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06-27-2005 Council Packet
.:l r ; j 4 F-f Si AGENDA FOR COUNCIL MEETING SET FOR MONDAY, JUNE 27,2005,7:00 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 arc available in the Public Packet • located on the counter near the sign in sheet. ROLL CALL PLEDGE OF ALLEGIANCE JUN 2 7 200S CITY OF OROnO CONSENT AGENDA 1. Approve/Amend APPROVAL OF MINUTES * 2. Regular Council Meeting of June 13,200S PARK COMMISSION COMMENTS • Paul Pesek, Representative PLANNING COMMISSION COMMENTS - Roland Jurgens, Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT 3. #02-2840 John Terrance Homes, LLC, “2550” Kelley Parkway - Final Plats of Stonebay Phases 3- 4-5-6 - Resolutions * 4. #04-2969 Terry and Gretchen Blount, 1390 Cherry Place - Conditional Use Permit - Resolution 5. #05-3097 Hashem Abukhadra, 1745 Fox Street - Subdivision 6. #05-3100 Larry and Sheryl Palm, 1146 Wildhurst Trail - Variance - Resolution * 7. #05-3110 Thomas and Sheila Browne, 760 Brown Road South - Variance - Resolution * 8. #05-3111 WaterStreetHomes, 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 - Resolution * 10. #05-3120 Calvary Memorial Church, 2420 Dunwoody Avenue - Conditional Use Pennit - Resolution 11. #05-3125 Christine Valerius, 2377 Shadywood Road - Amend Conditional Use Pennit - Resolution MAYOR/COUNCIL REPORT PUBLIC SERVICE DIRECTOR'S REPORT CITY ADMINISTRATOR’S REPORT 12 Application for Payment No. 14-Final Revised-Long Lake Fire Station. Rochon Corporation 13. Cingular Water Tower Lease Agreement 14. Mn/DOT Traffic Signal Agreement for the 6/12 Interchange 15. Appointment of Golf Course Seasonal Employee I h h ! AGENDA fOR COUNCIL MEETING SET FOR MONDAY, JUNE 27,2005,7:00 P.M. ORONO COUNCIL CHAMBERS, 2700 KELLEY PARKWAY, ORONO, MINNESOTA CITY ATTORNEY’S REPORT * 16. LICENSES Special Event Peiinit * 17. BILLS i: UPC G ISSUES AND EVENTS 06/27 - Council Meeting, Monday, 7:00 p.m. 06/30 - Council Woik Session, Thursday, 5:45 p.m. 07/04 07/05 07/06 07/11 07/14 07/18 07/25 07/28 HOLIDAY, Observance of Independence Day Park Commission Meeting, Cancelled Planning Commission Work Session, Wednesday, 5:30 p.m Council Meeting, Monday, 7:00 p.m. Council Work Session, Thursday, 5:45 p.m. Plaiming Commission Meeting, Monday, 6:00 p.m. *' Council Meeting, Monday, 7:00 p.m. Council Work Session, nursday, 5:45 p.m. 08/01 > Park Commission Meeting, Monday, 7:00 p.m. 08/03 • Planning Commission Work Session, Wednesday, 5:30 p.m 08/08 - Council Meeting, Monday, 7:00 p.m. 08/11 - Council Work Session, Thursday, 5:45 p.m. 08/15 • Planning Commission Meeting, Monday, 6:00 p.tn. 08/22 - Council Meeting, Monday, 7:00 p.m. 08/25 - Council Work Session, Thursday, 5:45 p.m. :*■ Jl • 'f’ ■ Public A ttendance N [■ Meeting D ate 6-2.7-<5'S" C ouncil □ Planning C ommission □ Park C ommission □ Other Please fill out the information requested BELOW FOR OUR CITY RECORDS. V NAME (please prtet)ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER 1./: 2. CemmuA»'*^u Me#Ue.fiinri Se./vi).<s i'Tt_ L. s s, ^HiACcr Me Com O COLOArve* PnCr^c^AL. <l<4MACa iX»*J*43: 0Ca AW a____________ 6. f 1^4 V -aV . 7. CltvtS ^ (\^ RA 8. 9. 10. 11.. 12.. 13. 14. IS. WiVA*AIMlil 8..^ .^k.,y.«rTh. ----mp^ ..^ ,■ >Ai1y^^krtt»njiBBian-yir-fcifciP»a^^Ji __^R.nCMlKl Ill i-aniAi •. .......>iOKr.*»ia -k-i r4 North Hennepin Mediation Program Inc. 2003 Annual Renort /rrT/,^gT-T| 2M3/2M4 Board ofDiracton Joan Molenaar - Giair Roger Gilmore - Treasurer Carol Habsiritt - Seaeiary Andrea Childs Linda deBeer Jan Frankman Leonard Lindquist Darrell Jensen Scan Rahn Harvey Rochlin Juan SL Mane New Vision Statement The NHMP Board of Directors has been undergoing a very thorough strategic planning process. Among other things, this process yield^ new vision and mission statements and lays the foundation for an exciting mission driven future. Stair Beth Bailey-Allcn Greg Barnett T. Jason Rnk Sandy Moberg-Walls Jessie Ware Our vision for NHMP, for the next three to five years, is to be a growing non-profit organization which serves as a catalyst in our diverse community, encouraging and supporting peaceful, open and trustworthy communication to resolve differences. To carry out our vision, we will: Offer high quality mediation, facilitation, and training services which are accessible, effective, and have measurable goals and objectives that lead to positive outcomes; • Carry out our work with competent staff. Board members, and volunteers who are representative of our diverse community; • Establish collaborative relationships to expand and deepen our opportunities to provide service to a greater segment of the population; Increase the autonomy, reliability, and diversity of funding sources; Deve'op highly visible and effective marketing which reflects the work of the organization and its role as a leader in the community it serves and the professional organization of which it is a part. I v.-« V. 1: Special thanks to NHMP's President's Circle - Each member of this group has donated over $1,000 in the past year Ibby and Roger Gilniorc LTD Lindquist A Vcnnnni, PLLP Bams,Gnzy A Steffen, LTD NHMP*s Twcoticth AnnhrcrMry Celebration & Fundraiser Approximately 100 friends and voiuntem of North Hennepin Mediation program had a wonderful time celebrating NHMP's 20th Anniversary on November 18th at the Metropolitan Ballroom. George Latimer, Master of Ceremonies, told the audience. **No one should have to wait until a crime has been committed, a law broken, or a relationship severed before help is available.” Increasingly, we need to addrctt conflict at earlier surges and mediation allows us to do that. The goab of the evening were to raise funds, to recognize all the ways in which individuals rise to the occasion to him the NHMP vision into a reality, and U) enjoy each other ’s company. We thank everyone who joined us in body or spirit, and we thank all the wonderful volunteers who made the event possible! Vitfif us online at: wwwjnedUaionoroeram.com j bgr the Nanbcn 1404 Total Cases 1187 Total Mediation Sessions. 6104 Total People Served. lypca of Diapmcs Mediated in 2803 InttipenofMl Ncig boriiood IS« UDOMBf 11« Stand ftwmtiig I3» Jvvcaile I9« Cowls Served In 2003 Conciliation Court Harassment Court Housing Cbuit Thank jon MUMP Voinniecn • Nearly 7j000 service hours • 68 Mediators and 11 Board Members Congratulations to 2003 Mediators of the Year Julie Allen and Paul Hile. 2003 NHMP Year-End Financial Statement Fund Balances, Beginning of Year 560,957,70 2003 Budget Year - Income $34,124.19Fonadathm • McKnight Foundation • Community Action for Suburban Hennepin • West Community Partnership • National Association for Community Mediation • Minnesota State Bar Association • Miruieapolis Foundation State of Minnesota $29,217.98 • Minnesota Department of Corrections • Minnesota Supreme Court • Minnesota Center for Crime Victim Services Fees for Service • Fourth Judicial District Court • Municipalities $70,229.92 Individual fees (training and mediation) Individuals and Businesses $22,162.00 Miscellaneons * 391.90 Total Income $156,125.99 2003 Budget - Expenses Program Services Administration Development $108,622.00 $ 31,035.00 $ 15,518.00 Total Expenses Fund Balances, End of the Year $155,175.00 $ 61,908.71 Thank yon to all of those who contributed to NHMP’s success in 2003. (Our dsspsst apolo^ if wc have aiiiacd you. Pl«atc >*t ns know so wc can iaclndt yonr aamc on oar website.) • l¥8tldMriavd€($l ,000 aiid above) AwNiyiiioMu Ibby Md Ro§ar Gihiiora« Bama, Oiey A Slaffcii, LTD; Ltndt|ttift A Vemium. PI-LP -CoiMiytfiily Uader(f500loS999) r—iw# David Ofavaa Foasdatm; Ofay Pliil Mooiy Fouiidatioii; Hamlioc Univcfiity • Miimeapolif Campus and The Meoialion Ccnler Mike!!^i!m^^ C«ilefpoliil Eacfgy, Lae and Bafbara Beannrn. Phil Camithers, Bonnie Cieaaoiu Richard^ Carol Habifiril!. Barb ftmm. Tom and Vir^iBaK^ BMnb^ Ken Lukes. James Matmisson. Linda dup, Tcny (k Slane. PLLC. Sandra Mobcff WaiU Abbv and SialdM BadJa. lean Bailey, Boh Burliniame, Carol Cannlchiel. Maik and Nancy Cafpemar. Karen Chesebrough. Walter and Raylanda Ha^ AnBonilte Johns, Diane and lUy Kloli. Bob and Martys Kuebelbeck, Laurie Kusek, Maryann Leonard. BiU Luther. Strauss Management, .!anei M^. John M-MOIcr. Duane Pdlsbury. Dean Nyquist Tom Shinnick, Elaine White. Danyl and Diane Sannes EM R sMm. Lm SkavMttr. Swa SwOb ^U mmi. K mi Ulricli. A om WaOenM*. Ami* FMty WiUn o n nrinoitulft-frifu No neighbomood problem is wordi losing deep over. !'in iicni.''ili<ilMi.i.<d ■ .;:irk t ivii;.;ii;,;i!■.%' rki":':[■ ■iN vf 111, It ^:\fsyou •Aor tlio xtv i,v| r»',s4?iv*‘ij, U-lVrcyni.r .itr tur:;,. ,nM ,t C'.*' .> .j x ft i * h "a .V/ imm '±\:m - ^ i u» . <>y : • * J ^ »% Now there ’s a better way to dear up those l*-!--.n:•,!if • ri; * -: r : f :,l! .•.* ill, ■. ■rc.sf. • ..'.i •i* r • _ -» »• » ‘^1*^*;*'*>Y« M. r^\jjgF •r^' • ■ 1 RSIS i. ter.i ^ • f:., ,•■->■ :.-\- r ?:C .^ N V-< i Ai L^:i^flBnes ■ca^i • » • .*/ .* ' 1 '' 'M-..?v.. . ^ti'.:. *-A*I7-* ■ »w\j-rrT - m:-ii ■llv.> .•r..-;Hv"v'/■ r .V .1 :.• ■ f ^ H i ■ ■ '■ ^ ^-;:> V.-*-.i A I Community Mediation Services in 2004 Family/ Parenting 12% rassment/ Workplace 16% ^ i> Neigborhood 18% Interpersonal 7% Consumer 14% School/ Juvenile 33% Uf^r:.\n tv- ?•* V.', tWKai •'SBIbiiili CITY OF ORONO REFERRAL FORM (TOi Community Mediation Services. Inc.^ Referring/contactPerson:____________________Phone:__ „ file# CMS CASE NO: n Human Relations □ Police Department □ Other Fax: □ City Council □ City Staff Are the parties aware of the referral to mediation? f Yes No Have they agreed to mediate? C □ Yes 2 No PEOPLE INVOLVED: PARTY I:PARTY 2: Name Name Address Address Phone PARTY 3: Phone PARTY 4; Name Name Address Address Phone Phone TYPE OF DISPUTE:□ Merchant/Consumer □ Family School□ Neighbor to Neighbor □ Human Rights □ Property Issue □ Juvenile Offenders □ Harassmemt □ Victim-Offender □ Other________ □ Landlord-tenant Please use back of form for any additional parties and/or information. MAIL TO: CommuBity McdiatioB Services, Inc. (formerly Nl IMP) 3300 County Road 10, Svitc 212, Brooklyn Center, MN 55429 (763)561-0033 FAX TO: (763)561-0266 Police officers: Please iBcladt police report. Providing of^rtmitles to resolve conflicts effectively ami respect fully Revised 8 04 Kfiaai&i ; S: IT '6i77W 501 m •Ml 1 • »i*> 4-»:Ti%iri ,v J.-L-i-111 «*jir-Ti¥»-TT^ :*¥V; IfF: r-1 .. i-1 1 1#] • l.-l* 10 *. j ( Tftt X ■ I T^, V ■ E □ « ■ *1P* .Ui..: 11 " •• ' • <T* : ’>-S '(M ' -V' rf y^v-.'' ■ t • '- v' "■ vSC:^ m i ■ :u- ^ ' :;• V...T •' „ Tv-V. ,>;. ;'»‘S-; ' S-':- ■■ !*..■« ... ^ - V ^, ?%> ^ • -r •. <-■ .• ••. . . .V.J V-;' -. ife lofl b€li€V€0,, people am resolve their own disputes respecthtify, with help hwn trained mediators. We believe... communities, families, schoob, and businesses fisnctlon more effectively with constructive means to promt atui resolve conflict. JuvenOc 13% Family mr Interpersonal 4% Neighbor 17% Business* Consumer 28% Landloni' tenant 8% Poet-Dhrorce 28% Types of non-court coses mediated in 2001 Thank you to NHMP staff Bonnie Lukes, Executtve Dliector (through |unc Beth BoUey-AUen, Executlvt Dlicctor (from |uly |onl Brown, Program Manager lonet Mauer, Community Liaison Sandra Mobeig Walls, Cose Developer ►1) ►1) t believe... children and teenagers need skills and tools to help them navigate everyday conflict, as well as the conflict that filters down from the adults In their lives. ‘iii ■ '^rnr»’4 ^ \ We believe... we provide an excelUnt return on the community Investments of our financial partners by providing services through trained volunteers. We believe... we create closer cormectUms to the communities we serve by recruiting volunteers horn the same communities. • ( (S> MINUTES OF THE ORONO CITY COUNCIL MEETING Moaday, Jam 13,2005 7:00 o’clock p.m.JUN 2 7 2005 ROLL "CfTYOPORWRj The Council met on the above-mentioned date with the following members present: Mayor Barbara Peterson; Council Members Jim Muiphy, Jim White and Lili McMillan; City Attorney Thomas Barrett; Representing Staff were City Administrator Ron Moorse, Planning Director Mike Gaffron, Planners Melanie Curtis and Janice Gundlach, Engineer Tom Kellogg, Public Service Director Greg Gappa, and Recorder Jackie Young. Council Member Bob Sansevere was absent. Mayor Peterson called the meeting to order at 7:02 p.m., followed by the Pledge of Allegiance. CONSENT AGENDA 1.APPROVE/AMEND Items 4,6,11,12,13,14,15,17,18, and 19 were added to the Consent Agenda. Marphy moved. White sccoadcd, to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. PRESENTATION 2. NORTH HENNEPIN MEDUTION PROGRAM This item follows Item No. 10. APPROVAL OF MINUTES *3. REGULAR COUNCIL MEETING OF MAY 23,2005 Mnrphy moved, Peterson seconded, to approve the minntes of the Rcgnlar Orono City Conadl meeting of May 23,2005, as snbmittcd. VOTE: Ayes 4, Nays 0. PARK COMMISSION COMMENTS - Charles Krogness, Representative No representative was present. PLANNING COMMISSION COMMENTS - Travis Winkey, Representative Winkey stated he had nothing to report but would be available for questions. PAGE 1 • r‘|4 , LI W'l MINUTES OF THE ORONO CITY COUNCIL MEETING Monday* Jnne 13* 2005 7:00 o’clock p.m. PUBLIC COMMENTS None ZONING ADMINISTRATOR’S REPORT *4. 005-3102 KATHRYN ALEXANDER ON BEHALF OF J. SVEN GUSTAFSON* 920 BROWN ROAD SOUTH - VARIANCE - RESOLUTION NO. 5329 Mnrphy moved* Whlto seconded* to adopt RESOLUTION NO. 5329* a Resointion granting approval of lot area and lot width variances and approval of side setbacks of 20 feet on each side for the property located at 920 Brown Road Sooth. VOTE: Ayes4*NaysO. *5. MS-3101 GARY AND LYNN CHRISTENSEN* 3540 IVY PLACE - VARIANCE - RESOLUTION NO. 5330 Mnrphy moved* White secuuded* to adopt RESOLUTION NO. 5330* a Resointion granting hardcover* side and lake setback variances for the property located at 3540 Ivy Place. VOTE: Ayes 4* Nays 0. *4. MS-3109 NAVARRE CONGREGATION OF JEHOVAH’S WITNESSES* 3455 TOGO ROAD - CONDITIONAL USE PERMH AND VARIANCES - RESOLUTION NO. 5331 Mnrphy moved* White seconded* to adopt RESOLUTION NO. 5331* a Resohition graatiag a condMonal nse peradt and hardcover and s^ variances for the property located at 3455 Togo Road. VOTE: Ayes4*NaysO. 7.M5-3110 THOMAS AND SHEILA BROWNE* 740 BROWN ROAD SOUTH - VARIA.NCE Thomas Browne, Applicant, was present. Curtis sttted the applicants ’ property is located on Tanager Lake, which has been classified by the DNR u a recreational development lake requiring a 100-foot structure setback. The applicants would like to construct a window dormer for added space and safety in an existing second story bathroom. In addition, the applicanu would like to construct a small garage addition to the north of their atuched garage. Cimis noted the entire home is located withm the 100-foot structure setback and any building envelope expansion would require a lake setback variance. PAGE 2 MINUTES OF THE ORONO CITY COUNCIL MEETING Moadty« Jim 13,2005 7:00 o’dock p.m. (M5*3110 Tkomas ud Sheila Browae, Coatiaucd) The Planning Commission voted 4*2 to recommend approval of the lake setback variance in order to construct a second 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 some additional hardcover removals. Curtis stated the applicant is proposing a smaller sized garage with some additional hardcover removals. Planning Staff recommends approval of the lake setback variance in order to construct the second floor dormer not extending outside the existing home footprint. Planning Staff, however, recommends denial of the lake setback and hardcover variances for the garage addition. Should the Council find that a hardship exists with respect to the revised garage addition, appropriate hardcover removals should be discuss^. Browne addressed the Council concerning the rationale for requesting variances, noting that they are approved if there are health or safety issues, traffic conditions, light and air, danger of fire, risk to the public safety, and die effect on values of property in the area. Browne noted variances are recommended fm approval where strict enforcement would cause undue hardship because of circumstances unique to the individual property. Browne indicated his property is unique. At the time it was purchased in 1977, it vras considered marshland. Browne stated the house was approximately 1000 square feet and that the improvements he made to the house over the years complied with City’s regulations and that he did not attempt to construct a multi*million dollar house on this lot. In 1992, the DNR changed the classification from marshland to a lake. Browne indicated in his opinion there is no useable lake area. Browne stated he would like to construct a garage addition over existing hardcover and that he is not requesting a major addition to his house. Browne noted the house is fully guttered, with the majority of the runoff being diverted to the road and/or the grass area before it enters the marshland. Browne stated in light of the other approvals that have been granted in the past by the Council, he should be given the right to add a stall to his garage. Murphy indicated he did visit this site and inquired what the total square footage would be with the garage addition. Curtis indicated the garage addition would not increase the hardcover on the lot and that the applicant with the revised proposal is requesting a 14’ by 19’ garage rather than an 18 ’ by 20’ garage. Curtis noted the applicant is also proposing some additional hardcover removals on the north side. Murphy inquired what the rationale was for the two Planning Commission members for recommending the reduction in the size of the garage addition. Winkey stated the three primary issues were the potential massing, the encroachment on the lake, and the close proximity of one comer of the garage to the wetland. Winkey stated some of the planning commission members felt that a bigger reduction m hardcover would be appropriate if the garage addition were approval. PAGE 3 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, Jane 13,2005 7:00 o’clock p.m. (005>3110 Tkonuw and Sheila Browne, Continned) McMillan inquired why the garage is angled. Browne stated it is a design issue and that the lot does drop off down to the wetland. GafBon noted the garage addition would add approximately 230 square feet of structure. McMillan inquired whether there is any issue with structural coverage on tnis lot. Gaffron indicated there is not. White concurred that the site is unique and that the applicant is not proposing a major addition. McMillan inquired whether there would be sufficient room to back a vehicle out. Brovme stated there would be enough room. Murphy stated he does not see the need to remove the stones to help mitigate the hardcover. Browne stated the stones help to outline the edge of the dropoff. Browne indicated he does not have a full basement and that he would like to have the additional garage space for storage and in order to park an additional '/ehtcle. Curtis stated rn her opinion if the amount of structure in only the area above the 929.4 ’ elevation is considered, it could perceived as massing, but that if the entire lot is Uiken into consideration, there is not an issue with massing. McMillan inquired whether the applicant would like to retain the blacktop to (he right of the garage. Browne stated he is planning to remove that blacktop. Murphy noted this addition is not visible to the neighbors or the road. Murphy moved, White seconded, to direct Staff to draft a resolution reflecting approvai of the garage addition and dormer for the property located at 760 Brown Road South, subject to the addhioBal hardcover removals proposed by the applicaut, with the uaderstaadlug the stones would be alowed to remain. VOTE: Ayes 4, Nays 0. 0. «0S-3111 WATER STREET HOMES, LCC ON BEHALF OF RANDALL AND SARA HOGAN, 2260 FOX STREET - CONDITIONAL USE PERMIT AND VARIANCES Rick Carlson, Water Street Homes, was present. PAGE 4 MINUTES OF THE ORONO CITY COUNCIL MEETING Moaday, Jaae 13,2005 7:00 o’clock p.m. i.' (005>3111 Water Street Homes, Coatioaed) Gaffron stated the applicants are proposing to construct a detached accessory structure for the storage of collector vehicles, with a number of variaiKes being requested. The applicants are proposing the accessory structure be located nearer the front or street lot line than the princinel 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 square feet. If the total area of the lot and outlot, including wetland, is used in the calculation, die lot at 4.985 acres would allow a 2,000 square foot footprint. The total buried and above ground fooqrrint of the proposed building as reported by the applicant is 3,310 square feet, with 1,426 square feet being located above ground. Gaffron noted the City ’s code does not address whether the outlot should be included. In addition, the applicants are also requesting a conditional use permit for plumbing in an accessory structure that includes a toilet. Gaffron stated die site is limited due to the topography and the location of a septic site, which is the reason for constructing the structure in the proposed location. Gaffron pointed out there are some wetlands located on this property and that ^ applicants are proposing a 16-foot setback from one wetland. Gaffron noted Orono’s wetland moratorium prohibits alteration of wetlands or lands within 26 feet of the wetland. Gaffron stated one comer of the proposed structure is located within 26 feet of the wedand. Gaffron stated due to the moratorium, the Council is not able to approve any application that affects wedands. Gaffron indicated the Planning Commission reviewed this application and spent some time considering the visual aspect of the building, with the applicant having submitted some revisions to the original plan based on the concerns raised by the Plarming Commission. The applicant is now proposing to locate the structure sli^tly further to the east, which provides a greater separation betwee n the two buildings. Gaffrxm noted the Planning Commission al^ raised some concerns regarding the drainage and the applicant is now proposing some retaining walls and some minor grade changes. Gaffron stated the main issue is the proximity to the wetland and whether this application would be subject to the wetland moratorium. Gaffron indicated if the applicant is able to locate the structure 26-feet from the wetland, they would not be subject to the moratorium. Gaffron stated the Planning Commissitm had some concerns regarding the future use of this structure, with the applicants indicating they are willing to place covenants or other restrictions requested by the Council on the property to limit the future use of the stmeture. Murphy inquired whether there is a hardship to grant the variance. Gaffron stated from StafTs perspective there is not a hardship for the size of the structure but that there are some mitigating factors that reduce the visual and future use concerns. Gaffrtm stated a smaller building could be built which would comply with the codes. Murphy noted the lot is very isolated from the neighboring properties. Murphy inquired whether a conditional use permit would be appropriate for the proposed structure. PAGES MINUTES OF THE ORONO CITY COUNCIL MEETING Moaday, Jaac 13,2005 7:00 o’clock pja. (0S>31 11 Water Street Hoaiee, Coatiaaed) Gaffixm stated there are risks associated with granting a conditional use permit and tiut conditions can be placed on the property to address any concerns die Council may have. Gaflron indicated a situation could arise that die conditions do not addr^. McMillan commented the enforcement of the conditional use permit would be another issue. Murphy stated in his view it is a remaricable use of the property and that the applicants have taken great steps to design it to fit the land. Murphy inquired how this structure could be redesigned so it would not fall under the wetland moratorium. Gaffron inquired whether the building could be shifted without having other major impacts on the site. Carlson inquired what setback they would need to meet. Gaffron stated the moratorium requires a 26-foot setback from the edge of the wetland. Gaffron indicated the moratorium covers any wetland diat has been identified under the federal wetland delineations and that any structure that is located within that 26-foot buffer would be affected by the moratorium. Carlson stated the building would need to be redesigned if they are required to meet the 26-foot buffer. Carlson stated the hardship in this case deals with the intent of the ordinances and why they are drafted and that the ordinances do not address every situation. Carlson pointed out there is an outlot located in the front and diat die entire square footage of the property should be counted. Carlson stated the outlot is owned by the property owners and there is no sha^ access over the outlot. Carlson stated if the entire amount of land owned by the applicants is taken into account, a variance would not be required, and that the strict interpretation of the ordinance creates a hardship. Carbon stated they are able to meet the spirit and intent of the ordinance by constructing two separate structures, each consisting of 1200 square feet, which would not be as aesthetically pleasing as what is being proposed. Carlson slated they have attempted to create an aesthetically pleasing structure that would add vdue to die lot, limit the visual impact to the neighbors and to the property owner, and also meet the spirit and intent of the code. Carlson agreed they would need to address the issue with the wetlands. Barrett stated he is in agreement with staff that the moratorium does apply to this property and that no portion of the structure can be constructed within that 26-foot buffer while the moratorium is in effect. Carlson inquired how long the moratorium is in effect. Gaffron stated the moratorium expires in October but that the City would likely adopt stricter regulations concerning wetlands once die moratorium is up. Carlson stated they would be able to meet the 26-foot buffer by reducing the amount of square footage of the stiucture. Carlson requested that they be allowed to submit a revised drawing that meets the 26-foot PAGE 6 MINUTES OF THE ORONO CITY COUNCIL MEETING Moaday» Jaae 13,2005 7:00 o’clock p.ni. (#05>3111 Water Street Hobms, Coatiaaed) buffer as a condition of approval. Carlson noted the portion that falls within the 26-foot setback is located underground. Gaffron inquired whether the driveway could be relocated slightly. Carism stated the property owners would prefer not to relocate the driveway but rather reduce the amount of square footage of the lower level. Murphy inquired whether all variances are predicated on a hardship. Barrett indicated they are. Gaffron stated the variance language in part reads as follows: “Before granting a variance, the council shall hear requests for variances from the literal provisions of this chapter 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 q>irit and intent of this charter.” Gaffron stated a hardship needs to be demonstrated and a showing that they are keeping with the spirit of the code. Gaffron indicated a number of variances have been granted throughout the city and that the type and degree of hardship varies from application to applicatitm. Mutfdty stated one solution is to construct two smictures above ground, which may not be the best solution. White commented that the proposed plan looks aesthetically pleasing and makes sense for this lot. McMillan inquired whether the City has other two-story accessory structures where the below grade level has different footprints. Gaffron indicated this type of design is unusual for the City and that Staff has not determined how much fill depth is necessary for an area not to be determined as hardcover. White stated he prefers this proposal rather than two separate buildings. McMillan stated the issue then becomes what the square footage should be of the one structure. Carlson stated the configuration of the lot is a hardship and that the design meets the spirit and intent of the ordinance. McMillan noted there is a fair amount of wetlands on this property that reduces the amount of dry buildable land. Murphy inquired bow the current fooq>rint is calculated. PAGE? MINUTES OF THE ORONO CITY COUNCIL MEETING Moaday, Jaac 13,200S 7:00 o ’clock pjn. (005>3111 Water StrocC Hobms, Coatiaacd) Gafron stated every portion that has foundation and floor has been included but that the second story is not counted as additional footprint. Murphy inquired why the underground garage portion is included in the footprint. Gaffron stated it is considered structure from a building code perspective. Gaffron stated the two main reasons for the oversize accessory structure ordiruuice deals with the appearance of the structure and the future use of the structure. White stated he is willing to agree to a smaller footprint because a portion of the building is located undersround. Murphy inquired what die City was attenqiting to accomplish widi the oversized accessory structure ordinanc e. Gaffron stated the ordinance addresses the size of the building and the total number of square feet that could be constructed on a lot, with the future use of the structure also being a concern. Murphy inquired whether the lower level could be considered a second building. McMillan noted they are requesting more than what is allowed for this size lot. Carlson stated the variance is necessary if the outlot is not considered in the calculation for land area. Gaffron stated the ordinance does not address whether an outlot and/or wetlands should be included in the calculation of land area. Gaffron stated if the Council concludes that the primary reason for the ordinance is the visual impact and that the wetlands are a mitigating fsctor, the Council could find justification for granting a variance. Carlson inquired whether tfte outlot could be combined. Gaffron stated normally the City does not give credit for outlots. Gaffron stated this portion of the property was platted as an outlot in order to achieve a 200-foot lot width along Fox Sheet. Barrett stated as a condition of the variance, it would be necessary for the property owner to agree that the two lots would be held in common and exclusive ownership. Carlson stated that would not be a problem. Barrett inquired whether another driveway access would be granted onto Fox. Carlson indicated no, noting that the outlot can only serve this property. Gaffron concurred that there is no other property that could be served by the outlot Gaffrtm stated the question then becomes whether wetlands should be included in the calculation for land area. m FAGEt i ' lis—iteaMfi— rarkMkd MINUTES OF THE ORONO CITY COUNCIL MEETING Moiday, Jue 13,2005 7:00 o’clock p.m. (#05-3111 Water Street Homes, CoBtiaaed) Carlson stated if the outlet is included, diey are within the total amount of footprint allowed. Peterson noted the applicant has indicated they are willing to comply with the 26-foot buffer as well. White moved, Peterson seconded, to direct staff to draft a resolntion granting a variaace for an accessory stmetnre to be located nearer the froat or street lot line than the principal residence atmetnre, snbject to the condition that a revised plan be sabmUted depicting the redaction In sqaare footage, and Airther sabject to the condMon that a covenaat will be placed on the property restricting the fatnre ase of this stractare, and granting of a condttioBal use permit for plumbing In an accessory stractare that Inclades a toilet for the property located at 2260 Fox Street. McMillan inquired whether a holding tank would be installed. Carlson stated they are willing to install a holding tank if Staff so requests. VOTE: Ayes 4, Nays 0. 9. #05-3114 PETER J. BOYER ON BEHALF OF SEVER AND SHARON PETERSON, 3145 NORTH SHORE DRIVE - VARIANCES Peter Boyer. Sever and Sharon Peterson, Applicants, and Jim McNeil, Formation Architects, were present. Curtis stated the applicants are requesting variances to lot width, hardcover within the 7S ’-2S0' zone of 28 percent, and average lake setback in order to build a new single-family residence. Leners of support from the neighboring property owners for additional 7S ’-2S0’ hardcover are attached as F.xhibit B. Roth of these letters reference an “ordinaiKe change” regarding the shared driveway and how the City then accounts for this hardcover. Curtis indicated there has never been a formal ordinance regarding calculation of this hardcover for shared driveways, but rather a policy has been established to determine who is accountable for what portions. Curtis stated the policy states that the portion of the shared driveway the property owner benefits from shall be irKluded in the property’s hardcover calculation, while the remaining hardcover not benefiting that property owner and underlying square footage are both completely removed from the hardcover analysis. The Planning Commission voted 6-0 to recorranend 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-family residence. Staff recommends approval of the lot width and average lake setback variances and denial of the hardcover variance consistent with the Planning Commission recommendation. The Applicants had nothing to add to stofTs report. PAGE# J MINUTES OF THE ORONO aTY COUNCIL MEETING Moaday, Jaae 13,2005 7:00 o’clock p.ni. (#05-3114 Sever aad Sharoo Petersoa, Coatiaaed) Murphy inquired what is necessary to reduce the hardcover to 25 percent Gaffron iUustrated the portion of the driveway that is not necessary to access this property, noting that that hardcover amount has not been included in the calculation. Gaffixm stated one option discussed at die Planning Commission was turning that section of the property into an outlet. Gaffron stated the policy could be forcing the property owners into a hardship situation. Gaffron stated if that portion of the property was considered an oudot, the amount of hardcover with this in-oposal would be calculated at 21 percent. McNeil pointed out their proposal reduces the amount of hardcover to 27.4 percent on the property from 32.7 percent hardcover. McNeil noted that a large portion of the driveway does not need to be used by the Petersons, and that if the driveway were reduced to nine feet wide, they would be below the 25 percent hardcover limit. McNeil stated they are willing to reduce a portion of the driveway and that they are asking the Council to review the policy and only count the driveway as being nine feet in width in determining this property owner’s hardcover calculation. Murphy inquired what the actual hardcover on this lot would be if everything is counted. Gaffron stated it would be 27.4 percent. Gaffron indicated if the shared driveway portion is removed, the hardcover would be approximately 21 percent. Mr. Peterson stated they feel it is an unfair burden to have to include the extra width of the driveway in their hardcover calculation that is required as part of a shared driveway. Peterson noted the lagoon also should be considered a hardship in the need for an average lake setback variance. Gaffron stated the lagoon does impact this property. Petmon stated die lagoon was artificially created and has caused a hardship. Murphy inquired wh.dier the house footprint could be reduced another three percent. O’Neil indicated they have reduced the hardcover on the lot with their proposal and that if they are required to reduce the footprint by another three percent, they would be left with a house that is smaller than what currently exists. O’Neil noted they are also improving the sight lines for some of the neighbors with their proposal. O’Neil stated they could avoid the need for a variance by reducing the driveway by seven feet hut that it might be a policy issue. Murphy stated in his opinion given the number of homes that utilize this driveway, it should probably be considered a road. Murphy noted the amount of hardcover on this lot is being reduced with the applicants’ proposal. MINUTES OF THE ORONO aTY COUNCIL MEET^G Monday, Jnne 13,2005 7:00 o’clock p.m. (005-3114 Sever and Sharon Peterson, Continncd) McMillan stated in her view some credit should be given to the applicants for a majority of the driveway being located on their property. Mnrpky moved. White seconded, to direct Staff to draft a resolution approving Application No. 05-3114, Sever and Sharon Peterson, 3145 North Shore Drive, granting of variances to lot width, average lakcshore setback and hardcover at 20 percent, with the understanding that credit is being given to the applicants for the shared driveway. Gaffitm stated in his opinion there is justification for allowing the additional hardcover given the shared driveway situation. VOTE: Ayes 4, Nays 0. 10. JACK AND KARI OLSON, 1966 SHADYWOOD ROAD - INQUIRY Jack Olson, 1966 Shadywood Road, was present. Curtis noted the Council in May 2005 approved a Resolution granting setback, hardcover, and lot coverage variances to allow the constructitm of a 441 square foot detached one>story garage. The property owners are now asking the council to examine the possibility of constructing an attached garage, with the same footprint that was approved in May. The applicants are proposing to attach a two-story 20’ by 22’ garage to the house and eliminate the five-foot separation between the buildings. Staff feels the new request will require a new application as the previous application has been closed with the resolution approval at the last Council meeting. If the Council determines that a two-story attached garage proposal may have some merit. Staff would direct the applicants to make a new application for review by the Planning Commission. Staff further feels that a minimal two-story attached garage that adds approximately 230 square feet to the existing house would make use of the space within the existing residence, would create additional living space, would allow for better on site puking and would limit the visual impact of the additional structure as viewed fiom the channel. Curtis noted a 230 square foot addition would be within the lot coverage limit for this property. White stated in his opinion the two-story attached garage makes more sense. Olson concurred, noting he has spoken with several contractors who have recommended the attached garage. Gaffron stated Staff in the past was attempting to limit this property to the IS percent structural coverage. Gaffron recommended the applicants consider reducing the size of the addition to stay within the 15 percent structural coverage and utilizing part of the existing house for garage. PAGE 11 MlNtTES OF THE ORONO CITY COUNCIL MEETING Moaday, Jaac 13* 2005 7:00 o’clock p.ai. (Jack aad Karl Olaoo, Coatlaocd) Peterson noted the applicant would need to submit a new application if he wishes to proceed forward with an attached garage. McMillan pointed out the applicant would probably need to comply with the IS percent structural coverage limit if a new application is submitted. Gaffron noted a portion of the living space on the lower level would need to be converted into garage space. Olson stated tfutt portion includes a kitchen and a bathroom and they are not in a financial position to remodel that at this time. Murphy stated it was his understanding they had proposed a detached garage because of the costs associtfed with attaching the garage. Olson stated they are simply moving the garage over. Curtis stated the Council had previously approved the structural coverage at 1711 square feet, with the structural coverage on this lot currently being approximately 1200 square feet Curtis stated the detached garage consists of 441 square feet. McMillan pointed out there is more massing on the lot with the attached garage. McMillan noted there was no restriction put on the approval for adding a second story to the detached garage. Gaffron stated in his opinion a second story would need to be reviewed since it would be located within 7S feet of die lake. Gaffron displayed the design that was previously approved. Gaffron stated a new application would need to be submitted if a second story is added to the detached garage. Curtis noted the approval did not include the dormers that are depicted on the drawing. Olson indicated his surveyor included the dormers on the garage for aesthetic reasons. Peterson stated total hardcover on the lot after construction of the garage and some blacktop removals would be at 43 percent Curtis stated the applicant would be constructing the garage over existing hardcover. Curtis inquired how the hardcover was reduced from 48 to 43 percent as shown on the updated survey. Olson stated he instructed the surveyor to relocate the detached garage next to the house and that he is unsure why the hardcover number changed. Curtis inquired whether the applicant is proposing any further hardcover removals. Olson stated he is not. PAGE 12 J\ MINUTES OF THE ORONO CITY COUNCIL MEE11NG Moaday, Jaac 13,200S 7:00 o’clock p.ai. (Jack aad Karl Oltoa, Coatlaaed) Peterson stated the applicant is looking for direction on whether this concept would be approved by the City. White stated they are not able to approve something that the Planning Commission has not reviewed. Oaffion stated Staff and the applicant were looking to see whether the Council would be opposed to the long structure rather than two Imildings. Moorse stated it appears that dw Council is fine with attaching the garage but that they would prefer to have some input from the Planning Commission and whether the amount of suiictural coverage should be reduced. Murphy pointed out the applicant’s detached garage was approved and that he does have the option of bringing a new application before the Planning Commission to get their input on the new design. Murphy indicated he would have trouble supporting the new proposal given the amount of massing on the lot. Olson stated everyone he has spoken to have indicated that they prefer the garage attached due to appearance and the fact that thm would be water runoff between the two structures. Olson stated he would like to know whether this proposal is a viable option. White stated if the applicants can meet the IS percent structural coverage, it probably would be approved. White suggested the applicant speak with Staff and with his builder to see whether some modifications could be made to the plan in or^ to comply with the IS percent. Murphy stated if the ten feet difference between the two is the kitchen and the bathroom, it might not be worAit. Olson stated it is not an n for him to relocate the kitchen and bathroom. Gaffion stated the roofline for the detached garage would match the roofline for the house. Murphy stated the garage could be turned the other way to achieve the look of two different buildings. Peterson suggested the applicant speak with Staff further on this proposal, but that she has an issue with the appetfance of massing on the lot if the garage is attached. White indicated he prefers the attached garage rather than two separate structures. The City Council took no formal action on this item. PAGE 13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, Jaac 13,2005 7:00 o’clock pjn. PRESENTATION 2. NORTH HENNEPIN MEDIATION PROGRAM Marpky moved, Pctenoa seconded, to approve fandins for North Hennepin Mediation, Inc., in the iatofS3,000. V. 'TE: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT McMillan stated she has reviewed the LMCD budget, noting that a six percent increase is being proposed for Orono, which amounts to $3,680. McMillan stated the LMCD would approve the budget July 1", and recommended that some guidance be given on the budget. White indicated he is in favor of the increase. Moorse stated he has not reviewed the budget in detail but noted that the LMCD is proposing to use fewer reserves this year. McMillan stated the LMCD could use the Save the Lake money to deal with the zebra mussels. Muiphy inquired how much is in the Save the Lake fund. McMillan stated there is approximately $230,000 cuiremly in that fund. McMillan pointed out they are only able to use the interest and not the principal. McMillan stated two citizens along County Road 6 have contacted her recently regarding an increase in the amount of people fishing along the east end of Long Lake Road. The citizens raised concerns regarding the safety of children arid other people in that area given the parking on the side of the road, the narrow road and the blind curve. Murphy stated he also has received a call regarding this situation. Gappa stated he has spoken with the police department regarding the placement of signs in that area warning drivers of pedestrians ahead. McMillan suggested that “no parking” signs be placed in this area. Moorse inquired whether a fishing pier should be installed in that area. McMillan stated there could be a problem accessing the pier. McMillan suggested the police department review the situation on a weekend and make some recommendations. McMillan stated she is in support of researching the Life Line. PAGE 14 J MINUTES OF THE ORONO CITY COUNCIL MEETING Moaday, Jaac 13,2005 7:00 o’clock p.m. (Mayor/CoaacU Report, Coatlaacd) Murphy indicated he is in support of the new technology. White inquired whether the park tour was successful and whether the City encountered any problems as a result of the storm that went throu^ Orono recently. McMillan stated she is happy with the purchase of the additional land next to Navarre Park and the improvements to the Navane Park. Murphy stated dte tour was productive. Moorse stated to his understanding Casco Point received the brunt of the storm. Gappa stated the Public Works Department would like to purchase some additional generators in order to keep up with the demands placed on sewer lift stations during power outages. Gappa stated a fair number of residents now have their ovm generators and suggested that the City include some articles in the next city newsletter regarding water usage during power outages. Peterson inquired about the mowing at Crystal Bay Park. Gappa stated he did speak with the mowing contractor who indicated he is behind schedule due to the rains. Peterson stated the park should be nwwed nKnre often than evety ten days. Murphy noted May Street is scheduled to be closed Monday. Murphy expressed a concern that a large number of residents would try to go south on either Brown Road or other streets, and inquired whether the police chief has been notified of the potential situation. Moorse stated a letter has been sent to the County. Murphy stated Long Lake and Orono have agreed to have a shuttle bus available on Monday morning at St. George’s Church that would circle its way around the lower part of Long Lake to pick up pedestrians from the south side and drive them to the north side. Murphy indicated this information would be distributed to the residents via cable television and newspapers. Murphy stated they are seeking donations to help keep the shuttle bus running for the next three months. Murphy indicated by closing May Street, they are anticipating that Brown Road and Old Crystal Bay Road would be ope^ a year earlier than origiiuilly proposed. Murphy stated a meeting was held between representatives of the cities affected by the Dakota Trail, Three Uver Parks, and the Hennepin County Rail Authority regarding the planning and decision making process for constructing a trail on Dakota Line. Mtophy indicated it is expected that the trail, if approved, would be started in 2006. Murphy noted there has b^ some oppositiem to the trail along the Dakota Line. PAGE IS MINUTES OF THE ORONO CITY COUNCIL MEETING Moaday, Jaac 13,2005 7:00 o’clock p.ai. PUBLIC SERVICE DIRECTOR’S REPORT 11. .\WARD CONTRACT FOR NAVARRE WATER TOWER REPAINTING Marphy OMvcd, White Mcoadcd, to award a coatract for the Navarre Water Rehabilitatloa Project to Clank Protective Coatiags, Meaoaioale, Wbcoatia; award to iacladc both the Base Bid aad Aheraate No. 1, la the aanaat of S207,231.00, to be loaded from the Water Fuad 2005 Capital Budget VOTE: Ayes 4, Nays 0. *12. AWARD CONTRACT FOR HIGHWAY 12 SANITARY SE’.VER PIPE BURSTING Marphy awved. White secoaded, to award a coatract for the Highway 12 Saoitary Sewer Pipe Burstlag Project to Pash Coastraetko, loc.. Rice Lake, WIscoosia, iu the aoMoat of $47,740.00 for the Base Bid aad $2300.00 for Alteraate No. 1, to be faoded from the Sewer Fuad with a budget adjustaicat to the 2005 Sewer Fuad Capital Budget to reflect this expeoditure. VOTE: Ayes 4, Nays 0. aTY ADMINISTRATOR’S REPORT *13. WAYZATA FIRE SERVICE AGREEMENT Murphy UMved, White secoaded, to approve the 2005 Wayzata Fire Service Coatract with the City ofWayzata. VOTE: Ayes 4, Nays 0. Murphy UMved, White seci.'*ded, to approve payaieat for fire protectioa services for the first half of 2005 la the aowuBt of $11,980.00. VOTE: Ayes 4, Nays 0. *14. LONG LAKE HRE STATION INVOICE Marphy amved. White secoaded, to approve the paymeat of $5,000 to Diversifieo Coatiag for the epoxy floor upgrade, to be paid ft'om the Joiat Fire Statloa Coustructioa Fuad. VOTE: Ayes 4, Nays 0. *15. ACCEPT DONATION FOR POUCE RESERVES Murphy moved. White secoaded, to accept a $30 doaatba oa behalf of the Oroao Police Reserves. VOTE: Ayes 4, Nays 0. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday* June 13,2005 7:00 o ’clock p.m. Id. URBAN HENNEPIN COUNTY JOINT COOPERATIVE AGREEMENT (CDBG) FOR FISCAL YEAR 2006-2008 - RESOLUTION NO. 5332 McMillan inquired whether this is the same joint cooperative agreement as what was proposed last year. Moorse indicated it is a renewal of the prior agreement. McMiUu moved, Peterson seconded, to adopt RESOLUTION NO. 5332, a Resolntlon Antborizing the Eiccatloa of a Joint Cooperation Agreement Between the City of Oroao and Hennepin County for Partklpntlon in the Urban Hennepin Connty Comnsnnity Development Block Grant Program in Fiscal Year 2006-2808. VOTE: Ayes4,NaysO. * 17. NO ASSESSMENTS FOR TOWNLINE ROAD IMPROVEMENTS - RESOLUTION NO. 5333 Mnrphy moved. White seconded, to adopt RESOLUTION NO. 5333, a Resolution Providing that No Portion of the Costs of Improvements to Townline Road will be Assessed to the Townline Road Area Property Owners. VOTE: Ayes 4, Nays 0. *18. BIG ISLAND VETERANS CAMP - STATE FUNDING - RESOLUTI ON NO. 5334 Mnrphy moved. White seconded, to adopt RESOLUTION NO. 5334, a Resointion Authorizing the CHy of Orono to Submit Infarmatlon 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. VOTE: Ayes4,Nays0. *19. HIRE FULL-TIME COMMUNITY SERVICE OFHCER Mnrphy moved. White seconded, to advertitc for and extend offer of hire to full-time CSO candidate beginning July 11,2005, at the beginning pay rate of S12.95 per hour. VOTE: Ayes 4, Nays 0. CrtY ATTORNEY’S REPORT City Attorney Barrett requested an executive session to discuss pending litigation. PAGE 17 ! I f i! t MINUTES OF THE ORONO aTY COUNCIL MEETING Moaday, Jaac 13« 2005 7:00 o ’clock p.in. •20. UCENSES Tke foUowiag Hccbmi were approved: RESIDENTIAL KENNEL LICENSE 1. Mickad aad Cyathla LcJeaae 410 OM Laag Lake Road ONE DAY GAMBLING - RESOLUTION NO. 5335 1. SMcr Keaay Foaadailoa Mlaaetoaka Ceater for tke Arti, 2240 Nortk Skore Drive Raflle wHk Art of Lhlag Gale aad Aactloa Taeeday, Jaae 14,2005,6:30 p.Bk -10:00 p ju. TEl 1. RARY ON-SALE LIQUOR LICENSE Sifter Keaay FoaadaBoa Mlaaetoaka Ceater for tke Arts, 2240 Nortk Skore Drive Art of Uvlag Gala aad Aactloa Taesday, Jaae 14,2005,6:30 p.ia. -10:00 pja. SPECIAL EVENT 1.AppBcaat:Sister Keaay Foaadatioa Eveat:Art of Uvlag Gala aad Aactloa Locatfoa:Mlaaetoaka Ceater for tke Arts, 2240 Nortk Skore Drive Date:Taesday, Jaae 14,2005 Tlaie:6:30 p.m. -10:00 p.: .w 2.AppHcaat:PaalMerlo Eveat:Private Party LocatloB: 2142 Skadywood Road Date:Saturday, Jaae 25,2005 Tlaie:5:00 p.m. -10:00 p.m. Marpky moved, Wkhe lecoaded, to approve tke above Uceases. VOTE: Ayes 4, Nays 0. •21. BILLS Marpky awved, WkMe socoaded, to approve payamat of tke All Fuads accouat. VOTE: Ayes4,NaysO. PAGE IS . • MINUTES OF THE ORONO CITY COUNCIL MEETING Moaday, Jaac 13,200S 7:00 o’dack p.ak ADJOURNMENT Marphy bmvc4, Pctmaa lecoadcd, to adjoara the Orono City Couacil OMCtiag of Jaac 13,2005, at 9:21 pja. VOTE: Ayct4,NayiO. ATTEST: Linda S. Vee. City Oak 3'm ;. s; r V *• ••. I f Baibara Peterson, Mayor m A' ,V'vV - f- .r Y j Vu,*;-: < ■ -'.U PAGE 19 ■J r V 2840 '\i N.. 2969 3114 3125 t3120 V i Y o> 3097 3110 t b <■ A Xl O a <'r i.i AGENDA FOR COUNCIL MEETING SET FOR MONDAY, JUNE 27,2005,7:00 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 tlie City Council under the Consent Item* on the agenda. Memos regarding each of the Agenda items arc available in the Public Packet - located on the counter near the sign in sheet. ROLL CALL PLEDGE OF ALLEGIANCE CONSENT AGENDA ^ I. Approvc/Amend APPROVAL OF MINUTES • 2. Regular Council Meeting of June 13,2005 COl 1^*''" ' ----------*• JUN 2 1 CITY OH UhuiMvJ / K PARK COMMISSION COMMENTS - Paul Pcsek, Representative ^ PLANNING COMMISSION COMMENTS • Ruland Jurgens, Represcnlalivc PUBLIC COMMENTS - (Limit 5 Minutes Per Pcrsnri) ZONING ADMINISTRATOR'S REPORT 3. #02-2840 Jolin Terrance Homes, LLC, ‘^SSO” Kelley Parkway - Final Plats of Sloncbay Phases 3 4-5-6 - Resolutions • 4. #04-2969 Terry and Gretchen Blount. 1390 Chciry Place - Conditional Use Penmt - Resolution 5. #05-3097 Mashem Abukhadra, 1745 Fox Street - Subdivision 6. #05-3100 Larry and Sheryl Palm, 1146 Wildhurst Trail - Variance - Resolution * 7. #05-3110 Thomas and Sheila Browne, 760 Drown Road South - Variance - Resolution • 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 PeterJ. Boyer on behalf of Sever and Sharon Peterson, 3145 North Shore Drive- Variances - Resolution * 10. #05-3120 Calvary Memorial Church, 2420 Dunwoody Avenue - Conditional Use Pemiit - Resolution 11. #05-3125 Christine Valerius, 2377 Shadywood Road - Amend Conditional Use Permit - Resolution MAYOR/COUNCIL REPORT PUBLIC SERVICE DIRECTOR’S REPORT CITY ADMINISTRATOR'S REPORT ^2. Application for Payment No. 14-Final Revised-Long Lake Fire Station, Rochon Coi])oration 13. Cingular Water Tower Lease Agreement 14. Mn/DOT Traffic Signal Agreement for the 6/12 Interchange 15. Appointment of Golf Course Seasonal Employee CITY ATTORNEY'S REPORT ♦ 16. LICENSES Special Event Pennit * 17. BILI^ UPCOMING ISSUES AND EVENTS 2005 Cv I 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, Cancelled 07/06 - Plafinine# CommiRRion Wnrlr ^ ^ REQUEST FOR COUNCIL ACTION MCCTIMr5 2005Date: June 22*___ Item No.: ^ITY Of OROno Department Approval:Administrator Approval: Name: Michael P. GafTron Agenda Section: Zoning Title: Planning Director Item Description: tl02>2840 STONEBAY - Final Plat Approvals for Residential Phases 3-4-5- 6 - Resolutions List of Exhibits A - Resolution - Final Plat Approval - Stonebay Third Addition B - Resolution - Final Plat Approval - Stonebay Fourth Addition C - Resolution - Final Plat Approval - Stonebay Fifth Addition D - Resolution - Final Plat Approval - Stonebay Sixth Addition E - City Engineer’s Comments F - Staff Memo of 5-20-05 and attachments: - Steve Johnston transmittal letter dated April 26,2005 - Overall final plat layout and individual final plat drawings - Bridge elevation view and detail - Overall site plan (from preliminary plat stage) Applicatton Status A Summary of Request: John Terrance Homes LLC is selling its interest in the remaining four residential phases of Stonebay to Ame Zachman, who will be developing these final 4 phases under a new business entity to be known as “OT Development LLC”. The current request is for final plat approval for the remaining 4 phases. The provisions and commitments established in the PUD No. 4 Agreement will remain in effect, and all parties have been advised the documents transferring those responsibilities as they relate to the residential phases of Stonebay, will have to be drafted and executed. Letters of credit for the remaining required improvements will be provided by OT Development. Landform will continue as engineers for the development. The remaining 4 phases include a total of 46 residential townhome units. The final plats and the associated plan sets incorporate site plans identical to the layouts approved in the preliminary plat which was approved in 2003. The four remaining phases are as follows: Stonebay Third Addition: 6 units (1 double 2-story TH, 2 double rambler THs) Stonebay Fourth Addition: 17 units (4 double ramblers, 3 triple ramblers) Stonebay Fifth Addition: 19 units (5 triple 2-story THs, 2 double 2-stories) Stonebay Sixth Addition: 4 units (2 double ramblers) s . mMm StMfiMy Pkaics 3^5-4 J«m22,2005 Nft2 Reoiiiitd Improvements Plans Submitted. Applicants have provided detailed plans for the required improvements (roads, sidewalks, utilities, etc.) for the flnal Stonebay phases. The City Engineer has reviewed the plans and finds them acceptable with a few minor revisions. His comments are attached as Exhibit E. Development Fees. Final development fees associated with the final 4 residential phases as established in Exhibit B of Resolution No. 4915 have been calculated as follows: SM$eb4v nMAtkOHom (6 St»0€bty Ftmrtk AddMon (l7Hnin) Stomtbtf FifikAMhhm (I9tu0ia) StOHtktf SIxHiAMUhn (4mM^ Totab Sewer Coaaectioa Fee $ 9,914. 28,089. 31,393. 6,609. Water CoaaectioB Fee $ 16,400. 46,467. 51,933. 10,933. S76.00S.S 125,733. Storm Water A Draioage Tniak Fee $ 10,301. 29,187. 32,621. 6,867. S 78,976. Park Dedkatkm Fee $ 19,500. 55,250. 61,750. 13,< S 149,500. Totab 5 56,115. 158,993. 177,697. 37,409. S 430,214. Final Plat Review. The final plats are presented to Council for final tqiproval and resolution adoption. No public hearing or Planning Commission review is required, as the preliminary plat has already been approved, and all plan details submitted appear to conform with the preliminary plat approvals. Home construction within each of these phases will be allowed once the final fees have been paid and plats filed for each phase. Home design and construction quality will remain subject to the provisions of the PUD No. 4 Agreement, and it b staffs expectation that the new developer will continue the high quality of design, materials and construction established by John Terrance Homes in Stonebay to date. Staff RccoBiMieadatioii Staff recommends adoption of the attached resolutions granting final plat approval for Stonebay Third Addition, Stonebay Fourth Addition, Stonebay Fifth Addition, and Stonebay Sixth Addition. COUNCIL ACTION REQUESTED Adoption of the attached resolutions. I i V. I A RESOLUTION APPROVING THE PLAT OF STONEBAY THIRD ADDITION > FILE #02-2840 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono (hereinafter “City Council”) has adopted subdivision and land development regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Cou..cil has considered the application by John Terrance Homes LLC, a Minnesota limited liability company (hereinafter “Owner”), and OT Development LLC, a Minnesota limited liability company (hereinafter “Developer”) for final platting and development by the Planned Unit Development process of property legally described as follows: Outlot G, STONEBAY, Hennepin County, Minnesota (hereinafter “the Property”); and WHEREAS, on January 27, 2003 the City Council adopted Resolution No. 4915 granting General Development Plan Approval and Preliminary Plat Approval for the development known as Planned Unit Development No. 4 (PUD No. 4), which approval resulted in the following: 1. Creation of Outlot G, STONEBAY for future phased development for residential uses; 2.Rezoning of Outlot G, STONEBAY to RPUD Residential Planned Unit Development District per Ordinance No. 225,2nd Series adopted May 12,2003; and 3. Establishment of conditions for development within PUD No. 4; and ' i •• WHEREAS, the Owner or its predecessor in title executed the Planned Unit Development No. 4 Agreement which set forth terms and conditions for the development of PUD No. 4 which includes Outlot G, STONEBAY, providing for the installation of certain public and private improvements, and which agreement documents the general and detailed conditions for use and development of the Property, including the future platting of the Property into Lots, Blocks and Outlets; and Page 1 of 4 !! WHEREAS, the Owner intends to transfer ownership of the Property and the associated development agreements and obligations to the Developer; and WHEREAS, the Owner and Developer have completed or have agreed to complete all other requirements of the platting regulations of the City including: 1. Completion of all platting requirements of Preliminary Plat Resolution No. 491 S. 2.Dedication on the plat of perimeter Drainage and Utility Easements as required in Resolution No. 491 S. 3.Designation and dedication on the plat of wetlands subject to City and other agency jurisdiction, and granting of the standard Flowage and Conservation Easement over said wetlands. Submittal of Minnehaha Creek Watershed District (MCWD) permit approving the grading and stormwater management facilities plan for development of the Property. 5.Payment to the City of Development Fees as enumerated in Exhibit B of Resolution No. 491S. 7.Payment to the City for the legal review and filing of the plat documents, agreements, easements and covenants in the amount of $280 plus incurred costs. 8.Payment of the Final Plat Review Fee in the amount of $250 plus incurred legal, engineering and plaiming consultant charges. 9.Provision to the City of a title opinion for the Property and certified copies of all recorded easements currently affecting the Property. iO. Provision of final copies of Master Declaration and the individual Conununity Declaration pertinent to the Phase 3 development currently being platted. Page 2 of 4 .’1 f. : ' <■ NOW, THEREFORE, BE IT RESOLVED that based on the findings of Resolution No. 4915, the City Council of the City of Orono does hereby approve the plat of STONEBAY THIRD ADDITION, Hennepin County, Minnesota subject to the following conditions: 1. Development of the Lots, Blocks and Outlets shall be in conformance with the provisions of City Council Resolution No. 4915 and the PUD No. 4 Agreement. 2. The City Clerk shall release the plat documents for filing only upon certification by the City Attorney that all requirements of the platting regulations have been satisfied, and that transfer from Owner to Developer of development obligations established in the PUD No. 4 Agreement has been satisfactorily completed. 3. The aforesaid plat shall be filed by the City of Orono with the Hennepin County Registrar of Titles Office on or before December 27,2005 together with a certified origiiud copy of this resolution and executed copies of the agreements, easements, and covenants pertinent thereto. The qqnoval granted by this Resolution shall expire if the conditions of this Resolution have not bWn met or the plat has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivision review. , Adopted by the City Council of Orono this 27th day of June, 2005. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Page3of 4 . - -i: .W'tt [T STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this___day of 2005 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 HENNEPD«' The foregoing instrument was acknowledged before me on this___day of 2005 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 4 •m . •‘'•'a '1 ^ t‘!T - r: I i { ■- r ' A RESOLUTION APPROVING THE PLAT OF STONEBAY FOURTH ADDITION - FILE #02-2840 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono (hereinafter “City Council”) has adopted subdivision and land development regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application by John Terrance Homes LLC, a Minnesota limited liability company (hereinafter “Ot^er”) and OT Development LLC, a Minnesota limited liability company (hereinafter “Developer”) for final platting into Lots, Blocks and Outlets and development by the Planned Unit Development process of property legally described as follows: Outlet A, STONEBAY SECOND ADDITION, Hennepin County, Minnesota, and Outlet B, STONEBAY THIRD ADDITION, Hennepin County, Minnesota (hereinafter “the Property”); and WHEREAS, on January 27,2003 the City Council adopted Resolution No. 4915 granting General Developme'it Plan Approval and Preliminaiy Plat Approval for the development known as Planned Unit Development No. 4 (PUD No. 4), which approval resulted in the following: 1.Creation of Outlets F and G, STONEBAY for future phased development for residential uses; 2. Rezoning of Outlets F and G, STONEBAY to RPUD Residential Planned Unit Development District per Ordinance No. 225,2nd Series adopted May 1 2,2003; and 3. Establishment of conditions for development within PUD No. 4; and Page I of 4 WHEREAS, the Owner or its predecessors in title executed the Planned Unit Development No. 4 Agreement which set forth terms and conditions for the development of PUD No. 4 which includes Outlets F and G, STONEBAY, providing for the installation of certain public and private improvements, and which agreement documents the general and detailed conditions for use and development of the Property, including the fiiture platting of the Property into Lots, Blocks and Outlets; and WHEREAS, the Owner intends to transfer ownership of the Property and the associated development agreements and obligations to the Developer; and WHEREAS, Outlets F and G, STONEBAY were subsequently replatted which resulted in the creation of OuUot A, STONEBAY SECOND ADDITION and Outlet B, STONEBAY THIRD ADDITION, each of which remains subject to the provisions of PUD No. 4 and Resolution No. 4915; and WHEREAS, the Owner and Developer have completed or have agreed to complete all other requirements of the platting regulations of the City including: 1. Completion of all platting requirements of Preliminary Plat Resolution No. 4915. 2. Dedication on the plat of perimeter Drainage and Utility Easements as required in Resolution No. 4915. 3.Designation and dedication on the plat of wetlands subject to City and other agency jurisdiction, and granting of the standard Flowage and Conservation Easement over said wetlands. 4. Submittal of Minnehaha Creek Watershed District (MCWD) permit approving the grading and stormwater management facilities plan for development of the Property. 5.Payment to the City of Development Fees as enumerated in Exhibit B of Resolution No. 4915. 7.Payment to the City for the legal review and tiling of the plat documents, agreements, easements and covenants in the amount of $280 plus incurred costs. 8. Payment of the Final Plat Review Fee in the amount of $250 plus incurred legal, engineering and planning consultant charges. Page 2 of 4 Tm r V u\ 9. Provision to the City of a title opinion for the Property and certified copies of all recorded easements currently affecting tiie Property. 10. Provision of final copies of Master Declaration and the individual Community Declaration pertinent to the Phase 4 development currently being platted. NOW» THEREFORE, BE IT RESOLVED that based on the findings of Resolution No. 4915, the City Council of the City of Orono does hereby approve the plat of STONED AY FOURTH ADDITION, Hennepin County, Minnesota subject to the following conditions: 1.Development of the Lots, Blocks and Outlots shall be in conformance with the provisions of City Council Resolution No. 4915 and the PUD No. 4 Agreement. 2.The City Clerk shall release the plat documents for filing only upon certification by the City Attorney that all requirements of the platting regulations have been satisfied, and that transfer from Owner to Developer of development obligations established in the PUD No. 4 Agreement has been satisfactorily completed. 3.The aforesaid plat shall be filed by the City of Orono with the Hennepin County Registrar of Titles Office on or before December 27,2005 together with a certified original copy of this resolution and executed copies of the agreements, easements, and covenants pertinent thereto. The approval granted by this Resolution shall expire if the conditions of this Resolution have not bwn met or the plat has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivision review. Adopted by the City Council of Orono this 27th day of June, 2005. ATTEST: Linda S. Vee, City Cleric Barbara A. Peterson, Mayor Page 3 of 4 1 I t-j: -.i ' f.’*' ■■, >5 ¥ C'. < t‘ r^;v > : N ■ ' V.•:*•.• /. ? U- i v :*■,1 STATE OF MINNESOTA COUNTY OF HENNEPIN LJ’ The foregoing instrument was acknowledged before me on this___day of 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this___day of 2005 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 4 T ............. _1 A RESOLUTION APPROVING THE PLAT OF STONEBAY FIFTH ADDITION - FILE #02-2840 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono (hereinafter “City Council”) has adopted subdivision and land development regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application by John Terrance Homes LLC, a Minnesota limited liability company (hereinafter “Owner ”) and OT Development LLC, a Minnesota limited liability company (hereinafter “Developer”) for final platting into T^ts, Blocks and Outlets and development by the Planned Unit Development process of properly legally described as follows: Outlet C, STONEBAY THIRD ADDITION, Hennepin County, Minnesota (hereinafter “the Property”); and WHEREAS, on January 27,2003 the City Council adopted Resolution No. 4915 granting General Development Plan Approval and Preliminary Plat Approval for the development known as Planned Unit Envelopment No. 4 (PUD No. 4), which approval resulted in the following; 1. Creation of Outlot O, STONEBAY for future phased development for residential uses; 2.Rezoning of Outlot G, STONEBAY to RPUD Residential Planned Unit Development District per Ordinance No. 225,2nd Series adopted May 12,2003; and 3. Establishment of conditions for development within PUD No. 4; and Page 1 of 4 i ..'.n WHEREAS) the Owner or its predecessors in title executed the Planned Unit Development No. 4 Agreement which set forth terms and conditions for the development of PUD No. 4 which includes Outlet G, STONEBAY, providing for the installation of certain public and private im|m)vements, and which agreement documents the general and detailed conditions for use and development of the Property, including the future platting of the Property into Lots, Blocks and Outlets; and WHEREAS) the Owner intends to transfer ownership of the Property and the associated development agreements and obligations to the Developer; and WHEREAS) Outlet G, STONEBAY was subsequently replatted which resulted in the creation of Outlet C, STONEBAY THIRD ADDITION, which remains subject to the provisions of PUD No. 4 and Resolution No. 4915; and WHEREAS) the Owner and Developer have completed or have agreed to complete all other requirements of the platting regulations of the City including: 1. Completion of all platting requirements of Preliminary Plat Resolution No. 4915. 2.Dedication on the plat of perimeter Drainage and Utility Easements as required in Resolution No. 4915. 3.Designation and dedication on the plat of wetlands subject to City and other agency jurisdiction, and granting of the standard Flowage and Conservation Easement over said wetlands. 4. Submittal of Miruiehaha Creek Watershed District (MCWD) permit approving the grading and stormwater management &cillties plan for development of the Property. 5.Payment to the City of Development Fees as enumerated in Exhibit B of Resolution No. 4915. 7.Payment to the City for the legal review and filing of the plat documents, agreements, easements and covenants in the amount of $280 plus incurred costs. 8. Payment of the Final Plat Review Fee in the amount of $250 plus incurred legal, engineering and planning consultant charges. Page 2 of 4 V • Provision to the City of a title opinion for the Property and certifled copies of all recorded easements currently affecting the Property. 10. Provision of final copies of Master Declaration and the individual Community Declaration pertinent to the Phase 5 development currently being platted. NOW, THEREFORE, BE IT RESOLVED that based on the fmdings of Resolution No. 4915, the Ci^ Council of the City of Orono does hereby approve the plat of STONEBAY FIFTH ADDITION, Hennepin County, Minnesota subject to the following conditions: Develojnnent of the Lots, Blocks and Outlets shall be in conformance with the provisions of City Council Resolution No. 4915 and the PUD No. 4 Agreement The City Clerk shall release the plat documents for filing only upon certification by the City Attorney that all requirements of the platting regulations have been satisfied and that transfer from Owner to Developer of development obligations established in the PUD No. 4 Agreement has been satisfactorily completed. The aforesaid plat shall be filed by the City of Orono with the Hennepin County Registrar of Titles Office on or before December 27,2005 together with a certified original copy of this resolution and executed copies of the agreements, easements, and covenants pertinent thereto. The approval granted by this Resolution shall expire if the conditions of this Resolution have not bMn met or the plat has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivision review. Adopted by the City Council of Orono this 27th day of June, 2005. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Page 3 of 4 :'h r'.i I' *# '<*-■ .■H i. — STATE OF MINNESOTA COUNTY OF HENNEPIN The fmegoing instrument was acknowledged before me on this___day of 2005Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public •V . ^ V i "i iy**" STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this___day of 2005 by Linda S. Vee, City Cleric of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public 4 Page 4 of 4 r f * I i j . ■■■ ,A. -s >*' il * A RESOLUTION approving the plat of STONEBAY SIXTH ADDITION • FILE #02-2840 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono (hereinafter “City Council”) has adopted subdivision and land development regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application by Stonebay Commercial LLC, a Minnesota limited liability company (hereinafter “Owner ”) and OT Development LLC, a Minnesota limited liability company (l^inafter “Developer”) for final platting into Lots, Blocks and Outlets and development by the Planned Unit Development process of property legally described as follows: Outlet H, STONEBAY, Hennepin County, Minnesota (hereinafter “the Property”); and WHEREA S, on January 27,2003 the City Council adopted Resolution No. 49IS gran ting General Development Plan Approval and Preliminary Plat Approval for the development known as Planned Unit Development No. 4 (PUD No. 4), which approval resulted in the following: 1 . Creation of Outlot H, STONEBAY for future phased development for residential uses; 2.Rezoning of Outlot H, STONEBAY to RPUD Residential Planned Unit Development District per Ordinance No. 225,2nd Series adopted May 12,2003; and 3. Establishment of conditions for development within PUD No. 4; atKl Page 1 of 4 ft- WHEREAS, the Owner or its predecessors in title executed the Planned Unit Develoimient No. 4 Agreement which set forth terms and conditions for the development of PUD No. 4 >^ich includes Outlot H, STONEBAY, providing for the installation of certain public and private improvements, and which agreement documents the general and detailed conditions for use and development of the Property, including the future platting of the Property into Lx)ts, Blocks and Outlots; and WHEREAS, the Owner intends to transfer ownership of the Property and the associated development agreements and obligations to the Developer; and WHEREAS, the Owner and Developer have completed or have agreed to complete all other requirements of the platting regulations of the City including: 1. Completion of all platting requirements of Preliminary Plat Resolutiun No. 4915. 2.Dedication on the plat of perimeter Drainage and Utility Easements as required in Resolution No. 4915. 3.Designation and dedication on the plat of wetlands subject to City and other agency jurisdiction, and granting of the standard Flowage and Conservation Easement over said wetlands. 4.Submittal of Minnehaha Creek Watershed District (MCWD) permit iqsproving the grading and stormwater management fecilities plan for development of the Property. 5.Payment to the City of Development Fees as enumerated in Exhibit B of Resolution No. 4915. 7.Payment to the City for the legal review and filing of the plat documents, agreements, easements and covenants in the amount of $280 plus incurred costs. 8.Payment of the Final Plat Review Fee in the amount of $250 plus incurred legal, engineering and planning consultant charges. 9.Provision to the City of a title opinion for the Property and certified copies of all recorded easements currently affecting the Property. Page 2 of 4 f . 10. Provision of final copies of Master Declaration and the individual Conununity Declaration pertinent to the Phase 6 development currently being platted. NOW,THEREFORE, BE IT RESOLVED that based on the findings of Resolution No. 4915, the City Council of the City of Orono does hereby approve the plat of STONEBAY SIXTH ADDITION, Hennepin County, Minnesota subject to the following conditions; 1.Development of the Lots, Blocks and Outlots shall be in conformance with the provisions of City Council Resolution No. 491 S and the PUD No. 4 Agreement. 2.The City Clerk shall release the plat documents for filing only upon certification by the City Attorney that all requirements of the platting regulations have been satisfied and that transfer from Owner to Developer of development obligations established in the PUD No. 4 Agreement has been satisfactorily completed. 3.The aforesaid plat shall be filed by the City of Orono with the Hennepin County Registrar of Titles Office on or before December 27,2005 together with a certified original copy of this resolution and executed copies of the agreements, easements, and covenants pertinent thereto. The approval granted by this Resolution shall expire if the conditions of this Resolution have not been met or the plat has not been filed by the date specified above. In that event, it will be necessary to file a new rqiplication with the City of Orono for subdivision review. Adopted by the City Council of Orono this 27th day of June, 2005. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Page 3 of 4 -—^M, 1 1. v': STATE OF MINNESOTA COUNTY OF HENNEPIN The forcing instrument was acknowledged before me on this___day of 200S by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this___day of 200S by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was e^Tcuted on behalf of the City. Notary Public Page 4 of 4 Ill iVIfii Hi '■ - ’ i . i • ^ ' I'' i ■ • ! li.- Bonestroo sM Rosene Afxlerli(& Associates Engineers & Architects 2335 VWest Highway 36 • St. Paul. MN 55113 Office. 651-636-4600 • Fax; 65I-636 I3II www.bonestroo.com June 17.200S Mr. Mike Gaf&on Planning Director CityofOrono Post Office Box 66 Ciystal Bay. MN 5S323 Stonebay Phase II FileNo.000139-0S00(M) Plat No. 02-2789 Dear Mike: We have reviewed die plans and plat dated 3-30-0S for Stonebay development. Phase II. The site is located in the northwest quadrant of the intersection of Willow Drive and T.H. 12. The plans and plat generally conform to the previously approved overall plan set and are generally acceptable. We recommend the following minor revisions to the plans with regards to engineering matters: Sanitary Sewer: • Thesteel 12-inch sanitary sewer casing shown on Sheet C4.0S should be revised to a minimum size of 18-inches. Bridge Plaas: • The applicant should conduct a soil investigation to verify the existing conditions, prepare a report of recommendations and coordinate the information with the bridge engineer if this has not already been completed. • The bridge should be d«igned for a live load HS2S if the designers are using AASHTO Standard Specifications 17*^ Edition or HL-93 if AASHTO LRFD Specifications are used. • Final bridge plans should be prepared and sealed by a Professional Engineer licensed in the Suite of Minnesota and those plans submitted to the city for final review and commenL • The plans should include railings on top of the wing walls. Please contact me at (651) 604-4863 if you have any questions regarding this matter. Yours very truly. BONESTROO. ROSENE. ANDERLDC & ASSOCIATES. INC. /O^ Tom Kellogg6^ Cc: GregGappa,CityofOrono St. Paul. St. Cloud, Rochester, MN • Milwaukee, Wl • Chicago. IL Alflnxrth* Ow«#a ■- ) •sr. • *».'•*• 1 ' f '. ■ » • * i* < , " 2 . \ * \ } %■m.'W INFORMATION ONLY - NO ACTION REQUIRED To:Mayor and Council Ron Moorse, City Administrator From: Date: Mike Gaf&on, Planning Dircctoi^^j/'^^ May 20,2005 Subject: Stonebay - Final Plat Approval for Final Phases June 13 Attached are the draft Final Plat drawings for Stonebay 3'**, 4‘**, 5"’ and 6"* Additions, which incorporate all the remaining phases of the Stonebay development. Council will recall that the overall plan and layout was approved with the preliminary plat, but only the first phase of 2- story and ramblers in the east half of the site was final platted. The remainder has been divided into four separate additions for final platting now, to allow the developer to move forward. Most of the lots in the first phase have homes under construction or are spoken for. Preliminary staff review indicates that the final plats and the associated plan sets incorporate site plans identical to the layouts approved in the preliminary plat. The four remaining phases are as follows: Stonebay 3”* Addition: 6 units (1 double 2-story TH, 2 double rambler THs) Stonebay A*** Addition: 17 units (4 double ramblers, 3 triple ramblers) Stonebay S'** Addition: 19 units (5 triple 2-story THs, 2 double 2-stories) Stonebay 6"* Addition: 4 units (2 double ramblers) Also attached is the draft design for the small bridge over the wetland just northwest of the central circle drive. The bridge will be precast with a cast stone face look, colored gray to match the granite stonework throughout the site. The final plats will be presented to Council for final approval and resolution adoption on June 13. No public hearing or Planning Commission review is required, as the preliminary plat has already been approved, and all plan details submitted appear to conform with the preliminary plat approvals. Home construction within each of these phases will be allowed once the final fees have been paid and plats filed for each phase. This is brought to Council for infoimation purposes only at this time. However, if Council has any questions or issues regarding Stonebay that need discussion or further information, please advise staff as soon as possible to expedite final approvals at the June 13 meeting. Attachments - Steve Johnston transmittal letter dated April 26,2005 - Overall final plat layout and individual final plat drawings - Bridge elevation view and detail • Overall site plan (from preliminary plat stage) 5 * r t ____ w April 26, 2005 LANDFOFM Mike Gaffron City of Orono 2750 Kelley Parkway Orono. MN 55356 RE: StoneBay 3"*, 4®’, 5*’ and 6"* Additions Dear Mike, Attached you will find final plats and plans for the 2^ phase of StoneBay. This phase has been broken up Into four plats to meet market conditions. The 3”* addition represents the 6 lots that are buildable without any additional Infrastructure. The 4'*' addition contains the rambler lots along Bridgewater Drive. The 5*^ addition is the remaining two stories and the 6"' addition is the four lots that access Willow Drive. By splitting these into separate plats the developer has the ability to qu>ckiy react to market conditions without bringing any extra lots on line. The construction plans have been relabeled to match the plats and reflect work that has been completed, but othen«vise generally match the plans previously approved by the City and it's consultants. We did slightly modify the alignment of Bridgewater Drive to address Tom Kellogg's concerns with the tight radius at the south end of the bridge. The landscape plan has not been modified and therefore is not included in this package. We have included plans for a bridge over the wetland as required by the watershed. Per our earlier discussion we are assuming that this application will be reviewed by staff and then sent on to the City Council, by passing the public hearing process. If you need any further information, feel free to contact me. Sincerely. LANDFORM* Steven n. Johnston, PE Principal Engineer COPY: John Torrance Homes, LLC ENCL: Final Plat and Plans for StoneBay 3"*. 4*. 5** and e** Additions €90 tVnER NOfITM OUllOtNO 910 FIMf AVCMUf NOOTN MINMCAPOU9. MN 5S403 ___________________ __________________________________OfPICf: 613.292.1070 FAX: 612.292.9077 www.lifNtform.nit 7^7 ' > . Miofcmm STOCBAYrvow» __^ CL*, vK/ . . Vf . ' .r S?^.:QT'.: • :'■ B r ^ *' * ' : i ' - ..' :"■ ...r jL' %• ■'•.' ' 1 ', ■ i':' 'I' : ■•'. :•: '•• ■.X/:' I.r‘. v ■■•'4 ' '^VVVf A': r.V /- ■ :>-v- A-\- •■./V::r, . i a- ■■ •:-■ * ,i V-;> " :' ;\ ;>vv.:.. fv •v‘^'‘ •• '• '•> irv.. TT^ ■;^v '■ i>v: • ■’ . 1 STONEBAY THIRD ADDITTON CR CXDC. NO. KMNr AU.mr HICK 1M ute Thimiii ux. • AMNn.MWManrA ^ m> rfiniJWtAAY IHKII4UBWIMX mm np»ui >T *« 0» •f C^Mt •€ mt m ti UM « • mftlm mm^ •mmi MM Ml________Mr iT_________________ »._. •»7W« MM «f M MWO I 1 ■■>■ ■ » MmMJMMU .UC.rM CJI% CUMUkOr tmloi^ w cwoh ^ Mm mmm m M M M Jowl f Mumv MIMDI. UC • M .aOMI T jot Am Mmxn MrA«ni»A. nmm<b cmmi. mmmm I Mr MM MM MMi li _______mM mM ««■ Mm Mm fM ftr Mii MMMMM « Mi |«M fiM a C Mi M ■TATiaM OMTvn-or TM iM»4« -------.*SrT:—!L. jrr ■ifc Mi M>«# MMUM IIMM MM |M Ml Mm,sm MM . 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NO. . » * > V-I I '"' ■ ■■ ’. V r *■ I I • arfe!iaiffiat w 1 : % V: pi^ '^L\'^ ^ ei A; U A ^^ Date AppIkatioN Received: I2>I7*03 Date Appileatioa Coashkred as Complete: l-S-Od (for variance); 5-9-05 (for CUP) 60-Day Review Period Eipirci: 7-8-05 REQUEST FOR COUNCIL ACTION MCCTIMG JUN 2 7 2005 CITY OF ORONO Date: June 23,2005 Item No. Department Approval: Name: Janice Gundlach^ Title: City Planner Administrator Approval:Agenda Section: Zoning Item Description: IK)4-2969, Terry & Gretchen Blount, 1390 Cherry Place - CUP - Resolution Zoning District: Lot Area: Lot Width: LR- IB, One Family Lakeshore Residential District (I acre minimum) 0.527 acres (22,957 s.f.) 100 feet (140’ i mired) List of Exhibits A - Resolution per Planning Commission Recommendation B - PC Action Notice dated 6-21-05 C - PC Memo and Exhibits of 6-15-05 AppUcation Summary: Applicant requests a conditional use permit to allow land alterations within 75* of the OHWL of Lake Minnetonka. The proposal includes removal of the existing railroad tie retaining wall and replacement with two tienKl 4* high boulder retaining walls anj a planting plan. Planning Commissiop k icommendation The Plaiming Commissio i voted 6-0 on consent to approve the plans as submitted. Staff Recommendation Approval per the attached Resolution. COUNCIL ACTION REQUESTED Adopt the attached Resolution granting a conditional use permit for 1390 Cherry Place. ^ '‘WTCS'^fe* : ’ A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 78-966 (A) FILE NO. 04-2969 WHEREAS, Terry J. Blount and Gretchen Blount, husband and wife (hereinafter *1he applicants”) are the owners of the property located at 1390 Cherry Place within the City of Orono (hereinafter the “Cit. ”) and legally described as follows: That part of Government Lots 4 and 5, Section 8, Township 117 North, Range 23 West of the S"* Principal Meridian, described as follows: Beginning at the Southwest comer of Lot 7, Block 11, Saga Hill Rivised; thence East along the South line of said Lot 7 to the shore of North Am, Lake Minnetonka; thence southerly along the shore of Lake Minnetonka 57.0 feet, more or less to the Northeast comer of Lot 1, Block 4, “Crystal Bay View”; thence West along the North line of said Lot 1 to the Northwest comer of said Lot 1; thence northerly to the place of beginning; AND ALSO Lot 7, Block 11, Saga Hill Revised. (hereinafter the “property”); and WHEREAS, the applicants have made application to the City of Orono for a conditional use permit per Orono Municipal Zoning Code Section 78-966 (A) to permit land alterstions within 75 ’ of the OHWL of Lake Minnetonka consisting of replacement of the existing railroad tie retaining wall with two, 4* tall boulder walls and a planting plan. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. 2. This application was reviewed as Zoning File 04-2%9. The property is located in the LR - IB, One Family Lake.shore Residential District which requires a minimum lot area of 1.0 acres and a minimum lot width of 140* at tte shoreline and 75* setback. Page 1 of 5 5. 3. The Planning Commission reviewed this application at a public hearing held on June 20, 2005 and recommended approval of the conditional use permit request based on the following findings: a. The existing railroad tie retaining wall is in need of repair. b. The City Engineer has reviewed and approved the proposed wall replacement and planting plan. c. No negative impacts will result when viewed from the lake. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed conditional use permit on the health, safety and welfare of the community. 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 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 qjplicants; and would be in keeping with the spirit and intent of the ^ning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit per Orono Municipal Zoning Code Section 78-966 (A) to permit land alterations within 75* of the OHWL of Lake Minnetonka consisting of replacement of the existing railroad tie retaining wall with two, 4* tall boulder walls and a planting plan, 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 Page 2 of 5 rr.\ ■'y amendments to the site plan which are not in conformity with City codes will require further Planning ^mmission and City Council review. 2. Applicant shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. 3. Authorities granted by this resolution run with the property not with the ai^licants, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the conditional use permit will expire on that date (June 27,2006). 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 agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City CouiKil on the 27*'' day of June, 2005. ATTEST; Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Ownetfs) ■■ * iXhMwm Page 3 ofS 1 --V The foregoing instrument was acknowledged before me on this _ day of f 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of __, 2005 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public . / -‘'y 4.’-s ^ 4 ‘*1mmm ■ Mmm :’«V'rm ! , • • «• • •. r - «■ ... Y-V Page 4 of5 - 1 STATE OF MINNESOTA COUNTY OF HENNEPIN STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this__day of by Terry J. Blount, husband of Gretchen Blount, husband and wife. ,2005 Notary Public This instrument was acknowledged before me this__day of by Gretchen Blount, wife of Terry J. 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CilOCa^ ,, OiLf ft'i^itX'AT ............................................ -7-JAP. TAUHTPH Y&v U^^IMGOHJW^^XRU________ ^ ■7-MLAHi.YA^ B^aML 9»a. 9-PULJM|P»iAIXIA i^rPttAMqYLATac£ « SlHi ^ ••'• OCM^ s-pwyr > pcm mraCiwmuu V^r^-/ »M.TUUi4TlNC Umta ' RCL,±)IPC.NCC. fe* • rt -•f.. &XWWT A I jLandmark ANDSCAPE DESIGNS. INC. TmmjutamBtmuBcmanionMrrof tMUmUKANDMArU USBDOHLt BYnUtMOSiOK fVmXAUUUQVmD TO OBTAIN nMMiSSim L^VHqoAkC, W'z. ■ • i'' . 8 ’0"- CULV.-952 f ^rrAMuc UMPIATURBCP 4 ■ -o*;...... U-C.V.-9>^ CCAUIMULCU C.LC.V-9-14 e>^ULPC.I2. \N/AI_L i»E.Cri^NAA uLANDMAJUC ANDSCAPa OESKINS. INC. E>LZ7UNT l2.E^IPC.Nl(rE. 0-90 CUCJBJB.X Pt-ACC. M^NP. MN 552^ DMumair. Mark A, ANbrBy ' * 5.6l2<X>5 “"S5T.i6p^■xuy^-r cuwniHa* ^ 9524T17»26 «04-2969 Jane 20,2005 Page I ofi Date Application Received: 12* 17-03 Date Application ConiWered a» Complete: I -8-04 (for variance): 5-9-05 (for CUP) 60-Day Review Period Espires: Applicant extended the 60-day review period indefinitely as it specifically relates to the CUP for 0-75' land alterations. The purpose of this was to find a landscaper who could draft plans the City Engineer would accept. A resolution has already been approved regarding the variance. To:Chair Rahn and Planning Commission Members Ron Moorse, City Administrator From: Date: Janice Gundlach, City Planner^ June IS, 2005 Subject:04-2969, Terry A Gretchen Blount, 1390 Cherry Place Conditional Use Permit - 0-7S’ Land Alterations, Public Hearing Zoniog District: Lot Area: Ut Width: LR - 1B, One Family Lakesucre Residential District (1 acre min.) 0.527 acres (22,957 s.f.) 100 feet (140 ’ required) AppUcatioH Summary: Applicant requests a conditional use permit to allow land alterations within 75’ of the OHWL of Lake Minnetonka. The proposal includes removal of the existing railroad tie retaining wall and replacement with two tiered 4 ’ high boulder retaining walls and a planting plan. St^ff Recommendation: Staff recommends approval of the plan as submitted in accordance with the City Engineer recommendation._____________________ Pertinent Zoning Ordinance Sections Sec. 78-966. Prohibition, (a) It is unlawful for any person to perform or have performed the following land alteration activities without a conditional use permit issued by the council: (1) Remove, fill, use for fill, dredge, store or excavate rock, sand, gravel, dirt or similar earth material within the limits of the city. (2) Fill or reclaim any land by depositing such material or by grading of existing land to elevate or alter the existing natural grade. (3) Build, alter or repair any seawall or retaining wall, or otherwise change the grade or shore of lakeshore property. (b) All land alterations involving filling and grading shall be performed only with clean fill as defined in section 78-1. Granting of such permits is subject to other regulations and prohibitions of this Code and other {qjplicable statutes or ordinances of other governmental bodies. (Code 1984, § 10.03(19); Ord. No. 163 2nd series, § 1,12-8-1997) List of ExUbits Exhibit A - Application Exhibit B - Survey i MM-2969 June 20,2005 Pigc2or3 Exhibit C - Review Period Extension Letter Exhibit D - Proposed 0-75’ Site Plan Exhibit E - Proposed Cross Section Exhibit F - City Engineer Letter dated May 25,2005 Exhibit 0 - Property Owners List Exhibit H - Plat Map BackgroiiBd The applicant appeared before the Planning Commission several times in early 2004 seeking a hardcover variance for the 75’-250* zone. The initial application made included a conditional use permit for land alterations with the 0-75’ zone. Throughout the review the applicant was unable to obtain a landscaper and/or engineer who could draft the necessary plans for review by the City Engineer. Rather than hold up the hardcover variance approval, and ultimately a full remodel of the applicant’s home, the applicant chose to extend the 60-day review period indefinitely for the CUP portion of the q)plication. The applicant has received a temporary Certificate of Occupancy and a final is expected once final grading has occurred, following approval and implementation of the proposed plans for the CUP. CoaditioBal Use Permit ABalysis The City Engineer has reviewed and approved the proposed plans. Zoning Ordinance Section 78-1250 (1) establishes the following evaluation criteria for conditional uses within the Shoreland Overlay District; Evaluation criteria. A thorough evaluation of the water body and the topographic, vegetation and soils conditions on the site must be made to ensure: The prevention of soil erosion or the possible pollution of public waters, both during and after construction; The plans submitted indicate the erosion control methods proposed The City Engineer has required that prior to any site work the erosion control measures should be installed and inspected. b.The visibility of structures and other facilities as viewed from public waters is limited; Currently, a single railroad tie retaining wall exists which runs perpendicular to the shoreline. This wall will be replaced with two four foot boulder wall, also running perpendicular to the shoreline. These walls are necessary due to the drastic changes in grade from the high side of the wall to the low .side. The negative visual impacts as viewed from the water are minimized as the walls will run perpendicular to the shoreline and a planting plan is proposed which will screen the walls. c. The site is adequate for water supply and on-site sewage treatment; li M04-2969 Pat*3of3 The site has a ptivale well and City sewer. The types, uses and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely acconunodate these watercraft. The types, uses and number of watercraft the project will generate will not be increased from what currently exists, which is residential use only. Baaed on the City Engineer report attached as Exhibit F, including the conunents from the registered Landscape ArcMtect at Bonestroo, staff finds the plans proposed meet all reouirements established within the Zoning Ordinance. Isaacs for Conskicnitioii 1. Are there any other issues or concerns with this ai^lication? Staff ReeonmcBdatioB ApfMoval of the request as submitted. . ; : \ - f 'Li, ‘•X-r Km V''-. v-fi Mmi m..* wmaBI I'-o . ^-.riSiSj^sari -I hi^mm k ‘- EXHIBIT A AppUcatkm # Date Received" *^/ Amount Paid CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION_ At Site Address ! CX^OCYv^ • Type of Application to be Filed Property Identification Number (P.I.D.) f/-77^ D '3^ OOZ-^ APPLICPLICAI^ /I/. , r. ^ Phone (home) Nam e 1^Wl| A •> IH. O Uunl phone (wo^) i-feg/ Address Al. (rUiA^ Avt City'~jLc<x/ f^j u6\T«(^ (lo Zip Phone (home) 7-f ? f I OAl OWNER (if different than applicant) Name Phone (home). Phone (work)_ Address City Zip. Date Property Acquired Zo/f/(month/year) I (do) (do not) also own the adjacent parcels of land. FEES - CONDITIONAL USE PERMITS - _____S 75.00 For each variance request with CUP application _____S250.00 Residential Accessory Use _____$250.00 Institutional (church, school, etc.) _____$250.00 Guest House/Guest Apartments _____$250.00 Duplex Credit/Bldg $325.00 Commercial/Industrial Use )C $250.00 Land Alteration ____ Grading and filling - designated wetland or floodplain Grading and filling - 501 cu. yd. or more ^ Grading, seawall, retaining walls within 75 ’ of lakeshore PRD/PID - see Fee Schedule $150.00 Renewal Fee (no change from original application) After-the-Fact Fee - Double Current Application Fee OTHER APPLICATIONS _____$275.00 Commercial Site Plan Review (+ consultant fees) _____$300.00 Vacation _____$250.00 Easement Vacation _____$100.00 Easement Vacation With Subdivision $350.00 Rezoning (PUD • refer to fee schedule) S375.00 Comprehensive Plan Amendment 5100.00 Appeals Other • see Fee Schedule #2969 y 1 !•; » , i!^ I I I U ir REQUIRED SUBMITTALS 1. 2. 3. 4. , 5. 6. r 7. 8. 9. _ * Completed Application Form. Describe request in detail. Certified Pi^rty Owners List of owners within 350', labels and plat map (>x>u must obtain this list, labels and map fiom Hennepin County Department of Finance A-603, Government Center, 348-3271). Certificate of Survey (signed by a licensed surveyor) - refer to handout for surv ey information. Attach legal description to application if not included on required survey. Topographic survey (existing and proposed contours ) if land alterations involve changes in elevation (grades^ ^ ' List of the legal namra (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current o\\ ner(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 30 COPIES OF LARGE DOCUMENTS OR COPY FOR REPRODUCTION (11" X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require to scale drawings of all documents, plans, etc. to be submitted.) The Applicant and Property Owner must sign this application. Please remember that >-our apphcation 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:_____________________ APPLICANT'S SIGNATURE applicant hereby agrees to provide all information required or requested by the Zoning Adrnuustrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual exj^es meurred in review of this application, and certifies that the infonnation supplied IS true and correct to the best of his/her ^knowledge. )hn.t. I/-05-Applicant's signatui^^ OWNER'S SIGNA’ The owner hereby acknt^ledga and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for puiposes of investigation and verification of this request. Owner's signature Date ApplK.ni must have .11 submitttb laio the City offices 25 days before the PUnning Commission Meedna tTiL ^ ^ teW on the third Monday of each month. AppUc.nO must be prrsenraT aU "T . ““ ConrtuiM mi Council, If u is u-bl. . ,^IU«. iu h.« „ ,p„, .M„dL you, pbcc Ond ItSTiteBuildiflf A Zoning Office of this ebange prior to the meeting. / f aovue me .. : • • i* * ’ •** V . t - A'"CjI'fR J 1C COM or '>-LOT 1. wum ♦. -WrSTAI. lAY Vtw That part of Govcrnrmnt Lots 4 and 5, Section 6, Township 117 North, Range 23 West of the 5th Principal Mer described os follows: Beginning at the Southwest corner of Lot 7, Block 11, Sogo Hill Revised: thence East < the South line of sold Lot 7 to the shore of North Arm. Lake Minnetonka; thence southerly along the shore o Minnetonka 57.0 feet, nrpre or less to the Northeast corner of Lot 1, Block 4, *Xrystol Boy View”; thence Wet the North line of said Lot 1 to the Northwest corner of sold Lot 1; thence northerly to the place of beginn AM) ALSO Lot 7. Block 11, Soga Hill Revised. o : denotes iron marker (SOSJ): denotes existing spot elevation, meon sea level dotvm 917. . .: denotes existing contour line, meon sea level datum rfHyMfa I I? • T June 30» 2004 .'.• ' • ■■ ••■•, it . • '^/// Janice Oundlach CHy Planner CityofOrono POB0X66 Ciyital Bay, MN SS323-I % % RE: Conditional Use Petmit request to replace the existing railroad de retaining wall with a boulder outcrop. Dear Janice: I^d like to extend the review period indefinitely for my CUP request until all the details can be examined and concluded. If you have any questkxis, please contact me. ^'fiincerely, tTcCijCyr^ 11 Oretchen Blount Teny Blount 20s N. Pine Ave. Thief River Falls, MN S6701 (218) 6S1.25S0 I LAI4^ ••(••••••••••>•■•■•.•••«. ..........-...... OtPCK AaOA ........................................................................^liLTroicc. unm. .d^mp ............................. ! ..........*------------ •••••••,......... I I .......— %/aPVQD^kOSA I *”***■*■*••••• ....... >••••••••••••»•••I •••••••••••«••••••• I •• ------------------------------------- .............-.................................. ............................... — — ........... ! ..................................... ............. I I ***•♦ I I ......... *•.......... .......... ........ ................. I I (Sf 1 •- /r jAUtn^ YLV .................................. ’•••• ••■■•••••••*•««•«•«•••• /?Naa .HJCa#4 UQlT^ AZALCA I ^ r•/rr.vv iJCHOiCAA’PLUM PUOO»4C mulpcawaio ^.TWip rpuo. rr utcu Tuiucu .fJIMUCeCAJMP. ---------- XK'I TAunrpM h—U^IMuanfbjbAciiuu;________990 -7 ’**LAox.rvALV ao^ I J cMdT. (;a4te. UL'ANOMAUK 'ANDSCATBOen fLANDMARK E* ANDSCAPE DESIGNS. INC. THaHANaimmnLLMmuLnotarTYortMmuAMAmMAfKtaaoNirEfnmtmtmmKMAMauQUimmogTAmpmawm 8 'O'- CULS/.-992. 4 ' -O’’mmf"P' c .u :.v:-9-4s c&numuLoi uNn«uuc0«M.» C.L.L.V-9^ B»t7UI_PCJ2. W/Al-L. .±»C jCTI^NAA ■”"* e»l^u Nt r.c ^ipc .mcc . 090 CUCJ2J2.Y PUWX. MN 55S64 w ***T3Gif^ A. Aw^bray "^•®20»33 5.6^2009 “-Tgssr46o.6o9a - r ‘“"q»S47l7926 «K10. 1^,'. ■ 'lU .-,.- J/U Bonestroo AnderlMcA |\|| Associates Engineers & Architects May2S,200S Ms. Janice Gundlach Planner City of Orono Post Office Box 66 Ciystal Bay. MN SS323 Re: 1390 Cherry Place File No. 000139-030004) Plat No. 04-2969 Dear Janice: 2335 Ufest Highway 36 • St Paul, MN 55113 Office; 65l*6?6-4600 • Fax: 65I-636-I3II wwwJbonestroo.com We have reviewed the site plans for the retaining wall replacement and associated landscaping for the lake side yard at 1390 Cherry Place. The proposed improvements include removing an existing timber retaining wall and replacing it with two 4-foot tall boulder walls. We have the following comments with regards to enginerring matters: • The proposed improvements appear to be acceptable fiom an engineering perspective. We have attached comments from Sherri Buss at this office regarding the proposed plantings. • All erosion and sediment control measures should be installed, inspected and a|. proved by the city prior to any work on site. If you have any questions plMse call me at (631) 604-4863. Yours very truly, BONESTROO. ROSENB. ANDERLOC A ASSOCIATES. INC. Tom Kellogg Attachment Cc: Greg Gappa, City of Orono St. Paul. St. Cloud, Rochester, MN • Milwaukee, VPI • CNcago, IL Afftri—IKw Atiigi -t & I .. .■ A' ^ I Bonestrod “^Rosene Andei1ik& Associates E^neers & Architects ■onMboe, RaMM, An««f4lli /UmcMm. bw. it M AninnatlM Ae«lon/E«Ml ORROrtiMNjr EiDAtoytr M»d Ein^leyM Oamtd rHnelptlt: OOo O. iNtMlrae, P.E. • MMVin L Sonalt. P.E. • OlMin R. Cook. P.E. • Robort 0. SdMOiehl. P.E. • Jury A. Bourton, P.E. • Moik A. Honton, P.E Sonlor CoMoRoNla: Robort W. Rooana, P.E. • Jotaph C. AndofMt, P.E. • RlebtiB E. Tumor, P.E. • 8««an M. Ebatin, C.PA AaooeMoPrfneibOlt: KaMiA.Oorbon,P.E.>RobartR.PMMo,P.E.«RldiaidW.Foalor. P.E. • DavM O. Loatata, P.E.. • bVebaal T. Raubnami, P.E. • Tab K. PlaW, P.E. • KannaUt P. Andanon, P.E. • Maifc R. Kolb, P.B. • OauW A. Rontaboo. M.B.A. • Bkbiay P. WNamton, P.E., LB. • Agnaa M. Rbig, M.B A • AImi Rich Scbmtdl. P.E. • Thomat W. Patarion, PE. • Jamaa R. MaM. P.E. • MBta B. Jantan. P.E. • L PbBb Cbaual W. P.E. • OanM J. Edgarton, P.E. • laiiiaa iMartbia i.PE.»TtiomaaA.8ifike.P.E.«a haldonJ.Jebwon«DalaA.Om»a.P.E.« Tbomaa A Reuabar, P£. •Robort A Oataiy. P.E. Ofllaaa: 8LPa«d,aiCleud.RodiatlaraiidWMmar,MN<Mi«aidiaa.WI>CMcago,IL WatoNai May 24,2004 Tom Kellogg, P.E., Bonestroo A Associates Sherri Buss, RLA, Bonestroo A Associates Plat«04-2969,1390 Chcny Place I have r^ew^ Ae landscape plan and planting pn^sed for this residence. The plantings proposed are hardy, attractive, and qrpiopriate for diis site. No problems or concerns were identified. 3 1 • vV-- A •■ -'vi i$U WtHHIghmar M • St ^ul, MAT MffJ • §81-§39-4§00 • Fm: Jf I , -V .--TB UNDATE:II/I2a»3 31 0111723320001 ^DDR 1315 CIIP.RRYPL RNAMC TOBATES A DEBATES IYER TIMOTHY B A DIANE E BATES /ADDR 1315 CHERRY PL MOUND MN 55364 38 0811723320022 ADDR 1370 CHERRY PL JRNAME TONAFSTAOETAL \YER TOCMNAFSTAD /ADDR 1370 CHERRY PL MOUND MN 55364 38 0811723330012 ADDR 1400 CHERRY PL :rname gazulkamtzuuc \YER GENEAAMARYT2UUC 7ADDR 1400 CHERRY PL MOUND MN 55364 38 0811723330081 ADDR 1410 CHERRY PL •RNAME TO WILBUR A AT WILBUR <YER THOMAS O A ANNE T WILBUR 7ADDR 1410 CHERRY PL MOUND MN 55364 e» ..3. HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST PAGE: I 38 0811723320002 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME HENNEPIN FORFEITED LAND TAXPAYER CITYOFORONO NAME/ADDR POBOX66 CRYSTAL DAY MN 55323 38 0811723320021 PROP ADDR 1360 CHERRY PL OWNER NAME WILLIAM C SINCLAIR TAXPAYER WILUAM C SINCLAIR NAME/ADDR 1360 CHERRY PLACE MOUND MN SS364 38 0811723320023 PROP ADDR 1390 CHERRY PL OWNER NAME TAG BLOUNT TAXPAYER terry J BLOUNT NAME/ADDR 1390 CHERRY PL MOUND MN 55364 38 0811723320025 PROP ADDR 1380 NORTH ARM DR OWNERNAME S DSANDBERG AC B SANDBERG TAXPAYER SCOTT D SANDBERG NAME/ADDR 1380 NORTH ARM DR MOUND MN 55364 38 0811723330015 PROP ADDR 1430 CHERRY PL OWNER NAME GLENN D SOUE TAXPAYER GLENN D SOUE NAME/ADDR 1430 CHERRY PL MOUND MN 55364 38 0811723330021 PROP ADDR 1415 CHERRY PL OWNERNAME E A SCHMIDT AC A SCHMIDT TAXPAYER E ALLEN SCHMIDT NAME/ADDR 1415 CHERRY PLS MOUND MN 55364 I CERTIFY THATTHE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARSTHIS DATE ONTHE Rl OFTHE HENNEPIN COUNTY TAXPAYER SERVICES DEPARTMBfL TO THE B| OF MY KNOWLEDGE AND BEUEF. DATE BY <• »•' . X h -‘i Hi^nnrpin .i- Hennepin County ' : V? .>• r. ^ ^ Vf' •2 ,Taxpayer Services Dep^ngM^^ - .•^*7, ; /'•'.C -; • * f53; » (25/4 '< aUJa ,« ^4;is I ■■"'JiJai 82 200 8 1 1 »» ' (73;___ 8 -----“W 00 200 8|5 r. (72) 8l o 1 200 88 200 8 87 cc' N 200 /-NT"^‘ (71) 8 oo 200 «• 200 8 1 ^ 84 fi Q raw 0flr }0 615 .JSffiLL. 8 8 237.5 * « 230.0 234.5 §8 »• laCfPL 8 < . ;.4»2i (23) « I <Oi ^i (81) 3(22) « 0^ 8 «J7M -I ^ ' (23; 'isfiia so 8 8 •(24) /a| «g4.77 ■> -mm Q Parcel Information Parcmt ID 0811723320023 NouM Number 1390 8tro«t Hmme CHEIUtY PL •. • / ThlM 1$ not a l9g^ noofdtd mtfi. H/apnaantaacomfilMcnaUnkinmllon ana data tItmtOly. County, and Stata road auHhoriaaa and athoraouKoa. CQ f . T 0^1 »*CCTIMr5 Date Applkatutn Received: 2-23-OS Date Applkatioa Coaeidered as Complete: 4-8-OS 120-Day Review Period Expires: 8-O-OS JUN Z 7 2005 CUT UI-OHONO REQUEST FOR COUNCIL ACTION Date: June 23,2005 5*Item No a Department Approval:Administrator Approval: Name: Janice Gundlach^ Title: City Planner Agenda Section: Zoning Item Description: #05-3097, Hashem Abukhadra on behalf of Suad Azhari & Omar Abukhadra, 1745 Fox Street - Preliminary Plat 2iOning District: Lot Area: Lot Width: RJl- IB, One Family Rural Residential District (2 acre minimum) Includes 3 separate parcels: Parcel 1 - PID 0311723430001 : 19.834 acres, No address assigned Parcel 2 - PID 0311723440002:23 acres, 1745 Fox Street Parcel 3 - PID 1011723110001: 13.98 acres. No address assigned Combined 1,444 ’ at Fox Street List of Exhibits A - PC Action Notice 6-21 -05 B - PC Memo and Exhibits of 6-16-05 C - PC Memo and Exhibit of 4-14-05 A/^iicotion Summary: The applicant is requesting preliminary plat approval in order to create 6 lots on one block including construction of a private road. The property is abutting Long Lake Creek which leads to Tanager Lake and eventually Lake Minnetoitka, placing the property in the Shoreland Overlay District. One house and guest house currently exist on the property. Planning Commission Recommendation The Planning Commission reviewed this application initially at their Ap;il 18, 2005 meeting and tabled it to allow for a full engineering and septic review. The Planning Commission again reviewed the plat at the June 20,2005 and an approval reconunendation was made that included the following stipulations: 1 . The existing accesses onto Fox Street be eliminated at the time the new road is completed, 2. Proposed Lot 6 be considered a back-lot for zoning purposes, 3. The top of bluff and 30 ’ setback be corrected on the final plat plans. f 1 4. Front and side street setback variances will be granted to allow the guest house to remain in its current location until the time the existing main house is demolished and the lot is redeveloped (but the guest house driveway must be removed from Fox Street at the time the new road is completed), 5. The final plat plans implement the remaining City Engineer recommendations noted on the letter dated May 26,2005 The Planning Commission briefly discussed how and if this plat might be affected by the conclusions that arise out of the Rural Oasis Study. The Planning Commission determined that the plat was submitted to the City prior to any conclusions resulting from the study and that the Council would address the issue if they so desired. Staff Recommeadation Staffs recommendation is noted above, stipulations Ul - U5. The Council may want to discuss the issues noted below and direct staff to draft a preliminary plat resolution accordingly: 1. Guest house: The Planning Commission recommended that the guest house be allowed to remain until the time the existing main house is demolished and the lot is redeveloped. The issue with the guest house is that if Lx)t 6 is considered a back-lot for zoning purposes (discussed in #2 below), a front yard setback and side street setback variance need to be granted in order for it to remain in its current location. City policy has been that at the time of platting, all existing non-conformities must be eliminated. 2. Lot 6 as a back-lot: In an effort to eliminate as many accesses onto Fox Street and to allow the existing house to use the existing driveway, proposed Lot 6 has been suggested to be considered a back-lot. The preliminary plat shows a 30’ outlot for access off the proposed road for the existing driveway. The lot meets the 1 50% area requirement and the existing house meets the 150% setback requirements. The Planning Commission has determined that it should be considered a back-lot in accordance with staffs recommendation. The Council may want to discuss the ramifications of this. 3. Elimination of the existing accesses onto Fox Street: The applicant has expressed his desire to keep the existing access onto Fox Street for the guest house. The Planning Commission and staff have recommended that it and the existing driveway access at the western end of the site be eliminated at the time the new road is completed. This is a consistent recommendation for all properties being platted and due to the traffic and speeds that this portion of Fox Street experiences, staff would recommend the Council require that the access for the guest house be removed. The City Engineer has verified that the guest house could re-configure its driveway off the existing main house driveway. It should be noted that some trees may need to be removed to accomplish this, wliich brings back the question of whether or not the non-conforming guest house should be allowed to remain. 4. Septic sites for proposed Lot 6: Lot 6 contains the main house and a guest house. The code then requires four, 5-bedroom septic sites. Tlie applicants liave proposed two, 5-bedroom sites instead of four. The previous septic inspector suggested tliat two, 7-bedroom sites be found, which would accommodate the 2-bedroom guest house in the same system that serves J the principal residence. This requires a variance to the septic code and the applicants should be direct^ to submit a design for 2,7-bedroom sites. S. Rural Oasts study: There was some preliminary discussion, based on preliminary conclusions of the Rural Oasis study, that any property S acres or greater be required to “master plan**. The Council may want to determine if this property could and/or should be required to undergo additional planning steps prior to final plat. COUNCIL ACTION REQUESTED Direct staff to draft a preliminary plat resolution based on conclusions made on the issues noted above. : •' ; ■••• . • •■■ ■ . --/• • • -i ■ • -7: .7 ■ - iiiTiiwTmur ..77- ■ ; :- -A > •' v'Vy ’ mm i r yr 1 CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Ciyital Bay, MN 55323 (952) 249-4600 ZONING FILE: 05-3097 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: June 21,2005 TO: Hashem Abukhadra 1745 Fox Street Wayzata, MN 55391 COPIES:Gronberg & Associates Mark Gronberg 445 N Willow Drive Long Lake, MN 55356 TYPE OF ^PUCATiqN:_.........Prelimin^ Pjat DATE OF MEETING: June 20,2005 PlanniBg Comaiission recommended as follows: To iq)prove the preliminary plat application with the following stipulations: 1. The existing accesses onto Fox Street be eliminated at the time the new road is completed, 2. Proposed Lot 6 be considered a back-lot for zoning purposes, 3. The top of bluff and 30* setback be corrected on the final plat plans, 4. Front and side street setback variances will be granted to allow the guest house to remain in its current location until the time the existing main house is demolished and the lot is redeveloped, 5. The final plat plans implement the remaining City Engineer recommendations noted on the letter dated May 26,2005 VOTE;FOR AGAINST Applicant’s next scheduled meeting is confirmed as: City Conndl - Monday, June 27,2005; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission or Council minutes, th^ are available from the City Recorder after review and approval by the Planning Commission or Council. If you have questions, please call City Planner Janice Gundlach at 952-249-4623. J W5-3097 June 20,2005 Piigc I of 4 Date Applicatioii Received: 2>23-05 Date Application ConiMcrcd as Complete: 4<44)5 120>Day Review Period Expires: 8-6-05 To:Chair Rahn and Planning Commission Members Ron Moorse, City Administrator From: Janice Gundlach, City Planner Date: June 16,2005 Subject: 05-3097, Hashem Abukhadra on behalf of Suad Azhari & Omar Abukhadra, 1745 Fox Street, Preliminary Plat Zoaiog District: Lot Area: Lot Width: RR- IB, One Family Rural Residential District (2 acre minimum) Includes 3 separate parcels: Parcel I - PID 0311723430001:19.834 acres. No address assigned Parcel 2 - PID 0311723440002:23 acres. 1745 Fox Street Parcel 3 - PID 1011723110001: 13.98 acres. No address assigned Combined 1,444* at Fox Street Aj^katUm Summary: The applicant is requesting preliminary plat approval in order to create 6 lots on one block including construction of a private road. The property is abutting Long Lake Creek which leads to Tanager Lake and eventually Lake Minnetonka, placing the property in the Shoreland Overlay District. One house and guest house currently exist on fee property. Stqff RecommendoHou: Staff recommends {qjproval subject to the following: 1. The existing accesses onto Fox Street be eliminated at the time the new road is completed, 2. Proposed lot 6 be considered a back-lot for zoning purposes, 3. The top of bluff and 30* setback be corrected on final plat plans, and 4. Revis^ plans meeting the City Engineer expectations be required as part of the firuil plat. Staff also encourages the Commission to again review whether the existing guest house should be allowed to remain. List of Exhibits Exhibit A - Revised Preliminary Plat Exhibit B - Proposed Road Detail Exhibit C - Proposed Improvements to Fox Street Exhibit D - Notice of Planning Commission Action dated 4-19-05 Exhibit E - PC Minutes of 4-18-05 Meeting Exhibit F - City Engineer Letter dated 4-29-05 Exhibit G - Letter from Adjacent Property Owner dated 5-9-05 Exhibit H - City Engineer Letter dated 5-26-05 Exhibit I - Memo from Septic Inspector dated 6-13-05 Exhibit J - PC Menm and Exhibits of 4-14-05 M05-3097 June 20,2005 P«gc2of4 Background This application appeared before the Planning Commission at the April 18, 2005 regularly scheduled meeting. Non engineering issues were discussed as they related to the preliminary plat layout. At that time a formal engineering review had not been completed and the application was tabled to do so. A full engineering review has now been completed and the applicant has submitted revised plans. Some engineering issues remain, however mostly minor and can be handled at the time final drawings are prqMUod. Issues for Discussion The following are the outstanding issues discussed at the last meeting. The Planning Commission should come to some conclusions regarding these issues in making a recommendation to the City Council: 1. Impacts of the project and the proposed new wetland ordinance: It is anticipated that a new wetland ordinance will take effect in late August or early September. This may have an impact on the development of this site as buffers and setbacks to buffers are anticipated to be included in the new ordinance. With that being said, buffer and setback requirements from the wetlands adjacent to the 929.4* elevation will not be impact^ as the 75’ lake setback becomes more restrictive. Buffer requirements and setbacks to buffers may be impacted with the other wetlands existing on the property. There is a pond locat^ in the northwestern comer of the site, “ditch wetlands’* running from that pond onto proposed Lot 5, and a type 3 wetland along the eastern end of the site. All proposed building pad locations and existing structures should meet the anticipated buffer and buffer setback requirements, however septic site locations may be within the buffer setback, wltich is anticipated to be an allowed encroachment. 2. Guest house: At the last Planning Commission meeting the guest house was discussed at length due to its non-conforming status of not meeting the required 50’ setback to Fox Street. If proposed Lot 6 becomes regulated as a back lot, (see #3 below) then the guest house is non-conforming in both the front yard setback and the side street yard setback as 150% setbacks are required. The Planning Commission considered allowing the guest house to remain until the time the main house is demolished. Staff recommends the Planning Commission discuss >^ther the variances for the guest house should be pemiitted under new development, and make a recommendation to the City Council. 3. Lot 6 as a hack lot: Proposed lot 6 works as a back lot, technically, with the acreage *^ing 150% of the required area of the zoning district and a driveway outlot measured 30’ in width. With the back lot regulations, the existing house meets the required 150% setbacks. Staff recommends that this lot be documented as a back lot in the preliminary and final plat resolutions and that it’s only access should be from the 30’ platted outlot ^M>5-3097 June 20,2005 Page 3 of 4 4. Proposed public road improvements: In order to meet sight distance standards a section of Fox Street must be lowered to meet vertical curve requirements. This means that the easterly approximately 250 ’ from the new road access would be lowered 1-5 ’, depending on where you are in the curve. This gives 400 ’ of stopping distance from the crest of tte hill to the new road access, meeting City Engineer standards. 5. Elimination of unnecessary accesses onto Fox Street: At the time of new development, it has been City policy that all unnecessary accesses be eliminated. This is of greater importance on this stretch of Fox Street where sight distance issues exist. Staff would recommend that any prelimiiuuy plat approval reconunendation include elimination of the existing drive access at the west end of the site as well as the guest house access. The City Engineer has determined that a driveway connecting the guest house to the existing main house drive can be achieved. 6. Septic sites for proposed Lot 6: Both the main house and the guest house have non-conforming septic systems that must be replaced by 12-31-2010. The City ’s Septic Code requires primary and alternate 5 bedroom septic sites for both the main house and guest house for a total of four, 5 bedroom sites. The applicants have proposed two 5 bedroom sites. The tq)plicants will either have to find two additional septic sites, or expand the existing five bedroom sites to 7 bedroom sites to acconunodate the guest house. This is technically a variance from the septic code and the Planning Commission should determine whether this is acceptable for new development. 7. Rural Oasis stuify: Staff feels the City Council should determine what, if anything, the applicant should be required to complete to meet the goals of the rural oasis study. 8. Account for "ditch wetlands” on proposed Lot 5: At the last Planning Commission meeting the iqjplicants were directed to re-configure lot lines so that the wetlands labeled ditch wetlands could be deducted from the dry buildable acreage and still meet a 2 acre minimum. The applicants have made this revision and it is shown on the revised plans. 9. Trail Easement: The Paric Commission has determined they will not seek a trail easement. 10. Blujf: It appears that the bluff on proposed lot 5 and subsequently the 30 ’ setback from the top of bluff have been shown incorrectly. Staffs analysis puts the existing house, at the closest location, approximately 20 ’ from the top of bluff. While the existing house retains a legal non-conforming status, it should be noted at the point a new house is constructed the 30 ’ setback from the top of bluff would have to be met. AM ri .7. ‘ MS-3097 J iim20,200S Pagt4or4 Staff Racommeiidation Staff recommends q>proval of the preliminary plat with the following stipulations: 1. The existing accesses onto Fox Street be eliminated at the time the new road is completed, 2. Proposed lot 6 be considered a back-lot for zoning purposes, 3. The top of bluff and 30’ setback be corrected on final plat plans, and 4. Revis^ plans meeting the City Engineer expectations be required as part of the final plat. 5. Subdivision approval is subject to the standard Park Dedication and Storm Water and Drainage Trunk Fee. Staff also encourages the Commission to again review Aether the existing guest house should be allowed to remain. PRELIIIINARY GRADING. DRAINAGE. ROAD PLAN & PROFILE FOR SUAD AZHARI Sc OMAR ABUKHADRA IN SECTIONS 3 & 10-117-23 HENNEPIN COUNTY. MINNESOTA EXHIBIT B - 'V ^ v/ ^''^''yAO// / V^A yA.Ak'///<o''" ' Y / ^ A / ^/ / I'l '\\\''''■>' lu^' 111,' 'J &<*//(' ' 'y.'fA'//^ /.j/AA ^A//A/Ay // '7,'A/A//'jOss V'/ V />x>, '///'////'> •N* A^yy // / *• ' I - !/ / ! \ \I \ /* ^ ' V^\V ^ / pjy- '/STBir. / r/ rT//i1 f; 100 200 \ \ \ \A \ \ \SCALE IN FEET \ 8SRS?V -»»t^ \ ocNOTcs mnc contour lme (KNOTCS PNOROKO CONTOUR UC OCNOTCS PROmCD S1.T FCNCC OCNOTCS ORAMACC OICCTIQN • M ' /AIUS tff /»••_. %.. >11^- ■•• •• • Hb-. mifmm int ■■ .nai NR a>i*g frmaamm ar:.rs/r aaMflcuu ,—1’?=? OfKlNO M»NlfSOTA Im-*' 7 ») />}t I'" EXHIBIT D CITY OF ORONO 27S0 Kelley Parkway P.O. Box 66 Cryital Bay, MN SS323 (952) 249-4600 ZONING FILE: 05-3097 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: April 19,2005 TO:Hashem Abukhadra 1745 Fox Street Orono, MN 55391 COPIES:Mark Gronberg Gronberg & Associates 445 N Willow Drive Long Uke, MN 55356 jyj*® PZ appucation ^....... DATE OF MEETING: April 18.2005 Planalag Commlssioa recommended as follows: A motitm was made to table the application to allow for a full engineering and septic review. The application will he Iw^ again at the May 16,2005 Planning Commission meeting. VOTE:FOR AGAINST Applicant's next scheduled meeting is confirmed as; Planning Commission - Monday, May 16,2005; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission or Council minutes, they are available fitm. the City Recorder after review and approval by the Planning Conunission or Council, if you have questions, please call City Planner Janice Gundlach at 952-249-4623. J MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, April 18,2005 6:00 o’clock p.m. EXHIBIT E (805^091 Catherine Sallas, Continued) Kempf commented he does empathize with the neighbors but that privacy is an issue tliat is inherent with this neighborhood given the small lot sizes. Kempf indicated he is leaning towards denial of the after-the-fact variance and that he is waiy of reducing ^e lower deck since that may prompt more usage of the upper deck. Sallas inquired how a spiral staircase would impact hardcover. Rahn stated it would depend upon the diameter of the staircase but that it could possibly reduce the hardcover. Rahn noved, Winkey seconded, to recommend approval of Application #05-3091, Catherine Sallas, 3635 North Shore Drive, granting of an afkcr-the-fiict variance to allow the upper deck to remain, subject to the lower level deck being moved out of the average lakesbore setback by reducing hardcover in that area by 150 square feet VOTE: Ayes 4, Najrs 3; Fritzler, Jurgens, and Kempf were opposed. Gaftron noted this application would appear before the Council on May 9th. 7. #05-3097 HASHEM ARUKHADRA, 1745 FOX STREET - SUBDIVISION, 6:59 PM. - 7:38 PJf . Hashem Abukhadra, Applicant, and Mark Gronberg, Surveyor, were present. Gundlach noted this application did appear before the Planning Commission as a sketch plan and that Staff will be recommending this application be tabled to allow for an engineering and septic review. Gundlach stated the applicant is proposing to create six lots on one block, including construction of a private rood. The property is abutting Long Lake Creek, which leads to Tanager Lake and eventually Lake Minnetonka, placing the property in the Shoreland Overlay District. One house and guesthouse currently exist on the property. The applicant is proposing a NURP pond near the proposed road on Lot 2, with ail of the lots meeting the two-acre minimum with the exception of Lot S. Gundlach noted the City is currently working on a new wetland ordinance that may impact the current design of this property by requiring the creation of buffers and setbacks to the buffer. Gundlach stated those requirements could eliminate Lot 6. The applicant is requesting the guesthouse be allowed to remain. Gundlach stated some issues raised at the sketch plan hearing related to hardcover and location of septic sites. Gundlach noted the proposed location of the septic sites have been reviewed and have been determined to be appropriate. Gundlach indicated Staff has the following issues with this application: PAGE 10 I ( MINUTES OF THE ORONO PLANNING COMMISSION MEETING Moiday, April 18,2005 0:00 o’clock p.in. : (805-3097 Hasbeni Abukhadra, Contiaued) 1.The Rural Oasis study the City is currently undergoing would require that this property Master Plan as it exceeds the five-acre threshold. The Planning Commission should consider whether the applicant will be required to Master Plan in accordance with the standards the City's consultant hin outlined even though the formal Comprehensive Plan Amendment has not been adopted. 2.Should the stormwater potentially created by all 21 dry acres be required to be treated, ratlier than the current plan that only treats eight acres. 3.Shcld the ditch wetlands noted in Lot S be deducted for the lot area based on the wetland ordinr nee currently awaiting adoption and what if that eliminates Lot S? 4.Should setback variances be granted in order to retain the existing guesthouse? Should the existing access from Fox Street to the guesthouse be eliminated upon final plat approval? 5.Should the existing access at the western corner of the site crossing Lot 1 be eliminated up to the proposed outlot even if Lot 1 is not developed? 6.Is the Planning Commission comfortable reviewing Lot 6 as a back-lot requiring 150% of the RR-IB setback standards? 7.Is the Planning Commission concerned about the retaining wall heights necessary for the proposed road? Should these walls be located within the right-of-way, on the property line, or within Lots 1 and 4? 8.Should a lO-foot trail easement be dedicated? Staff recommends this appliettion be tabled to allow for an engineering and septic review. Gronbeig stated on Lot S the east lot line was originally jogged due to the wetlands and that based on discussions with Gaffron, it was determined that the ditch wetlands could be included. Gronberg stated Lot 6 is a back lot and that there is a considerable amount of frontage on Fox Street, which would make Lot 6 a good lot. Rahn inquired if die existing home is located on Lot 6. Gronberg stated it is. Rahn inquired what variances would be required with the current proposal. Gundlach stated the guesthouse would require a variance even if Lot 6 is called a back lot. Abukhadra state I the guesthouse was constructed approximately 60 to 70 years ago and has recently been rmovated. PAGE 11 ' • i MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, April 18,2005 6:00 o’clock p.m. (#05-3097 Haihcm Abnkhadra, Continued) Gronberg stated the retaining walls are being proposed to minimize tlie amount of grading necessary and to preserve trees and is a necessary part of the design. Gronberg stated every foot of the new roadway and three of the new houses and half of the existing house would be treated with the NURP pond. Gronberg indicated they would follow the recommendations of the Watershed District for the other two lots. Rahn inquired whether there are any public comments regarding this application. Tom Brown, 760 South Brown Road, stated he has a safety concern with the proposed road, noting that as you are traveling on Fox, there is a berm currently and that the line of vision is impacted. Brown questioned why the road could not remain in its existing location. Gronberg stated that issue was discussed with the City Engineer and that a 35-mile an hour speed analysis was done. Gronberg noted Fox Street is an older road and does not have some of the vertical curve: that newer roads have, which would require some grading to improve the vision. Rahn noted the City has not yet received the engineer ’s report, which may include recommendations regarding some of these issues. Gronberg stated that is a valid concern and they are addressing that Brown inquired whether the lots would be sold. Abukhadra stated the property has been in the family for 30 years and that it is not their intention to sell off the lots. Abukhadra stated the purpose of the division at the present time is to divide the property among the family members. Brown inquired whether this site could be divided into three lots rather than six given the impact on the wetlands. Abukhadra indicated there are six family members. Gundlach stated this site consists of 21 dry acres but there is a total of approximately 58 acres. Rahn closed the public hearing. Leslie stated at the last meeting the number of septic sites was a concern, and inquired whether there were sufficient septic sites for this development, specifically for Lot 6. Gundlach stated there are two five bedroom septic sites for the existing house and a three-bedroom septic site for the guesthouse. Bremer inquired how the diy acres are being determined. PAGE 12 J k f- MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, April 18,2005 6:00 o’ciock p.m. (805-3097 Hashcat Abnkludra, Continued) Gafiron stated this issue was discussed with Gronberg. GafTron stated the City did a wetland inventory in 1974, which did not include many wetlands that would now be included. The City has established a moratorium on wetlands, which has been in effect for the past six months. GafTron slated under the old ordinance some of those wetland delineations would be allowed as dry buildable. GafTron stated since there is a moratorium in effect, this property would be subject to whatever the new regulations are and that it is likely that area would not be considered dry buildable. Rahn pointed out this is an environmentally delicate area and questioned whether some of the City’s other codes relating to the environment would apply in this situation, which could impact the building pads. Gaffitm stated the design process that is being reviewed as part of the rural oasis moratorium consists of looking at the visual impacts of development from across the lake and down the road. That study resulted in conclusions that the City will require in the future that some buffering be done in these types of developments to reduce the visual impact of new homes from lakes and/or wetland. Gaffion stated that study was originally put in place for larger developments but that the Council may find it beneficial to use the study on smaller developments as well to help preserve some of the rural characteristics of the area. Gaf^n stated this property is not under a moratorium for development but Just a moratorium relating to wetlands. Kempf commented in his opinion it would be beneficial to have a study done on this property. Abukhadra questioned how this property would visually affect other property owners. Kempf stated if a two and a half story house is constructed on one of these lots, it would be visible for miles. Abukhadra stated the purpose of constructing a house on top of a hill is to get a view of the lake, but that they ate planning to leave the property pretty much as is and are not planning on constructing any houses in the next few years. Gronberg stated there are three tax parcels at the present time and that they would like to do some long-term planning and create one additional lot Rahn stated he still has an issue with the setbacks concerning the guesthouse. Jurgens stated in his opinion the setbacks should be met since this would be considered new construction. Gundlach stated a setback variance would be needed from Fox Street. Rahn stated at the time the existing house is redeveloped would be the time to address any nonconformities. PAGE 13 i,. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, April 18,2005 6:00 o’clock p.m. i ; 1 i,. 1/ (805*3097 Hasbcm AbnlduKirB, Contioned) Leslie stated the guesthouse would be closer to the front property line than the main residence, which would require another variance. Gundlach stated she is unsure whether guesthouses are treated the same as accessory structures. Gafiron stated to his recollection the code does not specifically adoress whether a guesthouse should have specific setbacks relating to an accessory building and that the Planning Commission needs to determine whether that would be considered a back lot Kempf inquired whether there i* another way to configure the driveway without making an outiot. Gronberg stated there was no discussion at the last meeting about making Lot 6 a back lot. Gundlach stated if that were not called a back lot, there would be sc. :e access and visibility issues with Fox Street Rahn staled the guesthouse could also be dealt with at the time the lot is redeveloped. Bremer inquired whether a decision was reached on the ditch wetlands noted on Lot S. Gronberg stated the lot line could be reconfigured. Bremer and Leslie concurred the lot line should be changed. Abukhadra stated Lot I could be accessed through the existing driveway. Abukhadra reiterated that the property would remain undeveloped for the next few years. Gundlach stated Staff feels the existing driveway-would be an unnecessaiy access onto Fox and that they could utilize the new roadway. Leslie stated if this land is developed, that acc^ should be removed. Rahn inquired whether the Planning Commission feels Lot 6 should be considered a back-lot requiring 150% of the RR-IB setback standards. Jurgens stated it should be considered a back-lot. Gundlach stated if the existing house were reconstructed in the same exact position, the setbacks would not be affected. Abukhadra stated they only have a concern with Item 6 if it affects future development of the lot. Rahn inquired how the Planning Commission feels about the height of the proposed retaining walls. PAGE 14 fi MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, April 18,2005 6:00 o ’clock p.m. (005-3097 Hasbcm Abukhadra, Continued) Gundlach noted Exhibit C depicts the location of the retaining wails. Rahn indicated he would prefer to see the engineer’s comments on that item. Rahn inquired whether the lO-foot trail easement should be required. Oronberg slated in his view the trail would work better within the existing right-of-way and noted tliere are a r umber of trees that would need to be removed if a trail is constructed on this side of the road. Jurgens suggested the applicant look at options for where a trail could be constructed. Rahn stated that is an issue that the Park Commission will need to deal with. Fritzler stated if Lot 6 is considered a backlot, the guesthouse could be dealt with at the time the site is redeveloped. Gaffron inquired whether the driveway from Fox Street leading to the guesthouse should be removed at the present time. Abukhadra stated the driveway has existed for a number of years and tliat he would prefer the current access remain. Abukhadra stated it would be diflicuh to construct another access to the guesthouse. Gundlach suggested that issue be dealt with at the time the engineer’s comments are received. BreaMT aMtvcd, Frhxicr seconded, to table AppUcatioa #05-3097, Hashcm Abnkbadra, 1745 Fox Street, to the May Planning Conminion meeting. VOTE: Ayes 7, Nays 0. (Recess taken at 7:38 p.tli. - 7:4.' n.m.) 8. #054099 MARY AND MARNIX GUILLAUME, 3060 NORTH SHORE DIUVE- VARIANCE, 7:38 PJM. - 8:03 PJH. Mary and Marnix Guillaume, Applicants, were present. Gundlach stated the applicants are requesting hardcover variances and a lake setback variance in order to construct a deck off the main level of a walk-out style home on the lakeside, a covered entry over existing hardcover, and a pergola. Gundlach stated a hardcover variance is needed for the 0-7S’ zone to permit 12.7 percent hardcover when 0 percent is normally allowed and 14 percent currently exists; a lake setback variance to permit a lake setback of 58’ (deck) when 75* is normally required and a 41’ sett>ack currently PAGE 15 1/J Bonestfoo &j! Rosene Anclerlik& |\|| Associates Digtnttri & ArcMtectt April 29.200S Ms. Janice Gundlach Planner City ofOrono Post Office Box 66 Ciystal Bay, MN SS323 2335 VMest Highway 36 • St. Paul. 55113 Office: 651-636-4600 • Fax; 651-636*1311 wwwiXMiestroo.com EXHIBIT F ClTYo •“a » i 2 ^005 No Re: 174S Fox Street File No. 000I39-0500(M) Plat No. 05-3097 Dear Janice: We have reviewed the site plans dated 4-7-OS for the proposed improvements to 1745 Fox Street The plans propose to subdivide an existing single family lot into a six lot single family subdivision. The existing lot is 57.91 acres of which 21.11 acres are dry. We have the following comments with regards to engineering matters: • The drainage calculations provided only address an area (8 acres) that is to be routed to the proposed pond. The city requires that storm water rate control be met for the entire site. In other words, post development flows for the entire site must not exceed predevelopment flows. Drainage calculations should be revised to cover the entire site. It may be necessary to incorporate some best management practices in addition to the pond to meet the rate control required. The propoaed pond needs to meet NURP standards. Because the improvements will disturb more than one acre the final plans should include a detailed temporary and permanent erosion and sediment control plan as required for the NPDES permit. The proposed retaining walls exceed 4-feet in height in some areas. A separate engineered design and detail submittal is required for all walls that are greater than 4-feet in height The limits of the proposed grading for the retaining walls approaches some septic site locations. It is likely that the grading shown will impact the proposed septic sites on Lots 3 and 4. We recommend that the grading plan be revised or alternative septic sites be shown to eliminate any potential conflicts. The driveway shown across Outlot A to serve Lot 6 should be configured to serve the existing guest house if this structure is to remain. The guest house access onto Fox Street should be removed and the ditch regraded. • We received a separate plan dated 4-14-05 proposing improvements to Fox Street to eliminate a sight distance issue, llie plara should be revised to show the existing street grades and include existing vertical curve information so we can further analyrge the necessity of any improvements to Fox Street If you have any questions please call me at (651) 604-4863. Yours very truly, BONESTRCX), ROSENE, ANDERLDC & ASSOCIATES. INC. 5*^Tom Kellou Cc: OregGappa.CityofOrono St. Paul, St. Cloud, Rochester, MN • Milwaukee, Wl • Chicago, It Afflmiflttvt Actl«Vt4Ml OppRrtMwHy Iiwplfr an# Implayac Own## EXHIBIT G W. DUNCAN Mac Millan IBS CAST LAKE STRCCT WAVZATA. MINNESOTA 5S391 May 9,2005 City of Orono P.O. Box 66 Crystal Bay, MN 55323 Dear Ladies and Gentlemen, My wife, Nivin, and I are residents at 1 820 Fox Street in Orono. Our property is adjacent to my family’s property (1700 Fox Street) ^^ere I liv^ since the early ‘30s. We recently received notification of the proposed plat submitted by Suad H. Azhai for the development of property across the street at 1745 Fox Street and adjoining parcels. As part of the platting process, we would like to bring to your attention safety concerns related to the traffic on Fox Street. Given the congestion on County Highway 15 along the shore of Lake Minnetonka, Fox Street is often used as a "back road” for people trying to avoid 15. As such, more than local traffic is involved and, often, high speeds are encountered. If the driveway were placed as outlined, it would be a very dangerous location, as the westbound traffic sometimes travels at high speeds and visibility is dramatically reduced coming over the hill. Several years ago, we agreed that our driveway was dangerous so we mpved it east to the top of the liill for safety. In connection with the Azhari plat, we strongly urge that the driveway for the development be placed as far west as possible. Doing so would increase the site lines for cars traveling west on Fox Street. The driveway to the Waldron and Massopust houses works reasonably well from a safety standpoint. The new development’s driveway should be at least as far west as that one. I will be glad to give you further information about Fox Street, if helpful. Sincerely, . Duncan MacMillan WDM/mm : ^'Tyop t. . f : \• ** 1 * 1 1 V I ^ h!' J/ll Bonestroo MM Rosene Anderfik& |\|| Associates Engineers & Architects May 26.200S 2335 \Xfe$t hfighway 36 • St. Paul. MN 55113 Office: 65I-636-4600 • Fax: 65I-636-I3II wwwiionestroo.com EXHIBIT H Ms. Janice Oundlach Planner City ofOrono Post Office Box 66 Crystal Bay. MN SS323 174S Fox Street File No. OOOI39-OSOOO-0 Plat No. OS-3097 Dear Janice: We have reviewed the site plans and preliminary plat dated S-4-0S for the proposed improvements to 174S Fox Street The plans propose to subdivide an existing single family lot into a six lot single family subdivision. The existing lot is S7.9I acres of which 21.11 acres are dry. We have the following comments with regards to engineering matters: • The plat should provide drainage and utility easements S-feet wide along all interior lot lines and 10-feet wide along all righbH)f*way. Drainage easements should be provided over all ponding areas, wetlands and drainage ways. • Ptoise see the attached drainage and ponding comments from Lance Hoff. • Because the improvements will disturb more than one acre the final plans should include a detailed temporary and permanent erosion and sediment control plan as required for the NPDES permit The latest plan submittal does not include this information and we are unable to comment on this part of the plan at this time. • The proposed retaining walls exceed 4-feet in height in many areas and approach 10-feet in height in some areas. A separate engineered design and detail submittal is required for all walls that are greater than 4-feet in height • The driveway shown across Outlet A to serve Lot 6 should be configured to serve the existing guest house if this structure is to remain. The existing elevations indicate that a driveway could be constructed between the guest house and the driveway that serves Lot 6 at grades that do not exceed 10%. The guest house access onto Fox Street should be remov^ and the ditch regraded. • The propoaed improvements to Fox Street include lengthening the existing vertical curve from I SO-feet to 300- feet The existing 150-foot vertical curve on Fox Street does not meet the sight distance requirements for a 30 mph design speed. The propoaed improvements to Fox Street will improve the sight distance and will meet the 30 mph design standard. Final plans for the Fox Street improvements should include a more detailed design including cross sections at SO-fbot intervals and a proposed pavement section. Final plans should include a. detailed traffic control and detour plan. If you have any questions please call me at (651) 604-4863. Yours very truly. BONESTROO, ROSENE, ANDERLIK & ASSOCIATES. INC. Tom Kellogg Attachment Cc: QregOappa,CityofOiono i St. Paul. St. Cloud. Rochester. MN ■ Milwaukee. Wl ■ Chicago. IL ArfiniMtfvt Acttof^Miiaf Oppartunlty imRloyf Omm94 I Memo yjBoncslroo vS AndMk& |\]| Assodares •niliiwi 4 ArcMitcii Pnj%ctN§m9: 1745 Fox Street Ctiwit: CityofOrono To: Tom Kellogg FHoNo: 139-05-000 From: Lance Hoff Date; 5-19-05 Ho: Drainage Review Developer Sued Azhari & Omar Abukhadra Engineer Gronberg & Associates. Inc., Long Lake Submittal: Drainage Calculations, Rational Stonn Sewer Design Calculations, Plans Plan Sheets: Grading and Drainage, Storm Sewer Date of Plans: 2-22-05, Latest Revision on 5-4-05 Date Received: 5-12-05 Summary of Recommendatlona Based on our review of the 1745 Fox Street development, we offer the following comments. 1. Rational method storm sewer calculations should be submitted for review and approval. 2. Riprap should be provided at each flared end section (FES) including the FES discharging to the pond. 3. Outflow velocities from the FES discharging to the pond and at the por>d outlet should not exceed 5 fps to avoid erosion (and resuspension of sediment in the pond). 4. The developer's engineer did a good job including a 10' wide aquatic bench at 10:1 slopes, but the remaining pond slopes vary from 2:1 to 5:1. Slopes above the pond NWL should be 4:1 or flatter. Slopes below the pond aquatic bench should be 3:1 or flatter. 5. The City ’s standard skimming pond outlet should be used (detail attached). 6. Low flow control should be added to the pond outlet design. For example, the addition of a weir to an elevation of 936 in combination with a 6* orifice located at the normal water level will reduce 2-yr peak flows from 2.0 cte to 0.8 cfs while raising the 100-yr HWL only 0.1' to 937.6. 7. A pond outlet detail should be included on the plans and submitted for review and approval. 8. Wetland buffers are proposed as a best management practice (BMP). Wetland buffer signs should be placed along the edge of the proposed buffer to ensure that the buffers aren’t mowed BotfMtno, Roamf, AndaiOk and AssoctolM, Inc.www.bonttroo.com OtlfMf 23»IMNM h|JI •MainSiRMl tatai 0 n?i» fiitai rn.mmi’imm-mnm msteSMSwmm m%m fn MSB OSiOtei i7n»*i SI CM mrnrn. »IS14SSI faa.flB»l4ai 1 t (MSteMi Rote M7 S4I4774 F« Ml MMill k-. If Memo Bontfiroo BMCflt AtsodMes and yard waste is not dumped within the buffer. Example wetland buffer signage is available upon request. 9. Pipe size, slope, and invert information should be labeled on the proposed storm sewer plans. 10. The pond emergency overflow (EOF) elevation should be labeled on the plans. The EOF elevation should be located at or above the 100-yr HWL. 11. The top of the pond berm should be labeled on the plans. The top uf berm elevation should be no less that 1 * above the 100-yr HWL or the EOF elevation, whichever is greater. • f - tmivi:" ..''-•■.I .-'■51 » i ■ %» ^ <• jf •ewM ireo , M mwm ^ Aniattk and AbbocMm, Inc. OlklMCBMt tWIBCipM omm frnmmnm OMM4HI OttCMOta I7tll»«9MaiS mCMiaBiiuM fmOMMHl fm mn%uu u • EXHIBITI Jutiel3.2005 To: Whom it may concern: ^ V ^ From Willie Oibbs, Onsite Septic System Manager Re: 174S Fox Street, Proposed Sub^vision I am in receipt of the most recent changes to the septic system designs by Rusty Olson’s Soil and Perc. Testing. The items I addressed in my May 25,2005 to Mr. Olson have been addressed except for the man*made pond and subsequent potential flooding problems. Those issues were answered by Mark C^nb^ of Oronberg Surveying. I have been assured that all runoff from the proposed road will be directed to theNERP pond to be constructed. I am satisfied with the responses and the corrections that have been made. Mr. Olson needs to complete die percolation tests before final designs are done, but I don’t foresee this as being a problem. ■ y JT :t\ j WS-3097 April 18.2005 Page I of 6 Date Application Received: 2>23-05 Date Application Considered as Complete: 4-8-05 120-Day Review Period Expires: 8-6415 To:Qiair Rahn and Planning Commission Members Ron Moorse, City Administrator From: Janice Gundlach, City Plannei^ Date:April 14,2005 Subject:05-3097, Hashem Abukhadra on behalf of Suad Azhari & Omar Abukhadra, 1745 Fox Street, Preliminary Plat Zoning District: Lot Area: Lot Width: RR- IB, One Family Rural Residential District (2 acre minimum) Includes 3 separate parcels: Parcel 1 - PID 0311723430001:19.834 acres. No address assigned Parcel 2 - PID 0311723440002: 23 acres, 1745 Fox Street Parcel 3 - PID 1011723110001: 13.98 acres. No address assigned Combined 1,444’ at Fox Street Application Summary: The applicant is requesting preliminary plat approval in order to create 6 lots on one block including construction of a private road. The property is abutting Long Lake Creek which leads to Tanager Lake and eventually Lake Minnetonka, placing the property in the Shoreland Overlay District. One house and guest house currently exist on the property._____________________________________ Staff Recommendation: Staff recommends tabling the application to allow for an engineering and septic review and Planning Commission recommendations regarding the questions posed in the Issues for Consideration section of this report. List of Exhibits Exhibit A - Application Exhibit B - Proposed Plat Exhibit C - Ro^ Detail Exhibit D - Wetland Delineation Excerpts Exhibit E - Drainage Area Map for Proposed NURP Pond Exhibit F - Lot 1 Grading Detail and Hardcover Analysis Exhibit G - Lot 2 Grading Detail and Hardcover Analysis Exhibit H - Lot 3 Grading E)etail and Hardcover Analysis Exhibit 1 - Lot 4 Grading Detail and Hardcover Analysis Exhibit J - Lot 5 Grading Detail and Hardcover Analysis Exhibit K - Lot 6 Hardcover Calculations Exhibit L - Aerial Photograph of Site Exhibit M - Property Owners List Exhibit N - Plat Map ! Jituak M050097 April 18,2005 Pace 2 of 6 PRELIMINARY PLAT REVIEW Conformity wiCli ^1000-2020 Orono Community Management Plan The property is guided for single family residential use at a density of 1 unit per 2 acres. The proposed plat conforms to this use. The property is not located within the MUSA and is intended to be served with septic systems and private wells. Primary and alternate septic locations for each lot are shown on the survey and septic reports have been submitted. The proposed use appears to be in conformity with the CMP. Relationship to Surrounding Development This property abuts and lies within Long Lake Creek which runs fit)m Long Lake to Tanager Lake, and ultimately to Lake Minnetonka placing the property within the Shoreland District. The southern-most boundary of the property abuts property owned by the Dakota Rail with Tanager Lake on the other side of the tracks. Larger single family estates surround the property on the north, east and west with 2-acre single family residential lots on the west side of Brown Road. Conformity wHh Zoning Dtotrict Lot Requirements The property is in the RR - IB, One Family Rural Residential District, which allows for single family residential uses witih a minimum lot size of two dry buildable acres. Each proposed lot is in excess of two acres and appears to contain the minimum of 2.00 acres of dry buildable land; the survey shows an “edge of delineated wetland ” as well as type 3 wetlands, \^ch were used in determining actual dry acreage. The 929.4 elevation has been surveyed and is shown on the plat just lakeward of the delineated wetland. LOT LAYOUT AND STANDARDS RR-IB Required LOTI LOT 2 LOT 3 LOT 4 LOTS LOT 6 Lot Area (acres dry) 2.0 3.02 3.08 2.09 2.62 2.05 5.17 Lot Width RR-IB Required LOTI LOT 2 LOT 3 LOT 4 LOTS LOT 6 Lot Width*200*1400 ’i:1380 ’:i:410 ’±483’202 ’ Back-Lot (30 ’ outlet for access) Lakeshore or Non- Lakeshore? N/A I Jikeshoie Lakeshore Lakeshore Non- Lakeshore Non- Lakeshore Lakeshore *The lakeshore lots’ width is measure at the 929.4* elevation and the non-lakeshore lots’ width is measured at the proposed private road frontage. Lot 6 is being developed as a back-lot accessible from a 30 ’ platt^ outlet just south of lot S. Although fronting on Fox #05-3097 April 18,2005 Page 3 of 6 Street, the lot will be subject to the oack-lot standards as an additional Fox Street access solely for this lot would not be permitted. Ail proposed lots appear to meet the minimum standards for lot area and width established by the RR - IB zoning district. It should be noted however, that lot 5 shows wetlands labeled as “ditch wetlands”. The area of these wetlands has not been deducted from the 2.05 lot area proposed. The City is currently under a moratorium regarding standards for wetlands and it is envisioned that these “ditch wetlands” would be required to be deducted from the lot area. This potentially eliminates this lot. Lots 1-S show proposed building pads which meet the required RR - IB setbacks. However, lot 6 is teing considered a back-lot and is therefore subject to the back-lot standards, including 150% of the required setbacks. This would require 75' setbacks from Fox Street and the new west lot line abutting the outlot. Variances would be required in order to retain the guest house and staff would recommend that it be removed. Road Layout rad Standards The im>posed road corridor is 50 feet in width with a 100* diameter cul-de-sac as required by the Subdivision Ordinance and the CMP for a local private road. Retaining walls are shown on lots 1 and 4, which are necessary to due to the topography. The wall on lot 1 appears to approach 4’ in height and the wall on lot 4 reaches 6’ in height. All retaining walls excec^ng 4* in height will require an engineered design, or they must be revised to be a tiered system. The standard paved width for this road would ^ 28 feet with a 50* diameter cul-de-sac. The City Engineer has yet to submit comments regarding the Road Plan and Profile. The current access for proposed lot 6 (existing home) is located at the Fox Street frontage of lot 1. This access must be eliminated as part of the platting process. From the private road, lot 6 will be accessed through a 30 ’ outlot in accordance with the back-lot standards. Staff finds the proposed access to be acceptable; however lot 6 would be considered a back-lot under this scenario. Also, the existing guest house has an access onto Fox Street As part of the platting process, this access should be eliminated as it constitutes an unnecessary secondary access onto the public road and makes the guest home functionally separated from the principal use. Park/Trail Easement or Dedication Needed The CMP indicates a future trail along Fox Street. The CMP has not indicated which side of the road the trail is planned for but it does indicate the trail would be on the shoulder or separated. In an effort to plan for the future construction of this trail, staff would recommend that a 10* trail easement be considered for dedication along Fox Street and that all setbacks shall be measured from the edge of the trail easement. In dedicating a 10* trail easement along Fox Street within the applicant’s property and measuring setbacks from the edge of that easement, the proposed building pad for lot 5 would need to move 10’ further south and the guest house becomes more non-conforming. i MS-3097 April 18.2005 Page4 of6 The property would also be subject to a park dedication fee based on 8% of the value of the land or a cap of $5550 per lot (excluding the lot with the existing house), 5 Lots X $5,550 = $27,750 The Park Commission will be asked to review and comment on the proposed plat and how it relates to park dedication. Road Improvements and/or Easements Needed The City will require a Road, Drainage and Utilities Easement over the private road, which should be platted as an outlet. The City would also require standard 5* perimeter and drainage easements around all property boundaries (10* along periphery property boundaries) as well as conservation and flowage easements over all delineated wetlands. Stormwater and Drainage Improvements The applicant has proposed a NURP pond near the proposed road on lot 2. While the City Engineer has not provided form^ comments, he has indicated there is a problem with this proposal as the proposed pond is only treating 8 of the 21 existing dry acres. It is assumed that the other 13 dry acres and their potential stormwater will be drained to the lake. The City Engineer has indicated that all 21 dry acres must be treated. The Minnehaha Creek Watershed District will have to approve the proposed methods of treating stormwater. The property will also be subject to the Stormwater and Drainage Trunk Fee, established by the 2005 fee schedule as $2,770 per acre for the 2-acre zone. The total acreage is 57.91 acres. The 2005 Fee Schedule establishes a 4 acre maximum for lots exceeding 4 total acres including wetland; however the fee still applies to road and outlot acreage. Therefore, after reductions of the access acreage of the lots that exceed 4 acres, the remaining calculable acreage is 32.92 acres. 32.92 total acres x $2,770per acre = $91,188 Utility Locations and Availability The property would be served by septin systems and private wells. All septic systems must be located 100’ from the 929.4 elevation, 20’ ^m all property boundaries, 10’ from structures, and 26 ’ from the delineated edge of wetlands. The sites proposed appear to meet these setbacks. A review of the actual septic designs has not been completed as of the date of this report. Private wells must be provided and shall be setback 3’ from structures and 50’ from septic systems. Lakcshorc Proximity and Conformity with Shoreland Regulations The property is essentially a large peninsula with well over 3,500 feet of shoreline. Although the property abuts a 929.4 elevation, the individual lots may have only limited riparian rights. Docks and lake access of any kind, if allowed, will likely require wetland alteration or encroachment approvals from the City and other agencies. Because of the proximity of the property to the body of Lake Minnetonka and Long Lake Creek, all J I • MS-3097 April 18,200S Pages ofO shoreland restrictions apply. During, the sketch plan review process the applicant was directed to submit a hardcover analysis for preliminary plat. The purpose of this hardcover analysis was to determine how much hiudcover these lots could expect, as the 929.4’ elevation winds throughout the plat. This information was submitted and is attached as Exhibits F-J for lots I-S and hardcover calculations for lot 6 (existing home). It appears that these lots will have adequate hardcover to accommodate potentially large homes. Wetlands on Site and/or Impacted The only apparent non-lakeshore wetlands on the site are those in the northeast comer of proposed lot 6 and the northwest comer of proposed lot 1 (labeled on the survey as a pond). As mentioned earlier in this report, the City will require a viowage and Conservation Easement over all wetlands designated on the site including the lakeshore wetlands falling above or below the 929.4’ contour. The applicant is advised to avoid any impacts to wetlands which can be avoided by proper site layout. The Minnehaha Creek Watershed District (MCWD) is the City’s LGU for administration of the Wetland Conservation Act rules. Also, the City is currently working on a new wetland ordinance which may, or may not, impact the current design of this property. The applicant should be aware that adoption of a new wetland code may impose the creation of buffers and setbacks to the buffer that could further restrict development of this property. It is expected that the City will finalize the new wetland ordinance within the next few months. Upon adoption of the new wetland ordinance, some of the guidelines with respect to the wetland information contained on the preliminary plat drawing and within this report may be subject to change. Tree and/or Woodland Impacts The site is somewhat wooded with a variety of tree species. Orono does not have a tree preservation ordinance other than within the 0-75 ’ lakeshore setback zone, where clear- cutting and removal of trees 6” or greater in diameter is prohibited. The developer is encouraged to preserve as many trees as possible to retain the wooded character of the property. Archaeological Site Proximity or Study Needed Given the unique nature of the site with its rolling topography, potential bluffs, and its proximity to Lake Minnetonka, the developer is advised to contact the State Historic Preservation Office (SHPO) to determine whether an archaeological study is warranted. Bluff Impacts There appears to be one bluff on the property, located on proposed lot 6. Bluff areas have a 20’ bluff impact zone protection standard and a 30 ’ structural setback from the top of the bluff. The existing house on lot 6 appears to meet the 30* structural setback from the top of bluff, however the top of bluff must be calculated and noted on the survey in ordo' to verify this. —... f #05-3097 April 18,2005 Pag«6of6 luact for DiKOMioa 1. The Rural Oasis study the City is currently undergoing would require that this property Master Plan as it exceeds the 5 acre threshold. Should the applicant be required to Master Plan in accordance with the standards the City's consultant outlined even though the formal Comprehensive Plan Amendment hasn't been adopted? 2. Should the stormwater potentially created by all 21 dry acres be required to be treated, rather than the current plan that only treats 8 acres? 3. Should the **ditch wetlands" noted in lot 5 be deducted for the lot area based on the wetland ordinance currently awaiting adoption? What if that eliminates this lot? 4. Should setback variances be granted in order to retain the existing guest house? Should the existing access from Fox Street to the guest house be eliminated upon final plat approval? 5. Should the existing access at the western corner of the site crossing lot 1 be eliminated up to the proposed outlet even if lot I isn't developed? Prior to filing of die plat? 6. Is die Planning Commission comfortable reviewing lot 6 as a back'lot requiring 150% of die RR- IB setback standards? 7. Is the Planning Commission concerned about the retaining wall heights necessary for the proposed road? Should these walls be located within the right-of-way, on the property line, or within lots 1 and 4? 8. Should a 10* trail easement be dedicated? 9. Are there any other issues or concerns with this application? Snnunniy Table to allow for a full engineering and septic review as well as Planning Conunission recommendations regarding the questions noted above in the Issues for Consideration section of this report. This item will also be forwarded to the Park Conunission for comment I4v" V .. . . A City of Orono Subdivision Application EXMBIT A Stmet Addnas: 2750 Kelley Parkway Orono, MN 55356 Wl Mi Renewal: Main: 952-249-4600 fax: 952-249-4616 Mailing Addraas: P.O, Box 66 Crystal Bay, MN 55323-0066 This application form must be completed in full Application # ^3 " Date Received: Amount Paid: Staff: . lAtJUlr Fee: _____ PROPERTY INFORMATION: Site Address: /7Y-f XTAtrr Property Identification Number (PIN): /j /a-// (Attach legal description to appiication if not included on the survey.) Date Property Acquired (month/year): _______Abstract or □ Torrens, please check one Present use of property: ^Residential □ Other _______________________________________ Zoning District: ___________________i X APPLICANT INFORMATION: (Complete legal names and marital status required for each interested party) Name: yv Phone (work); foPhone (home): c,i^^ %.ot -oeoo Address: M.AJ _s~s"'S°t ( Email: ________________________Fax: _________ OWNER INFORMATION: (Complete legal names and marital status required for each interested party) Name: *F ______________________ Phone (home);Phone (work): Address: Email:Fax; EXISTING LAND USE: Number of Tax Parcels: Development Size:2/.// 1£^ Acres Dry Land Acres Wet Land /•T. /P/ Aaes TOTAL, all parcels Present Use (check one) Present Zoning District Residential; Number of Units: ^ □ Other (Specify) __________ A/i-JA ________ Proposal: □ Division for Tax Purposes □ Lot Line Rearrangement Only (no new building sites) Subdivision for New Building Sites Number of Building Sites Proposed Gross Density Minimum Lot Size Proposed Use (check) Existing Units New Units Total Units Units per S‘7^9f Acres ^7. jia Square Feet Dry Buiidable Land JBC Residential □ Other (specify) •/ a P rl.4 IS--' \ 1. 2. 3. 4. 5. Payment of fees (refer to "application fees" listed below). Completed application form. Preliminary plat Information on Certificate of Survey. Certified Property Owners List of owners within 350' (you must obtain this list from Hennepin County Department of Finance, Government Center, A«603 300 South o'" Street, Minneapolis, telephone 612-348-5910). As an addendum to this application, please attach a separate list of any other persons you wish notified of this applicatioit. MINIMUM MATERIAL REQUIRED FOR COMPLETE FINAL APPLICATION 1. Payment of fees (refer to Preliminary Subdivision Approval resolution and park fees if applicable). 2. Signed Certificate of Sunrey or mylar copies of formal plat. 3. Title opinion. 4. Easements, covenants, etc. 5. Developers Agreement and Letter of Credit. APPLICATION FEES (Zoning Administrator to check [X] those which apply) A. Application Base Fees: ___Sketch Plan Review (Class I, II & III) $350.00 ___Subdivision of a Lot Line Rearrangement $600.00 ___Subdivision Application (Class I & II) $600.00 ___Preliminary Subdivision Application $750.00 $30.00/lot (Class III & all non-residential) ___Final Plat implication (Class III) $250.00 ___Legal Review and Filing; ____Subdivision only $140.00 ____Subdivision w/easements and covenants: minimum $280 TO-*- any additional costs TOTALS ___ Park Fees (to be determined per Section 82-227) ___Legal and Engineering Review Fees (as incurred) ___Renewal of Class I, II, & III Subdivision and of a Lot Line Rearrangement Application $300.00 B. Special Improvement Fees: X Proposed Private Roads $650.00 ♦ $.50 per lineal foot; lin. ft. x .50 * $ ___ Proposed Public Roads $950.00 ♦ $.50 per lineal foot;_____lin. ft. x .50 = $_____ ___ Request for City to Accept Existing Private Road $950.00 ___ Proposed Sanitary Sewer Main Extension $275.00 $25/stub ___Proposed Watermain Extension $275.00 ♦ $25/stub ___ Proposed Storm Sewer System (excluding culverts) $250.00 X On-Site System, Site Evaluation Review (applicable to rural subdivisions) $60/per lot x new lots C. Flexible Ap^ication Fees/MIscellaneous Fees ___Variance $600.00 ___Vacation of Public Road $75 per benefiting property ($600 minimum per appiication) ___ Easement Vacation Associated with a Subdivision $100.00 ___ PRD Application with Subdivision $35.00 per dwelling unit The applicant hereby agrees to provide all information required or requested by Planning Department Staff, City Engineer, City Attorney, Planning Commission and Council necessary to process this application and further agreestojgaytni additional fees established by ordinance. Applicant ’s signature: ______________________________Date: J OC '< Owner ’s Signature: ________________________________Date: j/J Applicant must have all submittals into the City Office 25 days before the Planning Commission meeting. Planning Commission meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the City Planner assigned to your project of this change prior to the meeting. i -11- //f f' ■'t?. ■a • > PRELIUINARY PLAT FOR SUAD AZHARI & OMAR ABUKHADRA IN SBCTIOKS 3 A 10-117-33 HBNNBPIN COUMTY, MINNESOTA .1 ' *•*• •• '»T'’ •*f,’T«-n>r4i^ '.V”>» ■«4t-J . A > ;*■ . • ^ - - - -■! « ,..•1' *J-' . PRELIMINARY GRADING, DRAINAGE. ROAD PLAN le PROFILE FOR SUAD AZHARI Sc OMAR ABUKHADRA IN SECTIONS 3 k 10-117-23 HENNEPIN COUNTY. MINNESOTA EXHIBIT C oN.-r 1. .•• 200 I SCALE m FEET si:i sli ll! ii gist o 0 noL•«•••••• .MOi .950. ,.........: *♦*•«♦•••«»4******^***** j iPRBLjMWAllr Rop PMPILB' r ••:: L- ■!::.;:;.:.|jn^:-:-.j.. ::;::/|l j; ■ I-Isg?”_4..,••I- .920.. : : • .| SSf */: i : ' • ^....... ... •*• ••••••••• ■..•-..:.S ri:tl r|:i|:ii i • •••♦*«•■ i I Is I*****#**! Sfwn—jau I ••••••*♦•.-f- I n :!-■!«*«*•' » .. • . i. ••.•.,;■ I •:. •••.-■:■ »^*4k*«** ' *'*”^*****^**^*'^*' T, ..... ........ ............. • •«*••*••• j» ■ ■ •*»«••••» ♦••*’.V.*V."|“. ***'V.**,'j**'******** j"***■***'*"?..... I’**••*•*•*4 .070 .040 .930 il-ii..t.i.020 •111* I i *11! ill I i I \\ : fllA .*B=rc* — w*-44»dKa*w«———iiL'Z3>-kiiTS-i^— «___ ar—ain»« t*,7. n——V.. !=rr Jjw3 K — >i K\iVI \ I ^ R EirtiMfMin p • llAdHOWii III «i EXHIBIT D Plants were identified using standard regional plant keys. Taxonomy was based on the Manual of Vascular Plants of Northeastern United States and Adjacent Canada, Ed. 2 (New York Botanical Garden, 1991). Indicator status of plant species was taken from the National List of Plant Species That Occur in Wetlands: 1988 Minnesota (U.S. Fish & Wildlife Service, 1988). ffl. RESULTS Review of Soila. NWl. DNR and FSA InformatioB The National Wetland Inventory Map (NWI) (Excelsior Quadrangle, U.S. Fish & Wildlife Service, 1999) showed one (1) PUBF wetland, one (1) R2UBH wetland, and one (1) large PEMF wetland locat^ within site boundaries (Figure 3). The SoU Surv^ efHennepin County, Minnesota (Sheets 43 and 51, USD A, 1974) showed the following soil types on the site: Erin loam (En), Glencoe (Gc), Hamel loam (Ha), Kilkenny lorn (Kk), Lester loam (Lr), and Marsh (Ma) - Figure 4. Glencoe, Hamel and Marsh are hydric soils indicative of wetla^ conditions when undrained. The DNR Protected Waters Mop, Hennqtin Comity (Sheet 1 of 4, Minnesota DNR, 1983) indicated DNR Protected Wetland 859W on the southern half of the site (Figure 5). Detenuluationg and Delineations Potential wetlands were evaluated in greater detail during field observations on May 27,2004. Four (4) wetlands were identified and delineated on the subject site (Appendix A). Corresponding data forms are included in Appendix B. The following description of the wetlands and surrounding t^land reflects field conditions observed at the time of the delineation. At dut time, vegetation was actively growing and temperatu res were in the 60 ’s and spring hydrology was assumed normal. Wetland Ivnsa Type 3 (PUBFx/PEMB/A) wetland located vrithin a depression and connecting ditch/swale in the northwest comer of the site. Dominant vegetation consisted of algae and duckweed widi lesser amounts of willow in the center of the wetland depression. Dominant vegetation *!«"£ dm perimeter of the wedand consisted of needle spikerush and reed canary grass with lesser amounts of creeping Charlie, sedge and buckthorn. Soils observed below the wedaikl boundary woe mapped as Glencoe a^ were fiundy mottled, black clay loam to 24 inches. Soils were saturated at the surface and fiee water was observed at 4 inches below the soil surface. Secondary indicators of wetland hydrology included mapped hydric soil, the FAC* Neutral Test and topogrq>hic position. Adjacent iq>land was mowed lawn dominated by Kentucky bluegrass with lesser amounts of creeping Charlie, dandelion and yellow nutsedge. Upland soils were nupped as Glencoe and were black clay loam to 18 inches, underlain by very dark gray clay loam to 24+ inches. Free water was observed at 14 indies below the soil sur&ce. Map^ hydric soil was the only secondary indicator of hydrology observed. ami - ; The dfflinffwM wetland boundary followed a change in plant communities and topography. Wetland 1 corresponded to an NWI-mapped PUBF wetland, and an area of mapped hydric soil (Glencoe) by the soil survey. An outlet on the west side of the wetland drained Wetland 1 off site to the south/southwest. WeOaHd i was a Type 3 (PUBG/PEMF/aA/PSSlC) wetland that encompassed the majority of the southern half of the site. Dominant vegetation consisted of cattail, reed canary grass, sedge, American elm and green ash with lesser amounts of willow, giant goldenrod, conunon reed, cttnging nettle, clearweed, sedge and red osier dogwood. Two transect locations were sampled for Wetland 2. The following is a description of Transect 2-1. Soils observed below the wetland boundary were mapped as Marsh and were black muck to 14 inches, underlain by distinctly mottled, dark gray sandy clay to 24+ inches. Soils were saturated at the surface and free water was observed at 10 inches below the soil surface. Secondary indicators of hydrology included mapped hydric soils, the FAC-Neutral Test and topographic position. Adjacent upland for Transect 2-1 was woods dominated by red oak, bur oak, common buckthorn, honeysuckle, basswood and northern udiite cedar with lesser amounts of cherry American cottonwo^ qiiftking aspen, meadow rue, geranium, pq)er birch, prickly ash, walnut, eastern red cedar, spruce, eastern white pine and hackberry. Upland soils were mapped as Kilkenny and were black clay loam to 24 inches. No primary or secondaiy indicators of hydrology were observed. Upland vegetation varied along the boundary of WeUand 2 and included areas of open me^ow Hotniniif»»H by Canada goldenrod, orchardgrass, Kentucky bluegrass and smooth brome with lesser of quackgrass, reed canary grass, creeping Charlie and sumac, an area along the southern tip dominated by common buckthorn, garlic mustard and other weedy species, and an area toward the nordieast dominated by northern udiite cedar with lesser amounts of common buckthorn, sumac, Kentucky bluegrass and Canada goldenrod. The dflinffl**^ wetland boundary followed a change in plant communities and topography. Wetland 2 corresponded to NWI-mapped PEMF and R2UBH weUands, and an area of mapped hydric soil (Marsh) by the soil survey. A wide channel bisects the wetland and drains into Tanager Lake to the southeast. WettmiS was a Type 3 (PEMF/C/A) wetland located along the roadside ditch in the northeast comer of the site. Dominant vegetation consisted of cattail, duckweed, reed canary grass and green ash with lesser amounts of jewelweed, stinging nettle, common buckthorn and sedge. Soils observed below the wetland boundary were mapped as Glencoe and were black mucky loam to 12 inches, underlain by very dark gray fine sandy clay loam with common medium gray redox depletions to 24+ inches. Soils were inundated to a depth of 6 inches at the sample location. Secondary indicators of hydrology included mapped hydric soil, the FAC-Neutral Test and topographic position. Adjacent iqrland was woods dominated by sugar iiuq)le and bur oak with lesser amounts of tMirthem white cedar, coirunon buckthorn, cherry, green ash, American basswood, Virginia creeper, paper birch and walnut Upland soils were mqiped as Kilkermy and were black fine sandy clay loam to 20 inches, underlain by faintly mottled, very dark gray fine sandy clay loam to 24+ inches. No primary or secondary indicators of hydrology were observed. The delineated wetland boundary followed a change in plant communities and topogrq>hy. Wetland 3 coneqNUided to an area of m^iped hydric soil (Glencoe) by the soil survey, but was not indicated (Hi the NWI-nuq). Wedmti 4 was a Type 1 (PEMC7A) soggy depression located to the northeast of Wetland 1. Dominant vegetation consisted of nu>wed Kentudcy bluegrass with lesser amounts of yellow nutsedge. Soils were mapped as Glencoe and were assumed to be hydric. Soils were saturated at die surfiKe and secondary indicators of hydrology included mapped hydric soil and topographic Adjacent iqiland was mowed lawn dmninated by Kentucky bluegrass. Upland soils were also nugiped as Glencoe. Other than mapped hydric soil, no primary or secondary indicators of hydrology were observed. The delineated boundary followed a sli^t diange in topographic position. Wetland 4 coireqponded to an area of mqiped hydric soil (Glencoe) by the soil survey, but was not indicated on the NWI-map. ler Areal was indicated as a hydric soils area (Hamel) by the soil survey. In the field, the center of Area A was dominated by Siberian elm, smooth brome and Kentucky bluegrass with lesser tnouirtu common budctfioriL Based on the lack of hydrophytic vegetati'^n and wetland hydrology. Area A was assumed to be non-wetland. IV. SUMMARY • The Fox Street site was inspected on May 27,2004 for the presence and extent of wetland. • The NWI-nuq} showed one (1) PUBF wetland, one (1) R2UBH wetland, and one (1) large PEMF wetland located widiin site boundaries. • The soil survey indicated Glencoe, Hamel and Marsh as the hydric soils present on the she. • DNR Protected Water 8S9W was indicated on the site. • Three (3) Type 3 wetlands and one (1) Type 1 wetland were delineated on the subject rty. S . J ■iM V. CERTIFICATION OF DELINEATION TTie procedures utilized in the described delineation arc based on the COE 1987 Wetland Delineation Manual as required by Section 404 of the Clean Water Act and the Mirji^ta Wetland Conservation Act. Both the delineation and report were conducted in compliance with regulatmy standards in place at the time the work was completed. All site boundaries indicated on figures within this report are approximate and do not constitute an official survey product Delineation Completed by:Kelly Dlouhv. Werl^pd ^xinlpgist Report Completed by: Reviewed by T auterbach-Bairett Date o5" ional Wetland Scientist No. 000084S m ■ \ :i • ■ :• V ■ m j V / • -V'^ -r IT f ^ pi I t Note: Site boundaries on this flgure are approximate and do not constitute an official survey product. rJ . - V- tr'.-. • / o' 4 _ • .1 » • '• - -- ' s •> ' .1 ■ ^^,viS :K.-P :% •' k ■"■ Vff Wy:. y . r -n - Ih V 1■ jrTi V'r-' ;- s . 'c^y Figure 2 - 2003 Aerial Photograph Fox Street (KES No. 2004-075) OroRO, Minnesota \iQolhaw ENVntONXfENXSLSEKVICES COMPANY 1 inch ~733 feet kiUtm mnlllHiMlih EXHIBIT F iiMii«rrii‘ I « ^at4KHA9^A CL6T O „ hardcove r CALCULATION WORKSHEET W75-250' 250-500' / / existing HAJIDCOVER IN 7riNV A. House // Ungth X X X B. Gnrage C. Driveway X X D. Sidewalk X X E. Patio/Deck X X F. Landscape Underiain By Plastic Or Fabric X X X O. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A __ _ _ _ _ _ + B PROPOSED hardcover IN Z9^fy■ A. House Length X X X B. Oarage C. Driveway X X D. Sidewalk X X E. Patio/Dcck X X •/ F. Landscape Undtrlain By Plailic Or Fabric G. Other TOTAL HARDCXDVER IN ZONE TOTAL PROPERTY AREA IN ZONE A __ _ _ _ _ _ _ ♦ B Width XIOO Width r- 500-1000' 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. SJ?. 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. S.F. S.F. S.F. S.F. S.F. S.F S.F. X 100 JJ L a ao S F A B / (COT f) . SETBACK Z0«K: / existing HAJtDCQVER IN ZONT v- 7- as 500-1000* A. House / / Length / X X X B. Garage C. Driveway X X D. Sidewalk X X E. Patio/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 ____________ 4- B PROPOSED HARDCOVER IN ZONK A. House Length X X X B. Oange C. Driveway X X D. Sidewalk X X E. Paiio/Dcck X X F. Landscape Underlain By Plastic Or Fabric X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE Widih xIOO Width 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 % Soa/^ S.F. S.F. S.F. S.F. S.F. Sooo S.F. -- S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S'oaoY. s F. X >• /O 7^ a OO'J F. A B : ji i i / /!0t4KN4(HLA CCat /J , , hardcover calculation woricshf .et / SLTBACK ZONE: (CIRCLE ONE) 0-75’ 75-250’ Om SOoD/ existing HARncov..:R IN 7.nNV ”” V^SO;^ A. House Length X X X B. Oorage < \ Driveway X X D. Sidewalk X X E. Paiio/Oeck X X F. Landscope Underlain By Plastic Or Fabric X X X 0. Other TOTAL HARDCOVER IN ZONE total property area in zone ^ __ _ _ _ _ _B proposed hardcq ver in zone A. House Lctigih X X X B. Onrage C. Driveway X X D. Sidewalk X X E. Palio/Deck X X F. Landscape Underlain By Plastic Or Fabric X X X O. Other total hardcover in zone total property area in zone + B Mi. Width xIOO Width 500-1000’ 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 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. X100 - O S.F. A S F. B - O % i ' \ \ • •• • lor z EDGE OF delineated WETLAND ✓ J / SETBACK ZONE: (CIRCLE ONE) EXISTING HARDCOVER IN ZONK A. Hou^e 2.) HARDCOVEILCALCULATION WORKSHEET Length X X X B. Garage C. Driveway X X D. Sidewalk X X E. Polio/Deck X X F. Landscape Underlain By Plastic Of Fabric X X X Q. Ocher total HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE + B PROPOSED hardcover IN ZONE A. House Length X X X B. Oarage C Driveway X X D. Sidewalk X X E. Patio/Deck X X F. Landscape Underlain By Plastic Or Fabric X X X O. Other total hardcover in zone total PROPERTY AREA IN ZONE ♦ B : .. : : . 75-250'250-500' Widih XIOO Width X too - 500-1000* ______ 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 % S.F. S.F. S.F. S.F. ST. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. , O S.F. 9^.300 S.F. __o % A B t I : ^StfkN40^A ((.or 2. ) . ^ hardcover CALCULATIOinvORICSHEET '“CLE ONE) 0-75' 250 500* / / existing HARJDCQVEW in 7n.\'F A. Mouse 500-1000' Length X X X B. Garage C. Driveway X X D. Sidewalk X X E. Patio/Oeck X X F. Landscape Underlain By Plastic Or Fabric X X X 0. Other TOTAL HARDCOVER IN ZONE total property area in zone B PROPOSED HARDCOVER IN ZONK A. House Lcngih X X X B. Oarage C. Driveway X X D. Sidewalk X X E. Patio/Deck X X F. Landscape Underlain By Plastic Or Fabric X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE B Width X100 - . Width X100 - 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 S'ooo S.F. S.F. S.F. S.F. S.F. COCfO S.F. _______S.F. S.F. S,F. S.F. S.F. S.F. S.F. S.F. S.F. yA p _?r. >tyoRP A B EXHIBIT H - tor 5 N I fOCOP O^CrfCVI cn /, / \W \ Vm \ \ \ A \ \ \ \ \ Y A\\>V\X\ N \, )V \' w l\X\^v \ \ A V \ t i K ri' ■r I / \ /^ '^x A V \ :\ \ \ V A \ <! N \ / A V A \ \l r.?—/ \ J \ \ \ irx L Cpso.\i \ \ il / / / Co \ h \ V X \ XX r/ \ \ //\ n ) 's— I I / X/ V ^^5^\ ______-/*^ / / "■■' i 'L' I' M'"'//X' f' ^ ■ it Cco’f 3) / y existing HAJ>DCOVIf.R IN ZONK A. House / Length X X X B. Garage C Driveway X X D. Sidewalk X X E. Patio/Deck X X F. Landscape Underlain By Plastic Or Fabric X X X 0. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE ^ B £RQPOSED Hardcover in A. House Length 'X X X B. Oarage C. Driveway X X D. Sidewalk X X E. Patio/Deck X X F. Landscape Underlain By Plastic Or Fabric X X X G. Other TOTAL HARDCOVER IN ZONE total property area in zone + B Widih xlOO Widih OS 500-1000' 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 % S.F. S .. 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. X ioo « - __^ S.F. A 2. S.F. B - % ✓ »/ / / SETBACK ZONE: (CIRCLE ONE) EXISTING HAJU)COVER IN 7.nNF^ A. Holue (COT Sj H/UI^COVER calcul ation WORKEWiriTT LengUi 0-75' X X X X B. Oarage C. Driveway X X D. Sidewalk X X B. Potio/Deck X X F. Landscape Underlain By Plastic Or Fabric X X X 0. Other |T TOTAL HARDCOVER If I ZONE TOTAL PROPERTY AREA IN ZONE A - _________ + B PROPOSED HARDCQVKR IN ZONV^ A. House Length X X X B. Oarage C. Drivewoy X X D. Sidewalk X X E. Patio/Deck X X F. Landscape Underlain By Plastic Or Fabric X X X 0. Other ■mm 1 total hardcover in zone TOTAL PROPERTY AREA IN ZONE B 250-500'500-1000* Widih 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. xlOO Widih S.F. S.F. % A B S'OC/O S.F. S.F. S.F. S.F. S.F. Z OOP S.F. _________S.F S.F. S.F. SF. S.F. S.F. S.F. S.F. S.F. X100 - —_Z^££s.f. ___7VT. ZOP S F _____^.3? % A D 6im>\nei r • » •/ / ' SETBACK ZONE: (CIRCLE ONE) EXiyriNG HARnrovER IN ZONE A. House HARDCOVER^LCULATION WORKSIJL.ET Length X X X B. Garage C. Driveway X X D. Sidewalk X X E. Patio/Deck X X F. Landscap* Underlai By Plastic Or Fabric X X X G« Other TOTAL HARDCOVER IN ?ONE TOTAL PROPERTY AREA IN ZONE + B PROPOSED Hardcover tn zqnk A. House Length X X B. Oarage C. Driveway X X D. Sidewalk X X E. Petio/Dcck X X F. Landscape Underlain By Plastic Or Fabric X X X G. Other total hardcover in ZONE TOTAL PROPERTY AREA IN ZONE ^ ____________ B 75-250'2j0-500' Width a ar m xlOO Width X 100 - 500-1000' 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 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. 3 Q_____% /200 1 ' setback ZONE: (CIRCLE ONE) • y EXISTINil Hardcover in zonk ^ A. House w•» 0g »i v«vr/r ( c<^T Y J HARDCOVER CALCUL/mOii^ORKSHEET 0-75' C75-25^ 250-500' / / // UngUi X X X B. Gorage C. Driveway X X D. Sidewalk X X E Paiio/Dcck 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 PROPOglU) HARDCOVER IN ZQNlg A. House Length X X X B. Oarage C. Driveway X X D. Sidewalk X X E. Patio/Deck X X F. Landscape Underlain By Plastic Or Fabric m X X X O. Other TOTAL HARDCOVER IN ZONE total property area IN ZONE A _ _ _ _ _ + B 500-1000' Width XlOO Width 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 S.F. S.F. S.F. XlOO - a S.F. ^OOCf S.F. m S.R m a _ S.F. S.F. m SF.• 2 S.F. i J SR • ~S.F.• 2 S.F. S.F. iOOOsf A ^^ coo s F. n - • ~■?. V/ % ... _ ! i« j ^ 1 1 ✓ HARDCOVER CALCULATION WORKS HP. FT A. House T- 500-1000* Ltintfih / X X X B. Garage C. Driveway X X D. Sidewalk X X E. Patio/Dcck 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 FROPOSED HARDCOVER IN ZONK A. House Ungth X X X B. Oarage C. Driveway X X D. Sidewalk X X B. Patio/Dcck 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 xlOO Width S.F. SF. 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 Sooa SF. SF. S.F. S.F. S.F. SF __________S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. € cao S.F. X100 - Sr. 200 S.F. A B % • •• (cars') V-7-£fS HARDCOVER C/iLCULATION WORKSHEET ICLE ONE) 0-75’ 75-250* HSO-S^'. ' SETBACK ZONE: (C.'UCLE ONE) existin g HAJtDCQVER IN ' A. House / Length X X X B. Oorage C. Driveway X X D. Sidewalk X X E. Patio/De:k X X F. Landscape Underlain By Plastic Or Fabric X X X O. Other TOTAL HARDCOVER IN TONE TOTAL PROPERTY AREA IN ZONE A_____________+ B JgROPOSEP hardcover in ZON)?. A. House Length X X X B. Oarage C. Driveway X X D. Sidewalk X X E. Paiio/Deck X X F. Landscape Underlain By Plasiic Or Fabric X X X O. Other TOTAL H ardcover in zone TOTAL PROPERTY AREA IN ZONE A __ _ _ _ _ _ _ + B 75-250* QS0-5001> 500-1000' Width X 100 Width 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.P. A S.F. B % S.F. S.F. S.F. S.F. S.F. JSOa SF. __________S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. X100 ■ 5*? oo y. p S€, o S.F. . / 9 V. A B / ^r,K.r. ^ hardcover calculation woricsheet / SLTBACK ZONE: (CIRCLE ONE) 0-75’ 75.250- isn «;nn.BmOlig haju )cover in zone A. House / / ’. ;-;v Length m B. Oarage C. Driveway X X X X X D. Sidewalk X X E. Patio/Dcck X X P. Landscape Underlain By Plascic Or Fabric X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ^ _ _ _ _ + B PROPOSED HARDCOVER IN ZQN1«; A. House Length X X X B. Oarage C. Driveway X X D. Sidewalk X X E. Patio/Deck X X F. Landscape Underlain By Plastic Or Fabric X X X O. Other total hardcover in zone TOTAL PROPERTY AREA IN ZONE * B Width xIOO Width 00-1000' S.F. SF. SF. S.F. S.F. S.F. S.F. S.F. S.F. SF. S.F. S.F. S.F. S.F. S.F. S.F. S.F. •/. A B /^a o s F S.F. S.F. S.F. S.F. S.F. S.F. SF. S.F. S.F. S.F. S.F. SF. S.F. S.F. /SOc?S.F. X 100 S.F. A B I (cor c) V SETBACK ZONE: (CIUCLE ONE) EXISTIN G HAJtDCOVER IN ZONK A. House Length m. 4 B. Gorage C. Dri/eway X X X X X D. Sidewalk X X E. Patio/Deck X X F. Landscape Underlain By Plastic Or Fabric X X \ ■ X G. Other total hardcover in ?0NE TOTAL PROPERTY AREA IN ZONE A - _ _ _ _ + B proposed hardcover in ZONl A. House Length I , B. Garage X X X X C. Driveway X X D. Sidewalk X X B. Patio/Deck X X F. Landscape Underlain By Plastic Or Fabric X X X G. Other TOTAL Hardcover in zone TOTAL PROPERTY AREA IN ZONE ♦ B 75-250'250-500* y- 7-^5’ exhibit k 500-1000* Width X100 - . Width X100 «■ S.F. S.F. S.F. S.F. S.F. S.F. SJF. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. n % a B S.F. S.F. SF. 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 II' Ti I ifiiiHiBiiTiniii ^ f n !’ / r , i.’r.' Ci0TC)t - ✓ SETBACK ZONE: (CIRCLE ONE) EXISTING HARDCOVER IN ZONK A. House HARDCOVER CALCULATION WORKSHRIT t 0-75' X Length X X X B. Garage C. Driveway X X D. Sidewalk X X E. Patio/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 PROPOSED Hardcover in zqnr A. House Length X X X B. Oarage C. Driveway X X D. Sidewalk X X E. Patio/Dcck X X F. Landscape Underlain By Plastic Or Fabric X X X 0, Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE ^ B rS-250 250-500' Width 500-1000* 2 coo S.F. S.F. S.F. S.F. xlOO Width X100 - S.F. S.F. S.F. S.F. S.F. *fOOO S.F. - S.F. SF. S.F. S.F. S.F. Cooo S.F. 'i 7.900 S.F. o t % A B 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 1 * i. ✓ / IMP (^<T4r S'J HARDCOVER CALCULATION WORKSHEET ' SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' tfsSsooO EXISTING HARDCOVER IN ZONK ^ A. House </-7'OS Unglh C*4^rr M»o(f€__Width X X X B. Garage C. Driveway X X D. Sidewalk X X E. Palio/Deck X X F. LandKape Underlain By Plastic Or Fabric X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A __ _ _ _ _ _ _ ^ B PROPOSED HARDCOVER TN ZQNi; A, House Length ' X X X B. Oarage C. Driveway X X D. Sidewalk X X E. Patio^cck X X F. Landscape Underlain By Plastic Or Fabric X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE B xIOO Width xlOO - 500-1 COO* SF /€0 O S.F. _________S.F. _________S.F. S.F. / y> 9oe> S.F. , 2 S^ct r» S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. _2/^_9£OS.F. V/ S.F. /;p. .?iT »><. A 0 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 % / • / SETBACK ZONE: (CIttCLE ONE) / EXISTING HAJtDCQVER IN ZONK A. House »t ^ CO f Q J HARDCOVER CALCULATION WORKSHEET •r- /--OS 0-75' X /Length X X X B. Garage C. Driveway X X D. Sidewalk X X B. Patio/Deck X X F. Landscape Underlain By Plastic Or Fabric X X X 0. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE + B PROPOSED HARDCQVRR in ZQNh: A. House Length X X X B. Oarage C. Driveway X X D. Sidewalk E. Patio/Dcck X X F. Landscape Underlain By Plastic Or Fabric X X X 0. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A B 75-250'250-500'.500-1000 Width S.F. S.F. S.F. S.F. S.F. Vjgjg S F. ____ S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. xlOO Width S.F. A SCOn S.F. B ✓A / % S.F. S.F. S.F. S.F. S.F. SF. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. X100 - S.F. S.F. A B % m r\num i v\>:' ■ I'm ..V •* ^** *.' **• * ^**4ki.sI5 i\ • A V/. -. K ^ * • . c:-" ^ c‘ miK " *.'^*1* * * ..»r ^ ■ik. '.'li'wr* '^ • ■ ' >. ••^ V:' »* - «.* ’ --^f^-¥4r, atl.^ /i»» •* **^ ‘•^•'•w-r^ V. • . -» /fc ■ ^ .«‘r»'i '■*1 ,' k mk ** ^•-■^ ■'•i‘j*\ • •• , * f -*i ^&avV* \V. *V ■ . •y -:^ V--^ IIi: ■::i L>:i juv /»-r:i- '• *•» ,*1" ...;,. --^..V^ -. •' .._ . • V ;. r - - tv y :. ^ •■Jt.'.jiV imbAn.vwnu )l 02II7U3300I0 PROPAOOR 1410 SHOREUNEOR OWNERNAHE A HARRISON * IL HARRISON TAXPAYER ALFRED *MORIDLHARRIS(m NAME/AOOR 1410 SHORELINE DR WAYZATAMN SS39I 31 0311733410003 PROPAOOR 1700 FOX ST OWNER NAME CRAK3BANK ASSOCIATES TAXPAYER CRAIOBANK ASSOCIATES NAME/ADDK POBOX9300 DEPT2t MPLSMN SS440 31 03II72342000S PROPAOOR 1140 POX ST OWNER NAME J B MASSOPUST/L P MASSOPUST TAXPAYER JOHN B* LINDA F MASSOPUST NAME/AODR 300 WASHB4GTON AVE S 0400 MINNEAPOLIS MN 3S4IS 3t 0311723430002 PROPAOOR 1923 POX ST OWNER NAME IWAOSTROM ASHDOWN WATSON TAXPAYER I WAOSTROM ASHDOWN WATSON NAME/AODR 1923 FOX ST WAYZATAMN 33391 PROPAOOR OWNER NAME TAXPAYER NAME/AOOR Y »- raOPAOM OWNER NAME TAXfAYER NAME/AODR 31 0311723430003 100 BROWNROS S M MILLERA.C VICKERMAN lU USLE CUFPORO VICKERMAN HI SHEILA M MILLER 800 BROWN ROS WAYZATAMN 55391 i , 38 0311723440004 1685 POX ST M W CASHM AN R J L CASHMAN MICHAEL W/iENNWER L CASHM AN 1685 POX ST WAYZATAMN 55391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST PAGE: I 38 0211723330014 PROPAOOR 1655 FOX ST OWNER NAME R J MKjUORI R J LMKjUORI TAXPAYER RICHARO J R X)AN L MIGUORI NAME/AOOR 1655 FOX ST WAYZATAMN 55391 38 0311723410004 PROP AODR 1620 FOX ST OWNER NAME THE WAKEFIELD ORONO PTNRSHP TAXPAYER THE WAKEFIELD ORONO PTNRSHP NAME/AODR OO ROBERT J THEILER PO BOX 5628 MPLSMN 55440 38 0311723420009 PROPAOOR 1820 FOX ST OWNER NAME W DUNCAN MACMILLAN TRUSTEE TAXPAYER W DUNCAN MACMILLAN NAME/AODR 1820 POX ST WAYZATAMN 55391 38 0311723430003 PROPAOOR 680 BROWNRDS OWNERNAME MiOTTRSBOTT TAXPAYER MICHAEL J OTT NAME/AODR 680 BROWN RD S WAYZATAMN 55391 38 0311723440002 PROPAOOR 1745 FOX ST OWNERNAME SUADHAZHARI TAXPAYER SUAD H AZHARI NAME/AODR 1745 POX ST WAYZATAMN 55391 38 10117231 lOOOl PROP AODR 38 ADDRESS UNASSIGNEO OWNERNAME SUADHAZHARI TAXPAYER SUAD H AZHARI NAME/AODR 1745 FOX ST WAYZATAMN 55391 38 0211723410009 PROP AODR 38 ADDRESS UNASSIGNED OWNER NAME HENNEPIN CO REGIONAL RR AUTH TAXPAYER HENNEPIN CO REGIONAL RR AUTH NAME/ADDR 417 5TH ST N 8320 MINNEAPOUSMN 55401 38 0311723420007 PROPADDR 1860 FOX ST OWNER NAME WILLIAM L WALDRON JR TRUSTEE TAXPAYER WILUAM L WALDRON NAME/ADDR 1880 FOX ST WAYZATAMN 55391 38 0311723430001 PROP ADDR 38 ADDRESS UNASSIGNED OWNERNAME SUADHAZHARI TAXPAYER SUAD H AZHARI NAME/AODR 1745 FOX ST WAYZATAMN 55391 38 0311723430004 PROPADDR 760 BROWNRDS OWNER NAME T R BROWNE & S R BROWNE TAXPAYER THOMAS R BROWNE NAME/ADDR 760 SO BROWN ROAD WAYZATAMN 55391 38 0311723440003 PROPADDR 1695 FOX ST OWNERNAME R J &K SCATHCART TAXPAYER RICHARD ft KATHLEEN CATHCART NAME/ADDR 1695 FOX ST ORONO MN 55391 38 1011723110002 PROPADDR 38 ADDRESSUNASSiGNED OWNER NAME HENNEPIN CO RB jIONAL RR AUTH TAXPAYER HENNEPIN CO REGIONAL RR AUTH NAME/ADDR 4I7 5THSTN8320 MINNEAPOUSMN 55401 # 41 (Tb. // r* ^ * V \1 ■• • 2. V » 11*■ •I'll ltUNDATE:2/l4«DS 31 IOII723I2000I MOTAOM MOMOWNROS 3WNERNAME DAVDMtKBBAWIFe rAJCTAYOl DAVDMSKBB NAMB^AOM UO BROWN ROAD SOUTH WAYZATAMN SS39I SI tOII723l2000S PRORAOOR 1003 HBRITAOBLA 3WNBRNAMB SLALIURSON TAXEAYBR STBmDILAUICINDAILARSON ^AMWAOOR IMS HBRITAOE LA WAYZATAMN 93391 I'. Ill/31 III 1723: HIORAODR 31 ADDRESS UNASSKSNCO 9WNERNAME HENNEHN00RB0K)NALRRAUTH TAXTAYBR HENNEPM 00 RBOIONAL RR AUTH 'lAMWAOOR 4l7STHSTNf320 MINNEAEOUSMN S940I m. H - **. -r- ' : i-.- HENNEPIN COUNTY PROPERTY INFORMATKm SYSTEM PRGPERTY OWNERS LIST 31 1011723120003 PROPADDR 930 BROWNRDS OWNER NAME B JJUDOE&J M MORRISON TAXPAYER BARRY JUOOE/JUUE MORRISON NAMWADDR 930 BROWN ROAD WAYZATAMN 33391 31 1011723120004 PROPAOOR 940 BROWN RDS OWNERNAME A*CX)HNSTON TAXPAYER ALEXANDER/CATHERINE JOHNSTON NAME/AODR 940 BROWN RO S WAYZATAMN 33391 PROPADDR OWNERNAME TAXPAYER NAME^ADDR 31 IOII723I3000I 1023 HERITAGE U S L BYRNES JR * P S BYRNES PAMELA A STEPHEN L BYRNES JR 1023 HERITAGE LA WAYZATAMN 33391 31 IOII723I400I4 PROP ADOR 1700 SHORELINE DR OWNERNAME IRWINLJACOBSETAL TAXPAYER IRWIN L JACOBS NAME/ADDR ITOOSWJRELINEDR WAYZATAMN 55391 PROPADDR OWNERNAME TA3CPAYER NAMWADOR 31 0211723340014 31 ADDRESS UNASSIGNED HENNEPIN CO RBOIONAL RT. AUTH HENNEPIN CO REGIONAL '<R AUTH 4I7STHSTN9320 M04NEAPOUSMN 33401 3 I CERTIFY THATTHE FACTS REPRESEOTED ARE AN ACCURATE AND TRUE REFRESENTATKm OF INFORMATION AS TT APPEARS THIS DATEONTHE RECORDS OF THE HENNEPIN COUNTY TAXPAYER SERVICES UPARTMENIHO THE Bl »MVKNOWUDOE*NDBEUBF.^^^2/i^^ /_Z' j V r *4 0 ' St/ ; * ■■ PACE: 2 I m i t 1 .jadi: ■ ? 1l! b 1 • • • Memoianduin Tk Janice Gundlach CC: Frem: Willie Gibbs ISTS/6ttilding Inspector 6/23/200S Ra: 174S and I76S Fox Street Subdivision Request The septic systems at the two above described propeities are considered non-compliant in the City of Orono’s septic inventory data base. The septic system for 1745 dates back to 1963 and does not meet any (0) separation to the saturated soil zone. The septic system for 1765 is a cesspool and a very tnaU aoioum of drainfield. This drainfteld has three inches of separation to the saturated zone and the ahe it unknown. The City of Orono's Individual Sewage Treatment System Standards Ordinance #199 Subdivision 4, Pan H specifically states that no subdivision, lot division or replatting for the purpose of creating a new building site shall be approved by the City until all existing ISTS have been inspected and certified by the City as being in compliance with this Section. Since the septic systems for the property do not meet code they must be updated before final plat approval is given by the City. Please feel free to call with any questions you may have. i t .V SliiFlillfiil 4 ►Dale Application Received: 3>l8-05 Date Application ConeMered as Coaipletc: 5>3>0S 60-Day Rev'ew Period Expires: 7-2-OS «*ccTiKJG JUN 2 7 2005 REQUEST FOR COUNCIL ACTION CITY OF ORONO Date: June 23,2005 Item No.: ^ Dcpartnicnt Approval: Name: Janice Gundlach)^ Title: City Planner Administrator Approval:Agenda Section: Zoning Item Description: 1105-3100, Larry & Sheryl Palm, 1146 Wildhurst Trail - Variance - Resolution Zoning District: Lot Area: Lot Width: LR- IB, One Family Lakeshore Residential District (1 acre minimum) 0.64 acres (27,980 s.f.) 66* @ shoreline; 70* @ 75* setback (140* required) Lbt of Exhibits A - Resolution per Planning Commission Recommendation B - Signed Wall Agreement C - Elevation Views Showing Walls Proposed D - PC Action Notice dated 6-21-05 E - PC Memo and Exhibits of 6-17-05 AppUca^n Sumimry: Applicant requests the following variances in order to construct a new residence on an existing lot; 1. Lot area variance to permit construction of a new residence on existing lot 0.64 acres in area when 1.0 acres is normally required. 2. Lot width variance to permit construction of a new residence on an existing lot 66* in width at the shoreline and 70* in width at the 75* setback when 140* in width is normally required. 3. Conditional use permit to allow retaining walls and grading within 5* of a lot line. Planning Commission Recommendation The Planning Commission voted 6-0 to approve the requested lot area and width variances and the conditional use permit to allow a l etaining wall and grading within 5* of a lot line under the following conditions; 1. The grading plan be revised to show the tail end of the retaining wall to encroach over the northern side lot line by no more than 3 feet, 2. A signed ownership/maintenance agreement by both property owners be submitted and accepted by tlie City Council, 3. The proposed retaining walls be screened as viewed fix>m the lake, and 4. City Engineer acceptance of the final grading plan including implementation of a rain garden or similarly graded landscape feature prior to City Council review. Staff Rccomncndation A resolution is attached in accordance with the Planning Commission’s recommendation. If the Council concurs with the Planning Commission’s recommendation and if the applicant has provided staff with a grading plan meeting the 4 conditions noted above prior to the meeting, then a motion to adopt the resolution is recommended. However, due to the request for a conditional use permit to allow a retaining wall within 5’ of a lot line and due to denial of similar requests in the recent past, staff would offer the following comments relating specifically to the need for the retaining walls: • The qiplicant’s main floor level for the proposed home is located at approximately 982.5 with die walk-out level at 971.67. The main floor level of the existing home is located at iqiproximately 971.67. This means the proposed home will be set over 10 higher than the existing home. • Because the proposed home is set so much higher than the existing home, and because the lot slopes towards the lake fairly dramatically, in order to have a flat yard out the walk-out level of ^ proposed home, a massive retaining wall system is necessary. The same proposed home could be constructed without the need for a conditional use permit tc allow a retaining wdl within S’ of a lot line, although the drainage would not be controlled nearly as well as it will be with the wall. City Code Section 78-1283 states the following in relation to the aesthetics of such a massive wall: "Ar^ applicant requesting a permit for construction of sewage treatment systems, roads, driveways, structures or other improvements on steep slopes shall provide adequate information to allow the city to evaluate possible soil erosion impacts and development of visibility from public waters before such permit may be issued When determined necessary, conditions shall be attached to issued permits to prevent erosion and preserve existing vegetation screening of structures, vehicles and other facilities as viewed from the surface ofpublic waters, assuming summer, leaf-on vegetation." Steep slopes are defined as ”lands having average slopes of 12 percent or greater as measured over hcHizontal distances of 50 feet or more, that are not bluffs”. This site meets this definition and the Council should consider whether this plan meets the aesthetic intent of the steep slope ordinance, and whether the drainage benefits the neighbors realize because of the retaining wall design outweigh the negative visual impacts of the retaining wall design. COUNaL ACTION REQUESTED Adopt or amoid the attached resolution granting lot area and lot width variances and a conditional use permit for 1146 Wildhurst Trail, Or, Other action not yet determined. I ■f m- %■ J-r. ■■ laiip I "- > y.tjM y r>* A RESOLUTION GRANTING VARIANCES AND A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTIONS 78-330 (B) AND 78-967 (B) FILE NO. 05-3100 WHEREAS, Lawrence J. Palm and Sheryl L. Palm, husband and wife (hereinafter ’the applicants”) are the owners of the property located at 1146 Wildhurst Trail within the City of Orono (hereinafter the “City”) and legally described as follows: Lot 26, TONKAVIEW GARDENS, Hennepin County, Minnesota (hereinafter the “property”); and WHEREAS, the applicant has made application to the City of Orono for lot area and lot width variances and a conditional use permit per Orono Municipal Zoning Code Sections 78-330 (B) and 78-967 (B) to allow construction of a new residence on an existing lot 0.64 acres in area when 1.0 acres is normally required, 66* in width at the shoreline and 70* in width at the 75* setback when 140* of width at both locations is normally required, and a conditional use permit to allow grading and retaining walls within S* of a property boundary. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: nNDINGS I. This application was reviewed as Zoning File 05-3100. 2.The property is located in the LR - IB, One Family Lakeshore Residential District which requires a minimum lot area of 1 .0 acres and a minimum lot width of 140* at the shoreline and 75* setback. 3.The Planning Commission reviewed this application at public hearings held on May 16, 2005 and June 20, 2005 and recommended approval of the variances and conditional use permit based on the following findings: m f Page 1 of 5 a. The lot is an existing lot of record where the existing home pre-dates the current ordinances. b. Ilie applicant is not able to acquire additional property without neighboring properties becoming more non-conforming than current. c. The applicant has proposed a plan meeting setbacks, hardcover, building height, and structural coverage limitations. d. The City Engineer has approved a grading plan for the proposed home. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variances and conditional use permit on the health, safety and welfare of the community. 5. The City Council flnds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances and conditional use permit would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difheuity; is necessary to preserve a substantial property right of the applicants; and would be in keeping with tlie spirit and intent of the 2^ning 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 lot area and lot width variances and a conditional use permit per Orono Municipal Zoning Code Sections 78-330 (B) and 78-967 (B) to allow construction ->f a new residence on an existing lot 0.64 acres in area when 1.0 acres in normally required, 66* in width at the shoreline and 70 ’ in width at the 75 ’ setback when 140 ’ of width at both is normally required, and a conditional use permit to allow grading and retaining walls within S’ of a property boundary, subject to the following conditions: Page 2 of 5 1 I. Council approval is based on the site plan submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Proposed hardcover in the 0-7.^’ zone shall not increase above the level of 0 s.f. or 0% following removal of all existing hardcover. Hardcover in the 75’-2S0’ zone shall be limited to 3,255 s.f. or 25% and hardcover within the 250’-500’ zone shall be limited to 2,952 s.f. or 30% per the proposed plan and hardcover allowance sununary as depicted on Exhibit A. Applicant is advised that any future requests to increase hardcover shall require City approval, and increases in hardcover will not likely be approved above the limits allowed by Section 78- 1 288. 3. Applicant shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. 4. Required removals of structure and hardcover shall be completed prior to the footing inspection for the proposed home. 5. 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 I>ermit for the new construction within one year of the date of Council approval, or the variance and conditional use permit will expire on that date (June 27, 2006). 6. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants’ heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 27*’’ day of June, 2005. Page 3 of5 : j: v;.;. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of __, 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of j 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 •: . "id Page 4 of5 r.f* .J*. STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this__day of by Lawrence J. Palm, husband of Sheryl L. Palm, husband and wife. .2005 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this__day of by Sheryl L. Palm, wife of Lawrence J., husband and wife. .2005 Notary Public Page 5 of 5 AGREEMENT THIS AGREEMENT (“Agreement”) is made and entered into by and between Larry Palm and Sheryl Palm, husband and wife (“collectively referred to as the “Palms”) and Sandy EriRson and Maggie EriR:son, husband and wife (“collectively referred to as the “Eri4( sons”). WHEREAS, the Palms are the current owners of certain real property located in Hennq>in County, I^nnesota and which is commonly known as 1146 Wildhprst Trail, Orono, Minnesota (the “Palms’ Property”); WHEREAS, the Erilksons are the current owners of certain real property located in Hennq)in County, Minnesota and which is commonly known as 4455 Forest Lake Landing, Orono, Minnesota (the “Eri4csons’ Property”); WHEREAS, as a result of the topography of the Palms Property, the City of Orono (“City") is requiring the Palms to construct a retaining wall on their ^perty; WHEREAS, in order to comply with the City’s request, a portion of the Palms’ retaining wall will need to encroach on the Erik sons’ Property; WHEREAS, the Palms and the Eridksons desire to enter into this Agreement, wherein the Eri«k:sons are willing to allow a portion of the Palms’ retaining wall to be located on their Property on the condition that the Palms maintain the retaining wall as provided herein. NOW, THEREFORE, for ^K)d and valuable consideration, the receipt and adequacy of which is her^y acknowledged, the parties her^y agree as follows: 1. The recitals stated above constitute and form an integral part of this Agreement as if stated herein in full. 2. On the condition that the Palms maintain the retaining wall in a good and satisfactory condition and agree to maintain and make any necessary repairs, at tlieir sole expense, the Eriffcsons agree to grant permission to the Palms to allow for a portion of their retaining wall to be located on the ErfRsons’ Property. 3. This Agreement shall inure to and bind the parties hereof and their retq>ective heirs, legal rqrresentatives, successors and assigns. 4. The parties represent that this Agreement has been executed in the State of Minnesota, and this Agreement shall be governed in all respects by the laws of the State of Minnesota. it i J > • »• ' y S. No change, addition or modification of this Agreement shall be binding unless it is in writing and signed by both parties. 6. It is expressly acknowledged and agreed that all understandings by and among the parties are expressed in this Agreement and the terms hereof are contractual in nature and not a mere recital. IN WITNESS WHEREOF, the undersigned have made and entered into this Agreement as of the day and year stated below. Sandy Eri4tson Dated: ( r - 11 • • t . . . : ■ • ■ A.r ’ *' ■■ ■ •' ''T'i W ‘tuixL^X-J das^eMWesonMaggie Dated: ------- . - . ' •• >• ‘-.r mI mm 1 ti I ■■ I !■ ■ ~. ~ n'^.'*r'v7““ i“*3 ” ■lllil^/ •’- r - --------------— * *->Tv c^-- ■ ■:■ = ■'|: --• - ■' ^:t y ir^^-isss \. W&45^'■.••'••* 5imitimm KVi^ .ii..". ^:S- rt' :. v3k-.V'S 2i:v — '£«s-'. ::»ij lir^' ^>'V' m-if ' r ■ T. - _ ’ V Ii >£r-^■illpiiiilB ■ f'i - iL m m 0m^ ;- v^ - ^'n V-msm ‘.4: ■. ......’'s ilSIii I- . .=;. "•'••;■:/■. ■/..;• .? • 4. /V.'S V’ ‘t -'s :.\ -, u^r-fA « :;ivi;Vjwa mss^ OM.9imicniM.Norei KfltMM3aHCMM»m(MMtLA>it)UrMrOfiC9(KY.EMGWMPI-JO01 ftjmJBRB ■tMMC KK MURM0 T>€ JO0TSU00 AIS C>rA0l£ OF SUFfOKtM 4O10& Oe/^UM) aOiiaUFtUW0>#14»O»FTHAMAa4l>i<OBUCW 1/460. I 1 -/—^ li 1 1 i [ ' 1 • 11 ncm 01^ W1 CMei(ff' “■{ U J 1 i 1 — •u ;Ja I* « .-4-1- p - ■ .TT - ■ k i;s*sm Wk lt MMo aHOMM e rat (iB«M. lAVDur niTOB (KY. B«iicBiD hjoer flwnet e OMraieMURNsncja0r»iMPAHDif/«uapautranK>4oiMoi/«uv« tatt«<iowft>B<Mii>im<Ai»wia<uM(wuCTaNg i/4ao _J —*» PRQPQSEP UPPER LEVEL PLAN 1 J ftCALi: MVm y-cr tmtlMAflA •MMOl MISMi. eONSMOrt.VnUlIMM 4.9menititN0ft «MMS flNONN » KK OBOM. lAvour nivoBB OMY. BiOMBW i-jasr amet e entranu0juonmxtn\ammc/e/M(raumKno*oiae^ctMnofOtiaetWtwtocmmMAuniAUNMMvmjtcnonv i/4ea ___________ V.'' ■ CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Ciyatal Bay, MN 55323 (952) 249-4600 ZONING FILE: 05-3100 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: June 21.2005 TO:Larry A Sheryl Palm 5500 Anderson Estate Road Maple Plain, MN 55359 COPIES: TYPE OF APPLICATION:Lot Area/Width Variances, Conditional Use Permit DATE OF MEETING: June 20,2005 Ptannlng CoMnisilon recommended at follows: To approve the requested lot area and width variances and the conditional use permit to allow a retaining >^1 and grading within 5 ’ of a lot line under the following conditions: 1. The grading plan be revised to sha-Ky the tail end of the retaining wall to encroach over the northern side lot line by iw more than 3 ’, 2. A signed ownership/maintenance agreement by both property owners be submitted and accepted by the City Council, 3. The proposed retaining walls be screened as viewed from the lake, and 4. City Engineer acceptance of the final grading plan regarding implementation of a rain garden or similarly graded landscape feature prior to City Council review. VOTE:FOR AGAINST Applicant's next scheduled meeting is confirmed as: City Connell - Monday, June 27,2005; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission or Council minutes, they are available fipom the City Recorder after review and approval by the Planning Commission or Council. If you have questions, please call City Planner Janice Gundlach at 952-249-4623. * m F:*. NOS-3100 June 20,200S Page I of3 Date Application Received: 3-18-05 Date ApplicatiOB Considered as Complete: 5-3-05 00-Day Review Period Espircs: 7-2-05 To;Chair Rahn and Planning Commission Members Ron Moorse, City Administrator From: Date: Janice Gundlach, City Planner^^ June 17,2005 Subject:05-3100, La^ & Sheryl Palm, 1146 Wildhurst Trail, Lot Area/Width Variances - Public Hearing Zoning District: Lot Area: Lot Width: LR- IB, One Family Lakesbore Residential District (1 acre min.) 0.64 acres (27,980 s.f.) 66* @ shoreline; 70 ’ @ 75’ setback (140’ required) Ap^kaiion Summary: Applicant requests the following variances in order to construct a new residence on an existing lot: 1. Lot area variance to permit construction of a new residence on an existing lot 0.64 acres in area when 1.0 acres is normally required. 2. Lot width variance to permit construction of a new residence on an existing lot 66’ in width at the shoreline and 70 ’ in width at the 75’ setback when 140’ in width is normally required. 3. Conditional use permit to allow retaining walls and grading within 5’ of a lot line. Stqff RecoumremUrtiou: Staff recommends: 1. Approval of the requested lot area and lot width variances. 2. Ai^roval of the conditional use permit to allow retaining walls and grading within 5’ of the lot line, however the plan submitted and attached to this report as Exhibit A must be revised prior to Council review pending conclusions by the Commission regarding the following: • Requirement of a rain garden or an alternate graded landscape feature that will spread water out over a wider area where the swales converge on the lake side of the walls, rather than concentrating the water at the end of the swales to a single point, • The wall design should be revised on the grading plan whereby the tail end of the wall extends over the lot line. The length of this wall should be minimized. • Agreement with adjacent property owner on the ownership and maintenance of the wall constructed over the lot line, ________• Screening of the walls from the lake. List of Exhibits Exhibit A - Revised Grading Plan Exhibit B - Notice of Planning Commission Action dated 5-17-05 Exhibit C - PC Minutes of 5-16-05 M5-3IOO JttM20,2005 Page 2 Of3 Exhibit D - Memo from Building Inspector Bruce Vang dated 6-17-05 Exhibit E - Applicants Proposed Maintenance Plan for Wall Encroachment Exhibit F - PC Memo and Exhibits of 5-6-05 Background The applicant appeared before the Planning Conunission at the May meeting requesting variances and a conditional use permit to permit construction of a new residence on an existing lot. The consensus at that time was the majority of the Commission was receptive to approval of the lot area and lot width variances based on past approvals of similar {qrplications; however a grading plan acceptable to the City Engineer would have to be sulmitted prior to any recommendation to the City Council. The Planning Commission discussed at lengtli the retaining walls needed to develop the lot and determined that a wall on the lot line would be acceptable, but concern over the materials of the walls and how they would be screened needed further refinement. Also, there was positive reception to a poured wall with a textured finish. Ultimately, the application was tabled pending City Engineer approval of a grading plan. The City Engineer and Building Inspector Bruce Vang met out on the site to discuss an ai^ffopriate grading plan that would benefit the neighbors, protect the interests of the City, and be some^at of a compromise of the four different plans submitted by the applicant. Exhibit D discusses the conclusions made by the City Engineer and Building Inspector following their site visit and how the grading plan should be revised in order for it to be acceptable to the City. From stafTi perspective the follow concerns have yet to be addressed: The current plan shows the two swales converging on the lake side of the walls. The concern with the current plan is that something needs to be physically done to the land in this area that will ^low the water to spread out over a wider area rather than concentrated into a single point - having the potential to create a gully. This is unique to this lot due to the steep grades and the narrowness and steepness of the swales needed to accommodate he extraordinary amount of water running downhill. Protection of the lake from erosion is staffs intent with the rain garden proposal. If a method for spreading the water out to prevent the creation of a gully cannot be done, staff believes the proposed house should narrow up by approximately 5’ so that the swales can be wider and shallower and have less potentid to erode. The current plan shows a wall extending along the lot line for 21 ’ but never does the wall go over the line. The actual wall design needs to be further refined whereby the tail end of the wall crosses the line. The piece of the wall over the line should be the minimum length needed. The City Council has been unreceptive to allow retaining walls within 5’ of a lot line, even for homes on extremely steep slopes (most recently a similar request Lk,*i J M5-3I00 J um20,2005 PagtSofS was denied at 4753 North Shore Drive - Minnetonka Custom Homes). Staff feels a formal easement allowing the wall over the lot line would most cleanly address the ownership and maintenance issue, should that part of the wall fail in the future and new owners no longer understand the original agreement or intent of the wall design. No formal easement has been proposed by the applicant, but rather an agreement, which is attached as Exhibit E. A specific screening plan hasn ’t been requested or submitted. Does the Planning Commission want to see a screening plan? Issues for ConsMcratlon 1. Should the grading plan include the requirement of a rain garden, or similar physically graded landscape feature, which would prevent erosion of the lakeshore ya^ and subsequently negative impacts to the lake? 2. Is the Planning Commission comfortable with the agreement submitted regarding the encroaching retaining wall? 3. Should a wall screening plan be submitted as part of the conditional use permit? 4. Are there any other issues or concerns with this application? Staff Recommendation 1. Approval of the requested lot area and lot width variances. 2. Approval of die conditional use permit to allow retaining walls and grading within S’ of the lot line, however the plan submitted and attached to this report as Exhibit A must be revised prior to Council review pending conclusions by the Commission regarding the following: Requirement of a rain garden or an alternate graded landscape feature that will sfKcad water out over a wider area i^ere the swales converge on the lake side of the walls, rather than concentrating the water at the end of the swales to a single point. • The wall design should be revised on the grading plan whereby the tail end of the wall extends over the lot line. The length of this wall ^uld be minimized. Agreement with adjacent property owner on the ownership and maintenance of the wall constructed over the lot line, Screening of the walls from the lake. rt ■ CITY OF ORONO 27S0 Kdlcy Parkway P.O. Box 66 Cryital Bay, MN 55323 (952)249-4600 ZONING FILE: 05-3100 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: May 17.2005 TO: Larry & Sheryl Palm 5500 Anderson Estate Road Maple Plain. MN 55359 COPIES:Blake Bichanich Blake & Associates 332 West Lake Street Orono. MN 55356 TWHE OF ^nJCjkTION^____V?n‘anccs. Conditional Use Pjnmit DATE OF MEETING: May 16.2005 PlaBilag Commlssioa recommended as follows: To table until City Engineer approval of a grading plan. VOTE:FOR AGAINST ^iplicant’s next meeting is tentatively scheduled for: Planning Commission - Monday, Jnne 20,2005; meeting starts at 6:00 p.m. pending acceptance of a grading plan by the City Engineer. If you desire certified copies of the official Planning Conunission or Council minutes, they are available from Ae City Recorder after review and qiproval by the Planning Commission or Council. If you have questions, please call City Planner Janice Gundlach at 952-249-4623. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Moiday,Mayl6,200S 6:M o'clock p.m. Jui:gcns indicated he would prefer to see the specific plan prior to approval. Raba aiovedy Kcmpf sccoaded, to recommend approval of AppUcatioa d0S-3102y Kathryn Aleiandcr for Stonewood Dcsifn/Bulldy 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 Op| Jurgens reiterated he would prefer to see the specific plan prior to approving it. NEW BUSINESS 3. 005-3100 LARRY AND SHERYL PALM, 1146 WILDHURST TRAIL, VARIANCE AND CONDITIONAL USE PERMIT, 7:24 P.M. - 8:25 P.M. Sheiyl and Larry Palm, Applicants, and Blake Buchanich, 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 concerns 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 plans 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 SO 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 PAGE 12 « ■ -1 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, May 16,2005 6:00 o’clock p.m. Gundlach noted the building inspector is requesting that this application not be moved forward to the City Council pending approval of the grading plan. Staff is also recommending tabling the application to allow the City Engineer to review the latest grading plan. Gundlach displayed grading plan number four that was received on Friday depicting the location of the retaining walls, noting that the elevation of the retaining wall may not work with the proposed grading plan. Buchanich stated th^ have gone through a number of revisions to the grading plan due to concerns raised by Staff. Buchanich stated the house to the north, when it was constructed, was cut into the hill which has resulted in a steep grade and has created an abnormal condition to the north. Buchanich stated the idea of oonstnicting a retaining wall to the right was to help mitigate some of the runoff issues on this lot as well as the adjoining property that will continue with the property following construction of the new residence. Buchanich stated the applicants have revised their plans to address the requirement that the retaining wall not be located within five feet of the adjoining property. Buchanich stated under this plan the applicants are not able to divert as much of the neighbors’ runoff as originally proposed. Buchanich noted under the latest proposal the mqjority of the drainage is being diverted to the south and that very little water goes along the north property line, which is significantly different than what currently exists. Buchanich stated the retaining walls being proposed are two>tier, with a five-foot wall and a six-foot wall being propoaed. Rahn inquired whether the City Engineer has reviewed this plan. Gundlach stated Staff received the plan on Friday and that the City Engineer has not reviewed it Rahn noted the City Engineer would need to review the plan prior to the Planning Commission making a final decision on it Buchanich staled the current plan does address the concerns raised by the City Engineer over the past month. PAGEU MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, May 16,2005 6:00 o*dock p.m. Gundlach stated one of the neighbors has contacted Staff today to notify the City that they have not seen the latest revised plan. Larry Palm stated he has submitted grading plans a number of times based on staff comments and that they have taken steps to address all the concerns brought to their attention. Gundlach stated the City Engineer did review grading plans one and two. Gundlach indicated the City Engineer has not reviewed plans three and four, which were subniltted last week. Palm stated plan two was drafted based on comments from the city engineer and in an effort to address issues raised in the southwest corner. Palm stated grading plan number four is what they are proposing at this time. Palm stated roof gutters and drain tile would be installed along the entire length of the house. Rahn inquired whether there are any public comments regarding this application. Maggie Erikson, 44SS Forest Lake Landing, stated they have had a number of discussions with the applicants regarding the drainage. Erikson stated they handle the runoff from their property but that the runoff fiom the hill needs to be addressed. Erikson stated in her opinion there is not adequate room for a swale and that they would prefer the retaining wall along the property line. Palm stated the only difference with plan number four from the previous plan is that the retaining wail is located five feet off the property line to comply with the City’s regulations. Palm indicated he also would prefer the retaining wall to be located along the property line. Sandy Rasmussen, 1186 Wildhurst Trail, indicated she has had an opportunity to discuss the project with the applicant and that she has two areas of concern, one dealing with erosion and the other dealing with the trees along the property line. Rasmussen noted the property was originally covered with buckthorn and that in the process of developing the property the lot had been clear-cut. Rasmussen stated the house faces the lake and that in the area down to the water there are a number of mature trees they would like to have protected during the construction process. Rasmussen stated the applicant has assured them that the trees would not be impacted during the construction but that they would like a fence to be erected while construction is ongoing. PAGE 14 r MINUTES OF THE ORONO PLANNING COMMISSION MEETING Mondayt May 16« 2005 0:00 o*dock p.m. Rasmussen noted there are some trees that would be lost as a result of the construction and that they are requesting that those trees be replaced on a three to one or four to one basts. Rasmussen stated they also would like the applicant to bear the cost of removing those trees. Rasmussen stated the natural grading of the property shifts direction from the north to the south towards their property. Rasmussen stated their property is located two to three feet lower than the subject property and that they would like some assurance that the runoff is addressed in that area. Rasmussen indicated they would not be opposed to a berm in that area. Rasmussen stated they do not have any issues with the layout and footprint of the house, but indicated they would like to see the buffer replaced on their side of the swale. There were no further public comments. Kellogg indicated he has not had a chance to review the latest drainage plan until tonight. Kellogg stated the previous concerns dealt with the drainage and how it should be handled. Kellogg stated some issues for discussion are whether the size of the house is appropriate for the lot and is the footprint situated in the right position. Kellogg stated the perception from the lake should be taken into account when considering the two-tiered wall. Kellogg stated the grades of the swale are also a concern, noting that a five percent swale is typically the maximum on a slope without some further engineering. Rahn inquired whether the height of the wall would be reduced as it goes further north up into tlie property line. Buchanich stated the height of the wall would decrease as it goes near the property line. Kellogg stated in his opinion aliowing the wall to encroach within five feet of the property line is a better solution. Buchanich stated they would like to direct the drainage into the center of the lot. Rahn stated he would like to see a gradual swale. Rahn inquired what type of screening is being proposed and what type of materiab would be used to construct the wall. PAGE IS t . I MINUTES OF THE ORONO PLANNING COMMISSION MEETING MoMiay, May 16,2005 6:00 o’clock p.ai. Biichanich stated the closest portion of the wall would be located I SO feet from the lake. Rahn stated he would prefer to see a more detailed lake elevation showing ,he walls and the screening for the walls. Rahn inquired whether a decision has been made on the type of materials for the walls. Palm stated their choices are block, boulder or Keystone. Rahn stated another option would be a poured wall, noting that the potential failure of the wall is another concern. Palm staled they originally considered a poured wall but changed to a keystone wall because they did not think the City would approve a poured wall. Palm stated a Keystone wall would be an engineered wall. Bremer stated one of the concerns with the retaining wall is the appearance from the lake, the screening. and the rnnount of distance between the two walls. Kempf suggested the applicant consider planting shrubs along one of the tiers. Palm slated their intent is to plant arborvitaes to help screen the wall. Jurgens stated anodier point to consider is the fact that at one point the wall would not be perpendicular to the lake but rather to the neighboring property and that some type of screening for the neighbor would be desirous. Jurgens indicated he did visit die site and in his opinion, given the slope, some type of retaining wail is necessary. Jurgens expressed a concern regarding a small collection basin on the north end of the garage with a 12-inch pipe over to the swale. Jurgens questioned whether the swale would be able to handle all the runoff if the 12-inch pipe is full and requested the City Engineer review that issue. Jurgens noted trees over six inches were removed from this property and questioned whether a replacement plan has been proposed or is necessary. Gundlach stated every tree that has been removed is not protected by City code. Buchanich stated Oronberg has done full runoff calculations for this site, including the neighbor’s runoff. Buchanich pointed out the site itself has a greater than five percent sir pe, which makes it difficult to create slopes that are less than five percent PAGE 16 MINUTES OF THF ORONO PLANNING COMMISSION MEETING > 'Moaday, May ^ 2005 6:00 o’clock p.m. Rahn stated the underlying issue that creates the length of the swale and the retaining walls is the size of the liouse and garage being proposed. Gaffron stated it is 9S feet. Rahn stated the length of the house on the site also creates some of the issues with drainage. Rahn inquired whether the proposed basement floor is higher than what currently exists. Buchanich stated the new house would be located approximately 20 feet back. Palm stated if the house is slid back, it creates more green space, which makes it more difficult to manage the water runoff. Palm stated the purpose of locating the house in this spot is to allow easier access to the garage.m Rahn indicated he has a concsm with the length of the proposed house and that a smaller house would impact the elevation. Buchanich stated if the house is located further back, the slope of the driveway would exceed 15 percent Bremer indicated she is agreeable to granting the lot area and lot width variances but that some direction needs to be given to the applicant on the drainage issues. Bremer inquired whether the other Planning Commission members are in favor of granting the lot area and lot width variances. Rahn stated due to the topography of the lot, the size of the house and the amount of hardcover being proposed in two zones contributes to the drainage problems on this lot Rahn reiterated that he would prefer to have a drainage plan that has been reviewed and approved by the City Engineer prior to revictwing this application. Palm stated as it relates to the water runoff off the hill, they can manage that runoff and that they are dealing with issues further up the hill. Palm stated the existing house is less than half of what is being proposed and that they are unable to control the runoff issues. Palm indicated the lar^r house would give them the ability to control the runoff and that a lot of effort has been put into designing these plans to deal with these issues. PAGE 17 ‘to, f i MINUTES OF THE ORONO PLANNING COMMISSION MEETING Moaday, May 16,2005 6:00 o*clock p.ia. Rahn stated he probably would be in agreement with the proposal if the city engineer approves the drainage plan and that it is difficult to act on an application without that approval. Bremer stated in her opinion this is a buildable lot and that she would be in hivor of the lot area and lot width variances. Bremer stated she also is in agreement with allowing the retaining wall to go up to the property line. Rahn stated he does not want to hear later that the drainage plan may not work given the length of the house. Palm stated he would be able to save a month if he is allowed to go before the City Council with a drainage plan that has been approved by the city engineer and staff. Wink^ inquired whether there is anything else that Rahn is concerned about should the city engineer approve the drainage plan. Winkey indicated he would not be opposed to moving the application forward to the CHy Council subject to staff approval of the drainage plan. Kempf indicated he is not opposed to the lot width and lot area variances. Kempf noted a letter from Bruce Vang has been received which says the extreme topography of this lot makes it one of the most difficult lots to construct on in Orono. Kempf stated in his view it is valuable to see elevations of what will be seen fhxn the lakeshore and tfiat it would be valuable to have information concoming the type of materials the wall would be constructed of Kempf noted if the wail ever did fail, the neighboring house located below the wall could face potential devastation and life-threatening impacts to that property owner. Kempf stated he would prefer to see a poured wall with some type of texture. Kempf indicated he would prefer to see more information on the proposal before moving it forward to the Council. Gundlach noted Staffs recommendation and the City engineer’s letter has stated the wall should be located at least five feet off the property line. Gundlach inquired what conditions would be imposed if the wall is located within five feet of the property line. Palm stated they would prefer having the wall flare towards the property line. PAGE 18 1 I s i t i MINUTES OF THE OHONO PLANNING COMMISSION MEETfffG Monday, May 16,2005 6:00 o’clock p.ai. Rahn noted the nuijority of the wall would be located more than five feet away from the property line. Palm stated he would like crystal clear direction on exactly what the Planning Commission wants to see on the retaining walls, noting that he has spent thousands of dollars in an attempt to comply with the direction given 1^ staff. Rahn reiterated he would like to see detailed elevations depicting the wall from the lakeside and the north as well as the screening of the wail and a letter from the city engineer approving tlie drainage for this lot. Palm stated they are proposing a five to six foot two-tiered wall, which would consist of a poured wall with some type of decorative texture. Rahn stated in his opinion a poured wall with a textured finish would be a plus. Fritzler stated he would not be in favor of extending the retaining wall within five feet of the property line. Rahn inquired whether there is another method of controlling the runoff from the neighboring property. Kellogg stated the option of flaring the wall out to the property line creates a funnel, which is one solution, and that a storm sewer might be another option. Rahn stated he would like to see a drainage plan that handles all of the runoff Bremer indicated she would be supportive of tapering the wall towards the property line. Palm stated he does not want to be told at next month ’s hearing that the retaining wall should not be tapered towards the property line. Erickson stated tapering of the retaining wall towards the property line would allow all of the water to be caught and diverted and that she is not opposed to that proposal. Bremer stated if it is determined that the best way to deal with the water runoff is to taper the retaining wall within five feet of the property line, it appears likely thid that proposal would be approved by the Planning Commission. Bremer noted the Planning Commission is merely a recommending body and that the City Council may not necessarily approve that proposal. Rahn pointed out a berm may also be needed to handle some of the runoff to the south. PAGE 19 i r r,m MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, May 16,2005 6:00 o'clock p.m. Fritzler inquired about the 20*foot sewer easement and whether that would be dedicated. Gundlach stated there is no easement currently and that the City typically asks for a 20-foot variance. Gundlach stated as part of the variance approval process a 20-foot easement would need to be dedicated. Bremer stated she would also like the landscaping and screening of the walls depicted on the elevation views. Jarfens moved, Fritalcr sccoadcd, to table Applicatioa #05-3100, Larry and Sheryl Palm, 1146WildharstTraU. VOTE: Ayes 6, Nays 0. (Reccu taken at 8:25 p.m. - 8:33 p.m.) #05-3108 GARY AND LYNN CHRISTENSEN, 3560 IVY PLACE, VARIANCES, 8:33 PJM.-8:38 P.M. Gaiy Christensen, Applicant, was present Curtis stated this application appeared before the Planning Commission in February, with the applicant requesting hardcover, side and lake setback variances in order to replace their existing low-pitched garage roof with a steeper pitch. Staff recommenus approval of the variances in order to construct a steeper pitched roof on the existing garage in the nonconforming location. Curtis slated the applicant is agreeable to removing hardcover that is consistent with Exhibit G attached to the resolution approval, Christensen had nothing to add to Staffs report. There were no public comments regarding this application. Rahn inquired whether the dormers are only located on the overhead door side. Christensen indicated that is correct. Fritzler noted there is an excessive amount of hardcover on this lot and that it would be difficult to approve the application. Curtis stated Exhibit G outlines the hardcover removals being proposed by the applicant. PAGE 20 » 4 1 • , June 17, 2005 To: Orono Planning Commission Re: 1146 Wildhurst File #3100 Tom Kellogg and I inspected this site and proposed some concepts that would lessen the impacts of the proposed house on the neighborhood and on Lake Minnetonka. 1. If the wal! allowed at the property line it should be extended slightly onto the neighbors lot and an easement should be granted making the builder responsible for the 5 feet that should be on his lot and for the plantings to screen the wail 2. Something, periiaps a water garden, should be built at the base of the hill to dissipate the energy from the run-ofif. None of these ideas have been included in the most recent design, which is probably the worst attempt so fiv. The wall: I know of no instance where the City has allowed a wall parallel to the lot line to be so close to the lot line. This wall is as much as 10 feet tall and adjacent to the line. A fence could only be 6 feet tall at this location. At 3235 Casco Circle a 4 foot wall to make a garage usable was allowed three feet from the property line only with special drainage and plantings at the base of the wall. If this wall is allowed adjacent to the line there will be no place for plantings to screen it. Should this neighbor be respoiisible for planting and taking care of plants on their property? At 4753 North Shore Dr a wall to create a wider landing by a front door was not allowed fewer than 5 feet from the line. This large retaining wall is only necessary because the house is proposed with a walkout elevation approximately 8 feet higher than the existing house and with a terraced yard outside the walkout wUch is also 8 feet higher than existing yard. Why would a design featiuc justify a wall setback variance. Drainage: A lot of water ends up at the bottom of this hill in a heavy rain. How will the energy from this water be dealt with to prevent serious erosion at the Lake. The drainage on this difficult lot was previously maintained only with constant attention by the home owner. Lack of maintenance together with clearcutting of slopes has already worsened drainage problems. This yard will only be successful with careful attention to details. Bruce Vuig cu^ Building Inspector ■iK • akrrtv jmatia AGREEMENT THIS AGREEMENT (‘^Agreement”) is made and entered into by and between Larry Palm and Sheiyl Palm, husband and wife (“collectively referred to as the “Palms”) and Sandy Erickson and Maggie Erickson, husband and wife (“collectively referred to as the “Ericksons”). WHEREAS, the Palms are the current owners of certain real property located in Heiuiepin County, Minnesota and which is commonly known as 1146 Wildherst Trail, Orono, Minnesota (the “Palms’ Property”); WHEREAS, the Ericksons are the current owners of certain real property located in Hennepin County, Minnesota and which is commonly known as 4455 Forest Lake Landing, Orono, Mitmesota (the “Ericksons’ Property”); WHEREAS, as a result of the topography of the Palms Property, the City of Orono (“City”) is requiring the Palms to construct a retaining wall on their Property; WHEREAS, in order to comply with the City’s request, a portion of the Palms’ retaining wall will need to encroach on the Ericksons’ Property; WHEREAS, the Palms and the Ericksons desire to enter into this Agreement, wherein the Ericksons are willing to allow a portion of the Palms’ retaining wall to be located on their Property on the condition that the Palms maintain the retaining wall as provided herein. NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereby agree as follows: 1. The recitals stated above constitute and form an integral part of this Agreement as if stated herein in full. 2. On the condition that the Palms maintain the retaining wall in a good and satisfactory condition and agree to maintain and make any necessary repairs, at their sole exi^nse, the Ericksons agree to grant permission to the Palms to allow for a portion of their retaining wall to be located on the Ericksons’ Property. 3. This Agreement shall inure to and bind the parties hereof and their respective heirs, legal representatives, successors and assigns. 4. The parties represent that this Agreement has been executed in the State of Minnesota, and this Agreement shall be governed in all respects by the laws of the State ofMiimesota. ! ^ j ‘ f 5. No change, addition or modification of this Agreement shall be binding unless it is in writing and signed by both parties. 6. It is expressly acknowledged and agreed that all understandings by and among the parties are expressed in this Agreement and the terms hereof are contractual in nature and not a mere recital. IN WITNESS WHEREOF, the undersigned have made and entered into this Agreement as of the day and year stated below. Larry Palm Dated: Sandy Erickson Dated; m.. : Sheryl Palm Dated: Maggie Erickson Dated: «0S-3I00 May 16,2005 Page 1 of5 Date Application Received: 3-18-05 Date ApplicatioB Considered as Complete: 5-3-05 60-Day Review Period Eipircs: 7-2-05 To:Chair Rahn and Planning Commission Members Ron Moorse, City Administrator From: Date: Subject: Janice Gundlach, City Planner^ May 6,2005 05-3100, & Sheryl Palm, 1146 Wildhurst Trail, Lot Area/Width Variances - Public Hearing Zoning District: Lot Area: Lot Width: LR- IB, One Family Lal.eshore Residential District (1 acre min.) 0.64 acres (27,980 s.f.) 66 ’ @ shoreline; 70 ’ @ 75’ setback (140’ required) Application Summary: Applicant requests the following variances in order to construct a new residence on an existing lot: 1. Lot area variance to permit construction of a new residence on an existing lot 0.64 acres in area when 1.0 acres is normally required. 2. Lot width variance to permit construction of a new residence on an existing lot 66 ’ in width at the shoreline and 70 ’ in width at the 75’ setback when 140’ in width is normally required. 3. Conditional use permit to allow retaining walls and grading within 5’ of a lot line. SUtff Recommend&tUm: Staff recommends approval of the requested lot area and width variances, however would recommend deni^ of the conditional use permit to allow retaining walls and grading within 5’ of the lot line. Staffs position is the potential safety and maintenance issues involving a retaining wall of the height proposed and its placement directly along the property line.__________________________________ Pcrtiacat Zoulug Ordinance Sections Sec. 78-330. Area, height, lot width and yard requirements. (b) Lots. The fiDllowing minimum requirements shal be observed: IM Area (ftcrt)Ul WMlIi (fMt)Front Yard (feel)Side Yard Adjacent to Another Lot (feet) Rear Yard (feel)Side Yard Adjacent to Street (feet) 1 140 35 10 30 35 Sec. 78-967. Exception, (b) Such grading and earth movement shall be subject to fq>proval by the building inspector at the time of issuance of a building permit, provided that a plan showing proper drainage and protection of adjoining property has been submitted. Where such earth movement is not being performed in conjunction with a building permit, a separate land alteration permit shall be required. Any unusual land alterations, including earth filling, removal or grading, proposed by a builder shall be subject to a conditional use permit as provided for in this chapter. The following land alterations shall be considered as unusual land alterations: (3) Grading or alterations that would propose any changes in elevations within five feet of adjacent residential lot May M. 200S nif»2ofs lines except for drainage swales and ditches. List of Exhibits Exhibit A - Applications Exhibit B - Hai^hip Documentation Form Exhibit C - Existing Survey Exhibit D - Existing Stormwater Control Methods Exhibit E - Proposed Survey and Grading Exhibit F - Hardcover Calculation Worksheets Exhibit O - Proposed House Elevations Exhibit H - Projwsed House Floor Plans Exhibit I - Proposed Detached Garage Plans Exhibit J - City Engineer Comments Exhibit K - Building Inspector Comments Exhibit L - Alternate Crying Plan (attempt to meet City Engineer recommendations) Exhibit M - Adjacent Property Owner’s Acknowledgement Forms/Comments ExhibitN - Property Owners List Exhibit O - Plat Map Background The applicant originally submitted plans for review at the April Planning Commission meeting. The applicant was sent a letter confirming receipt of all necessary materials for review of the application. The City Engineer was then forwarded the plans whereby further information with regard to the grading plan was requested. The applicant’s architect and engineer were informed of the City Engineer concerns, where a new grading plan would have to be drafted. Because the gr^ing concerns were specifically related to the width of the lot, staff required that the applicant draft a plan meeting the City Engineer expectations prior to review by the Plamiing Commission, as possible changes to the proposed home may result from those changes. LOT ANALYSIS WORSHEET Lot Afaa/WMth LR-IB Lot Area Lot Width Required 43,560 s.f (1.0 acres)140’ Actual 27,980 s.f. (0.64 acres)66 ’ @ shoreline; 70’ @ 75 ’ setback Setbacks LR-IB Reqnircd Existing Proposed Front N/A N/A N/A Rear (street)30’126’ garage 155 ’ house 12’ detached garage 98 ’ house #05-3100 May 16,2005 Page 3 of5 Left Side (north)10’10’ garage 11 ’ house 10’ Right Side (south)10’12’ house 10’ Lakeshore 75’ 190’ house 67’ boat-house 56’ boat-house deck 178’ Average Lakeshore 133 ’± Boat-house is encroaching entirely - house conforming Conforming Structural Coverage Total Lot Area 27,980 s.f. (0.64 acres) Total Structural Coverage Allowed: 4,197 s.f. (15%) Proposed: 3,599 s.f (13%) Hardcover Calculations Hardcover Zone 0-75 75 - 250 250 - 500 Total Area in Zone 5,120 s.f 13,020 s.f 9,840 s.f Allowed Hardcover 0s.f (0%) 3,255 s.f (25%) 2,952 s.f (30%) Existing Hardcover 493 s.f • (9.63%) 4,636 s.f * (35.61%) 2,143 s.f * (21.78%) Proposed Hardcover 0s.f (0%) 3,231 s.f (24.8%) 2,872 s.f (29.2%) * After exclusion of fabric or plastic-lined landscape beds Lot AreaAVidth Variances The lot is located in the LR - IB, One Family Lakeshore Residential District requiring a minimum lot area of 1 acre and 140’ of width at the shoreline and at the required 75* setback. This lot is 0.64 acres in area and 66’ in width at the shoreline and 70 ’ in width at the 75’ setback. The applicant has requested to tear the existing house, detached garage, and boathouse down and construct a new residence, including a detached garage located at the street. The substandard area and width requires variance approval in order to rebuild. Hardship Statement Applicant has provided a brief hardship statement in Exhibit B, and should be asked for additiona* testimony regarding the application. Hardship Analysis /« eomtUerbig agpUaMmafer imrkmce, tke PUumImt C»m mluhm tktU auukler Ike effect tff tke fropoaed vmrtemce upon Ike keohk, apfety ond weffore of tke comm unity, exbtlng ond mnk^tnled tnffk condMont, t^kt ond olr, donger of/Ire, rhk to tke pnkllc tofety, ond die effect on mines iff property In Ike snrronndlng oreo. Tke Ptonnbtg Commission skoll consider recommmding oppromi for voHoncesffom die Ulerolprovisions ofike Zoning Code In butonces wkere tkeir strict enjbrcement wonU cense nndne kerdsk^ hecense of draunstonces nulqne to tke IndlvUnol pro perty nnder eonsidemtion, end ^ett recommend epprovel only wken It b danons»eied diet seek ecdons wM ke ki keeping mkk die spirit end kitent of tke Orono Zoning Code, M5-3I00 May 16, ZOOS Page 4 of 5 Staff finds that the precedent has been set regarding approval of the requested area and width variances, llie City routinely reviews these ty^es of requests, and grants them when no other land is available for acquisition and the rnplicant has demonstrated that all other requirements can be met. The lot was legally created prior to adoption of the current zoning standards, which require 1 acre and 140 ’ of width. The applicant has demonstrated that all other zoning standards, such as setbacks, hardcover, structural coverage and average lakeshore setback standards can be met. Staff has reviewed the proposed survey and building elevations and has determined that the house meets the 2 '/z stories and 30* height limitations. Therefore, pending approval of a grading plan, staff would recommend approval of the requested variances. Coaditional Use Permit Analysis Based on Zoning Ordinance Section 78-967 (B) (3), a retaining wall (which requires grading and land alteration) within S’ of a lot line constitutes unusual grading, whereby approval of a conditional use permit is necessary to allow a wall within S’ of a lot line. The current grading plan, preferred by the applicant, proposes a wail ranging in height from 2 ’ -14* running directly adjacent from the northerly side lot line and then wrapping around the lake side of the home. The intention of the wall is to bring all stormwater along the south (high) side of the wall, turn the comer at the house and then direct the water into the swale constructed along the southerly lot line. The City Engineer opinion is that the grading can be accomplished without the need of such a massive wall within S* of a lot line (see comments attached as Exhibit I). It is also staffs opinion that the wall proposed has safety and maintenance issues due to its location on the lot line and a 14* its height at one point, all issues of which must be considered when granting or denying a request for a conditional use permit. An alternate grading plan has been submitted attempting to meet the City Engineer recommendations of the 4-7-05 and 5-5-05 letters attached as Exhibit 1. As the alternate plan was submitted on the date of this report, the City Engineer has not yet provided conunents and staff cannot therefore accept this plan. The building dep it and City Engineer will review this proposed plan prior to the public hearing so th City has a reconunendetion regarding this plan. Should the plan be acceptable as submitted or staff can accept the plan with minor revisions, the Planning Conunission could recommend approval stipulating City Engineer approval of the grading plan prior to Council review. Steep Slopes Zoning Ordinance Section 78-1211 defines steep slopes as “land having average slopes of 12 percent or greater as measured over horizontal distances of 50 feet or more that are not bluffs.** Much of this property is considered steep slopes, which present additional requirements under Zoning Ordinance Section 78-1283 which states; Any applicant requesting a permit for construction of sewage treatment systems, roads, dri'veways, structures or other improvements on steep slopes shall provide adequate information to allow the city to evaluate possible soil erosion impacts and development of visibility from public waters before such permit may be issued When determined necessary, conditions shall be attached to issued permits to prevent erosion and preserve existing vegetation screening of structures. A ■ J iOS-3100 Kny 16.2005 P.igcSofS vehicles and other facilities as viewedfrom the surface of public waters, assuming summer, leef-on vegetation. 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. This may entail requiring implementation of new vegetation as the site as been cleared for development. Staff would, at a minimum, reconunend that the City require screening of any proposed retaining walls. The impacts on the immediately adjacent properties should also be considered. lasMs for CoasMcratioa 1. Should a retaining wall within S' of the lot line be permitted? 2. Are there any negative implications with a wall within S’ of the lot line? 3. What level of screening should be required due to the steep slopes? 4. Are there any other issues or concerns with this plication? Staff RacMMeadatioa Staff recommends approval be granted for the requested lot area and width variances, however denial of the conditional use permit request The applicant should be directed, as a stipulation of the lot area and width variance approval, to revise the grading plan in accordance with the City Engineer reconunendations, prior to review by the City Council. If the grading plan cannot be revised to meet the City Engineer recommendations without changing the proposed home, the application shall be directed back to the Planning Commission. City of Orono Variance Application Street Address: 2750 Kelley Parkway Orono. MN 55356 UliTclri Main: 052-249-4600 fax: 652-249-4616 Maitlng Address: . P.O. Box 66 Crystal Bay, MN 55323-0066 Application# OS-3/00 Date Received: loB Amount Paid: itvOo.*^^ Staff: Fee:$600 Renewal: $300 After-the-fact: $1,200 Double Fee This applica^ form must be completed In full. App leant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATiON: SHeAddress: TaA.il itia J Property Identificatjon Number (PIN): oy - j) ~7 - 2^ idea ■■ ^(Attach legal description to application if not included on the su^y.) Date Property Acquired (m^th/year): □ Yes. I own the adjacent parcels Present use of property: jSResidential □ Other - - LR-Zft --------------------------Zoning District: APPLICANT INFORMATION: (Complete legal na.r.es and marital status required for each interested party)Name: L^V . Pa;____________________ Phone ThorneV ^ Ano \ ^ • ouTirrTrrriinT:—r\-----^ne (home): l^~fO ' Phone (worh): fc'gT^TT Email: Namcr teg^ames a.nd marital status required for each Interested pa Phone(hom^ ' Phonefwork): ^ Address: SSOb A^csko^Ll PL<-rATV' aLJ 7^ fjT. SIt^ OESCRIPpON OF REQUEST: Estimated Project Cost: $ Describe the request in detail (attach additional sheets if necessary): ____ -Wg. AfcC, vkzjA hlcr<. 'frsf (/sr f AkId V-oT Ae£A Im Ofrpre-e>DA/<>rgn) cr a \/rX) /^A/np -# a p r-'3T O / • {■• fi ; (j PJ e>AUdT jil ij REQUIRED SURMUTALS; All of the following Information must be submitted by the application deadline date in order for your application to be processed. □□□□ □ □□ □□ Pre-Application Meeting Form, completed by a City Planner. Completed Application Form Completed Hardship Documentation Form Certified Property Owners List - owners within 150’ of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department of Finance, Government Center, A-603 300 South e**" Street, Minneapolis, telephone 612-348-5910 Original Certificate of Survey (signed by a licensed surveyor), meeting all the requirements listed within this packet, including hardcover calculations. Also provide one copy 8.5" x 11" or 11" X 17" for reproduction. Completed hardcover calculation worksheets (as provided within the variance packet). Topographic sunrey - including existing and proposed elevations. Provide one copy 8.5" x 11" or ir X17" for reproduction. Sk'^tches or plans of floor and elevation views (provide one copy 8.5" x 11 ” or 11" x 17"). AddKional items may be requested by City Staff depending on the scope of the project. * APPLICANT’S ACKNOWLEDGEMENT: The applicant hereby agrees to provide all information required or requested by the Planning Department, agrees to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application and certifies that the information supplied is true and correct to the best of his/her knowledge. The applicant recognizes that he/she is solely rtsponsible 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^ potentiaLmerit Applicant's Signature: Applicant's Signature: Date: Date: OWNER’S ACKNOWLEDGEMENT/ The owner hereby acknowledges and~t[grees to this appl-cation and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission & Council Members for purposes of investigation and verificatiQtvpf this request. Owner ’s Signature: Owner's Signature: Date: Daw: ^ Applicant must have all^ubfi^dls^nto<4he-CTty^offices 25 days before the Planning Commission Meeting. Planning Cornmieslon Meei ngs are normally held on tfie 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. •‘7^ .. j ,Jh . '••y 1. City of Orono Pre-Application Meeting Form (This form is to be completed by a City Planner during your pre-application meeting.*) Street Addmss: 2750 Kelley Parkway Orono, MN 55356 Mailing Address: P.O. Box 66 Crystal Bay. MN 55323-0066 For Office Use Only: City Planner ____ Main: 052-249-4600 Fax: 952-249-4616 Meeting DateTTime: e>//0 - - f/CfePC Date: APfciU QO /U€fcTA What /«tha purpoaa of a pra-applleation moating? 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: IWU Property identification Number (PIN): ______________________ Zoning District: Size of Property: «65~ ? DESCRIPTION OF REQUEST: □ Average Setback □ Side Yard Setback □ Rear Yard Setback □ Hardcover □ Lot Coverac ) Q Lot Area □ Other □ Front Yard Setback ^jan_ot Width Applicant’s . HARDSHIP: Applicant has received the Hardship Documentation Form, Initials: understands it as it has been explained to them, and is aware that it must be completed and submitted in conjunction with their formal variance application. OTHER INFORMATION: 'Please nate: Your variance application will NOT be accepted without a pre-application meeting during ‘ ' this form will be completed by City staff. Applicant Signature:Date:I OI Lcr%00 Page 1 of 3 HARDSHIP DOCUMENTATION FORM I This form is a required submittal for ALL variance applications. An applicaticm I will not be considered complete or placed on any meeting agendas until this form is I complete and submitted to the City. Minnesota State Statue Section 394.27, Subdivision 7 requires that a hardship be demonstrated in order for a variance to be granted. The hardship must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid hardships. In order for an application to be heard by the Planning Commission and City Council a hardship having merit must be demonstrated. HOW DO I PROVE A HARDSHIP? This form has 12 points outlining the basis City staff uses to determine if a hardship exists and how the variance will affect the surrounding community. To prove a hardship, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is Justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will rot 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.* • . . &sL.AiLLc>u^f^Pj A Hoftir.. o-?uu) fjar ^ fsanrj: 2. The plight of the landowner is due to circumstances unique to his property not .T/AXr - ___________ , MiLft&UL TiTlt- H ail D c SH iP' 3. "The varience, if granted, will not alter ^ esspntia! character of the locality. ” IhE FiZOOO^£P MomjL Is U(<L£L frj 1W.urmjrmam:kit> 'Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter.* -ti/b _________^____________________ Nt »= iiV r.'fA* '■ Hi 0 5. 6. 7. 8. 9. 10. 11. Page 2 of 3 *Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth stieltered construction as defined in Minnesota Statutes, Section 1 16J.06, Subd. 2, when in harmony with this Chapter.” JJA---------------------------------------------------- ‘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 prope. ty in the zone where the affected person's land is located.” _________________________________________________________________________________________________ ”The Board or Council may permit as a variance the temporary use of a one^amily dvirelling as a two-family dwelling.” JiA---------------------------------------------------- "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.”to such property or immediately adjoining property.” Pti tibT tnCLTTHE. frgA Atap U?r U^i, ‘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 f'lbstantial property right of the applicant.” A l/TjlLi Om me ___ (yPt^feu A Ai yrrfz ‘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.” 7*4 e. jpej\idTiOU l/AeiAD^x<> fOA>r Tug y^Aici TXijr fyf!ALrA/,<Af=EjV/DHL/oCAJglLAC. ■M. (r~j?,/r. I, ft ^ It V 1.:fw*. Page 3 of 3 "The granting of such variance will not merely serve as a convenience^ to the ^monstrable^i t>> 'Tci tS- ________ ^^eSLCur'ZMOt^^rr# V-'V.': 11K;.' ' • • * ■* '; \ ' 'r- ■ ■> [ ' ■■ •■ iV. Hardship Statement Should you fee' the hardsMp cannot fully be described in the above criteria, describe the unique hardsMp. practical difficulty or unusual property conditions preventing compliance with Zoning 0^‘^nance requirements In the following lines (attach additional sheets if f): ,ej^a/Rr, /S6g^ IS (r^') .V . IS i :»• \£X^ -;<» /r\\ i i v; . : H ^ \ i! i- ( ' ‘ ' ... , y . ^iA. j.,*/V . ; . . V ■ .Jt •V /T\EXI»TIN0 eiTE flAM \ \ hctiitii^mUHr e~-- „ '•■ ' •■ •• \ ■■ '\ \ '■ \ ■; i • • \^ '' 1 i ■ ; j .fv »* -f’* •' . '.•i » * ?!* •: •Tl- .Mb... I ^ ■:. ,'.'‘,.1 /T(^:V n « Ck.v»^w ww^»—— ..•.. . Lot 26. TONKAVCW G. [\ \' J f ,MttfUUC(\0UMU PiWh IfMl fjriku This survey shows the on existing house, gore not purport to show o o : b'on morkcr : proposed spot ___J-eae^-------: existing contc QII3 iA EDdSTNO HOUSE .ram-----1 proposed corr ^MTi'ings shown ore bo I I I / / / / 'VMpIFl^ / 7 A / /./JE'tMkT/»t QtIWM ; /n*Wn» ;9Wba ftiikri/Mki / ,'N' NklVVUlW\>' ' '/ / / /X' XKtUP^fiLf / ./ / / X,^ PULM PMF ((/ikPlWhSt II / < I.V'T Ky n- /4^ y J^.y ___/ / /^ ?!W« _____ / / 1 jMnmMftaiB ,trtrm^ irti i MTifftiTiii inJi I llll■rf■friitf■ • t ; i * * A > »Vr . HARDCOVEKJJALCULAllUiN WUKliSlllsIsr SibTBACK'ZONE: (CIRCLE ONE)75-250’250-500'500-1000’ • V-" ■' EXISTING HARDCO\nER IN ZONE 5'?^ •> A. House. . Lcnfih Width . •, j /•V, .• «*• • ;.T- X X X ;'B. darafe . . 1*/ C.* Driveway •. #■ » ' •. X X •t • • •.D. Sidewalk ■ Pailo/Deck . 'j t\'\» Laodscape X X X X i;«K Orl^abric V'-v •. ■ . • X X X '.i :0. Other• — r— _ _ X ^ i * - . «'■ ■; I ■ • * ...r . TOTAL HARDCOVER IN ZONE y ,v ^. TOTAL PROPERTY AREA IN ZONE •''V'V:-:- ‘ ■■ i- A.V ‘ •B ‘ vj# ■PROPOSED HARDCOVER IN ZONE f "A. ■■■House X LcfifUi X X X I :• BV, Carafe » u ’ «r. ; , C; Driveway “SiSiSi!-'- b‘, f'Sidewillc X X X X .Id-. * ■>^>;'E; Paiio/Deck *v. •r/: “ X X ;F. Landscape i Underlain V|5U,,By Plastic Fabric • O. Other X X X 83 CS es S3 • I. ^/eo ;i X100 WMih . i ! : I . ■ t ! ^ . . . TOTAL HARDCOVER IN ZONE g|g;;|-TPTAt».0,E.^A,E. ,H /4^3 3C? 5V20 S.F. So^nfftsttse S.F. S.F-. • S.F. . I It S.F. S.F. "S.F."’ S.F. CofiC^ET'e S.F. S.F. S.F. ^oeu>'.sr7k/^ S.F. S.F. i#-» *1 * • S.F. S.F. o>o*4poff7^ S.F. S.F. A B S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. ^ . ...♦ ... ■J S.F. S.F. . S.F. III S.F. ■"S.F. “ S.F. % A B ■T •. JiBk. :B. T . t i- 4 •V - ‘ ’ : .-; < 4 ZONE: (CIRCLE ONE) HARDCOVER CALCULAlIUiN WUKiVSIlliEl- ’ 0-7S <^S0^250-500'500-1000’ :A .t-EXISTING HA RDCO\TR IN ZONE i't^/A<;y Hou$e. ..X Lcnfih Width 4'- -------- X X X •« W VjC.f,?Drivew»y f p^/9* $' •' X X //So •t * . .^u.:iSI<l4»llk^mm-p X X ^0±l;4£_ihS? ^ m zfo±m X 45.'p ‘--*Undcritln HQ t f^4 X . . X Or FabHc /30ZO ■ X 100 /30Z,at S^TgJ HAB'pcovrR .N roNP X :i •I ‘I Lcnfih WUih |1~7~7 y y vj V X X X PriVeway ’•.•••C • ..r/tV .- . ■' •’■ ;*%^^i;SldewaII( ‘ 4:^*? X X aao X X ajgwiTTjgff X X ;.7i* *t ♦ ' .1 j v^-'^vF;vtiiidKapc iMWJy-Piaitlc • ^ W. X X X - ejoskitikWwi^ «# '■■■ ''^ ■ ■ ■ total hardcover in ZONE PRQPERTr.AREA IN ZONEgyiL- tS5.?ii:y-:‘; s.F. htoose. s.F. So/rrHotfS^ s.p. • s.F. S.F. S.F. S.F.“‘ S.F. A/{^ S.F. S.F. ^iiAooOWAi. S.F. z Decays s.F. ^oeA/ptAsffi S.F. t-t •* • • % S.F. 7 2___S.F. S.F. S.F. ft A B S.F. S.F. S.F. S.F. S.F. S.F. •'.•....J ■ S.F. S.F.A S.F. S.F. \ .V S.F. S.Fi . S.F. . #. .^. j • I* S.F, + B X 100 ^P.^1 'S.F.'- A ;J) S.F. B '.4^S^.gzi« .' I r •? : • ..*. •'V/i*^A* .1.i ‘ W (CIRCLE ONE) : ;rU i - • . ^ EXIStiyC HARDCO\TR IN ZO.VE ■ ’■l!-'^'.fAo' Mouie v . ' * : • ' • .. ' -i HARDCOVER CALCULAllUiN WUKKb 0-75’75-250’50-500’_500-1000’ L<n|iii . ,r V •• V.i, 'p: : \ ’ , ij|-. i. ‘V .•;>VV\G; Drivewiy ■‘■’ykhiik-.-yi- Sidewalk X X X X X •t • X X • ». J ^m^-PtHo/Deck- f •♦ X X .*■•, X X X : 'f-'- ifcifAtfRI^VAREA.INZ^ETOTAL HARDCOVER IN ZONE B i ) •'-ifeMOPOa IN ZONE X LcnfUi V X X X 1 a S.F. widih - • • ■■BBS S.F. 1 a 1 S.F. • «SS S.F. * •! • • • 1 I. S.F. • /9ZO S.F. .1 • • • 9 "S.F."(J^4-i^/ i « !B • mmm ^ ^ W W* S.F. 1 B . ••S.F. • ^ • • •• ^ S.F. • B S.F. - 8 S.F. .B :B • , S.F. « « B t * • S.F. 1 • • t '<Z/4^3 1 S.F. A • i X 100 934-0 tZl.73 S.F. B $ * t *• f •sr “ V • S.F. width ! s ■ • • 1 -• * * S.F. . S3 SS S.F. S.F. >vvjr.|,iG,;:0»ri|e;. !:i' ,C.' Driveway sidewalk AxrlX£MSJCi Di^rAc^iito S.F. X X ISCfi ^•r.E3H3HIS.F. :■>• .') # ** X X ;’;CrE.t;PMlo/peck mm$zp- ^i^^Fi-v^lidKip* X X -^y pi»*‘ic / VtV-'J* n' ^ B i.' 2Vl^ivOfFebric i-tev.:,-;/• • X X X OUier ■Aly^v'v. V TOTAL HARDCOVER IN ZONE if t 454a '•.•■■■.'■ . • ‘ i X ! 4 » S.F. S.F.•v'> S.F.'* . iS.F. S.F.* * S.Fi .S’ ? S.F.t |j -%a • t l«* S.F. ‘"S.F." A _S.F. B tf&sdki J ilillil1-1 ?; L ■ “! kTi.' |••:lii'S- j.ii II'k: «f.5 ■■ yM It, 11. ~ VKlullgb* . " . . >'4 * v:«>WH2a5a WM. ---------<• \ \ r 4 [[ i . >. ».:lr!sai*ik <•'':' C.' r ‘ r ...!; • ■f W • •% V kV .L V. ^ -V -.!*•» Vi?^:r.J .» *w ,.' ^ 4 f -m;md L^ il .■•' ■■ ;'■■:■(. :::; ^ .'i^V V , J,- :-|.i’ .,•■ .. . •,' • ■ • ..................... ■.•. =.>>«'■ (T)ri*>grM9.?|p tmATiPN ^iO i /• o ’a¥' t£li, \ 4» ;a I Ml’ •■v;n»^ ■- -m 'V' . ,^v-:.- y /^PROPOSED MAIN LEVEL PJ^M ftCALC: U0Tm MWIM^iaA a/Vm SSJJJl OHOOOitJMmi«/«V«K 802 pe;ui..v •j t • f- ^ : V: W •>'.i*v-i :-?> ' ^ 1f“ i fKQPQSED UPPER LEVEL PLAN • CAlfc 1/4’« V-(r IIViftIMMiA ftSOtJ ML" . 1 V !?r i - (1 ; ti OF \1 ; 1 1 ; Ik ttSOu^. (MDOOKlMOfM •/moi ai w 99m§mmrnmmmm M (T)fc^t?ri'.fj^^^'^'^^HEPeA5AgEfK0NTEUy\L)gll 'i ■ : y - : /V^:-::r>v-''=A: ■^,y-:-tj.-->‘";/0^ :\.V: V '1 . - r. .=;-^-.'-'.v-^.‘.-:V .= (^fKQrOg|P PETACHEP GARAOE LEFT ELEVATIg^N V . t ir l■^li^l^r■ll^il^■ iilMMirjit Ml 1i >.# R^'^;- ! <IK 'i. i •* !*VJir-i r^’ # ./' V W- •v^*:r .; •F'' t.yz.y ■ ' ■ JL-!_ 1 • iJii. ^ A! ■>' ► I.' Si- ^ ( - .« - • c- ' t • . -• . :v>^:.'- . -..V • • :ti • ' -1? •' *•* • t •n ' ^ . *' & ■) ^wMga^s .•*• •'•*■ , v' ■ •’ .<•■ -V ^^(••:^ A ' - -• •; ::••■■••» -• -1 ' • ^i'- ■ ''V ‘ v .J -"• /' ..• -i .1: .= :■::: msm V- ■ ! -•»' M ■ •■■•-■■•; ■ *!ti ■•i‘ .••• .’, ‘i .<• i*:;-^:'j.--,fc-'-' ■ ■' •■ i".-. ‘ : ■; .'(i. / > ;:.■; I H . . ^ -^...;v-c V-V.:'« ^ I >.■■•- . . < . N-./-JI j n*ji^ ' t. main lEVEL •».* f • *.•. ■%J -A % h '■V tH3 V wmmmmm■mmm .■ ■:. -J-::■■■■;:■ •■••■ -=V ■■■'■'.■ V:.. •.■- v,-'- Hi. M V .1 • - r vrrff. lEyg^&AN f ’’ t ■>’ :»• ^ i Bonestroo Rosene Anderiik& Associates Engineers & Architects 2335 West Highway 36 • St. Paul. MN 55II3 Office: 651-636-4600 • Fax: 651-636-1311 www.bonestroo.com May S, 2005 Ms. Janice Gundlach Planner CityofOrono Post Office Box 66 Crystal Bay, MN 55323 Re: 1146 Wildhurst Trail File No. 139-05-000 Plat No. 05-3100 Dear Janice: We have reviewed the revised site plans dated 5-3-05 for the proposed improvements to 1146 Wildhurst Trail. The site improvements include the removal of an existing house and boat house, the construction of a new house and detached garage along with the associated site grading. We have the following conunents with regards to engineering matters: • The revised grading plan shows a proposed retaining wall along the northwest lot line. The wall does not meet the city standard 5-foot set back from the lot line and should be revised. • The retaining wall system approaches 14-feet in height on the lake side of the home. This will have a massive visual impact from the lake and could have significant impacts on the property to the east in the event the wall failed. The wall height could be minimized if the house footprint was moved northwesterly towards the road 10 to 15-fect. • Retaining walls that exceed 4-feet in height require a separate engineered design and detail submittal. • The concept of routing storm water along the northeasterly side of the home and then turning it towards the center of the lot on the lake side of the home is good, although the proposed swale grades exceed the 5% maximum we typically recommend for a vegetated swale. The plans should include swale stabilization details or the swale grades should be reduced. • An existing catch basin is shown south and west of the home but no information is included as to the downstream pipe. City records indicate the downstream pipe discharged towards the center of the lot and flows were routed from the discharge point towards the lake through a swale. The swale conveyed the storm water around the southwest side of the boat house. This swale has silted in over the years and the drainage system no longer functions as it should. The grading plan should include the existing pipe information and should include infonnation as to how the swale can be regraded once the boat house is removed. • City records also indicate that at one time there was a downspout system in place along the northeast side of the home to route water away from the existing home. The city has verified that this system no longer functions and the property to the cast of this site has experienced water problems due to runoff from this site. The plans should include provisions as to how St. Paul. St. Cloud. Rochester. MN • Milwaukee. Wl • Chicago. It AfTfrnwlIv* A€timn/tquat Ofprnnmmp Iwplfg y amf Iwipioya Ownm^ It J the proposed downspouts will be configured and where they will discharge to. The preferred discharge point for the downspouts is along the southwest side of the proposed home away from the low side of the lot. The grading plan shows a proposed depression area and storm sewer on the street side of the home. The grading plan should incorpmtite an overland emergency overflow route across the driveway to the swale on the southwest side of the home in the event the storm sewer system should fail. Erosion control measures should be installed, inspected and approved by the city orior to any work on site. If you have any questions please call me at (651) 604-4863. Yourc very truly, BONESTROO, ROSENE, ANDERLK & ASSOCIATES, INC. Tom Kellogg ^5^ Cc: OregOappa,City ofOrono Bruce Vang, City of Orono Bt!;. ^ .V V- - .x: .. >; ■ V-. ■ • *•:* . ' ‘.'v‘ I*'-, f.i .,«r :'V^ I J^Bonestroo g-gWosene vSAnderlH(& Associa te s Engitwers 4 Archllects 2335 West Highway 36 • St. Paul. MN 55113 Office: 651-636-4600 • Fax: 65F636-I3H wwwJjonestrooxom April 7.2005 Ms. Janice Oundlach Planner City ofOrono Post Office Box 66 Crystal Bay, MN 55323 Re:ll46WildhuntTniil Pile No. 139-05-000 Plat No. 05-3100 Dear Janice: We have reviewed the site plans for the proposed improvements to 1146 Wildhurst Trail. The site improvements include the removal of an existing house and boat house, the construction of a new house and detached garage along with the associated site grading. We have the following comments with regards to engineering matters: There is an existing city owned sanitary force main located along the north side of the boat house. Removal of the boat house and the associated site i^ing to restore the slope could impact the existing sanitary sewer. The sewsr should be shown on the plans and a note included with die plans stating that this sewer must be protected during any construction activities. A city public works official should be on site when any removal or grading activity occurs near this sanitary sewer. The city should verify that a drainage aitd utility easement exists over the sanitary sewer. If one does not exist the applicant should provide an easement 20-feet wide centered over the sewer. The grading plan shows proposed swales between the house and the side lot lines. Construction of the swale along the east lot line is proposed within a 5-fbot wide corridor between the proposed retaining walls and the east lot line. It will be difficult if not impouible to construct this swale within the 5-foot corridor provided. We recommend that at least 10-feet be provided for swale construction. A revised grading plan showing at least a 10-foot wide clear area in the side yards for swale coiutruction should be submitted for review and approval. A drainage area map and drainage calculations should be provided with the revised grading plan. The drainage calculations should include computationa that verify the proposed swales will contain runoff on the subject property for storma up to and including the lOO-year storm event The retainirig wall shown lake ward from the home approaches 10-feet in height All retaining walls that exceed 4-fbet in height require a separat e engineered design and detail submittal. Erosion control measures should be installed, inspected and approved by the city prior to any work on site. If you have any questions please call me at (651) 604-4863. Yours very truly. BONESTROO, ROSENE, ANDERLIK A ASSOQATES, INC. Tom Kellogg Cc: OregOappa,City ofOrono • St. Paul. St. Cloud. Rochester. Wlllmar. MN • Milwaukee. Wl • Chicago. IL AtnfUw ntWn/«SM*t oaawtwnrty E';i I April 9,2005 To: Orono Planning Commission Re: 1146 Wildhurst File #3100 The extreme topography of this lot makes it the most difficult lot to build on of any I have dealt with in Orono, and I have seen several that did not work. The narrowness and side slopes add to the difficulty. The walkout is five to ten feet higher than the average of the two neighboring bouses. Because this lot meets the definition of a steep slope the City Code demands that we be extra careful with reqject to erosion and visibility of the house from the lake. While the City may be obligated to approve a lot widtft variance to rebuild, the current house plan may be too much for the lot. The previous owner was apparently vigilant in maintaining long downspouts and a series of ditches and piping to keep the rain out of the neighbors house. Since the house has changed hands these systems have degraded, the downhill house has begun to get more water, and erosion has increased. I would very much prefer that this variance not be optimistically "approved pending engineer iqiproval", as is oten done, but q>proved only after engineer approval, and after any proposed screening is shown. That way it will be easier to change the house to nudce the drainage work instead of approving a "maybe" and arm twisting to get the corrections done later. Thanicyou, Bruce Vang Building Inspector •,% :-'v- mm-'.m. '-.Wi V .5 '1 ,:l j Tn ADJACENT PROPERTY OWNERS’ ACKNOWLEDGEMENT FORM I ifV)^ ihihpMt of Ik- [print name(8)) [print address](print address] have reviewed the plans for the proposed improvement or proposed use of the property iocated at aiso referred to as Land Use Application No. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. ux)a.4-h-o\ Date Property Date I (we)of 44-^*C LAt.ig:Lr*<>OC>iN6 (print name(s)](print address] have reviewed the plans for the proposed improvement or proposed use of the property located at it J-6. fJUiLbhhdegf Tg also referred to as Land Use Application No. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Property Owner Date Property Owner Date If you have any information that may assist the CKy in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. 'I May 9.2005 Orono Planning Commission RE: Land Use Application iVOS-3100 llddWildhiintTnul Our property, 4455 Forest Lake Landing, is located directly below the hill from 1146Wildhufst Our concern, therefixe, is water management during and afrer construction. Directing the hard cover runoff away from the north side of the proposed 1146 house is essential fix our property. The narrow steq) grade to the north (immedialely at^aoent to our houae) is a difficult runK>ff area widiout fimneling mme water there. Even an engineered swale on the north side would be a concera The unpredictable n^ularity of excessive water events on Saga Hill; ie; (any 2+** rainfrUl, a rapid snow melt, or even a debris-laden swale) could create water oveffiow directly into our home. The water lUH^ from the hill is astounding. V7e appreciate all effixts toward water management considerations while sideriug approvals fix proposed construction and landscaping at the 1146 Wildhurst frilly submitted. Sanfbrd W. and Margaret J. Erik 4455 Forest Lake Landing Mound, MN. 55364 (952)472-7637 mm ■'Cv r rr{ RUN DATE: y«005 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 3> 071I72324000S PROPAODR 444S FOREST LAKE LANDMO OWNER NAME TIMOTHY MARK LEMBKE TAXPAYER TIMOTHY M LEMBKE NAME/AODR 4443 FOREST LAKE LANDINC MOUND MN S3364 3S 0711723240007 PROPAODR IIS6 WILOHURSTTR OWNER NAME B D RASMUSSEN/S J RASMUSSEN TA3CPAYBR BRIAN O * SANDRA J RASMUSSEN NAME/ADOR 1 186 WILOHURSTTR MOUND MN SS364 31 0711723240029 PROPAODR 1083 WILOHURSTTR OWNERNAME TROY K A STACY S PULUS TAXPAYER TROY K ft STACY SPULUS NAME/AODR 1083 WILOHURSTTR MOUND MN 33364 38 0711723240037 PROPAODR 4433 FOREST LAKE LANOINO OWNERNAME SWftMJERlKSON TAXPAYER SANFORD ft MARGARET EROC iON NAME/AOOR 4433 FOREST LAKE LANOINO MOUND MN 33364 38 0711723240043 PROPAODR 1131 WILOHURSTTR OWNERNAME STEVENDBLUMA)EBORAHWBLUM TAXPAYER STEVEN DBLUMDEBORAHW BLUM NAME/AOOR 1131 WILOHURSTTR MOUNDMN 33364 38 0711723240044 PROPAODR 1134 WILOHURSTTR OWNERNAME MICHAELS WEAR ft BRITS WEAR TA3CPA vtnt MKHAEL S WEAR NAME/AOOR 1 134 WILOHURSTTR MOUNOMN 33364 38 07II7232400M PRWAODR II70OAROENCT OV HER NAME TAftJBSUTTON TAXPAYER THOMAS A SUTTON NAME/AODR II70OARDENCTN MOUNDMN 33364 38 0711723240049 PROPAODR II60OAROENCT OWNERNAME SiZIELINSKl/JKZIELINSKI TAXPAYER STEPHEN J ZIELINSKI NAME/AODR 1 160 GARDEN CT MOUNOMN 33364 38 O7II7233I0OI3 PROPAOM 1270 WEJ)HURSTTR OWNERNAME JftRSTASDC TAXPAYER lAMES STASIK NAME/AODR 1270 WEilHURSTTRAn. MOUNDMN 33364 38 0711723310036 PROPAODR 1214 WILOHURSTTR OWNERNAME SMWEATHERLY/DWWEATHERLY TAXPAYER SALLY M WEATHERLY NAME/AOOR 1214 WILOHURSTTR MC'JNDMN 33364 38 0711723240023 PROPAODR 4473 FOREST LAKE LANDING OWNERNAME JBLACKSTONEft0BLACKSTONE TAXPAYER X)N ft GAEL BLACKSTONE NAME/ADOR 4463 FOREST LAKE LANOINO MOUNDMN 33364 38 0711723240024 PROPAODR 4473 FOREST LAKE LANOINO OWNERNAME J BLACKSTONE ft C BLACKSTONE TAXPAYER X3N ft GAIL BLACKSTONE NAME/ADOR 4463 FOREST LAKE LANDINC MOUNOMN 33364 38 0711723240027 PROPAODR 1146 WILOHURSTTR OWNERNAME ACE PROPERTIES LLC TAXPAYER ACE PRO.-CRTIES LLC NAME/ADOR 5463 STATE HWY NO 1 69 N PLYMOUTH MN 55442 38 0711723240038 PROPAODR 4465 FOREST LAKE LANDINC OWNERNAME X)NOBLACKSTONEETAL TAXPAYER K)N D BLACKSTONE NAME/ADOR 4463 FOREST LAKE LANDING MOUNDMN 33364 38 0711723240047 PROPAODR 4413 FOREST LAKE LANDINC OWNERNAME TIMOTHY ft LORIE LINE TAXPAYER TIMOTHY ft LORIE LINE NAME/AODR 4413 FOREST LAKE LANOINO MOUNDMN 33364 38 0711723240030 PROPAODR 4475 FOREST LAKE LANDINC OWNERNAME JON ft GAIL BLACKSTONE TAXPAYER JON ft GAIL BLACKSTONE NAME/AOOR 4463 FOREST LAKE LANDING MOUNOMN 33364 38 0711723310037 PROPAODR 1200 WILOHURSTTR OWNERNAME SANDRA J HOLLENHORST ET AL TAXPAYER SANDRA J HOLLENHORST ft NAME/ADOR MICHAEL J HOLLENHORST 1200 WILOHURSTTR MOUNDMN 53364 K ♦!V n f..> y .t fei'.UT-.' ''V m. ■ t- ■■ - ■ . ».M*.’*!■••.. '•■ •• - ■: ■■ , --..FT- ' .. : I-?. W' • tv i- - :o V *■. 'r ''.' !'',#■•V. r; MMOATE:V4(30a5 ’i " . HENNEPIN COUNTY PRWERTY INFORMATION SYSTEM PROPERTY OWNERS LISTm:mm I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS FT APPEARS THIS DATE ON THE RECORDS * J » v- ‘ ^ *V V';;•::■■;:<'-yI A* /V ■■'■■ iv ■■>•'-■ t ■‘•■-■i ■ ■';' v,^*t'«wswp^ ; ■^='-0 =• i-'-v v; t * if' . • ihr ir-'' wrn f *• * « .' “•r :- ;.r /■ A*' t « ' \ ^ ; t • PAGE: 2 k^To . .« nil ^11 ; M :• ■> I h*Miu‘pin : • ' V :Hennepin County Taxpayer Services Department .^4/ yJllL L ( i u: i;• ••) Vf- '3 V• (:f Vi Parcel Infbnnatlon ' ■ r- ,v Parc«l ID 0711723240027 Homm Number 1146 Str««l Nam« WILONURST TR ms Is not a kigsKy nconM map. Itnprasantsa completion ofinfonnatlon and data tlnmClly, County, and St^ mad authartUas and otharsourcas. /* —rr • • fU • —:"T-r •H* *•" • . ..t f TiT rr T’If. * * ..I . . •> • f < CKRTiriCATE Of SURVEY FOR LARRY PALM OF LOT 26, TONKAVIEW GARDENS HENNEPIN COUNTY. MINNESOTA nsr ius pltJ^ pimnA^A df i^ts pltr\ foHi oi,TJ: -to Ct0''«l ■. ■ -:. : *-^T^ ** - /■ , -vT w < *t-v;- l|ii|K'■f \. i6\i !| Hw I ISI /N * # ^ I • *< I Date AppttcatloB Received: 04-2MS Date ApfdkatloB CoBtMered at Coaiplete: M*Day Review Period Eipiret: t7-04^ COHur'ii mcctimG JUN 2 7 2005 CITY OF ORONO REQUEST FOR COUNCIL ACTION Date: June 22,200S Item No. "7 Dcpartaicaf Approva Name: Melanie Curtis THIe: City Planner Administrator Approval:Agenda Section: Item Description: 05-3110 - Tom ft Sheila Browne - 760 Brown Rd S - Variances Zoning Dtotricti Lot Area: Lot WMtk: RR'IB, One Family Rural Residential, 2-acres/200* 39,500 s.f. (0.9 acre) above the 929.4’ 355.8 ’ List or Exhibits: A. Resolution per Council Action B. Council Action Notice dated 06-20-05 Application Summary: At the June n"* meeting the Council approved lake setback and hardcover variances for the dormer and a revised garage plan on a vote of 4 - 0, directing staff to draft a resolution reflecting the anxovals and requir^ hardcover removals. Planning Commimion 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. Planning Staff Recomamndation Adoption of the attached Resolution. COUNaL ACTION REQUESTED Approve or amend the attached Resolution. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-1279(1) and 78-1288 (A) & (B) HLE NO. OS-3110 WHEREASt Thomas R. Browne and Sheila R. Browne, husband and wife (hereinafter “the applicants”) are the owners of the property located at 760 Brown Road South within the City of Orono (hereinafter the “City ”) 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 S"* Principal Meridian. EXCEPT the South 93 feet thereof, 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 78-1279(1) to allow construction of a 233 s.f. garage addition and a 2"** story bathroom window dormer within 100* of the OHWL of Tanager Lake where no structure is normally allowed; and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Sections 78-1288 (A) & (B) to allow hardcover within the 7S*-2S0* zone at 2,794 s.f. or 18% and hardcover within the 0-75’ zone at 5,129 s.f. or 21%. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 05-3110. 2. The property is located in the RR-IB One Family Rural Residential Zoning District which requires a minimum lot area of 2.0 acres and a minimum lot width of200*. 3.The Planning Commission reviewed this application at a public hearing held on May 16, 2005 and recommended approval of the variance to Page 1 of6 5. Municipal Zoning Code 1 78-1279(1) for construction of the 2'^ story dormer within the required lake setback based on the following flndings: a. The applicants ’ property contains 0.9 acre or 39,500 s.f. of property area above the 929.4* elevation (a total lot area of 196,700 s.f. or 4.S acres including area below 929.4 ’) and has a total width of 355.8 ’. b. There is no additional land available for acquisition by the applicants to make the property conforming. c. The applicants ’ entire home is within the required setback from Tanager Lake, and any expansion requires variances. d. The proposal will not have a negative impact on light, air or open space within the neighborhood. The Planning Commission reviewed this application at a public hearing held on May 16,2005 and recommended denial of variances to Municipal Zoning Code Sections 78-1279 and 78-1288 Subdivision A to allow construction of a garage addition within the 0-75 ’ setback zone based on the following findings: a. The construction of the addition would have a negative impact on light, air or open space within the neighborhood. The City Council reviewed this application at a public hearing held on June 13,2005 and approved variances to Municipal Zoning Code Sections 178-1279(1) and 78-1288 (A) & (B) for construction of the 2"^ story dormer and garage addition within die required lake setback based on the following findings: a. The proposed garage addition will be constructed over existing driveway hardcover. b. The dormer will be constructed within the existing footprint of the home and will meet the height requirement. c. The applicants have proposed hardcover removals within both 0-75 ’ and 75 ’-250 ’ zones. Page 2 of 6 7 > 6. 7. 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 applicants; 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 78-1279(1) and 78-1288(A0 ft (B) to allow hardcover at 18% or 2,794 s.f. within the 0-75 ’ zone and hardcover at 21% or 5,129 s.f. within the 75*-250* zone in conjunction with construction of a 233 s.f. attached garage addition and 2"^ story bathroom window dormer, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover in the 0-75 ’ zone shall not increase above the level of 2,794 s.f. or 18%. Hardcover in the 75-250 ’ zone shall be limited to 5,129 s.f. or 21% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicants are advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. Page 3 of 6 ,. ♦ r,r-: ‘i i 3. Applicants shall remove all plastic or fabric liner material from the decoiative landscape beds on the property to ensure their permeability as non-hardcover surfaces prior to the construction of the 2”* story dormer. 4. Required removals of excess driveway hardcover shall be completed by the footing inspection for the attached garage addition. S. Audiorities 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 27,2006). 6. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned applicants have read, understand and hereby agree to the teims 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 27"' day of June, 2005. ATTEST: Linda S. Vee, City Clerk barbara A. Peterson, Mayor Pnqwity Ownerfs) Page 4 of 6 if' L. y. ,t STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of____, 2005 ^ 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^ ^ ^ ^ ------------------------ ^ tr ^ municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 5 of6 . J STATE OF MINNESOTA COUNTY OF HENNEPIN This instniment was acknowledged before me this__day of by Thomas R. Btowne» husband of Sheila R. Browne. .2005 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this__day of by Sheila R. Qrowne. wife of Thomas R. Browne. .2005 Notary Public Page 6 of 6 ■iiM A \ '14 929.4 COW \ HOCK ON ftAsnc STONE CONCRETE \ PATIO \ .75' SETBACK LWE SURVEY LINE • '!' %•* *- • ki tCJ.* . ‘4 ,»• # • •4 .^4 Ik. CITY OF ORONO 2750 KcHcy Parkway P.O. Box 66 Cryital Bay» MN SS323 (9S2) 249-4600 ZONING FILE 05-3110 NOTICE OF COUNCIL ACTION DATE OF NOTICE: June 20,2005 TO: Tom A Sheila Browne 760 Brown Rd S Wayxata, MN 55391 COPIES: TYPE OF APPLICATION: Variances DATE OF MEETING: June 13,2005 VOTE: 4 FOR 0 AGAINST Motioa: To approve hardcover and lake setback variances in order to construct a garage addition and a 2"^ story ^rmer. Please submit revised plans and hardcover calculations by Thursday, June 23 ”* for the Resolution. AppIkaaPs next mectlBg is Mhedulcd as - Monday, June 27'^ at 7:00 pm for Resolution approval. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and ^)proval by the City Council. If you have questions please call Melanie Curtis, City Planner, at 952.249.4627. ’a'• - u- f- C'-- ~!tfO hf^VViJ ftt) 3. Applicants shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces prior to the construction of the 2^ story dormer. 4. Required removals <m stone bordemand excess driveway hardcover shall be completed by the foomig inspectionJpr the attached garage addition. 5. 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 27,2006). 6. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 27'** day of June, 2005. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner(s) Page 4 of 6 i' Date ApplicalioB Received: 4/20/0S Date AppUcathm CoMidered u Compleic: 4/20/05 Coaaett A c U m to Approve: 6/13/05 60-Day Review Period Eipires: 6/19/05 iinr»n »»ccTIMG JUN 2 7 2005 CITY OF ORONO REQUEST FOR COUNCIL ACTION Date: June 22,2005 Item No.: cr* Departawat Approval: >yiminiitrator Approval: Naaie: Michael P. GafOon^y. yOuA THIe: Planning Director Agenda Section: Zoning Item Dcscriptioii: #05-3111 Water Street Homes for Randall & Sara Hogan, 2260 Fox Street - Variances & CUP - Revised Resolution List of Exhibits A - Revised Resolution B - Draft Council Minutes of June 13,2005 On June 13 Council voted 4-0 to have staff draft a revised resolution approving variances and a CUP for the proposed Oversized Accessory Structure (detached garage partially above and partially below grade) addressing a number of topics including the hardship created by the inability to credit the ^veway outlet and wetland toward lot area; noting that ^e ordinances do not address the aesthetics of accessory buildings; requiring that the Lot and driveway Outiol be held in common for lot area credit while the OAS is in place; and addressing the potential commercial uses of the structure. The attached resolution is modified from that appearing in your June 13 packet. Please review and determine whether it contains the desired language per Council’s intent. The iqiplicant was asked to submit a revised plan for review addressing the reduction in square footage to meet a 26’ wetland setback. As of this writing a revised plan has not been submitted. COUNCIL ACTION REQUESTED Adopt or amend the attached resolution. f; A A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-1434 AND 78-1435 AND GRANTING A CONDITIONAL USE PERMIT PER SECTION 78-418(1 Q FILE NO. 05-3111 WHEREAS, Randall J. Hogan and Sara G. Hogan, husband and wife (hereinafter "the ig)plicant8"), rq}reaented 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 {q>plicants have submitted an ^plication 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 foo^rint allow^ is 1,200 s.f.; and WHEREAS, the applicants 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 fix>nt 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 Planning Codes, the Orono Planning Commission held a public hearing on May 16,2005, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. Page 1 of7 iillli J Minnesota: 1. 2. 3. V .AXS NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS This (plication was reviewed as Zoning File #05-3111 . The property is located in thff RR tB Rural Residential Zoning District requiring a minimum lot area of 2.0 acres uad a minimum lot width of 200 feet for residential development The property 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 conunon also includes Outlet 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 flndings, 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 drainfieid sites and a delineated non-Orono wetland in 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 proposed use of the OAS; 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 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 minimal 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? i 5. 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. The size of the proposed OAS is related to the needs of the property owner for his non-conunercial 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 neighiMrhood. 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 of 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 dwelling 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 finds that the land area within or permanently associated with the property that is not includable toward the lot area calculation for Oversize Accessory Structure purposes, still acts as open space that mitigates the visual impacts of the oversize structure, and that the in^ility to include that area acts as a hardship to the property. 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 for an individual OAS. In order to support the size structure proposed. Lot 1, Block 1 and Outlot A should continue to remain in common ownership as long as the OAS exists on the property. The City Council further finds that because the City ordinances do not address the aesthetics or visual neighborhood compatibility of accessory structures, the property could, without an OAS variance, be developed with a number and variety of accessory buildings to accomplish the applicant’s goals in a manner that would be less Page 3 of7 i m 6. 7. 8. compatible with the neighborhood than the building proposed, and denial of the variance would potentially result in construction that would be a detriment to the neighborhood. The City Council flnds that because the applicant’s site plan locates the proposed structure less than 26 ’ from a delineated wetland on the property, the structure should be relocated or slightly re-designed to avoid any encroachment or land alteration within 26 ’ of the wetland. 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 variances and conditional use permit 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 variances and conditional use permit would not adversely affect traffic conditions, li^t, 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. 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 construction of an Oversize Accessory Structure (OAS) with a footprint 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 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 grante 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, subject to the following conditions: Page 4 of 7 . 1 liti-niifrr J 1 1. 2. ‘ 4 6. 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 which 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 the attached plans, will require further Platming 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. Applicants shall execute the standard “City of Orono Covenant for Oversized Accessory Structure” modified to additionally include provisions to permanently prohibit all commercial use of the OAS, and which shall require that Outlet A shall remain in common ownership with Lot 1, Block 1, as long as the OAS shall exist on the property, prior to issuance of a building permit. 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 within one year of the ^e of Council q>proval, or the variance and conditioiud use permit approval will expire on fiiat date (June 27,2006). 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 hovin, and shall be punishable as a misdemeanor. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on beiudf of the qrplicants and the applicants* heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. ;• -(S-nv.'* Page 5 of7 tihi I ri Adopted by the Orono City Council on this 27th day of June, 2005. ATTEST: 5 Linda S.Vee, City Clerk Barbara A. Peterson, Mayor Property Owner(8) I ■ STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this__day of .2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. I STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public The foregoing instrument was acknowledged before me on this day of ,2005 by Linda S. Vee, City Clerk of the City of Orono, a Miiuiesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 6 of? ii , - . . -. . i _ ■;^T;;#>i\ '■*; STATE OF MINNESOTA COUNTY OF HENNEPIN This instnunent was acknowledged before me this by Randall J. Hogan, husband of Sara G. Hogan. day of ,2005 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was admowledged before me this. by Sara O. Hogan, wife of Randall J. Hogan. day of 3 2005 Notary Public Page 7 of? -------——-11 II ■iiiiiiirtli f i ■ ‘5 MINUTES OF THE ORONO CITY COUNCIL MEETING Moaday, June 13,2005 7:00 o’clock p.m. 8. MS-3111 WATER STREET HOMES, LCC ON BEHALF OF RANDALL AND SARA HOGAN, 2200 FOX STREET - CONDITIONAL USE PERMIT AND VARIANCES - RESOLUTION NO. Rick Carlson, Water Street Homes, was present. Gaffron stated the applicants ate proposing to construct a detached accessory stucoire for tlie storage of collector vehicles, with a number of variances being requested. The applicants are proposing the accessory structure be located nearer the fiont or street lot line than tlie principal residence structure and a variance to the allowed fi)otprint area for an oversize accessory structure. The property, not including the separate outlet 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 outlet, including wetland, is used in the calculation, the lot at 4.985 acres would allow a 2,000 square foot footprint The total buried and above ground footprint of the proposed building as repotted by the applicant is 3,310 square feet, with 1,426 square feet being located above ground. GafOon noted the City’s code does not address whether the outlet should be included. In addition, the applicants are also requesting a conditional use permit for plumbing in an accessory structure that includes a toilet. Gaffion stated the site is limited due to the topography and the location of a septic site, which is the reason for constructing the structure in the proposed location. Gafhon pointed out there are some wetlands located on this property and that the applicants are proposing a 16-foot setback from one wetland. Gaf&on noted Orono’s wetland moratorium prohibits alteration of wetlands or lands within 26 feet of the wetland. Gaffron stated one comer of the proposed structure is located within 26 feet of the wetland. Gaffion stated due to the moratorium, the Council is not able to approve any application that affects wetlands. Gaffion indicated the Planning Commission reviewed this application and spent some time considering the visual aspect of the building, with the applicant having submitted some revisions to the original plan based on the concerns raised by the Planning Commission. Tlie applicant is now proposing to locate the PAGE 6 ----- ME^UTESOFTHE ORONO aXY COUNCIL MEETING Monday, June 13,2005 7:00 o’clock p.m. structure slightly further to the east, which provides a greater separation between the two buildings. Gaf&on noted the Planning Conunission also raised some concerns regarding the drainage and the applicant is now proposing some retaining walls and some minor grade changes. Gaf&pon stated the nuiin issue is the proximity to tire wetland and whether tliis application would be subject to the wetland moratorium. Gaf&on indicated if the applicant is able to locate the structure 26-feet from the wetland, they would not be subject to the moratorium. Gaf&on stated the Planning Commission had some concerns regarding the future use of this structure. with the applicants indicating they are willing to place covenants or other restrictions requested by the Council on the property to limit the feture use of the structure. Murphy inquired whether there is a hardship to grant the variance. Gafifron stated from Staffs perspective there is not a hardship for the size of the structure but that there are some mitigating factors that reduce the visual and future use concerns. Gaffron stated a smaller building could be built which would comply with the codes. Murphy noted the lot is very isolated from the neighboring properties. Murphy inquired whether a conditiorud use permit would be appropriate for the proposed structure. Gaf&on stated there are risks associated with granting a conditional use permit and that conditions can be placed on the property to address any concerns the Council may have. Gaffron indicated a situation could arise that the conditions do not address. McMillan conunented the enforcement of the conditional use permit would be another issue. Murphy stated in his view it is a remarkable use of the property and that the applicants have taken great steps to design it to fit the land. Murphy inquired how this structure could be redesigned so it would not fell under the wetland moratorium. Gaf&on inquired whether the building could be shifted without liaving other major impacts on the site. Carlson inquired what setback they would need to meet. PAGE? MINUTES OF THE OKONO CITY COUNCIL MEETING Monday, June 13,2005 7:00 o’clock p.m. Gaffron stated the moratorium requires a 26-foot setback from the edge of the wetland. Gaf&on indicated the moratorium covers any wetland that has been identified under the federal wetland delineations and that any structure that is located within that 26-foot buffer would be affected by the moratorium. Carlson stated the building would need to be redesigned if they are required to meet the 26-foot buffer. Carlson stated the haidship in this case deals with the intent of the ordinances and why they are drafted and that the ordinances do not address every situation. Carlson pointed out tliere is an outlot located in the front and that the entire square footage of the property should be counted. Carlson stated the outlot is owned by the property owners and there is no shared access over the outlot. Carlson stated if the entire nmnimt of land owned by the applicants is taken into account, a variance would not be required, and that the strict interpretation of the ordinance creates a hardship. Carlson stated they are able to meet the spirit and intent of the ordinance by constructing two separate structures, each consisting of 1200 square feet, which would not be as aesthetically pleasing as what is being proposed. Carlson stated they have attempted to create an aesthetically pleasing structure that would add value to the lot, limit the visual impact to the neighbors and to the property owner, and also meet the qiirit and intent of the code. Carlson agreed they would need to address the issue with the wetlands. Barrett stated he is in agreement with staff that the moratorium does apply to this properly and that no portion of the structure can be constructed within that 26-foot buffer while the moratorium is in effect. Carlson inquired how long the moratorium is in effect. Gaffion stated the moratorium expires in October but that the City would likely adopt stricter regulations concerning wetlands once the moratorium is up. Carlson stated they would be able to meet the 26-foot buffer by reducing the amount of square footage of the structure. Carlson requested that they be allowed to submit a revised drawing that meets the 26-foot buffer as a condition of approval. Carlson noted the portion that falls within the 26-foot setback is located underground. L.... PAGES wetland. GafTron indicated etland delineations and the moratorium. meet the 26-foot buffer, nd why they are drafted re is an outlot located in Carlson stated the outlot is irlson stated if the entire I not be required, and that istructing two separate ally pleasing as what is ileasing structure that roperty owner, and also tss the issue with the lis property and that no moratorium is in effect. i adopt stricter regulations mount of square footage of tng that meets the 26-foot le 26-foot setback is located MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 13,2005 7:00 o’clock p.m. Gafifon inquired whether the driveway could be relocated slightly. Carlson stated the property owners would prefer not to relocate the driveway but rather reduce the amount of square footage of the lower level. Murphy inquired whether all variances are predicated on a hardship. Barrett indicated they are. Gaf&on stated the variance language in part reads as follows: “Before granting a variance, the council shall hear requests for variances from the literal provisions of this chapter in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual properly 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 this chapter.” Gaffron stated a hardship needs to be demonstrated wiirf a showing that they are keeping with the spirit of the code. Gaf&on indicated a number of variances have been granted throu^out the city and that the type and degree of hardship varies from application to application. Murphy stated one solution is to construct two structures above ground, which may not be the best solution. White commented that the proposed plan looks aesthetically pleasing and makes sense for this lot. McMillan inquired whether the City has other two-story accessory stmetures where the below grade level has different footprints. Gaffron inHimt»)H this type of design is unusual for the City and tliat Staff has not determined how much fill dqith is necessary for an area not to be determined as hardcover. White stated he prefers this proposal rather than two separate buildings. McMillan stated the issue then becomes what the square footage should be of the one structure. Carlson slated the configuration of the lot is a hardship and that the design meets the spirit and intent of the ordinance. PAGE 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 13,2005 7:00 o ’clock p.m. McMillan noted there is a fair amount of wetlands on this property that reduces the amount of dry buildable land. Murphy inquired how the current footprint is calculated. Oafron stated every portion that has foundation and floor has been included but that the second story is not counted as additional footprint. Murphy inquired why the underground garage portion is included in the footprint. Gaffron stated it is considered structure fiem a building code perspective. Gaffron stated the two main reasons for the oversize accessory structure ordinance deals with the appearance of the structure and the future use of the structure. White stated he is willing to agree to a smaller footprint because a portion of the building is located underground. Murphy inquired what the City was attempting to accomplish with the oversized accessory structure ordiiumce. Oaffion stated the ordmance addresses the size of the building and the total number of square feet that could be constructed on a lot, with the future use of the structure also being a concern. Murphy inquired whether the lower level could be considered a second building. McMillan noted they are requesting more than what is allowed for this size lot. Carlson stated the variance is necessary if the outlot is not considered in the calculation for land area. Gafflon stated the ordinance does not address whether an outlot and/or wetlands should be included in the calculation of land area. Gaflron stated if the Council concludes tliat the primary reason for the ordinance is the visual impact and that the wetlands are a mitigating factor, the Council could find justification for granting a variance. Carlson inquired whether the outlot could be combined. Gaffron stated normally Ihe City does not give credit for outlots. Gaffron stated this portion of the property was platted as an outlot in order to achieve a 200-foot lot width along Fox Street. PAGE 10 itirr-iT-rflhi i^iin MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 13,2005 7:00 o*clock p.m. iw ■ t: Barrett stated as a condition of the variance, it would be necessary for the property owner to agree that the two lots would be held in common and exclusive ownership. Carlson stated that would not be a problem. Bairett inquired whether another driveway access would be granted onto Fox. Carlson indicated no, noting that the outlot can only serve this property. Oaffron concurred that there is no other property that could be served by the outlot. GafTron stated the question then becomes whether wetlands should be included in the calculation for land area. Carlson stated if the outlot is included, they are within the total amount of footprint allowed. Peterson noted the applicant has indicated they are willing to comply with the 26-foot buffer as well. While moved, Peterson seconded, to direct staff to draft a resolution granting a variance for an accessory stmetnre to be located nearer the front or street lot line than the principal residence stmetnre, subject to the condition that a revised plan be submitted depicting the reduction in square footage, and further subject to the condition that a covenant will be placed on the property restricting the future use of this structure, and granting of a condltioua! use permit for plumbing in an accessory structure that includes a toflet for the property located at 2260 Fox Street McMillan inquired whetho' a holding tank would be installed. Carlson stated they are willing to install a holding tank if Staff so requests. VOTE: Ayes 4, Nays 0. 9. MS-3114 PETER J. BOYER ON BEHALF OF SEVER AND SHARON PETERSON, 3145 NORTH SHORE DRIVE - VARIANCES Sever and Sharon Peterson, Applicants, and Jim McNeil, Formation Architects, were present. Curtis stated the applicants are requesting variances to lot width, hardcover within the 7S’-2S0’ zone of 28 percent, and average lake setback in order to build a new single-family residence. Letters of support from the neighboring property owners for additional 7S*-250’ hardcover are attached as Exhibit B. Both PAGE II oaoiwo ■ AMOOf^TIt. tn rotMMTRMMicNnicrt ^].?rrc pysN / llirt iiiiii I ••CCTIKJG Date Appllcatien Received: 04*2(MIS Date ApplicaHoa Coaildered as Coaiplete: OS-1 l-OS (#-Day Review Period Eipires: 07-11-05 JUN 2 7 2005 CITY OF ORONO REQUEST FOR COUNCIL ACTION Date: June 22,2005 Item No. Departncdt Approval: Name: Melanie Curtis Administrator Approval:Agenda Section: 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. Resolution per Council Direction B. Council Action Notice dated 06-17-05 Application Summary At the June n"* meeting the Council voted 4 - 0 to approve lot width, average lake setback and 75’- 250’ zone hardcover variances for construction of a new home on the applicants’ property. Planning Commission Recommendation On May 16, 2005, Plaiming 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 family residence. Staff Recommendation Please review the attached Resolution to confirm the language accurately reflects Council’s intent. COUNCIL ACTION REQUESTED Adopt or amend the attached Resolution A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-330(8) A 78-1279(6) AND 78-1288(8) nLE NO. 05-3114 WHEREAS, FirstAM Ten 105765 LLC, a Minnesota limited liability company (hereinafter **the applicant ”) is the owner of the property located at 3145 North Shore Drive within the City of Orono (hereinafter the “City”) and legally described as follows: Tract B, Registered Land Survey No. 1113, Hennepin County, Minnesota (hereinafter the “property”); and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-330(b) to allow a lot width of 109’ at the shoreline and 123’ at the 75’ setback where a width of 140 ’ is normally required in order to build a new single family residence; and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279(6) to allow a new single family residence to be constructed lakeward of the average lakeshore setback; and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1288(b) to allow 28% hardcover within the 75’-250’ zone where 25% is normally allowed. NOW, THEREFORE 8E IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. 2. This application was reviewed as Zoning File 05-3114. The property is located in the LR-IB One Family Lakeshore Residential Zoning District which requires a minimum lot area of 1.0 acre and a minimum lot width of 140 ’. Page 1 of 5 ■ I 3. 4. 5. The Planning Commission reviewed this application at a public hearing held on May 16, 2005 and recommended approval of lot width and average lake setback variances based on the following findings: a. The property has 44,610 s.f. (1.02 acre) in lot area and 109 ’ of lot width at the shoreline and 123* at the 75 ’ setback. b. No additional land is available for acquisition by the applicants to make the property conforming in width. c. A lagoon exists on the neighboring property to the north which accounts for the home to the north to be set back considerably from the applicant’s property, thus making an unnatural average lakeshore setback line. d. The applicants’ property contains a long shared driveway serving 4 other residences, llie driveway and hardcover are entirely on the applicants’ property and the hardcover is applied toward the 75 ’-250 ’ hardcover allowance. This shared driveway situation would not be allowed if the lots were subdivided today as an Outlot or a public road would be required for this type of shared access. This shared driveway configuration acts as a hardship that supports the 75 ’ - 250 ’ hardcover variance for this complete rebuild situation. e. The property is served with municipal sewer. f. The property is similar in size to many of the lots in this neighborhood. g. The average setback variance will have no impact on lake views enjoyed by the neighboring property owners. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variance on the health, safety and welfare of the community. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning Page 2 of 5 '<■ district; that granting the variance would not adversely afTect trafTic conditions, light, air nor pose a Hre 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 difTiculty; 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 hardcover variance to Orono Municipal 2U>ning Code Section 78-1288(B) for 28% or 10,109 s.f. where 25% is normally allowed, grants a variance to Orono Municipal Zoning Code Section 78-330(b) to allow construction of a new single family residence on a lot 109* in width at the shore and 123 ’ at the 75 ’ setback where 140 ’ is normally required and grants a variance to Orono Municipal Zoning Code Section 78-1279(6) to allow the new residence to be located lakeward of the average lakeshore setback 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 wi." require further Planning Commission and City Council review. 2. Hardcover in the 0-75 ’ zone shall not increase above the level of 0 s.f. or 0%. Hardcover in the 75-250 ’ zone shall be limited to 10,109 s.f. or 28%, and hardcover within the 250’-500’ zone shall be limited to 141 s.f. or 30% 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 inc reases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. Applicant shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. 4. Required removals of structure and hardcover shall be completed by the footing inspection of the new residence. Page 3 of 5 ■------------------------------- S. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (June 27,2006). 6. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of the applicants 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 27"* day of June, 2005. Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Chief Manager, FirstAM Ten 10S765 LLC mmm ■0, i;- ' :r Page 4 of 5 Ji- c : STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this__day of 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of 2005 by Linda S. Vec, 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 ifutrument was acknowledged before me this__day of by Sever H. Peterson, Chief Manager of FirstAM Ten 105765 LLC. ^2005 Notary Public Page 5 of 5 CERTIFICATE OF SURVEY FOR SEVER and SHARON PETERSON OF TRACT B, R. L. S. NO. 1113 HENNEPIN COUNTY, MINNESOTA -i > hi If ¥ 'f CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Cryital Bay, MN 55323 (952) 249-4600 ZONING FILE 05-3114 NOTICE OF COUNCIL ACTION DATE OF NOTICE: Jane 17,2005 TO: Peter Boyer 19685 Exeebior Blvd Excebior, MN 55331 COPIES: Sever A Sharon Peterson 15900 Flying Cloud Dr Edeu Prairie, MN 55347 TYPE OF APPLICATION:Variances DATE OF MEETING: June 13,2005 VOTE: 4 FOR 0 AGAINST Motion: To approve lot width and average lakeshore setback variances as well as a hardcover variance for hardcover within the 75 ’-250* setback iq> to 28% in order to build a new single family home. Applicant’s next scheduled meeting for final Resolution approval is confirmed as: City Connell - June 27*^ - Meeting starts at 7:00 pro If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approvd by the City Council. If you have questions please call Melanie Curtis, City Planner, at 952.249.4627. .. V f 'M '' -.{a ■'f I • V ' ............W...' • i.. Date Application Received: 5>I8-0S Date Application Considered as Complete: S-I8*05 60-Day Review Period Expires: 7-17-05 •*f-nTiKjQ JUN 2 7 2005 REQUEST FOR COUNCIL ACTION CITY OF ORONO Date: Item No.: /O Department Approval:Administrator Approvai: Name: Janice Oundlach^ Title: City Planner Agenda Section: Zoning Item Description: #05-3 120, Bruce McComb on behalf of Calvary Memorial Church, 2420 Dunwoody Avenue - Sign Variance - Resolution Zoning District: Lot Area: Lot WMth: LR - 1C, One Family Lakeshore Residential District (14 acre minimum) 2.7 acres (117,814 s.f.) 407 feet (100 ’ required) List of Eihibits A - Resolution per Plaiming Commission Recommendation B - PC Action Notice dated 6-21-05 C - PC Memo and Exhibits of 6-16-05 AppNcatioH Siunmafy: Applicant requests the following to permit replacement of the existing pylon style sign: 1. Sign variance to permit a monument style sign 61 s.f. is area where 12 s.f. is normally allowed and 60 s.f. currently exists. 2. Hardcover variance to permit 53.8% hardcover within the 250 ’-500 ’ zone where 30% is normally allowed and 53.9% currently exists. Planning Commission Recommendation The Planning Commission voted on consent 6-0 to approve the requested variances as submitted. Staff Recommendation Apfnoval per the attached Resolution. COUNCIL ACTION REQUESTED Adopt the attached Resolution granting a sign variance for 2420 Dunwoody Avenue. k A RESOLUTION GRANTING A SIGN AND HARDCOVER VARIANCE PER MUNICIPAL ZONING CODE SECTIONS 78-1288 (B) A 78-1467 (1) (C) FILE NO. 05-3120 WHEREAS, Calvary Memorial Church, a non profit corporation (hereinafter *Hhe iq)plicant ”) is the owner of the property located at 2420 Dunwoody Avenue within the City of Orono (hereinafter the “City ”) and legally described as follows: Lot 1, Block 7, TOWNSITE OF LANGDON PARK, Hennepin County, Minnesota (hereinafter the “property ”); and WHEREAS, the applicant has made application to the City of Orono for a sign and hardcover variance to Orono Municipal Zoning Code Sections 78-1288 (b) and 78-1467 (1) (c) to permit replacement of the existing pylon sign approximately 60 s.f with a monument style sign approximately 61 s.f. where hardcover within the 2S0’-S00' zone is 53.9% existing where only 30% is normally allowed and 53.8% is proposed. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. 2. This plication was reviewed as Zoning File 05-3120. The property is located in the LR - 1C, One Family Lakeshore Residential District which requires a minimum lot area of 0.5 acres and a minimum lot width of 100 feet. The property is operating under a conditional use permit. 3.The Plamung Conunission reviewed this application at a public hearing held on June 20, 2005 and recommended approval of the variances based on the following findings: Page 1 of5 I k • if' 4. 5. a. The proposed replacement sign is approximately the same size as the existing sign. b. The existing non-conforming pylon style sign will be replaced with a conforming monument style sign encased in brick with a stone cap. c. The property is located on a busy street where a sign 12 s.f. in size per Zoning Ordinance Section 78-1467 would not be visible due to the high levels of traffic and speed. d. The applicant has proposed to remove approximately 32 s.f. of hardcover within the 2S0’-500' zone. The City Council has considered this application including the findings and recommendation of the Planmng Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variances on the he^th, 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 variances would r.ot 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 he Zoning Code and Compr hensive Plan of the City. CONa.USIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby ^ grants a sign and hardcover variance to Orono Municipal Zoning Code Sections 78-1288 (b) and 78-1467 (1) (c) to permit replacement of the existing pylon sign approximately 60 s.f. with a monument style sign approximately 61 s.f. where hardcover within the :&30'- 500’ zone is 53.9% existing where only 30% is normally allowed and 53.8% is proposed, subject to the following conditions: Page 2 of 5 ir n ■ r . • *• .-v* ».•!►/;4i-V,‘ '.«1» > * <4|«|M| w. •5 .-vr :_■ /. • <s> . %r 2.^* : ■• • • ■■‘/ «‘*i 1 I \ j ■L.i7'P 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 requite further Planning ^mmission and City Council review. 2. Hardcover in the 2S0 ’-S00 ’ zone shall be limited to 25,927 s.f. or 53.8% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicant is advised that any future requests to increase ha^cover cr change the nature of existing/anMoved 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 tq>plicant, but are permissive only and must be exercised by obtaining a building permit for the new constru'jtion within one year of the date of Council approval, or the variances will expire on that date (June 27,2006). 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. 5. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of the applicant and the applicant's heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 27''* day of June, 3005. ATTEST: Barbara A. Peterson, Mayor Pa^ 3 of 5 • : >f,. /. STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledger* before me on this _ day of 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municii»l corporation and said instrument was executed on behalf of the City. Notary Public . •■'.•.•vt.'Sl 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 ■i - . ■ II t ■•• ' •' .. .f '■ :.•;. • • ;•• ■■ •'■ '.A • ■,•' iH STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this__day of by Mike Osladil, pastor of Calvary Memorial Church, a non profit corporation. Notary Public .2005 • -V iJ. ' Page S of S Hardcover Zone Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover250 - 500 48,180 s.f.14.454 s.f. (30%) 25,959 s.f.* (53.9%) 25.927 s.f (53.8%)500-1000 * ___ 69,634 s.f. ^ ^ ^ ^ • t • 24,372 s.f. (35%) t • % A m . 26.669 s.f* (38.3%)NO CHANGE LEGAL DESCRIPTION LOT 1, BLOCK 7. TC ----- CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Cryital Bay, MN 55323 (952) 249-4600 ZONING FILE: 05-3120 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: June 21,2005 TO:Bruce McComb Calvary Memorial Church 2420 Dunwoody Avenue Wayzata, MN 55391 COPIES: TYPE OF APPLICATION.........Sign V^ance DATE OF MEETING: June 20,2005 Planaing Commiaiion recommended ax follows: To approve the request as submitted. VOTE:FOR AGAINST Applicant's next scheduled meeting is confirmed as: CHy Council - Monday, June 27,2005; meeting starts at 7:00 p*m. If you desire certified copies of the official Planning Commission or Council minutes, th^ are available fiom tte City Recorder after review and approval by the Planning Commission r O jncil. If you have questions, please call City Planner Janice Gundlach at 952-249-4f: . . .. ■ -T: r ! v V ■ -J :■ 'mm l.l / ----- WS-3120 Juae 20,20QS Page I of3 Date Application Received: S>18-05 Date Application Considered ai Complete: 5-18-05 60-Day Review Period Expires: 7-17415 To:Chair Rahn and Planning Commission Members Ron Moorse, City Administrator From: Janice Gundlach, City Planner^ Date:June 16,2005 Subject:05-3120, Bruce McComb on behalf of Calvary Memoiial Church, 2420 Dunwoody Avenue, Sign Variance, Public Hearing Zoning District: Lot Area: Lot Width: LR - 1C, One Family Lakeshore Residential District (!4 acre min.) 2.7 acres (117,814 s.f.) 407 feet (100’ required) AppUcaHon Summary: Applicant requests the following to permit replacement of the existing pylon style sign: 1. Sign variance to permit a monument style sign 61 s.f. is area where 12 s.f. is normally allowed and 60 s.f currently exists. 2. Hardcover variance to pen. it 53.8% l:ardcover within the 250’-500’ zone where 30% is normally allowed and 53.9% currently exists. StiUf Recommendation: Staff recommends approval of the plans as submitted. PertiBCiit Zoning Ordinance Sections Sec. 78-1288. Hard cover limitations, (b) Between 75 feet and 250 feet of the OHWL, there shall be no greater than 25 percent hard cover. Between 250 feet and 500 feet of the OHWL there shall be no greater than 30 percent hardcover. Between 500 feet and 1,000 feet of the OHWL there shall be no greater than 35 percent hardcover. Sec. 78-1467. Signs 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 - Haniship Documentation Form Exhibit C - Existing Survey Exhibit D - Proposed Sign Location Exhibit E - Hardcover Calculation Worksheets Exhibit F - Photographs of Existing Sign Exhibit G - Proposed Sign Exhibit H - Aerial Photo of Site jts,j WOS-3120 JuM 20.200S Page 2 ofi Exhibit I - Property Owners List Exhibit J - Plat Map Background The applicant has met with staff to discuss construction of a new monument style sign. The property currently contains a non-conforming pylon style sign 60 s.f. in area. Staff has directed the applicant to meet the monument style sign standards adopted in April of 2004, which the applicant has done. In order to gain a permit to construct a new sign the ai^licant is requit^ to obtain a sign variance and a hardcover variance. Sign Variance The tqsplicant has proposed to construct a 61 s.f. sign within a 100 s.f. monument style base, setback 16' fiom Shoreline Drive and 18' from Dunwoody Avenue. City Cc^e Section 78-1467 allows for properties operating under a conditional use permit to erect a 12 s.f. maximum sign. This section also establishes a 5' minimum setback from rights- of-way, which the applicant will meet. The proposed sign will also conform to the 10' height maximum est^lished under the new monument sign standards. Based on the area of sign proposed, a variance is required to construct the sign 60 s.f. in area. Hardcover Variance Being that ejection of a new sign will slightly impact the total hardcover on the lot, the applicant was required to submit hardcover calculation worksheets. The site is situated within the 2S0'-S00' zone and the S00'-I,000' zone. The proposed sign will be placed in the 250'-500 ’ zone where 53.9% hardcover currently exits. The applicant has proposed a net reduction of 32 s.f. of hardcover however at 53.8%, a hardcover variance is still required. The 32 s.f. of hardcover proposed for removal encompasses the wood border and base that the current pylon sign sits within. The new sign be a monument less than 3' in width placed at grade. Du-, to the simplicity of the request and that hardcover within the 500'-I,000' zone will not be impacted, a variance was not required for this zone. Hardcover Calculations Hardcover 2^ne Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover 250 - 500 48,180 s.f.14,454 s.f. (30%) 25,959 s.f.* (53.9%) 25,927 s.f (53.8%) 500-1000 69,634 s.f.24,372 s.f (35%) 26,669 s.f* (38.3%)NO CHANGE * After exclusion of fabric or plastic-lined laixlscape beds Hardship Statement Applicant has provided a brief hardship statement in Exhibit B, and should be asked for additional testimony regarding the application. ......aA/..-j ms-3120 Jam 20,2005 Pag* 3 of 3 Hardship Aaalysii /a CMuHtHmg apptkttkuu J, r vmrtaMet, the Phnnhig Commbaltm shall consider the effect iff the propotad earkmea upon the health, safely and weffare of the conununlty, existing and antklpaled treffk eondUans, light and air, danger of fire, rbk to the pnblk sffety, and the fffeet on valnes of properly In the snrronnding area. The Planning Connnlsslon shall consider reconunadhig approval for vartances from the literal provisions of the Zoning Codebt Instances where thdr strict erfforcement wontd cease nndne hardship hecanse iff etrcnmstances uniqne to the bnbvldnal properly nnder conslderodon, and shall recommend a/^roval onfy when U Is deimmstrated that such actions wUlhehi keeping wbh the spirit and Imeni of the Orono Zoning Code. Staff finds that due to the haidships of the high levels of traffic and high speeds existing on Shoreline Drive adjacent to the applicant’s property, it is necessary to have a sign greater than 12 s.f. in area in order for it to be recognizable. Also, it is typical that religious institutions seek and obtain sign variances to display signs larger than 12 s.f. because of visibility issues. Staff finds that the 61 s.f. sign proposed, while 1 s.f. larger than existing sign, is acceptable as it will be a monument style and be visually more appealing. Also, if you were to include the empty space between the two signs making up the entire existing pylon sign, it would actually be larger in area than the proposed. Staff also fiiKls that the hardcover variance requested is acceptable. The proposed changes are minor and unclude a 32 s.f reduction. Also, there is no other hardcover that could potentially be removed as the majority of it makes up building and parking area. Issues far Consideration 1. Are there any other issues or concerns with this appliration? Staff Recomnieadation ^iproval of the plan as submitted. - V j J 1 ! - u REQUIRED SUBMITTALS: ^ _ All of the following information must be submitted by the application deadline date in order for your application to be processed. ^ Pre-Application Meeting Form, completed by a City Ranner. ^ Completed Application Form D Completed Hardship Documentation Form □ Certifiod Property Owners List - owners within 150' of the subject property, labels and plat map. List labels and map mty be obtained from Hennepin County Department of Finance, / Government Center. A-603 300 South Street. Minneapolis, telephone 612-348-5910 'll Original Certificate of Survey (signed by a licensed sunreyor), meeting all the requirements ^ listed wItWn 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). □ TopograpNc survey - including existing and proposed elevations. Provide one copy 8.5” x 11" ot-Hlx17" for reproduction. □ ^etch^or plans of floor and elevation views (provide one copy 8.5" xirorlTx 17"). □ Aaanohal Hems may be requested by City Staff depending on the scope of the project * APPUCANTS 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 arxi certifies that the information supplied is true and correct to the best of his/her knowledge. The applicant recognizee that hefohe is solely responsible for submitting a complete application being aware that upon failure to do so, the staff haa 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 Applicanft Signature: ______________________Date: -S4 “7^.S__________ Applicants Signature: _____________________________ 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: S' ^1 Date: Applicant must have ull 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. Appllcarrts 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 arran^menfo to have an authorized representative attend in place of the applicant and advise the City Planner assigned to your project ll€>! i1 tr » . VO 1i im y •• 'o' ! . City of Orono Pre-Application Meeting Form (This form is to be competed by a CWy Ptanner during your pre-application meeting.*) Sheet AcUtoss: 2750 Ksiley Paricway Orono. MN 55356 Mating Address: P.O. Box 66 Cry^l Bay, MN 55323^)066 For Office Use Orrlv: CitvRanner jAfilCG Meeting Datemrne: 5/n PC Date; JONC PC A44ChnPi Main; 052-240-4600 Fax: 052-249^16 Wh9t tM 0te purposg of a proopp/Zeotion mooing? Pre-application meetings aid the applicant in preparing a complete proposal, inform them of ttie procedures md requirements of the city code, and identify policies or regulations that create opportunities or problems for the proposal. PROPERTY INFORMATION: Sits Address: Z«/xo Dmmuioopv Ayg . oru>^to rviM sS3^t Property IdentHIcation Number (PIN): W- Dl’Z'^-TA Zoning District: UL-iC Size of Property:_____________________ DESCRIPTION OF REQUEST: □ Average Setback □ Side Yard Setback □ Rear Yard Setback □ Front Yard Setback 3 Hardcover □ Lot Coverage □ Lot Area □ Lot Width Mother: ^ OimLtiKfhiul a/h<KdJr\li\X AppHcantt Initials: HARDSHIP: Applicant has received the Hardship Documentation Form, understands it as it has been explained to them, and is aware that it must be completed and submitted in conjunction with their formal variance application. OTHER INFORMATION; *PlaaM note: Your variance application wiN NOT be accepted without a pre-application meeting during which this foamyill be completed by City staff. Applicant Signature:Date QO 1 r I \ I ^ t Page I *'r3 HARDSHIP DOCUMENTATION FORM TMs form is a raquirad 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 CHy. Minnesota State Statue Section 394.27, Subdivision 7 requires that a hvdship be demonstrated in order for a variance to be granted. The hardship must be unique to the property as variances run with the larul and not the !jn t owner. Personal and economic sHue^ions are not considered valid hardships. In order for an application to be heard by the Planning CommL»ion 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 deterrri.ie if a hardship Mists and how the variance win affect the surrounding community. To prove a hardship, address aU 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 varience la 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.” ^ .... A StbH of Jrzg To ArniAfcr %s To QoTU CUMOC^ a AO Tt4C .So-lOOV,., 2.The plight of the larnfowner is due to circumstarrees unique to his property not created by the landowner.” 3.”The variance, if granted, will not alter the es^ntial character of the locality.” eyign^lQ. is ^ ftoTAC____________ pnpfoSEP St4>r>l LS to»Ya *3 roTAc, _______ tjouojp 06 OWHg Ar4o 'Economic conskteralions alone shaD not constitute an undue hardship if reasonable use for the property exists under the terms of the 2k)nirm Chapter.” PREVtOtO rfZMjreg ftoAflo OROgACO Tn€. |J6w .SibJ Pfliorr To A>>^or4g A5’<I>*0> on. CoMf vJMrrT to t3s AooOcsjTao UrrH tmC OtV qF oruHo. A t* -ftterr Tme evc<lYD4i»4C/* U)A3 »H HoLD, 8. 9. 10. 11. Page 2 of3 ‘Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth shelter^ construction as defined in Minnesota Statutes, Section 1 16J.06, Subd. 2, when in harmony with this Chapter.” The Bot rd of Appeals and Adjustm^rits or the Council may not pennit as a variance any use that is not porrriUi^d under this Chapter for property in the zone where the affected person's land is located.” '>s The Board or Coundl may permit as a variance the temporary use of a one-fenily dwelling as a two-family dwelling.” “The special corfoitions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” ExtSTtiJo- 3OI00U QuttoiiJe* paoc i4AJ£P rc «»*o th«s *1^ Aooco nq A SmitAfL Tto TMg C;y»rri»s(c- o^tg gyrarpo tmc ^utaocth ”T>ie conditions do not apply generally to other land or structures in the district in which said land is located.” The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” TO brqrrE ^ .5's»J et* >geieCSL5Aa»| To POAvJ rr«T&>>Tto»> -iw 6orm TuC climTcu The grar>ting of the proposed variance will not in any way impair healih, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code.” r.tsrtofUAc. ci4w«nci.i is Located Crv Wooo IS r3uoffgUr>g OflrdC'N. TMCfl-C ts A UcnJcrtAi4 CHuncM f4£>rr OiaJ»»4GSS up AiJo ODuq«4 Tt^g. V IC>. (ZoAo c l I J Page 3 of3 12. TIhi orwiUng of such variance vrifl not merely serve as a convenience to the appicant. ImiI is necessary to aMevlate deinonstrable hardship or difllculty." HardaNy ttaliinant „ . . Should you feel the hardship cannot fuBy be described In the above criteria, describe the unique hardship, practical dMHcuNy or unusual property conditions preventlnQ compliance vrilh Zoning Ordinance requiraments In the foNcarlno Nnes (attach additional sheets If ):■rug " pftoaajgD ^‘ttrl SYr£ V Crrvt^ ^ Th C tSfctSTVHG^ ____ W€ OcUEdfc TVio Utu. BC to»*cu r^orrg grru^cnvc £r Uru. Oc HooC of 6R.»OC.rue fe<trri»<c> Sro**g 4»lo Uru. Uavg Ota^ic. — ■fug"3\k»4 Utu>> Ur unTi4 gvrgn»i^c tot" •f-T1>C 04 A dtfg-V ftoAo fcirru ~ff~ rrusv^c A»4o * Cir-irr 3S Mf«~ i46 ^SHisvicrt. ^i4nl uouu» t^trr 3C h4gncc&« X»%S ^ CMMfU44^ Ovi-t- UKC A u . CNviaei^g VIC Uo^AtiO UK.r? tv ArmAor KJcui t-»C»-idWtjr. H ^ o. i r-T • i; :-:»s .....................”■- f . ✓ i. 1 ki-..7 “l"' £ '• ^ 66 SHORELINE DRIVE (CO. RD. N S 89°56' 30" E 485.01 MEAS 486.0 PLAT f- ;^S^. I’fft I ■ FROM : GRQNEERG & nSSOCIATES a FAX NO. : 962 473 4435 ONE) 0-75EXiyiNff pfA^cnvytt IN mffl Al MMW y M€f*»0tAL C^UACH *u f 9-«9U r 25ll-9fllU Majjj^^l7 200^gjCT1 Uniph WUih X X X B. Omge C. Orivewty X X D. Eidewilk X X E PitioODtck X X P. Ltadwape Uoderiain ByPiNtic Or Fabric X X 0. Otbar TOTAL KARDOOVBR IN ZONE TOTAL PftOFfiRTY AREA IN ZONE A ■ ■ + B xlOO - ma. A.JWZQHS Uaaih WMa X X X B. Oaitgt C Drivtway X X t>. Sfakwxlk __X X F. Laadicapc * Undcrlaui ByPlaitic Or Fabric X X X SOO-IOOO' j1^2£4.s.f. .S.F. S.F. S.F. S.P. /fj fjef .<sp sv. S.F. S.F. S.P. S.F. ,S.F. S.F. S.F. 2r SJ. AS^ ^sf S.P. % A B S.F. S.F. S.F. '«..V •3,, S.F. S.F. 10 C30 S.F. S.F. •RoS^SJ. Lay) SJ. SJ. SJ. SJ. ? SJ. SJ. 0. Other fW xi*##__a3Ji^fvy •'s ViceiI total HARDCOVER IN ZONE TOTAL PROPBATy AREA IN ZONE A ■■ ■ _ _ _ _ _ _ _ _ ♦ B XlOO - - - - • ->i FROn : OOCERQ t ASSOCIATES FAK NO. : 962 473 4435 CALI/AAY StTBACKZONK: (ClkCLIONl) 0-7S IX19T1NC HAttPCQvgn IM A. Hmit ^RDCOVER CALCULATION WORKSHEET Hay. 17 2005 B2:35PH P3 S'^/y'OS 7S-250'2SIMM)0' fmc L«|ih WUib 92MS S.F. X X X B. Otfiga C Drivaway S.F _______S.F. _______S.P. SJ. X X S.F. D. Sldawilk /Z.Z^t RP X X £. PatbOiMk S.P. _______S.P. X X P. Liadacapa UDdadain ByPJaaiic Or Fabric X X 'X ZT4Mt^4*ttk St4fUi •* *» « iac£tt_-«t£A #r 72 SJ'. SJ». 0. Oibar r#iuf. r At ■ SJF. SJ. SJf. e- ■Fv SJ. TOTAl, HARDOO VBR IN ZONE TOTAL PROPERTY AREA IN ZONE A B S.F. A ERQFoatP HAITI A Boum IN ZONE Width B. Oata|a C. Driveway D. Sidewalk E. PaiiWDeck P. Landicapa Uddarlaia ByPiaeiie Or Fabric 0. Other TOTAL KAIDOOVIR Of 20M total nU3PBRTY ARBA M ZONB ^ —_ _ _ _ _ _ _ _ _ ■ + B 9 • a ___Wo H m SP m SR SF SP S P m \ SP •\ SP / S P -y' S^ •SJC SP ' m S.P •ap m ap S P SJ4. S.F. O 04 Fames'-! S i B 4 . 1^il'i'.m •,: '/ -P, V.: . ,d r- : :''<f' ?>'i'll V kT i I ’ t { SMMI r r«f*.4» »v: vf. sj ff i':- ‘ • . 7*" f ^jjpPp ijPP" rr. tj , rr"'.*4,^ . *rkIs 1^ •v* ^ ^ ■& ^•.- . . 1 '•’ ’ - '■/ <41 I-y y.; ua »j, ? • ^T j ' •. • s 3K : ^ I P-Jv ■f'- r^'v h. im: r*'* *» ...» ■■ •» ^'^-'• ,r. >> r.y. 1 i V\v>. \*•■!' I. r*- 96. ra-mr 'ITT -/S’! Memorial Church - j ^ u t. I I t''J: I' . ;■ | f^^: N’T WAI , >—♦-r »^.*'*.rr • ■ STRONG MEN TO x J ri-i-% *wv'!*r *- '*••>«k <r.r fi*ra ^#a*. ^ ♦ iH • tO • * • f^x.,0 timin' .1,' TAKE YOU Tfl,QHUIJ&H iJNDAY J0RSHIPJIQ:)5 ^ f sTi *•:. v.T«-I Z.0.5 '4*. 4 ■ Swf * »• .» :*^. —.T-- > ; ,• /*...•• •. ;.4 -.•'•,.• ., •' T4 ^ p .:^i! 1- A ’’A' -I i'. «% V* %l: -i r ■? . V/.V, r;'v ^!V I • * * * \* ^ * *; V ♦' • . • .| .: ^ ;v,. V-;-; [. ■ I /' i" your proof PRODUCTION WILL NOT BEGIN UNTIi SIGNED APPRQVALISRE^IV^ - »»» uown nyamnt im R,qulnd on ,11 ordor, SSOO or moro. All ordor, ,r, CX>.D. unloss provlous lorn,, ostobllshod. 1-12%■132 96" ■; ■ "'STT^ j. :i 24* ^0I I ■ CALORY Memorial Church An Evangelical Fellowsliip ________952-471-8511 --------------HC»^E OB------------— CALVARY MEMORIAL CHRISTIAN SCHOOL lx.83^ T I A" A La (arte 0E8ION / DISK NUMBER: Calvary > F.nai INVOICE NUMBER: Complatad Ordrr CLIENT Calvary Mamorial PROOF STATUS: Complatad Ordar - I3x*f • 144” ^! QUANTITY: 2 of all shown DIMENSIONS: Saa Specs TEXT Lazar Cut Mat Black SUBSTRATE: Almond ColorClad C ■v-' ■ '-r** r • ' '.M ■- :•■ ■':^'^::].u-i,:, -:h:) ::r-. .'^ • S’." • pr\ ikWjr Jcr*iWaW3Sftr •* » «■!■asjM" ^ • :i?<%ofiw4 23 -i '..5a *1^ ^ «- -*. -^-4.»- .■ V /. ‘ V .' r i «. r .' f'.I''?^iir.'' ^ SV ' Sr 'i kV. / ... ' •S,^;Sy-^J:^i:v **. <a *-||^ T ;. .- *'■ .-.Tl , r tel !^'.!3Sim * ’ .' y ■> ' ' s Lt> % 2420 Dunwoody Avenue . V..»w J - r^V' ,- •'U^ RUNOlA1B:VII/20D5 31 1711723330003 raof AOOR 3M0 SHOREUNEDR OWNER NAME DAVID UMBEHOCKER TAXPAYER DAVID UMBEHOCKER NAME/AOOR 3 MO SHOREUNE OR WAYZATAMN SS39I 31 1711723340003 PROPADDR 3770 SHOREUNEDR OWNER NAME CITYOFORONO TAXPAYER CITYOPORONO NAME/AODR 2730 KELLY PKWY ORONOMN 33330 31 20II7232I000I PROPADDR 2404 DUNWOOOYAVE OWNER NAME X3SEPH R MAROARET HENDERSON TA3CPAYER JOSEPH * MARGARET HENDERSON NAME/AOOR 2464 DUN WOODY AVE WAYZATAMN 33391 31 2011723210003 PROPADDR 2470 DUNWOOOYAVE OWNER NAME MARIA LUBA LUBCK TAXPAYER MARIA LUBA LUBCK NAME/AOM 2470 DUNWOOOYAVE WAYZATAMN 33391 3t 2011723210001 PROPADDR 31 ADDRESS UNASSIGNEO OWNERNAME JOSEPH A MARGARET HENDERSON TAXPAYER JOSEPH A MARGARET HENDERSON NAME/ADOR 2464 DUN WOODY AVE WAYZATAMN 33391 • 30 3011723230007 PROPADDR 3063 SHORBLBIEDR OWNERNAME PAULWLARSON TAXPAYER PAULW LARSON NAMB/AODR 3077 SHORELME DR WAYZATAMN 33391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS L'ST PAGE: 3S 1711723330006 PROPADDR 3130 SHOREUNEDR OWNERNAME LEERY AN OF MINNEAPOLIS LUC TAXPAYER BARBARA S HENSLEY NAME/AOOR 3030 SHOREUNE OR WAYZATAMN 33391 33 1711723340004 PROPADDR 3770 SHOREUNEDR OWNERNAME CITYOFORONO TAXPAYER CITYOPORONO NAME/AOOR ATTN RONALD J MOORSE POBOX66 CRYSTAL BAY MN 33323 31 2011723210002 PROPADDR 2460 DUNWOOOYAVE OWNERNAME SUSANEMIELKE TAXPAYER SUSAN E MIELKE NAME/AOOR 2460 DUNWOODY AVE ORONOMN 33391 3t 2011723210006 PROPADDR 2466 DUNWOODY AVE OWNERNAME MJZACHMANRPRPALESCH TAXPAYER MJ ZACHMAN RPRPALESCH NAME/AOOR 2466 DUNWOODY AVE WAYZATAMN 33391 38 20II7232I00II PROPADDR 2420 DUNWOOOYAVE OWNERNAME CALVARY MEMORIAL CHURCH TAXPAYER CALVARY MEMORIAL CHURCH NAME/AOOR 2420 DUNWOODY AVE WAYZATAMN 33391 38 2011723220008 PROPADDR 2403 DUNWOOOYAVE OWNERNAME BRENTD WALTON ET AL TAXPAYER BRENT DRJUUEB WALTON NAME/AOOR 2403 DUNWOODY AVE ORONOMN 33391 38 1711723330007 PROP AODR 3800 SHOREUNE DR OWNERNAME M EBREWERRB LBREWER TAXPAYER MARKER BARBARA L BREWER NAME/AOOR 3800 SHORELINE DR WAYZATAMN 55391 38 1711723340083 PROP ADDR 38 ADDRESS UNASSICNED OWNERNAME LAKE MTKA WOODS ASSOC TA3CPAYER LAKE MTKA WOODS ASSOC NAME/AOOR OO EAGLE CREST NORTHWST INC PO BOX 47333 PLYMOUTH MN 55447 38 2011723210004 PROPADDR 2476 DUNWOODY AVE OWNERNAME T J OOLAND ET AL SUBJ/LE TA3CPAYER AUDREY O OCLAND NAME/AODR 2476 DUNWOODY AVE WAYZATAMN 55391 38 2011723210007 PROP ADDR 38 ADDRESS UNASSIGNEO OWNERNAME JOSEPH R MARGARET HENDERSON TAXPAYER JOSEPH R MARGARET HENDERSON NAME/AODR 2464 DUNWOODY AVE WAYZATAMN 55391 38 2011723210023 PROPADDR 3743 SHOREUNEDR OWNERNAME NWENGLUTHSYNOD TAXPAYER GOOD SHEPHERD LUTH CHURCH NAME/AOOR 3743 SHORELINE DRIVE WAYZATAMN 53391 38 2011723220009 PROPADDR 2423 DUNWOOOYAVE OWNERNAME DC BREMERRC A BREMER TAXPAYER OENNB R CYNTHIA 3REMER NAME/ADDR 2423 DUNWOODY AVI- WAYZATAMN 35391 biV,.,.A '■■:;■ i-v' '.^:a •■r-- ■'• ■ I ^- .1 •- •• n;-^7\: : ':\Av'V/':V'vV: ‘‘•.’ ’■'• r ‘ - ’ • *" i ’ • .•*’■•■ •"H’- r 'j^-V -.' RUNIMTB:VIUa05 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PRCPERTY OWNERS LIST 31 2011723230010 *ROPAODR 24SS OUNWOODYAVE IWNERNAME MARIONOBEISETRUSTEE TAXPAYER JAMESCBEISE 4AMWAOOR 2433 OUNWOODYAVE WAYZATAMN SS39I 30 2011723220013 *ROPAOOR 2463 OUNWOODYAVE 3WNBRNAME RVUMBBHOCKBRBTAL TAXPAYER ROBERT UMBBHOCKBR 4AMWAOOR 24630UNW00DYAV WAYZATAMN 33391 33 2011723220011 PROPAOm 2443 OUNWOODYAVE OWNERNAME ABNELSONETAL TAXPAYER ALVMBNELSON NAME/ADDR 2443 DUNWOOOY AVE WAYZATAMN 33391 38 20II7232200I2 PROPADDR 2437 OUNWOODYAVE OWNERNAME MARIONOBEISE TAXPAYER MARION O BEISE NAMWAOINt 2437 DUNWOOOY AVE WAYZATAMN 55391 38 2011723220014 PROPADDR 2473 OUNWOODYAVE OWNERNAME DDVKXERMAN/VRVKKERMAN TAXPAYER DAVODVICKERMAN NAMEMODR 2473 DUNWOOOY AVE WAYZATAMN 33391 38 2011723220016 PROPADDR 2485 OUNWOODYAVE OWNERNAME W P HICKEY A O O HICKEY TAXPAYER WP HICKEY *00 HICKEY NAME/AOm 2485 DUNWOOOY AVE WAYZATAMN 55391 1 CERTIFY THATTHE FACTS REPRESENTED ARE AN ACCURATE AND TKUE REPRESENTATION OF INFORMATION AS IT APPEARS THS DATE ON THE RECORDS Cff THE HENNEPIN COUNTY TAXPAYER SERVICES JDEPARTMbrfTv Uft Bl OFMYKNOWLEDCffiANDBEUEF. ^ ^5 ■ '<• . -v Ml- -H- fcTSi'.v-Os %J^ JL f^\ PAGE: 2 . ■' Vi- ;*l r._: ^1 -wmmu*. s mJt ^ I W9 § 8'gS w USl vMir m. fe ■. : jpay® ■ ■•^ J • ^ )»... .. t • 4 ■ ■ ?.. ''*••'■ ,-:.V..^'' ■.■' i'. *^. ^■•..' • -">j^ . I'.' V? hu^ '««$ IW < ai«i fHf ------—sfm \ \^o y nine f '«»/>1L .;•JSf e "i /i.f4? ••rcTlfJG Date AppHcathm Received: 5-18-05 Date ApplicatioM Coatidered as Coaiplele: 5-18-05 60-Day Review Period Eipires: 7-17-05 JUN 2 7 2005 CITY OF ORONO REQUEST FOR COUNCIL ACTION Date: June 22,2005 Item No.: f ( Department Approval:Administrator Approval: Name: Janice Gundlach^ Title: City Planner Agenda Section: Zoning Item Description: #05-3125, Christine Valerius, 2377 Shadywood Road Conditional Use Permit, Side Street Setback Variance - Resolution Zoning District: Lot Area: Lot Width: B -1, Retail Sales Business District (20,000 s.f. minimum) 0.24 acres (10,350 s.f.) 90 feet (100' required) List of Eahibits A - Resolution per Planning Commission Recommendation B - Additional Materials Submitted by Applicant at PC Meeting C - PC Action Notice dated 6-21-05 D - PC Memo and Exhibits of 6-16-05 ApptkatUm Simumuy: Applicant requests the following amendment to the conditional use permit for a coffee shop/restaurant approved in April of 2004: 1. Conditional use permit to allow a portion of the upper level to be used as office. 2. Side street setback variance to allow a second story staircase to be setback 21.5' from the side street lot line when 35’ is required, 24’ was previously approved, and 15’ formerly existed. Planning Comminion Recommendation The Planning Commission voted 5-1 to approve the requested conditional use permit and side street setback variance to permit a private office and 2"*’ story exterior staircase stipulating that the staircase be constructed of wrought iron material of a color consistent with the building. SDiff Recommendation Approval per the attached Resolution. COUNCIL ACTION REQUESTED Adopt the attached Resolution granting a conditional use pennit and side street setback variance for 2377 Shadywood Road. i : A RESOLUTION GRANTING A CONDITIONAL USE PERMIT AND A SIDE STREET SETBACK VARIANCE PER MUNICIPAL ZONING CODE SECTION 78-644 (8), 78-646 (E) FILE NO. 05-3125 WHEREAS, Christine Valerius and Philip Fisk, husband and wife (hereinafter “the applicants”) are the owners of the property located at 2377 Shadywood Road within the City of Orono (hereinafter the “City ”) and legally described as follows: Lot S, Block 3, Townsite of Langdon Paric, Hennepin County, Minnesota (hereinafter the “property ”); and WHEREAS, the applicant has made application to the City of Orono for a conditional use permit and side street setback variance to Orono Municipal Zoning Code Sections 78-644 (8) and 78-646 (E) to allow parts of the upper level of the existing building and addition currently un^r construction to be used as office not accessory to the qjproved coffee shop/restaurant, and for access to this upper level office through a 2"** story exterior wrought iron staircase to be located on the north side of the lot at a setback of 21.5* where a 35’ setback is normally required, 24* was previously approved and 15* existed prior to the coffee shop use. Orono, Mini NOW, THEREFORE BE IT RESOLVED by the City Council of 1. 2. FINDINGS This application was reviewed as Zoning File 05-3125. The property is located in the B - 1, Retail Sales Business EMstrict which requires a minimum lot area of 20,000 s.f. and a minimum lot width of 100 feet. The property is 10,350 s.f. in area and 90 feet in width. i PagelofS ■j ■A... i: 5 ■j* T . U . • i 3. 4. 5. The Planning Commission reviewed this application at a public hearing held on June 20, 2005 and recommended approval of the conditional use permit and variance based on the following findings: a. The upper level office proposed will have no negative impacts on the surrounding area. b. The proposed wrought iron staircase consisting of materials comparable to the main building will reduce the negative visual impacts as viewed from the north side of the building. c. The staircase cannot be moved interiorly due to Building Code ciMiflicts. d. The proposed staircase will have a greater setback from Lyric Avenue than the handiciq> ramp, located on the west side of the site adjacent to the City-owned parking lot. e. The AC unit, gas meter and dumpster enclosure will also be located on the north side of the building, ftirther hindering an unobstructed north side street yard. f. The original Lyric Avenue setback was IS* prior to removal of the screen porch ai^ shed. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed conditional use permit 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 conditional use permit and 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 Che applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the Page 2 of S 1 applicants; and would be in keeping with the spirit and intent of the 2^ning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above flndings, the Orono City Council hereby grants a conditional use permit and variance per Orono Municipal Zoning Code Sections 78-644 (8) and 78-646 (E) to allow parts of the upper level of the existing building and addition currently under construction to be used as office not accessory to the aroroved coffee shop/restaurant, and for access to this upper level office through a 2'” story exterior rod iron staircase to be located on the north side of the lot at a setback of 2I.S* udiere a 35* setback is normally required, 24* was previously approved and IS* existed prior to the coffee shop use, subject to the following conditions: 1. Council approval is based on the site plan submitted by the iq)plicant and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover in the 500**1,000* zone shall not increase above 35% 3. Authorities granted by this resolution run with the property not with the miplicants, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance and conditional use permit will expire on that date (June 27, 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. 5. The undersigned applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants* heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. V,* .■ -9 IL:.. Page 3 of 5 I 11 11 a ■ ‘irtftl Adopted by the Orono City Council on the 21^ day of June, 2005. ATTEST: Linda S. Ve City Clerk Barbara A. Peterson, Mayor Property Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instnunent was acknowledged before me on this_day of 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota --------- W ----------------- ^ ^ ^ fwimicipal corporation and said instiiunent 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 ■ ‘i' - ? '• ^ 1' - V Page 4 of 5 i -mm i-. =. > r- w;--. dBiAttih A J 'V d i STATE OF MINNESOTA COUNTY OF HENNEPIN This instnunent was acknowledged before me this__day of 2005 by Philip Fisk, husband of Christine Valerius, husband and wife. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this__day of by Christine Valerius, wife of Philip Fisk, husband and wife. j2005 Notary Public Page S of S 1 pxmeif A D /) jJ Z Z D D J L jJ jJ C unorH 9f ^W»tASt* ^'.MArtWAtS MUST VB vi«oO(ittfr i*<»* y(^ K tOl^OR- SIMIU*^ 1® 1HB me op t»u4H»9e» c. nanobK Cimiinisaon ineettiig 6/20/05 CUPforoflBee Side Streep ^rbaoh fo r itiiroMe OB Northnide In April, 2004 we were given approval to remodd the home at 2377 Shadywood and convert h to a ci^be ahop/restaurant. Since that tipM^ we have leaaed foe o^e foop/restaurant area to Oniboa Coffee and they wiU be^^peoing eariy ftU. We are do^ extenrive updating inchidlng sprinkler ^stem, new windows and doors throughout, new exterior akling, stonework, and much more. This beautiful building will really updptp foe oomerat Navarre. Because we are chaiiging this buildiitg from residential to commercial, we are deaignatmg the north side to be our **utility** side. The new A/C units, gas meter and dumpster mofosure wfliBhelocated on fois side. WehavejemovednU foe windows at level,becausestreetIhecause of this. The plan that was previously approved allowed fin* a door on the lower level, north side. We are sinqrfy asking for this door to be moved to the upper level instead. The proposed staircase would be projecting no further out than the new A/C units or tl^ iloep font wasantaodedibr foe lowerJevd door. We intend to beaufrfy fois sideof thebuildirtg by using bushes, flowers and trees to direct your line of sight away ufohies. The dumpster codosure win be directly in front of the staircase so it will barely be vWUe. The floor plan frir Caribou does not allow fbr any excess room for an indoor stairway. The ADA requirements for handicap restrooms require us to take almost a quarter of the itiarfor npaoejuatfor3estiDoins..!lhbinjtaetf causes usahardahip. Wehave already reduced our skle yard setback by removing a shi^ and a three season pordi. The old aide yard setback was 15 ’before we removed foe shed and porch. Thank You Im 0- ..S ^ - I ilSl ,‘rri r-v ■r%yiK /o O UM-jt n ' n a a '^Vttmt «ftta«mmfVftmt«t«mttmTtf" }©!!?WRRST LM. FLOOR PLAN R » fuMuruM m^jFikjc^ ©2 ) SECOND LEVa FLOOR PLAN ^ ^ w-f^r iKiifiniitiiuiuii «• cuvm MfHi i««f« NWimii. mmmwm mm mm HL fettftyi im Ml 0i«fn««n I \tm i imtiiMt I •4 ' PJ • ■*, ^ ■RA .5- • .-• ;•:••'• V,,; , • <., V . MS.-<»' )';. V '•■r ? •-.m s. '1. ,v -2fj«as*»-^ MMM* RSU I % 'i : im POOIMi MMIMMIfOOf mamwmcmEncBb SIAKMOMBMMQMMNrMK ■mffMNMAtlOlidft Trx 1^«r « 4tJt lOMif n MN MMioilt X1 MO-• 419 f iTv«Mp«r YiUlMMD Ifm 01060 cMouftmMcor ! I-\5'l NOK:MM IliCO^K) VfirmMXMK COmMMNOM L dk.^4ait^ r CITY OF ORONO 2750 Kdky Parinray P.O. Box 66 Crystal Bay, MN SS323 (952)249-4600 ZONING FILE: OS-3125 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: June 21,2005 TO: Christine Valerius 5488 Tonkawood Road Mound, MN 55364 COPIES: TYPE OF APPLICATION: CUP, Side Street Setback Variance DATE OF MEETING: June 20,2005 PlamiBg CoBMissioB recoainicadcd as follows: To qjpcove a conditional use permit to allow a office use in part of the upper level of the building located at 2377 Shadywood Road, including a side street setback variance to allow a 2"^ story exterior stairway to encroach on the existing 24* setback by an additirmal 2.5*, or a setback of 21.5*, when 35* is normally required, 24* was previously q)proved and 15* originally existed. The Planning Conunission stipulated this approval on the condition that the stairway consists of a rod iron material that will match the proposed colors of the building. VOTE:FOR 1 AGAINST Applicant’s next scheduled meeting is confirmed as: City C oum U - Moaday, Jww 27,2005; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission or Council minutes, they are available fifom the City Recorder after review and approval by the Plaiuiing Commission or Council. If you have questions, please call City Planner Janice Gundlach at 952-249-4623. II Exhibit D Page I of4 Date Applicatioa Rccehrcd: 5-18-OS Date Applkatioa CoasMered as Coaiplete: 5-18-05 60-Day Review Period Eipiree: 7-17-05 To;Chair Rahn and Planning Commission Members Ron Moorse, City Administrator From: Janice Gundlacb, City Planner'J^ Date:June 16,2005 Subject:05-3125, Christine Valerius, 2377 Shadywood Road Conditional Use Permit Amendment, Side Street Setback Variance Public Hearing Zoning District: Lot Area: Lot Width: B -1, Retail Sales Business District (20,000 s.f. minimum) 0.24 acres (10,350 s.f.) 90 feet (100’ required) Application Summtuy: Applicant requests the following amendment to the conditional use permit for a coffee dio^restaurant q>proved in April of2004: 1. Conditional use permit to allow the upper level of the new addition to be used as office, >^ch is accessory to the principal use. 2. Side street setback variance to allow a second story stairway to be setback 21.5 from the side street lot line when 35’ is required and 24’ currently exists. Sti^RaeommendtMoH: Staff recommends: 1. Approval of the conditional use permit amendment to allow the upper level of the new addition to be used as office of a general nature as no negative impacts result with that use. 2. Denial of the side street setback variance to allow a further encroachment of the side street of Lyric Avenue, as there are alternatives to the proposed exterior staircase. Pertincat Zoalng Ordinance Sections Sec. 78-644. Conditional uses. Within the B-1 retail sales business district, no structure or land shall be used for one of the following uses without a conditional use permit: (8) Professional office and offices of a general nature. Sec. 78-646. Area, height, lot width, setback requirements and design requirements. (e) Setback requirements. No building shall be nearer than 35 feet to any front lot line, 35 feet from any rear lot line, 15 feet from any side lot line, or 35 feet to a side lot line adjacent to a street; except abutting or across the street from an R district, no building shall be less than 35 feet from such lot line. List of Exhibits Exhibit A - Applications Exhibit B - Hardship Documoitation Form f = t J (WS-3125 Juim20,M03 Page 2 of4 Exhibit C - Proposed Survey Exhibit D - Haidcover Calculation Worksheet Exhibit E - Pbotograi^ of North Side of Building Exhibit F - Property Owners List Exhibit O - Plat Map Background The applicant received a conditional use permit in April of 2004 which permits operation of a coffee shop, including the sale of prepared food. The applicant is now requesting to utilize the upper level of the new addition as a private office. The B - 1 zoning district allow this as a conditional use. Included in this request is a side street setback variance that would permit an exterior staircase along the north side of the building for access to the iqiper level private office. LOT ANALYSIS WORKSHEET Lot Arca/Width B-1 Lot Area Lot Width Required 20,000 s.f. (0.46 acres)100’ Actual 10,350 s.f. (0.24 acres)90’ Setbacks B-1 Required Existing Proposed Front 35 ’38 ’No further encroachment Rear 35 ’55 ’No further encroachment North Side (Lyric Ave)35 ’24 ’21.5 ’ (proposed stair access) SoudiSide 15 ’29 ’NO CHANGE Total Lot Area Total Structural Coverage 10,350 s.f. (0.24 acres)Allowed: 1,553 s.f. (15%) Proposed: 1,520 s.f. (14.6%) f' ^OS-3125 Junt20,2003 Page 3 of4 Hardcover Calcabtions Hardcover Zone 500- 1 Total Area In Zone 10,350 s.f. Allowed Hardcover 3,622.5 s.f. (35%) Existing Hardcover 2,686 s.f.* (26®/^ Proposed Hardcover 2,762 s.f. (27«/o) Side Street Setback Variance The applicant has requested approval of a side street setback variance to permit construction of a staircase, which would access the proposed accessory oHlce. This request consists of an encroachment of an additional 2.5 ’ on the required yard where 24’ currently exists, 35’ is normally required, and 24’ was iq>proved in 2004 for the addition. Because the staircase leads to the second story it becomes structural and must meet the required building setbacks, therefore requiring variance approval. Hardship Statement Applicant has provided a brief hardship statement in Exhibit B, and should be asked for additional testimony regarding the triplication. Hardship Analysfa At eomUerlitt apptlaithms for vmrUmee, the Phuinlng CommitshH skoll consider the effect of the propo sed vorhmee upon the heolth, sofety end welfare 0/ the community, existing and antlclpoted Irpffle conditions, l^tondolr, dongeroffbe, risk to the pnhilc sofety, end the effect on values of property ht the sorroonMig area. The Mooning ComnUssloH shall consider recommending opproval fee vorlaneet fiom the Uteral provIsloHS ofriu Zoning Code In Instances where their stria enforce ment wooU canse nndne hardship beeanse of circnmsiances uniqne to the Individual property under considerodon, and shall recommend ttyproval only when It Is demonstrated that such actions adtt he In keeping with the spirit and Intent of the Orono Zoning Code. Staff finds there is no real hardship inherent to the land to allow a iWther encroachment on the side street of Lyric Avenue. Staff feels that the existing construction plans could be revised to allow for an interior access. Another alternative is to incorporate a door on the northern side of the addition, at the main level, where the Zoning Ordinance would permit a stoop as a non-encroachment. Both of these alternatives would address the iqiplicant’s neml of wanting to access a private office without going through the coffee shop area. In addition to not having a hardship, the proposed staircase would have negative visual impacts. ConditfcMial Use Permit Analysb The B - 1, Retail Sales Business District is catered towards uses providing goods or services specifically to the residents of the neighborhood. While offices of a general nature do not fit into this category, they are permitted as a conditional use due to the low impact this type of use creates. Section 78-916 establishes the following findings under which the Planning Commission may recommend approval of a conditional use permit: Sec. 78-916. Granting of permit. (a) The plaiming commission may recommend and the council may grant a ccHiditional use permit as the use permit was applied for or in modified form, if on the f . v «N)5-3I2S J mm20,2003 Pag#4 of4 basis of the application and the evidence submitted the city makes the following findings; [ •’L . J 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 proposed office is allowed under the B-1 zoning district as a conditional use. The Planning Commission should determine if the proposed office is in accordance with the objectives of the Navarre area in making a recommendation. Staff finds that the Navarre area does contain districts zoned for office use, therefore the proposed office would be acceptable for the Navarre area. 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 Staff finds the proposed office would not impact the public health, safety or welfare. That the proposed conditional use will comply with each of the applicable provisions of this chapter. The proposed use would comply with the applicable provisions of the Zoning Ordinance, with the exception of the side street setback variance of which staff is recommending denial of. \ ■ Baaed on compliance with the conditions notes above, staff finds the proposed accessory ofBce would be in keeping with the spirit and intent of the Zoning Ordinance. IssMs for Consideration 1. Is there a hardship to allow a further encroachment of the side street setback? 2. Are diere alternatives to the proposed staircase? 3. Would the private office use have any negative impacts? 4. Are there any other issues or concerns with this application? Staff Rcconinicndation Staff recommends: 1. Approval of the conditional use permit amendment to allow the upper level of the new addition to be used as office of a general nature as no negative impacts result with that use. 2. Denial of the side street setback variance to allow a further encroachment of the side street of Lyric Avenue, as there arc alternatives to the proposed exterior staircase. City of Orono Variance Application Stnot Address: 2750 Keney Parkway Orono, MN 55356 Main; 952-249-4600 fax; 952-249-4616 Matktg Address: . P.O. 66 Crystal Bay. MN 55322-0066 Application # Date Received; Amount Paid; Staff; JNi/, Fee; $600 Renewal; $300 After-the-fact $1,200 Double Fee » ? This applicaiion form must be completed in foil. Applcant wilt be notified within 15 days as to the status of the application. Incomplete appileations will not be placed on Planning Commlseion Agendas. PROPERTY INFORMATION: Site Address: ___________ Property Identification Number (PIN): (Attach legal description to application if not included on the survey.) Date Property Acquired (month/year);□ Yes, I own the adjacent parcels. Present use of property: □ Residential /at)ther _________ Zoning District: __________________ APPLICANT INFORMATION: (Corriptete legal naras and marital status required for each interested party) Name: ______________________________________ Phone (home): aiyiQ Phone (work): Address: itA. ______!---------------------------------------^------ Email: /inoiMQ ____________Fax: An\-ii^An^ OWNER INFORMATION: (Complete legal names a.*id marital status required for each interested party) Name: Phone (home): Address: ___ Email: Phone (work): Fax: DESCRIPTION OF REQUEST: Estimated Project Cost; Describe the request In detail (attach additional sheets If necessary): ___________ i i I i i -i _____________^ / /Ilf --.j’ I REQUIREP SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. Pre-Application Meeting Form, completed by a City Planner. B’^^ompleted Application Form B’^^ompleted Hardship Docum<Completed Hardship Documentation Form Certified Property Owners List - owners within 1^0* of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department of Finance, Government Center, A-603 300 South 6'*’ Street, Minneapolis, telephone 612-348-5910 Original Certificate of Survey (signed by a licensed surveyor), meeting all the requirements listed within this packet, including hardcover calculations. Also provide one copy 8.5” x 11* or 11" X17" for reproduction. Completed hardcover calculation worksheets (as provided within the variance packet). Topographic sunrey - including existing and proposed elevations. Provide one copy 8.5” x 11" or 11" X17" for reproduction. Sketches or plans of floor arid 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." □□ APPLICANT’S ACKNOWLEDGEMENT: The applicant hereby agrees to provide ail 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 submltlino a complete application being aware that upon failure to do so, the staff has no alternative but to |t until it Is complete or to recommend the request for denial of the request regardlessyM potonHaHifCHt Date: ______ Date: Applicant’s Signature: Applicant's Signature: OWNER’S ACKNOWLEDGEMENT: The owner hereby acknowiedges^nd agrees to this application and further authorizes reasonable entry onto the property by Qtty pW. consultants, agents. Commission & Council Members for purposes of investigation an^en|cs|tion 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. Applicanto must be present at all scheduled review meetings of the Planning Commission and Council. If an applirant is unable to attend a s^eduled meeting, please make arrangements to have an authorized representative attend in place of the applicant and advise the City Planner assigned to your project ■ »•, i c I .* i 4 i » cl a* i .. . t •» »« ' i • l. 'L ‘ I City of Orono Pre-Application Meeting Form (This form It to be completed by a City Planner during your pre-application meeting.*) StrwtAddnsa: 2750 Kelley Paricway Orono, MN 55356 MaUng Address: P.O. Box 66 For Office Use Only: City Planner: \}^l Crystal Bay, MN 55323^)066 Meeting Date/Time: PC Date: JUNB 5%^ lUOOOM Main: 952-249^00 Fax: 952-249-4616 What la tha purpoaa of a pra-opplleaition mooting? 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: Wnber(PlN): »Property Identification Nbfnber (Pin): Zoning District: 6" I______Size of Property; DESCRIPTION OF REQUEST: □ Average Setback □ Side Yard Setback □ Rear Yard Setback □ Front Yard Setback □ Hardcover □ Lot Coverage □ Lot Area . □ Lot Width Other __<pJU>Arjk shur Applicant ’s Initials:undei DSHIP: Applicant has received the Hardship Documentation Form, understands it as it has been explained to them, and is aware that it must be completed and submitted in conjunction with their formal variance application. OTHER INFORMATION: *Pleasenote: Your variaim ap meeting during which this/orm Applicant Slgnatu^^ will NOT be accepted without a pre-application by City staff. Dale: li i;n> a).-IS- 1 r' Page 1 of3 HARDSHIP DOCUMENTATION FORM This fbmi is s rsquirsd submHtai 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 sHuatkms 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 unity. To prove a hardship, address all the relevant points listed below and answer thsin 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 editions allowed by the official controls.” « , CAnf\cft^ 2.The plight of the landowner is due to circumstances unique to his property not cmted by the landowner.” TVk all' 3.The variance. If granted, will not alter the essential character of the locality.". ■TThi^ lA p 4. "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter.” 4^1 c \ • i .>5 ►4.' •». 4 . \ i /r. * % ir i i ■t 4 4 5. 6. 7. 8. 9. 10. 11. Page 2 of 3 1 "Undue hardship also includes, but is not iimited to, inadequate access to direct suniight for solar energy systems. Variances shall be granted for earth shelter^ construction as defined In Minnesots^Statutes, Section 116J.06, Subd. 2, when in hannony with this Chapter." The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person's land is located." "The Board or Council may permit as a variance the temporary use of a one*famiiy dwelling as a two-ta{pilf'Bweliing." "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 L-heA « LotJq r- ^ f J 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." ^ /TT.-' €. *«s|- M c« ipi ♦ \ 1u * ^I }i .4 .{ ---. ... r i Page 3 of 3 12.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 Statemint Should you feel the hardship cannot fully be described in the above criteria, describe the unique hardship, practical difficulty or unusual property conditions preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): u^tll no"1T kjg_ 4^^Hu 'h&t^_____ A ------IM- I.IH- ~k 1 D /) iJzz z D D D Z X z -J X "m I;I JS ,/ -te' HARDCOVER CALCULATION WORKSHEET SETBACK ZONE; (CIRCLE ONE) 0-75' 75-250' 250-500' EXISTING HARDCOVER IN ZONE A. House ____________ X « Ungih Width X X X B. C. Driveway trrr tm-r X X D. Sidewalk C^^JUUJ±J:/d££^i.K x _________________ X E. PatioADeck X X F. Landscape Underlain By Plastic Or Fabric X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _ __ _ _ _ _ _ 4- B X100 - . PROPOSED HARDCOVER IN 7JMfV. A. House Length B. Oarage ___________ C. Driveway 72. X Z0 /Z X /» i y Width X X D. Sidewalk cuau*. /2/ ^ V7 _______________ X E. Patio/Dcck ^*000/00 *rrj>tf x 27P-A Zi. /W0A0/f0 ep000£0 art-A t // X 7 yt0^0tf0 rrjiAS *f>Snf.s. 'f-SMg.S F. Landscape/<*^<^*W tr0»'tsttte'± Underlain AAgAMtea rr-Aig /^x y By Plastic /0000rgq ///<■ x -din^ x • ' Or Fabric G. Other TOTAL HARDCOVER IN ZONE total PROPERTY AREA IN ZONE A __ _ _ _ _ _ + B xlOO 4^ ftry „ y*e J4.jrr. S^/9-e;s ^0-1 od9^ ^2.y S.F. S.F. S.F. S.F. <FS S.F. 7«P C S.F. __ S.F. Z^/ S.F. ______S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. SSO S.F. S/ % A B »^07 S.F. •CYo S.F. »/Zo S.F. --------IZ S.F. SI S.F. SI S.F. *S.F. f'ts S.F. es S.F. 3/0 S.F. «2-jp S.F. €Z 3 2 S.F. SI S.F. SI Yz o S.F. S7. Z7€^S.F. -./tf S.F. *Z€, €J % /Zt j‘^, ftr. I H I. friifl -r--J \ N :\ Sfj-l -v ■m yj m .'■ 9> ‘ ' . . \ r . • P! «c3idr?:v',-:?«-. - j >y(r«''.i‘''' ■■}■ ■ ■■ ‘.•■V V •■■'X;cV‘< - * V ■m ^ .'ft . ®-VBiSBS IHs^» o.'Vi-f. A V • rd'. y . "• •* • .,> .v * V,-vVc •• \ rJlf:i.y.:, i' • -i-- • ■ i • .1^--*.j, -ijp ■'.uu-vass: !S5fe» 'V- • —L.. i?-..:"k..;r. V ; fl ' \>mt * #</• ■} Vli t s' , . ,-r‘ < i^^.f ^ f >-♦ < f \ *~ * ‘ ' . . 4 - %';,,fV; w. ■{ mm- u * /r^^vv i*i ■’5-;. «iM '; ya^ i4i^-. lv .'.-J ilMMIltlOMNM M 171 THOOM3 ^ PRXIAOM MU UWOflONAVB 1/ OVMilMMi CARLBIOMBI COBOW TAWAYWt CAIILBBOMOB4 CAMMBTRO N/MI/AOCW MULPMOnONiVe WAVZArAMN S.‘19l M l7r72M300U PBMADM 3443 U/BIOnOICAVB OlMRHAMl MNMILNBaBR TAXPAVWl MNMILMMWl WMWABOB 3443tr*mQBTONAVB WAVZ/TAMN l'3»l ^ IP 31 171 mnom nyfAotm. 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OWIBRNAMB RJCHARC WBUXiy OUST TAXPAYER RttHARCWBtOORQWST NAABMOOR 3333SHO lELMEDI FOBOK II •UVARR.'MN sot* PROP A1 OX OWNER NA3IB TAXPAIBR NAME//DOR 3i 17117234 0063 34 5 UVINO TONAYE D'^AENBPXe DINN8VA rVELYNNSWCE 34 SLMNCXrONAVE W.*YZATAM4 55391 31 17117234 0077 PROPAIOR 34 I LYRIC/.VE OWMERNAMB UISMHUD10W TAXPAYER UBMARIE lUDLOW MAME/yODR 34ILYRJC/V W.iYZATAM4 55391 31 17117234 0010 PROP A IDR 34 « LYIUC. .Ve OWNER NAME M NNBPIN F tRPEITEO AND TAXPAYER aTOFORCMO ^ NAME/yDOR PnBOX66 OYSTALB/irMN 55: U 31 17117234 0013 PROPAIDR 31 ADDREK UNASSKXlED OWNER NAME MNNEPINPiRFEITED AND TAXPAER a.TOFORCMO NAME//DDR POBOXM O YSTALR/YMN 55:23 31 17117234-0091 PROPAOR 34.6 SHORE-B4EDR OWNER NAME 01RM-TOM ARTNERS BP TAXPA'ER 01 RM-TOM ARTNERS 4T NAME/iODR 03 COURT llACFARLrNE 1117 HAZEL' WEBLVD 9S3S CIIASKAM3 SS3IS Paj E:I * fn'■X) ^ V .//*: ?* .i- *.J I T 7V *'4 :* ' ^ V! '.,1 y \ '} "I?;; ■ X I7U 7234IOIS4 PROPAMM 3<)S UVBC.*T0NAVE OWNBNAME SERYLAB O^DAMDJBEa &K.I TAXPAIR O.VIDAnifYLBELI NAME/.OOR MOUiMfeTOHAVB WO/MTAiN SS391 «-K3 coU_ ro I* a) "i * ' ' ,',' '"'■ B-‘ - . . ■■r.i;,. •' t i . i.' . :• ■,vV..‘ Mi.4*l:UMK 31 I71.72]4400» 4 31 AOMteSSUliSSKMB) I E TOWN irOMMC 3 VAYBA OTYC^OHOMO ^ rOKX.M CE.YnU.BAYM I 53323 h MVADCN 31 171:72344000: P OTADOE 3IAn«B»UN<SSIQNEO O mBENAf B HBNWnNPOBnnEDlAN » T 3VAVIE OTYC 'OMMO NMVADOl POBOCM CEVS1\LBAYM4 SSi23 * 31 171173344004 POPADOE 3334P\VAEEE1A 0 VNIEMAt B AMYI3AEECU ITS OMIT I T XPAYBE CUEII EOBBET MITN NiMWAMM SSMNiVAEEBLl WAVZ.TAMN ‘1301 1^' 30 17 172344004: X POPADOE 232KUVBAVB CnMEMAIlB ITJACanONE .DJAOOiiON TiXPAYBE JTMOBIONE .DIAOOf ION ElMBCADO 2S2BOJVBAVB WAYZOAMN :S3ft 30 17 173344007 1 POPADOE 2l34i4AI7YWOiOED CIONKNAIB MAETNTOAEBIPA llXPAVR 4U4VAOO MAETNTBAEB PA not B AlWOOD oVB MOUP3MN 5KS4 30 17 17234400131 PlOrAOM JIMtAVAERBA CMMElUa PAUL tOEBOOOPANY 1 «OWVm PAUL UIRBOCM PANV ODXiNEPPAlP JOIlLUaiAVB wrnilBAEUXMN 55 10 HEW SPINGOI NlYm PBETYD FOEMAl;ONSYSr.eM PIOPEETY 7WNEES JST PAOI • I ('30 17117. PEO ADOE 2300 SKA 7YWOOO 0> OWI OENAMB PAULAa BOOMPA lY TAX AYEE PAULAO BOOMPA lY - NAA3MOOE OOKlHNBIPAfP soil LAE AVE WHirEBI AEUXE IN SSIIO 30 17117 3440009 PRO ADOE 2377 Om 3YWOOO (D OW7 OENAMB MARCS^ TAX AYER MAEC^ NAAEMODE 433JK(s 9S3f r 30 17117 3440063 PEO'ADOE 3344 0UBAVE OWI OENAMB VALBEIE fCOYKOP OALL v TAX AYBE VALERIS fOOVKO OALL U ^ NAAVADOE 23440U1BAV6 WAYZATiMN 5S3 I 30 17117 !3440044 PEO *ADOE 2310 OU *BAVE OWI OENAMI PATMCK WOULUV iN TAXAYn PATEICEWOULUViN NAA l/ADOE 23IOOIP EAVB WAYZATIMN SS3<1 3t l7iri!144007S PRC > ADM a?JR ait DYWOOO 1 OW.lRMAMf lABIRiaON TA> ?AYIR JOHNCI RARBAIL EERICSOi MAI EVADOR 1ilOiHA}YWOQO 0) WAYZA1VMN mn PK’ADDR OWIBRNAia TAIPAYIR MAra/ADOR 31 1711:13440071 31 ADOfesaUKAS PAULACIBOOMP/NY PAULAC IIOQIIP/ NY ODXM BPPAPP soil LAI SAVE WnnBiARLARENN .y 5S1K 31 17117234 0007 PROPAMDR 23 4 SHADV YOOD ED OWNER NAME P/ULAORE X3MPANY TAXPA ER P/ULAGRE t)MPANY NAMEAoDOR OIJOHNBJPAPF 5C ILAKEA/E WirTEBEAP LAKEMN S5110 31 17117234 0015 PROP A >DR 31 ADORES! UNASSIG lED OWNER NAME » NNEPINF IRFETTED TAXPAER anrOFORCNO NAME/4 DDR P IBOX66 QYSTALByYMN 55:23 i •• - • :r *. . t•••s 31 171172J410044 PROPA )OE 23 II OUVE iVE OWNEI NAME ft ULMAOC NNEY TAXPA -ER P^ UL J MAC 3NNEY NAME/. DDR 22I0OUVB/VB WVYZATALN SS391 31 17117234 KW73 PROPA 3M £14 SHAOT WOODED OWNEI NAME 0 tEKMOf KRID TAXPA'ER r EVEN RE KAREN MNIXRID NAME/DM £14SHADY 9000 RD W\YZATA4N SS39I • * . • 3i 1711723410076 PROPA3M X16SHAD1WOOORC OWNEI NAME X HNCEE BBARAB 3EICSON TAXPA'ER XHNEBAP BARAERiaON NAMB/tDOR II20SHADY WOODED RAYZATA4N SS39I X 171I723<40079 PROP/aOE 2:41 SHAOl WOOD Rt OWNS NAME LIUBEAaiKlBLHaiP TAXPA/BE LlUBBAaMOBLIfOIP NAME/U30E 141 SHADY WOOD RD RAYZATAIM 5S39I f: fN rfS.. 0^* **^-^*m» 9 <-!1 V*-v'i • * •. -.N — 9CX' V * ^ -. ■**. •' ■%'■>'■ ' ! i RUNIM (B: MUM I M 17: l7a3440N • r.orAOMt MAOiMntMXtiONB) y CMORKAIIB T0WN3P01IDM ^ TJffAYBR «fvrrA.«^ KVMVAOn anrcFMONO k )bo .:m CmiM.BAVM<l 5SU1 . M I7 I7234400I. 31 AO MBS UM 4SXWID CMORHAIIB UPA'tBmMOl«HOMK«NBM TOVAYtR UFA^irfBUOliBHOMK fUOVADO. FOBCX4I MMM TONKA II ACM MN 3SMI WN^ » 17 l723440ICt MOT ADO* 33M IHOMLMI OK CNNOlNAa UMT DAVBKIIKNBN lOVAVn UMTKOIMNSt TMMMOOt IMOStOmUNiDll rOKXI MAVAUIIMN :SNS N » ITOIIOKt rwrAOw tm!HouuM OR CWNBINAA MOTlOMrANY loiTAm aural vauisthubinc lAMVADOt 00R^*AT•TA:0■rT poKxm i ^ UrtlKN SS4K V/^ ■ ' v> I , Him Bf IN CO JNIY nu iraRTy l jfomia * ion SY $ *£M PI mmr 3WNERS LIST {«GE:} 3t I7II7{3440014 PRO'AOOR OWIIRNAME TAXPAYER NAk VAODR aSSOOUfRAVE . I <2 ^UfCtieS MO'AOOR OWIIBRNAME TAX7AYIR NA>;SMOOR 3: I7I1723<400IS PROPAOOR 3:W SHORIUNEOR Om^mJL D fwv« )«>•' OWNBl NAME V}YAOeURSERVICe< BNn»Snc (UdTll'ILL '*CMii|(«T5RYl TAXPAm VJYAOEURSERVICBCBNTIRSIIC / 23SOOLPRAVR I'tO U>0#^ NAMETlODR P 3BGK0S ^ WAYZATVMN 333•! {>>ck.U NWARREON SS393 30 I7in (3440009 CCV’t ^ ’ PROP/HM 3:n SHORIUNEOR . //^ OWNB.NAME D)NAU>F»IOpARVS,XETAL TAXPA^ D >NA^ CARVttXI POUNDMN 33364 3i I7I1723< 40100 31 AODtsSSUNASaONEO CTTYOF'IRONO cmroF'iRONo roaoxio CRY8TAI BAYMN 33333 NAME/U»R po^it< 3 J j PRC7ADOR OWSRNAMi TA>PAYER NAIIVAOOR 31 I7ir. 13440101 ^ 23SS SHiOYWOQORO SHSCWnOTASJ CHMIOr ITBPHD HSCHMD<T MMHIOaANOBt/O M0UN0 4N 33364 3 171173> 40106 PRDP/DOR 2M SHAD'YVOODRI OWNBI.NAME P(YUBHE40ERS0N TAXPA1TER PIYUISHB'IDBRSON NAMOUIDR P)BOKI17 VAYZATAItN 3S30I 3t lOir 23130034 PRCPAOOR 3413 IMiRBlMOl OWANAMI RMKIA^BIfYPAkR.YL10PmRP TA3PAY1R RCNARIiMKEAVINY NAMVAOOR RBVUVNOTRUn 13403H1’YN03 VOUNO JilRlCAIfN 33397 f • , \ t i r ICBRTI^THATlHBPAC SREPIUBSNrBDiJlBANAXUlA'n AND IRUBRSTMUBirATIONOPBrailAIION/S rTAPFBARSTHSDATECNTIBRJXXMDS OPTICWW<BrNOaUNIYTA3ffAVBR8n/lCBSOe>AinMST.TO1H3BeST W OPMYOIOWIJBSQEANDBEIJBP. . C-----A BY P * c*-;4 I •,'i 4 » *: m, ■ .•VJ Knfl Hc'nncpin . 7i^;:^'^y^ :: .»* t A-.. . S’*.'.*’*. ■•t*. ♦ 'JV&';?i\'-<; h:"..^'V ■; . . V ’-tssi: Hciiinepin Counfiirf'fisgiv Taxpayer Services Depai|^p§|i # ,<■' ■'5-V .w* . - ,;.Vv«5= 'V-.- i ‘v:v Ui/e. ttlfce/ Infommtion A^reoi ID 1711723440009 ^TKoui * ci?> -- Numb«r 2377 •tiMl Nam* SHADYWOOD RD k mafanol t itgalfyriconMntap. It npreaents a compHaUon at itikm^Son.‘v* and dal* ftow 0«y. Counfy, and SMa /oad authorities and olhafsoutcas. -i illfflittfiifiD REQUEST FOR COUNCIL ACTION JUN 2 7 2005 DATE: Jim 22,200S ITEM NO: fj CITY OF ORONO DcpartMMt Approval: Na«M Ronald J. Moorse TMk City Administrator Admiaislrator Reviewed:Agenda Section: City Administrator’s Report Item DeMrtption Application for Paym^t No. 14-Final-Revised - Long Lake Fire Station, Rochon Corpocmion Roebon Corporation, the general contractor for the Long Lake Fire Station has submitted their final Application for Payment (No. 14 - Revised) in the amount of $17,548.21 (see attached). The application has been certified for payment by David Kroos of BKV Architects and a hen waiver has been provided. Application for Payment No. 14*Revised, if approved as submitted, would complete payment on the contract. With the epoxy floor having been reinstalled in May of 2005, all punch list and warranty items are now complete. The Cities have been withholding $17,548.21 due to the epoxy floor issues. Subcontractor Diversified Coatings has redone the epoxy floor and has provided a standard one-year warranty on that work. If approved, payment will be made from the Joint Fire Station Construction Account and must also be authorized by the City of Long Lake. COUNCIL ACTION REQUESTED: Motion to approve Payment Application No. 14-final-revised, for the Long Lake Fire Station, from Rochon Corporation, in the amount of $17,548.21, and to authorize payment from the Joint Long Lake Fire Station Account. JT A. I i 1 ■ iwiT ifti—namiai inaii~»~air ..iL ■1 • *2 Agenda Item No. 4.K. REQUEST FOR ACTION LONG LAKE CITY COUNCIL June 21,2005 Subject:Final Application for Payment No. 14*Revised - Long Lake Fire Station, Rochon Corporation prepared By: Steve Stahmer, City Administrator Rochon Corporation, the general contractor for the Long Lake Fire Station has submitted their final Application for Payment (No. 14 - Revised) in the amount of $17,548.21 (see attached). The application has been certified for payment by David Kroos of BKV Architects and a lien waiver has been provided. Application for Payment No. 14-Revised, if approved as submitted would complete payment on the ctmtract. With the epoxy floor having bera reinstalled in May of 2005, all punch list and warranty items are now complete. The City has been withholding $17,548.21 due to the epoxy floor issues. Subcontractor Diversified Coatings has redone the epoxy floor and has provided a standard one*year warranty on that work. If approved, payment will be made from the Joint Fire Department Construction Account and must also be authorized by the City of Orono. CITY COUNCIL ACTION REQUESTED Motkm to approve Ifaial paymeat to Rochon Corporation in the amount of $17,548.21 as certified by Application for Payment No. 14-Revised, to be funded by the Joint Fire Department Construction Account (i BK \/ *L ■ :l^n *'Jv G R O U ArcKitecture Inter .or Design Engtneering Boirman Krooi Moftl Group Inc p- Wm Vf’'''- yr I A. ■..'» %>•' ■■■ V. ■/•, ,. ;!'.V"* < ■ .'j 1 '< m 222 North Se Minneapolis. I Telephone 6 Facsimile: 61 2.339.621 2 www.bkvgroup.con EOE •. . ■ • •■ ■:;i;.. •-,> .• v.v '::•* Mr. Steve Stahmer, City Administrator City of Long Lake P.O. Box 606 Long Lake, MN 55356 Dear Steve, Enclosed is the final payment request for the Long Lake Fire Station as submitted by Rochon Corporation. Please let me know if we can be of further assistance. >avid Kroos :mm 1 WAIVER OF CONSTRUCTION LIEN, PAYMENT BOND AND LIEN FUNDS Novend>er 1.2004 For good and valuable conakkratioii, the undetsigned beieby irrevocably and unconditionally waives and reloMes any and all (a) rights and claims for a construction or odier lien on land and buildings being constructed, alleted, erected or repaired and to the appurtenances fliereunto,(b) rights and claims on any piyaieat bood(a) Atmtahed in conjunction widi said constmctioa, alteration, erection or repair, and (c) tights and claiins for lien on money, bonds, or warrants doe or to become due to the prime contractor gie refo e. The property coveted by this waiver is owned by City of Lone Lake (owner), is located at 3^ Willow Drive. Lone Lake. MN is described as Lone Lake Fire Station and this waivCT pertains to a portion of the work to be performed by Rochon Coiporation (prime contractor). This waiver coven all labor, material and supplies for construction, alteration, erection, and repairs ftimishwl hy the imdefsigiied under a contract wife City of Lone Lake throueh the date of this waiver in the smotnu of SEVENTEEN THOUSAND FIVE HUNDRED FORTY EIGHT A 21/100 DOLLARS ($17J48m This lien waiver is not valid until the anaount listed above has been received. Company K bon Corporation Contractor Waim Form ■■ ■ I «a:-v . . i. : •: -t: - .. w MQCONtO^lMfl IMiWii LonelJl«.MN«6aM UOmcrnDif^ LonaUI«.MN663ae AmJCAnOM NO: 14 (REVIseO) muOOTO: 310CUM mOII(COifnMCTOII>: NoMiCotporM* SiiO MiNipQil LM Nsffi. fylli 101 WHWdMh.MN 10447 VM (MPNfICT): iMV OfWN 222Nodh2ndSmi MnnMpQit.MN 66401 AIICHITfCrt MIOJfCTNO: 181601 COWTWOCTFONi CONT1UCTOATE: COmiUCTOirt/imiCATIONFOW»AY CMMM ONOni SUMMARY Oipnoo Ordtof ippptotod to ADOmONE DEDUCTIONS TOTAL 28CU2140 AppfouodtotoMonto Nuntoor DolaApprovod i to200004 6.66600 TOTALS 6J6S00 000 111266,066.40 AppOcHon it moOo tor PoymtfO. M thown b«low, in oonntciQn iNto tw CoiiOoci. Cof«6uiion ShMU Subilluto AlA Documtnl OTOSitaMiod. 1. ONIGMM. CONTRACT SUM.. Z NilChtnotOyCnanonOrdtft. TH» ufiOMoniO ConMtr evONt MM to •« bMl Of IM ConOKlon , MtonnoOon M MNf too Rtoto eovtotO tof flit AppicMon georOtotoO toil too ConM thtto soon poiOOy too Ceitooctof tor tototo tar wWcRprt¥touoCiONwtoitorOto(iwwiwtoOlMMOdo<topoyintn»foco^ •rom too Oivnv. onO tool conoto poymoiN ohoiin tiiioln to now Out 5 CONTRACT SUM TO DATE (Uno1»/'2)... 4 TOTAL COMPLETED 0 STORED TO DATE-. (ColuninGonGTOS) 6 RETAINAQE: o._«ofComptotodWorti (Colunvi D^E on G703) 6_%afStorodMoiiitol (Coliimn P on G703) Totol RttoinaQt (lino 8o«6b Of imOTOOO 266.006 40 2.236.060 40 2.230.066 49 Totolln Column I of 07031. 0. TOTAL EARNED LESS RETAINAGE (Lino4iotoUno6Totoi) •• *•« • <000 2.236.960 49 ::zm 7. LESS PREVIOUS CERTIFICATES POR PAYMENT (Lino 6 ftom pitor CorticMO).. Jtoto; Novombor 1.2004 t CURRENT PAYMENT DUE.. ... 0. BALANCE TO P1NISH. PLUS RETAINAQE (Uno 3 ton Un« 6) 2.210.406 29 17.548 21 000 Stotoof MnoMoto CourOyof; Honnopin Subtotofd ond Mom to bitoft mo tM IN dtof of NovomMf. 2004 NotoryPuMto My Commtotion i«iuwy31.2006 ARCNfTBCrS CaHVCATB POR PAYWfr In occoftomo wito too Conboci Dooumonto. boiod on on^ obiontoioni ond too M oompitoino too oboM ipoicMton. too Aitiitoci oiftAot to too Ownw tMiio too boil of too Arctotocri toioMidoo. intomtolon and bilif too Mtoh hot pfOtoOMOd at mtooitod. too ouoHy of too Wofli to In oooordtoK^ lOto too Comnd OocwmaniL and too Coaboetor to of tot AMOUNT CERT1PIEO AMOUNT CiRTtoMD I tom Ptt amoum appltd tor I Mbit. Tbo AMOUNT CERUPlED to p^obto only to tot Contactor nomad htroin tiauanoa.poymtniandaccaptonco of poymtN ait Mtoouf prtiiidtoo to any ngnit of tot Owntr or Contactor undartoto Contact Ma/for PAGE20F2 CONTINUATION SNEET SoMIMt AIA Doetuntnt 0701 LONG LAKE MIE STATION AmiCATION NUMtill: AmiCATIONDATE: pimooniOM: TO: CONTIIACTOirS PROiECT Na. i4(ficv»a>) l-Nov-04 1-7M4 310cl-«4 om 01000 01 1M oaoo 02000 02S12 02010 02400 19000 01410 04200 GOiaRQMTS iONO ■aiithwork 00100 00100 00300 07030 07100 00100 00010 omo 00300 ifTEiinUTlES OPHALT PAVING ITECONCf«TEmC0l| LANOOCAPINO CONCNETt PNccASTcoNCfiete IMONRy AIICHPNECAOT TULPAOMCATION 0TEfi.ENfCTK)N CANPEHTflV :ARPtNTRVMAT\a MHO.WONK HOOPING matcmpnoopino CAULMNO HMDOOR8MPOI ACCESS DOORS SSCTOVCNHEAOOOOfl COlUNO DOORS MV0001MIN001N8 3LASOA2LAZiNO 10300 10100 10000 10600 10200 10020 10100 10440 11600 DRVWALUEIPS CERAISCmARRY THE ACCXlSnCALCSlUNOT CARPET/VINVITILE EPOXY PIOOR PAPinNCyVINVt FlAOPOiCS rOitCT PARTITIONS rOHET ACCESSORIES LOCKERS LOUVERS FIRE EXTINGUISHERS CHALKTTACK BOARDS lOENTiPVINO DEVICES 12000 13100 11130 10600 16400 10300 10000 RE810ENT1AL EQUIP 12460IMINOOIN BUNDS FLOOR MATS VEHKXE CURTAIN iPROJCCnONSCRC^ HVAC PLUMBINO FIRE PROTECTION ELECTRICAL SUBTOTAL FEB VAUH 00J0O3O 16J07 00 107.30004 117.23300 62J037S 2M02.70 61.67400 00.70610 173JS300 118.01100 6J77 00 74JB076 27.064 00 30.03066 0^2347 20.473 a 1204)77 70 63000 7.106 00 270000 307 67 a.ooooo 30600 20.7007 140000 660000 130000 o.oaoo 22.70700 20.72000 33.oaoo 10760 2.70000 20300 21.07600 10000 604 12 1.112 00 3.066 00 1.415 30 2.002 00 2.31600 2.006 00 10106 130.760.00 177.327 20 30.62000 t04j0630 2.1314)1030 100JS714 OPUeATKM 00.60030 16S0700 107.30004 117.23300 77.00106 23J0270 51.674 00 00.705 10 173.06300 115.01100 6.077 00 74.00076 27.064 00 30.03666 0.42247 20.473 a 120.077 70 63000 7.10600 27.56000 307 07 40.00000 3.06500 20.7a07 14.20000 55.00000 13.07000 o.oaoo 22.707.00 20.72000 33.oaoo 1.037 00 2.70000 2J6300 21.67600 14)0600 60412 1.11200 3.065.00 1.416 30 2.oe^oo 241500 ^006 00 10106 130.760 00 177.327 20 30.52000 104JOS30 2.00640100 106437 14 TMO APfUCATVN 000 000 000 000 14402.70 000 000 000 000 000 000 000 000 0.00 000 000 000 000 000 000 000 000 000 000 000 000 000 000 000 000 000 000 000 000 000 04)0 000 000 000 000 000 090 000 000 000 000 000 0.00 14.00270 ooo MATIIIML 000 000 000 0.00 000 000 000 000 000 000 000 000 000 OiX) 000 000 000 000 000 000 000 000 000 000 000 000 000 000 000 000 000 000 000 000 000 000 000 000 0.00 000 000 000 000 000 000 000 000 000 000 000 TOTAL TO DAT! TOTAL coo 00.60030 15.007 00 197.300 04 11743300 02403 75 23.002 70 51474 00 00.705.10 173.60300 115.01100 s.onoo 74.00076 27.064 00 36.03586 0.422 47 20.473 a 1204)77 70 63000 7.16600 2748600 367 67 a.ooooo 346600 20.7a 07 1440000 56.660 00 13.070 00 e.oaoo 22.707 00 29.72000 33.oaoo 1437 50 2.76600 2.063 00 2107600 140600 564 12 1.11200 3.66500 1.416 30 2.00200 241600 2.66660 10106 130.76000 177.327 20 30.62000 194.005 30 2.131.01030 105.037 14 100 100 100 100 100 100 IX IX IX IX IX IX IX IX IX IX IX IX IX IX IX IX IX IX IX IX IX IX IX IX IX IX IX IX IX IX IX IX IX IX IX IX IX IX IX IX IX IX IX IX TORMIM Gsvfvg!! irn ox ox ox ox ox ox ox ox ox ox ox ox ox ox ox ox ox ox 0.x ox ox ox ox ox ox ox ox ox ox ox 0.x 0.x ox ox ox ox ox ox ox ox ox ox ox ox ox ox ox ox ox ox ox OfTAMOt ox ox ox ox ox ox ox ox ox ox ox ox ox ox ox ox ox ox ox ox ox ox ox ox ox ox ox ox ox ox ox 0.x ox ox 0.x ox ox ox ox ox ox ox ox ox ox ox ox ox ox ox ox • Vf ^ WAIVER OF CONSTRUCTION LIEN, PAYMENT BOND AND LIEN FUNDS November 1,2004 For good and valuable comideratioii, (he undmigned hereby irrev*- cably and unconditionally waives and releases any and all (a) rights and cWms for a construction or other lien on land and buildings being constructed, altered, erected or repaired and to the appurtenances thereunto, (b) rightt and claims on any payment bood(s) fitmished in coiiiunction with said construction, alteration, erection or repair, and (c) ri^tti and claims fot ben on money, bonds, or warrants due or to become due to the prinK cmitractor therefbr. The property covered by this waiver is owned by City of Long Lake (owner), is located at 3^ WiUawDrivei aiM « deicrilied as Lone Lake Fire Statioo and this waiver pertains to a portion of the weak to be performed by Rochon Comoratioo (prime contractor). This waiver covers all labor, material and supplies for construction, alteration, erection, and repairs flimished by the undersigned under a contract widi City of Lom Lake through the date of this waiver in Ae of SEVENTEEN THOUSAND FIVE HUNDRED FORTY EIGHT A 21/100 DOLLARS tii7J4g.2n. This lien waiver is not vaUd until the amount listed above has been received. Company Name Rochon Corporation 1 AP»l^TIOIIiy«ClllWICATir0IIPAVMlllTtlUMTmiTgAUI)0Ct<tl6>tT07M)PAGl0Nt0^2Meil IttiftfUAvanut UfigUht.MNa63M 340\MMowOrlv» Long Ute,MN 89366 AFfUCATIOfi NO: 14 (RSVISEO) OtmOOTO: 31-0ct04 iCCONnUCTOII): Roctwi Coipofolon MM Awvgeli Lono NoftL Suit 101 RynOOH.MN 16447 VIA (AIICMTttT): tlCV Ofoyp 222NorliM8lrotl IAnnMpOlN,MN 56401 ARCHITICrt MIOJiCTNO:151601 COmMCTROil; HoiWlCMMWiMM^IiMMi_______ comiucnii^AmicATiOMFOiiPAv^ CONTIUCTOATl: iyOMOir TOTAL TOTALS AOOmONS 2MM146 6.66600 5J0600 OSOUCnONS 000 2MSM40 AppOcMon It nwM tar Ptymont M ihown b«iow. in connoellon witi fit CorilrocL ConlriuMcm SItML SubtliM GTOSitiMitd. tin COMMOr CMto M to «W bMl Of M CerMCMH iDf POyOMOl INO tow COMONM M ocooroonot «M< tw CoMtod Doeumonk. OlOl W omooMO now tow tow by Olo Contodor lor WoA lor oWdorWwCittlcottolbtnudonKrdoiioModondtoiidodotocdwd tow Oio Ooiiof. dW Old cwod poyowoWdiin iwdn • iw» «• cflwnMCTO^otnw co^otio ptlt: Noi«nMM.2004 1 ORK3INAL CONTRACT SUM. 2. NttCMnoiOyCntngtOtatrt............. 3 CONTRACT SUM TO OATS (lint 1«/*2) 4 TOTAL COMPLETED 6 STORED TO DATE. (Column Q on 0703) 5 RETAINAGE • _% of ComgUNd Work (Column D«E on (3703) b._% of Siortd Milinil (Column P on (3703) Tow RoMlntoi (Lint 8t«5b or Tow m Column i of 0703^....... 6 TOTAL EARNED LESS RETAINAOE. (Unt4ioMLlnt5Toial) 7 U88 PREVIOUS CERTIFICATES FOR PAYMENT (Lint 6 bom pnor CtnScatt) S CURRENT PAYMENT DUE 0 BALANCE TO FINISH. PLUS RETAINACSe (Lint 3 loti lint 6) 1.660.970 00 266.666 40 2.236.06640 2.236.65649 000 2.236.656.49 *t •»• ••*»•*•«•«** 2.216.406 26 17346 21 000 7-J SMItoT lAnnttoli Countyof; Htnntpin SubtolbtO and twom 10bttort mt mm 111 ORf of NovtmMr. 2004 Notary PubHc m ftmanwm lOMirmc moammmi m accoiBmt Mil Oia Oonaad Ooeumtnii. bitad on on-tat obatrva6ont and fit data compnNno fit about aoMcaaon. im Arcfiaaci otiiBai 10 Otnar fiM 10 Iht boM of fit ARfiAKri imotAidoa. miDimaion and bMM mt vtoiiiHooprooraiiadaiindicatad.iiOMioMyofO>aWomiainaccorMnco Mth fio ConM OooumoniL and fit Confodor it onfiM 10 paymani of fiO AMOUNT CERT1FW AMOUNT CERT1F1IO. (ABadi tipianatfon f amoimi J 222^^ nogotabit TtwAMOUNT orfylofitConiraciornamtdritrtin itsuanct. pojAntnt and accopianct of payrnom art wNioul proiiAtoa 10 any ngnii of tit Owntr or Contractor undtr tvs Contract PAGCaOf 2 CONTINIIATIONiHiET SubtHMt AIA Doeiimtfit OrOI UMO urn Fit! tTATIOII AFfUCATlON NUMMfl: AmiCATIONOATl: PMOOFKOil: TO: CONTIIACTOirt fflOJiCT MO: 14(MEVISCO) 14lov-#4 I14kl44 02fi VAilll «mK*noN 1MR PUCATVN sTom MATlUt TOTAL TOOATI % EAUMC8 TOFMIN OtTAMAM 000 000 06.566 30 100 000 ox 000 000 15.607 00 100 000 ox 0.00 000 19710904 100 000 ox 000 000 11713300 100 000 ox 14.002 70 000 92103 75 100 000 ox 000 000 23.802 70 100 000 ox 0.00 000 81J7400100 000 ox 000 000 06.705 18 100 000 ox 000 000 173.683 00 100 000 ox 000 000 115.011.00100 000 ox 000 000 5.677 00 100 000 ox 000 000 74J89 75 100 000 ox 000 000 27,96400 100 000 ox 000 000 38.035 56 100 000 ox 000 000 0.422 47 100 000 ox 000 000 20.47348 100 000 ox 000 000 120.077 70 100 000 ox 000 000 530 00 100 000 ox ooc 000 7.165 00 100 000 ox 000 000 27.660 00 100 000 ox 000 000 367 67 100 000 ox 000 000 40.00000100 000 ox 000 000 3.085 00 100 000 ox 000 000 20.740 07 100 000 ox 000 000 14100 00 100 000 ox 000 000 66.66000100 000 ox 000 000 13.87900 100 000 ox 000 000 8.84800 100 000 ox 000 000 22.797 00 100 000 ox 000 000 20.72800 100 000 ox 000 000 33.04800 100 000 ox 000 000 1.637 80 100 000 ox 000 000 2.76600 100 000 ox 000 000 2J5300 100 000 ox 000 000 21.67600 100 000 ox 000 000 1.00800100 000 ox 000 000 88412 100 000 ox 000 000 1.112 W 100 000 ox 000 000 368680 100 000 ox 000 000 1.41830 too 000 ox 000 000 2.08200 100 000 ox 000 000 211500 100 000 ox 000 000 2.60668 100 000 ox 000 000 18106 100 000 ox 000 000 130.750 00 100 000 ex 000 000 177.327 20 100 ox ox 000 000 30.526 60 100 ox ox 000 000 104.605 30 100 ox ox 14J02 70 000 2.131010 35 100 ox ox 000 000 108.037 14 100 ox ox 14.602 70 000IWIHEmE ox ox 01M0IQBI1IIQMTS 011N lONO OaOO EARTHWORK vnununu OStlS URHALTPAVViO onii IITfOONCf«TE/tlO0Mf LANO$CAPmO moo CONCWE miO MCAtTCONCRfTC 04200 MAtONilV 03410 MICNPf«CAIT 01100 ITffLPAlMCATION ITULtRiCnON OIMIO CARACMTIIV CAfVfNTMY MATXS miVNom 07S30 HOOFING 0?100 NATOVNOOFtNO CAULMNO OOlOOiOADOOMACWR OOmLcOMS DOORS SfCTOVERHIAOOOO«1 COlUNO DOORS0S300 01010HOOODIMINOOWS QLASSKRADNO owooIdrywalupfs IXRAMOQUARRV THE ACOUSTICAL CEUNOT CAfVfTAANYlTILE EFOXVaOOR FASfriNQMNVl FLAG SOLES rORET SARTITIONS toilet ACCESSORIES LOCKERS otooo tone 10110 10100 10000 10200 10020 10100 10440 11100 12400 12000 13100 11130 11000 10400 10300 10000 OUVERS FIRE EXTINOmOHERO CNAUUTACKSOARDS lOENTIFVINGOEVICES RESIDENTIAL EQUIP IMNDOIA SUNOS FLOOR MATS VEHCa CURTAIN SROJECTiON SCREEN NVAC SLUMMNG FIRE PROTECTION HiCTRiCAL OUiTOTAL FEE TOTAL 06J0E30 18.007 00 1074S0.04 117.23300 02.203 78 23J02 70 81J7400 00.708.10 173JS300 110J1100 8.077 00 74J00 78 27.08400 38.03888 0.422 47 20.473.40 1204)77 70 830 00 7.18800 27.88800 367 67 40.000 00 3J88 00 20.740 07 14^0000 88.80000 13.07000 0A4S00 22.707 00 20.72000 33.04000 1J37.80 2.70800 2J8300 21A78.00 1.00800 884 12 1.11200 3.888 00 1.418 30 2.00200 2.31600 2.80808 10108 130.70000 177.327 20 30H3800 1S4J0830 2.1314)1030 108.037 14 2130 JOS 40 08J00 30 18.007 00 107JS004 11713300 77.00108 23.002 70 81.874 00 00.708 18 173.083 00 116.01100 6.07700 74.00078 27.08400 38.03888 0.422 47 20.47340 120.077 70 830 00 7.18600 27.86000 387 67 40.00000 3.00600 20.74007 1410000 65J8000 13.67000 0.84000 22.70700 20.72000 33.04000 1W80 2.70800 2J8300 21J7800 1.00800 584 12 1.11200 3.86600 1,416 30 24)8200 2.31800 2.606 68 10108 130.780 00 177.327 20 30J20 00 104J0830 2.008.30108 106.037 14 2101130 70 November 1,2004 WAIVER OF CONSTRUCTION LIEN, PAYMENT BOND AND LIEN FUNDS J • ■I Vv> For good end valuable conskkratioii, (be undmigned her^y ifrevocabiy and unconditionally waives and teleaaet any and all (a) rights and claims for a construction or other lien on land and buildings being consiiuctod, altered, erected or repaired and to die appurtenant es thereunto, (b) rights and claims on any payment bood(s) fumisbed in conjunction with said constructron, aheration, erection or repair, and (c) rights and claims for lien on money, bonds, or warrants due or to become due to the prime contractor there for. The prope rty covered by Ais waiver is owned by City of Lona Lake (owner), is located at 340 Willow Drive. Lana Lake. MN is described as Lone Lake Frre Station and this waiver perteins to a portion of the work to be performed by Rochon Corporation (prime contractor). This waiver covers all labor, material and supplies for cor struction, alteration, erection, and repairs fomished by the undersigned under a contract with City of Long Lake through the date of this waiver in the ■mnmit of SEVENTEEN THOUSAND FIVE HUNDRED FORTY EIGHT A 21/100 DOLLARS ftl7.S48.2n. This lien waiver is not valid until the amount listed above has been received. mUOAi.'tKXOA IQMVMUC-MtMSQtA igdOMiMONBinss i-x-xiio ame Rochon Corporation Vice President Contractor Waiver Form r- . w, F.-.. rV.. ■■ MMiSirv i 4 r AmiCATIOli MID CiltTyiCAn roil MVIiEliTCtUiiTfTUTlAUiK)CUI<gOT PACf ONIOPIPACCt r ,L9i0Lil«.MNatMt MtOMCJ: UNfUMnra 340>WilOwDrt«« LonoUi«.MN 66356 AmiCAIIONNO: MCf^SCO) miOOTO: 3l-Oct4>4 niOII|COifTflACTOII>: Rocfion Corporgien 36« AfWMpOli im Moiti. Skiii 101 WywOiHl, MM 66447 VIA (ANCMfTfCT): MV Ofwp 222Nof«t2nd8lrwi MnottpoM. MN 66401 AMCMITtCrt MOJiCTNO:1516.01 COHniACTfOil:COHnUCTDATl: coiiTiiACTDirtArfiiCATiONroiirAnwiT ICMANOIOMWISMMMRV Chanfo Odata approwd at prodoua monda by OMior AOOmONS DEDUCTIONS TOTAL 280.321.40 AppfowaddtaModh Numtoar OoiaAppro«ad 6 6/2N2004 8.66600 TOTALS 6.66000 000 111126006646 Appidlon is madt for Payrntnl. M thoiivn bMow. In conn«c6on spNh tis Coniract ContfnMsOon ShMi. Subtiiulo AlA Docunwni 6703isa«actia0. • ♦»»1 THa unMgnad CoMrador om M ss tiM ID 6w taai of iw Conaacm InoiiiiliiToi. -fn^rirr i~if IrTT* ^ ---------------- tor^aywmfnaibadieowddiiinaoeorMicsiatimConirad Dooaiianli. M as amouMi nova boon paM by iia Conaador foMMoiS lor wfsdipradootCt faicaiMforaaywawfsdralituadwdpayrwsnMficdvad IM id Ownor. arid tioi ciiriafM payrnani sboM« hsialn It now duo Data: Novaiv«ar 1.2004 1 ORIGINAL CONTRACT SUM...... 2. NdChangtbyCnangaOrdtn. 3 CONTRACT SUM TO DATE (Una 1«/-2)--------------- 4 TOTAL COa/MTEO 6 STORED TO DATE------------ (Column G on 0703) 6 RCTAINAGE a^% of Compiaiad iNoiii (Column D*E on G703) b_%ofSMdMaianai (Column F on 6703) Tow Rdatnaga (Lina 6a«Sb or Tow in Column I of G703).............. 6. total EARNED LESS RETAINAOe___________ (Una 4 loM Una STOW) 7 LESS PREVnOUSCERTIFtCATES FOR PAYMENT (Lina 6 Irom prtor CadAcaia) • CURRENT PAYMENT DUE 0 BALANCE TO FINISH. PLUS RETAINAGE. (Una 3 lau Una 6) 1.000.07000 26SA0640 2.236.06640 2.236.05640 000 2.236J66.40 2.210.406 26 17S46 21 OW SWaof: Mnnaaota County of Harmapin Subaoibad and fwom to tafora ma Ms Id day of I Ndary Pubic fmm PAnBciAj.won» <'^§ Nowrrnac-MMeou MrC0MyCS0N{)nB|.3l-20IU MyCommadonawpaaa January 31.2006 ARCNRICrt CERTPieATB FOR PAVMWfT m aocordanoa wW tia Conirad Documand. baaad on onwia obaarvwono and tia data oompwriB tia abova appacaion. da Artfwiact cadAaa 10 tia Ownar ow 10 t»a bad of da Afdiaacri hnoaiadBi. miofmaion and baaaf tia Wod tiaa prooFiaaod aa ddcdad. da quady of da Wodi It m wid da Conirad Oocumama. and da Conaador la anoaad to of da AMOUNT CERTlFiEO AMOUNT CERTRIEO (Alodi awianaion if amount caraiod dSara from da amount appbad tor) TTuacaM&idndnaooaabia ThaAMOUNT odytodaConaaetornamadnarain Hiuanca.oaymaniandaccapianca ofpaymanta(awidouipri|udcatoanyngpiaof daOwnarorConiracior / undardaConaaa i S' J f*? PAGC30F2 COimNUATfON SHEET iyMNult AIA DwimmiiI 07S1 AmCATlOMNUIIMII: AmiCATIOlinATI: LONO LAKE ms STATION CONTIIACTOirt PIIOJtCT MO: 14 (KEVISCO) 14IOV44 J10cl<«4 02M CM liooo 011M O0aflQMT8 •OMO o2ioo imuTiLmts 0M1I WHM.TMV1NO mil iiTf coNCfCTfmtv^ OMO onoo 03410 04200 00100 00100 07010 OflOO 07000 00100 00300 10 LAN00CA01NO MNCMtn FMfCAOTCONCMtTt MOONRY 4RCH0MECA0T irOLOAOMCATlON (TftLfNfCnON CAIWNTRV CAfWITflV IMTU liUlMORK MOOFINO WATIRPR0001NO :auuqno HMlOOOmiOMOl 4CC800000RO OECTOVtRNiAOOOOfl COOJNOOOORO V0OOO1MNOO1MO OLAO»QLA2INO 0«t0 DRVWALUeiFO 00100 CWAMOQUARWYTHi OlflOO ACOUOnCALCtltlNOT CAW*fT/VWIVL THi 00000 IePOXY FLCX)R PMMnNQMNVL FLAOOOieO TOUT RARTmONO 10300 10100 10000 10000 10200 10020 10100 10440 11600 12400 12000 13100 11110 16000 10400 10300 10000 TOCfTACCfOOORftO LOCMERO OUVERO FME iXTINOUlOHm >«ALK/TACKiOAROO OfNTIFy«40 0EVICE0 PIfOiOCNTIALCQUiP FWNOOMfOUNOi FVOORMATO YtHCUCURTAM PROJCCTIONOCRKN HVAC FLUMVNO FiRC FROTf CT10N IUCTRICAL OUOTOTAL 00.600 30 10.007 00 irjooo4 117.23300 02.203 76 23J02 70 6107400 00,70010 173J0300 110J1100 ojn.00 74J0070 27.00400 J0.03060 0.42247 20.47340 1204>n.70 630.00 710000 27M00 307 07 40.00000 300000 20.74007 14200 00 66.00000 1L07000 OJ04000 22.707 00 20.72000 33J40 00 ijtroo 2.70000 2J6300 21.07000 1M00 604 12 1.11200 3.000 00 1.41630 2.00200 2J1000 2A0500 10100 130.70000 m.327 20 30.62000 104J0030 2.13121030 foo.ori4 mjBmx 16207 00 10720004 117233 00 7720106 2320270 61.574 00 06.70616 17326300 116.01100 6277 00 74200 76 27.004 00 36.036 66] 0.42247 20.47340 1202H 70 630 00 7.166001 27.66600 367 07 40.00000 3266001 20.740 07 1420000 66.060 00 1 1327000 0.04000 22.707 00 20.720 00 33.04000 1.037 00 1 2.700 001 2.06300 21.07600 120600 664 12 1.11200 3.66660 1,416 30] 226200 221600 2.606 06 10106 130.76000 177.327 20 30.620 00 10420630 2.006201 66 106237 14 \ mm IITOOATI %tOnNKM RTTAMAOi 000 000 0626630 100 000 0.00 16.007 00 100 000 000 000 000 107.300 04 100 000 000 000 000 11723300 100 000 000 8270 000 02203 70 100 000 000 000 000 23202 70 100 000 000 000 000 5127400 100 000 000 000 000 06.V06 10 100 000 000 000 000 173.66300 100 000 000 000 000 M5.81100 100 000 000 000 000 6.877 00 100 000 000 000 000 74.000 75 100 000 000 000 000 27.064 00 100 000 000 000 000 36.035 56 100 000 000 000 000 0.42247 100 000 000 000 000 20.47346 100 000 000 000 000 120.077 70 100 000 000 000 000 63000 100 000 000 000 000 7.16600 100 000 000 000 000 27.65000 100 000 000 000 000 367 67 100 000 000 000 000 40.00000 100 000 000 000 000 3.06500 100 000 000 000 000 20.74007 100 000 000 000 000 1420000 100 000 000 000 000 56.65000 100 000 000 000 000 1327000 100 000 000 000 CM 0.64000 100 000 000 000 000 22.707 00 100 000 000 000 000 20.72000 100 000 000 000 000 33.04600 100 000 000 000 000 1237 50 100 000 000 0.00 000 2.76600 100 000 000 000 000 2.053 00 100 000 000 000 000 21.67500 100 000 000 600 000 1.00600 100 000 000 000 000 504 12 100 000 000 000 000 1.11200 100 000 000 000 000 3.66600 100 000 000 ooo 000 1.415 30 100 000 000 000 000 2.00200 100 000 000 000 000 2 31500 KN)000 000 000 000 2.605 00 100 000 000 000 000 16106 100 000 000 000 000 130.750 00 100 coo 000 000 000 177 J27 20 100 000 000 000 000 30226 60 100 000 000 000 000 104.005 30 100 000 000 2»70 000 2.131.010 35 too 000 000 000 000 105.037 14 100 000 000 rOTAi 000 000 000 DATE: March 24,2005 ITEM NO: REQUEST FOR COUNCIL ACTION ••rcTligQ JUN ;; 7 2C05 CIIYOFORONO Departmeat Approval: NaaM Ronald J. Moone THk City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Dcseriptioa: Ctegolar Water Tower Lease Agreement Cingular applied to place twelve antennas on the Navarre water tower. A lease agreement, with a five year initial term and 3 five year renewals, similar to the City’s other water tower lease agreements, has been negotiated with Cingular. The lease rate is $20,400 per year. This amount will be increased by a minimum of 5% or the CPI increase each year of the agreement. COUNCIL ACTION REQUESTED Motion to approve the lease agreement ivith Cingular for the placeinent of antennas on ^gyurc water tower, and to authorize the Mayor and City Administrator to sign the lease agreement -mm . : ..V. •• ■ ■■■■ > Vh-Is ^ r> I rfi'n Vit 1 I DATE: J«ic 22,2005 ITEM NO: jtj REQUEST FOR COUNCIL ACTION ••CCTIMG JUN 2 7 2005 CITY OF ORONO DcpartBcit Approval: Nsm Ronald J. Moona THh City Administrator AdmiabtratoiLRcviewed:Agenda Section: City Administrator’s Report Item Description Mn/DOT Traffic Signal A£i«enient for the 6/12 Interchange The two intersections on the planned interchange at County Road 6 and Highway 12 will both be signalized. The installation costs for these signals are shared between Mn/DOT, Hennepin County, and Orono, based on the cost-sharing policies of both Mn/DOT and Hennepin County. The costs related to the operation of the signals are the responsibility of Orono. Attached is a letter describing the signals, and setting out the cost sharing related to both the insullation and maintenance of the signals. Orono will pay approximately 16% of the installation costs. Orono’s costs will be $76,210. This amount can be paid using MSA funds. If the various elements set out in the letter are acceptable to the City and to Hennepin County, a signal agreement will be prepared for signature by all parties. COUNCIL ACTION REQUESTED: Motion to approve the elements of the cost sharing agreement as set out in the letter of April 25, 2005, and to authorize the Mayor and City Administrator to sign the final agreement that will reflect the information in the letter. I*" "i.: y-':yV. ,y. -y: ■■ Lati miiilHiiti. 111. Ill ■ ■ i rm 1 j \ u Telephone No. 651.634.2394 Facsimile No. 651.634.2085 E-mail: michael.gerbensky@dot.state.mn.us April 25.2005 Jerry Mortenson Hennepin Co. Agrmt/Spec Eng Hennepin County P.W. Bldg 1600 Prairie Drive Medina, MN 55340-5421 Ron Moorse City Administrator City of Orono P.O. Box 66 Orono, MN 55323-0066 Dear Addressees; Subject:S. P. 2713-83 REVISED Traffic Control Signal Preliminary Agreement Information T. H. 12 @ CSAH 6 (6“’ Ave. N.) North & South Ramp Signals This letter has been revised to reflect comments from Hennepin County (city share for south ramp reduced to 12.5% & county to pay the entire local share (40%) of the master controller). Changes have been highlighted. The Minnesota Department of Transportation programmed a project for a current bid opening of August 26. 2005. This project includes traffic signal work. In order to proceed with the project and prepare a signal agreement, the Department of Transportation needs concurrence from the participating agencies regarding cost participation, operational, maintenance and power responsibilities of the traffic control signal systems. Please review the preliminary traffic control signal agreement information outlined below and provide a written response on behalf of your agency, including any comments, by May 15, 2005. SIGNAL WORK DESCRIPTION We are planning to install new traffic signals (with EVP and interconnect) on TH 12 .'I Co. Rd 6 north ramps and 12 @ Co Rd 6 south ramps We are also planning to eriove the existing wood pole signal at TH 12 @ Wayzita Blvd DESIGN FEATURES The new permanent traffic actuated signal systems to be constructed shall employ signal and pedestrian indications with light emitting diodes (LED), an emergency vehicle preemption system (detectors, confirmatory lights and cabinet equipment), luminaires mounted on the appropriate signal poles, interconnect and mast arm signing Additionally, loop detector wires shall generally be .nstailed within nonmetal'ic conduit except that they shal' be sawed into existing concrete. Pavement markings and pedestrian ramps will be included as separate pay items within the roadway p'an TRAFFIC CONTROL SIGNAL SYSTEM AGREEMENT Prior to contract award, a traffic control signal system agieement (prepared by Mn/DOT) for cost, operation, power and maintenance between the State. Hennepin County and the Citv of Orono must be fully executed ... r % Vv* v. .. -J: K 9 i Traffic Control Signal Pre-agreement Information T.H. 12 e CSAH 6 (6 “’ Ave. N.) Ramp Signals April 2S, 2005 Page 2 CQgt ParticiDation: It is anticipated that this project will utilize federal, state, local and/or state aid funds. Cost percentages are based on the percentage of legs controlled by each roadway authority and are also affected by Hennepin County policy. Mn/DOT assumes 100% of the cost responsibilities for the signal design. Cost responsibilities for the signal system pay items are as follows: Signal Loc. & Pav Item Est. Total Agency TH 12 @ CSAH 6 N Ramp/ $220,000* Mn/DOT New Traffic Control Signal (5 contributing legs; 3 Mn/DOT. 2 Co.) *tncludes interconnect Agency Est. %Est. Share Mn/DOT 12%$26,400 Federal 48%$105,600 Henn. Co.20%$44,000 Orono 20%$44,000inuiuuM iiueiv^wiiiicwi ^ - .----- Note: Hennepin County policy delegates half of the county costs to the City of Orono. TH 12 @ CSAH 6 S Ramp $160,000 Mn/DOT New Traffic Control Signal (4 contributing legs: 2 Mn/DOT, 2 Co.) Mn/DOT 10%$16,000 Federal 40%$64,000 Henn. Co.37.5%$60,000 Orono 12.5%$20,000 Note: Hennepin County policy delegates 1/4 of the county costs to the City of Orono (reduced from % due to the existing signal) The city & county shall reimburse Mn/DOT for State furnished materiais/labor (cabinet, controller, etc.) at the same cost percentage rate as the corresponding signal pay item. Costs for State furnished items will be included in the signal agreement and will be in addition tothe signal pay item costs listed above. Estimated costs for known state furnished items (other items may be added during design): two Cabinets/controllers = $20,200 each and one Master Controller=$6.200 (loc. at the N. ramp. Note; county to pay 40% for master). The city & county will also pay a factor of 8% within the signal agreement, which will be applied to the sum of the local share of the signal pay item and state furnished material costs (multiply by 1.08). to account for construction engineering and inspection costs (E/I). The total signal costs for the local shares are calculated below; ((Sum of; Local Cost % (pay item + State Furnished materials)] X (cost of E/l) = Total Hennepin County Share: (.2 ($220,000 + $20,200) + .4($6,200) + .375($:60.000 + $20,200)) 1.08 = $127,543 % N. Ramp Cabinet % Master % S. Ramp Cabinet E/l Orono Share: (.2 ($220,000 + $20,200) + .125($160.000 + $20,200)] 1.08 = $76,210 % N. Ramp Cabinet % S. Ramp Cabinet E/l Note The city and county must indicate whether they are eligible for, and intend to use, state aid funds toward all or part of their costs. Please provide an S A.P. and/or local agency plan number as soon as possible. The project numbers provided will be ii. Jleated on the plan I \ Traffic Control Signal Pre-agreement Information T.H. 12 @ CSAH 6 (6“* Ave. N.) Ramp Signals April 25, 2005 Page 3 Maintenance RaaDongibilities : See the summary below for maintenance & power responsibilities (Hennepin County policy delegates’ minor maintenance and power costs to Orono: h. • SIGNAL LOCATION MAJOR SIGNAL MAINT. AND OPERATIONS MINOR SIGNAL MAINT. LUMIN. MAINT. POWER COSTS EXISTING AGREEMENT No.’s TH 12 S. Ramp 1 Mn/DOT City of Orono City of Orono City of Orono Not applicable TH12N. Ramp Mn/DOT City of Orono C ity of Orono City of Orono Not applicable Note: The City of Orono needs to indicate if they prefer to have the luminaires hooked up to the power company meter (based on actual usage) or bypass the meter (fixed monthly fee) for the TH 12 ramp signais. If all aspects of the traffic control signal agreement identified within this letter are satisfactory to the City of Orono and Hennepin County, a signal agreement will be written and submitted for executioi . Please contact me with any questions or concerns you have regarding any of the above Information as soon as possible. Sincerely, Minnesota Department of Transportation ichael P. Gerbensky Metro District Signal Design Project Manager '4' r u % •.’A i ;.-r ■^v V•: •!; J • vv ’V ■■ V •• ’■■ ^ ''■■ ■ r 'V,.'• Traffic Control Sign< T.H. 12 9 CSAH 6 ( April 25,2005 Pai W¥TiT-A<T» •y .V John Bienia Bamie Lart Gayta Gads Bath Nauar Tom O'Kaa Marv Luncc Stava Misg John Padaraan - WE * CuftKrohn-WE * Roy Chriatianaon - ESS MS 740 * Lanatta Zaigar - CO R/\N MS 632 * Al Eapinoza - WE * Maryanna Kally-Sonnek - CO MS 682 * C.S. FUa Diatrict Fite Daaign File '•mm ■•mm Electronic copy only (hard copiaa available upon request) -r- ■■ k -9 "IHIM ■ ' ill s -1 -0» I \ j ii i'-*: * ^ ’y-l * T'-. \ ..W. Cni •■r-CT||sjQ JUN 2 7 2005 REQUEST FOR COUNCIL ACTION CITY OF ORONO DATE: June 27.2005 ITEM NO: iS Dqiiartmeat Approval: NtMC RooMoone litte City Adniimmitof Administrator Reviewed:Agenda Section: City Administntot's Rqx>it Item Description: Appointment of Golf Course Seasonal Employee Ron Steffenhagen. die Golf Course Superintendent, is recommending a new hire for the Golf Course. The new hire will replace one employee (Mike Polley) that worked at the Golf Course in past years, who will not be returning this year. There was also one other employee (Tom Jones) that was hired but never started; he found other work before he started working for us. The new employee (Taylor Peterson) will start at the entry pay rate of $8.10 per hour. Seasonal employees are hired under one of two provisions of PERA earnings rule. As a high school student, Taylor Peterson is not subject to the PERA earnings rule. LIST OF SEASONAL GOLF COURSE EMPLOYEES Emplovce Taylor Peterson 2005 Hoariv Wage Rate $8.10 COUNCIL ACTION REQUESTED: Motion to hire the seasonal employee listed at the proposed wage rate and under the applicable provisions of the PERA rules. REQUEST FDR COUNCIL ACTION JUN 2 7 200$ CiTy OF ORONO DATE: June 22,200S ITEM NO: ! Co Department Approval: N un Lin Vce Admiaiitrator Reviewed:Agenda Section: Licenses TUk CilyCleik Item Deecription: list of Licenses for Council Approval SPECIAL EVENT 1. Applicant: Event: Location: Date: Time: LeeHarren Wedding and live music for ^roximately 300 guests 175 Landmark Drive Saturday, July 30,2005 3:00 p.m. -10:00 p.m. COUNCIL ACTION REQUESTED: • ii(*¥ II I R,' .li i-' : -=• m -i. i CITY OF ORONO SPECIAL EVENT PERMIT Date IsMicd: Date of Event: Time: June 27,2005 Saturday, July 30,2005 3:00 p.m. • 10:00 p.m. Name of Penon(t) And/or Organization Spomoring this Event: LeeHarren Phone: 175 Landmark Drive Long Lake, MN 55356 612-875-8767 Location of Event: 175 Landmark Drive Type of Event:Wedding and live music for approximately 300 guests 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: • The Orono Police Department and its officers are empowered to revoke this special event permit at any time for any safety concerns that are not immediately resolved by the permit holder or a representative of the permit holder. This revocation shall cause the immediate cancellation of the event originally authorized by this permit. • By acceptaiKe of diis special event permit, the permit holder, on behalf of any and all organizations and private persons granted authority to operate under the special event permit, agrees to indemnify and hold harmless the City of Orono from all claims arismg from said event. The permit holder, all organizations and private persons exercising authority under this permit, do waive and release all claims against the City of Orono, its officers or employees for any damage to person or property arising from the exercise of privileges granted by this permit and agrees to hold harmless the City of Orono, its employees and officers from any such claim. • Notification of the event to be provided to the neighbors within a SOO’ radius, indicating the hours the music will play, purpose of the party, and date of the event. • All music must end by 10:00 p.m. • No alcohol may be served to any person under 21 years of age. • Parking on Bayside Road is to be a last resort. Applicant must have Hennepin County (763-74S-7S00) approval to park on Bayside Road, with a copy of said approval provided to Sergeant Erickson of the Orono Police Department. All off-road sites to be used first If Bayside Road is used with Hennepin County approval, pariung is restricted to one side of the road and must be posted “No Parking”. • Ensure access is maintained to all homes • no driveways to be blocked. • Permit bolder is responsible for inspecting the area after the event and repairitig any damage caused by parking, removing any event-related signs, and cleanup of any event-generated debris. Approved at City Council meeting on: June 27,2005 (City Seal) 'T Jg-Ronald J., City Administrator 2750 Kelley Parieway, P.O. Box 66, Crysul Bay, MN 55323 I CITY OF ORONO 'Check Detail Register® 06/23A>5 7 46 AM Pagel JUNE 2005 ChackAint lnvotc4 Commfrt ••rcTIMG JUN Z 1 2005 CITY OF ORONO 10100 PrMMnfCmi T*Smicmio oon^il "SSaSSs PmST NATIONAL BANK Of LAKES 0101-21701 F«d»«l\Nllhholdlno $11,606.78 0 101-21703 FICATaKWHhhoWIno $5,272.89 0101-21703 FICATtK Withholding $5,272.89 Total FIRST NATIONAL BANK OF LAKES $22.152 56 ?«idChMl 081120 eSSoOS ^WMA RETIREMENT TRUST - 487 0101-21705 OthOfRoOioinont Total ICMA RETIREMENT TRUST-487 $1.188 62 'FaU'&M 06if2l 602)2065 LAWENFORCMENT LABOR SERVICE 0101-21707 Union Ouoo $718 52 Total LAWENFORCMENT LABOR SERVICE $718.52 081122 8S20005 MH OEPT OF REVENUE 0101-21702 Stalo Withholding Total MN DEFT OF REVENUE $4,833.59 Paid ChW'08f?23 SS?2005 MN STATE RETIREMENT SYSTEM 0101-21718 Pott Empteynont MoaHh ___ Total MN STATE RETIREMBNT SYSTEM $333.74 TSiSchiiTaTij^^ SSSSBs nationwide retirement solution 0101-21705 Othor Rotirofliant $2,005.00 0101-21705 OMof RoOrtmont $189.09 Total NATIONWIOE RETBIEMENT SOLUTION $2.194 09 FM Chki 081125 i5®S0M ■~0RC»55t0W CO. TRUSTEE«U8T 0101-21705 OthtfRotifomont . Total ORCHARD TRUST CO. TRUSTEE/CUST $3,032.58 Paid ChWOeiUO grtMOOS'^PUBlK G 101-21704 PERA $7,939.99 O 101-21704 PERA $8,152.52 Total PUBLIC EMPLOYEES RETIREMENT Paid ChM 081 127 ‘ $14.09251 6/22/2005 0101-21708 United Way UNITED WAY Total UNITED WAY $86.00 '$86.00' 10100 Primary Cath $48,632.31 Fund Summsiy 101 GENERAL FUND 10100 Primary Cath $48,632.31 $48.63231 FEDERAL W/H FICA A MEDICARE Wm FICA & MEDCR CITY SHARE DEFERRED COMP-302030 UNION DUES 840 5 i168 STATE TAX W/H pott retirement USCM - ENTITY 2339 OERA 82343 MN STATE RETIREMENT PERA CITY SHARE PERA EMPLOYEE W/H CHARITY DONATIONS I 1 ■ 4 € r! 004429 004430 004431 004432 004433 004434 Cti«ck Numbtr Employe Namt MOORSE. RONALD J. SILUS. BARBARA G. VEE. LINDA S. KUEHN, THOMAS M. OLSON. RONALD J. PETTIT. SANDRA K. 004435 ANDERSON. BRUCE L. 004436 B06ZIEN.SUEA. BORIS. SCOTT W. BUDIG. STACIE M. CORNICK. JAMES L DAY. SUSAN J. DEMBOUSKI. JAYC. FISCHER, CHRISTOPHER K. GOOD. STEPHANY R. MCNICHOLS. DAVID L RUSSETH. KYLE M. SCHOENHOFF. JOHN B. STENSRUD. CHAD R TOEWE. KIMBERLY D. VOID TOMCZYK. MARKW. WHITE. ANTHONY J. WITTKE. ANTHONY A. KL1SZCZ.DAVIDA PHARO. CHRISTOPHER M. CURTIS. MELANIE GAFFRON. MICHAEL P. GAPPA. GREGORY A. GIBBS. WILLIAM R. GUNDLACH. JANICE J. MEYER. WiaiAMC. OMAN. LYLE E. DEBAERE. DONALD L. FASCHINO. GREGORY P. HANSEN. STEVEN OBERAIGNER. SCOTT G. OBRIEN. RANDY L. PALMER. GREGORY A RATHBUN. BARRY J. TOMCHECK. LAWRENCE F DODGE. RACHEL M. LESKINEN. DENISE M BOBZIEN. SUE A. BORIS. SCOTT W ERICKSON, KURT R FARNIOK. CORREY L FISCHENICH.DANT MADSON. ADRIEl^NE M MCNICHOLS. DAVID L MOROWCZYNSKI. JAMES PERSELL. WILLIAM R VOID GAFFRON. MICHAEL P OMAN. LYLE E. VANG. BRUCE L GREGORY. JAMES D HANSEN. STEVEN OBRIEN. RANDY L 004437 004436 004439 004440 004441 004442 004443 004444 004445 004446 004447 004446 004449 004450 004451 004452 004453 004454 004455 004456 004457 004456 004459 004460 004461 004462 004463 004464 004465 004466 004467 004468 004470 055134 055135 055136 055137 055138 055139 055140 055141 055142 055143 058144 055145 055146 055147 055148 055149 055150 055151 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 CITY OF ORONO check register P«y Check Ptriod Amount 13 $2.38944 13 $680.15 13 $1,110.43 13 $1,409.18 13 $1,231.14 13 $1,094.24 13 $1,739.43 13 $855.00 13 $20.00 13 $956.88 13 $1,552.77 13 $1,579.57 13 $1,808.91 13 $1,519.43 13 $2,002.80 13 $1,100.00 13 $1.598.32 13 $1,649.13 13 $1,218.09 13 $1,257.27 13 $0.00 13 $1,469 00 13 $1,373 52 13 $1,585.25 13 $273.79 13 $927.95 13 $1,183.05 13 $125.00 13 $1,820.42 13 $1,164 88 13 $1,302.57 13 $639.85 13 $1,400.00 13 $1,695 65 13 $1,00002 Chock Date Chack Statua $875.00 $1,734.33 $550.00 $400.00 $200.00 $90000 $1.089 69 $93900 $8374 $2.144 04 SI.748 08 $1.954 74 $1,723.49 $83326 $737 05 $1.749 53 $68367 $000 $1.438 95 $356.78 $1.38508 $1,067.06 $673.05 $909 26 W22/2005 OuWandlng 602/2005 Outttanding 6020005 Outstanding 6020005 Outstanding 6020005 Outstanding 602/2005 Outstanding 6020005 Outstanding 6020C '/ Outstanding 6/22/2005 Outstanding 6020005 Outstanding 6020005 Outstanding 602/2005 Outstanding 6020005 Outstanding 6020005 Outstanding 6020005 OuUtanding 602/2005 Outstanding 6020005 Outstanding 6020005 Outstanding 6020005 Outstanding 6020005 Outstanding 6020005 Void 6020005 Outstanding 6020005 OutsUnding 6020005 OuUtanding 6020005 OuUUnding 6/220005 OuUtanding 6020005 OuUtanding 6020005 OuUUnding 6020005 OuUUnding 6020005 OuUUnding 6020005 OuUUnding 6/220005 OuUtanding 602/2005 OuUUnding 6020005 OuUtanding 6/220005 OuUUnding 6020005 OutsUnding 6/220005 OutsUnding 6/220005 OuUtanding 6020005 OuUtanding 6>220005 OuUUnding 6020005 OuUtanding &220005 OuUtanding 6/220005 OuUUnding 6020005 OuUtanding 6/22/2005 Outstanding 6020005 Outstanding 6020005 Outstanding 6020005 Outstanding 6/22/2005 OuUtanding 6/22.'2005 OutsUnding 6/22/2005 Outstanding 6/22/2005 Outstanding 6/220005 Void 6/22/2005 Outstanding 602/2005 OuUUnding 6020005 Outstanding 6/22/2005 Outstanding 672/2005 OuUUnding 6/22/2005 Outstanding 0603/05 7:07 AM Page 1 PI • VAV y ■ : H Owck Numbar ifflftojfMNMM PAIJM6R. GREGORY A. RATHEUN, BARRY J. SKREEN.DALE8. AaRAHAM80N.FRE0W. EIOUM.PHHJP JENSEN. ROONEY W. MCINTYRE. WILLIAM E. PEICKERT.OARYJ. ROSS. JOHN A. SCHNEIDER. LLOYD SMYTH. KATHERINE R. STEFPENHAGEN. RONALD STORK. JOHN T. TOMCHECK. LAVWENCE F. 098152 099199 099194 099199 09919S 099157 098191 099190 099100 099161 099162 099163 099104 099166 CITY OF ORONO chock rtgicter ClMck Ptflod Amount 13 S941.18 13 $1,477.15 13 $1,246.71 1-*$31.43 13 $377.91 13 $256.29 13 $208.23 13 $416.62 13 $171.48 13 $390 68 13 $5106 13 $1,409.23 13 $267.16 13 $1,128.77 $75,367.45 'M ■ t y If 'ai ■ Chack Data Chack Statua 602/2006 OuWandins 0/22/2009 OuManding 6/22/2009 OuWanding 6020005 Omstamling 602/2009 Outstanding 6/22/2009 Outstanding 6020005 Outstanding 6t22l2O0i Outstanding 6020005 Cutstandii.g 6/22/2005 Outstanding 602/2009 Outstanding 912312006 Outstanding 6020005 Outstanding 6/220009 Outstanding fcilL 7^- i'*i 06/23A)6 7 07 AM P»g«2 • ; • f t ? ii i 1 4 J 1 CITY OF ORONO 06/24/05 7:54 AM Page 1 *Check Detail Register® JUNE 2005 Check Ami Invoice Comment 10100 Cash PaW Chki O^i ~ ^7/2005 " POWERS. JAMES G 002*11501 Accounts Racaivabla<w/a Total POWERS, JAMES ($7.04) 4/22/05 Void Check #80831 Paid Chic# (Ml 128 NAVAiuiE HARDWARE E 101-42260-223 E 101-42260-223 E 101-42260-223 E 101-42260-221 E 101-42260-221 E 101-42200-223 E 101-42260-240 E 101-42200-223 E 101-42200-223 E101-42260-223 E 101-42260-221 E 101-42280-223 E 101-42260-223 E 101-42200-223 E 101-42260-223 Bldg/Groundt Maint. Suppliat BWg/Grounds Maint. Supplies BMg/Grounds Mamt. Supplies Equipment Parts & Accessones Equipment Parts & Accessories BMg/Grounds Maint. Supplies Small Tools and Minor Equip BMg/Grounds Main!. Supplies BMg/Grounds Maint. Supplies BMg/Grounds Maint. Supplies Equipment Parts & Accessories BMg/Grounds Maint. Supplies BMgTGrounds Maint. Supplies BMg/Grounds Maint. Supciies BMg/Grounds Maint. Supplies Total NAVARRE HARDWARE ($7.04) ......................... $10.42 147979 Spot Remover, Battery $66 44 148099 Maint Supplies $21.37 148138 Maint Supplies $1223 148619 Battenes. Cleaner $30.35 148831 Cleaners $2.91 148631 Nuts/Botts $8519 148897 Blowe; Vac $11.84 149286 Screws. Braces $38 90 151092 Flower Pots. Seeds. Soil $41 06 151221 Broom $23.85 151323 Cleaners $26 59 151611 Garbage Bags, Pails $26 60 151753 Ext Cord. Paper Towels $12.23 151802 Amonia, Squeegee $45.57 151813 Cleaning Supplies $475.55 Paid'chkl 0811M ''ilZTriOK'' ACCUmBENEFITS E 101-41900-480 Other MisoaHaneous Charges E 101-41900-489 Other Miscellaneous Charges Total ACCUMM BENEFITS $69.95 350677 £100.00 350678 $169.95 Cobra Adm - 5/20C5 FSA Adm - 5/2005 PaMChk# 081130 ' 6G7/^5 AOP'SCREENi'lMSSELECTION8RV E 602-49450-489 Other Miscellaneous Charges $25.34 827218 E 601-49400489 Other Misoetlaneous Charges $25.33 827218 E101-43000-489 Other Miscellaneous Charges ____$25 33 827218 Total AOP SCREENING S SELECTION SRV ' $7600 Drug Screening Drug Screening Drug Screening PaMChk# 081131 6G7/2005 ANASTASI, ANDREA FABIAhM E 101-42110-319 Other Prohsslonal Services _ ^IM OO 054J605-OPD Interpreter Services Total ANASTASI, ANDREA FABIANA $120.00 PaMChk# 081132 6/27/2005 ARAMARK REFRESHMENT SERV»CES E 10I-4190C-201 Office suppNe» $127.69 6013-478430 F'llers E 101-42110-401 Repairs/Maint-Office Equip _ $63.85 6013-478434 Fillers Tout ARAMARK REFRESHMENT SERVICES ”$19154 PakJ Chk# 081133 6/27/2005 BCA - FORENSIC SCIENCE LAB E 101-42110-437 Training & Development E 101-42110-437 Training & Development E 101-42110-437 Training 8 Development Total BCA - FORENSIC SCIENCE LAB $175.00 6057132 $175.00 6057133 $176 ()0 6057134 $525 00 intox 5C30 • Cay Inlox 5000 - Stensrud Intox 5000 - Toewe PaMChk# 061134 6/27/2005 BOLTERMAN,MATT E 101-42400-43/ Training & Development E 1C1-42400-415 Other Equipment Rentals Total BOLTERMAN. MATT $22 50 6/9/04 $4T93 6/9/04 $7043' PaMChk# 081135 6/27/2005 BUDGET PRINTING E 101-42110-201 Office supplies $233.51 4689 xiAiinnn VT**** v> ... CITY OF ORONO i::'. 09/24/05 7:54 AM Page 2 m *Check Detail Register® r E 101-42110-322 PMtagt Total BUDGET PRINT1NO S261.83 PiufCIM‘03ilM " 9IZJ12M C/UVDMCSCIENCE' * E 101-42110-240 8ina« Tooto and Minor Equip E101-42110-221 EquipnMnI Parts S AccoMortM Total CAROMC SCNUICe $4,073.97 5481S5 $320.15 540805 OafibrHtators Padiatric Eioctrodat $5,199.12 Nid CWdP 001137 M7/2009' *COLE IMFOiBikftb^^ ~ * ~ E 101-42110433 MambOfahipa & SubacrtpUons $318.95 380653 Revarse Director Total COLE mPORMATION SERVICES $318.95 Pau ChWP 081130 ' VniTOOS ' Cb^UY'mOUSti^ ELEC. E 80249450406 Rapalra/Mainl-Swr iinasrtitts E 60249450406 RapaIrsrtyiaint-Swr flnas/lftt Total CONNEUY INDUSTRIAL ELEC. $876.47 8272 $3J78.47_ 8273 $4,554:94" GS #9 - Starter Motor LS *30 - Controller PM Chk* 001139 iniizooi country flags E10142260-223 BldoiOrounds MalM. Supplios Total COUNTRY FLAGS $118.22 1497 Fltfl* - Nav Fire Janitoriai • Navarre FIra $118.22 rtid'ciSi' oeTfib "6127/2008' cdw^^^ E10142260407 JanHortal Sorvieoe ___$186.38 95812 Total COVERALL OF THE TWIN CITIES $106.38 PaifCWt* 081141 6/27/2005" CULLIOAN E 61349630403 RopaireflSaint-Miac. Equip ___$111.80 101-09083676-Softener Servico Total CULLIOAN $111.80 PaidChk# 061142 E 1014300 'iivhOM ' DAHLKS TREE SERVICE 106 Contradod Strool Maint. Total DAHLKE TREE SERVICE $V^2 50 5/9rt)5 ‘$'1,712.50' Tree Trimmlnp Paid ChiiiOOl 143 6/27/2005 DAY WSTRIBOTINO CO. E 61349900093 Concoteione For Resale-Txbi Total OAYOISTRIBUTINOCO. $15 30 316685 Beer for Resale $1530 Paid Chki 001144 6/27/2005 DELTA DENTAL 0101-15990 Non-Employoe HoaRh Ins G 101-21709 Dental Insurance Total DELTA DENTAL $5670 37220072 $1.612 00 37220072 $‘r66870 Oantal insurance • 7/2005 Detrtai insurance - 7/2005 Paid Chh* 081145 6/27/2005 OEPT OF ADM - INTERTECH GROUP E 60149400-321 Telephone $12 21 W05050S69 , E10141900-321 Telephone $7325 W050S0569 ►Br E 60249450-321 Telephone $36 83 W05050569 E 10142110-321 Telephone W05050569 Total OEPT OF AOM - INTERTECH GROUP $174 42 Phone Service Phone Service Phone Service Phone Service Paid Chki 001146 6rtl7/2005 DEX MEOIQ EAST LLC E 61349630-340 General Advertisinp Total DEX MEOIQ EAST LLC $429.38 200359360 $42938 Directory Advertismfl PaidChk* 001147 6/27/2005 DIVERSIFIED INSPECTIONS E 101422CO-319 Olher Professional Services $58 50 128861 Total DIVERSIFIED INSPECTIONS ' $58 50 Heat Senors r. CITY OF ORONO 06«4/05 7 54 AM Pages *Check Detail Register© JUNE 200S Cheek Amt Invoice Comment Paid Chki 061148 8/27/2005 DU-ALL SERVICES R101-32510 Building PermHs Total DU-ALL SERVICES 1199 78 3/1/05 Refund-P08131 i $199.78 - r *n Poid i^ 081149 ' «27/2d0« ERICKSON, KURT E101-42110437 Training & OevelopmenI Total ERICKSON, KURT $49513 8/14/05 Miieage/Lodging-Chiefi Conf $495.13 Paid Chk« 081 iM 6/27/2005 ESCHELON E 10142280-321 Teitphone Total ESCHELON $353.21 6425807 $353 21 * Phone Service - Nav Fire Paid Chkie 68115V 8/27/2665 EXCEUlORe CITY OF E101-41300437 Training & Development E10141500437 Training 8 Development E 10141300437 Training & Development Total EXCELSIOR* CITY OF $28.30 MCFOA $28.50 MCFOA $26 50 MCFOA $85 50 MCFOA Meeting - Dodge MCFOA Meeting - Pettit MCFOA Meeting - Vee 1 FaB&Kki 081152 Wilim PIRE INSTRUCTION 8 ^SCUE EOU' E 10142260437 Training & OevelopmenI $240 00 4392 Review FFl Total FIRE INSTRUCTION S RESCUE EDU $240.00 Paid Chki 081 i53 8)27/2005 FIT TEST INC E 10142280-319 Other Profestionat Services Total FIT TEST INC $396.00 320 Fitness Test - Nav Fire $396.00 Paid Chk# 081154 8/27/2005 FLOYD TOTAL SECURITY E 10142110404 Repairs/Maint-Bldgs/Grounds Total FLOYD TOTAL SECURITY JM80 00^ 17617 $180.66** Check Security System Piid Chka 081155 6/27/2005 FORTiS BENEFITS 0101-21713 LTD insurance Total FORTIS BENEFITS $JB76_69 4019825-1 $876.69** LTD insurance - 7/2005 Paid Chk# 081156 8/27/2005 O S K SERVICES E 10142110404 Repairs/Mainl-Bldgs/Orounds E 10141900-404 Repairs/Maint-Bldgs/Grounds E 10141900-404 Repairs/Maint-Bidgs/Grounds Total QSKSERVICES $154.40 1006483025 $57.65 1006483026 $65^18 1006483027 $277r23 Mat Service • PO Mat Service - Adm Mat Service • CC Paid Chki 081157 5/27/2005 GAPPA. OREO E 10143000-331 Travel Expenses E 60249450-489 Other Miscellaneous Charges Total OAPPA.OREO $27 95 4/6/05 $47.86 4/6/05 $7583 Mitbuge Pizza • Storr.n/Power Outage Paid Cnk# 081158 6/27/2005 GERRINO'S CAR WASH E 10142110-402 Repairs/Maint-Auto Equip ToUl OERRINO'S CAR WASH $16 CO 5/2005 Squad Washes 5/2005 $16.00 Paid Chki 081159 6/27/2005 GOLF CAR MIDWEST E 61349830-379 Insurance Deductibles E 61349830415 Other Equipment Rentals Total GOLF CAR MIDWEST $4543 500606 $1.^00 Lease $1.6*45 43 Damage Repair Golf Cart Lease Paid Chki 081180 6/27/2005 GOPHER STATE ONE-CALL E 60249450489 Other Miscellaneous Charges $566 03 5050648 E 60149400489 Other Miscellaneous Charges $566.02 5050648 5050648 5050648 CITY OF ORONO *Check Detr!! Rea**'ter® 06/24A)5 7 54 AM Pag«5 JUNE 2005 Ctiicic Amt Involco Commut Paid Chk# 001173 6/27/2005 LOOI8 E 101-41900*329 6101*41900*311 E 101-42110*329 6101*42110*310 6 602-49490*201 6 101-41900*201 6 101*42110*201 6 601-49400*201 6 101*41900*401 6101*42110401 Othar Communicadona Data Procfiiing Communication Othar Communicationt LOGlS*Applicationa OfOoatuppOat Otnoa tuppliaa Offioa luppliat OfAoa auppliai Rapaira/Maint-Offica Equip Rapaira/Maint-Offica Equip Total L03IS 6321.50 $31.00 $321.50 $1,950.00 $277.95 $741.22 $741 22 $92.65 $202 50 $202 W $4.09064* 25226 25226 25226 25226 25633 29633 25633 25633 25661 25661 Intarnat - 4/05 Mann Cty Conn 4/05 Intarnat * 4/05 Polica Racorda • 4/05 Back Up Tapaa Back Up Tapaa Back Up Tapaa Back Up Tapaa Sarvica Pack. Etruat Support Sarvica Pack. Etruat Support 061174 6a>/2bOS MEOICA 0101-21706 HotpHallzalloiVMMIcal Ins $10,996 57 0101-16996 Non-EmptovM Health In* $1,175.12 E 101-42110-135 City BanalH Contribution $374.75 0 101-21706 HoapitaNza:lon/Madical In* $1,760.70 0101-15996 Non-Empicyaa Haalth In* $731.11 0101-21706 HospMalizaiofWMedical In* $10,992.99 0 101-21706 HMpItaHzalionMadical In* $731.11 ratal MEOICA "$26,764.35 105162102552 Madica High -7/2005 105162102552 Madica High -7/2005 105182102552 Madica High-7/2005 105182122585 Madica Low - 7/2005 105162125486 Madica Elect - 7/2005 105182125488 Madica Elect - 7/2005 105182134225 Madica Eaaential* - 7/2005 PM ChidP 061175 ' '607/2^ MET COUNClilNVIR^ 8ER 0101-20809 SAC Charges due to MWee R101-39610 Miscallanaou* Revenue 0101-20809 SAC Charge* due to MWee R 101-39610 Mlaoallanaou* Revenue Total MET COUNCI. ENVIRONMENTAL SER $4,350.00 April 2005 ($43.50) Apni 2005 $2,900.00 May 2005 ($29.00) May 2005 $’ 177 50 SAC -4/2005 SAC -4/2005 SAC 5/2005 SAC 5/2005 Paid ChMi 081176 6/27/2005 MET COUNCIL ENVIRONMENTAL SVCS E 602-49450-383 MWCC-Current Charge* $25.336 15 799644 Total MET COUNCM. ENVIRONMENTAL SVCS $25,338.15 Paid Chki 081177 6/27/2005 MRNWEST COCA COLA BOTTUNG CO Wastewater Charge* 7/2005 l ♦ E 613-49900-092 Soft Drink* For Resale Total MtOWEST COCA COLA BOTTLINO CO Paid Chki 061176 6/27/2005 MIDWEST FUELS' E613-49630-212 Motor Fuel* 6 Lubricant* Total MIDWEST FUELS $172 50 61162064 $17250 $1,357 37 26488 $1.357 37 Sods for Resale DiesaVUnleaded - GC 4 i Paid Chki 081179 6/27/2005 MINNEAPOLIS OXYGEN COMPANY E 101-42110-221 Equipment Part* 6 Accessories ____*?? 818494 Total MINNEAPOLIS OXYGEN COMPANY ~ $66 12 Paid Chki 081160 6/27/2006 MMNETRISTA PUBLIC SAFETY £101-42110-226 Clotf.ing 6 personal eouipment .^.^367 1137 fetal MINNETRISTA PUBUC SAFETY $93 87 6/27/2005 MN COUNTY ATTORNEYS ASSOC. Medical Oxy9«n Police CnapiaLn Gear Paid Chki 081181 E 101-42110-437 Trami.ig 6 Development Total MN COUNTY ATTORNEYS ASSOC Paid Chkf 061182 6/27/2009 MN DEPT Of REVENUE 0 613*20606 Out *0 GovU*Stam Saltf Tax $465^00 14429 '$^9 00 $1.345 00 8033059 Drunk Driving OLE Saits Tax 5/2005 CITY OF ORONO 06A24/05 7:54 AM Pages Check Detail Register® JUNE 2005 Clieefc Amt Invotet Comment R 601-30010 MitceOeneoM Revenue R101-34210 OenertI TeuMe Sales/Seivice Tottl MN DEPT OF REVENUE 541.00 8033059 $11.00 8033059 Sales Tax 5/2005 Sales Tax 5/2005 $1,397.00 Paid cliki mV i83 winxm " mp nexlevel llc E 601-49400405 Repairs/Meint-Watermains/planl Total MP NEXLEVEL LLC $ro.85 69940 $50~85 Locate Service Paid Chki 081184 ~ 6/27^5 MUNICIPAL EMERGENCY SERVICES E 101-42260-221 Equiptnartf Parts S Accessories ___$30 0.71 283025 Total MUNICIPAL EMERGENCY SERVICES $300.71 Backpack Pump PM Clikf 081185 6/27/2005 NAVARRE CITOO E 101-42260-212 Molor Fuels & Lubricants E 101-42260-212 Motor Fuels S Lubricants E 101-42260-212 Motor Fuels S Lubricants E 101-42260-212 Motor Fuels & Lubricants E 10142260-212 Motor Fuels A Lubricants E 10142260-212 Motor Fuels S Lubricants E 10142260-212 Motor Fuels A Lubricants E10142260-212 Motor Fuels A Lubricants Total NAVARRE CITOO (PM CIM 061186' 6^7)2665 "NAV/^E HARDWARE E 10142110-221 E 101-43000-221 E 61349630-223 E 61349630-223 E 10142110-221 E 10143000-224 E 60149400-221 E 60149400-221 E 60149400-221 E 10142110-221 E 60149400-227 E 10142110-223 E 10143000-224 E 10141900-223 E 10143000-221 E 10143000-221 E 61349630-221 E 10142110-228 E10145200-223 E 10145200-223 E 10145200403 Equipment Parts A Accessories Equipment Parts A Accessories BMp/Grounds Matnt. Supplies BWg/Orounds Maint. Supplies Equipment Parts A Accessories SIrael Maint. Materials/Supply Equipment Parts A Accessories Equipment Parts A Access'ties Equipment Parts A Accessories Equipment Parts A Accessories UilHy System Maint Sup^s BUg/Grounds Maint. Supplies Street Maint. Materials/Supply Bktg/Qrounds Maini. Supplies Equipment Parts A Accessories Equipment Parts A Accessories Equipment Parts A Accessories Training Supplies Bldg/Grounds Maint. Supplies Bldg/Grounds Maint Suppi'ies Repairs/Maint-Misc Equip Total NAVARRE HARDWARE Paid ChkP 081187 6Q7/2005 N0PER8 GROUP LIFE INS G101-21710 Lda Insurance Total NCPERS GROUP LIFE INS $35.46 2/18/05 Fuel $19.00 2/3A)5 Fuel $30.84 2n/05 Fuel $32.35 3/22/05 Fuel $37 00 4/28/05 Fuel $23 50 5/19/05 Fuel $30.00 5/19/05 Fuel $30.53 5/3/05 Fuel 123868 $14.45 151469 HD Staples $5.84 151510 File/Handle $33.09 151559 Pitch Fork. Coupling $9.45 151714 Cleaning Supplies $3.16 151866 Batteries $48.28 151867 Botts. Bball Net $255 151925 Snap $16.93 151926 Keys $169 152065 Key $14 63 152119 Buckles $318 152124 Galv Nipple $16.43 152153 Cleaning Supplies $24 55 152293 Batteries. Misc Hardware $531 152307 Iron Out $62.07 152366 Hyd Jock. Pin $34.46 152416 Pipe. Caulk $11.11 152429 Buckets $4 57 152525 Masking Tape $8 09 152653 Screws $14 91 152710 Rope $2 47 152753 Washers. Nuts/Bolts $337 26 $152 00 6732705 PERA Life -7/2005 $152 00 Paid CbkS 081188 6/27/2005 NEOPOST E 10141900-401 RepaksMaint-Office Equip Tow NEOPOST $693 32 41961711 Meter Rental - 6/29/05-06 $693 32 Paid Chki 081189 6/27/2005 NEXtEL COMMUNICATIONS CITY OF ORONO 06/24A)5 7 54 AM Pag* 7 *Check Detail Register® JUNE200S ChaekAmt Involc* CommanI E 101-41900-321 Talapkona E 601-49400-321 Talaphona E602-494S0-321 Talaptwna £61^49630-321 Talaphona Total NCXTELCOMMUNICATIONt $309.66 $33.82 $101.46 $48.42 $493.36 Paid CM* 081196 W7iKM ~'HOkM ........... E 61349630-221 Equipmtnl Parts 6 Aecataorlaa $1000 13411 E 61349630-221 Equipmonl Parts 6 Accauonc * ____$127.06 13411 Total NOMAD INTERNATIONAt $137.06 PaM Chidl' 061191 W7/2669' ~ NOi^' MEMOWAL CUNICOCC HEAL E 10142260-319 Olhaf PfofMSional Sonrtcas ___$435 .00 43010 Total NORTH MEMORIAL CLINIC-OCC HEAL $435 00 rtid CWfll 061192 MT/iOOS 6*8UljjVAI« - HOLIDAY 646 E 10142110-402 RapalfS/Mainl-Auto Equip $17 56 5/31/05 Total 0*SULLIVAN6 • HOLIDAY 646 $17.58 PaWCh'WP 081193 6/27/2069 b¥uuJV(i^ E10142110402 Rapalrs/Maim-Auto Equip __ Total O'tUUIVANS HOLIDAY 947 Paid CWM 061194 M27/2668i* OBiiW^^ E 80249490437 Training 6 Dovalopmafll E 60149400-437 Training 6 Oevalopmant Total OBERAIONER. SCOTT ^ • • • $242.20 Sni/05 $242.20 $20.00 6/10/05 $1000 6/10/05 $30 00 Paid Chwi 081199 ' WfiZOOS OPPICE bePOt E 10141900-201 Offioa suppUas E 10142110-201 Offloa supplias Total OFFICE DEPOT $38 88 291069053 $38.88 291065053 $n.76 Paid ChWI 081196 6«7/2009 oio OOTCH F<k)^^ E 61349900-093 Coneassions For Rasala-TiiM Total OLO DUTCH FOODS INC. $21.84 105433 $21 84 Paid CWtP 081197 6/27/2005 PHARO, CHRIS E10142110-201 Offica supplias Total PHARO, CHRIS $iq.M 6/10/05 $ib"84 Paid CW(P 081198 6/27/2005 PHOENIX TECHIWLbOV SOLUTIONS. E101422604U1 RapairsrtMaint-Offica Equ* Total PHOENIX TECHNOLOGY SOLUTIONS, $15000 IVC00369 ~$l'50.00 PaidChki 081199 6«7/2005 PRECISION TURF E 61349830-223 Bldg/Grounds Mamt. Supplias Total PRECISION TURF $94019 24840 $940 19 Paw Chki 081200 8«7/2005 PRUDENTIAL LIFE INSURANCE G 101-21710 LF# Insuranca $83 52 96234 0191-21710 Lila insuranca _ $650.40 96234 Total PRUDENTIAL LIFE INSURANCE $733.92 Paw Chh# 061201 6G7/2009 QUARTERLY ADVERTISING, INC E 61349630-340 Ganarai Adwartising $35000 10173 - j PW Phones PW Phones PW Phones PW Phones Head Covers Golf Clubs Medical Exam - HiTlstrom Squad Washes - 5/2005 Squad Washes - 5/2005 Lunch (3) Electrical School Lunch (3) Electncal School Office Supplies Office Supplies Chips for Resale OVD Blanks Support 6/2005 Fertilizer, Pesticides Life msurance 6/2005 Life Insurance 6/2005 Print Advermemem • GC ,4' CITY OF ORONO 06/24A)S7;54AM Pages *Check Detail RegisteitS) JUNE 200S Tom quarterly ADVERmmO, INC ¥aid ChM 081201 ~ MT/lodS ^K8 SUPEIWj^UE E 613<49900^3 Conceislona For Reute-Txbl EeiM9MXM»2 Soft Orinka For RomIo E101-42110-201 Office uipplita E 101-49200-439 Meeting Expenaea Total RICKS SUPERVALUE CheefcAiirt Invoice Cowwient $350.00 $7.43 6/10r0S $20.65 6/10T05 $11.69 615m $142.15 6/6A)5 $162.12 Paid ChW 081203 8Q7/2005...TOV/uTcOMCRETE PIPE E 651-49910-406 Rapalra/Mainl-Swr Knea/lifla $4,673.0 1 91169 Total ROYAL CONCRETE PIPE S4.673.01 Paid Chki 081204 M7/2005 SERVICES E 101-45200^31 Travel Expenaee $105.00 6/7/2005 Total SENIOR COMMUNITY SERVICES $105 00 Paid bhk# Oai^ 6/27/2005 SPRING PARK. CITY Of R 231-35610 Drug ForfeHuret TolM SPRING PARK. CITY OF $450 00 6/13/05 $450.00 Paid Chki 061206 6/27/2Ck)5 STATl OF mV cPY TOOGR^ E 602-49450-46$ Other Miacellaneout Charges $250.00 CPV E 101-41900489 Other Miioellaneous Charges $100.00 CPV E 101-42110-469 Other Miscellaneous Charges _ $150.00 CPV Total STATE OF MN CPV PROGRAM *$500 00 Paid CliWI 061207 “6/27/26W ....STEFFENHAGEN. RON E 613-49630-201 Office supplies Total STEFFENHAGEN.RON $6.36 6/14/05 $6.38 Paid Chief 081208 6/27/2005 STENSRUD. CHAO E101-42110-437 Training & Development Total STENSRUD. CHAO $10.47 6/6m $10.’47 Paid Chki 081209 6/27/2005 STREICHERS E 101-42110-402 Repairs/Maint-Auto Equip E101-42110-226 Clothing & personai equipment E 101-42110-226 Clothing & personal equipment E 101-42110-226 Clothing A personal equipment E 101-42110-550 Automotivo Equipment £ 101-42110-226 Clothing A personal equipment E 101-42110-226 Clothing A personal equipment E 101-42110-550 Automotive Equipment E 101-42110-550 Automotive Equipment E 101-42110-550 Automotive Equipment E 101-42110-550 Automotive Equipment E 101-42110-550 Automotive Equipment Total STREICHERS $34.03 $47 90 $69 82 $27.58 $5.8F3.90 $162.00 $143.85 $1.474 50 $1.583 85 $1,314.50 $1,746.70 $1^00 SI 2.658 63 1266151 1266683 1266769 1268535 1269656 1271592 1271644 1272210 1272213 1272217 1272220 1272222 Paid Chki 081210 6/27/2005 STRINGER BUSINESS SYSTEMS E 101-42110-201 Office supplies $108 75 1114234 Total STRINGER BUSINESd SYSTEMS $108 75 Paid Chki 061211 6/27/2005 SUN PATRIOT NEWSPAPERS E 613-49630-340 General Advertising $104 00 1903 Concessions for Resale Concessions for Resale First Aid Supplies Meals • Park Tour Concrete Pipe Bus - Park Tour Getz ForfeHure-Sp Pk Share CPV 7/1/05-6/30/06 CPV 7/1/05-6/30/06 CPV 7/1/05-6/30/06 Ink Pad Meats • BCA Traink^g IM Spotlight Repair Duty Hat • Famiok Belt. Radio Holder - Dembouski Badge ID Case • Wittke Set Up Squad 205 Badge - Wittke Shirts - Dembouski Set Up Squad 204 Set Up Squad 204 Set Up Squad 203 Set Up Squad 203 Set Up Squad 2C3 i I \ Drum Kit Goif Guide Aiifinri li I " 1 ■*>CITY OF ORONO Oe/24/OS 7:54 AM Page 9 *Check Detail Register® JUNE 2009 ChecfcAiwt Inv Total SUN PATRIOT NEWSPAPERS $104.00 Paw CN5"091212 ' infmm' 'TMrVALUATiW E 101-4329(^800 Special ProjeWt. Contingency $3,600.00 230212-2 CariwtWNelaon Driveway Total Tl« VALUATION GROUP ftWChW* 0612*13" W7«665 "THOW^ £613-499004)91 Beer For Rotaie E 61340900-091 Beer For Roeale Total THORPS OIST CO. PaWCMW 081214 WtnXM fMtEAOS' £613-499004)95 Pro Shop Heme For Rotate Total THREADS Paw ehW“68i215 W7/2008* TOP' FUTE £613-499004)95 Pro Shop IMflit For Resale $3,600.00 $42.75 375464 $28.50 376273 Beer for Resale Beer for Resale $71.25 $499.50 06C 062005 Hats. Shirto • GC $499.50 Total TOP FUTE Paw'chw oeiVio taimai mLBV4ticH co E 601-49400-405 RepalrsMainl-VVatennalnt/ptanl $72 50 54561396 $72.50 Flying Lady Golf Balls Total VAUEY-RICHCO l»aWChW'061217 ktifnSM vW.UN $430.(» 9476 '$4M.66 Hydrant Repair E10141300-331 Travel Expenses E10141900489 Other Misoellaneous Charges Total VSE.LIN $63.32 6/14/05 $3^0 6/14A)5 $95.42' MSesge/pacfcing Flowers • Pat Meisel :ftW ChW l)81216 ' "WT/idM WAY2ATA. CITY OF E10142260-318 Fhe Services Total WAYZATA.CITYOF $11,960.00 5/27/05 1st Qtr 2005 Fire Service $15.00 $11,98000 PaWChhi 081219 6/2772009 WfiStsiOE WHOLESALE TIRE E 10143000-222 Vehicle Equipment 8 Parts $15.00 549374 Total WESTSlOE WHOLESALE TIRE Paw Chk# 081220 ttzifim WHltE,tbHY ' E10142110437 Training 8 Development Total WHITE, TONY PaWChMM)81221 6/27/2005 WILLIAMS TOWING E 23145650436 Towing Charges Total WILLIAMSTOWING Paid ChM 061222 6/27/2005 WSB E 10143290-800 Special Projects. Conlirrgency Tire Repair $39_19 6/13/05 $39715 Meals (3) Terronsm Tming $141 65 75439 $141.65 Tow • Henderson Forfeiture Total WSB Paw Chk# 081223 6/27/2005 YELLOW BOOK USA E 61349830-340 (3enerel Advertising $2,317 50 4 $2.'3i7 50 Hwy 12 Turnback Total YELLOW BOOK USA Paw Chki 081224 6^7/2005 YOUNG. JACKIE E 10141300-319 Other Profettionai Seivicet $6300 303866 '$63.00 Directoiy Advertising - GC E 10141300-319 Other ProlessWnal Services E10142400-319 Other Professionel Servieet Totel YOUNG. JACKIE $210.00 5/27/05 $69.00 5/27/09 $390 00 5/27/09 '$625 00 Minutes - CC 5/9/05 Minutes - Board of Revww MWutes - Plan S/16A)5 CITY OF ORONO *Check Detail Register® JUNEtOOi Invote* Commut. 101M Prtmwy CmH $144,090.30 Fund Summaiy 101 GENERAL FUND 231ORUO/FELONY FORFEITURE FUND 001 WATER OPERAHNO FUM> 002 SEWER OPERATING FUND 013 GOLF COURSE 001 STORM WATER UTILITY OP FUND 10100 Primary Cmh $94,042.79 $091.09 $4,100.24 $32,227.14 $7,589.47 $4,073.01 Vi. ..jr*', . ‘V'- wr • V ,•- --.y V; y.. •N^v4;I^Li6T*S -■ ■ -. 1144.090.30 ’•-■•■•• • 1& "' ■'..V ; X- vv-VV;; V' . ..-..•|g : V”'iv Am m e»-t...' r" tt«>' I A^;5 '.• ■; :*jmmms$m •■• ■ '.'.. ■ -h .; ,. ■mm •.V’ ^ »t a^te- 00/24A)S7;S4AM Pag* 10