The URL can be used to link to this page

Home My WebLink About07-11-2005 Council PacketAGENDA FOR COUNCIL MEETING SET FOR MONDAY, JULY 11,2005,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA (*) Asterisk items are considered to be routine items to be enacted upon by one motion by the City Council under the Consent Item* on the agenda. Memos regarding each of the Agenda items are available in the Public Packet - located on the counter near the sign in sheet. ROLL CALL PLEDGE OF ALLEGIANCE CONSENT AGENDA 1. Approve/Amend JUL i i 'M CITY OF ORONO OATH OF OFFICE - Police Officer Christopher Pharo APPROVAL OF MINUTES * 2. Regular Council Meeting of June 27,2005 PARK COMMISSION COMMENTS - Michael Huddy, Representative PLANNING COMMISSION COMMENTS - Jim Leslie, Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR’S REPORT 3. #05-3097 Hashem Abukhadra, 1745 Fox Street - Preliminaiy Plat Approval - Resolution 4. #05-3112 Loren and Stacey Schoenzeit, 4480 Forest Lake Landing - Variance and Subdivision 5. #05-3113 Natural Environments Corporation on behalf of Dennis and Amanda Walsh, 1354 Rest Point Circle - Conditional Use Permit * 6. #05-3116 Miruietonka Power Squadron, 510 Big Island - Conditional Use Permit - Resolution * 7. #05-3117 Jeffiey Gustafson, 1310 Spruce Place - Variance - Resolution 8. #05-3118 Mark and Julie Parten, 1310 Vine Place - Variance - Resolution * 9. #05-3119 Ray Newkirk, 1489 Shoreline Drive - Conditional Use Permit - Resolution * 10. #05-3122 Dan-Bar Homes, 1001 Wildhurst Trail - Variance Renewal - Resolution 11. #05-3123 Michael and Kristin Hart, 1005 Linden Lane - Variance - Resolution 12. #05-3125 Christine Valerius, 2377 Shadywood Road - Conditional Use Permit and Variance * 13. Joint Use Dock License - Big Island Inc. - Resolution MAYOR/COUNCIL REPORT PUBLIC SERVICE DIRECTOR’S REPORT CITY ADMINISTRATOR'S REPORT 14. Fill Vacant PT Police Officer Position - Resolution 15. Proposal from DSU for Planning Services Jl r I AGENDA FOR COUNCIL MEETING SET FOR MONDAY, JULY 11,2005,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA CITY ATTORNEY’S REPORT * 16. LICENSES Gambling - Resolution Gaibage Special Event * 17. BILLS UPCOMING ISSUES AND E^TNTS 2005 07/11 • Council Meeting, Monday, 7:00 p.m. 07/14 - Council Woik Session, Thursday, 5:45 p.m. 07/18 - Planning Commission Meeting, Monday, 6:00 p.m. 07/25 - Council Meeting, Monday, 7:00 p.m. 07/28 - Council Woric Session, Thursday, 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, Mcmday, 7:00 p.m. 08/11 • Council Work Session, Thursday, 5:45 p.m. 06/15 • Planning Commission Meeting, Monday, 6:00 p.m. 08/22 - Council Meeting, Monday, 7:00 p.m. 08/25 - Council Work Session, Thursday. 5:45 p.m. ■. /-A- ^ , "jr '■Pi M.' Public A ttendance Meeting Date iTmVx^j ET^OUNCIL ............... □ Planning Commission □ Park Commission □ Other Please filloutthe information requested BELOW FOR OUR CITV RECORDS. NAME (please priat)ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER VooS L.-I n <g Ck I; /u /^ti ^ r A li' A/'c'/O T- 10. 11.. 12. 13. . .Jw Q mm ' • A ■ k'i • ■; •• "f , ;i * ■-i ' . . • i« , MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 27,2005 7:00 o’clock p.m. mcctimG JUL 1 ^ 2005 CITY OF ORONO ROLL The Council met on the above mentioned date with (he following members present: Mayor Barbara Peterson; Council members Bob Sanseveie, Jim Murphy, Jim White, and Lili McMillan: City Attorney Thomas Barrett; Representing stafT were City Administrator Ron Moorse, Planning Director Mike Gaffron, Planner Janice Gundlach; and Recorder Kristi Anderson. Public Works Director Greg Gappa and Engineer Tom Kellogg were absent. PLEDGE OF ALLEGIANCE Mayor Peterson called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. CONSENT agenda 1. Approvc/Amaid Items 12 and 15 were added to the Consmt Agenda; while item 8 wls removed for discussion. White moved, McMillan seconded, approving the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. PRESENTATION lA. North Hennepin Mediation Program Beth Bailey of the North Hennepin Community Mediation Services gave a brief presentation to the Council explaining the program ’s core belief that people have the ability to resolve their own disputes. Begun in 1983, the program provides 100 volunteer mediators which conduct over 1400 mediations each year within its contracted communities. Murphy asked what the qualiScatimis were of the volunteer mediators used by the service. Bailey replied that, while the Supreme Court stipulates a set of basic requirements, the program has additional standards it adheres to. She pointed out that a volunteer does not have to possess a degree in mediating, but must be a good listener and is requir^ to attend initial 30 hour mediation training and an additiorul 6 hour refresher each year. Sansevere inquired as to the cost to each contracted community. Bailey responded that, in addition to state and private funding, the program fees for each community are tied to the size of the connnunity itself. She indicated that diey would recommend an 18 memth contract at the fee of $3000, and an annual renewal rate of $2,000. Bailey pointed out that there are no fees for those who paiticipate in the mediation services where contracts in those communities exist. McMillan commented that she felt this was a worthwhile service to provide to Orono citizens. Mayor Peterson sttted that the city already approved the contract at its last City Council meeting and die Orono Polioe Department has already posted the service on its website and begun making referrals. Page 1 of 12 1 ♦ MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 27,2005 7:00 o’clock p.m. APPROVAL OF MINUTES * 2. Regular Council Meeting of June 13,2005 White moved, McMiUan lecondcd, approving the Minutes of the June 13,2005, City Council Meeting as presented. VOTE: Ayes 5, Nays 0. PARK COMMISSION COMMENTS • Paul Pesek, Representative Pesek thanked the Council members who were able to join the Park Commission on its recent Park Tour. He noted that the Commission would not be having a July meeting due to the holiday, but would be discussing the concept of installmg a dog park at Bederwood in an upcoming meeting and report back. Murphy asked whether the Commission would be taking a second trip to Big Island. Pesek stated that the Commission hoped to return to the Vet Camp property in July, since several members were unable to attend their previous visit. While he was unsure of how to use the parcel, Pesek stated that it was a wonderful place and the City had probably made a good decision to purchase it. Murphy stated that he would like to see the entire Commission and Council take a trip out to the property to view it over the summer months. PLANNING COMMISSION COMMENTS - Roland Jurgens, Representative Jurgens stated that he would remain for questions. PUBLIC COMMENTS - (Limit 5 Minutes Per Person) There were none. ZONING ADMINISTRATOR'S REPORT 3. #02-2840 John Terrance Homes, LLC, **2550*' Kelley Parkway - Final Plats of Stonebay Phases 3-4-5- 6 - Resolution Nos. 5336,5337,5338 and 5339 Gaflron explained that John Terrance Homes, LLC, was 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 Developnwnt, LLC”, He continued, noting that the request was for final plat approval for the remaining 4 phases, while Landform will continue on as the engineers for the development. Murphy questioned how the Council could guarantee that the quality of the four remaining phases would be the same quality they had come to expect from the previous developer. Oaffron stated that staff would continue to monitor the development and ask the developer to continue with the same level of quality or standards as originally represented, or it can be brought back to the City CouiKil for review. Murphy stated that he had been approached by two different individuals who had urged him to be wary that the new developer, Zachman, might attempt to ‘cheapen up’ the product. Page2ofl2 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 27,2005 7:00 o’clock p.m. 3. H02-2940 John Temmc* Homes, LLC, •*2550 ” KHtey Pmrkwmy, Continued With that in mind, Gaflron stated that stoff would need to be that much more diligent in it’s monitoring of the developer and reminded the Council that the city did have development agreements to fall back on. Attorney Barrett indicated that staff could provide supervision to enforce the contracts that the City has with the developer. Sanseveie asked whether Mr. Zachman could be reached and asked to attend this evening in order to answer some of the questions posed by Council member Murphy. Steve Johnston, Landform, stated that he was uncomfortable commenting on the quality of what the new developer would be building, however, concurred with staff that previous development agreements would ensure certain standards would be met with regard to the outside appearance. Johnston stated that he was aware that Zachman had hired a new architect and hopes to add elevators to ^e ramblers, as the finished product seems to be demanding custom level quality in this construction. White asked whether the City should be made privy to why the development transfer was occurring. Johnston stated that it was long and involved and asked that he be allowed a short break to consult with the City Attorney and try to contact Mr. Zachman. The item was deferred until after item 5. • 4. 404-2969 Terry and Gretchen Blount, 1390 Cherry Place-Conditional Use Permit-Resolution No. S340 White uMved, McMilan seconded, approving RESOLUTION NO. 5340, a Resolution granting a conditional use permit for 1390 Cherry Place to allow land alterations within the 75’ setback of Lake Minnetonka. VOTE: Ayes 5, Nays 0. 5. #05-3097 Haahcm Abukhadra, 1745 Fox Street - Subdivision Gundlach explained that the applicant was 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 I^ ^ eventually Lake Minnetonka, placing the property in the Shoreland Overlay District. One house and guest house currently exist on the property. The Planning Commission set forth 5 stipulations for discussion by the Council with the applicant which included: 1. Guest House - The Planning Commission recommended that the guest house be allowed to remain until after the time the existing main house is demolished and the lot is redeveloped. Gundlach noted that if lot 6 is ^ideted a back-lot, a front yard and side yard setback variance will need to be granted in order for it to remain in its current location, and city policy has been that at the time of platting, all existing non-confbrmaiKies must be elimiiMled. Page 3 of 12 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 27,2005 7:00 o’clock p.m. 5. HOS-3097 Hashem Abukkairmt 1745 Fox S^^-SuhdMsiom, Continued 2. Lot 6 as a back-lot - In order 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; therefore, the lot and existing house meets the 150% setback requirements. 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; whereas, staff and the Planning Commission have recommended that it and the existing driveway access to the western end be eliminated at the time the new road is completed. 4. Septic Sites for proposed Lot 6: Lot 6 contains the main house and guest house - Since the existing septic sites are not adequate and non-compliant the applicants should be directed to submit a design for 2,7-bedroom sites, which would require a variance from the Septic Code. 5. Rural Oasis Study - Gundlach encouraged the Council to consider whether this property should or could be required to undergo additional planning steps prior to final plat based on preliminary conclusi jns of the Rural Oasis study. McMillan asked whether the parcel contained enough acreage to support the main house and guest house. Gundlach acknowledged it did. With regard to the Rural Oasis study, Murphy asked whether the City might like to see swales as opposed to curb and gutter in this development. Mark Gronberg, Gronberg Sl Associates, stated that the engineer had encouraged them to direct the storm water to the NURP pond via buffer strips, and various treatment methods. He indicated that engineering swales would cost diem this entire construction season, as well as, be difficuh to accomplish due to the grades near Fox Street. Murphy maintained that the City had been studying alternatives to curb and gutter over the past year, and that he would prefer the construction process be slowed in order to allow the applicant adequate time to consider other treatment methods. Gronberg pointed out ^t curb and gutter would only impact 8 acres, while an additional 13 acres would be treated in other ways, bi addition, Gronberg indicated that by using retaining walls near the curb and gutter, they avoid losing numerous mature trees that would be lost to swales. Sansevere cautioned the Council that what is decided in this instance might be precedent setting and questioned what has been discussed with regard to the Rural Oasis study and how it could be implemented. Moorse pointed out diat what has been discussed with regard to the Rural Oasis Study must be incorporated into the Comprdiensive Plan and put into Ordinance form before the Council can enforce its vision. Sansevere urged this and other developers to incorporate the Council’s sentiments with regard to the Rural Omis study into their developments until which time they are put into Ordinance form. Page 4 of 12 1 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 27,2005 7:00 o’clock p.m. 5. mS-3997 Hashtm Abukhairm, 1 745 Fox Street - SabdMsUm, ContiHuetl Muiphy stated that this is a marvelous piece of ground, which he feared rniglit be lost to development; therefore, he wished to be as protective and conservative as possible. Anus Abukhadra, applicant, stated that his family also wished to preserve as much of the land as possible, but need 6 lots within the properly to accommodate 6 family members. White stated that he was more concerned by the loss of the dramatic views caused by reshaping the land than curb and gutter. Bruce Vang, Orono Building Inspector, asked whether the guest house required additional acreage as a back-lot. Gaffron pointed out that if the guest house acreage requirements and .'0% back-lot requirement were cumulative, the guest house requires 6 acres to support it; whereas, the dry buildable is closer to 5.2 dry buildable acres. Mayor Peterson asked if the Council could allow the applicant to subdivide to build one house, then delay the rest of the construction until the applicant has gone thru the process with the MCWD to consider other alternatives to curb and gutter. Oronberg reiterated that, due to certain slopes, they may still need curb and gutter to retain the hillside in some areas. McMillan stated that she feared more land disruption might occur due to natural erosion if the applicant did not install curb and gutter in this instance. Tom Brown, 760 South Brown Road, stated that his issues pertain to the closure and regrading of Fox Street. He questioned why the new access road could not be moved back where the existing pond is in an effort to preserve this beautiful parcel. He asked why an environmental study had not been performed. Mayor Peterson pointed out that the size of the property allows the applicant to subdivide the parcel into 6 lots. Oroo^g reiterated that the setbacks to the pond, as well as, the septic sites all play into where the lots and road must be placed. As proposed, the sight lines for the road will be itTqrroved. Jurgens interjected that the Planning Commission made a recommendation that there be one driveway access for all 6 homes onto Fox Street; whereas, the rationaie for the guest house to remain became part of the bargaining process* McMillan stated that she agreed with everything except the allowance for the guest house. Atton^ BairM reminded the Council that statute and ordinance requires that a hardship exist to allow the guest Oaflron stated that a variance would be necessary, since as a back-lot, the guest house needs to be setback 75’ He pointed out that the need to create six lots was the basis for the hvdship. PageSom MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 27,2005 7:00 o ’clock p.m. 5. H9S’i997 Haskem AbuUuuIrm, i745 Fax Street - SmbtUvisiati, CoatUmed Sansevere stated that he was unable to see how a hardship created by the applicant could be considered a hardship. Gronberg stated that in order to eliminate the second access from Fox Street, the applicant was forced to create the back-lot scenario. Attorney Barrett explained that a hardship must be derived from the land, though he could see where moving the road due to problems with the land and the need to delineate septic sites could be articulated into a hardship. Gronberg concurred, adding that avoiding the second access off Fox Street created an additional hardship. Mayor Peterson asked whether Council members were comfortable with the hardship as articulated by Attorney Barren, that the guest house be allowed to remain acknowledging the removal of the main house is not imminent. Gaffron questioned in 20 years when the time came to rebuild the guest house, whether this agreement, though put in the chain of title, might be forgonen. He referred to staff s original recommendation that the guest house be removed. Murphy moved, White seconded, that the guest house be removed if lot 6 is to be considered a back-lot. VOTE: Ayes 2, Nays 3, Sansevere, Mayor Peterson, and McMillan dissenting. McMillan moved, Sansevere seconded, that the guest house be allowed to remain until such time that it is redeveloped baaed on existlag hardships due to septic sHcs, back-lot scenario and the topography of the site. VOTE: Ayes 3, Nays 2, White and Murphy dimenting due to the lack of hardship. McMillan moved. White seconded, that Lot d be considered a back-lot, with the eUmination of the Fox Street accem for safety reasons. VOTE: Ayes S, Nays 0. With regard to the septic sites, Gaffron pointed out that the first septic site must be built now to serve the main md guest houses, before final plat approval. Murphy UMved, White seconded, that the City Council accepts the premise that two 7-bedroom septic mound systems arc sufficient with one to he built within one year, and a second site to be preserved for future use. VOTE: Ayes 5, Nays 0. White moved, and then withdrew a motion to require the ^licant to complete a tree survey, as no policy is in place to demand this of an applicant, thus unfair in this situation. Abukhadra stated that his family wishes to preserve as many trees as possible, though removal of some trees is neoessary. McMillan questioned how the lakeshore or shoreland overlay might inqmct future accc» via docks etc. Abukhadra stated diat there is one dock the peninsula of the property currently. Fage6ofl2 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 27,2005 7:00 o’clock p.m. 5. H95-3997 Haahtm AbukhiUlni, 1745 Fox Street — SuMMsioH, Cootiiiiied Thou^ difficult to define, Gaffron pointed out that, since the property is at the 929.4 elevation, it is within the Lake Minnetonka boundary, and should therefore be subject to lakeshore setbacks of 75’ from the shoreline. He asked wiiether Council would accept a dock. McMillan stated that she felt preservation of the lakeshore was essential; therefore, a 75’ setback was important with the allowance of a small dock at the peninsula, though no canopies. 3. Continued - #02-2840 John Terrance Homes, LLC, “2550” Kelley Parkway - Final Plats of Slonebay Phases 3-4-5-6 - Resolutions Arne Zachman, of OT Development, stated that it was his intent to dress up the exterior and interiors of the homes and add elevators, thus increasing the values by $50,000-100,000. He maintained that the current quality would be met or even enhanced. Murphy noted that stateiiKnts brought to his attention caused him concern and asked whether Zachman proposed significant changes. Zachman stated that he must honor and adhere to the developer’s agreement, but plans to add more stone to the facade, and make some minor revisions to the interiors. Johnston pointed out that the price of the units has justified the upgrades. As a fluid process, Gaffron stated that the proof will be when the City receives the building plans, whether tweaks again will be necessary, the burden will be put on staff to monitor the development. Anomey Barrett pointed out that the existing cciitractual language gives staff license to make recommendations. Zachtiuui indicated that it is his intent to increase curb appeal and sell units quicker. Murphy moved, Mayor Peterson seconded, to accept RESOLUTION NO. 5336, a Resolution granting Final Plat approval for Stonebay Third Addition. VOTE: Ayes 5, Nays 0. White HMved, McMillan seconded, to accept RESOLUTION NO. 5337, a Resolution granting Final Pbl approval for Stonebay Fourth Addition. VOTE: Ayes 5, Nays 0. Sanscverc moved, Mnrphy seconded, to accept RESOLUTION NO. 5338, a Resolution granting Final Plat approval for Stonebay Fifth AddMoa. VOTE: Ayes 5, Nays 0. McMIUan moved. Mayor Peterson seconded, to accept RESOLUTION NO. 5339, a Resolution granUng Final Ptet approval for Stonebay Sixth Addition, with the typo correction of the third paragraph as noted VOTE: Aym S, Nays 8. Psge 7 of 12 I II MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 27,2005 7:00 o’clock p.m. 6. W5-3100 Larry and Sheryl Palm, 1146 WUdbunt Trail - Variance - Resolution No. 5341 Gundlach explained that the applicant requested lot area and lot width, and a conditional use permit to construct a new residence on an existing lot and allow the retaining walls and grading within 5’ of a lot line. She noted that staff c^uis wiA the Planning Commission recommendation for approval as long as the grading plan meets the 4 conditions as laid out by the Plaiuiing Commission. 'Hiou^ he noted the structure meets hardcover and structural cover requirements, White commented that the drainage and wall systems leap out at him. Gundlach stated that the applicant has verified that the amount of drainage can be handled by this design. Vang a^OMhed the Council and explained that, thou^ it is not a great amount of water but the speed at which it movm t^ IS of concern and being addressed by this drainage plan. He maintained that slowing the water before it hits the lou^ flat area at the water ’s edge is of greatest concern. In an effort to catch and direct the water down toward the bottom of a funnel swale system instead of the neighbor’s property, Vang felt this to be an effective system. Murphy suted that he had never seen a wall which goes across property lines even with a letter of agreement between two neighbors. Vang noted that fliis perpendicular wall crossing both properties would benefit both homeowners. McMillan asked if Vang ’s earlier concerns regarding drainage had been addressed by this design. Vang stated that this particular house design was driving the need for the walls to handle the drainage. **** Council to view and suggested that landscaping be Pata stat ed that, since the grade falls off quickly, and the need to direct drainage requires walls, they used two J^wentmater^ to break up the concrete expanse. He noted that he would be putting together a landscape plan White stated that if he were the neighbor, he too, would want the walls to help direct runoff. The neighbors stood and stated that they did want the retaining wall system as proposed. Mayor Peterson Mted that she would have preferred the home be scaled back to accommodate the runoff rathi tlum creatmg a dramatic runoff system to handle the flow. Vang eapb^ that runoff has ^ a problem, due to the topography of the neighborhood, not just this proposed proposed grading plan the construction will help out me nagnoon ntnoff problem and not increase it in any way. Palm pointed out that all of the water to the north of their properties runs down their lots. Pages of 12 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 27,2005 7:00 o ’clock p.m. 6. M05-SI00 Lmnymni Sheryl Palm, 1146 WUdhuntTrmU,ContiHuei Murphy moved. White seconded, to accc|it RESOLUTION NO. 5341, A Resolution granting lot area and lot width vnrianccs, and a conditional use permit with the provision that the four conditions have been met and that Krccning plans for the retaining walb be subject to staff approval. VOTE: Ayes 4, Nays 1, Mayor rcteriOB diitCBtiBg, Mayor Peterson felt the design was too much house for the lot size. 7. 1105-3110 Thomas and Sheila Browne, 760 Brown Road South - Variance - Resolution No. 5342 ^tc moved, McMillan seconded, adopting RESOLUTION NO. 5342, a Resolution approving the lake ^Mk variance in order to construct a V* story dormer and denying bke setback and hardcover variances In order to construct a garage addition. VOTE: Ayes 5, Nays 0. 8. 805-3111 Water Street Homes, LLC on behalf of Randall and Sara Hogan, 2260 Fox Street- Conditional Use Permit and Variances - Resolution No. 5343 McMillan questioned whether the wetland calculation was included in the redesigned site plan. Oaflron pointed out that code does not state whether or not you use wetland for oversize accessory space calculaUoiu. He stated that the argument could be made that, if one considers wetland open space, one should get errat for it, but since the code is not spediic and lot area typically does not include wetland in its overall calcuutions it is unclear depending how you look at wetland. determined in a previous meeting that the driveway outlot was to be Ga^ concl^ that if the ouUot and wetland were added together, as determined in the previous meeting, the ipplicint would be close to meeting accessory building size restrictions. McMillan suggested that item #5 in the Resolution be removed as it was redundant. ” ** '« ""courag. o O kt buikteis to f. MS-3114 Boyer on behMfofSever and Sharon Prterson, 3145 North Shore Drive-Variances- Resolution No. 5344 Page9of 12 u I; MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 27,2005 7:00 o’clock p.m. 10. 005-3120 Calvary Memorial Church, 2420 Dunwoody Avenue - Conditional Use Permll - ResolutionNo. 5345 WWte moved, McMillan seconded, adopting RESOLUTION NO. 5345, a Resolution cranting a sign variance for 2420 Dunwoody Avenue. VOTE: Ayes 5, Nays 0. II. 005-3125 Christine Valerius, 2377 Shadywood Road - Amend Conditional Use Permit Gundlach explained that the applicant requests an amendment to the conditional use permit for a coffee 8^/restaurant approved in April of 2004 which would allow a portion of the upper level to be used as an office r street setback vanance to allow a second story staircase to be setback 21.5’ from the side street lot line Wien 35 is required, 24’ was previously approved, and 15’ formerly existed. Gundlach noted that the Planning Commi^on voted 5-1 to approve the requested conditional use permit and side street setback variance to permit a pnvate office and 2 story exterior staircase stipulating that the staircase be constructed of wrought iron material of a color consistent with the building. Mayor Peterson inquired as to what the hardship was for granting the additional exterior staircase. Gaffion staM that the change in use forced the need for the outside staircase, in essence a building code issue. Though a self imposed hardship, Gaffion stated that the Plaiming Commission felt it was reasonable. ^giiuUly a coffee ^restaurant was to be run by the appUcant. Murphy questioned how it had become a chain store, plus ^ihonal rental office space upstairs. He questioned whether the City would have approved this concept under the original application. Gaffion stated that this different use triggers an amendment to the original application and resolution. White stated that this is a business use in a business district. Sansevere sUted that he was unsure whether he saw a legitimate hardship to warrant the ouuide stoircase. Murphy ^ if there is ad^uate parking to accommodate a Caribou coffee shop. He questioned additional changes from the original plan, the handicapped ramp had been moved, windows, doors, and now the stairway. Sansevere suggested the Council table the request and allow the appUcant time to consider their options. M^ Pete^ pointed out that the appUcant had changed their use from what was onginally proposed. The use they have created does not provide them with legitimate hardship. >^us stat^ thtt^ building inspector had led her to beUeve getting approval for adding the extenor stairway wouM be no big deal. She maintained that the City was denying her use of her buildmg. ^ Page 10 of 12 L.. « » MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 27,2005 7:00 o ’clock p.m. ^f05-3I25 Ckrisriitc y^iltriMS, 2377ShMdywood Rond, CoHtiitued McMillan pointed out that additional rental office space impacts parking, just how much must be investigated by stafT Valerius asked for her item to be tabled and encouraged the Council to come by and see the beautiful building, help her to identify a different place to construct a staircase, though it may not look as good as proposed. Murphy moved. Mayor Peterson seconded, to table #05-3125, Christine Valerius, 2377 Sbadywood Road, for the purposes of redesign. VOTE: Ayes 5, Nays 0. MAYOR/COimCIL REPORT MUii^y rqrorted that both May Street and Bollum Road would be shut down the next day. though no one really knew if and how the State government shutdown might intact the highway project. PUBLIC SERVICE DIRECTOR’S REPORT None. CITY ADMINISTRATOR'S REPORT • 12. Applicatloa for Payment No. 14-Final Revised-Long Lake Fire Station, Rochon Corporation ^e moved, McMUIan seconded, approving Payment ApplicaUon No. 14-flnal-revised, for the Long Lake ^ Statloi^ from Rochon Corporation, in the amount of $17348.21, and to authorize payment from the Joint Long Lake Fire Station Account VOTE: Ayes 5, Nays 0. 13. Cingular Water Tower Lease Agreement Murphy asked what the water tower would look like. Moorse stated the antennas would be located on a railing under the bowl of the tower. Murphy moved, Sanscvere seconded, approving the lease agreement with Cingular for the pi^ftment of antennas on the Navarre water tower, and to authorize the Mayor and City Administrator to sien the lease agreement VOTE: Ayes 5, Nays 0. 14. Mn/DOT Traffic Signal Agreement for the d/12 Interchange McMillan asked whether the traffic lights would include a ‘cobra’-type street light. Murphy pointed out that the ‘cobra* light is a standard construction practice. Mo(^ stat^ that he believed there was some fkxibiUty in design depending on the lamp style chosen, addins that he would wpetk to MnDOT about the subject. ** m Page itof 12 f ■ r I . I Lf: ‘•■In;. « « t MINUTES OF THE ORONO CITY COUNCIL MEETD^G Monday, June 27,2005 7:00 o’clock p.m. J4. Mm/DOT Truffle StgmaiAgrtemmtfor Ae 6/12 lnUrckmmge,Con^ue4 McMUIaa nov«d. Mayor Pcterton seconded, approvlnf the elemenU of the cost sharing agreement as set ont inthc letter of April 25,2005, and to author^ the Mayor and City Administrator to sign the final agrccncnt that wUI rcHcet the Information in the letter on the conditioo that the Administrator ask about the !i«hiA vruTB** A«rm. c athe *cobra* hghts. VOTE: Ayes 5, Nays 0. 15. Appointment of Golf Coarse Seasonal Employee WWte moved, McMillan seconded, to hire seasonal employee Taylor Peterson at the proposed wage rate of SS.10 nniler the applicable provisions of the PERA rules. VOTE: Ayes 5, nays 0. CITY ATTORNEY'S REPORT * Id. LICENSES Special Event Peimit 1. Applicant: LeeHarren Event: Wedding and live music for approximately 300 guests Location: 175 Landmark Drive Date: Saturday, July 30,2005 Time: 3:00-10:00 p.m. moved, McMillan seconded, to approve the above listed Uccnscs. VOTE: Ayes 5, nays 0. 17. BILLS White moved, McMillan seconded, to approve payment of the AU Funds Account. VOTE: Ayes 5, Nays 0. ADJOURNMENT Peterson sacondsd, adfonmlng the City Council Meeting of June 27,2005, at 10:45 pjn. VOTE: Ayes 5, Nays 0. ATTEST; Linda S. Vee, City Clerk Barbara Peterson, Mayor P^ 12 of 12 C3 3118 ■==!l r \j >! »_____ :/ 3097 3123 3117 7 ^31191 3125 1_________ 31^~ C' 1^3 O D-fcr—^ V cJ I / O AGENDA FOR COUNCIL MEETING SET FOR MONDAY, ,IUI A 11,2(»05, 7:0(» I’.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINM SO l A (*) Asterisk items are considered to be routine items to be enacted upon by one motion by the City Counc under the Consent Item* on the agenda. Memos regarding eacli of tlic Agenda items are availalile in the Public Packet - located on tlie counter near the sign in siieet. ROLL CALL PLEDGE OF ALLEGIANCE CONSENT AGENDA 1. Approve/Amend QPIIMOII .tf-rriMQ JUL i < ‘<^00S CITY Ut- OMUnO OATH OF OFFICE - Police Officer CImstopher Pharo APPROVAL OF MINUTES * 2. Regular Council Meeting of June 27,200S PARK COMMISSION COMMENTS - Michael Huddy, Representative PLANNING COMMISSION COMMENTS - Jim Leslie, RepresentaUve PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT 3. #05-3097 Hashem Abukhadra, 1745 Fox Street - Preliminary Plat Approval - Resolution 4. #05-3112 Loren and Stacey Schoenreit, 4480 Forest Lake Landing - Variance and Subdivision 5. #05-3113 Natural Envirorunents Corporation on behalf of Deimis and Amanda Walsh, 1354 Rest Point Circle - Conditional Use Pennit • 6. #05-3116 Mimietonka Power Squadron, 510 Big Island - Conditional Use Pennit - Resolution • 7. #05-3117 JelRcy Gustafson, 1310 Spruce Place - Variance - Resolution 8. #05-3118 Mark and Julie Parten, 1310 Vine Place - Variance - Resolution • 9. #05-3119 Ray Newkirk, 1489 Shoreline Drive - Conditional Use Pennit - Resolution * 10. #05-3122 Dan-Bar Homes, 1001 Wildhurst Trail - Variance Renewal - Resolution 11. #05-3123 Michael and Kristin Hart, 1005 Linden Lane - Variance - Resolution 12. #05-3125 Christine Valerius, 2377 Shady\vood Road - Conditional Use Pennit and Variance * 13. Joint Use Dock License - Big Island Inc. - Resolution MAYOR/COUNCIL REPORT PUBLIC SERVICE DIRECTOR’S REPORT CITY ADMINISTRATOR’S REPOR1' 14. Fill Vacant PT Police Oflicer Position - Resolution 15. Proposal from DSU for Planning Services CITY ATTORNEY’S REPORT * 16.1.ICENSES Gambling - Resolution Garbage Special Event • 17. BILLS UPCOMING ISSUES AND EVENTS 2005 07/11 - Council Meeting, Monday, 7:00 p.m 07/14 - Council Work Session, Thursday, 5:45 p.in. 07/18 - Planning Commission Meeting, Monday, 6:00 p.la. 07/25 - Council Meeting, Monday, 7:00 p.m. ttr. t. r* • rrm • ^ Date Appllntioa Received: 2-23-dS Date Applicatioa Coaiklered as Completf: 4-8-05 120-Day Review Period Eipirea: S-6-05 mccting JUL 1 1 2005 REQUEST FOR COUNCIL ACTION CITY OF OHONO Date: July?,200S Item No.: ^ Department Approval:Administrator Approval: Name: Janice OundlacH^ Tide: City Planner Agenda Section: Zoning Item Description: #05-3097, Hashem Abukhadra on behalf of Suad Azhari & Omar Abukhadra, 1745 Fox Street - Preliminary Plat - Resolution 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 List of Exhibits A - Resolution per City Council/Planning Commission Recommendations B - Draft Council Minutes of 6-27-05 C - Notice of Council Action dated 6-28-05 D - Council Memo and Exhibits of 6-23-05 AppOcMthn Summaiy: 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. At the last City Council meeting the following issues were discussed as part of the preliminary plat application: 1. Guesthouse, 2. Lot 6 as a back lot, 3. Elimination of existing accesses onto Fox Street, 4. Septic sites for proposed lot 6, and 5. Impacts of the Rural Oasis study. Based on the conclusions made with regard to the above issues and the Planning Commission endation made at the June PC meeting, staff was directed to draft a preliminary plat approval• jlllM J 11I4U r .J , Ybi A i resolution for review and adoption at the next City Council meeting. That resolution is attached to tiiis memo as Exhibit A. Staff RecommeBdation Adont the attached resolution. COUNCIL ACTION REQUESTED Adopt and/or amend the attached resolution approving the preliminary plat for 1 745 Fox Street ■ i'- *‘^|D|>';• .'M V' ‘ * -.y. ‘ »■ . . r i - • • L? ■ I- t* ■m y V.. •*! -------- A RESOLUTION GRANTING PRELIMINARY APPROVAL OF A CLASS 111 SUBDIVISION FOR PROPERTY LOCATED AT 1745 FOX STREET FILE NO. 05-3097 WHEREAS* Suad Azhari, owner, and Hashem Abukhadra, property trustee (hereinafter the “subdividers”) on February 23, 2005, filed a formal subdivision application with the City for approval of a six lot residential plat of property legally described as: That part of the Southeast Quarter of the Southeast Quarter of Section 3, Township 117 North, Range 23 West of the 5* Principal Meridian lying west of the East 546 feet therof. Also, the East Half of the Southwest Quarter of the Southeast Quarter of Section 3, Township 117 North, Range 23 West of the 5* Principal Meridian. Also, that part of Government Lot 1, Section 10, Township 117 North, Range 23 West of the 5* Principal Meridian which lies northwesterly of the Great Northern Railroad. Hennepin County, Minnesota (hereinafter **the property”); and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono’s Zoning and Subdivision Codes, the Orono Planning Commission held public hearings on April 18, 2005 and June 20, 2005, at which time all persons desiring to be heard concerning this application were given the of^rtunity to sp<^ thereon; and WHEREAS, at their regular meeting held on June 27, 2005, the Orono City Council considered the subdivision application of the subdivider noting the following findings of fact: 1.The property is located within the RR - IB One Family Rural Residential Zoning District requiring a minimum of 2 acres of contiguous dry buildable land within each newly created lot 2.The property contains a total of approximately 57.91 acres of land; 36.8 acres of which is delineated wetland. Page 1 of6 i 3. 4. 5. 6. 7. 8. 9. The proposed single family residential plat of 6 lots with a private roadway is in compliance with the 2000-2020 Orono Community Management Plan. The proposed plat consists of six residential lots served by a private roadway all meeting the minimum lot standard requirements of the RR - IB, One Family Rural Residential Zoning District with minimum 2 acre dry contiguous lot area requirements and 200* in defined width at the 929.4’ elevation and 75* required setback for lots abutting the 929.4* elevation and 200* of width at the right-of-way for lots not abutting a 929.4* elevation. An existing single family residence exists on proposed lot 6 and will remain as part of the final plat. Proposed lot 6, which contains a guest house that will remain, is accommodated appropriately as proposed lot 6 contains 5.06 dry contiguous acres, which is double the 2 acre minimum of the zoning district. The private roadway proposed meets the minimum requirements of 50* of dedicated roadway with a 100* diameter cul-de-sac and will serve all six lots within the plat All lots will be served with septic systems and private wells. The septic sites proposed meet the required 75* setback from Tanagcr Lake and proposed home sites meet the required 100* setback from Taiuiger lidie, which is a Recreational [development (RD) lake as classified in the Shoreland Overlay District. NOW, THEREFORE, BE IT RESOLVED, that based upon one or more of the findings noted above, the City Council of the City of Orono hereby approves the preliminary plat application of Hashem Abukhadra at 1745 Fox Street per preliminary plat drawings by Mark Gronberg of Gronberg & Associates, Inc., dated January 29, 2004 and revised May 4,2005, subject to the following conditions: Page 2 of 6 m ' . ,: '!.i ■ , " •< :'i 5 .;i '! ■ :• • ■'.. •••'•.L' y. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. The developer shall grant to the City 10 foot drainage and utility easements along perimeter property boundaries and 5 foot drainage and utility easements along all interior property boundaries. Payment of standard Park Dedication Fee for Lots I -5. Pa3mient of standard storm water and drainage trunk fee for the entire property. No land alterations shall take place until erosion control is established and the City Engineer has approv^ all final improvement plans. No building permits will be issues until all drainage facilities, improvements, and satisfactory road base (base layer and initial lift of bituminous) have been installed. The two existing accesses onto Fox Street (existing main house driveway at west end of site and guest house driveway) shall be eliminated at the time the base layer and initial lift of bituminous are completed for the proposed private roadway. The paved portion of the private road shall be 24* with a 50* diameter cul-de-sac. Front and street yard setback variances shall be granted to allow the guest house to remain in its current location until the time the main house is demolished and/or the lot is redeveloped. The driveway off Fox Street serving the guest house shall be removed in accordance with condition #4 above, and re-routed to access only the main house driveway. Proposed lot 6 shall be consideied a back-lot for zoning purposes requiring 150% of the zoning district setback requirements. The bluff depiction on the plans dated January 29, 2004 and revised May 4,2005 is incorrect and shall not be used in determining the required bluff setbacks for new construction on lot 6. The location of the existing house is grandfathered in. Installation of a conforming 7-bcdroom septic system serving the main house and the guest house shall be completed within 1 year of the filing of Page 3 of 6 the final plat, as the existing systems serving those buildings are non- compliant. 11. The subdivider shall implement all currently provided (memo dated May 26,2005) or forthcoming recommendations of the City Engineer regarding grading, drainage, stormwater management and site improvements. 12. The developer shall comply with all requirements of the Minnehaha Creek Watershed District. 13.Subdivider is hereby advised that preliminary subdivision approval will expire within one year of the date of City Council approval (July II, 2006). Should the subdivider fail to complete the filing of the final plat application within the year deadline, it shall be necessary for the subdivider to file a new preliminary subdivision application with the City. I^inal Plat Submittals: The following list of final submittals must be submitted to tlie Zoning Administrator two weeks prior to the regularly scheduled City Council meeting on the second and fourth Mondays of the month. These submittals are as follows: 1.Record plat drawings in the form of two (2) mylar copies (one copy for the City's records and one for filing with Hennepin County) and one ^I) copy reduced to 1” » 200*. Drawings to include: a. Lot lines platted per prelimiiury survey by Mark Gronberg of Oronberg & Associates, Inc., dated January 29,2004 and revised May 5,2004. b. Dedication of drainage and utility easements 10’ wide along the exterior boundaries of property and 5* along the internal lot lines. c. The naming of plat. 2. Legal documents required: iU i , ..V 'rf’ Page 4 of 6 1 3. 4. a. Title opinion addressed to the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. b. The applicant must provide certified copies of all recorded easements currently affecting the property. c. Signed and executed Developer’s Agreement and letter of credit required for site improvements. d. Signed and executed Drainage Easements to be taken over drainage way and detention areas within plat. Fees to be paid: Total due: S64»683JO **■ Park Fee a. Final plat fee = $250.00 b. Legal review and filing fees for subdivison and associated documents » $280.00 c. *Park Dedication Fee: amount shall be determined as soon as City Assessor has placed a fair maiiet value on the undeveloped land at the time of preliminary plat ai^roval. The subdivider shall be advised as soon as Assessor’s report hu been filed with City. d. Storm Water and Drainage Trunk Fee = $64,153.20 [23.16 acres x ($2,770.00/acre)] Stormwater plan approval/permit Ixom the Minnehaha Creek Watershed District. Page5of6 1 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 11” day of July, 200S. ATTEST: Linda S. Vee, City Clerk Barbara Peterson, Mayor STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of j 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of 2005 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota m^cipal corporatitm and said instrument was executed on behalf of the City. Notary Public Page 6 of 6 MINUTES OF THE ORONO CITY COUNCIL MEETINO Monday, June 27,2005 7:00 o'clock p.m. S. #05*3097 Haiheiii Abakhadra, 1745 Fox Street - Subdivbion Oundlach explained that the applicant was 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. The Planning Commission set forth S stipulations for discussion by the Council with the applicant which included: 1. Guest House - The Planning Commission recommended that the guest house be allowed to remain until after the time the existing main house is demolished and the lot is redeveloped. Gundlach noted that if lot 6 is considered a back*lot, a front yard and side yard setback variance will need to be granted in order for it to remain in its current location, and city policy has been that at the time of platting, all existing non-conformancies must be eliminated. 2. lx>t 6 as a back*lot - In order 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; therefore, the lot and existing house meets the 1 SOS setback requirements. 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 bouse; whereas, staff and the Planning Commission have recommended that it and the existing driveway access to the western end be eliminated at the time the new road is completed. 4. Septic Sites for proposed Lot 6: Lot 6 contains the main house and guest house - Since the existing septic sites are no* adequate and non-compliant the applicants should be directed to submit a design for 2,7-bedroom sites, which would require a variance from the Septic Code. S. Rural Oasis Study - Gundlach encouraged the Council to consider whether this property should or could be required to undergo additional planning steps prior to final plat based on preliminary conclusions of the Rural Oasis study. Pite5of 17 —---- MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 27,2005 7:00 o’clock p.m. McMillan asked whether the parcel contained enough acreage to support the main house and guest house. Gundlach acknowledged it did. With regard to the Rural Oasis study, Murphy asked whether the City might like to see swales as opposed to curb and gutter in this development Mark Oronbetg, Gronberg ft Associates, stated that the engineer had encouraged them to direct the storm water to the NURP pond via buffer strips, and various treatment methods. He indicated that engineering swales would cost them this entire construction season, as well as, be difficult to accomplish due to the grades near Fox Street. Murphy maintained that the City had been studying alternatives to curb and gutter over the past year, and that he would prefer the construction process be slowed in order to allow the applicant adequate time to consider other treatment methods. Gronberg pointed out that curb and gutter would only impact 8 acres, while an additional 13 acres would be treated in other ways. In addition, Gronberg indicated that by using retaining walls near the curb and gutter, they avoid losing numerous mature trees that would be lost to swales. Sansevere cautioned the Council that what is decided in this instance might be precedent setting and questioned what has been discussed with regard to the Rural Oasis study and how it could be implemented. Moorse pointed out that what has been discussed with regard to the Rural Oasis Study must be incorporated into the Comprehensive Plan and put into Ordinance form before the Council can enforce its vision. Sansevere urged thu and other developers to incorporate the Council’s sentiments with regard to the Rural Oasis study into their developments until which time they are put into Ordinance fomi. Murfdiy stated that this is a marvelous piece of ground, which he feared might be lost to development; therefore, he wished to be as protective and conservative as possible. T* Page 6 of 17 1 A iS MINUTES OFTHE ORONO CITY COUNCIL MEETING Monday, June 27,2005 7:00 o’clock p.m. Anus Abukhadra, applicant, stated that his family also wished to preserve as much of the land as possible, but need 6 lots within the property to accommodate 6 family members. White stided that he was more concerned by the loss of the dramatic views caused by reshaping the land than curb and gutter. Bruce Vang, Orono Building Inspector, asked whether the guest house required additional acreage as a back-lot. Oaffion pointed out that if the guest house acreage requirements and 150% back-lot requirement were cumulative, the guest house requires 6 acres to support it; whereas, the dry buildable is closer to 5.2 dry buildable acres. Mayor Peterson asked if the Council could allow the applicant to subdivide to build one house, then delay the rest of the construction until the applicant has gone thru the process with the MCWD to consider other alternatives to curb and gutter. Oronberg reiterated that, due to certain slopes, they may still need curb and gutter to retain the hillside in some areas. McMillan stated that she feared more land disruption might occur due to natural erosion if the applicant did not install curb and gutter in this instance. Tom Brown, 760 South Brown Road, stated that his issues pertain to the closure and regrading of Fox Street. He questioned why the new access road could not be moved back where the existing pond is in an effort to oreserve this beautiful parcel. He asked why an environmental study had not been performed. Mayor Peterson pointed out that the size of the property allows the applicant to subdivide the parcel into 6 lots. Oronberg reiterated that the setbacks to the pond, as well as, the septic sites all play into where the lots and road must be placed. As proposed, the sight lines for the road will be improved. Jurgens interjected that the Planning Commision made a recommendation that there be one driveway access for all Page 7 of 17 i iiiilaairaaaste~-J»^rT"^ 0 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 27,2005 7:00 o’clock p.m. 6 homes onto Fox Street; whereas, the rationale for the guest house to remain became part of the bargaining process. McMillan stated that she agreed with everything except the allowance for the guest house. Attorn^ Barrett reminded the Council that statute and ords<'::nce requires that a hardship exist to allow the guest house to remain. Gaflh>n stated that a variance would be necessary, since as a back-lot, the guest house needs to be setback 75*. He pointed out that the need to create six lots was the basis for the hardship. stated that be was unable to see how a hardship created by the applicant could be considered a hardship. Oronberg stated that in order to eliminate the second access from Fox Sheet, the applicant was forced to create the back-lot scenario. Attomey Barrett explained that a hardship must be derN-jd from the land, though he could see where moving the road due to problems with the land and the need to delineate septic sites could be articulated into a hardship. Oronberg concurred, adding that avoiding the second access ofTFox Street created an additional hardship. Mayor Peterson asked whether Council members were comfortable with the hardship as articulated by Attomey Barrett, that the guest house be allowed to remain acknowledging the removal of the main house is not imminent Gaffiron questioned in 20 years when the time came to rebuild the guest house, whether this agreement, though put in the chain of title, might be forgotten. He referred to staffs original recommendation duU the guest house be removed. Murphy niovcd« While seconded, that the guest house be rcMovcd if lot 6 is to be considered a bach-lot VOTE: Ayes 2, Nays 3, Sanevere, Mayor Peterson, and McMillan dissenting. A K Page! of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 27,2005 7:00 o’clock p.m. McMiltaa Moved, SoMcvere Mcoadod, that the guest house be allowed to remain until such time that It Is redeveloped based on eilstlag hardshlpe due to septic sites, back-lot scenario and the topography of the site. VOTE: Ayes 3, Nays 2, White and Murphy dissenting dne to the lack of hardship. McMillan moved. White seconded, that Lot 6 be considered a back-lot, with the elimination of the Fox Street access for safety reasons. VOTE: Ayes 5, Nays 0. WHh regard to the septic sites, Gaffron pointed out that the first septic site must be built now to serve the main and guest houses, before final plat approval. Murphy moved. White seconded, that the City CouncU accepts the premise that two 7-bcdroom septic monnd systems are saflkieat with one to be built within one year, and a second site to be preserved for Ihtursnse. VOTE: AyesS,Nays0. White moved, and then withdrew a motion to require the applicant to complete a tree survey, as no policy is in place to demand this of an applicant, thus unfair in this situation. ¥ Abukhadra suited that his family wishes to preserve as many trees as possible, though removal of some trees is necessary. McMillan questioned how the lakeshoie or shoreland overlay might impact fUture access via docks etc. Abukhadra stated that there is one dock at the peninsula of the property currently. Though difficult to define, Gaffron pointed out that, since the property is at the 929.4 elevation, it is within the Lake Minnetonka boundary, and should therefore be subject to lakeshoie setbacks of 75’ from the shoreline. He asked whether Council would accept a dock. McMillan stated that she folt preservation of the lakeshore was essential; therefore, a 75’ setback was important with the allowance of a small dock at the peninsula, though no canopies. , Pa^9of 17 CITYOrORONO 27S0 Kdlcy Parkway P.O. Boi 66 Crystal Bay, MN SS323 (9S2) 249-4600 m TO: Hashem Abukhadra 174S Fox Street Wayzata, MN 5S391 ZONING FILE: #05-3097 NOTICE OF COUNCIL ACTION DATE OF NOTICE: June 28.2005 COPIES:Gronberg & Associates Mark Gronberg 445 N Willow Drive Long Lake, MN 55356 TWE OF APPLICATION: Preliminary Plat DATE OF MEETING: June 27.2005 VOTE:5 FOR 0 AGAINST MotioB: To direct staff to draft a resolution ^qtroving the preliminary plat and including 1. Granting of setback variances to permit the guest house to remain in its current location, however at the time the main house is demolished and the lot is redeveloped, the guest house shall be eliminated. 2. The existing accesses onto Fox Street shall be eliminated at the time the new road is constructed (this includes the most western access and the guest house access onto Fox Street). 3. Proposed Lot 6 shall be considered a back-lot for zoning purposes. 4. The septic sites for the existing guest house and main house shall be brought into compliance within one year of final plat approval. 5. Two, seven bedroom septic sites shall be provided for proposed lot 6 to accommodate the existing guest house and main house. Applicant’s next scheduled meeting is confirmed as: City Council - Monday, July 11,2005; meeting starts at 7:00 p.m. If you desire certified copies of the official Council minutes, they are available from the City Clok after review and qtproval by the City Council. r - - ■• ^ 1 ■ I Date AppUcstloH Received: 2-23-05 Date Applicatioa CoasMcred as Coropkic: 4-8-05 120-Day Review Period Eiplrcs: 8-6-05 REQUEST FOR COUNCIL ACTION Date: June 23,2005 Item No. Department Approval:Administrator Approval: Name: Janice Gundlach^ Title: City Planner Agenda Section: 2^ning Item Description: #05-3097, Hashem Abukhadra on behalf of Suad Azhari & Omar Abukhadia, 1745 Fox Street - Preliminarv 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 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 AppIleatioH 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. Planning Commission Recommendation The Planning Commission reviewed this application initially at their April 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. ■ulyLi 4. Front and side street setback variances will be granted to allow the guest house to remain in its current location until tht t.^ne 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 Recommendation Staff’s recommendation is noted above, stipulations #\ - #5. Tlie Council may want to discuss the issues noted below and direct staff to draff a preliminary plat resolution accordingly: 1M I. 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 Lot 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 150% 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: Hie 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, which 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. The applicants have proposed two, 5-bedroom sites instead of four. The previous septic inspector suggested that two, 7-bedroom sites be found, i^ich would accommodate the 2-bedroom guest house in the same system that serves V: : .'V ¥: h 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 Oasis 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. :* 't . : •••: ■ < V;- ‘T-’-'v - . ■ .>v : . i- ..' ■ ,.v5 ■•v/ % • ^ ‘ •: . . f-».. . : -is-*ft ; - ■ : . ■ . • I • : V**, T’-.y 1 r I iimi \ • OTYOFORONO 2750 Kelley Parkway P.O. Box M Ciyital Bay, MN 55323 (952) 249-4600 ZONING FILE: 05-3097 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: June 21,2005 TO: Hashem Abukhadni 1745 Fox Street Wayzata, MN 55391 COPIES:Gronberg & Associates Mark Gronberg 445 N Willow Drive Long Uke, MN 55356 TWE OF APPLICATION.........Pj®*. DATE OF MEETING: June 20,2005 Planning Coniniiaiion recommended as follows: To l^)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. Pnqxned 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 ^low 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 ^e letter dated May 26,2005 VOTE:FOB AGAINST Applicant’s next scheduled meeting is confirmed as: City 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 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. ? NOS-3097 Janc20.200S Page 1 of 4 Date AppUcatioB Received: 2-23^ Date AppUcaikm Couidered u Cooiplele: 4*94)5 120-Day Review Period Eipires: 8-6^ To:Chair Rahn and Planning Commission Members Ron Moorse, City Administrator From: Date: Janice Gundlach, City Planner June 16,2005 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 AppIkalUm 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 >^ch leads to Tanager Lake and eventually Lake Minnetonka, placing the property in the Shoreland Overlay District. One house and guest house currently exist on Ae nroperty. SUfff Racommemtatha: Staff recommends approval 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 final 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 E)(hibit H - City Engineer Letter dat^ 5-26-05 Exhibit I - Memo from Septic Inspector dated 6-13-05 Exhibit J - PC Memo and Exhibits of 4-14-05 ^ -— MS-3097 Jhiic20.200S Page 2 of4 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, Iwwever mostly minor and can be handled at the time final drawings are prepared. Issues for Dbeusaion 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 impacted 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 jjropo^ 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, vdtich 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 renuiin until the time the main house is demolished. Staff recommends the Planning Commission discuss whether the variances for the guest house should be permitted under new development, and make a recommendation to the City Council. 3. Lot 6 as a back lot: Proposed lot 6 works as a back lot, technically, with the acreage being 150% of die required area of the zoning district and a driveway oudot measured 30* in width. With the back lot regulations, the existing house meets the required 1 50% setbacks. Staff recommends that this lot be documented as a back lot in the preliminary and final plat resolutions and that it*s only acce.ss should be from the 30* platted outlot. tl * W5-J097 Jmm 20,2005 Page3or4 4. Proposed public road improvements: In order to meet sight distanee 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 the 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 preliminary plat apprwal recommendation 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. Tlie 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 applicants will either have to find two additional septic sites, or expand the existing five bedroom sites to 7 bedroom sites to accommodate 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 study: Staff feels the City Council should determine what, if anything, the applicant should be required to complete to meet the goals of the ru^ oasis study. 8. Account for "ditch wetlands" on proposed Lot 5: At the last Planning Commission meeting the applicants 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. TYail Easement: The Park Commission has determined they will not seek a trail easement. 10. Blt^: 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-con fomiing 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. r W05-J097 Jnm20,200S Pafi4of4 Staff RtcoMMcndatioii Staff recommends approval 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. Pn^wsed lot 6 be considered a back-lot for zoning puqx>ses, 3. The top of bluff and 30* setback be corrected on final plat plans, and 4. Revised 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 whether the existing guest house should be allowed to remain. * -ir ■-k :v:. : v: '- A- ■ • - ■■ ri■ -■ r - ...sSI ' ■ . i,- A v V - - .... --i.- r •^r •? '■•' t* * 'I V, ' * ■ ' '\ :^i' ' • t s • •rZ'* ''-‘v* PRBLIMIMARY GRADING, DRAINAGE. ROAD PLAN * PROFILE FOR SUAD AZHARI Sc OMAR ABUKHADRA IN SECTIONS 3 k 10-117-23 EXHIBIT B Ua _ ,1.^'ai Ik !«»<<«-iiM EXHIBIT C EXHIBIT D CITYOFORONO ZONING FILE: 05-3097 2750 Kelky Parkway P.O. Box 66 NOTICE OF PLANNING COMMISSION ACTION CryiCal Ba^. MN 55323 (952) 249^600 DATE OF NOTICE: April 19,2005 TO: Hashem Abukhadre COPIES: Mark Gronberg 1745 Fox Street Gronberg & Associates Orono, MN 55391 445 N Willow Drive Long Lake, MN 55356■F .....................-................................XXI?®PJ[apflicato ^.............................................................. DATE OF MEETING: April 18.2005 Plaaatog Conmlssioa recommended at follows: A motion was made to table the application to allow for a full engineering and sq>tic ' review. The application will he h«urd again at the May 16,2005 Planning Commission meeting. ■' ■ VOTE: 7 FOR 0 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, 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. -_--—>» ! • 4 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Moaday« April 18,2005 6:00 o*dock p.m. EXHIBIT £ (005-3091 Catherine S'allaa, Continned) Kempf commented he does empathize with the neighbors but that privacy is an issue that 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 wary of reducing the 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 moved, WInkey seconded, to recommend approval of Application #05-3091, Catherine Sallas, 3635 North Shore Drive, granting of an after-the-fact variance to allow the upper deck to remain, ■nbjcct to the lower level deck being moved out of the average lakesbore setback by reducing hardcover in that area by 150 sqnare feet VOTE: Ayes 4, Nays 3; Fritzler, Jurgens, and Kempf were opposed. Gaffion noted this application would appear before the Council on May 9th. 7. #05-3097 HASHEM ABUKHADRA, 1745 FOX STREET - SUBDIVISION, 6:59 P.M. - 7:38 P.M. 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 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 guesthouse currently exist on the property. The applicant is proposing a NURP pond near the proposed road on Lot 2, with all 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 il MINUTES OF THE ORONO PLANNING COMMISSION MEETING Moadayt April 18, ZOOS 6:00 o’clock p.m. (MI5-3097 HuKcm Abakhadra, Continued) 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 has 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, rather than the current plan that only treats eight acres. 3.Should the ditch wetlands noted in Lot S be deducted for the tot area based on the wetland ordinance currently awaiting adoption and wliat if that eliminates Lot 5? 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 comer 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 necessaiy for the proposed road? Should these walls be located within the right-of-way, on the property line, or within Lots I and 4? Should a 10-foot trail easement be dedicated? Staff recommends this application be tabled to allow for an engineering and septic review. Gronberg stated on Lot 5 the east lot line was originally jogged due to the wetlands and that based on discussions with Gafihm, 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 the 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 stated the guesthouse was constructed approximately 60 to 70 years ago and has recently been renovated. PAGE 11 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, April 18,2005 6:00 o’clock p.m. (005-3097 Hashem Abnkhadra, Continued) Gronbcfg stated the retaining walls are being proposed to minimize the amount of grading necessaiy and to preserve trees and is a necessaiy 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 3S-mile an hour speed analysis was done. Gronberg noted Fox Street is an older road and does not have some of the vertical curves 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 diy acres but there is a total of approximately S8 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 t i; ■ MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, April 18,2005 6:00 o’clock p.m. (005*3097 Hashem Abakbadra, Continued) Oaflron stated this issue was discussed with Gronberg. Gafiron 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. Gaffron stated under the old ordinance some « those wetland delineations would be allowed as dry buildable. Gaffron 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 diy 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. Gaffron 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. Gaffron 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 net under a moratorium for development but just a moratorium relating to wetlands. Kempf commented in his opinion it would be beneflcial 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 are planning to leave the property pretty much as is and are not planning on constructing any houses in 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 ^itional 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. iAk >i -PAGE 13 n JLmJLA r MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, April IS, 2005 6:00 o’clock p.m. (005-3097 Haabem Abukhadra, Continned) Leslie stated the guesthouse would be closer to the front property line than the main residence, which would requite another variance. Gundlach stated she is unsure whether guesthouses are treated the same as accessory structures. Gaflron stated to his recollection the code does not specifically pddrr<:s 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 is another vray to configure the driveway without making an outlot. 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 some access and visibility issues with Fox Street. Rahn stated 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 5. 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 unnecessary access onto Fox and that they could utilize the new roadway. Leslie stated if this land is developed, that access 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 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, April 18,2005 6:00 o’clock p.m. (005-3007 Hashcm Abnldiadni, Continued) Gundiach noted Exhibit C depicts the location of the retaining walls. Rahn indicated he would prefer to see the engineer’s comments on that item. Rahn inquired whether the 10-foot trail easement should be required. Oronberg stated in his view the trail would work better within the existing right-of-way and noted there are a number 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 die 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 that he would prefer the current access remain. Abukhadra stated it would be difficult to construct another access to the guesthouse. Gundiach suggested that issue be dealt with at the time the engineer’s comments are received. Bremer moved, Fritakr seconded, to table Application #05-3097, Hashem Abukbadra, 1745 Fox Street, to the May Planning Commiasion me^ng. VOTE: Ayes 7, Nays 0. (Recess taken at 7:38 p.m. - 7:45 p.m.) 8. #05-3099 MARY AND MARNIX GUILLAUME, 3060 NORTH SHORE DRIVE - VARIANCE, 7:38 P.M. - 8:03 P.M. Mary and Mamix Guillaume, Applicants, were present. Gundiach 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. Gundiach stated a hardcover variance is needed for the 0-7S ’ zone to permit 12.7 percent hardloover when 0 percent is normally allowed and 14 percent currently exists; a lake setback variance to permit a lake setback of S8’ (deck) when 7S ’ is normally required and a 4 1’ setback currently PAGE 15 ' -d- 4 tflt Bonestroo MM Rosene AfKtertik& |\|| Associates EnglfiMf s 4 AixhItecU April 29.200S 2335 \West Highway 36 • St. Paul. MN 55113 Office. 651-636-4600 • Fax: 65I-636-I3II wwwixinestroo.com EXHIBIT F Ms. Janice Gundlach Planner CityofOrono Post Oflice Box 66 Ciystal Bay, MN S5323 ^AY •s» ClTYo,ms A/0 Re:1745 Fox Street File No. 0001 39-051 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 proposed pond needs to meet NURP standards. • Because the improvements will disturb more than one acre the flnal 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. The plans should be revised to show the existing street grades and include existing vertical curve information so we can further analyze the necessity of any improvements to Fox Street. If you have any questions please call me at (651) 604-4863. Yours very truly. BONESTROO. ROSENE. ANDERLIK A ASSOCIATES. INC. Tom Kellou5-^ Cc: Oreg Gappa, City of Orono St. Paul. St. Cloud. Rochester. MN • Milwaukee. Wl • Chicago. IL \ AfflriMiJwB AciiofVMMal OppofUtlty Kwiil»yr imyto y Owiwtf EXHIBIT G V- W. DUNCAN Mac Millan 1SB «AST LAK« aTRBBT WAVZATA, MINNESOTA SB391 May 9,2005 City of Orono P.O. Box 66 Crystal Bay, MN SS323 Dear Ladies and Gentlemen, My wife, Nivin, and I are residents at 1820 Fox Street in Orono. Our property is adjacent to my family’s property (1700 Fox Street) where I liv^ since the early *30s. We recently received notification of the proposed plat submitted by Suad H. Azhui 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 attrition 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. Sevei^ years ago, we agreed that our driveway was dangerous so we mpved it east to the top of the hill for safety. In connection with the Azhari plat, we strongly urge that the driveway for the development be placed as fin 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 hrom 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 /v helpful. 4 Sincerely, Duncan MacMillan WDM/tnm may cry op ^^0/Vo l/ m Bonestroo Rosene Ancterfi(& |\|| Associates Engintcrs & ArcNiacts May 26.200S 2335 West Highway 36 • St. Paul. MN 55»3 Office: 651-636-4600 • Fax: 65I-636-I3II wwwJJooestroo.com EXHIBIT H Mt. Janice Oundlach Planner CttyofOrono Post Office Box 66 Ciyatal Bay. MN 5S323 Re:1743 Fox Street File No. OOOI39-OSOO(M) Plat No. 03-3097 Dear Janice: We have reviewed the site plara and preliminary plat dated 3-4-03 for the proposed improvements to 1743 Fox Street The plans propoae to subdivide an existing single family lot into a six lot single family subdivision. The existing lot is 37.91 acresofwhkh2l.ll acres are dry. We have the following comments with regards to engineering matters: The plat should provide drainage and utility easements 3-feet wide along all interior lot lines and 10-feet wide along all rights-of-way. Drainage easements should be provided over all ponding areas, wetlands and drainage ways. Please see the attached drainage and ponding coimnents 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 walla 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 beighL 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 bouse 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 proposed improvem e nts to Fox Street include lengthening the existing vertical curve from 130-feet to 300- fbei The existing 130-fbot vertical curve on Fox Street does not meet the sight distance requirements for a 30 mph design speed. The propoeed improvements to Fox Street will improve the sight distaiKe and will meet the 30 mph design standard. FiiMl plans for the Fox Street improvements should include a more detailed design iiKhidirig cross sections at 30-foot intervals and a proposed pavement section. Final plaiM should include a detailed traffic control and detour plan. If you have any questions please call me at (631) 604-4863. Your very truly. BONESTROO. ROSENE. ANDERLIK & ASSOCIATES. INC. Tom Kellogg Attachment Cc: Greg Gappa. City of Orono St. Paul. St. Cloud. Rochester, m* • Milwaukee. Wl • Chicago. IL AWIriMU** OSMftywWy tmtugtrn OWMtf Memo >i'' .i Bonestroo Bofcne AnderfikA Asfoctoces Cwflwtfi A A«cMi*r|( Pn^^etManm: 1745 Fox Street Client CityofOrono To: Tom Kellogg File No: 139-05-000 From; Lance Hoff Date: 5-19-05 Ne: Drainage Review Developer: Sued Azhari & Omar Abukhadra Engineer Gronberg & Associates, Inc., Long Lake Submittal: Drainage Calculations, Rational Storm 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) inclur*' '* the FES discharging to the pond. 3. Outflow velocities from the FES discharging to the pond and at the pond outlet should not exceed 5 ff>s 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 porul 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 cfs to 0.0 cfe 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 OonMtne, Rocwm, AmHwMk mtf AMoctolts, Inc.www.bon0atroo.com om Mans IWIM 0 IWf» mm wmim far SBI IVJWD OOTMfOMrt: mMtSMStV tMta.Mimi fm (iSLOoHiOiaR SLCkMLMNSBIil nm UBAi m) r«c3»2SI<2V l«0 tMM MMMi m S» HS CrafAba.! iOUO RW Ml MB47I4mwimmm mn. I Memo ■ontsiroo AndHMi4 Atfodtfcs AfCMMOf 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 of berm elevation should be no less that 1* above the 100-yr HWL or the EOF elevation, whichever is greater. I I'.i.j'.r ■' ; v ;'Mm BOMSlrDO, Aomm, >lndWMkam/4uoeltfM, <ne. -jia*imuQ □ Fs«i4»int emnm amiSMSw Mv. Misti nmmmiHwa fmmtwmrn OStCMOMBa: 1771 SMS SftCMIMStSI mm atTsi Ml fKiMitai mmm nMMISS4794rMMfsstsi • If: • : :l« i* • • K««K<*:*:*;K*:*:*:*ar*vlv3 EXHIBIT I Junel3.2005 Tot Whom it may concern: ^ From Willie Oibbs, Onsite Septic System Manager Re: 174S Fox Street, Proposed SkAbdivision 1 am in receipt of the most recent changes to the septic system designs by Rusty Olson’s Soil and Perc. Testing. The items 1 addrnued in my May P’T 2005 to Mr. Olson have been addressed except for the man-m^e pond and subsequent potential flooding problems. Those issues ^vere answered by Marie Oronb^ of Oronberg Surveying. I have been assured that all runoff from the proposed road will be directed to the NERP pond to be constructed. I am satisfied with the responses and the corrections that have been made. Mr. Olson needs to complete the percolation tests before final designs are done, but I don’t foresee this as being a problem. iT wmm ‘-r , .* % “V ' * .4- ■■ ■ I ' n ^' i.; MS-3097 April IS, 200S Page I of6 Date Application Received: 2-23>0S Date Application Conaidered aa Complete: 4>8-0S 120-Day Review Period Eipircs: 8-6415 To:Chair Rahn and Planning Commission Members Ron Moorse, City Administrator From: Janice Gundlach, City Planne^^ 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 - 1 B, One Family Rural Residential District (2 acre mininvum) 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 AppHcatUm Summary: The applicaiil 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._____________________________________ Sttiff Reeommemdatiotr: Staff recommends tabling the application to allow for an engineeiing 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 - Road Detail Exhibit D - Wetland Delineation Excerpts Exhibit E - Drainage Area Map for Proposed NURP Pond Exhibit F - Lot I Grading Detail and Hardcover Analysis Exhibit G - Lot 2 Grading Detail and Hardcover Analysis Exhibit H - Lot 3 Grading Detail and Hardcover Analysis Exhibit I - 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 J WS-3097 April 18,2005 Page 2 of 0 PRELIMINARY PLAT REVIEW Conformity with 2000-2020 Orono Community Manigement 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. Rcbtionship to Surrounding Development This property abuts and lies within Long Lake Creek which runs from 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 with Zoning District Lot Requirements The property is in the RR - IB, One Family Rural Residential District, which allows for single family residential uses with 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 ^ 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 Lot Area (in acres) RR-JB Required LOT 1 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 Width RR-JB Required LOTI LOT 2 LOT 3 LOT 4 LOTS LOT 6 Lot Width*200 ’1400 ’±1380 ’±410 ’±00202’ Back-Lot (30’ outlot for access) I.akeshore or Non- Lakeshore? N/A Lakeshore Lakeshore Lakeshore Non- Lakeshore Non- Lakeshore Lakeshore width is measured at the proposed private road frontage. Lot 6 is being developed as a back-lot accessible from a 30’ platted outlot Just south of lot S. Although fronting or lykaMiaiU * I «0S-3097 April 18,2005 Page 3 of6 Street, the lot will be subject to the back-lot standards as an additional Fox Street access solely for this lot would not be permitted. All proposed lots appear to meet the minimum standards for lot area and width established by the RR - 1B zoning district. It should be noted however, that lot S shows wetlands labeled as “ditch wetlands ”. The area of these wetlands has not been deducted from the 2.0S lot area proposed. The City is currently und' r 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 1-5 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 and Standards The proposed 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 ths wall on lot 4 reaches 6* in height. All retaining walls exceeding 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 conunents 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 ito 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 Euement 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 fu.ture 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. M)5-3097 April 18.200S Page 4 of 6 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 LotsX $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. Koad inprovements and/or Easements Needed Th^ City will require a Road, Drainage and Utilities Easement over the private road, which should be platted as an outlot. 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 NltRP pond near the proposed road on lot 2. While the City Engineer has not provided formal 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 assum^ 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 LocatioBs and Availability The property would be served by sqitic systems and private wells. All septic systems must be loaded 100’ from the 929.4 elevation, 20’ from all property boundaries, 10’ from structures, aiKi 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. Lakeshore 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 devation, 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 Miimetonka and Long Lake Creek, all A W5-5097 April 18,2005 Page 5 of 6 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 hardcover 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 1-5 and hardcover calculations for lot 6 (existing home). It appears that these lots will have adequate hardcover to accommodate potentially large homes. Wctlaads on Site and/or Impacted The only apparent non-lakeshoie 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 Flowage 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 Watmhed 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 thi^ 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 wood^ with a variety of tree species. Orono does not have a tree preservation ordinance other than within the 0-75* lakeshore setback zone, where clea;- 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 order to verify this. r V?,'-.: • ^ w MS-3097 April 18.2005 PsKeOofO T Issues for DbciutkHi 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 tl'ough the formal Comprehensive Plan Amendment hasn ’t been adcqited? 2. Shmild 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 S be deducted for the lot area based on die wetland ordinance currently awaiting adoption? What if that r'.iminates 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 outlot even if lot 1 isn’t developed? Prior to filing of the plat? 6. Is die 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 fix the proposed road? Should these walls be located within the right-of-way, on the property line, or widiin lots 1 and 4? 8. Should a 10’ trail easement be dedicated? 9. Are there any other issues or concerns with this application? Samauuy Table to allow for a full engineering and septic review as well as Planning Commission recommendations regarding the questions noted above in the Issues for Consideration section of this report This item will also be forwarded to the Park Commission for comment City of Orono Subdivision Appiication EXHIBIT A street Address: 2750 Kelley Parkway Orono. MN 55356 Amount Paid: _z W- Ul'Ml1 i Fee: Renewal: Main: 952-249-4600 fax: 952-249-4616 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 This application form must be completed in full. PROPERTY INFORMATION: Site Address: /7YJ ’ rrjiffr Property Identification Number (PIN): - Htt -aooi /j /a^/n-Z3-//~ae>o/ (Attach legal description to application if not included on the survey.) Date Property Acquired (month/year): _______Hi. Abstract or □ Torrens, please check one Present use of property: ^Residential □ Other ________________________________ Zoning District: ____________________ APPLICANT INFORMATION: (Complete legal names and marital status required for each interested party) ^ Name: Phone (home): Koi -opoo Address: ■s.-r:e€€=r Email: Phone (work): fn^ 2.4 c~ M.AJ <r:S~3^ ( Fax: OWNER INFORMATION: (Complete legal names and marital status required for each interested party) Name: Phone (home): Address: __ Email: Phone (work): Fax: EXISTING LAND USE: Number of Tax Parcels: Development Size;2/. // Acres Dry Land s Acres Wet Land r?. Acres TOTAL, all parcels Present Use (check one) Present Zoning District "XL Residential: Number of Units: ^ □ Other. (Specify) __________ _______________ Proposal: □ Division for Tax Purposes □ Lot Line Rearrangement Only (no new building sites) "jBC Subdivision for New Building Sites Number of Building Sites I- Proposed Gross Density Minimum Lot Size Proposed Use (check) Existing Units New Units Total Units Units per .T7.9/ Acres Square Feet Dry Buildabie Land .SC Residential □ Other (specify) -10- . iL (> ■■ I f - •' * i V '............. /! ^ ' MINIMUM MATERIAL REQUIRED FOR COMPLETE PRELIMINARY APPLICATION 1. Payment of fees (refer to "appllcatJon fees" listed below). N 2. Completed application form. 3. Preliminary plat information on Certificate of Survey. ^ Certified Property Owners List of owners within 350* (you must obtain this list from Hennepin County Depc«rtment of Finance, Government Center, A-603 300 South 6"* Street, Minneapolis, telephone 612-348-5910). g As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. MINIMUM MATERIAL REQUIRED FOR COMPLETE FINAL APPLICATION 1. Payment of foes (refer to Preliminary Subdivision Approval resolution and park fees if applicable). 2. Signed Certificate of Survey or mylar copies of formal plat. 3. Title opinion. 4. Easements, covenants, etc. 5. Developers Agreement and Letter of Credit APPLICATION FEES (Zoning Administrator to check (X] those which apply) A. Application Base Fees: ___Sketch Plan Review (Class 1, il & III) $350.00 ___Subdivision of a Lot Lire Rearrangement $600.00 ____ Subdivision Application (Class I & II) $600.00 ___ Preliminary Subdivision Application $750.00 $30.00/lot (Class III & ail non-residential) ____ Final Plat Application (Class III) $250.00 ___ Legal Review and Filing: ____Subdivision only $140.00 Subdivision W/easements and covenants; minimum $280.00 any additional costs TOTALS Park Fees (to be determined per Section 82-227) Legal and Engineering Review Fees (as 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; f2C lin. ft x .50 = $ *f/3 Proposed Public Roads $950.00 + $.C0 per lineal foot;_____lin. ft x .50 = $.____ Request for CKy to Accept Existing Private Road $950.00 Proposed Sanitary Sevrer Main Extension $275.00 * $25/stub Proposed Watermain Extension $275.00 + $25/stub Proposed Storm Sewer System (excluding culverts) $250.00 ___ On-Site System, Site Evaluation Review (applicable to rural subdivisions) $60/per lot x _£_ new lots C. Flexible Application Fees/Miscellaneous Fees ___Variance $600.00 Vacation of Public Road $75 per benefiting property ($600 minimum per application) 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 Pianning Department Staff, C.ty Engineer, City Attorney, Planning Commission and Council necessary to process this arplication and further agreestojjjajrail additional fees established by ordinance. Applicant's Signature: __________________________________Date: J OC K Owner's Signature:Date: ^ J DS. Applicant must have ail 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 Pfonner assigned to your project of this change prior to the meeting. -11- Pf! r' ' r l>. V ^ ' *1 1 PRBUMINARY PUT FOR SUAD AZHARI & OMAR ABUKHADRA IN SRCTIONS 3 It 10-117-23 HBNNBPIN COUNTY. MINNESOTA • ■■■ ■ ••* ■ ( r* PRELIMINARY GRADING. DRAINAGE. ROAD PLAN « PROFILE FOR SUAD AZHARI Sc OMAR ABUKHADRA IN SECTIONS 3 & 10-117-23 HENNEPIN COUNTY. MINNESOTA na » • * • • Ma fsa *•«». •• Ma 9sa m: i! “ ............... . -..i . ..• I f .■ • •.■< ....................................... aia 1 . ..... ................ _ ^ j ;::: ■ • j ., _ .......................... :: j-;.. .*. •-. •. ........ i..... •?......... » » ■...-ti:"''.970. ^ .......................... ' ••••• ...............I :• I.:;;::;:-;.............f...... •V-Ni: J| . i940. ::..T : • •:■ .• :•• j -■ • ....... i . . / i . ' rv. V.*** • v.:r.*. ^1* v.r t* V. V'I** v.*Xv. V/1^.*1...........' ......... I ' I ': f f A i..... i i'--..*' ' .: J--■:-I 1 | j t l i«i8iiririri iis!siiisisi s is ’ ^nx7‘ I « I* « —I—i--------7—T- «i j EXHIBIT C r:i a k .'I ‘ -V-'C » 100 T SCALE tN FEET t»ro» w _ .. • Qin n sP!«|5g UiJiuS ;i|a iioSitt 1:1^o 11' I N liCI¥ \ \*i: A 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). in. RESULTS Review of Soils. NWl. DNR and FSA Information The National Wetiand 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 Iwundaries (Figure 3). The Soil Sturvey of Hetmepin County, Minnesota (Sheets 43 and 51, USDA, 1974) showed the following soil types on the site: Erin loam (En), Glencoe (Gc), Hamel loam (Ha), Kilkenny loam (Kk), Lester loam (Lr), and Marsh (Ma) - Figure 4. Glencoe, Hamel and Marsh arc hydric soils indicative of wetland conditions when undrained. The DNR Prrtiected fVaters Mt^, Hennepin County (Sheet 1 of 4, Minnesota DNR, 1983) indicated DNR Protected Wetland 8S9W on the southern half of the site <^Figure 5). Wetland Detcrmiuationg and Delineations Potential wetlands were ev'*luated 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 upland reflects field conditions observed at the time of the delineation. At that time, vegetation was actively growing and temperatures were in the 60*s and spring hydrology was assumed normal. Wetiand 1 was a Type 3 (PUBFx/PEMB/A) wetland located within a depression and connecting ditch/swale in the northv/est comer of the site. Dominant vegetation consisted of algae and duckweed with lesser amounts of vtdllow in the center of the wetland depression. E>ominant vegetation along the perimeter of the wetland consisted of needle spikenish and reed canary grass with lesser amounts of creeping Charlie, sedge and buckthorn. Soils observed below the wetland boundary were mapped as Glencoe and were faintly mottled, black clay loam to 24 inches. Soils were saturated at die surface and five water was observed at 4 inches below the soil surfisce. Secondary indicators of wetland hydrology included m{^)ped hydric soil, the FAC- Neutral Test and topogranhic position. Adjacent upland was mowed lawn dominated by Kentucky bluegrass with lesser amounts of creeping Chaiiie, dandelion and yellow nutsedge. Upland soils were mapped as Glencoe and were black clay loam to 18 inches, underlain by very dark gray clay loam to 24-f indies. Free water was obs^ed at 14 inches below the soil surface. Mapped hydric sml was the only secondary indicator of hydrology observed. mimiS i The delineated wetland boundary followed a change in plant communities and topography. Wetland 1 corresponded to an NWl-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. Wetland 2 was a Type 3 (PUBG/PEMF/C/A/FSSIC) wetland that etwjompassed the majority of the southern half of the site. Dominant vegetation consisted of cattail, reed canary grass, sedge, American elm «nd green ash with lesser amounts of willow, giant goldenrod, common reed, stinging 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 Ae 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 fiw 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. Adjacen t upland f t Transect 2-1 was woods dominated by red oak, bur oak, common buckthorn, sedge, honeysuckle, basswood and northern white cedar with lesser amounts of cherry American hazelnut, cottonwo^ quaking aspen, meadow rue, geranium, paper birch, prickly ash, walnut, eastern red cedar, qiruce, eastern ^iidute pine and hackberry. Upland soils wm m^ped as Kilkenny and v«re black clay loam to 24 inches. No primary or secondary indicators of hydrology woe observed. Upland vegetation varied along the boundary of Wetland 2 and included areas of open meadow domiiMted by Canada goldenrod. orchardgrass, Kentucky bluegrass and smooth brome with lesser amounts of quackgrass, reed canary grass, creeping Charlie and sumac, an area along the southern tip dominated by common buckthorn, garlic mustard and Oliver weedy species, and an area toward the northeast dominated by northern wdiite cedar with lesser amounts of comron" buckthorn, sumac, Kentucky bluegrass and Canada goldenrod. The delineated wetland boundary followed a change in plant communities and topography. Wetland 2 conesponded to NWl-mapped PEMF and R2UBH wetlands, and an area of mapped hydric soil tMarsh) by the soil survey. A wide cnannel bisects the wetland and drains into Tanager Lake to the southeast. Wetland 3 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 nwcky loam to 12 inches, underlain by very dark gray fine sandy clay loam with common mediuni ^uy redox depletions to 24+ inches. Soils were inundated to a depth of 6 inches at the sample loca tion. Secoiidary indicators of hydrology included mapped hydric soil, the FAC-Neutral Test and topographic position. Adjacent iq[)land was woods dominated by sugar maple and bur oak with lesser amounts of planted northern white cedar, common buckthorn, cherry, green ash, American basswood, Virginia cneper, paper birch and walnut Upland soils were mapped as Kilkenny and were black f fine sandy clay loam to 20 inches, underlain by faintly mottled, very daric 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 conununities rjid topography. Wetland 3 corresponded to an area of mapped hydric soil (Glencoe) by the soil survey, but was not indicated on the NWI-msp. WetUmd 4 was a Type 1 (PEMCVA) soggy depression located to the northeast of Wetland 1. Dominant vegetation consisted of mowed Kentucky bluegrass with lesser amounts of yellow nutsedge. Soils were mapped as Glencoe and were assumed to be hydric. Soils were saturated at the surface and secondary indicators of hydrology included mapped hydric soil and topogra{rfiic position. Adjacent upland was mowed lawn dominated by Kentucky bluegrass. Upland soils were also mapped as Glencoe. Other than mq)ped hydric soil, no primary or secondary indicators of hy^logy v'tre observed. The delineated boundary followed a slight change in topographic position. Wetland 4 correqwnded to an area of mapped hydric soil (Glencoe) by the soil survey, but was not indicated on the NWI-map. Other Areas Ana A 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 amounts coiamon buckthorn. Based on the lack of hydrophytic vegetation and wetland hydrology. Area A wrs 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-map showed one (1) PUBF wetland, one (1) R2UBH wetlarul, and one (I) large PEMF wetland located within site boundaries. • The soil survey indicated Glencoe, Harnel and Marsh as the hydric soils present on the site. • DNR Protected Witer 8S9W was indicated on the site. • Three (3) Type 3 wetlands and one (1) Type 1 wetland were delineated on the subject property. t • V. CERTIFICATION OF DELINEATION The procedures utilized in the described delineation are based on the COE 1987 Wetland Delineation Manual as requited by Section 404 of the Clean Water Act and the Miiun^ta Wetland Conservation Act Both the delineation and report were conducted in compliance with regulatory standards in place at the time the work was completed AU site boundaries indicated on figures within this report are approximate and do not constitute an official survey product. Deliil ^r- I I [♦ I I Completed by: Report Completed Reviewed by k Kelly DIouhv. Wetland Ecolc Jst Melissa Lauterfaach-]•iiUJLli Date:l4/° ional Wetland Scientist No. 0000845 /Hi t- ki ■ !’ Note: She boundaries on this figure are approximate and do not constitute an official survey product. •4 ■ •kiaisiai ' 7-Xr^ I r .' R ^ N• 1 ’ hr V > N «i \K ■, ^ ■0 . ^ i *• '! i >^- v/ ■^,o* ■., •*. it) '^7' > ,>-y:-i 4 iJ J -o <0 ■; r-t V ic> • ♦ toy * ( ** ' ^ * f -'r: ’^r..•M,- N "i / V r* ■.V : Figure 2 - 2003 Aerial Photograph Fox Street (KES No. 2004^175) Orono, Minnesota l^xmx}ENVntONMENl^ SESVIceS COMPANY 1 incb~733feet .AttMoMMiaiii if MtiAlL PIlAfMMaE EJmiBIT E ——■ STRKRT rfwine a mms j)By \ N '<2 A !\ f8B \ \ \ ! I - ilcftiav _______ f\ \ / \\ A''C n N\ s\\ VA \^\\\ N^.\ \\ \ v\ / LA // Sv.^\\ \ V :3 k>.^Ui -jy/J/^ //<a//A. / / /" —' / C4S:^yy// •\ ^ ^ / r V X -sC / / Av '/J y type 3 WETLANI i f-x:// ) y/JI.'r" VO Q-^P ^r~ / L m./ A / V \\ EDGEC A> C\ / V / CC6T t) / EXISTING H^tDCQVER IN ZONK A. House Lengih 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 ^ONE Hi total PROPERTY AREA IN ZONE A _____________^ B gBOPOSEP HARDCOVER IN ZONy , A. House Lcngili 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 O. Other TOTAL HARDCX)VER IN ZONE TOTAL PROPERTY AREA IN ZONE A ♦ fi Width XIOO Width SOO-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. SF. S.F. 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. SJ. SP. A xlOO IJlf OOP S.F. B SE'IBACK ZONE: (CIRCLE ONE) EXISTING HARDCOVTR IN' ZONE A. House (cot /) HARDCOVER CALCULATIQXWORIvSHEET 0-75' X Ungth X X X B. Garage C. Driveway X X D. Sidewalk G. Other X X E. Palio^eck X X F. Landscape Underlain By Plastic Or Fabric • X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _ _ _ _ _ _ _ + B PROPOSED HARDCOVER IN Zf)N)f, A. House Lcngih X X X B. Oarage C. Driveway X X D. Sidewalk X X E. Patio/Dcck X X F. Landscape Uiideriain By Plastic Or Fabric X X X G. Other X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE ^ B CutliSi:)250-500' 7- as 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. A S.F. B % S'oo/n S.F. S.F. S.F. S.F. S.F. Jooo S.F. _______ S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. Sroaa^^, xlQO /O 7^ O ^gS.F. JV % A B /tOHKNAOHA iCAT /J 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 A _____________+ B PROPOSED HARBCOVRn IN A. House Ungth X X X B. Oarage C. Driveway X X D. Sidewalk X X E. PaticVDeck X X F. Landscape Underlain By Plastic Or Fabric X X X O. Other total hardcover in zone TOTAL PROPERTY AREA IN ZONE A _ _______ + 3 xlOO WMlh 9-7 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. SJ. S.F. S.F. SF. S.F. S.F. S.F. S.F S.F. S.F. S.F. _ xIOO - O S.F. A t/on S.F. B i i ! ’ /TYPE i WETLAWS • EXHIBIT G \ ^ Ri:-*• • ,•• •• .»• 6«ADI»0^-U>r t OEL»CATEO WETLAND .. V ’ SETBACK ZONE: (CIRCLE ONE) EXISTING HAJU)COVEn TN 7.nNir A. House A9^KNA^itA Z) HARDCOVERJIALCULATION WORKSHEET / Length X X X B. Gorage 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 7.0NE TOTAL PROPERTY AREA IN ZONE 4- B PROPOSED hardcover IN A. House Length X X X B. Oarage C. Driveway X X D. Sidewalk X X E. Palio/Dcck X X F. Landscape Underlain By Plastic Or Fabric X X X 0. Other total HAR0CX)VER in ZONE TOTAL PROPERTY AREA IN ZONE ♦ B / .r-; 75-250*250-500* Width XIOO Width y- 7- 500-1000* _____ S.F. xlOO m . 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 ^€.3oo S.F. B — O % •t i 1 I . 1 -■'V ^9t4kH40t^A (LOT 2. ) HARDCOVER CALCULATXOii^WORICSHEET / SETBACKZ0NE:(C1UCLE0NE) 0-75' Os^ 250 SOO* existing HAimcOVER IN ZnWF. “0 500 500-1000* A. House \ ^ / / Length Width X X X B. Ofirage C. Driveway X X D. Sidewalk X X E. Potio/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 __________ -h B PJ^OPOSED HARDCOVER IN ZQNR A. House xIOO -> LengiN Width X X X B. Oarage C. Driveway X X D. Sidewalk X X B. Patic/Deck X X F. Landscape Underlain By Plastic Or Fabric X X X G. Other TOTAL HARDCOVER [N ZONE TOTAL PROPERTY AREA IN ZONE S.F. S.F. S.F. 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. A SF. B % S'OCO S.F. S.F. S.F. S.F. X100 ■ S I a Cooe S F. -S.F. m S.F.i -S.F. S.F. ■i S.F. S.F.- m SF.1 -S.F. in S.F. _ y/. A yir. >oos.F. n ■/V- ? % EXHIBIT H - tor 5 I • COIOl, 0104: vJUl '‘CNs ri; / \ \1 \ \ !\v \ \ \ \V/ A / \ \, \> \\ \ \'N \ \ \ \’''''\\ w L\ s^\; A V n '^v V v X v\ \ 1 V \ \ \ r ,\ I \ \ \i il V A] 's N \ \ V \ l^_-/ \ \ !->. L \" \I %ti M" \*l / i ![%+? I I lit: I I I vA \ '\-A \ \ / \ / / \ \ ■is \|\ X 'S \\ \ \ //\ / I ■''U' /'/ \ // / /' / / / / / /// ^ ^ i i $ • f / SETBACK ZONE: (CIRCLE ONE) EXISTING HARDCOVER IN ZONK A. House HARDCOVERXALCULATION WORKSHEET X 75-250'250-500' Length Width 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 __ _ _ _ _ _ _ + B xlOO - . PROPOSED HARDCOVER IN ZONE A. House Length Width •X X X B. Oarago 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 •r- /'■os 500-1000' S.F. S.F. S.F. S.F. 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. % A B 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. SF. A + B XlOO - Zy. Jaa S F. B - % ( IPT JJ HARDCOVER CALCULATION WORKSHEET / SETBACK ZONE: (CIRCLE ONE) y EXISTING HARDCOVER IN ZONE /A. House 0-75' X / / Length [ X X X B. Garage C* Driveway X X X D. Sidewalk X X E. Patio/Deck X X F. Landscape Underlain By Plastic Or Fabric X X X 0. Otherm TOTAL HARDCOVER IN EONB TOTAL PROPERTY AREA IN ZONE A B PROPOSED HARDCOVER IN ZONE A. House X Length X X X B. Oarage C. Driveway X X O. Sidewalk X X E. Pa(io/Deck X X P. Landscape Underlain By Plastic Or Fabric X X O. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE ^ B 250-500'500-1000* Width XlOO WMlb S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F S'OOO S.F. S.P. S.F. S.F. S.F. ZOOO S.F. S.F. SF. S.F. SF. S.F. S.F. S.F. S.F. SJr. A B X 100 S F. A y. "foo S.F. B 9.37 % I J i \ \ 'p \ V '?>> V" V \ \ \ Xv'' \v; XXs\\\X,v■ ''XX X ^-CV' Xs^ \'^-V X X> \ \s\ ,\ l\ X X \ Vl\ / \ V s\ N>\ \\\^''\>^.Xv ✓ \ \\\ \ \\ \ VI N ^X\V \ \\^, X Xv< \ \^ "<^n \'^:^X n \ \ \ \ \.\ L V/A\>vY\ X \ S'- \V \\ \ \ \ V \y'\\ X\ X \ ' \\ \ \,v\ \ VxV Xx / V k\ Vn \X xXX \ uu A N ^ n "^ N'v XV^Xk''vX '-^'X. V^v \\\^vW \ \\\\\\ . \'v \X V r i \^\ \ 4.7 N V —+• I -J:-TX / V N m \y \ \lh /,A r / SETBACK ZONE: (CIRCLE ONE) EXISTING HAUDCOVER IN ZONE A. House HARDCOVERjiALCULATION WORKSHEET Length X X X B. Garage C. Driveway X X D. Sidewalk X X E. Palio/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 PROPOSED HARDCOVER TN7r>is»y A. House Length X X X B. Oarage C. Driveway X X D. Sidewalk X X E. Palio/Dcck X X F. LandKape Underlain By Plastic Or Fabric X X X G. Other “ij ■■ total HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE -»• B 75-250'250-500' Width XlOO Width e 500-1000' X 100 fZoo O 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. S.F. S.F. S.F. S.F. % A B S.F. S.F. S.F. S.F. S.F. SF. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. SF. S.F. % A B / / / 1^' •••# 'iv^v/i ^ CUT* YJ hardcover CALCULAmiN WORKSHEET ZONE: (CIRCLE ONE) 0-75' wS^Mj) 250-500* EXUyriNC HAUDCOVER IN 7.HNB A. House V *f-y-os 500-1000* Length X X X B. Girage C Driveway X X D. Sidewalk X X E. Patio^ck 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 PROPOSE D HARDCOVER IN ZONE A. House Lcngih X X X X X D. Sidewalk X X E. PatioA>eck X X F. Landscape Underlain By Plastic Or Fabric X X X G. Ocher TOTAL HARDCOVER IN ZONE total PROPERTY AREA IN ZONE A ^ B l.V:,;:C . Width xlOO - WMih 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. Zoo Cf S.F. S.F. S.F. S.F. SF. S.F. S.F. S.F. S.F. SF. X100 « 2 ^^^S.F. coo S.F. A D 2. V/ % B. Garage C. Driveway X X D* Sidewalk X X E. Patio^ck X X F. l4iiidfcapc Underlain By Plaacic Or Fabric X X X G. Other TOTAL HARDCOVER IN ZONE total property area in zone A __ _________ 4- B PROPOSED HARDCOVER IN A. House LsagUi X X X B. Oarage C. Driveway X X D. Sidewalk X X E. Palio/Deck X X F. Landscape Underlain By Plastic Or Fabric X X X 0. Orlier TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ^ B S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. XlOO Wiitili S.F. A S.F. B % Sooa S.F. S.F. S.F. S.F. SJF. /c^ao S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. X 100 - SS", 200 S.F. A B ••a / SETBACK ZONE: (CIRCLE ONE) / EXISTING HARDCQVKII IN 7nNir ' A. House HAIiDCOVER CALCULATION WORKSHEET 73-250* 2SO-SOO* / k\ ■<:. m Length X X X m B. Garage C Driveway X X D. Sidewalk X X E. Palio/Deck X X F. Landscape Underlain By Plastic Of Fabric X X X O. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE ^ — - ________ + B PROPOSED HARDCQVKR tn rONV A. House Lengih 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 G. Other total HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE + B 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. % A B /Sa o s F. S.F. ST. ST. ST. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. xIOO - / S S F. Si. ’TOO S F A 0 1 ✓ / SETBACK ZONE; (CIRCLE ONE) EXISl’lNG HAJtDCQVER IN ZONE A. House HARDCOVER£ALCULATION WORJCSHEET 75-250'250-500' r-y-os exhibit k 500-1000' Length Width X X X B. Garage C. Driveway X X D. Sidewalk X X E. Patio/Deck X X F. Landscape Underlain By Plaslic Or Fabric X X X G. Ollier TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN 2X)NE + B xiOO PROPOSED HARDCOVER IN rnNi.; A, Houie Lcfigih Width X X X B. Oarage C. Driveway X X D. Sidewalk X X E. Palio/Dcck X X F. Landscape * Underlain By Plastic Or Fabric X X X *.,v ■ 1 . G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE + B XlOO - 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 yo.jFao S.F. B n % S.F. S.F. S.F. S.F. SJ. 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 .r> (1 G. Oiber S.F. TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE B X 100 - SF. A SF. B % '• / SETBACK ZONE: (CIRCLE ONE) / EXISTING HAJU)COVER IN ZONE / A. House HARDCOVER CALCULATION WORKSHEET / /■ — r 0-75* X I .• l)>? Length X X X B. Garage C. Driveway X X O. Sidewalk X X B, Patio/Deck X X F. LandKape Underlain By Plastic Or Fabric X X X 0. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _ _ _ _ _ _ _ + B proposed HARDCOVER IN ZONK A. House Length X X X B. Qgmgg C Drivewiy X X D. Sidewalk X X E. Palio/Deck X X F. Landscape Underlain By Plaslie Or Fabric X X X 0. Other TOTAL HARDCOVER IN ZONE total PROPERTY AREA IN ZONE f B 75-250*250-500* Widih xlOO Width XlOO - .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. ^ O S.F. S.F. % SCO 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. S.F. A B % "7* \ I xmiii i I. . ^ r • Jk r ssab RUN DATE :2/l«2005 31 0211733330010 PROPAODR 1410 SHOREUNEDR OWNER NAME A HARRISON * IL HARRISON TAXPAYER ALPRED4UNORIDL HARRISON NAME/AOOR 1410 SHOREUNEDR WAYZATAMN SS39I 31 0311723410003 PROPADDR 1700 POX ST OWNER NAME CRAKIBANK ASSOCIATES TAXPAYER CRAIOBANK ASSOCIATES NAME/AOOR POBOX9300 DEPT2I MPLSMN 33440 31 0311723420001 PROPADDR 1140 POX ST OWNERNAMB JBMASSOPUST/LPMASSOPUST TAXPAYER JOHNS* LINDA FMASSOPUST NAME^ADDR 300 WASHINGTON AVE S MOO MB4NEAPOUSMN 33413 31 0311723430002 PROPADDR 1923 POX ST OWNERNAMB IWAOSTROMASIOXIWN WATSON TAXPAYER J WAOSTROM ASHDOWN WATSON NAME/AOOR 1923 POX ST WAYZATAMN 33391 31 0311723430003 PROPADDR lOOBROWNRDS OWNERNAMB SMMILLEJULOXKERMANDI TAXPAYER LISLE CUPPORDVKKERMAN in NAMB/AODR SHEILA M MILLER lOOBROWNRDS WAYZATAMN 33391 3S 0311723 PROPADDR IM3 POX ST OWNBRNAME MWCASHMAN4JLCASHMAN TAXPAYER MKHAELW/IENNIPERLCASHMAN NAMB/AODR IM3POXST WAYZATAMN 33391 •Hi Vk.. m L H ennepin county property information system PROPERTY OWNERS LIST 31 0211723330014 PROPADDR 1633 FOX ST OWNERNAMB R J MlOUORl AJ LMIGUORl TAXPAYER RKHARDJ A X3AN LMIGUORl NAME/AOOR 1633 FOX ST WAYZATAMN 33391 31 0311723410004 PROPADDR 1620 FOX ST OWNERNAMB THE WAKEFIELD ORONOPTNRSHP TAXPAYER THE WAKEFIELD ORONO PTNRSHP NAME/AOOR OO ROBERT J THEILER PO BOX 3621 MPLSMN 33440 31 0311723420009 PROPADDR 1120 FOX ST OWNERNAMB W DUNCAN MACMILLAN TRUSTEE TAXPAYER W DUNCAN MACMILLAN NAME/AODR 1120 FOX ST WAYZATAMN 33391 31 0311723430003 PROPADDR 610 BROWN ROS OWNERNAMB MJOTTASBOTT TAXPAYER MICHAEL JOTT NAME/AOOR 6M BROWN RO S WAYJU^TAMN 33391 31 0311723440002 PROPADDR 1743 FOX ST OWNBRNAME SUAOHAZHARI TAXPAYER SUAOHAZHARI NAME/AOOR 1743 POX ST WAYZATAMN 33391 31 10117231lOOOl PROPADDR 31 ADDRESS UNASSIONEO OWNBRNAME SUAOHAZHARI TAXPAYER SUAO H AZHARl NAME/ADDR 1743 FOX ST WAYZATAMN 33391 31 0211723410009 PROPADDR 38 ADDRESSUNASSICNED OWNER NAME HENNEPIN CO REGIONAL RR AUTH TAXPAYER HENNEPIN CO REGIONAL RR AUTH NAME/AOOR 4I7 3THSTN4320 MINNEAPOLIS MN 33401 38 0311723420007 PROPADDR I860 FOX ST OWNER NAME WILLIAM L WALDRON JR TRUSTEE TAXPAYER WILLIAM L WALDRON NAME/ADDR 1880 FOX ST WAYZATAMN 33391 38 0311723430001 PROPADDR 38 ADDRESS UNASSIGNED OWNBRNAME SUAOHAZHARI TAXPAYER SUAOHAZHARI NAME/AODR 1743 FOX ST WAYZATAMN 33391 38 0311723430004 PROP ADOR 760 BROWN RD S OWNERNAMB TRBROWFfEASRBROWNE TAXPAYER THOMAS R BROWNE NAME/AODR 760 SO BROWN ROAD WAYZATAMN 33391 38 0311723440003 PROPADDR 1693 FOX ST OWNBRNAME R J A K SCATHCART TAXPAYER RICHARD A KATHLEEN CATHCART NAME/ADDR 1693 FOX ST ORONO MN 33391 38 1011723110002 PROPADDR 31 ADDRESS UNASSICNED OWNER NAME HENNEPIN CO REGIONAL RR AUTH TAXPAYER HENNEPIN CO REGKWIALRR AUTH NAME/AODR 4173THSTN4320 MINNEAPOLIS MN 33401 •^51 « pj s S H .... ii m^kMmm ■'A' ;»t. RUN DATE :2/MaaU HB<(NEPtN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST PACE: 2 M 1011723120001 *ROPAOOR MOBROWNROS 3WNERNAMB DAVDMSKIIERWIFE TAXPAYRR DAVDMSKOE 4AMI/AOOR MO MOWN ROAD SOUTH WAYZATAMN SS39I 31 1011723120003 PR<VADDR 930 BROWNROS OWNERNAMB BJ JUDGE A JM MORRISON TAXPAYER BARRY AJDOE/JUUE MORRISON NAMEIAOOR 930 BROWN ROAD WAYZATAMN SS39I PROPAODR 31 I0II723I20004 940 BROWN ROS OWNER NAME A&C JOHNSTON TAXPAYER ALEXANOERATATHERINE JOHNSTON NAME/AODR 940 BROWN RO S WAYZATAMN 55391 31 1011723120003 •ROPADOR 1009 HBRITAOBIA 3WND1NAME tLALlLARION TAXPAYER STEPHEN L A LUCBJDAI LARSON 4AMBIAODR 1003 HERITAOB LA WAYZATAMN 99391 31 I0II723I3O00I PROPAODR 1029 HERITAGE LA OWNERNAME SLBYRNESJRAPSBYRNES TAXPAYER PAMELA A STEPHEN L BYRNES JR NAME/ADOR 1023 HERITAOE LA WAYZATAMN 99391 31 IOII72J1400I4 PROPAODR 1700 SHORELINE OR OWNERNAME IRWIN LJACX3BS ETAL TAXPAYER IRWIN L JACOBS NAME/AOOR 1700 SHORELINE DR WAYZATAMN 55391 31 IIII723220009 ■ROPAOOR 31 ADDRESS UNASSIQNEO IWNERNAME HENNBPM CO REGIONAL RR AUTH TAXPAYER HENNEPIN CO REGIONAL RR AUTH 4AMBIAODR 4l7 9THSTNi330 MBINBAPOLBMN 99401 31 0211723340014 PROPAODR 3t ADDRESSUNASSK3NEO OWNERNAME HENNEPIN CO REODNAL RR AUTH TAXPAYER HENNEPIN CO REOWNAL RR AUTH NAME/AODR 417 9THSTN 9320 MINNEAPOLBMN 99401 I CERTIFY THATTHE FACTS REPRESEhn'ED ARE AN ACCURATE AND TRUE REFRESENTATICm OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HEM4EPIN COUNTY TAXPAYER SERVlCESiXPARlMENTrTO THE Bl WMY KNOWLEDCffi ANDBEUEF. DATE z/m//04y .. vV‘ V ji# • , * >,rv SV ^ ■ v.»f • ■Wt)' '“♦f o: > «■ -4* w|BEr If • i'- M. ■ ■■rv r.- uii >1 / V ... -A... 12. the final plat, as the existing systems serving those buildings are non- compliant. II. The subdivider shall implement all currently provided (memo dated May 26,2005) or forthcoming recommendations of the City Engineer regarding grading, drainage, stormwater management and site improvements. The subdivider shall be responsible for the proposed improvements to Fox Street, as noted on the Fox Street P-oposed Road Profile plan dated 4-14- OS and revised S-4-0S, which are necessary to improve sight lines for the location of the proposed private roadway. These improvements to Fox Street must be completed prior to use of the new private roadway and in accordance with a timeline approved by the City Engineer. 13. The developer shall comply with all requirements of the Minnehaha Creek Watershed District. Subdivider is hereby advised that preliminary subdivision approval will expire within one year of the date of City Council approval (July 11, 2006). Should the subdivider fail to complete the filing of the final plat application within the year deadline, it shall be necessary for the subdivider to file a new' preliminary subdivision application with the City. Fiaal Plat Subalttab! The following list of final submittals must be submitted to the Zoning Administrator two weeks prior to the regularly scheduled City Council meeting on the second and fourth Mondays of the month. These submittals are as follows; 1.Record plat drawings in the form of two (2) mylar copies (one copy for the City's records and one for filing with Hennepin County) and one (1) copy reduced to 1" = 2(X)'. Drawings to include: a. Lot lines platted per preliminary surve> by Mark Gronberg of Gronberg & Associates. Inc., dated January 29.2004 and revised May 5.2004. b. Dedication of drainage and utility easements 10' wide along the exterior boundaries of property and 5' along the internal lot lines. Page 4 of 6 Date AppIkatioB Received: 4-20-05 Dale Application Considered as Complete: 5-4-05 60-Day Review Period Expires: 7-3-05 extended to 9-1-05 REQUEST FOR COUNCIL ACTION MCCTIMG JUL 1 ^ 2005 CUY OF ohono Dale: July?,2005 Item No.: ^ Department Approval:Administrator Approval: Name: Janice Oundlach^ Title: City Planner Agenda Section: Zoning Item Description: ilOS-3112, Loren & Stacey Schoenzeit, 4480 Forest Lake Landing - Lot Line Re-arrangement, Rear/Street Yard Setback Variance, 250’ - 500’ Hardcover Variance Zoning District: Lot Area: Lot Width: LR - IB, One Family Lakeshore Residential District (1 acre minimum) 0.33 acres (14,489 s.f.) 58’ @ shoreline; 45.5’ @ 75’ setback ListofEihibits A - Illustration of Existing Footprint & Hardcover B — Illustration of Proposed Footprint & Hardcover C - Illustration of Buildable Area w/Lot Line Re-arrangement D - Illustration of Buildable Area w/out Lot Line Re-arrangement E - Engineer Report RE: Existing Foundation F - Applicant Email dated 7-5-05 0 - Aerial Photograph of Neighborhood H-PC Action Notice dated 6-21-05 1 - PC Memo & Exhibits dated 6-15-05 J - PC Memo & Exhibits dated 5-5-05 AppUcatioH Summary (revised request): Applicant requests the following in order to construct additions onto the existing footprint and to remodel the existing residence: 1. ^t line re-arrangement with 1090 Wildhurst Trail whereby a land exchange would result in two existing non-conforming area and width lots remaining non-conforming in area and width. 2. Rear/Street yard setback variance to permit a setback of approximately 8 ’ when 30’ is normally required and 8 ’ currently exists. 3. Hardcover variance to permit 60% hardcover within the 250’-500’ zone where 30% is normally allowed and 54.9% currently exists (percentages based on post-lot line re arrangement zone areas). ^<4 . r I I Lot Line Rc-Aming«iiiciit Lot Existing Area Existing Width Proposed Area Proposed Width 4480 Forest Lake Landing 14,489 s.f 58 ’-shoreline 45.5’-75 ’ SB 14,882 s.f 56 ’-shoreline 45’-75 ’ SB 1090 Wildhurst Trail 20,505 s.f 57 ’-shoreline 63 ’-75 ’ SB 20,116 s.f 60 ’-shoreline 65 ’-75 ’ SB 4480 Fomt Lake Landing - Hardcover Calculations (existing percentages will be based on the zone square footages pre-lot line re-arrangement; proposed percentages will be based on post-lot line re-arrangement square footages. Hardcover Zone 0-75 75 - 250 250 - 500 Total Area in Zone (eilsling/proposed) 4,134/3,834 s.f. 7,758 / 7,974 s.f. 2,597/3,074 s.f Allowed Hardcover Cs.f.) 0 10%) 1,940/1,994 (25%) 779 / 922 (30%) Existing Hardcover 0 s.f* (0%) 3,165 s.f* (40.8%) 1,425 s.f* (54.9%) Proposed Hardcover Os.f (0%) 1,832 s.f (22.97%) 1,845 s.f (60%) 1090 Wildhurst Trail - Hardcover Calculations (existing and proposed percentages based on pre Hardcover Zone Total Area In Zone (cxisting/proposed) Allowed Hardcover (a.f.) Existing Hardcover Proposed Hardcover 0-75 4,491 / 4,661 s.f 0 (0%) 0 s.f* (0%) 0 s.f (0%) 75 - 250 12,210/12,159 s.f 3,053 / 3,040 (25%) 5,591 s.f* (45.79%) 5,591 s.f (45.98%) 250 - 500 3,804 / 3,296 s.f 1,141 /989 (30%) 825 s.f * (21.69%) 825 s.f (25.03%) Planning Commission Recommendation The Planning Commission reviewed this application at their May and June PC meetings. The Planning Commission ultimately voted 6-0 to approve the most recent revision, which is noted above in the application summary. The Planning Commission stipulated this approval on submittal of a fevorable engineering report indicating the existing foundation could support the proposed improvements. A preliminary report from the applicant ’s engineer is favorable, however the applicant has requested further guidance with regard to a rebuild vs. a renovation/addition as the cost to conduct the latter is probably mote costly than a total rebuild. The applicant requested that the Planning Commission provide an altenutte recommendation should a rebuild be necessary. The Planning Commission chose only to vote on the renovation/addition proposal submitted, suggesting tliey would want to see this application again if it becomes a rebuild. r- Staff Rccommcndatioii Staff finds that if the Council agrees with the Planning Commission recommendation regarding the renovation/addition proposal, a resolution could be drafted for approval at the next City Council meeting. However, with regard to a rebuild application, staff is unsure of whether the same variances would be appropriate. The applicant is proposing the lot line rearrangement to incorporate usable additions into the existing shiqM, layout and location of the house, to accomplish a “remodel with additions”. But, as a “total rebuild” that would be absent the constraints and limitations imposed by the existing house, a functional house could surely be designed to fit within the pre-existing lot lines. A total rebuild would not seem to require making the neighbor’s lot smaller in area while giving it more width at the lakeshore, nor making applicant ’s lot larger in area while giving up lakeshore. The 400 s.f. trade-off in area associated with the lot line rearrangement gains the applioant an additional 60 s.f. of lot coverage while leaving the neighbor right at 15.0%. Applicant is proposing additions that result in a house (without decks) that is also at exactly 15.0% (2,233 s.f.) of the post lot-line-rearrangement lot area. The 2,233 s.f footprint requires conforming setbacks of 10 ’ from the new lot line, but places it only 8’ from the street where 30 ’ is required. No other home in the neighborhood is this near the street (see Exhibit G), and the additions result in an even greater area and bulk of building encroaching within the required 30 ’ street yard. The house location is predicated on the existing sewer line angling across the lot at its midpoint, and the lot’s hourglass shape. ITie City typically requires a 10 ’ easement either side of a sewer line, but no such easement was apparently granted in the 1970 ’s when the sewer was installed. The City is requiring such an easement as a condition of the lot line rearrangement. The constrictions at the midpoint of the lot impose a hardship that limits the location of the house, and support some degree of street setback variance. Recognizing the inherent constraints of the lot due to the hourglass shape and the location of the City sewer line, staff feels that under the “remodel and additions ” scenario, the proposed variances are reasonable, because the existing house itself poses an added hardship. However, under a “total rebuild” scenario, the limitations imposed by the existing house go away, and the City would be best served by requiring a greater street setback, reducing the size of the house to less than 15% (which is a limit, not an allowance) and gaining back some open green space along the roadway. The potential for this application to become a rebuild again illustrates the difficulty in treating rebuilds and remodels differently in variance reviews. Applicants are seemingly rewarded for doing remodels rather than rebuilds, and they strive to retain bits and pieces of the existing house to justify the retention of setback and hardcover nonconformities or encroachments. COUNCIL ACTION REQUESTED Direct staff to draft a resolution approving the renovation/addition proposal in accordance with the Planning Commission recommendation, and/or Discuss the rebuild scenario and determine if a lot line re-arrangement would be appropriate and what level of rear/street yard setback, 250 ’ - 500 ’ hardcover variance, and footprint square footage would be reasonable. EXISTING FOOTPRINT & HARDCOVER PROPOSED FOOTPRINT & HARDCOVER \^Bin)M»NOUS •40R igfWC^' SSS‘5 Hardcover Zone r~ Total Area in Zone Allowed Hardcover (vf.) Proposed Hardcover 0-75 3.834 s r.0 (OV.) ^sf (0%)75-250 7.974 f.f.1,994 (25%) 1.832 s.r t22 97%)250 - 500 3,074 s f 922 (30W) T845 $ r. (60%) • omvt .’ o> •s i.3'4 — ^vjo,2*> >• 4 *> ’ 598'- V iT P ^ "r-\-nrnr" _ X93«8 . “‘J* »»<J2 ..'* k'^\ -A -'Ir ^ ^0 3.0a ^ 0*^0 % ^0 ^0 -V ?> ' !-;>>>«"V*. «sj fa PT? \ k%'»'^<C> ^0 ^0 \ .% \ -r \f^i ^0 '< •. V* r.i r I j ■ ••••••••«*......................■^,S6.* ^ Ati o *y,3»* • ^ /sSi^yv »*" ^^>.izs^ir «*>< gs^...... '/■>/XV' ....^ V V \ SSSSi^s. % • « »M£r%aVMMMK^ BUILDABLE AREA W/OUT LOT LINE RE-ARRANGEMENT \ \ I . .L^MrvCMJkiJ KilifnmiK Strt^oK June 30.200S [ I i I I t ( R I I tj hiiiniui cmiiiiK Mr. UMcn Schoenaieit 6416 Timber IUd|0 Bdhift. MN 55439 B«: Stnictufd Review of Pfopoied Reddence Addition A Remodel 4480 Forect Lake Landing, Oiono.MN Deer Mr. Sdwenarite lliis letter is fo oonllim ttiat you heve retained my linn to provide structural consulting eogineeiing desi^s services fmr the jmiject at 4480 Forest Lake Landing in Orono. MinoHiulM. The esisUng huuMe is n walkout at die rear with a detached garage. As requected. I have computed a praUminary review of the propooed project that inoludee raising the eaisting house three feet to increase die ceiling height it the walkout level, removing die existing roof nd edding a new upper floor level, adding a new additioB to the reer of the bouse (20 ft. X 20 ft.) and building a new attached garage (25 ft. X 25 ft.) with en vpptt precast concrete level and a lower level New fbundation walls for the houae and garage addttkm would be built using ICF (insulated concrete fixms) with reinfordog, Based on my preliminary review of die soil conditions, it would be struotuially possible to reuse the existing footing and ftwndatioii walla for iiic piopoacd cxpaaaionofthe existing houae. in my opinion, aoil conditkma around die existing houK appear to be adaquittn fttr fhothtg prcmures of up to 2000 pxf. I agras to provide oertifted engineered plant for the footing and foundation wall design &r the atWtionand fcr any ittuotural modificationa related to due remodeling of the existing bouae and the new additioo. Pleaaa contact me with any questions or any Aather servke al this liuie. V I iMiir-ata regarding diis rqioit or if I can be of iiiiiiiufifMitaniiuf.iuiiiiHiiir(,siHiii mi; iiiiMSt-sm ifiiti; iisiitst ita - i m-. to 3BM 98MSSM99 Eg.’Zl S08Z/8C/SO rage i oi i ttanic* OundUich From: Loion SchoonzoM (kKonsQattnetl SmI: TuoMlay, July 05.200511:25 AM To: Janioo Oundlach Co: MikoQoffron Sui^oet: 4480 Forott Lake Landing • RenKxlel vs. rebuild HaHo: Janioo and Mike: I would Nka your help and guktanoe and the remodel vs. rebuild discussion on my project at 4450 Forest Lake Landing. Attached you wM find a letter from the structural engineer that states the current footings, foundation and structure are mable for the proposed remodeling project This is where my problems begin and I need your help and wisdomi SeparaMy the structural engineer. Lyle Oman - City Building Official, the excavator and my concrete guy are all aaying ‘‘...oxpoffonce says that the project wHI turn out better and most likely even cost less if it is done as a rebuild*. I look forward to your help with this issue. I can be reached at 612-961-9680 at your convenience to discuss the Isaues or eet up a meeting to go over the topics in person. Bast regards, •Loren f:E ■ If V-mm •^ it';.• liimjt. \ 7f6nm 1 -«—^ I \ \r W .V. • *:^y y .TlBMiCL^u; -r h i^- ‘ ' ■^'r'V'’K ”':T7. «?:fflipr. "atg^fe :H •*« ^ ' f' ■ A j W 'Mmm r^: ' .. y'wi¥: fc-' Ai M WB. m \rA<f r- I m Ki<r-- wy^ ■T ■ :i* -Vc-.VIf'- ’ 7w i , ■*' pi .4., 5T ' CITY OF ORONO 2750 Kelley Parkway P.O. Bok 66 Cryatal Bay, MN SS323 (952) 249-4600 ZONING FILE: OS-3112 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: June 21,2005 TO:Loren & Stacey Schoenzeit 6416 Timber Ridge Edina, MN SS439 COPIES: TYPE OF APPLICATION:Lot Line Re-arrangement, Rear/Street Yard Setback Variance, 250 ’-500 ’ Hardcover Variance DATE OF MEETING: June 20,2005 Planning Comaiiulon recommended as follows: To a{)prove the revised request under the following stipulations: 1. Submittal of a &vorable engineering report regarding the existing foundation and its ability to withstand the proposed improvements, 2. Dedication of a 20 ’ sewer easement centered over the existing sewer line, this easement should be dedicated by both owners (1090 Wildhurst Trail and 4480 Forest Lake Landing). Staff is willing to negotiate the language of the easement to protect existing encroachments and other potential interests, 3. Dedication of a 5* drainage and utility easement, by both property owners, to exist on each side of the revised common lot line. The applicant requested a secondary recommendation should the engineering report on the existing foun^tion be unfavorable, which the Commission choose not to do. VOTE:FOR AGAINST Applicant’s next scheduled meeting is confirmed as: CHy Council - Monday, July 11,2005; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission or Council minutes, they are available from the City Recorder after review and approval by the Planning Commission or Council. If you have questions, please call City Planner Janice Gundlach at 952-249-4623. 60-Day Extension Notice. State law provides that Cities shall make decisions on zoning requests within 60 days from the date of application, and that this review period may be extended by notification to the applicant. Your application was received on April 20, 2005, and was deemed complete on May 4,2005. The 60-day review period would end on July 3,2005. Because the earliest scheduled date of final Council action falls after the 60-day period ends^ the 6May review period is hereby extended on additionol 60 dmys to September 1,2005. J MS-3fl2 Juac 20.200S Page I of 3 Date AppHcatioa Received: 4-2(Mi5 Date AppHcatioa Considered as Complete: 5-4-05 60-Day Review Period Expires: 7-3-05 To:Chair Rahn and Planning Commission Members Ron Moorse, City Administrator From: Date: Janice Gundlach, City Planner^ JunelS.200S Sabjcct:OS-3112, Lx)ren & Stacey Schoenzeit, 4480 Forest Lake Landing, Lot Line Re-Arrangement, Rear/Street Yard Setback Variance, Hardcover Variance, Public Hearing Continuation Zoaiag Dtotrict: Lot Area: Lot Width: LR- IB, One Family Lakeshore Residential District (Iacre min.) 0.33 acre (14,489 s.f.) 58’ @ shoreline; 45.5’ @ 75’ setback ApptlcatloH Summary (revised request): Applicant requests the following in order to construct additions onto the existing footprint and to remodel the existing residence; 1. Lot line re-arrangement with 1090 Wildhurst Trail whereby a land exchange would result in two non-conforming area and width lots to remain non-conforming in area and width. 2. Rear/Street yard setback variance to permit a setback of approximately 8’ when 30’ is normally required and 8’ currently exists. 3. Hardcover.' variance to permit 60% hardcover within the 250’-500’ zone where 30% is normally allowed and 54.9% currently exists (percentages based on post-lot line re- _____arrangement zone areas). Stqff Mecommeudattou: Staff recommends approval of the revised application pending the following: 1. Submittal of a favorable engineering report regarding the existing foundation and its ability to withstand the proposed improvements. 2. Dedication of a 20 ’ sewer easement centered over the existing sewer lines. This easement should be dedicated by both owners (1090 Wildhurst Trail and 4480 Forest Lake Landing). Staff is willing to negotiate the language of the easement to protect existing encroachments and other potential interests. 3. Dedication of a 5’ drainage and utility easement, by both property owners, to exist on each side of the reviscu common lot line. The Planning Commission may want to consider whether a lake yard deck off the main level of the home should be included, and also whether a secondary recommendation can be made should the engineering report on the existing foundation be unfavorable. Exhibits Exhibit A — Notice of Planning Commission Action dated 5-17-05 Exhibit B - Applicant Memo dated 6-10-05 Exhibit C — Revised Hardcover Calculation Worksheets Exhibit D - Revised Survey Exhibit E - City Engineer Comments dated 5-26-05 i M05-3I12 June 20,200S Pnge 2 of 3 Exhibit F - Illustration ofBuildable Area Exhibit G - PC Memo and Exhibits dated S*S>0S Background At the May 16"' Planning Commission meeting the applicant appeared reciiiesting the variances noted above and also seeking a 7S’*2S0’ hardcover variance and a structural coverage variance. At that meeting the application was tabled and the applicant was directed to: 1. Eliminate the need for a structural coverage variance, 2. Eliminate existing and proposed retaining walls/curbs within the right-of-way, 3. Reduction of the proposed lake yard patio extending beyond the deck in an elTort to reduce hardcover further within the 7S’-2S0' zone, preferably to 2S%, 4. Eliminate the portions of proposed new structure (SE comer of house) coming within 10’ of an existing sewer line, 5. Revise lot line rearrangement request whereby lot areas and widths for both lots remain unchanged. Staff also would recommend that the City Engineer review the proposed grading plan prior to Planning Commission approval. Revised Request The applicant has revised his proposal eliminating the need for a stmctural coverage variance, eliminating the need for a 7S’-2S0’ hardcover variance, eliminating the retaining walls and curbs in the right-of-way and all new structure within 10’ of a proposed sewer easement. The City Engineer has reviewed the proposal and his comments are attached as Exhibit D. The applicant has chosen not to revise the lot line rearrangement request. 1'he applicant has submitted a memo, attached as Exhibit A, which outlines his revisions with reference to the previous staff recommendation and City Engineer recommendation, whereby a revised survey has been submitted and is attached as Exhibit C. The applicant was also directed to bring the neighbor at 1090 Wildhurst Trail into the application process. Staff met with both property owners and determined the existing letter, attached as Exhibit M to the previous PC report, was sufficient and that both owners would be required to sign a resolution for a lot line rearrangement. The owners of 1090 Wildhurst Trail would also be required to sign hardcover variance resolutions for their 7S’-2S0’ zone. From staffs perspective the outstanding issues are as follows: The lack of an e-tgineering report on the existing foundation and its ability to withstand the proposed additions (a formal recommendation of the City Engineer). Without this report the Planning Commission must make a recommendation based on the current plans assuming the report is favorable. The applicant has stated that this report is in the process, however has indicated the report will not be complete prior to the date of the meeting. Because of this the applicant has asked that the Planning Commission consider a 2-fold recommendation: I) assuming a favorable report from the engineer and 2) assuming an unfavorable report, which would require the applicant to completely rebuild. Based on the hardships of the pinched side lot lines, the sewer line, and the unusual amount of undeveloped right-of-way, staff finds that even with a rebuild similar MI5-3II2 June 20.200S Page J of 3 variances would be requested. Given all the restrictions, the buiidable area amounts to approximately 2,100 s.f., however based on the odd shape approximately 1/3 of it wouldn ’t be buiidable due where it narrows to a point. The logical next step would be granting a rear/street yard setback variance allowing for more buiidable area. Should that rear/street yard setback variance be 20’, 10’, or something in-between? If the Planning Commission wants to make a secondary recommendation based on an unfavorable engineering report, a discussion of how much buiidable area is reasonable and what level of rear/street yard setback variance is appropriate would need to take place. The Planning Commission would have to be comfortable coming to a conclusion on the level of rear/street yard setback variance without knowing the footprint or type of home proposed under a rebuild application. • Dedication -A the sewer easement by both involved property owners and finalization of that language. The City Engineer is his letter dated S-26-0S, asked for dedication of drainage and utility easements 10’ along the periphery lot lines and S’ along the interior lot lines. Staff finds that is it reasonable to request dedication of a S’ drainage and utility easement on both sides of the lot line being revised by the lot line rearrangement request only. This is standard as part of the subdivision approval. The applicants should indicate whether they are willing to dedicate these easements. • l4Btly, in an effort to meet the IS% structural coverage requirement the applicant omitted the lake side deck off the main level of the home from the proposal. Staff is concerned about a lake shore property not having a lake side deck and the potential for request of a future variance to obtain one. The Planning Commission should discuss whether the applicant should be required to include a lake yard deck and meet the structural coverage requirement. It should be noted that it appears that a patio off the walk out level of the home would exist either way. Staff Rcconmcmlation Staff recommends approval of the revised application pending tlie following: 1. Submittal of a fiivorable engineering report regarding the existing foundation and its ability to withstand the proposed improvements. 2. Dedication of a 20’ sewer easement centered over the existing sewer lines. This easement should be dedicated by both owners (1090 Wildhurst Trail and 4480 Forest Lake Landing). Staff is willing to negotiate the language of the easement to protect existing encroachments and other potential interests. 3. Dedication of a 5 ’ drainage and utility easement, by both property owners, to exist on eavh side of the revised common lot line. The Planning Commission may want to consider whether a lake yard deck off the main level of the home should be included, and also whether a secondary recommendation could be made should the engineering report on the existing foundation be unfavorable. ■ -'ff I EXHIBIT A CITY OFORONO ZONING FILE: OS-31 12 2750 Kelley Parkway P.O. Box 66 NOTICE OF PLANNING COMMISSION ACTION Crystal Bay, MN 55323 (952) 249-4600 DATE OF NOTICE: May 17,2005 TO: Loren & Stacey Schoenzeit COPIES: 6416 Timber Ridge Edina, MN S5439 TYPE OF APPLICATION: Lot Line Re-Arrangement, Setback Variance, __________________________Harfcover_Var[^ce,_S_tru_ctural_Cqv^era^e_Variance_ DATE OF MEETING: May 16,2005 Plaanlag Commlssloa recommended as follows: The Planning Commission tabled the application and the applicant was directed to do the following: 1. Bring the neighboring property owner, involved in the lot line re-arrangement, into the application process, 2. Meet 25% hardcover within the 75’-250’ zone, 3. Dedicate a 20’ sewer easement over the existing sewer line, 4. Eliminate the need for a structural coverage variance, and 5. Meet with staff and the property owners of 1090 Wildhurst Trail regarding the additional variances that may be necessary and dedication of a sewer easement over their portion of the existing sewer tine. Staff will be in contact with you regarding the issues noted above and any other issues that may arise during the continued review of this proposal. VOTE: 6 FOR 0 AGAINST Ai^licant’s next meeting is tentatively scheduled for: PlaoHiBg Commlssloii - Monday, Jnne 20,2005; mccling starts at 6:00 p.m. If you desire certified copies of the oflicial Planning Commission or Council minutes, they are available from the City Recorder after review and approval by the Planning Commission or Council. If you have questions, please call City Planner Janice Gundlach at 952-249-4623. ►EXHIBIT B To: Janice Gundlach - City of Orono From: Loren Schoenzeit RE: Information for the June 20,2005 Planning Commission meeting for 4480 Forest Lake Landing. Date: 10-June-2005 In this package you will find: 1) This cover letter. 2) A ‘*20 scale ” and an 11 x 17 of the 9-June-2005 revision of the proposed survey for 4480 Forest Lake Landing. 3) Revised hardcover calculation worksheets for 4480 Forest Lake Landing reflecting the requested changes to a 15% structural hardcover request and a compliant hardcover request in the 75*-250’ zone. 4) Discussion in Q&A format addressing the Staffs recommendations from the May 5,2005 City Planner ’s report and the May 26,2005 City Engineer's report. City Plaimcr*8 report from 5-May-200S. 1) Eliminate the need for a structural coverage variance. The overhead deck has been removed from the plan. The planned house meets the City’s 15% structural hardcover requirements. 2) Eliminate the existing and proposed retaining walls / curbs in the right-of- way. These items have been removed from the 9-June-2005 revision of the survey. 3) Reduction of the proposed lake yard patio existing beyond the deck in an effort to reduce LardMver further within the 75*-250’zone. The proposed deck has been eliminated and the size of the patio has been reduced. The new hardcover number in the 75 '-250 ’ zone is now 22.97%. 4) Elimiiwte the portions of proposed new structure (SE comer of house) coming within 10’ of an existing sewer line. The proposed bay window on SE side of the house been reconfigured and is no longer within 10' of the existing sewer line. 5) Revise lot line rearrangement request whereby lot areas and widths for both lota remain unchanged. There is no change in the original request. The following items have occurred to explain why the current request should be approve. As requested by the planning commission, the neighbor at 1090 Wildhurst Trail has been brought into the process. Brad Larsen and / met with City Staff to explain why the current proposal is optimum based on input from the surveyor, the m - V-- ■ : -i.requirements of the Larsen's Mortgage Company and cleaner lot lines based on the possible geometries for the land swap.. City Engiaccr’s report from 26-May-2< 1) An updated plan set should be provided showing existing contours that extend at least SO-feet beyond all lot lines. This includes all contours and road edges in the rights-of way of Forest Lake Landing and Wildhurst Trail. These items have been included in the 9-June-2005 revision of the proposed survey for 4480 Forest Lake Landing. 2) The Plans should be revised so that no retaining walls are constructed within the Forest Lake Landing right-of-way. No retaining walls were planned for the right-of-way and the 9-June- 2005 revision of the survey shows no retaining walls in the right-of- way. 3) The grading plan should show proposed swale grading along the north and south side of the home to convey storm water around the proposed home on the subject property. The 9^une-2005 revision of the survey shows the swale grading on the North side of the house and the planned path for the storm water. The South side of the house has no planned grading changes and the parallel contour lines that are perpendicular to the property line indicate even grading and wide open paths for storm water. Further the contour lines indicate that neither 4480 Forest Lake Landing nor 4470 Forest Lake Landing is sending or taking storm water from the other property. 4) Drainage and utility easement should be provided on both lots S-feet wide along interior lot lines and 10-feet wide along the rights-of-way. 1090 Wildhurst Trail and 4480 Forest Lake Landing already have existing homes and the utilities are currently located in the locations suggested by the City Engineer. S) Sanitary sewer easements should be provided over all sanitary lines on both lots if the easements don’t already exist. The easement should be 20- feet wide centered over the pipe. The house plans should be revised so the house foo^rint does not encroach into the sanitary easements. The applicant and the neighbor at 1090 Wildhurst trail both said they will negotiate with the City of Orono in good faith to grant the requested sewer easements. The 9-June-2005 revision of the survey has the portion of the SE comer ofthe proposed house's bay window relocated to a location that is outside of the requested sewer easement. 6) The qjplicant should provide a structural engineering recommendation regarding the stability of the existing foundation and its ability to support the proposed improvements. This request is in proff^ess. I do not know if the structural engineer's report will be completed by the 20-June-2005 Planning commission meeting. 7) The plans should include a detailed erosion and sediment control plan. / believe this request is asking for sediment, erosion and run-off control plans during construction. The erosion / run-off control plan and barrier map is planned to be part of the building permit application. ■ 7- iii&i r>- : I j ■ • '■ r' '1H%0 t-c>r<i&r-EXHIBIT C SETBACK ZONE: (aRCLEONE) EXWTINQ HARDCOVER IN ZONE A. House HARDCOVER CALCULATION WORKSHEET 7S-2S0* 290-900* UngSi ' ■__________________________________________ B. Garage C. Driveway O. Sktowak E. PaOo/Dacfc F. Landscapa Underlain By Plastic G. Retaining WaHs H. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A __ O PROPOSED HAROCQUI-RIM ZOMF A. House Ungti B. Oarage C. Driveway D. SMawalk E. PatkVDeck F. Landscape Underlain ByPlaatio O. Retaining WaHs X X X X X X X X X X X ♦ B X X X X X X X X X X X H.OOm TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ______ ♦ B 1<^^1 i5Ii I I Width s s 3 8 S V/3V XlOO » xlOO 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. Bn___% 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 ______% f r , h pi F f HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) EM8TINQ HARDCOVER IN ZONE A. House Longlh B. Oarage C. Driveway O. Sidewalk E. Patio/Deck F. LaiMlscape Underlain ByPiastic O. RaWning Walt H.OIhar PROPOSED HAW R IN ZONE A. Houm Ungih B. Oarage C. Driveway D. Sidewalk E. Pi ( •’i F. Landscape Underlain ByPlasde O. Ratakiing Wait Rosier TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _ o-7r X X X X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ♦ B X X X X X X X X X X X ♦ B 250-1 500-11 S.F. VWdtti S.F. S.F. S.F. /^'73 S.F. S.F. S.F. S.F. B a S.F. SF. 8 a S.F. ',F.0.1 .'3.F. S.F. S.F. 975*xlOO B j/ S F. A 7-? f 5( S.F. B -------- 1 OW.'^ S.F. ■S.F. S.F. S.F. ■3*2.7 S.F. S.F. 8 8 S.F. S.F. 8 8 S.F. S.F. S.F. S.F. S.F. S.F. S.F. xlOO > it3 S.F. A S.F. B XT^T7 ___% j L-1 i 1ifcl I r'or caf? HARDCOVER CALCULATION W SETBACK ZONE: (CIRCLE ONE) 0-7S* 75-250' EXISTING HARDCOVER IN ZONE A. House X «ypRK§HE Langi) 7o'2 WhWi B. Garage C. Driveway D. SidewaRt E. Patio/Deck F. Landscape Underiain By Plastic 0. Retaining Walls H. Other Langlh B. Oarage C. Driveway D. SIdewaR E. Patto/Deck F. Landscape Underlain By Plastic O. Retaining WaRs H. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONEA -- uwr X X X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY ARE^N ZONE A 4 B PROPOSED HARDCOVER IN ZONE A. House X X X X X X X X X X X X s a a a a l?C S~'7 a a a s ss ■2,70 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 xlOO 3 WhWi •Z-S-T?- S.F. B _<f % \190 S.F. a s S.F. S.F. S.F. a a a a a a a a a QL’Z— S.F. / 13____S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. B '3>o7y xlOO S.F. A S.F. B ^o»oo % JWMM BVO a BNejNEBUNG ftl■■KMrli^MI M m *^M)MM AMomwiM tatNornwr mMnrfaft dXIOrr 5GErosBNZUr : \ ■ . '..Sk ’.Hiiu I I tm t/\t Bonestroo SM Rdsene vS AnderfH(& ^\|^ Associates Englnc«rt A Archtttcu May 26.200S 2335 West Highway 36 • St. Paul. MN 55113 Office: 65('636-4600 • Fax: 651-636-1311 www.bonestroo.cofn EXHIBIT E Ms. Janice Oundlach Planner City ofOrono Poet Office Box 66 Ciystal Bay. MN 5S323 Re: 4480 Forest Lake Landing File No. OOOI39-OSOOO-0 Plat No. 05-3112 Dear Janice: We have reviewed the site plans and preliminaiy plat dated S-3-0S for the proposed improvements to 4480 Forest Lake Landing. The plans propose to mlign a lot line and to construct additions to ^ existing home. We have the following cotranents with regi^ to engineerii^ matters: An updated plan set should be provided showing existing contours that extend at least SO-feet beyond all lot lino. This includes all contours and road edges in the rights-of-way for Forest Lake Landing and Wildhurst Trail. The plana should be revised so that no retaining walls are constructed within the Forest Lake Landing right-of- way. The grading plan should show proposed swale grading along the north and south tides of the home to convey storm water around the proposed honw on the subject property. Drainage and utility easements should be provided on ^th lots S-feet wide along interior lot lines and 10-feet wide along the rights-of-way. Sanitary sewer easements should be provided over all sanitary lines on both lots if the easements don’t already exist The easements should be 20-f^ wide centered over the pipe. The house plans should be revised so the house footprint does not encroach into the sanitary easements. The applicant should provide a structural engineering recommendation regarding the stability of the existing foundation and its ability to support the proposed improvements. If the improvements are constructed it does iwt appear that the mutual driveway easement is necessary and should be vacated. The plana should irKlude a detailed erosion and sediment control plan. If you have any questions please call me at (6SI) 604-4863. Yours very truly. BONESTROO. ROSENE. ANDERLIK A ASSOCIATES. tHC. Tom Kellogg m Cc: OregOap(a,CityofOrono St. Paul. St Cloud, Rochester. MN • Milwaukee. Wl • Chicago, )L ArOfMMIv* ActNMi/f^wal OppArttmHy Eiii|iloyir ImpNiy Owfwe \n Xa S H ■*3 <ras-.^ii2 May 16,2005 Page I ofS Dale Applicatioa Received: 4-20-05 Date Applicatioa Comidcred as Complete: S-4-05 60-Day Review Period Espires: 7-3-05 To; From: Date: Subject: Chair Rahn and Planning Commission Members Ron Moorse, City Administrator Janice Gundlach, City Planner^ May 5,2005 05-3112, Loren & Stacey Schoenzeit, 4480 Forest Lake Landing, Lot Line Re-Arrangement, Front Yard Setback Variance, Hardcover Variance, Structural Coverage Variance, Public Hearing Zoning Obtrict: Lot Area: Lot Width: LR - IB, One Family Lakeshore Residential District (1 acre min.) 0.33 acre (14,489 s.f.) 58* @ shoreline; 45.5’ @ 75 ’ setback Application Summary: Applicant requests the following in order to construct additions onto the existing footprint and to remodel the existing residence: 1. Lot line re-arrangement with 1090 Wildhurst Trail whereby a land exchange would result in two non-conforming area and width lots to remain non conforming in area and width. 2. Rear/Street yard setback variance to permit a setback o** approximately 10’ when 30’ is normally required and 8’ currently exists. 3. Hardcover variance to permit 26.7% hardcover withii. 75 ’-250’ zone where 25% is normally allowed and 40.8% currently exists (percentages based on post lot line re-arrangement zone areas). 4. Hardcover variance to permit 60% hardcover within the 250’-500 ’ zone where 30% is normally allow^ and 54.9% currently exists (percentages based on post lot line re-arrangement zone areas). 5. Structural coverage variance to permit 16.5% structural coverage where 15% is normally allowed and 15% currently exists (proposed percentage based on post lot line re-arrangement lot area). SUiff Recommendation: Staff recommends denial of the application as submitted. Staff would recommend that the applicant revise the plan to at a minimum meet the following: 1. Eliminate the need for a structural coverage variance, 2. Eliminate existing and proposed retaining walls/curbs within the right-of-way, 3. Reduction of the proposed lake yard patio extending beyond the deck in an effort to reduce hardcover hirther within the 75 ’-250’ zone, preferably to 25%, 4. Eliminate the portions of proposed new structure (SE comer of house) coming within 10’ of an existing sewer line, 5. Revise lot line rearrangement request whereby lot areas and widths for both lots remain unchanged. Staff also would recommend that the City Engineer review the proposed grading plan prior to Planning Commission approval.___________________________ I ^3112 May 16.2005 Page 2 ofO Pertinent Z oning Ordinance Sections Sec. 78-330. Area, height, lot width and yard requirements. M Lot Arts (acre)LotWMtli(Rcl)Front Yard (feet)Side Yard Adjacent to Another Lot (feet) Rear Yard (feet)Side Yard Adjacent to Street (feet) 1 140 33 10 30 35 (Code!984, § 10.24(5)) Sec. 78-1288. Hard cover limitations, (b) Between 75 feet and 250 feet of the OHWL, there shall be no greater than 25 percent hard cover. Between 250 feet and 500 feet of the OHWL there shall be no greater than 30 percent hardcover. Between 500 feet and 1,000 feet of the OHWL there shall be no greater than 35 percent hardcover. (Ord. No. 101 2nd scries, § 1(10.56<16KL)), 2-24-1992) 0) (2) Sec. 78-1403. Lot coverage. In all zoning districts, for all lots of 0-1.99 acres in total area, the total combined footprint areas of all principal and accessory structures shall not exceed 15 percent of the lot area. Exception: Regardless of lot area, every developed lot shall be allowed at least 1,500 square feet of lot coverage by principal residence and garage structures. The following shall be included in calculation of lot coverage by structures: All roofed structures more than six feet above grade level. Tennis courts, patios, decks, and all similar open structures when partially or fully enclos^ by fences, railings or walls which extend more than six feet above grade level (If any portion of such structures extends more than six feet above grade level, the entire structure shall count toward lot ccwerage). (3) Building protrusions ^^ch are mote than six feet above grade, including the building footprint, and the vertical projection of any parts of the building more thiui six feet above grade. (4) Bays or bay windows that increase the floor area (i.e., floor to ceiling) shall be considered lot coverage. Bays or bay windows that act solely as a window shall not be considered lot coverage. (5) All but the outer two feet of roof overhangs shall be included in the calculation of lot coverage. (Code 1984, § 10.03(14XC); Ord. No. 215 2nd series, § 1,3-11-2002) L ist op Exhibits Exhibit A - Applications Exhibit B - Hardship Documentation Form Exhibit C - Existing Survey Exhibit D - Proposed Survey Exhibit E - Hai^ver Calculations for 4480 Forest Lake Landing Exhibit F - Hardcover Calculations for 1090 Wildhurst Trail Exhibit G - Side Plan of Proposed Land Swap Exhibit H - Proposed Legal Descriptions Exhibit 1 - Proposed Floor Plans Exhibit J - Proposed Elevations II M>5-31I2 May 16,2005 Page 3 of8 Exhibit K - Aerial Photograph Showing Average LfJeeshore Setback Exhibit L - Photographs Exhibit M - Adjacent Property Owner’s Acknowledgment Forms Exhibit N - Property Owner’s List Exhibit O - Plat Map Background The applicant has met with stafT regarding the desire to construct an attached garage to the existing home, and in conjunction with the garage addition the applicant would like to remodel and add onto the existing home. In order to propose a garage addition it became apparent to the applicant that additional property would need to be obtained in order to avoid requesting a side yard setback variance. Staff advised the applicant, with regard to the lot line re-arrangement, that equal amounts of land should be swapped so as not to make one lot more conforming in area while making the other lot less conforming in area. Staff also advised the applicant to obtain enough land so that the 10 ’ required side yard setbacks could be met and therefore elimifiate the need for an additional variance. Lot A nalysis Worksheet Lot Arca/Width LR-IB Lot Area Lot Width Required 43,560 s.f. (1.0 acre)j *40 ’ Actual 14,489 s.f. (0.33 acre)58* @ shoreline; 45.5’ @ 75’ setback Lot Liae Re^Arraniemeat Lot Existing Area Existing Width Proposed Area Proposed Width 4480 Forest Lake Landing 14,489 s.f.58’-shoreline 45.5’-75’ SB 14,882 s.f.56’-shoreline 45’-75’ SB 1090 tVildhuist Trail 20,505 s.f.57’-shoreline 63 ’-75’ SB 20,116s.f.60 ’-shoreline 65’-75’ SB Setbacks LR-IB Required Existing Proposed Front N/A N/A N/A Rear/Street 30 ’7.8 ’ house 10 ’ attached garage Left Side (north)10 ’8.7 ’ house 9.5’ detached garage 10 ’ Ri^t Side (south)10 ’9.8 ’ detached garage 14.5’ house 14.5’ house MOS-31 12 May 16.2005 Page4or8 Lakeshore 75’ 190’± detached garage 230’± house 215 ’:!: house 205’± deck 190’± patio Average Lakeshore -115 ’-155 ’(north to south)conforming conforming Total Lot Area Total Structural Coverage 14,489 s.f. (0.33 acre)Allowed: 2,173.35 s.f. (15%) Proposed: 2,463 s.f. (17% ba^d on 14,489 s.f., 16.5% based on 14,882 s.f.) Existing: 2,003 s.f. (13.8%) 4480 Forest Lake Landiog - Hardcover Calculations (existing percentages will be based on the zone square footages p: e-lot line re-arrangement; proposed percentages will Hardcover Zone Total Area in Zone (existing/proposed) Allowed Hardcover Existing Hardcover Proposed Hardcover 0-75 4,134/3,834 s.f.0 (0%) 0 s.f.* (0%) 0 s.f. (0%) 75 - 250 7,758 / 7,?74 s.f.1,940 /1,9-?4 (25%) 3,165 sS* (40.8%) 2,131 s.f. (26.7%) 250-500 2,597 / 3,074 s.f.779 / 922 (30%) 1,425 s.f.* (54.9%) 1,845 s.f. (60%) * After exclusion of fabric or plastic-lined landscape beds 1090 Wndhuiat Trail - Hardcover Calculations (existing and proposed percentages Hardcover Zone Total Area in Zone (existing/proposed) Allowed Hardcover (a.f.) Existing Harucover Proposed Hardcover 0-75 4,491 / 4,661 s.f.0 (0%) 0 s.f.* (0%) 0 s.f. (0%) 75 - 250 12,210/12,159 s.f.3,053 / 3,040 (25%) 5.591 s.f.* (45.79%) 5,591 s.f. (45.98%) 250 - 500 3,804 / 3,296 s.f.1,141/989 (30%) 825 s.f.* (21.69%) 825 s.f. (25.03%) *After exclusion of fabric or plastic-lined landscape beds Front Y ard Setback V ariance The applicant has proposed to construct an attached garage and remove the existing letached garage located on the lake side of the lot. Due to the location of the existing ne, 7.8* from the front property line, the applicant has requested approval of a ^1^.; ___ft. «^0S-3il2 Muy 16,2005 Page S of 8 variance to permit a 10* setback when 30’ is normally required. A 30’ setback for an attached garage to the existing home would not be attainable. Hardcover V ariance The applicant is proposing hardcover variances for the 7S’-2S0 ’ zone and the 250 ’-500 ’ zones to permit 26.7% and 60% when 2S% and 30% are permitted and 40.8% and 54.9% exists respectively. These percentages are based on the property areas should a lot line re-arrangement be permitted. The applicant proposes to remove the existing detached garage and the bituminous drive that currently serves it, and to add an attached garage and living additions to the existing footprint. The applicant proposes to construct an additional story and a half to the existing single story and also to add a lake side deck and use the existing detached garage slab as a patio. This results in a net hardcover reduction of 647 s.f. on the entire property, consisting of removal of 1,067 s.f. of hardcover within the 75’-250* zone and the addition of420 s.f. of hardcover in the 250 ’-500 ’ zone. It is also pertinent to show how the hardcover percentages for the lot at 1190 Wildhurst Trail are affected, as this is the lot included in the lot line re-arrangement. Hardcover within the 0-75’ zone will remain conforming at 0% where the hardcover percentage for the 75’-250 ’ zone is going from 45.79% to 45.98% and in the 250 ’-500 ’ zone from 21.69% to 25.03%. While the 0-75’ zone and 250 ’-500 ’ zones will remain conforming, the 75’-250 ’ zone would rise O.Wo or approximately 6 square feet using the post lot-line re-arrangement areas. Structural Coverage V ariance The applicant is also requesting a structural coverage variance to permit 16.5% structural coverage when 15% is normally allowed. The 16.5% is based on the lot area if the lot line re-arrangement is accepted. If a lot line re-arrangement were not accepted, the proposed structural coverage would be 17% with the current plan. The proposal includes 2,233 s.f of house footprint and a 230 s.f. lake side deck. Currently, the lot is conforming at 2,003 s.f of structure or 13.8%. Hardship Statement Applicant has provided a brief hardship statement in Exhibit B, and should be asked for additional testimony regarding the application. Hardship A nalysis /« comlderlHg appikalloiafor variance, ike Hanning Conunbshn shall consider the effect of the proposed variance upon the health, safety and welfare of the conununlty, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safely, and the effect on values of property In the surrounding area. The Hanning Commission shall consider recommending approval for variances from literal provisions of the Zoning Code in Instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and shall recommend approval only when It Is demonurated that such actions will be In keeping with the spirit and Intent of the Orono Zoning Code. Municipal Sewer Location A Lot Width Impacts Stair finds that a hardship is inherent to the land based on the location of the existing ^05-3112 May 16,2005 Page 6 of8 sewer line, which runs diagonally through the center of the lot, and also the location where the side lot lines pinch together at a width of 33 feet. These two factors alone push any structure to the back third of the lot. This is because nothing can be constructed on the lake side of the sewer line due to the 75’ required setback, and more rcstrictively, the average lakeshore setback. Beyond establishing that a hardship exists inherent to the land, the next step is determining what variances and what level of variances should be granted in order to alleviate the hardship. Setbacks Staff would determine that there is ample width on the back third of the lot and therefore no side setbacks should be granted, nor is the applicant requesting any. Secondly, the existing setback to the rear/street yard is 7.8 feet when 30 ’ is normally required. It would be standard practice for the Planning Commission and City Council to not allow any further encroachment than existing. The applicant is doing this by proposing a setback of approximately 10 ’. The proposed attached garage is 24’ x 25’. Based on that size garage, tl^ 10 ’ rear/street yard setback is the greatest that can be obtained without encroaching on the 10 ’ requir^ side yard. The limited factor of the substandard rear/street yard setback is the location of the existing house. Staff would suggest that due to the level of work proposed, the City may be better served if the applicant were to propose an entire rebuild udiereby a narrower home with more depth could achieve a setback greater than existing, rather than granting a front yard setback variance for an addition. This is not to say that some level of rear/street yard setback variance would not be supported, but 10 ’ probably isn’t the correct number. It should also be noted, with respect to the requested street/rear yard setback variance, that an extra*ordinary amount of boulevard exists on the applicant’s side of Forest Lake Landing. The road is platted at a width of 60 ’ and only 20 ’ is paved. The road is also not centered within the 60 ’ platted area, resulting in an undevelopeu right-of-way in the front of the applicant’s lot of 18’ to 20 ’ when 10 ’ normally exists. This is acting as a front yard for the applicant and lessening any negative impacts of a reduced, unobstructed front yard. The Planning Commission may or may not take this into account in determining wlwther to grant the requested rear/street yard setback variance. Hardcover The applicant is also requesting hardcover variances for the 75’-250 ’ and 250 ’-500 ’ zones. Based on the proposed calculations and footprint, staff would recommend no variance be granted for hardcover above 25% in the 75’-250 ’ zone. I'his is because the current proposal requests 26.7% including a 475 s.f. patio and 230 s.f. of deck. To get to 25% would mean a reduction of 137 s.f, which is minimal. It is more likely that a hardcover variance for the 250 ’-500 ’ zone is more reasonable. If the Planning Commission determined that the proposed addition/remodel project is acceptable, staff doesn’t see any potential reductions in unnecessary hanJeover making up the 60% proposed in this zone, although reasonable reductions even below 25% for the 75’-250 ’ zone could make up for some of the overage hardcover in die 250 ’-500 ’ zone. 1 r W05-3II2 May 16,200S Pate 7 of8 Structural Coverage Lastly, the applicant is requesting a structural coverage variance to permit 16.5% when 15% is normally allowed. The percentage proposed is based on acceptance of the lot line rearrangement where 17% structural coverage would be proposed with no lot line rearrangement. The footprint proposed is 2,233 s.f which would meet 15%, however with the addition of the 230 s.f. deck, a variance is needed. Staff would recommend denial of this request as the house footprint can be reduced to allow for a deck. The existing structural coverage level is conforming at 13.8%. L ot L ine Re-A rrangement In an effort to construct an attached garage, the applicant has proposed a lot line rearrangement that would result in 393 s.f. of area being added to the applicant's lot and 389 s.f. of area is subtracted from 1190 Wildhurst Trail, which is the lot to the direct north. Staff has suggested that equal amounts of area be traded so that neither lot becomes more or less non-conforming in area than the other lot. This remains staffs reconunendation. An additional concern with the proposed lot line rearrangement is that the applicant’s lot will be losing 2 ’ of width at the lake where 140’ is normally required and 56’ would be proposed. The lot to the north will be gaming 2 ’ of lakeshore where a non-conforming width of approximately 57’ currently exists. Staff would recommend that a rearrangement be explor^ whereby no lakeshore is traded, or equal amounts are traded, as both widths are currently non-conforming. The rearrangement as proposed also results in an increase in 1190 Wildhurst Trail’s 75’- 250’ hardcover slightly. There are no variance records on file for this lot and .staff would hesitate *o recommend that the City formally grant a variance permitting almost 46% hardcover when 25% is normally allowed. Lastly, because a lot line rearrangement request is considered a subdivision, staff would recommend that a utility easement be obtained over the existing sewer line. A force main and gravity line run parallel to each other and an easement 20 ’ centered over the two lines should be required. This includes both lots involved in the lot line rearrangement. The applicant should be questioned on whether 20 ’ easements can be obtained over both lots. Obtaining a 20 ’ easement centered over the line puts the southeast comer of the proposed lakeward addition within the easement. This should be revised as no new structure should come within 10’ of an existing sewer line. Issues for Consideration 1. Should this application be reviewed as a rebuild? 2. Can structural and hardcover reductions be attained? 3. Should the location of an existing structure that is being remodeled act as a hardship for locating new stracture? Further, could a more unobstructed front yard be attained if the applicant approached the project as a rebuild? 4. Should equal amounts of area and width be traded so that no lot becomes more or less mm #05-3112 May 16,2005 PagfOofO non-conforming than currently? 5. Should a 20 ’ sewer easement required? 6. Are there any other issues or concerns with this application? Staff T«ecommendation Table the applicant to allow the applicant to revise his plans incorporating the recommendations noted throughout this report. '• -i F '■■A ' ■■ ■ v'f’- ■ - • •.T-.i. ;■ , ■ ■ : - • I i ) •t" SrT's P-A 1' '■ i' ■'.# -5 -. 'rtF*'v F‘- rrn-rnu if* fc I" r*'^ h »ft ^ ^ M)5*3II2 May 16«200S Page 2 of8 Pertinent Zoning Ordinance Sections Sec. 78-330. Area, height, lot width and yard requirements. Lot Arts (ocro)Lot Width (fc€t)Front Yard (feel)Side Yard Adjacent to Another ix}{ (feet) Rear Yard (feet)Side Yard Adjacent to Street (feet) 1 140 35 10 30 35 (Code 1 984, § 10.24(5)) 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. (OkI. N o. 101 2nd scries, § 1( 10.56(16)(L)), 2-24-1992) (1) (2) Sec. 78-1403. Lot coverage. In all zoning districts, for all lots of O-1.99 acres in total area, the total combined footprint areas of all principal and accessory structures shall not exceed 15 percent of the lot area. Exception: Regardless of lot area, every developed lot shall be allowed at least 1,500 squarr feet of lot coverage by principal residence and garage structures. The following shall be included in calculation of lot coverage by structures: All roofed structures more than six feet above grade level. Tennis courts, patios, decks, and all similar open structures when partially or fully enclosed by fences, railings or walls which extend more than six feet above grade level (If any portion of such structures extends more than six feet above grade level, the entire structure shall count toward lot coverage). Building protrusions which are more than six feet above grade, including the building footprint, and the vertical projection of any parts of the building more than six feet above grade. Bays or bay windows that increase the floor area (i.e., floor to ceiling) shall be considered lot coverage. Bays or bay windows that act solely us a window shall not be considered lot coverage. All but the outer two feet of roof overhangs shall be included in the calculation of lot coverage. (Code 1984, § 10.03(14XC); Ord. No. 215 2nd series, §1,3-11-2002) List op Exhibits Exhibit A - Applications Exhibit B - Hairiship Documentation Form Exhibit C - Existing Survey Exhibit D - Proposed Survey Exhibit E - Hardcover Calculations for 4480 Forest Lake Landing Exhibit F - Hardcover Calculations for 1090 Wildhurst Trail Exhibit O - Site Plan of Proposed Land Swap Exhibit H - Proposed Legal Descriptions Exhibit I - Proposed Floor Plans Exhibit J - Proposed Elevations fc City of Orono Subdivision Application exhibit a ^net Address: 2750 Kelley Parkway Orono, MN 55356 Main: 952-249-4600 fax: 952-2494616 Mamt}g Adrkess: P.O. Box 66 Crystal Bay, MN 55323-0066 This application form must be completed in full. Application# ^ t*. ‘^U^_ Date Received: Amount Paid: / jj Staff: ,JmW Fep’ Renewal: mammmii mk fv H. PROPERTY INFORMATION: ^ Site Address; W ^Ct/2£ST’A/}>0£>/a:^C Property Identification Number (PIN): CT> - /('f - ZA - "2M - oe>t-f‘2^ (Attach legal description to application if not included on the survey.) bate Property Acquired (month/year): Ffeg /99Z. □ Abstract or^ Torrens, please check one Present use of property: J^Residential □ Other ________________________________ Zoning District: /jg - ________ APPLICANT INFORMATION: (Complele legal names and marital status required for each interested part; Name;LpMj^__csiAcky rr Phone (home): h interested party) Address: TtmAAJt Email: A-irTide- r" Phone (work): __ Fax: 6,/z ‘ LT77 - OWNER INFORMATION: (Complete legal names and marital status required for each interested par(y) Name;COA€jO ■•^rx»c^y :^ycj4aprn7^rr Phone (home): 9.0, - Address: /^rJiU TimA^jt Pi/v^ Email: Atf. Phone (work): EXISTING LAND USE Number of Tax Parcels Development Size: Fax: 6ai2 - 90/- /y\A) I Acres Dry Land Acres Wet Land Acres TOTAL, all parcels Present Use (check one) Present Zoning District ^ Residential; Number of Units; □ Other: (Spedfy) ■T f jAA Proposal: □ Division for Tax Purposes ^ Lot Line Rearrangement Only (no new building sites) □ Subdivision for New Building Sites Number of Building Sites ___________ExisUng Units New Units Proposed Gross Density Minimum Lot Size Proposed Use (check) Total Units Units per Acres Residential □ Other (specify) -10- Square Feet Dry Buildable Land ^ 1 l-i r‘-> p.^7 ilMmUM MATERIAL REQUIRED FOR COMPLETE PREUKMNARY APPLICATION 1 . Payment of fees (refer to ‘appNcation fees* listed below). 2. Completed application form. 3. Preliminary plat information on Certificate of Survey. . Certified Property Owners List of owners within 350* (you must obtain this list from Hennepin County Department of Finance, Government Center. A-603 300 South 6** Street, Minneapolis, telephone 612-34^5910). As an addertdum to this application, please attach a separate list of any other persons you wish notified of this application. * S. limiMUM MATERIAL REQUIRED FOR COMPLETE FINAL APPLICATION 1 . Payment of fees (refer to PreHmmary Subdivision Approval resolution and park fees if applicable). 2. Sig^ Certificate of Survey or mylar copies of formal plat 3. TMe opinion. 4. Easements, covenants, etc. 5. Developers Agreement and Letter of Credit. APPUCATIOW FEES (Zoning Administrator to check [X] those which apply) ^ ^*siS3!ptonRwSinCia8SI. 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/iot (Class III & all non-residential) ___Final Plat Application (Class III) $250.00 ___Legal Review and Filing: ____ Subdivision only $140.00 ____Subdivision wfeasemenis and covenants; minimum $280.00 any additional costs TOTALS ___Park Fees (to be determined per Section 82-227) ___Legal and Engirteering Review Fees (as incurred) ___Renewal of Class I, II, & III Subdivision and of a Lot Line Rearrangement Application $300.00 B. Special Improvement Fees: 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 CNy to Accept Existing Private Road $950.00 Proposed Sanitary Sewer Main Extension $275.00 $25/stub _ Proposed Watermain Extension $275.00 * $25fstub 3 Proposed Storm Sewer System (excluding culverts) $250.00 ~ Ort-SNe System, SHe Evaluation Review (applicable to rural subdivisions) $60/per lot x new lots C. FlaxHMe Application Fees/Miscellaneous Fees ___Variance $600.00 ___Vacation of Public Road $75 per benefiting property ($600 minimum per application) ___Easement Vacation Associated with a Subdivision $100.00 ___PRO 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 nec>?ssary to process this application and further agrees to pay all additio^fees established by ordinance Applicant's Signature: Owner's Signature: Date; Date:— /V|47_ ^ Applicant must have ail submittals into the City Office 25 days before the Planning Commission meeting. Planning Commission meetings are held on the third Monday of each rrKNith. Applicants must be present at all scheduled review meetings of the Planning Commission and Councii. 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. •11 M 'f! • * • i. « City of Orono Variance Appiication Street A<kkoss: 2750 Keiley Parkway Ororw. MN 553S6 '''a Main: 952-249-4600 tax: 952-249-4616 MalKng Address: P.O. Box 66 Ciystal Bay. MN 55323-0066 Application# ^ Date Received: Amount Paid: i Staff: JMdiaF Fee: $600 Renewal: $300 After-the-fact: $1,200 Double Fee This application form must be oompleled in tall. Applicant will be notified within 15 days as to the status of the application. Incomplete applicationa will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: Site Address: fToJi^sr- (AkJe LA-KShJA^r^______ Property Identification Number (PIN): p-y - r/ - Z3 ~ Z*-f ^ (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: At Residential □Other ________________________ Zoning District: ■ / A________ APPLICANT INFORMATION: (Complete legal names and marital status required for each interested party) Name: ^3t4 cZV /T"__________ Phone (home): 9S2- 9W- Phone (work): (0/Z - 9Li - yo Address: _________City: Zip: Email: g. A-rT. /J£T~Fax: OWNER INFORMATION: (Complete legal names and marital status required for each interested party) Name: CoA£j^ Ar^cs /7~_______________ Phone (home): 9.<2» AJdrf-ss: 'T‘jasAaA. Email: n> At7~. iOg7~ Phene (work): _____ ______City: ______Zip: ______Fax: 677-. DESCRIPTION OF REQUEST: Estimated Project Cost $ ^ orr., oc Describe the request in detail (attach additional sheets if necessary): __iJfci. husA________________________ f-ttarA t- i ~ /Jiand t uyiongy yyrr G U.; « J 1 REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. Pre-Application Meeting Form, completed by a City Planner. CT' Compiieted Application Form St' Completed Hardship Documentation Form Certified Property Owners List - owners within 150' of the subject property, labels and plat map. List, iabels arKi map may be obtained from Hennepin County Department of Finance, Government Center. A-603 300 South 6** Street, Minneapolis, telephone 612-348-5910 ta 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 ir X ir for reproduction. u Completed hardcover calculation worksheets (as provided within the variance packet). □ Topographic survey - including existing and proposed elevations. Provide one copy 8.5" x 11* orirx17"for reproduction. □ Sketches or plans of floor and elevation views (provide one copy 8.5” x 11* or 11* x 17"). □ Additional items may be requested by City Staff depending on the scope of the project. * APPLICANrS ACKNOWLEDGEMENT: The applicant hereby agrees to provide all information required or requested by the Planning Department, agrees to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. The applicant recognizes that he/she Is solely responsible for submitting a complete application being aware that upon foilure to do so, the staff has no aKemative but to reject K until it Is complete or to recommend the request for denial of the request regardless of its potential merit. Applicant's Signature: Applicant's Signature: Date: Date: OWNER'S ACKNOWLEDGEMENT: The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents. Commission & Council Members for purposes of investigation and verification of this request. Owner's Signature: Owner's Signature: Date: Date:^ <2=0.^ Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are normally held on the third Monday of each month. Applicants must be present at ail 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. II n tt ’ 11 HA---------it City of Orono Pre-Appiication Meeting Form (This form Is to be completed by a City Planner during your pre-application meeting.*) StnetAddnaa: Mailing Address: 2750 KeHey Parkway P.O. Box 66 Orono, MN S53S6 Crystal Bay, MN 55323-0066 Meeting Date/Time: For Office Use Onlv: City Planner Main: 9S2-24(M60( Fax: 952-2494616 PC Date: MM PO IMMif fo thm purfi099 of d pn^ppUcatlon 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 INFORMAT ON: Site Address: HOftO fbrUH Property Identification Number (PIN): _______________________ Zoning District:Size of Property: ASCRIPTION OF REQUEST: 'piyxA Line Rearrangement □ Sketch Plan Other □ Preliminary Plat/Subdivision □ Final Plat I am aware that it is my responsibility, as the ‘applicant ”, to contact additional jurisdictional authorities and comply with all applicable regulations in conjunction with City of Orono approval of my proposal. p ^ Applicant’s InMala: OTHER INFORMATION: *Please note: Your subdivision application wiii NOT be accepted without a pre-application meeting during which this form will be completed by City staff. Applicant Signature Date: *Xjo — •-Zoo ^ -9-// J r V ..1 e w—«ifc:»4a 1*<,'0 « City of Orono Pre-Application Meeting Form (Thij form Is to be completed by a City Planner during your pre-application meeting*) Stmet Address: 2750 Keltey Parkway Orono, MN S53S6 MaOkig Adrkoss: P.O. Box 66 Crystal Day, MN 55323^)066 ft A At ^ #^Pt # Main: 952-249-4600 Fax: 952-24&4616 City Planner: ___y/AM^-/ Meeting Oate/Time: PC Date: MAY FrS NU f /I^Yf ~ \Mmt Im th% purpof of a proopplIcaOon moating? Pre-application meetings aid the applicant in preparing a complete proposal, inform them of the procedures and requirenwnts of the city code, and identify policies or regulations that create opportunities or problems for the proposal. PROPERTY INFORMATION: Site Address: QQiO PtfUi t Lti Ul\A!ih/j Property Identification Number (PIN) ____ Zoning District: iJL^\k Size of Property: DESCRIPTION OF REQUEST: □ Average Setback □ Side Yard Setback □ Rear Yard Setback |jHardcover;75-2^ 0101 Coverage □ Lot Area 'Bother: ^J^Front Yard Setback □ Lot Width Applicant’s QCl HARDSHIP: Applicant has received the Hardship Documentation Form, Initials: urnlerstands it as It has been explained to them, and is aware that It must be completed and submitted in conjunction with their formal variance application. OTHER INFORMATION: *Please note: Your variance application will NOT be accepted without a pre-application meeting during which this form will be completed by City staff. Applicant Signature:Date: '2-0— M e~i) ft-O) '■ • ‘I I - . 's' c.:. f, u‘'^y i£L j F EXHIBIT B Hardship description at 4480 Forest Lake Landing Introduction: 4480 Forest Lake Landing is an irregular hour-glass shaped lot. Because of lot shape, set back and hard cover requirements the building site for this lot is located near the street. The usable building location on the land is further reduced and squeezed to the North side of the lot because the property is sliced by a city sewer line for which the city has no easement. In addition, the slope of the Forest Lake Landing street, the current driveway and the elevation of the garage cause the driveway and garage to flood with water every time it rains. The current garages are short in length and only have 6*-6" garage doors which many vehicles do not fit including my wife’s mini-van. Additionally the detached garage has becor.<c unusable for cars since die neighbor at 4470 Forest Lake Landing built a fence and removed their portion of the shared driveway. 1) **The property in question cannot be put to reasonable use if used under conditions allowed by the official controls ” • Garage anusable because of neighbor’s fence • Large driveway needed to get to garage if it is put in the back of the house • Forest Lake Landing floods my garage and di iveway when it rains 2) “The plight of the landowner is due to circumstances unique to the property and not creat^ by the landowner. • Fence installed by neighbor • City has sewer running through middle of property without and easement. • Hour glass shape of lot and setback / hardcover requirements puts the building location near the street • Forest Lake Landing drains into my driveway and garage. 3) “The variance, if granted, will not alter the essential character of the locality." • No, it will not. • The three neighbors next to the property (South, North and West) have signed documents supporting the project. The neighbor to the South has not yet returned his signed sheet. 4) “Economic considerations alone shall not constitute and undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter.’’ • Economics is not a factor in the above listed hardships. Further it is in the City of Orono’s best interest to have the issues listed above fixed and or improved. 5) “Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered "I'l •K *• N O' 7/r..a -* — I i :> construction as deflned in Minnesota Statutes, Section 116J.06 Subd.2, when in harmony with this Chapter. • The project has not active solar energy use planned. 6) “The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chi^ter for property in the zone where the affected person ’s land is located. • Single family use is all that is being requested. 7) “The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.” • Single family use is all that is being requested. 8) “Special conditions iqrplying to the structure or land in question are peculiar to such property or immediately adjoining property.” • FeiKe installed by neighbor • City has sewer running through middle of propeity without an easement. • Hour glass shape of lot and setback / hardcover requirements puts the building location near the street. • Forest Lake Landing drains into my driveway and garage. 9) “The conditions do not iq)ply generally to other land or structures in the district in which said land is located.” • This IS correct - the listed hardships are unique to this property. 10) “The granting of the rqiplication is necessary for the preservation and enjoyment of a substantial property right of the applicant.” • This is correct - the property is not very usable the way it currently is configured. 11) “The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code.” • No, granting the variance will not be a negative against the Zoning Code. 12) “The granting of such variance will not merely serve as a convenience to the ^licant, but is necessary to alleviate demonstrable hardship or difficulty.” • The listed hardships are real • The hardships are unique to 4480 Forest Lake Landing. • We need the City’s Ixlp and approval with the variance to properly use the land and make the required improvements for the neighborhood. • : I ADVANCE SVEVSnNO A BNOlNEBMtNG Ctt MtaMikWIllM R.(W)«Mtir ■I STACMT SOMENZEIT \ik7m. Nrl: HWAiiigBHiUiilM^NlkMI^ 9mk f^m^n I llftairuiT. UlY.1l r ^^i^!iSSm!SSSmS!iSStm^^ tlUtiTBiilMY.i Ml c; Ilml (Ss wJiiWftfcw y A ■'•ic .<■ f v> 4(0^ > - ' »V ’ t Y mkA •5-.. >'>: ••■V ■ : V ■ '■ . ,i,% • ----'v ; - •..•• ••. -v.-- • ••••• ^.^4, ••■■■•,■■■ ••■’ V .5 Iti T,-', ■i ■I s.:;-v •Vi: ''W ^sesBes'iMJ llXMlBITD ADVANCE SURVEYING A ENGINEERING CO. Mlt.»q^l^liC MtaM^MUSMI tkErn^mmim taPfl)4Mntf mmmtm STACST SCBOBNZEiT ownDtjPii^m ;A#CMI.iilMMirM,mmm '.tm9kirn$m^m\ MiTl lferl;nMA.I fmh n«|Miri rtifcii^y, ■ iT«MUl7.S4 ifftitailiiB l»l r«raML«y:i itTaMlMiMblSi UiT.1^ •rpi ifallUiT,* wmHt IpMtfl iflftMiitepri IlftasfaMUif. •Itekifeiil IfftnMi ItoMptiftw hnktel«rf » Mil an «Mlili l3^^5!i55=aSa sa. 5S5r«laai*alili«lMl«i laiPPi Hippiii^ tf fMaa II jHl«a ilwataiiill 5_ii S- ‘ I • HARDCOVER CALCLT«^TION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 75-250* 250-500* tf; gABDCOVER IN ZONE EXHIBIT E 50O-10C0* A. House Lsifdi wieai X X X a Genie • • • •t C Dfwwv X X D. SUiwtik X X E. Pado/Dedc X X F. Laodictiit Undcrixin By PUitte X X X Q. OdMT TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE-^ . ^ + B a.n^X too PBOPOSED HARDTOVER IN ZQMt A H««t__________— *WMii B. Caiflie C Dfivtwxy D. Skirvaik E. Patia(Dcd(X X F. Laadtop* Undvlita By PiMie X X G. Otittr total HARDCOVER IN ZONE total property AREA IN ZONE ♦ B ____X 100 fl I; ;! -2p7r 4>-V, S.F. SJr. SJ. EF. SJ. SJ^. SJ». SE. S.r. S.F. SE. S.F. SJ. SE. S.F. S.F. A ii: B % S.F. ST. S.F. S.F. S.F. iF. ST. ST. ST. ST. ST. ST. ST. ST. ST. • ST. A ”ST. B " % G ^ h>^'^^^^'^JScD^\rSL CALC\iLATlO^ WORKSHEET SETBACK ZOhTi (CIRCLE ONE) 0-7F T5-«0'2S»-50tr Alsu rvn HARDCOVER TN ZQW£ A. Kcust H\6± X X X B. Cflngs • • • • C Drivtwty X X D« Sidtwtik X % E Patk/Deck X X F. Uodtriaia By ^lastie X X X G. Other TOTAL HARXXIOVER IN ZONE Tq^^PERTY AR^ m . I» PROPOSED HAttDCQVER IN ZONE A« House WMIl X X X X X D. Sidewalk X X E Pado^Diek X X F. Lttubcape Uodertain By Plastic X X X 0« O&er total hardcover in zone total property area m zot^ + B V77y-.«100 X' suu-iuuu' S.F. SJ. SJ. S.F. S P 42^SJ. .SJ'. S.F. SJ^. SJr. SJ. S.F. SJ. SJ- SJ. SS. A s.r B iOM^ &F. S.F. S.F. S.F. S.F. S.F. SJ. SJF. SJ. 33uzr SJ. SJ. SJ. SJ. SI. S.F. A S.F. B K 2U-T > .4;; ^*’^^*^^^^jScOvSf*CALCLXATIO^* WORKSHEET 10^0 exhibit f SETBACK ZONE: (aP wLEONE) EXISTINQ HARDCOVER IN ZQNg A. House HARDCOVER CALCULATION WORKSHEET 7MS0* 2S04W0* LangVi B. Oarage C. Driveway D. Sidewalk E. Patiori>eck F. Landscape Underlain By Plastic O. Retaining Wals H. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A PROPOSED HARDCOVER IN ZONE A House _ _ _ _ _ LangOi B. Garage C. Drivewi^ D. SMewalc E. Pado/Dack F. Landscape Underlain By Plastic O. Retaining WNIs H. Other PCQVE X X X X X X X X X X X B X X X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _____________♦ B •1000* ss s xlOO WhW) XlOO slihjlriii'iilnijnii JL 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 mM 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. A J I M IO7U I KM U I HARDCOVER CAL SETBACK ZONE: (CIRCLE ONE) 0-7S* EXISTING HARDCOVER IN ZONE A. House LangSi B. Garage C. Driveway D. SMawaic E. PaUa/Dack F. Landscapa Underlain By Plastic G. Retaining Walls H. Other PROFOSEB HARtX^VER IN ZONE A House _____________ LmiqIi B. Garage C. Driveway D. SktewaA E. Pal F. Landscape Undartain By Plastic O. Retaining Walls H. Other X X X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A t ♦ B X X X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A )^ 0 TION WORKSHEET 250-500* 500-11 S.F. 7.5^ T-S.F. S.F. S.F, aw 3 y S.F. S.F. ss 'T-'l I S.F. S.F. S.F. S.F. 8 S S S.F. S.F. S.F. S.F. S.F. I-LXIO X100 ® CS“^i S.F. A A!Lr]LlC^S.F. B S.F. Width 8 'T-S ? S.F. <-t 5-3 S.F. S.F. 8 a S.F. S.F. 8 8 7.->l S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. smi \ijs4 liji S.F. A B xlOO » 1 0^0 W\L0H^iusT HAROCOVER CALCULATION SETBACK ZONE: (CIRCLE ONE) 0>?V 7S*25IT EXISTINQ HARDCOVER IN ZONE A. House _____________ UngSi B. Oarage C. Driveway 0. Sidewalk E. PalkVDack F. Landscape Undariain By Plastic O. Retaining WMa H. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA ^ONE leOLUAB A House •:wi=R IN ZONE iMiesi B. Oarage C. Driveway D. SMawalc E. P) F. Landicapt Undariain By Piastfc O. RalaMng Wate H. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A X X X X X X X X X X X ^ B X X X X X X X X X X X lEET 500-11 < s n S.F. s S.F. s S.F. s S.F. -k^<r S.F. s S.F. s S.F. s S.F. a S.F. a S.F. «S.F. a S.F. mm S.F. S.F. a S.F. •S.F. A •lioW S.F. B xlOO »^ s m S.F. a S.F. 3 S.F. a S.F. 8 S.F. a S.F. a S.F. a S.F. a S.F. a S.F. a S.F. a S.F. a S.F. 8 S.F. Q S.F. SB S.F. A •S.F. B XlOO «ilO------’ % -50 <x^0«r' 25)0 SF Thispropeil/s lakeshore will be reduced from 63‘-0" to 60'-0" EXHIBIT G Current Inside comer of property 250 feet from OHW This wen needs to be added to the survey —' Forest Lake Landing Scale: 1" = 40 ’ - 0"Landewap rev 4 12-Apr-2005 LFS EXHIBIT H Legal Description for 4480 Forest Lake Landing and 1090 WUdhurst Trail Par 1; Tract A, Registered Land Survey No. 1472 Hennepin County, Minnesota. Par 2: That part of the Southerly IS feet of Lot 7, Tonkaview Gardens, Hennepin County, Minn;. Lying Westerly of the following described line: Commencing at the Southwesterly comer of said Lot 7; thence Easterly along the Southerly line of said Lot 7 a distance of 55 feet to the point of beginning of the line being described; thence deflecting left 104 degrees 54 minutes to the Northerly line of said Southerly 15 feet and there ending. Legal Description for 1090 Wildhurst Trail Lot 7, Tonkaview Gardens, Hennepin County, Minn., except that part of the Southerly 15 feet of said Lot 7, lying Westerly of the following described line: Commencing at the Southwesterly comer of said Lot 7; thence Easterly along the Southerly line of said Lot 7 a distance of 55 feet to the point of beginning of the line being described; thence deflecting left 104 degrees 54 minutes to the Northerly line of said Southerly 15 feet and thoe ending. NEW Par 2: That part of the Southerly 25 feet of Lot 7, Tonkaview Gardens, Hennepin County, Minn.; Lying Westerly of the following described line: Commencing at the Southwesterly comer of said Lot 7; thence Easterly along the Southerly line of said lot 7 a distance of 72.5 feet to the point of the beginning of the line being described; thence deflecting left 145 degrees 5 minutes to the Northerly line of said Southerly 25 feet and there ending. NEW Except: That part of Tract A, Registered Land Survey No. 1472 Hennepin County, Minnesota Lying Northeriy of the following line described: Commencing at the Southwesterly comer of said Lot 7; thence Easterly along the Southerly line of said lot 7 a distance of 72.5 feet to the point of the beginning of the line being described; thence Easterly and deflecting Southerly there ending. Easterly through a point that is 3 feet Southerly of the Northerly end along the N45D5dM43S-63.00 survey line there ending. V. :t: ■'1 -i -V ■ \-v: '. ■ ■■•••. • •• V-. :. •• Kiiili h-m f J*mm / / Note: Room Layout / ^' may change “ ~ r' wwwnr- I I I I I I -I ♦-I l-t t— I I I I II I I I I I I lllll#- I I I I I r^444^ ■ r 8ldrtoi / //m .*V-’ : • Sub level ' \ ■ "'V.l 12 - Gable top jt\ 35^'*'^ Gable halfway point 30’-#' 10 - Ref level _26>^"^r 09 I op ofw^ 25* - 0" ^ 08 - Upper levei ^ 17’/0" 07.5 - Bottom of floor 07 - Existing Top of —wa ll ^ ir-6^^vlr 06 > Main level 3' /B" 955.5 feet -----Gara ge floor j[n ^ 955 0 feet3’ - 0" ~EwslIhg"gra^e 952.0 feet 04 - wo level - ____ exi sting ^ ------------8' - 0" ^ \ 05 - Worksh'b^ -9' - 0"942.5 feet 02 > Sub Basement -19 ’-0"932 5 feet SOUTH Scale 1" ■ 10 ’-0* s H J mi NORTH Scale r-lff-O" _ 12-Gabletop ^ 35' - 0" Gable half way point ^ 30' - 0" 10 - Ref level ^ _ ~09 Top of waH~M 25’ - 0" 08 - Upper level ^ 1?y6^ 07.5 - Bottom of floor ^ 15'-6" ^ 07 - Existing Top of 11’-6" 06 - Main level 3>^6" = Garage^oor ^ Existing g^^ 955.5 f€ 3* - 0" ^955.0 ft O' - 0" 04 - wo level - 952.0 fc _____ewstin ------------8’ - C 05 - Works^lpp sting ^ '-O'* ^943.5 fe -9’ - 0"942.5 fe 02 • Sub Basement -19'-0" 932.5 fe ' ^ S ^«*u 1 />T 1«.'V 4^ «'3>«u <.1^B *i« 4/* • i« 4. I '*'^/ «. W.-' V ■'f .V M -d 12 - Gable to^ _ 35>4)" Gable half way point ^ 30'/40 --Ref'levelsy€^ 09 Top ofWiI ^ 25' - 0" 08 - Upper level ---------_47i-rt5^\jF 0/.5 - Bottom otHopr ^ 07 - Existing 15' - 6' “"well_4r\ 06 - Main level ^ *«_. 3. 5 — -Garage floor _ 3' _ Q” 955.0 feet Existin g gtaoe O'-O" ^952.0 feet 04 - WO level - existin g ^ 943.5 feet 05 - Workshppi -9' - 0"942.5 feet 02 - Sub Basement 4^ -19'-0" ^932.5 feet WEST Scale 1* ■ 10'-0* Gab le half way point ^ 07.5 - Bottom of floor 07-Existing 15’-6" wall 12-Gableto p ^ 35’ - 0" 30’ - O" 10 - Ref level 26' - 6" 09 Top ofWall ^ 08 - Upp.25’- 0^ ’ yn" ^ ir-6" 06 - Main level 3’ -.6’’955.5 feet Garaged oor •3’ - 0" 955.0 feet Existing gia ue ^ O’ - 0" 04 - WO level -952.0 feet existini r 05-Workshop — ®^3.Sfeet exi sting ^ —8' - O" ^ -9’ - 0" 942 5 feet 02 - Sub Basement -19 ’-0"932.5 feet EAST Scale r = 10-0* : J i:\iiinrrK O PI .4'v\ ' >■ V .Ife, ■' ^’ '4.' a:v.'^;-s*^kiyv lilk* / • *i«. F : iMd r . ^ .A r«p ‘il § 1^ LV‘ /'-wfh / N ^ ■A ■i 'M 1 V tt iMft* m:\^ O' A si 113 A '» ' . • V . •: ^ 'V <'H- I &;rX.xv'f-" ^Tffi■•> ix 'WM ''m II wm. mM- rm m-'*4 m it---"' ^ > : A&5.- '•?' • V T '•'^ '''i '" .■, ■ , 5 .:i *. '-^f-;, ust^;55% -J -5s wifr '-^\*'V i . . • • •• < ■ ... ». *V . -i v^ Her,;?-' .••■«s •<, ■'■ /V- ’.. " /• •: V-'’ . 5 ^rtV. '■ ■; •'. ■ ■ .V .411 ■• ? -.'.4 •'’ & V t (f ,S ''* I'.' S 3 ia»< A iii^i4»t.f. 1^!^''^''’’ ' *h’ ■;%■''-^.V ‘/i J> -. s#o'^\-'. :■ i j;. ■ •V .r '■• ' *. ; ?Ll L^* -. i-.- ’’-• > • • X;;%‘X% O ' ■-% -;: Wfli M '.-•..-I C:;u* ',v V ,- 'i»’ f • ^. ‘V < • f• ' -r ***' ^-uv*/■ -■ b ' ”~'•> • .•••.•• . vrt ;.. -.. • ^ .v<: . , ••■ V- •.•;■• • • V:X' -y- ' • •4^ f . *»>♦ y , ^1V - ■ V ii.-' ^ iLH •• • -.* - ■ '^' - nt' • ^ V 7^^ ' ’•• v5 m •• ■ ' ■■•- 5i 'i s •. ];- Vff- 1^ '.mu..-;■rKy jkmff^^ ^ • ‘-r. - ^. .' • >* V ■'I-' ■■ '3KE^.-' ' .--SKiWi' •■' ■I'r.i . ■ ■■'-:• m.* r.'vi.' - ^ » ' 'm*’' ‘'-' • • VJ..V.h' • C*>* •• ♦ • >. ■ ' • « • 4 l^.’:^' : X- '. • ;a': ..-M .Vrir. i,.. ^-ii-J. 3^ »l«k •■^■vkk '£je -'-r mm I ft1A ■'A-ZvV)T’imir. \ ‘ i\ '4J 1 ik: ‘'1.' •■■ ^13^- W- . . ; 'h. :•; '^.1 .',! ii- '■-' 'life .V. .ri- %\ •■4> >\ »<.:r '' '■ 'ii'T?■ -f- ••> -N I ■ O-** 4* m 1 't..ti '.■ vjr JL-.'*: v'‘^'?i3i|^2^’' ,1 . i ‘VV : >'^' i ,1}V, 05/0 Y’?A . ' :::>>;-ynJ W.y * -mMr''-<-\<m r - ^i'- -. I -T-' .75^.i‘%v ' . '•yi M m ; «l *i< W- i w ^/•'■9v«k' :a_ ■ I. tr.'-i^’-h-hsi rt I Tr Vfcit'ifiyUTlMi ■ivr'ii.i 11^k ■d: ■ l.ddsls^d. _ : ^‘ V.5^ . M .'^Vt I! :I .-«.CV '■'i - O’ •^’•»-. - ^ • - r>i-^2:-i i "•' - ^ -.H*-• T/J< r-i-rr- . ->* ••*. -‘V:/ •-.;.. ./ V :'-r’7^:v-^ :?• 4» M££. ^j^'. ’ A' >^'4ji - ■‘‘ / '' mm f * j W»! i^#l ipf ■•■ ii.V -'•- ''/. ' >./*' ^ u: 4 < yf ^a £^ j- i %m^r.. ■S' U^ {• ^ / ^ ?-.v^ r 4 -■^:>'V >-'.> ■ ■ f^fci^:: \e a>fe:icO^ ,/^. ’, T^' '*t^ ■« 't'^ '^’‘ ' m 5>!/’ ' / ', :,i '’^:^^m »/» ' V> r4 ' ly. V'*'^ . ^ ;^'c ‘ '' ' n r.Msi ' r ' 4 * '•V. .'U • ♦ tt?m ■ •V.^\ : •••■ •■■ »;.iv '■■<■•;«!■';■,■•o-'.'s exhibit m April 17,2005 Dear Orono Planning Commission: T ♦■X ■■fc ■is :v >: ..V • . . . . *: T. -r -T>. x>.^ >• V/Yi ;V >:.'■>/I » -v‘. • * >•. yi -‘/ '>• ' . • -i>'.';. ‘'i•'■:'• i!^'. : ;/ •i'-f. ••’ I’l; ■. ' >A <4^- . • • , > * ,• t * ’ r/:» w \ ‘ ^ '>{{ ^'*1 -^ * ■•*1 E.=-■ ; -; . '* . r,. •' ' ’ ^ f; ' »!■ { j ,^ . ■ «'* • *■ ji - I*, • ■ • ‘ b ' f^’vMrr.’i ;■ ip-' -’ ' ^ i i 'Ai * • {■ ‘ » ■ , •• •> Iw '» . f •.‘. *r. » .! 1 • ; . ;la^ . ♦. .1, • f , • • h ■.'I- - ■ .U ■; ; ■ I , ♦■ * i .j<\'• '• I • y V rt-ur>* Vt m* • -T ^ i,r^‘}mru ;;• ^ r-^•r fry' ii;-: *S:- We have seen the proposed project at 4480 Forest Lake Landing and we support its approval. We feel that the proposed project is of the proper appearance, size and scope that are qipropriate for the area and an enhancement for our neighborhood. We encourage you to siqipoit it within the planning commission and help it gain approval from the Ckono City Council. Further we have agreed to swap land with the property at 4480 Forest Lake Landing (pending city approval and completion of all required paperwork) as outlined in the proposed survey so the project can meet the City ’s setback requirements. \n4tvt^ Bradley 1090 Wiklhurst Trail lith m 1090 Wildhurst Trail r- . ,.■« -4^ '•V •-*. H. . i. L '■ : ..'‘‘■Kf, ■ n‘ r In!*:n iv' V.:?.. 1^1 • :U • !• ».•ifiiiriiiTi t.iTO7 -iff Oil 111 f.TWTWail*■ IW I . ' ■;■ ■ : ■ •:■■ ■■ l ■ v; -J .• • ■* .1 ;f:- V-;' -1^ ■ ■ ^v' RUN DATE :4/liaa)S 31 0711723130214 PROP ADOR 31 ADDRESS UNASSICNED OWNER NAME HENNEPIN FORFEITED LAND TAXPAYER CmrOFORONO NAME/ADDR POBOX04 CRYSTAL BAY MN 55323 31 0711723240005 PROPADDR 4445 FOREST LAKE LANDING OWNER NAME TIMOTHY MARK LEMBKE TAXPAYER TIMOTHY M LEMBKE NAME/ADDR 4445 FOREST LAKE LANDING MOUND MN 55364 31 0711723240016 PROPADDR 4450 FOREST LAKE LANDING OWNERNAME RLRVAWOLFF TAXPAYER ROBERT L R VELMA A WOLFF NAME/ADDR 4450 FOREST LAKE LANDING MOUND MN 55364 31 0711723240024 PROPADDR 4475 FOREST LAKE LANDING OWNER NAME J BLACKSTONE R G BLACKSTONE TAXPAYER X3NR GAIL BLACKSTONE NAME/ADDR 4465 FOREST LAKE LANDING MOUND MN 55364 3S 0711723240037 PROPADDR 4455 FOREST LAKE LANDING OWNERNAME SWRMJEROCSON TAXPAYER SANFORD R MARGARET EROCSON NAME/ADDR 4455 FOREST LAKE LANDING MOUND MN 55364 31 0711723240041 PROPADDR 1090 WILDHURSTTR OWNERNAME BRADLEY i R JUDITH A LARSEN TAXPAYER BRADLEY JR JUDITH A LARSB4 NAME/ADDR 1090 WILDHURST TR MOUND MN 55364 ‘A* •V......... HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST PAGE: 1 38 0711723130216 PROP ADDR 998 WILDHURST TR OWNERNAME RITA JANE ZEBECK TAXPAYER RITA JANE ZEBECK NAME/ADDR 998 WILDHURST TR MOUND MN 55364 38 0711723240011 PROP ADDR 1080 WILDHURST TR OWNERNAME PJRYSKAMPRLMVRYSKAMP TAXPAYER PETER R USA RYSKAMP NAME/ADDR 1080 WILDHURST TR MOUND MN 55364 38 0711723240017 PROPADDR 4440 FOREST LAKE LANDING OWNERNAME TUNERLUNE TAXPAYER TIMOTHY RLORIE LINE NAME/ADDR 4415 FOREST LAKE LANDING MOUND MN 55364 38 0711723240029 PROPADDR 1085 WILDHURSTTR OWNERNAME TROYKRSTACYSPULUS TAXPAYER TROY K R STACY S PULUS NAME/ADDR 1085 WILDHURST TR MOUND MN 55364 38 0711723240038 PROP ADOR 4465 FOREST LAKE LANDING OWNERNAME JONDBLACKSTONEETAL TAXPAYER JON D BLACKSTONE NAME/ADDR 4465 FOREST LAKE LANDING MOUND MN 55364 38 0711723240042 PROP ADOR 4480 FOREST LAKE LANDINQ OWNER NAME LOREN F SCHOENZEIT ET AL TAXPAYER LOREN F SCHOENZEIT NAME/ADDR 6416 TIMBER RIDGE EDINA MN 5M39 1^0 1 i1I »tvi 38 0711723130217 PROPADDR 1000 WILDHURSTTR OWNERNAME DAVID A MCINTYRE TAXPAYER DAVID A MCINTYRE NAME/ADDR 1000 WILDHURST TR MOUND MN 55364 38 0711723240015 PROP ADDR 4460 FOREST LAKE LANDING OWNERNAME PVMARTINSON/IMMARTINSON TAXPAYER PETER V MARTINSON NAME/ADDR 4460 FOREST LAKE LANDING MOUND MN 55364 38 0711723240023 PROP ADDR 4475 FOREST LAKE LANDING OWNERNAME J BLACKSTONE & G BLACKSTONE TAXPAYER JON & GAIL BLACKSTONE NAME/ADDR 4465 FOREST LAKE LANDING MOUND MN 55364 38 0711723240030 PROPADDR 1045 WILDHURSTTR OWNERNAME MICHAELVMCKENNEY TAXPAYER MICHAEL V MC KENNEY NAME/ADDR 1045 WILDHURST TRAIL MOUND MN 55364 38 0711723240040 PROP ADDR 4470 FOREST LAKE UVNDING OWNERNAME S E PRAWER & J C PRAWER TAXPAYER STEVEN E PRAWER NAME/ADDR 8313 W FRANKLIN ST LOUIS PARK MN 55426 38 0711723240043 PROPADDR 1131 WILDHURSTTR OWNERNAME STEVEN DBLUM/DEBORAH WBLUM TAXPAYER STEVEN D BLUM/DEBORAH W BLUM NAME/ADDR 1131 WILDHURSTTR MOUND MN 55364 S H Z r ■Kf #iV-^m-v*" .••®i'--2*-*>v. k'%mm ftUNDAT6;«ll/]ns HENNEPIN COUNTY PROTERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 31 0711733240044 PROPAOOR 1134 WILOHURSTTR OWNERNAME MICHAEL SWEAR* BRIT SWEAR TAXPAYER MKHAELSWEAR NAMWADOR 1134 WILOHURSTTR MOUNDMN SS3M 33 0711723240043 PROPAOOR 1006 WILOHURSTTR OWNERNAME CRAK) SCHERBER TAXPAYER CRAM SCHERBER NAME/AODR 1006 WILOHURSTTR MOUNDMN 33364 38 0711723240046 PROPAOOR 1074 WILOHURSTTR OWNERNAME ILONA3 PETERSON TAXPAYER KENNETH C PETERSON NAME/AOOR 1074 WILOHURST TR MOUNDMN 53364 38 0711723240047 PROPAOOR 4413 FOREST LAKE LANHINO OWNERNAME TMOTHY * LORE LINE TAXPAYER TIMOTHY* LORE LINE „ NAMWAODR 4413 FOREST LAKE LANDINCf^ MOUNDMN 33364 r I CERTIFY THATTHE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE OTTHE HEMfEPIN COUNTY TAXPAYER SERyiCES/DEPi^TMENTTl^ THJ^ES CHr MY KNOWLEDGE AND BELIEF. DATE ION AS IT APPEARS THIS DATE ON TH SERT^CES/DEP^TMENI^THJ^ES u .. . ; .. I M Y •y->” . ‘ ■ '■ I-Alf W. m: M 1--X » • i . »~~~------- mw MMMKOM »z. iBi r u dz • MH* MfPWlW I tr-»^ e t * ^ ^ 1 } lR-« $ 8-SX g I r-’ ■*.•' v: U-'* ______—^ L -8 8 'a ®“iSj . ^1 »1 I afi ( I* •! » «•8 i ii\s •^fl \ V.I ' ^ O % ^ ,v •v. ..**1 \ \ mtum 15 ^ 8? 8 i r Date Application Received: 4*2(MiS Date Application Considered as Complete: 5>23-05 60-Day Review Period Expires: 7-22-05 COl'Mru **cctimG JUL 1 1 2005 CITY OF ORONO REQUEST FOR COUNCIL ACTION Date: July?,2005 Item No.: ^ Department Approval:Administrator Approval: Name: Janice Gundlach^^ Title: City Planner Agenda Section: Zoning Item Description: #05-3113, Dennis & Amanda Walsh, 1354 Rest Point Circle, Conditional Use Permit for Bluff Restoration/Preservatiew Zoning District: Lot Area: Lot Width: LR- IB, One Family Lakeshore Residential District (I acre minimum) 0.72 acres (31,200 s.f.) 124* @ shoreline; 121* @ 75* setback (140* required) List of Eihibits A - ''Planting Plan ’* per PC Recommendation B - Notice of PC Action dated 6-21-05 C - PC Memo and Exhibits of 6-15-05 Appi^aiUm Summary: Applicant requests a conditional use permit in order to conduct land alterations within 75* of the shoreline consisting of a bluff restoration/preservation plan due to clear-cutting. This application is necessary in part to correct a violation of Section 78-1285 (b) of the Zoning Code and because of a condition placed on a hardcover variance approval noted in Resolution #5259 approved in December of2004. Planning Commission Recommendation The Planning Commission voted 5-1 to approve the concept of re-vegetating the bluff area without implementation of a new stair access pending submittal of a detailed “planting plan’* for City Engineer review and i^proval, prior to Council review. The applicant has submitted a planting plan for City Engineer review. As of the date of this report the City Engineer had not reviewed the plan or provided comments. City Engineer comments will be available at the meeting. Staff Recommendation Approve a plan consistent with the City Engineer recommendation. COUNOL ACTION REQUESTED Direct staff to draft a resolution approving a plan consistent with the City Engineer ’s recommendation. ' -I m ■4 I. •: • r’' ’ it ..t f! CTTYOFORONO 2750 KcH^ Parkway P.O. Box 66 Crystal Bay, MN 55323 (952)249-4600 ZONING FILE: OS-3113 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: June 21,2005 TO;Dennis & Anumda Walsh 1354 Rest Point Circle Mound, MN 55364 COPIES:Terry Sanders Natural Environments, Corp. 6098 Olsen Memorial H^vy Golden Valley, MN 55422 TYPE OF APPUCATION:CUP for 0-75 ’ Land Alterations DATE OF MEETING: June 20,2005 PlanniBg CoaiiBission recommended as follows: To i^)prove the concept of re-vegetating the bluff area without implementation of a new stair access, pending Ae following: 1. Submittal of a detailed ’’planting plan” for City Engineer review and approval. VOTE:FOR 1 AGAINST Applicant’s next meeting is tentatively scheduled for: City C<r'I sell - Monday, July 11,2005 pending submittal of a plan for City Engiitii^sr review; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission or Council minutes, they are available from the City Recorder after review and approval by the Planning Commission or Council. If you have questions, please call City Planner Janice Gundlach at 9S2-249-4623. • = • •••- i • : ■. ‘-.v. . . • : • *••• * • ' M5-3II3 June20.200S Page I of 3 Date Application Received: 4>20-0S Date Application Considered as Complete: 5-23^ 60>Day Review Period Expires: 7-22-05 To:Chair Rahn and Planning Commission Members Ron Moorse, City Administrator From: Janice Gundlach, City Planner Date: June 15,2005 Subject: 05-3113, Dennis & Amanda Walsh, 1354 Rest Point Circle Conditional Use Permit for Bluff Restoration/Preservation, Public Hearing Zoning District: Lot Area: Lot Width: LR- IB, One Family Lakeshore Residential District (1 acre min.) 0.72 acres (31,200 s.f.) 124* @ shoreline; 121* @ 75* setback (140* required) A/^kation Summary: Applicant requests a conditional use permit in order to conduct land alterations within 75’ of the shoreline consisting of 1) a bluff restoration/preservation plan due to clear-cutting and 2) construction of a new lake access stairway. This application is necessary in part to correct a violation of Section 78-1285 (b) of the Zoning Code and because of a condition placed on a hardcover variance approval noted in Resolution #5259 ^proved in December of 2004.________________ SU^ Recommendatiort: Staff recommends denial of the plans as currently submitted. From stafTs perspective the plans are inconclusive as submitted as tlie City Engineer is not able to conduct an appropriate review. Exhibits Exhibit A Exhibits Exhibit C Exhibit D Exhibit E Exhibit F Exhibit O Exhibit H Exhibit I - Exhibit J- Exhibit K - Exhibit L - Exhibit M Exhibit N - Application -Survey - Site Plan of Proposed Improvements - Section Views of Propos^ New Lake Access - City Engineer Comments - Photogn4>bs (taken in 11-2004) of Tree Cutting - Photographs of Bluff from Lake - Council Minutes dated 12-13-04 (from hardcover variance) Council Minutes dated 11-22-04 (from hardcover variance) Planning Commission Minutes d^ed 11-15-05 (from hardcover variance) - Hardcover Variance Resolution 5259 Approved in 12-2004 - Email Correspondence from Applicant dated 6-14-05 - Property Owners List - Plat M».’p Pertbicat Zoning Ordinance Sections Sec. 78-1285. Vegetation alterations, (b) Intensive vegetation clearing within 75 feet L #05-3113 June 20.2005 Page 2 ora of the shoreline, on steep slopes or within the bluff impact zone within the shoreland overlay district is prohibited. Limited clearing of shrubs and trees less than six inches in diameter and cutting, pruning and trimming of trees of any size is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of permitted stairways and landings, picnic areas, access paths, beach and watercraft access areas, and permitted lockboxes, provided that the screening of structures, vehicles or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced. (Oitl. No. 101 2nd series, § 1(10.56(16X1)), 2-24-1992; Ord. No. 127 2nd series, § 7, 7- 11-1994) Background The applicant appeared before the Planning Commission on November 15, 2004 and the City Council on November 22, 2004 and December 13, 2004 in conjunction with a hardcover variance request to construct an addition to the existing home. A site inspection was performed prior to the applicant appearing before the Planning Commission. During the site inspection staff discovered that the bluff area, within 75’ of the lake, had imdergone extensive vegetation removal in the form of tree cutting. While it was observed that no trees greater than 6 ” in diameter were cut, the amount of vegetation removal reached the level of “intensive vegetation clearing’’ which is prohibited by City Code Section 78-1285 (b). When this violation occurs the owner is responsible to submit a restoration plan for {q>proval by the City Council. Because the cutting was not observed and staff “stumbled” across it during a site inspection for an un related issue, rather than hold up the variance approval already in process staff determined that it may be better for all parties involved to address the violation at the time the house addition was completed. This way the applicant could move forward with the addition ^lile having almost a year to put together a restoration plan to correct the existing violation. The qiplicant has now hired Natural Environments Corp. to apply for a conditional use permit to correct the intensive vegetation removal violation and has also included construction of a new lake access stairway. Conditional Use Permit Analysis The City Engineer has reviewed the plans and has indicated additional information is needed in order to verify the structural integrity of the existing walls the applicant wishes to keep. All engineering conunents are attach^ as Exhibit E. The applicant was notified of the City Engineer request for additional information but would rather proceed with the plans as submitted. Staff has expressed the following concerns with regard to the proposed plan: While the risers and handrail of the existing stairway have been removed on the plan, the outer structure of the staircase remains in place. The Zoning Ordinance allc' rs for the hardcover and structure for one access to the lake. With the new I:' Si ■ i tv’ f ! :■ ■hi i. k <m>3113 June 20,2003 Page 3 of 3 access proposed, the old access must be elimituited. If the outer structure of the existing staircase is proposed to remain as part of the bluff preservation plan, a structural engineer should verily the structural integrity of wfaiat will remain, llie concern is most of the timber v^ls making up the outer structure are in excess of 4’ in height, ^^lereby an engineered design is required by the Building Code. Simply allowing these walls to remain without looking at their structural integrity would not alleviate the concerns of erosion and washing out of this area of the bluff. The violation of the intensive vegetation removal only adds to the erosion concern. The i^licant has mentioned reviewing the restoration separately from the new stair access, or even not doing the new stair access. From staffs perspective, if die new stair access is removed from the proposal, the City Engineer still doesn't have sufQcient information and if a new stair access is proposed later, the issues noted in the first bullet come back into affect. Staff Recommendation Deny the plans as currently submitted. The applicant should be given direction on what level of restoration/preservation is expected to correct the existing violation of Section 78-1285 (b). 1'-^ i EXHIBIT A Application# 0 5 8 113 Date Received ^ ~2.0-<3<T CITY OF ORONO • GENERAL LAND USE APPLICATION Amount Paid uoO'OV PROPERTY LOCATION ^ Site Address l&IMf OUCW ^^1 Type of Applioation to be Filed (i(X.i^r (2C>K)0^y«K) Property Identification Number (P.I.D.) APPLICANT. , Name^ }IM0M^glJ»/Rggw^t5 (Mfi. (tgcW Phnnt>(\junrit\Phone (home) 5'4'V 800^ Phone(work) Address Ml? )\\/^ City \iu±eiZip OWNER (if different than applicant) Name X>tmS A tmuo A Phone (home)__ Address iWf , Date Property Acquired wifWMoaBSsa _ Phone (work) _ _City oHofuO I (do) (do not) also own the adjacent parcels of land. Z\of?rS6^ __(month/year) FEES - CONDITIONAL USE PERMITS • ^ $600.00 Residential Accessory Use _____$600.00 Institutional (church, school, etc.) _____$600.00 Guest House/Guest Apartments _____$600.00 Duplex Credit/Bldg _____$600.00 Commercial/Industrial Use _____$600.00 Land Alteration + Permit ____Grading and filling - designated wetland or floodplain ____Grading and filling - 501 cu. yd. or more Grading, seawall, retaining walls within 75' of lakeshore PRD/PID - see Fee Schedule $250.00 Renewal Fee (no change from original application) After-the-Fact Fee - Double Current Application Fee OTHER APPLICATIONS _____$600.00 Commercial Site Plan Review (+ consultant fees) _____$600.00 Vacation _____$600.00 Easement Vacation _____$100.00 Easement Vacation With Subdivision _____$600.00 Rezoning (PUD - refer to fee schedule) _____$600.00 Comprehensive Plan Amendment _____$100.00 Appeals Other - see Fee Schedule -i:•e * t4 jp •t it, J< I4’. dMAMMI in. 1 REQUIRED SUBMITTALS 1 . /. Completed Application Form. > Describe request in detail.2. 3. 4. 5. 6. ■ i^F V «V • V « V V Certified Property Owners List of owners within 350' of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department of Finance, Government Center, A-603 300 South 6” Street, Minneapolis, telephone 612-348-5910). ^ Certificate of Survey (signed by a licensed surveyor) - refer to handout for survey information. Attach legal description to application if not included on required survey. e I k \ ^ ^ ^ lA sL Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). 7. List of the legal names (include marital status) of all persons with an interest in the property. This would Include name(s) of applicant(s) if not current owner(s). Construction plan, if applicable (see staff for requirements). ____As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 8. 9. YOU ARE REQUIRED TO SUPPLY 3 COPIES OF LARGE DOCUMENTS AND 1 COPY FOR REPRODUCTION (11 ” X17 ” OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require scaled drawings of all documents, plans, etc. to be submitted.) The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff:__________________________Date ________ APPLICANTS SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied k true and correct to the best of his/her knowledi Applicant's signature Date u^l 0^ OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. . ..iQiOwner's signature Applicant must have alTsubmittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at ail acheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building & Zoning Office of this . "mtR prior to the meeting. .jLiM##f lI ill: I i / ‘f*. J > Hrmtepw c ? •• T'% \ \jg^.pOWtS.CIBCLE »»»2dS2-^— .**:» Cs ♦* *k 'ft * % ■• V / » * ^» \ \ A I I (- \ \ ^ -V—H j i ^Rorasa>AOorna^ |l4—=—r'ibZl?^ ' '1 riila fes#W —:—~r:“— miBPIH c m."■■"■I r ■» • IF7 •;; ■ 1 ■F • •;- 4-:-. ;’•«* .*' • ■ ’ :> V**ir j; 4------- .• I • >•• I \ J i, l»>' • '•'' I i 1 I ••* / TjS^2lBBaaE3SEIl .- -.-r:.^. r ;.r=r. .--.* * r^: r • • «• * — • - - --I r lO, 2’/>.Mi»: Z. ■ z -z:. v;Zi - Z/-«:-, ■:■; ‘.■■Z>^ SJmR. i»LO ^ '.^'7 ■ V'j S 1 ,'i^ -^ - ’ eUB iiiiiiMMiifti ii’ j Janie* Oundlach Page 1 ot 1 EXHIBIT £ t From: Kellogg, Tom P (tkelloggObonestroo.conj Sent: Friday, June 10,2005 3:09 PM To: Janice Oundlach Subieet: 1354 Rest Point Circle Janice, I have had a couple people in the office take a look at the plans for the slope restoration at 1354 Rest Point Clrc!s. No one is very comfortable recommending that the plans be approved at this time. The biggest issue is that the plana are sketchy at best They are labeiad Schematic Design Submittal which means to me it is just that, a schem a tic not a final design. I have not had a chance to have our structural department take a look at it yet but I plan to on Monday. I can tell you that tl^ will say that foey don’t have enough detail to comment on. I am telling you this so you can oommunicats with Denny that the plans we need to revi^ are final design drawings with sufficient detail to comment on. I suspect that he will need to engage a structural engineer to sign the portion of the plans relating to the staineay removal and the stability of the walls to remain. I will verify this on Monday when I talk with our structural group. I know this isn't what you or Denny wants to hear but I don't think the city needs to assume any HabWty on Danny's behalf. Give me a call on Monday if you are in and we can discuss this further. Thanks, Tom -- r ' n rnrmm "'■■V ■■ - j'l 6n4/2Q05 ilJ n, A i ;' • )i\ ■V^^ vaSR^ A - '^ /?J SIm *m SS^i \ .^3 tr^‘' ‘t r 11^ ssjfe® M: - T!. '7 k. ■ s^‘ ■L^ .-'^^ \ " 'o y<^. X :x .i^t ■; . m : 1 ■am ■'1 ■■*'.'■> -^2^ lf(i»’'"-‘—‘'*‘W^ / • ■. ' >V / '■-. .y H 'm!Mliim/ ^\^mJIU Tgj if 1-^v >* -o. /asu I i m ■ /7^ 5^ '■ ^^A\t&': ■ I •> • < }^ f ' (*Vi ''ML' im: ■ym^^ '\r. ,,'.f - •/ •■ ■T^TK % / Ve <-?ja • - h W0 ^ \ ^LiK^i 1 <,™v\> ll M » ^m: ^f«U.lf&-'Oi l^-^j m ^ ''\4 k ^ *■ £.5 T 'm I *iM ^rv 'Nev” # I mE I' M ^NS Si'/ .'.'v^: // w/"' ■ % ■ -M MsM S y -V i«4'n .. £ ,JkJ.~’fS‘^ .■'.. X ■i^ 0,1 «s. TV4"' ' \ 4i* . k..a -•'t.r ^ xl ^4«•• ')^ Wk\-%si iSV: V I V.' . %t£h, !i ;%.; -viTT 1 1 L» -#s ;7^V ‘ . '^ • 3^ •• «> « VI J ^ ■ • V. ■'-yiN, -4T •» J '•» - » ^ i>^ :. r*-. " .-z . 'Y>.. .^ -. 'V ^ ■’ *-^5 ,• v^;'V i Jf v^ A" aJl-i '■?Si 'v^ Vvi Z'ii t fM? :'.- '. ■•..'-'^Ovn* • •• V^-'--: •■ *r- ' f^?4 • r-I*'*.-. - «■ *Z^*- ' '••.•.*■ *" • »•«■-.. '* . . Pti * • • vT * • _____iy.\' ‘ — .vf ’^ « ■*. " -r/%mm r-. '* m fei • » ' S > •-»» «T4i •C V-V . r ■ .'TPf k.' '../X r ■'V w:f mm 4 :■ •* :l '^:S ’ i',-r3 is! ^ 1^ V'’!4 w H II ■V,- ' .• *>■ M- D'S.v • '.. -..r'>r-, '•;' TO*m m'y mm ^4'» -i rr* ‘*^ •^ rtrtr ■. / • ■ v--.‘':-:v. ■--..■•• -fj'’ ■j«r^<r-. . > •> . *.W ^ ** ■ r ’ • i ■ • /‘.‘‘: /; .*. ;/- . . .... ‘•..V ■ * .' •• • , •• •;.. ;' •'* *. ; • ,\ • ' V ^'••t*'- .• !* ** '.*i- •■^ : ’.. ■• . .• ,.. - • •• •• ^ •> ................ -.:r..*. •:,.•■»•■/ , *^*‘ I • • ' ‘ V': : • ••.•:, • r • .:• . iv **:.*'. v-a' - -V/mv v: v v *.- •- >*v';Vv; ; .., •, *'*•.;'•> '-*' ‘ ^ • “ ‘ r f rt ■ . • •/.* •-. * V “ - • / - •• •' • ^ ' • -•• • “ '■* - • *'* '»••'/..s':,- '••.‘.^•; • .'V' -r . -:*••% \. * - *• ..‘ -• *. •.;* .* . .• ■ • ’-V ’ •* *• * '*• ■* - * *‘ * ^ • *.' /. • ■ •**'•'! ••*. . • .' •*" .‘V •' . . . • .■•* «•'■ .?’ • . .* • '••.*. *1 ,*.• •^ > • ***• - . •.*• ’•, ■ *:'» •> ' . • >. '. '• • -‘ 'v„- V - •••-■> .' . :r •"■•••.:••'<. ••• •-.• • ''■■i'-r' .':•“ ;\\-'• ■■% ;. ••!;'■ .;■ • • ;• v-- •.••:’ > *.• ‘. . .* .'• •• .-. r • *V- S ■ .‘V-V ■. ..•* ■•• " • .•_■■»• . • • \ v.v^ *•* . .• • . . •7** • .■•*V '?’ • • - .* • ••.*.•1 , •. • •^ -• *'*• , V* •. •/• ^ • .■■'• .;V'tv.- V .>•■ •'. •"•••. ..r’v •:• . - k •. ,.(>-. ■■• V ■•. ;. •!; ,?■ •■ • • '>.• *» ;. .. • •:' ■ ' ■ • ‘ . • vS •*■•:• -• ■ /'-■•■•■'■• f;-’..••,•■.•••. - . ■ ■ ■• * "i j. ■•.>-■ • > •’.<• V ;• r-\*-.-.. -. >,• .v,.i.v:.. ..., . r.v.*'.: V.-. -= .• :•>.. ; / -• ■ •••.•-: • ...■< i-..v-.i. fvt-.*- • .• . • ;• \•• • . I *?/<f ■—'^ ■ ^ • ____________ _________________________ _______________________________________________„ ________________________________________________________ ______________________________________________________________- ------------------------------ ------------------------------------------- ». .*inf ___.-v . b0 .■■■ • •■•■ . • ■'.■■ . H *> ^.JL 1 %fc ^ .... ■» » ' • -.« ' V- ■ • >• *• EXHIBIT H MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 13,2004 7:00 o’clock p.m. m-Sm MICHAEL & DONNA SBERTZ, 1220 TONKAWA ROAD, Contim(nkW^3060 MICHAEL & DOi Gaflronn^yie would prefer to bring this application back before the Council a he has timet^k||u^e histoiy of this property. Ebertz questioned wh^feR^ould b the outstanding issues IeftD^fe||jevi Tiext meeting afier rould be better off removing the bouldej svious owner. lan having to deal with all Peterson noted these issues would n< build onto his house. lealt with in tin if the applicant should decide to Murphy inquired whether the applicant is agreeaU j^the application. Ebertz stated he is. Murphy moved, Sansevere EbciibE, 1220 Tonkawa Rot [, to tabic Application ITE: Ayes 5, Nays 0. lichael and Donna Curtis inquired whethej^jH^licants have implemented what the City Engineer lias prepare the site for jy^mter and spring. inded to Mrs. Ebertz ley have. Ml.WILLIAM & ANITA ROUSE, 4051 HIGHWOOD ROAD - VARIANCES ~ ITION NO. 5270 lurphy moved. White seconded, to adopt RESOLUTION NO. 5270, a Resolution Granting Side Setback Variances and a Lake Setback Variance for Bill and Anita Rouse, 4051 Hiahwood Road. 12. 004-3067 LECY CONSTRUCTION ON BEHALF OF DENNIS AND AMANDA WALSH, 1354 REST POINT LANE - VARIANCES - RESOLUTION NO. 5259 Amanda and Dennis Walsh, Applicants, were present. GafOon stated at the last Council meeting action was taken to approve the requested variances and allow the entire gravel parking/snow storage area to remain. After the applicant had left the building, tlie Council voted S-O to reconsider, and directed Staff to attempt to obtain an easement for the snow storage area from the applicant. Since the meeting Staff has asked the applicant if he would be willing to grant an easement, with the applicant indicating that he is opposed to the easement. GafIron indicated a number of agreements were proposed, with one agreement granting the City the right to temporarily use the property for the purposes of snow storage for a period of ten years. GafTron stated under this agreement the City would agree to pave the area to minimize the amount of crushed rock that is currently deposited from the snow storage area onto the owner’s lawn. This agreement would be binding upon future owners of tlie property but would expire after ten years. Gaffron indicated it is Staffs understanding the applicants are agreeable to entering into tliis agreement but in Staffs perspective the agreement is flawed in a number of ways. PAGE 15 MlNtTFSOFTHE ORONO CITY COUNCIL MEETING Mooday, December 13,2004 7:00 o’clock p.m. (12. m-3067 LECY CONSTRUCTION ON BEHALF OF DENNIS AND AMANDA WALSH, 1354 REST POINT LANE, Continued^ Oaffiron indicated the other agreement Staff is proposing grants Orono the right of tcmporaiy use of the area for the purposes of snow storage and the occasional public parking of vehicles. Gaffron noted the public parking of vehicles in this area was discussed at the last Council meeting, and indicated this is a case where a previous owner had actually removed some hardcover in this area but that the hardcover has re-appeared over the years. Gaffron stated this area does serve some benefit to the City and that Staff would like to memorialize the agreement on the title of the properly. Gafhon noted this agreement shall terminate ten years from the date signed, and upon termination of the agreement, if a new agreement is not established between the owner and the City, the property owner agrees to remove the hardcover comprising the agreement area. Gaffron stated the agreement further states that should the owner fail to remove the hardcover comprising the agreement area, the owner herein gives permission to Orono to remove the hardcover comprising this area. Gaffron stated Item 6 of the agreement states that upon termination of this agreement, the Owner agrees to abide by City Codes Section 18-1 and 82-2 regarding the extent of the right-of-way on the subject property, to keep diis area free from obstructions, and to allow Orono to store snow within that right-of- way as deemed necessary. Gaffron stated Orono’s City Code defines the right-of-way as ten feet past the pavement regardless if it is in someone’s property or not. Murphy noted the Public Works Department is saying this area is necessary for snow storage, and inquired of Public Service Director Gappa whether the snow storage in this area is necessary. Gappa stated the easiest way to plow this street is to put the snow in tl' Public Works Department could possibly plow a different way. Gappa snow in that area for a long period of time. ition but that if necessary the ! the city has been depositing San severe suggested the Public Works Department consider other options for snow deposit, noting that a number of conditions have been added to the snow storage for this area that he is not totally comfortable with. Sansevere noted the applicant would then be required to remove the hardcover in that area if it is no longer used for snow storage. Mr. Walsh indicated he is fine with removing the hardcover. Gappa stated they probably would go back to claiming the ten feet of right-of-way and depositing the snow in that area. Gaffron stated the Public Works Department recommends maintaining some portion of the existing gravel, particularly the area adjacent to the curb. Mr. Walsh indicated half of that area is above the 250’ line, with the otlier half lying in the 75 ’-250*. Mrs. Walsh commented there is a wall in that raised aiea. Walsh indicated the snow gets pushed over the wall, which results in snow and gravel being pushed into a vegetable garden on the property. Walsh stated they have attempted to come up with a compromise that would eliminate the snow being pushed up over the wall. PAGE 16 vv MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 13,2004 7:00 o’clock p.m. (12. M4-3067 LECY CONSTRUCTION ON BEHALF OF DENNIS AND AMANDA WALSH, 1354 REST POINT LANE, Cotalnued) Sansevere stated the City should be considering solutions that do not intrude upon the residents. Mrs. Walsh noted they did suggest pavement in that area. Sansevere indicated the City should consider a solution that does not impact this property. Murphy stated it does not sound like there is a total solution to this problem unless it does not snow. McMillan inquired whether there is another material that could be used rather than loose gravel or pavement. Gappa commented snow is pushed off the roadway into yards in a lot of areas, with other property owners also experiencing rock in their yards. Gappa stated the neighborhood parking was discussed but that it did not appear the applicants were interest^ in having that in the agreement. Mr. Walsh stated he does not have a problem with having the parking, but by putting in the agreement the fact that this portion of the property is open to the general public raises all sorts of issues with liability and insurance. Walsh indicated he would prefer that language not be included in the agreement. Walsh stated he did discuss the public parking last time and that his neighbors do park in this area from time to time. Walsh stated the parking by the neighbors was not the reason for the gravel and that the gravel is there specifically foi the snow. Walsh indicated they originally were willing to leave the area gravel, but after the call from the City saying if an easement agreement is not entered into, the City would rescind the approval. Walsh stated he took the phone call as sort of a threat. Sansevere commented the situation does appear to have become somewhat confrontational. White stated the idea of an easement was brought up after the applicants left the last meeting. White suggested the parties go back to the point they were at prior to the easement being suggested. Murphy stated the snow could be hauled away. McMillan inquired whether the hardcover would need to be removed. Walsh stated originally they were just going to leave it the way it is and just handle the snow storage on a handshake basis. Walsh noted Gappa had an issue with the possibility of the property being sold and the future owner opposing the snow storage. Walsh stated he then suggested he would be agreeable to a ten- year agreement to allow the snow storage but that he would rather the area be paved. Walsh noted that is when other issues were being brought into the easement and that he had questions whether these things were applied to other people within the City. White stated he is willing to go back to the agreement the City Council had with the applicants prior to the request for the easement. PAGE 17 I Mikkm 1 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 13,2004 7:00 o’clock p.m. (12, M04-3067 LECY CONSTRUCTION ON BEHALF OF DENNIS AND AMANDA WALSH, I3U REST POINT LANE, ConUnued) Walsh stated he is not opposed to the agreement proposed by Gappa, but that he does have some concerns with the agreement being proposed by Gaffron. Peterson stated she would like to go back to the original reason this application is before the Council. Gaffron stated the applicants proposed to tear down the existing westerly addition and rebuild it, which brought the hardcover on the property under review. Gaffron indicated this is a property that has additional hardcover on it than what has been approved. Gaffron stated the gravel area was to have been removed with the first variance application by a previous owner and re-appeared prior to the second variance application. Gaffron indicated Staff at the time of the second variance application failed to require removal of the hardcover. Gaffron stated it is his view that Staff ’s perspective at that time was the fact that this area was utilized for snow storage and neighbor parking were Justification for the hardcover in the area to remain. Gaffron stated if the area is no longer going to be utilized for snow storage or neighborhood parking, the question becomes whether there is still a hardship for the hardcover to remain. Staff is looking for an agreement or easement that would give the City the right to utilize that area permanently even after the property is sold. Murphy stated to his recollection the council agreed, based on the snow storage and the neighborhood parking, that there was a hardship. Murphy stated it is true the City currently needs this area for snow storage, but that the City could look at other options for snow storage if this area is no longer available. Mr. Walsh stated in his view the City could either have the ten-year ag. 'ment proposed by Gappa or leave it as is. Murphy inquired whether the City is better off with ten years or a handshake agreement. Sansevere stated at the time this area is no longer utilized for snow storage, the City could require the hardcover to be removed. Barrett stated the resolution passed by the Council did approve the potential for this hardcover because of the convenience to the neighbors and the snow storage. Barrett stated in his opinion the ten-year agreement is a better deal than what currently exists. McMillan inquired whether parking would increase in that area if it were paved. Walsh stated in his view it would not increase, noting that the neighbors normally ask permission to park in that area. Gaffixm stated the resolution would need to be revised since the resolution last time did not reflect that the hardcover would remain. Barrett inquired what the difference is between the two agreements. Gappa stated one agreement does not contain language concerning the public parking, which is the agreement the applicants have indicated they are agreeable to. PAGE 18 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 13,2004 7:00 o’clock p.m. (12. U04-3067 LECY CONSTRUCTION ON BEHALF OF DENNIS AND AMANDA IFALSH, 1354 REST POINT LANE, Continued) McMillan stated in her view there should be a provision to allow for emergency V'^hicle parking. Walsh stated GafTron’s agreement contains language regarding public parking, removal of the hardcover if the agreement is not renewed, and abiding by City Codes. Walsh stated he is unsure how the language relating to abiding by City Codes impacts him legally. White inquired what City Codes are being referred to. Gafiron stated the codes referred to deal with right-of-ways and definition of street or road. GafTron stated the City’s definition includes the ten feet off the pavement regardless if it is located in a right-of- way. Gaffron stated the property owner is not allowed to put anything within that 10 feet that would obstruct. Mr. Walsh inquired why an agreement is necessary if it is already in the city code. Barrett stated he tends to agree with the applicant. Barrett statv*d every resident in the City is bound by City Codes whether they agree to them or not. Peterson inquired whether both agreements have language saying the City would pave this area. Mr. Wal;:h stated »hey do. Walsh staled he offered to do the ten-year agreement, with his compensation being that the area be paved and a retaining wall be erected. White stated the City was going to allow the hardcover to remain in return for the use of that space. Gafiron inquired whether by creating an agreement to allow the City to use the ten feet, should that agreement go away, has the City basically stated that an agreement is needed to have the 10 n,*et. Gaffron stated he does not want the City to give up any rights it may have by creating this agreement. Banrett stated he is not concerned about tha^. Barrett stated this is occurring in the context of a variance application, the purpose of which is to determine hr v much hardcover should be removed. Barrett stated he wiews this as a convenience to the City to agree to the ten years with no obligation lo pay or to construct any walls. Walsh suggested utilizing Gappa’s agreement. Walsh indicated the portions coii'eming the retaining waD, the paving, and the language requiring removal of the hardcover if a new agreement is not reached are not contained in that agreement. Walsh stated the agreement would give the City a ten-year right to store snow in that area. White moved, M*irphy seconded, to approve the short agreement proposed by Gappa, with the elimination of Item No. 2 requiring Orono to pave the agreement area, and with the understanding the hardsover in the agreement area would Im removed if the terms of the agreement arc not being met or upon eapiratlon of the agreement. Gaffron stated the current resolution does not give the hardcover any peimanent right and is not part of th? ariance application. Gaffron indicated number eight states that “The applicants shall enter into an PAGE 19 I L MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 13,2004 7:00 o'clock p.m. (12. M4-3067 LECY CONSTRUCTION ON BEHALF OF DENNIS AND AMANDA WALSH, 1354 REST POINT LANE, Continued) agreement with the City which would allow the City to use the gravel area existing on the street side of the lot for the purposes of snow storage and overflow neighborhood parking. If at any time the terms of the agreement are not being met or the agreement has expired, the applicants shall remove and/or give the Ci,y permission to remove the hardcover comprising this gravel area." Gaffron inquired whether the Council would like that language to be included in the revised resolution. White concurred that the hardcover should be removed if the area is not used for snow storage. Gundlach stated the hardcover would be tied to the agreement and not the resolution. Walsh staged there are two sections of land being dealt witli tonight - the 7S’>2S0* and the 2S0’ and above. Walsh stated he is in compliance in the 2S0’-S00' zone. Gundlach stated the gravel area was never included in the hardcover calculations that were submitted by the builder because the builder did not realize it was considered hardcover. Gundlach stated the calculations were revised in the 7S’*2S0’ zone but were not revised for the 2S0’-S00’ zone. Gundlach indicated she does no{ know whether the applicant is compliant in the 2S0’-500’ zone. Gaffron stated the applicant would be ui.owed 30 percent in that area. White stated the City could define the hardcover titat should be removed in tliat area if the agreement does not go forward. VOTE: Ayes S, Nays 0. RECOGNITION 2. ANDREW MCDERM RESOLUTION NO. 5262 Peterson moved, Sansevere seconded^dMIpnM ON NO. 5262, a Resolution of Appreciation to Andrew McDen|^pffDistingi^ ;ice as a Member of the Parks, Open Space, and Trails Commissin^flOTE: Ayes 5, Nays SAM AND MARFIELD - RESOLUTION NO. Peterson n^^^BRurphy seconded, to adopt RESOLUTION NO. 5263, a Sam an^B^^Marfield for their Generous Donation to the Long Lake Fire De^ Ai|^Pn!^sO PAGE 20 n J EXHIBIT I MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 22,2004 7:00 o’clock p.m. 10. #04-3067 LECY CONSTRUCTION ON BEHALF OF DENNIS & AMANDA WALSH, 1354 REST POINT LANE - VARIANCE - RESOLUTION NO. 5259 Gundlach explained that the applicant requested a hardcover variance to permit 30.1% hardcover within the 7S-2S0* zone when 2S% is allowed, 44.91% exists, and 29.9% was approved in 1999 in order to tear down and rebuild the existing westerly addition. In addition to staffs recommendations, the Planning Commission recommended approval with the following edits, public works recommends that a suitable amount of gravel is needed, adjacent to the curve of Rest Point Circle, for the purpose of winter snow storage, and that restoration/preservation plans for the bluff must be approved prior to tite final inspection for the proposed addition. Dennis Walsh stated that the numerous creeping happenstances happened prior to his purchasing the property by the previous owners who were master gardeners. He stated that the only issue he found with the resolution was the requirement pertaining to the gravel up top. He pointed out that a large portion of the gravel ’parking lot’ is used for snow storage every winter, since there is no where else for it to go. He asked that either the gravel be allowed to remain or for a better solution than trying to re-landscape the area, since the snow storage will continue and kill any vegetation he puts there. Murphy questioned whether blacktopping the area and putting up a small wall would help the situation. Walsh stated that he did not mind leaving the gravel there, since it allows for additional parking in the neighborhood, which is lacking. Since she felt he was giving the City some right-of-way, McMillan stated this posed a hardship to the applicant which warranted his request, since his gravel benefits the City and neighborhood. McMUIaa moved, Morphy seconded, to adopt RESOLUTION NO. 5259, a Rcsolution granting a hardcover variance for 1354 Rest Point Circle, allowing the snow removal area on the north to remain, as well as, the sontherly portion of the upper gravel area to remain. VOTE: Ayes 5, Nays 0. After the applicant had left the Council Chambers, Moorse questioned whether the applicant should be required to grant an easement, to ensure continued use of the area for snow storage. Gaffron attempted to catch the applicant in the parking lot but he had already left. White agreed that an easement would be appropriate, and suggested that the application be reopened. White moved, Sansevere seconded, to reconsider RESOLUTION NO. 5259. VOTE: Ayes 5, NnysO. White suggested that the applicant be requested to grant an easement, and if he agrees to the easement, the resolution can be amended and on the next meeting’s Consent Agenda. If he doesn’t agree, he should appear at the next meeting to di.tcuss the issue. Barrett suggested tabling the reconsideration and this will allow tlte resolution f) be redrafted and easement to be pursued. PAGE 8 of 11 il ,JOii ■rM MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 22,2004 7:00 o’clock p.m. (10. M4-3067 LECY CONSTRUCTION ON BEHALF OF DENNIS AMANDA WALSH, I3U REST POINT LANE, ConHnued) White moved, McMUIan seconded, to table Application MI4-3067, Resolution No. 5259, and notify the applicant of the need for an easement, and that the item will be put on the Consent Agenda for the next meeting if he agrees to the easement. VOTE: Ayes 5, Nays 0. Sansevere suggested that the City begin tracking public comments via email until a suitable ^are program can be found to log comments. ModnBjndicated that staff is investigating software for 2005. Murphy qw the status of the DeMuth tree planting problem. Moorse stated that aifV|orist is making changes to the plan as requested by the neighi will soon be sent off to tn^mident. lich White commented that at the ailM^eal estate CLE Class he attended, he leai allowances have been set which alraMndividuals to rehab nonconforming lat new Barrett added that the changes have restrmH^ities’ abilities to phasea^ffonconforming uses. McMillan noted that with the removal of the tahB||ng County beginning to look like a trail, which brings to lighn||g^questj IS proceeding, the rail is Moorse stated that with the trail taking shape, he askedflKunty what they will be doing with regard to patrolling and signage, and suggested they|4niMo^obiling signs soon. He stated that Orono had volunteered to help polL. the coiy^^for then^^jxting, with some reimbursement of the City’s costs by the County. Barrett nuestioned whose ordinances an^^miitted uses would the ci^^^enforcing. Gaffiron indicated that he had receuflni call that day from the County askid|B^ether Orono has Ordinances prohibiting snowmgj^mg on public rights of way. He suggested nl^^r investigation continue. Murphy agreed that system. ist be determined soon, and should be set up similar to the Dm: Line Mayor Petera^^rought up Murphy’s idea to implement saying the pledge of allegiance at th< outset of ei^umeeting for the Council members to consider. MuQil^rged the City to update the 'Friends of the Parit* Award posted outside the Chamber. PAGE 9 of n MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 15,2004 6:00 o ’clock p.m. EXHIBIT J 1AM AND ANITA ROUSE, CONTINUED) could accommodate removal of hardcover woul that the maneuver out of th( luch more difllci 'ith the applicant’s suggested Rouse stated he would prefer to lose the the driveway area rather than further up on the lot. Rouse stated he would like to ma] slope. ralkway com!the garage rather tlian coming down the nded, to recommend approval of ApplicanBIB^OM, William and ghwood Road, granting of a side setback variance ann^^^^back variance nt the roof of the house and the garage, with the stipulation thOTl||hlBaver will be a level of 33 percent in the 7S*-2S0* zone and 12.65 percent in the 0-75*, w! nding there will be some reduction in the amount of blacktop in the alley. 10. M4-3067 LECY CONSTRUCTION ON BEHALF OF DENNIS AND AMANDA WALSH, 1354 REST POINT LANE - VARIANCES, 8:47 p.m. - 9:28 p.m. Dennis and Amanda Walsh, Applicants, were present. Gundlach stated the applicants are requesting a hardcover variance to permit 29.89 percent hardcover within the 75’-250* zone when 25’ percent is allowed. Currently there is almost 45 percent hardcover in the 75’-250’ area. The property consists of .72 acres. Gundlach indicated the property received an after-the-fact hardcover variance for t deck in 1999, with approval of a 29.9 percent hardcover. Staff recommends approval of the hardcover request to permit 29.89 percent hardcover within the 75’-250’ zone with the following stipulations: 1.The wood chip area located in the southeast comer of the lot and following the eastern lot line (not shown on the surveys) shall be re-vegetated with grass or the fabric liner shall be removed to allow water infiltration. 2.The wood timber walls and rock borders that have appeared since the 1999 variance approval shall be removed as shown on the removal plan attached as Exhibit G. 3.The landscape rock shown on the proposed survey and labeled as “not hardcover” must be removed as the existing rock has become compacted. PAGE 27 ■'..ui. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 15,2004 6:00 o'clock p.m. (#04-3067 LECY CONSTRUCTION, CONTINUED) Gundlach indicated Staff has visited the site and has determined that the area labeled on the survey as “not hardcover” is hardcover since it has been driven on or parked on and has become compacted to the point where it no longer allows infiltration of water. Gundlach stated because this area is utilized by the Public Works Department for snow storage, Staff would support that area remaining as rock but that the existing rock needs to be removed and new landscape rock and a border be installed in that area to prevent vehicles from parking or driving on it 4.The existing wood platform located at the shore shall only be allowed as a temporaiy means for dock storage. This structure shall be removed when the applicant’s dock is in the water. The applicants are advised that upon re-construction of the lake yard staircase, all encroachments must be eliminated and the two existing decks within the staircase may not be rebuilt; nor may any platforms, except ^e 32 square foot in size, be permitted. Due to the intense vegetation removal that has occurred on die bluff, although not all of it recently, a bluff restoration and preservation plan must be submitted prior to issuance of a certificate of occupancy for the proposed addition. Gundlach noted the removal of the vegetation may have taken place prior to the applicant owning the property but that the bluff is in danger of eroding and appropriate action needs to be taken to restore that area. Rahn asked for public comment. There were no public comments concerning this application. Rahn stated he has spoken with the applicant who indicated he is receptive to the majority of the removals. Walsh stated he does not have a problem with a majority of the removals, but that there are some items he would like to discuss. Walsh indicated the wooden wall was extended approximately seven feet to prevent water runoff into the house. Walsh stated he does not consider that a hardcover issue but rather a sensibility issue to correct the water runoff. Walsh stated he does not have a problem with removing the wood platforms, but that he may not be able to do it immediately unti! <iie steps are relocated. Walsh indicated the area where the landscape rock is located does accommodate snow storage and that in his opinion any replacement of the rock and border would be destroyed during the winter when the snow plows deposit snow in that area. Walsh noted the Public Works Department plows eight to ten feet into his yard at times, which would result in that area becoming wrecked every winter. Fritzler inquired how many cars park in that area. PAGE 28 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 15,2004 6:00 o’clock p.m. (MM-3067 LECY CONSTRUCTION, CONTINUED) Walsh stated that area is designated for guest parking. Fritzier pointed out that guests could park in the driveway if the applicant ’s cars wee in the garage. Walsh indicated at certain times of the year he has a number of guests and that there is not ample parking space in the driveway. Walsh stated the snow kills the grass in that area every year and that he does not get much use out of that area due to the a:nount of snow stored titere. Kempf inquired whether that is the same area that Staff is recommending replacement of the rock. Gundlach stated she is recommending that the rock that is there now not remain since it has become compacted. Gundlach indicated the City plows in that direction because if they came from the other direction, they would deposit the snow in his driveway. Gundlach stated she is not recommending that area be landscaped but that new landscape rock should be placed there to allow water permeation. Rahn noted the applicant does not want to improve that area if the snowplows are going to continue to use that area for snow storage. Rahn stated he does not see a way for the snowplow truck to not dump the snow in that area given the comer. Winkey commented it is likely that the new landscape rock would get compacted. Walsh stated whatever is put dow^ in that area is going to get scraped out of that area by the plows. Fritzier suggested the snowplows come from the other direction. Gundlach indicated that would then deposit the snow in the applicant ’s driveway. Walsh stated the road in that area is so tight that it makes it difficult for the snowplows to maneuver tiie comer. Fritzier stated in his opinion the rock should be removed to reduce tlie hardcover and that if the applicant parks cars in that area, it would become hardcover. Fritzier stated in his view the Public Works Department should store the snow elsewhere. Jurgens stated the snow is an issue for Public Works and that they need to do something else with the snow since they are encroaching onto the applicant ’s property right now. Jurgens stated the Planning Commission needs to deal with the hardcover on this lot and that the Public Works Department needs to address the snow storage. Leslie stated the Planning Commission could acknowledge that Public Works has to dump snow there and that any efforts to make that area not hardcover would be a shcit-term solution. Leslie suggested that area PAGE 29 ■Site ■ ■ -. *** MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 15,2004 6:00 o*clock pjn. (#04-3067 LECY CONSTRUCTION, CONTINUED) be removed from the hardcover calculations since there does not appear to be another option for the snow storage. Leslie stated in his opinion any rock placed in that area would eventually become impervious. Gundlach stated she is not suggesting a border be constructed in that area but is recommending the old rock be removed and new rock be placed in that area. Jurgens stated there does appear to be room to create a windrow on one side or die other and that the applicant could shovel his driveway after the plows go through. Rahn stated to his understanding the plow truck cannot make that comer. Fritzler stated they could use a smaller plow truck like they do for the cul-de-sacs and other smaller areas. Winkey con.mented placing rock in that area is not a viable solution since the rock would get scraped away. Walsh stated the salt in the snow kills the grass and that there is a great amount of snow that is pushed into that area. Gundlach stated she did consult with the Public Works Department and they indicated that that is die only location where they can put the snow due to the angle of the road. Gundlach noted grass would probably not grow in that area, which is why she is recommending landscape rock in that area. Rahn stated the applicant is looking for a common sense solution to the snow storage problem that would benefit both parties. Rahn stated there could possibly be a reduction in the hardcover in that area, but that in his opinion the replacement of the rock mi^t be a waste of time. Walsh indicated it only takes one big snow&ll for that area to be full of snow. Kempf stated in his view this is an exceptional case. Walsh suggested leaving the area alone for a year, but that he would eventually like to resolve the problem. Walsh indicated he does not want to incur the expense of replacing the rock in that area every year. Fritzler stated there still remains excessive hardcover on this lot, and because that area is used for parking at certain times, it should be counted as hardcover. Fritzler suggested placing rock for a couple of feet rather than all the rock that is there. Walsh stated in his opinion that would not be a practical solution since the Public Works Department does utilize that entire area. PAGE 30 III iiiAiyiiiiiiii —- k MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 15,2004 6:00 o’clock p.m. (#04-3067 LECY CONSTRUCTION, CONTINUED) Fritzler stated in his opinion the Public Works Department should deal with the snow in another way, but that as long as the applicant is going to utilize that area for parking, it should be counted as hardcover. Bremer stated she does not want to have a situation where the City is taking advantage of people because they are living it< a particular location or where the Planning Commission is committing the City to doing something other than what has been done for years and years. Bremer indicated she does not feel comfortable requiring the Public Works Department to do something different in this area and that she would prefer to keep the situation status quo and perhaps revisit the issue in the future. Bremer stated she would be interested to hear any recommendations Staff might have for hardcover removals. Bremer stated in her view it does not make sense to replace the rock if it is going to be compacted again in a year or two. Jurgens inquired how that area would become compacted if only snow is put in that area. Bremer stated if rock is put down in that area, people would more than likely park there. Jurgens stated he does have an issue with putting something in that area that could potentially be destroyed and that perhaps it is necessaty to have Public Works at the meeting to answer question:,. Jurgens stated he feels very strongly that this hardcover needs to be removed, noting it was approved at 29.9 percent. Jurgens pointed out the area near the bluff was not included in the calculations. Gundlach indicated the survey that was approved for the building permit in 1989 required the rock southerly of the 2S0’ lake setback be removed and the rock northerly of the 2S0’ lake setback could remain as the lot folly conformed with ail hardcover standards. The variance in 1999 allowed access hardcover. Rahn noted there could perhaps be a removal of hardcover between the edge of that area towards the home. Rahn stated the applicant needs a method of swaling water around the lower doors and that the timbers constitute less hardcover than boulders and are also less intrusive. Jurgens noted there is a hump farther down that holds the water back and that it might be a grading issue. Rahn inquired whether the wing wall would be eddressed at another time. Gaffron stated the addition is going on the west side of the house so that area of the lawn may not be addressed as a part of this project unless required by the City. Rahn stated he is willing to leave the little win^ wall for deflection of water given the small amount of hardcover that it constitutes and also because tl e applicant has indicated he is willing to do other hardcover reductions. PAGE 31 si" i L MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November IS, 2004 6:00 o’clock p.m. (#04-3067 LEG Y CONSTRUCTION, CONTINUED) Jurgens inquired about the retaining walls near the bluff Gundlach stated those areas were approved in 1999. Gundlach indicated it is possible that another timber has been added on top. Walsh stated he did place two timbers in that area on top of the other ones because the ones that were there were deteriorpting. Gaffion inquired how far out the wing wal' next to the house goes out in tenns of the lot line and whether the applicant can go around the wall withoui going on the neighbor’s property. Walsh stated there was a wall there previously and can be accessed by a mower. Jurgens inquired whether someone on Staff could determine when the cutting occurred on the bluff. Gafiron stated they are not able to do that Walsh stated he cleaned out the old Christmas, uees and garbage in that area. Walsh stated they might have cut down some little trees for the rip-rap and that he did trim seme of the smaller trees with a small hand-held saw. Gaffron stated the majority of the stuff that was cut that he observed was less than four inches. Gaffron stated bis concern is that if the canopy is removed, the rain would hit the slope harder and erosion can occur. Walsh indicated he has delayed restoring the bluff until his plans are developed regarding the steirs. Jurgens stated the bluff does need to be restored. Gundlach indicated Staff is recommending the bluff restoration plan be submitted prior to a final inspection with possible implementation of the plan by the end of the summer. Jurgens stated he would like to have the plan approved prior to the final inspection, with a deadline being established for the work to be accomplished. Jurgens suggested the applicant consider incorporating the work on the stairs at the time of the restoration. Jurgens pointed out the applicant would have a limited period of time in which to comply with the restoration. Winkey inquired if concessions are given for the area for the snow storage, whether that would be the same as what was approved in 1999. Winkey stated in his view only the part titat was approved back in 1999 should be allowed to remain. PAGE 32 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 15,2004 6:00 o’clock p.m. K'41 } •! ' ■ ; ■ r r ' . (#04^7 LECY CONSTRUCTION, CONTINUED) Gundlach stated tfiey could consult with the Public Works Director on the amount of gravel needed for this area. Wink^ stated he is willing to make concessions for snow storage but not for parking in that area. Walsh stated he would also be glad to meet with the person who does the plowing in that area to see whether th^ can arrive at some type of solution. OafDon stated the area of the gravel in the 7S>2S0* zone was probably traded with the 2SO’-SOO’ zone. OaffixM) stated his recollection of the 1999 approval is that the curb cut was maxed out at 20 feet and that he does not recall snow being an issue in that prior approval. Gaffron stated the road is narrow and the snow needs to be stored somewhere. Rahn stated the more logical lo-tation for the snow is near the comer rather than in the middle of the road. Jurgens suggested including as a condition that the area for the s.now storage be minimized per Public Worica* recommendations based on the amount of area they determine is required for snow storage. Jargek> % moved to recommend approval of Application MM-3067, Lecy Construction on behalf of Dennis and Amanda Walsh, 1354 Rest Point Circle, granting of a hardcover variance to permit 29J9 pereent hardcover within the 75—250’ zone, with the stipulations as listed in the November 15,2004 Planner’s Report, with the understanding that condition No. 3 will be revised to say that the anMunt of hardcover required in that area for snow storage will be reduced to a minimum as determined by the Public Works Deportment and that Condition No. 6 will be changed to say that a final inspection wiM not be given until approval cf a bluff restoration plan. Fritzler inquired whether it must be landscaped in such a way as to prevent parking. Kempf stated he does not see it as being possible. Jurgens stated he would like minimum size and location for snow removal in the motion. Bremer inquired whether the wall would remain. Jurgens amended his motion to iadnde removal of the wing wall and retaining walls near the bluff area. Jurgens staled in his view the runoff in the area of the wing wail is a grading issue. Fritzler ear >nded the motion. PAGE 33 L, «•,••«•. Crt MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 15,2004 6:00 o’clock p.m. (WM-3067 LECY CONSTRUCTION, CONTINUED) Jurgens stated he did observe the wing wall and that there is a problem further down the line, which needs to be addressed. Kempf stated he is in agreement with Rahn that the hardcover in that area is insignificant and that there is a significant amount of water coming down that hill which could perhaps be alleviated with a swale. Jurgens stated ar erosion problem might be created around the wall if it is not removed. VOTE: Ayes 3, Nays 4, Bremer, Rahn, Leslie, Kempf opposed. MOTION FAILED. Bremer moved, Kempf seconded, to recommend approval of Ai lication MI4-3067, Lecy Construction on behalf of Dennis and Amanda Walsh, 1354 Rest Point Lane, granting of a hardcover variance to permit 29.89 percent hardcover within the 75*-250’ zone, subject to the conditions outlined in the November 15,2004 Planner’s Report, with the understanding that condition No. 3 will be revised to say that the amount of hardcover required in that area for snow storage will be reduced to a minimum as determined by the Public Works Department and that Condition No. 6 will be changed to say that a final inspection will not be given until approval of a bluff restoration plan, and with the further understanding that the wing wall may remain. VOTE: Ayes 7, Nays 0. PLANNING COMMISSION COMMENTS COl IRT OF PLANNING COMMISSION REPRESENTATIVES A' IGS OCTOBER 25 AND NOVEMBER 8,2004 Kempf indicated he [dance at the October 25"' City C<;ting, noting that the James Rendall application was appi vehicle storage ordinance was deleted relatH owner only needs to show that there is an laT Kempf stated a portion of the large driveway situation to require that the. property Kempf stated as part of the Pen\ which the Council denied did approve the Persia (cation the homeowner’slNIBhUpn requested additional time, le recommendation of the City Att^^^^mpf noted tlie Council ion. Fritzler indicate^^^ftended the November 8 City Ccancil meeting, with the Council ap^Tli^h^he large vehicle Fritzler noted the Spencer matter was denied and that the Capra application tabled. .PAGE 34 Mu EXHIBIT K i GITYofORONO RESOLUTION OF THE CITY COUNCIL NO. ^ 5 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING COPE SECTION 78-1288 FILE NO. 04-3067 ‘ V. f<►» r *•/ • i •-*» i. -w /. I WHEREAS, Dennis S. Walsh and Amanda L. Walsh, husband and wife (heieinafter “the applicants'*) are the owners of the property located at 1354 Rest Point Circle within the City of Orono (hereinafter the “City”) and legally described as follows: Loi II. “SUBDIVISION OF LOT 14, “REST POINT PARK LAKE MINNETONTCA” and Lot 13, “Rest Point Park, Hennepin County, Minnesota (hereinaftp'' the “property”); and WHEREAS, the applicants have made application to the City of Orono for a hardcover variance to Orono Municipal Zoning Code Section 78-1288 to allow construction of a new addition, replacing the western half of the home, requiring approval of 30.1% hardcover within the 75 ’-250’ zone when 25% is normally allowed. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS This application was reviewed as Zoning File #04*3067. The property is located in the LR - 1B, One Family Lakeshore Residential District, which requires a minimum lot area of one (1) acre. The applicant ’s lot is 0.72 acres in area The Planning Commission reviewed this appliettion at a public hearing held on November 15, 2004 and recommended approval of the hardcover variance based on the following findings: a. The property received a variance in 1999, Resolution #4272, which permitted 29.9% hardcover ii: the 75 ’-250’ zone. Page 1 of 6 ■ A tii GITYofORONO RESOLUTION OF THE CITY COUNCIL NO. b. Although, a net addition of 22 s.f. of structural coverage is proposed, no new hardcover is proposed (the percentages liave been revised to reflect omitted hardcover from the 1999 approval). c. The proposed addition will be constructed in conformance with the average lakeshore setback (existing does not) and ail setback and structural coverage requiremen-s are mei. d. All fabric and/or plastic will be removed from underneath all rock and woodchip areas (areas not included in hardcover calculations). 4.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 propo.sed 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 dilnculty; 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 f ndings, the Orono City Council hereby grants a hardcover variance to Orono Municipal Zoning Code Section 78-1288 to allow construction of a new addition, replacing the western half of the home, requiring approval of 30.1% hardcover within the 75 ’-250’ zone when 25% is normally allowed, subject to the following conditions; 1. Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. Paee 2 of 6 r . • F GITYofORONO RESOLUTION OF THE CITY COUNCIL NO. ^ ^ 2. Hardcover in the 75’-250’ zone shall not increase above the 30.1% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicant is advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. Applicant shall remove all plastic or fabric liner material from the decorative landscape beds (rock and wt^chip) on the property to ensure their permeability as non-hardcover surfaces. 4. Required removals of structure and hardcover shall be completed by the footing inspection for the proposed addition, unless the applicant submits a letter of agreement requesting an extension of the timeline that is acceptable to staff. 5. The existing wood platform located at the shore shall only be allowed as a temporary means for dock storage. This structure shall be removed when the applicant’s dock is in the water. 6. The applicants are advised that upon re-construction of the lake yard staircase, all encroachments must be eliminated and the two existing decks existing within the staircase may not be rebuilt; nor may any platforms, except one 32 s.f in size, be permitted. 7. Due to the intense vegetation removal that has occurred on the bluff, although not entirely by the applicants or all recently, a bluff restoration and preservation plan must be approved prior to the final inspection for the proposed addition. 8. The hardcover existing at the street side of the lot as noted on Exhibit A. within the 75’ - 250’ zone, shall be removed in order to comp'y with the approved hardcover variance of 30.1%. 9. 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 (December 13. 2005). Pac»p 3 nf 6 ' vft V.' GITYofORONO RESOLUTION OF THE CITY COUNCIL 8> <S' cf 10. 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. 11. 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 22"^ day of November, 2004 cad revised on the 13* day of December, 2004. ATTESTi J / if-I^ U.kM Prdperty Owner(s) Barbara A. Peterson, Mayor nc(Jfy) Pare 4 of 6 . r GITYofORONO RESOLUTION OF THE CITY COUNCIL NO.^ t ’';5 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of r « 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instmment was executed on behalf of the City. DENISE M. LESKINS'l NOTMIVMeUC-MWWISOTA )Notary Public M|f ConiMon Expiro lea 31. STATE OF MINNESOTA COUNTY OF HENNEPIN -73::The foregoing instrument was acknowledged before me on this _day of rXx£iOi^L3 2004 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. :aa-.. RACKaOODCC ' »ICtAflYWeUC•MDl:.~•X•T.^ '-/aCL ^(. J Oc^'* Notary Public •i tr-r pRirr S nf fi ! ■ I K MiiJbkikn !*>#! GlTYof OROXO RESOLUTION OF THE CITY COUNCIL NO.^ r ? ^ State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this day of . 2004 by Dennis S. Walsh, husband of Amanda L. Walsh. wiimniiTT:-^ • f ■n /) s 4^ DENISE M. LESKINEM NOrARVPUeUC .MWfCSOXA My CcnMMon Exri(S A'a S' ■MaaaaaB8i£cori > '. v.^-Notary Public State of Minnesota ) )ss. County of Hennepin ) This instrument was acknowledged before me this /2. d®y of IA c v n\ i. 2004 by Amanda L Walsh, wife of Dennis S. Walsh. ^ I.*. "C.li.i. Lu.!.\; U ') ^ ;■ 1 0^ / } •* ^ u W NOTARV PUCUC • AQ^C Notary Public My CoranMon ExpkM Jui 31.13:r-f PC^>> ii I 'C Pflffr fi nf fi \ V > EXHIBIT A Rest POINT PAR a HENNEPIN COUNTY. MINNEyu W-4 [^MoYAiU X \ APPROVED HARDCOVER 7r~2S0 ‘ZONE ONLY HOUSE-3843 s.r. NORTH WALL-1S6t.r. DRIVEWAY-833 (.r. ROCK (MSt tiito o( drlMway) ■ 7 ti. EASTERLY DECK - 197 %.t. WESTERLY DECK-172 t.f. SCREEN PORCH - 184 t.f. TIMBER WAUS (ml M* of house) > 14 s.f. CONCRETE LANDING (east tide of house) - IS s.l. TIMBER WALLS (north end ol tol) - 21 s.l. ROCK WAaS (esti end of driveway, west tide of walk wesi comer of addtilon) - 218 t.f. LOT AREA IN 75’- 280* ZONE- 19.700 $.1. / 5.640 S-f. TOTAL HARDCOVER ■ 30.1% LfOAL OCSCmPTIOM 0» P* Lotll.-SUBOVISlOH LAKE MINNETONKA'* H«nn«pin Co., Minn.** This ttmrsy shows ths boundsHct of Iht location of an silsting houtt. «nd thtrson. R doss not purport to show a sncroschmssls. o : Iron marhar Bsaringt shown are bated up fSS* - : Eilsling contour Mnc. ini WOOOPIATPORM ONLY PERMITTED OURINQ WINTER PORtTORAOEOf DOCK - MUSTM REMOVED IN THE SUMMER WMPf DOCK IS m WATBI , L-V-—H^ \ f\ / ----------------' ' ^ I I \ approval of bluff RESTORATION/ -----— - rSjT “4 PRESERVATION PLAN ms-.r - zct.-SRgomwD prior to i -aiNSPtcnoN OF ADornoN - -- '7" V--------j/{ ----------------------- ------------'/ — - ^" "7 **" ' ■ * -------IPLANSHAUBEIMPLEMENTEO 1----------- ■nygvBMSWor'ooe t l--------- —------------ ________- — ----- —♦»* — -*J» — I'.'’ I* s ■ l^age 1 ot 4 EXHIBIT L Janie* Qundiach From: ftkdennyQaol.oom Sont’ Tuesday, June 14,2005 4:05 PM To: Janice Gundl<«ch Cc: Mike Gaffron; bittybear@onvoymail.com Subject: Re: Pertinent Zoning Code Sections Janice: Based upon the conversation that you had with my consultant, Terry, at my house when I was not present I am requesting that you remove your self and any other person In city of Orono employ regarding this project. I would request the city hire an independent person, that I am in agreement with to hire, to over see the response and recommendations accordingly regarding the bluff restoration and preservation plan. You had told my consultant that the city has me over a barrel, and can make me do whatever they want regarding the bluff restoration and preservation plan because of the prior agreement that I had signed with the city regarding my building permit. I do not see you or any other city employee or contractor as being unbiased In their approach to this project, so I ask for your immediate withdraw. I will also, on record, ask the planning commission as well as the city council for this. Dennis Walsh 1354 Rest Point Circle Orono, MN 55364 612-414-5055 -----Original Message ----- From: Janice Gundlach <JGundlach@ci.orono.mn.us> To: ftkdenny@aol.com Cc: Mike Gaffron <MGaffron@ci.orono.mn.us > Sent: Mon, 13 Jun 2005 15:53:24 -0500 Subject: Pertinent Zoning Code Sections As requested.some of the items in Section 78-1286 below may not apply. Your lake yard is considered a bluff based on the following City Code definition: Bluff means a topopaphic feature, such as a hill, cliff or embankment, having the following characteristics (An area with an average slope of less than 18 percent over a distance of 50 feet or more shall not be considered part of the bluff): (1) Part or all of the feature is located in a shoreland area; (2) The slope rises at least 25 feet above the ordinary high water level of the water body; (3) The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30 percent or greater; and (4) The slope must drain toward the water body. Sec. 78-1282. Stairway lifts and landings. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways, lifts and landings shall be allowed 6/14/2005 Page 2 of 4 (2) (3) (4) in the shore setback zone and must meet the following design requirements: (1) Stairways and lifts must not exceed four feet in width. Landings for stairways and lifts shall not exceed 32 square feet in area. Canopies or roofs are not allowed on stairways, lifts, or landings. Stairways, lifts and landings may be either constructed above the ground on posts or pilings or placed into tlie ground, provided they are designed and built in a manner that ensures control of soil erosion. (5) Stairways, lifts and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water, assuming summer, leaf-on conditions, whenever practical. (6) Facilities necessary to provide shore area access to physically handicapped persons shall be allowed, provided that the dimensional and performance standards of subsections (1)— (S) of this section are completed in addition to the requirements of the Minnesota Regulations, chapter 1340. (7) A building permit shall be obtained for construction of stairways, lifts and landings regardless of whether such improvements are constructed above, at or below grade. (Old. No. 101 2nd series, § 1(10.56(16)(F)), 2-24-1992) Sec. 78-1283. Steep slopes. Any iq>plicant requesting a permit for construction of sewage treatment systems, roads, driveways, structures or other improvements on steep slopes shall provide adequate information to allow die 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 fitim the sui^e of oublic waters, assuming sununer, leaf-on vegetation. (Ord. No. 101 2nd series, § 1(10.56(16X0)), 2-24-1992) Sec. 78-1285. Vegetation alterations. (a) No live tree within 75 feet of the shoreline or within the bluff impact zone with a diameter of six inches or more (or 19 inches in circumference or greater) measu^ three feet above the ground may be removed without first obtaining a permit from the city staff, provided that at least the equivalent number of replacement trees of a size and nature found acceptable to the staff are planted at the same setback from the shoreline as those removed. Appeals of staff determinations as to type, size and quality of the trees to be replaced will be to the council. Removal of trees that are dead shall not require a permit, but such trees must be inspected by city staff prior to their removal. (b) Intensive vegetation clearing within 75 feet of the shoreline, on steep slopes or within the bluff impact zone within the shoreland overlay district is prohibited. Limited clearing of shrubs and trees less than six inches in diameter and cutting, pruning and trimming of trees of any size is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of permitted stairways and landings, picnic areas, access paths, beach and watercraft access areas, and permitted lockboxes, provided that the screening of structures, vehicles or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced. (Ord. No. 101 2nd series, § 1(10.56(16X1)), 2-24-1992; Ord. No. 127 2nd scries, § 7,7-11-1994) Sec. 78-1286. Topo^phic alterations/grading and filling. (a) Grading and filling and excavations necessary for the construction of structures, sewage treatment systems, and driveways under validly issued construction permits for tliese facilities do not require the issuance of a separate grading and filling permit. However, all grading and filling activity approved permits for construction of stn’^tures, sewage treatment systems, and driveways shall adhere to the grading and filling standards of this article. (b) Grading, filling or excavating of more than ten cubic yards is prohibited within 75 feet of 6/14/2005 Hage J ot 4 the ordinary high water level of the public waters enumerated in section 78-1217. Grading, filling or excavating of ten cubic yards or less shall require city staff review and permit and be subject to other pertinent sections of this chapter. (c) Public and private roads, driveways, parking areas, and public or private watercraft access ramps shall not be constructed within 75 feet of the ordinary high water level of the public waters enumerated in section 78-1217. If no alternatives exist, such improvements shall be subject lO the standard zoning variance review procedutc, and such review shall take into account the following considerations: (1) Such improvements shall be designed to take advantage oi natural vegetation and topography to achieve maximum screening from view from public waters. (2) All roads and parking areas shall be designed and constructed to minimize and control erosion to public waters consistent with the requirements of all agencies with jurisdiction. (d) Except for those projects requiring permits for construction of structures, sewage treatment systems and driveways, a land alteration permit will be required as follows: (1) For movement of one through 500 cubic yards of material anywhere within the shoreland overlay district, a staff-issued land alteration permit shall be required. (2) For movement of more than 500 cubic yards of material within the shoreland overlay district, conditional use permit approval by the city council is required in addition to the required land alteration permit. (e) The following considerations and conditions must be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances and subdivision approvals: (1) Grading or filling in any type 2,3,4,5,6, 7 or 8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland: a. Sediment and pollutant trapping and retention; b. Storage of surface runoff to prevent or reduce flood damage; c. Fish and wildlife habitat; d. Recreational use; e. Shoreline or bank stabilization; and f. Noteworthiness, including special qualities, such as historic significance, critical habitat for endangered plants and animals, or others. This evaluation must also include a determination of whether the wetland alteration being proposed requires permits, reviews or approvals by other local state or federal agencies including but not limited to watershed districts, state department of natural resources, or the United States Army Corps of Engineers. Alterations must be design^ and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible. Mulches or similar materials must be i-sed, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible. Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used. Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservation districts and the United States Soil Conservation Service. Fill or excavated material must not be placed in a manner that creates an unstable slope. Plans to place fill or excavated material on steep slopes must be reviewed by the city engineer for continued slope stability and must not create finished slopes of 30 percent or greater. Fill or excavated material must not be placed in bluff impact zones. Any alterations below the ordinary high water level of public waters must first be (2) (3) (4) (5) (6) (7) (8) (9) 6/14/200S Hage 4 ot 4 i t authorized by the commissioner of the department of natural resources under Minn. Stat. § 103G.24S. (10) Alterations of topography must only be allowed if they are act*essory to permitted or conditional uses and do not adversely affect adjacent or nearby property. (11) Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the fmished slope does not exceed three feet horizontal to one foot vertical, the landward extent of the riprap is within ten feet of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three feet. A riprap permit shall obtained per the requirements of section 78-969. (f) Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons and harbors, are prohibited above the ordinary high water level. Such excavations below the elevation or the ordinaiy high water level are subject to approval of the department of natural resources and other agencies with concurrent jurisdiction. (Ord. No. 101 2nd series, § l(10.56(16XJ)), 2-24-1992; Ord. No. 127 2nd series, § 8,7-11-1994; Ord. No. 163 2nd series, § 3,12-8-1997; Ord. No. 171 2nd series, § 2,4-4-1998) As mentioned over the telephone, you have the option to appear before the Planning Commission with the plans you've submitted thus tin and the comments received from the engineer thus far. The purpose of this would be for die Planning Commission to give you formal guidance on what level of "restoration/preservation" would be expected of you, as this was a condition of your previous hardcover variance approval resolution. In orto to have ample time to draft written comments for the Planning Conunission regarding the status of this applic^on, staff will need to know by Wednesday morning whether you plan to hold off until the July PC meeting so that you can obtain the services of a structural engineer or whether you want to q)pear before the PC Mondqr the 20* with your current plans. Please call me at 952-249-4623 with any questions. HeNNEPWCOVWJ^!;^^ .ERSUS7 r UNOAV 31 OTm»J‘«®“ „ «u»»DO« ■»«’ > weo>« 0»»»"*“‘ ;Ii»M »«»“"""“*'T«<r*v» 7„,ii£StWIKrci» HAMSAOOR 5536* ,1 wimisi#^ WOf AOOR OWNERS"*® iSlAROl-AMf'NSO^* taxtave R 7" esTPOiKrciR HAME/ADOR i^oy^oMH 5M** OWHBAHAME ^^hIc HOUAS* ISTresteoiktro HAMB»AOOR «^;;dhm 5S3E* fROTAOOR OWWERHAME taxtaye R HAMBfAOOR 1154 REST KMMYCIR iSwbMM JW I t > 33 01H7133*®®^VlilRESTPOlNTaR PRor AOOR altemhofeh ET a '- OWHERWAME ^JJ^ja LTENHOFEN TAXRAVER “^^.gjTPO.HTClR HAME/AOOR S5J64 3, oim23M0030 «n« I3»0 RESTF®**"*^PROTAOOR ^ha HIE FERRELL owwerhame ^“awiefe RRE ll TAXPRY®; ,j,jAESTf01NTtA MAMOAOOR 55^^ prof AOOR OWNER H^ME taxfayer HAM0AOOR 38 07n72J3X»60 1346 REST FOINTRO MOONOMH 55J64 PROPAOOR 0WNER><RF -yRRATH^^'"' taxpayer ° aest point RO WAME/AOOR 5SJW 33 07113771101*'’' . 1148 RESTPOINTCIR PROP AOOR INC OWHERNAME T H taxpayer oojjorm ANOR MAME/AOOR j^i^jjetONRAMN S534S r.sTorc« taxpayer ,.>«a 6ST point circle HAME/AOOR ^qu ^omn 51364 3, 07II7U51W®' PROP AOOR OWNERNAME TAXPAYER point LA MAME/AOOR j^Qy^oMN 35364 5/AOOR ** I :^*r 3 EXHIBIT N \J /35Y ■ -.r #• ^ C , • • • • ,• ' <' » > ;•/7 V :r..e j i Inter-Office Memo login—n 4 ArcWNCti To: Tom Kellogg 0ele:X7-l 1-2005 From: Stuart Krahn Phono: X4861 Ro: 1354 Rest Point Circle (File «04-3067) Romorkoi Tom: I have the following comments on the Planting Plan dated 7/1/05; 1. Wood Platform; Applicant should verify whether the existing wood platform shown in the survey is to be leiTKtved or is to remain, or is seasonal for winter dock storage. If it is to remain or is seasonal, the applicant should clarify how this impacts the planting plan. 2. Shrub Spacing: A number of the proposed shrubs are shown at 6' or 7' on center. This includes the dogwoods, viburnum, amur maple, and sumac. While this spacing reflects their mature size, it does not provide sufficient root structure to stabilize the slope when the roots of the previously cut vegetation decompose. The maximum spacing on new shrubs should be reduced to 4* on center, with 3* on center preferred for smaller species. The honeysuckle at 2.5 ’ on center is appropriately spaced. Applicant should revise plant quantities as required to cover exposed slopes. 3. Perennial and Grass Spacing: To stabilize the slope, all perennials and grasses should be spaced at 1.5* on center, with the exception of the switch grass and little btuestem, which should be spaced 2 ’ on center, and the sedum, which should be spaced at 1’ on center. Applicant should revise plant quantities as required to cover exposed slopes. 4. Plant Species: The Moonshadow and Winter Creeper Euonymous and the Wilton Carpet Juniper are not proven performers for stabilizing south-focing slopes. Ash Leaf Falsespirea and Red or White Snowberry are recommended alternatives. Also, amur maples have begun to show up in the wild and are competing with native plants, so are not recommended. 5. Planting Practices/Temporary Erosion Control: Excess soil removed from planting holes will wash into the lake if It is left uncovered on the slope. Therefore, cutting existing dead stumps off at the ground, seeding the slope, placing type 2S straw erosion control blanket, and then planting through the blanket, is recommended. No excess soil should be left on top of the blanket. CUNat immanfiRF* M MimsllPaHil«i 9m «t4»-i}ii iMTtM CrnprnmPpmm 9mm 9m 3M 112 7 NO 2100 srai4«o CaOaiii r2ia ftaacS uoornmmso^ ^mo nK2Si40S3 99m 22C 2S142S2 ho *01 foena •474tO>K3i I I 1 i Ditt AppHcatloi Received: 04-21-dS Date Appllcatioii ConiMered ii Complclc: 04-2 f*0S M-Day Review Period Eilcaeloa Eipircs: •l-li-OS «»cctimG JUL 1 ' 2005 ClfYOf-OHONO REQUEST FOR COUNCIL ACTION Date: July 6,200S Item No. O' DcpartmcBt Approval: Nanc: Melanie Curtis ijP TMIe: City Planner ^ Adnfnistrator Approval:Agenda Section: Item Doscription: d05-3116 -Minnetonka Power Squadron - 510 Big Island - Variances - Resolution 2^nfaig District: RS, Seasonal Recreational District Lot Area: 9.3 acre (405,676 s.f.) *according to Heimepin County property records List of Exhibits: A. Resolution per Planning Commission recommendation B. Revised Survey C. Memo from Willie Gibbs, Septic Manager D. PC Action Notice dated 06-21 -05 E. PC Memo & Exhibits of06-09-05 Application Snniniary: The applicant is requesting a conditional use permit amendment in order to replace: 1. A failing septic system; and 2. A shower which was discharging to a wetland. The applicant is proposing to construct a new 600 s.f. combined toilet and shower building with a new septic system at the top of the hill. Due to the fact the toilet/shower building will exceed 120 s.f in area. Council approval is necessary. Planning Consmbsion Rcconmcndation On June 20,2005, Planning Commission voted 6 - 0 to recommend approval of the conditional use permit. Planniag Staff Recommendation Approval of the conditional use permit per the attached Resolution. COUNCIL ACTION REQUESTED Adopt or amend the attached Resolution. ’iiiiili A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTION 78-565(3XF) FILE NO. 05-3116 WHEREAS) Minnetonka Power Squadron, a Minnesota non-profit organization (hereinafter “the applicant”) is the owner of the property located at 510 Big Island within the City of Orono (hereinafter the “City”) and legally described as follows: Tract A, Registered Land Survey No. 1294, Heruiepin County, Minnesota (hereinafter the “property”); and WHEREAS) the applicant has made application to the City of Orono for a conditional use permit amendment per Orono Municipal Zoning Code Section 78- S6S(3XF) to allow construction of a toilet and shower building in excess of 120 s.f.. NOW) THEREFORE BE IT RESOLVED by the City Council of OronO) Minnesota: FINDINGS 1. 2. This application was reviewed as Zoning File #05-3116. The property is located in the RS, Seasonal Recreational Zoning District which requires a conditional use permit for a Day Use Recreation Area. 3.The Planning Commission reviewed this application at a public hearing held on June 20, 2005 and recommended approval of the conditional use permit for the toilet and shower building in excess of 120 s.f. based on the following findings: a. The property is located on Big Island and is 9.3 acres in area. b. In November of 2004, the City Septic inspector determined that the current septic system was non-compliant and required replacement by July 2005. Page t of4 >1 . J' c. The approximately 600 s.f. building is necessary to adequately serve the number of users and regular level of use of the Power Squadron activities. 4. 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 tht public, and the elTect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit for a new toilet and shower facility to be constructed for the Minnetonka Power Squadron, a day recreation area use allowed conditionally within the RS Seasonal Recreational Zoning District, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Removal of the existing toilet building is required and its removal shall be completed upon commencement of the use of the new toilet building. The existing non-compliant septic system shall abandoned according to City Code. 3. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (July 1 1,2006). 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. Page 2 of 4 K- ■Mi Adopted by the Orono City Council on the 11"* day of July, 2005. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of _______, 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 3 of 4 I-■■ ■;1 - . .• "V.; ••IL STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of , 2005 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this__day of by Gregory E. Korstad, President, Minnetonka Power Squadron. ,2005 Notary Public Page 4 of 4 ii & m,. t BrnhiTA m T CERTIFICATE OF SURVEY FOR THE MINNETONKA POWER SQUADRON OF TRACT A. R. L. S. NO. 1294 HENNEPIN COUNTY, MINNESOTA ‘IMOi . ; '• nui ) \\ 4 • • • ifoniowt ii7jf ± ± SB ''~^MMCOWrBUI>UNi ^ tirtpy**^** ______ "-O- Vv ^0^kS^' B V A /i ■■ %'.V' • •• V VV» • •> ,..• _ ;. «5* LiOAi oeacRiPiioii of PHiMnes: Trtd A, RmMm# IM Suim No. 12H «m olSw RiglMrif of TWO, tfawopln Coonly, Mtnmooia TliM Mirvw Miowo tw boundtflM of «w iSovt SMCfIbod pfOBorfv, ioMNow ^Mi >iillMngo> m4 tho pruioooO tocoBon ofi pw MMIni SiorMfL It Soil not pui^ lo ifww wir ottMf iwprooownlo or oncioiefimofitt. • : IfMflMftNr t EMolIng pontouf lln^ moon ti lowl dMuw •oofinio ihown art Notd upon an itnnoS ditum Ibo apfopoood SCALE IN FEET NOTE: TopogrtpNc Informotlon likan Iroai Orano CMy aiap GRONBERG & ASSOCIATES, INC. CM Cnginoora, Land Survoyora, Land Plannara 445 North Wlo« Orhro. Long loko. IM 55356 %4 % mm* OMiaa I 0c«mr& / i£2^0po- fE 126.50 / / -------------------------- ,H/ /,^-;z7^',' ///V' -////// / ' ' W ' \\ / yy. Memoiandum Meluiie Curtis CC: Fram: Willie Gibbs ISTS Inspector IMo: 6/2I/200S Ra: SIO Big Island, Power Squadron Parcel • w JtS I have been informed foat my predecessor gave a deadline to the Power Squadron of July 1,2003 to cease using the bathroom facilities. This time frame seems a bit pre- mature since final approval for the Power Squadrons new bathroom building will not be granted until July 11 ,2003. It will then be another several weeks until the bathroom building is buih and hooked up. ■kyiM The existing system is approved for continued use until the shower building is functional. I will set an ultimate deadline of OCTOBER 1,2003 to have everything up- daled. If you have any foithei questions, please ftel to contact. •!.' ?;■: CITY OF ORONO 2750 Kdky Parkway POB0X66 Cryital Bay, MN 55323 952.249.4600 ZONING FILE 05>3116 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: June 21,2005 TO: Minnetonka Power Squadron ATTN: Gregory Korstad 7900 Xerxes Avenue Suite 1500 Bloomington, MN 55431 COPIES: TYPE OF REQUEST: Coaditioaal Use Permit Amendment DATE OF MEETING: Jane 20,2005 Plaaiiag Coambsioa rccommcaded as follows: Approval of the CUP amendment as proposed. A septic design must be submitted and approved prior to Council iqiproval, and all applicable building codes must be complied with for the new construction. VOTE:6 FOR 0 AGAINST Ai^licant’s next scheduled meeting is confirmed as: City Coaacil - Jaty II, 2005 - Meetiag starts at 7:00 pm If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. If you have questions, please call City Planner, Melanie Curtis at 952.249.4627. >■ 'jmm ■ by. Date Application Received: 04-2I*0S Date Application Conaidcred as Complete: 04-2l<0S 69-Day Review Period Eitension Eipircs: 08-21*05 FILE S05-3116 9 Juno 2005 Page 1 of 3 To: From: Date: Subject: Chair Rahn and Planning Commission Members Ron Moorse, City Administrator \I\PMelanie Curtis, City Planner June 9.2005 *CONSENT ITEM* 05-3116, Gregory Korstad on behalf of Minnetonka Power Squadron, 510 Big Island -Conditional Use Permit Amendment -Public Hearing Zoniag Diitrict: Lot Area: RS, Seasonal Recreational District 9.3 acre (405,676 s.f.) *according to Hennepin County property records Application Summary: The applicant is requesting a conditional use permit amendment in order to replace: 1. a failing septic system; and 2. a shower t^ich was discharging to a wetland. The applicant is proposing to construct a new combined toilet and shower building with a new septic system at the top of the hill. Due to the fact the toilet/shower building will exceed 120 s.f. in area. Council approval is necessary. Slqff RecommendaHon: Planning Department Staff recommends approval of the conditional use permit amendment subject to the building and septic codes.___________ Pertinent Zoning Ordinance Sections Sec. 78-565. Conditional uses. Within any RS seasonal recreational district, no land or structures shall be used for the following uses except by conditional use permit: (3) Day-use recreation areas. Land or structures owned or used by any private club, association or group of unrelated individuals as a regular meeting place for group activities, including without limitation boating activities, swimming, fishing, picnicking, athletic fields, nature trails and other day use. Overnight camping shall be permitted only on an occasional and incidental basis. This category includes day use scout, church, YMCA or YWCA camps, private nonprofit parks and boating groups, clubs or associations. This category docs not include public day-use parks. A conditional use permit may be issued for a day-use recreation area, provided the applicant demonstrates and the council finds that the property is large enough to support the proposed use without adverse clTect upon the lake, upon the land or wetlands, upon neighboring or nearby properties, and that extra private precautions are taken for fire protection and for security of persons and • P FILE *05-3116 9 June 2005 Page 2 of 3 property commensurate with the number of users expected on the property, as follows in items (a) - (i). (See pages 2-3 in this report for items a - i). Lbt of Exhibits A. Application B. Existing & Proposed Survey/Site Plan ^Slightly revised survey pending - should have for Monday ’s meeting) C. Proposed Plans and Elevations D. Aerial Photo E. Letter from MEI F. Resolution No. 3416 G. 60-day extension H. Septic Report from 2004 I. Property Owners List J. Plat Map Background In November of 2004, the City septic inspector notifled the applicant that the existing shower and toilet facilities were failing, llie City at that time required that their use be discontinued and the systems upgraded by July of 2005. The applicant met with Planning staff in March 2005 to discuss the options and fulfill the Pre-Application Meeting requirement. At that time staff discussed a new shower/toilet facility and the conditional use permit requirements. The applicant is proposing a concrete 20’xl4’ combined toilet and shower building detailed in Exhibit C to be constructed near the top of the hill on the property. The building is proposed to have facilities for both male and female club members with a shower, a sink and two toilets in each half There will also be a small storage closet to house mechanical equipment and supplies. The building is proposed without electricity or internal lighting. The roof will contain vents and skylights and night-time illumination will be facilitated by a street light type of light on a pole outside the building to deter the attraction of swarming insects. The failing shower building, which has been removed, was located within the 75’ setback. Ciurently, within the 0-75’ zone the only structure is a 1,700 s.f pavilion shelter. There are four additional sheds on the property, two of which are completely within the 75’-250 ’ zone; one is partially located within 75’ of the shore. The toilet/shower building is proposed to be 280 s.f, which will account for 0.25% hardcover within the 75’-250 ’ zone. Conditional Use Permit Analysis The Minnetonka Power Squadron has operated a day use recreation area on the property since 1969, and went through a conditional use permit review in 1994 (Resolution 3416 is attached as Exhibit E). The purpose for the conditional use permit review at this time is the need for the new toilet and shower building in excess of 120 s.f. The following arc requirements for Day Use Recreation Areas within the RS zoning district. • The minimum dry-buildable record tot area required for approval of a day-use recreation area conditional use permit without a variance shall be 5.0 acres. If the number of expected users at any one time exceeds 100, the minimum lot area required I'nm - ? -1 ,V-: FILE #05-3116 9 June 2005 Page 3 of 3 shall be increased to maintain a ratio of at least 1.0 acre per 20 users. • The minimum lot width at the shoreline shall be 200 feet. • The club, association or group shall each year obtain a joint-use dock license from the city and from the Lake Minnetonka Conservation District, and shall at all times abide by all its terms. The number of licensed boat slips shall not exceed one slip per SO feet of shoreline. Any swimming area shall be suitably marked off and separated from boat traffic areas, and safety equipment or supervisors shall be provided as may be required by the council. On-site sewage treatment shall be provided in conformance with the requirements of section 78-574. All new buildings or structures on the property, c xcept accessory structures 120 square feet in floor area or smaller, shall be appre ved by the council as to size, location and proposed use prior to issuance of any building permits. ~ • The property shall be provided with telephone service for emergency use. • The lot or parcel shall be located directly on the shoreline, or other access shall be available via a privately improved and maintained access to the shoreline. • All property in common ownership shall be combined into one tax parcel, if contiguous; or, if separated by public rights-of-way, a special lot combination form shall be executed and filed in the chain of title of each separate parcel. Staff finds that the property has been used in accordance with the above requirements, with the conditional use permit and the Conclusions, Orders and Conditions put forth in the 1994 Resolution. The applicant’s septic designer has been and will continue to work with the City septic inspector to propose a design meeting the State and City requirements. The drainfield areas noted on the survey may change slightly, but the final plan must be approved prior to the issuance of a permit. Issvcs for CoMideratioa 1. Does the Planning Commission have any concerns regarding the lighting on the site? 2. Regarding the proposed exterior finish of the building, does the Planning Commission feel that the concrete block structure is adequate? 3. Arc there any other issues or concerns with this application? Staff Rcconmcadation Planning Staff recommends approval of the conditional use permit amendment for the shower and toilet building provided that the applicant complies with all building code and septic regulations. gxfflMT/J-Application# Q5~"3>1|(/? Date Received H-ZI-OiT Amount Paid /ocX:>- CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION ^ Site Address ______ Type of Application to be Filed da.9 Property Identification Number (P.I.D.) *2-^ //7 ZS OCL, Name (Ac^tAe^gKvIiCfc. - Pnone(\A Vtfvv I [AJL. Phone (home).__________________ ___________________________________________________ AddressT^QO IgvX^l^dOCity fl(c30h4iKj-^*uv Zip M,C^ / wfc ’ T~~ Pnone(work) OWNER (if different than applicant) Name __________ Phone (home). Address Phone (work) .City_____Zip. Date Property Acquired (month/year) 1 (do) (do not) also own the adjacent parcels of land. FEES • CONDITIONAL USE PERMITS - $600.00 Residential Accessory Use $600.00 Institutional (church, school, etc.) ___$600.00 Guest House/Guest Apartments ___$600.00 Duplex Credit/Bldg ___$600.00 Commercial/Industrial Use ___$600.00 Land Alteration + Permit ____Grading and filling - designated wetland or floodplain ____Grading and filling - 501 cu. yd. or more ____Grading, seawall, retaining walls within 75' of lakeshore PRD/PID - see Fee Schedule $250.00 Renewal Fee (no change from original application) After-the-Fact Fee - Double Current Application Fee OTHER APPLICATIONS _____$600.00 Commercial Site Plan Review (+ consultant fees) _____$600.00 Vacation .... $600.00 Easement Vacation _____$100.00 Easement Vacation With Subdivision _____$600.00 RezonIng (PUD - refer to fee schedule) _____$600.00 Comprehensive Plan Amendment $100.00 Appeals Other - see Fee Schedule ff Vn REQUIRED SUBMITTALS 1. 2. 3. V • ?j •. •, . • 'vt t . , 4. 5. 6. 7. 8. 9. Completed Application Form. Describe request in detaii. Certified Property Owners List of owners within 350' of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department of Finance, Government Center, A-603 300 South 6*’’ Street, Minneapolis, teiephone 612-348-5910). Certificate of Survey (signed by a iicensed surveyor) - refer to handout for survey information. Attach legal description to application if not inciuded on required survey. Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). Construction plan, if applicable (see staff for requirements). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 3 COPIES OF LARGE DOCUMENTS AND 1 COPY FOR REPRODUCTION (11" X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require sealed drawings of all documents, plans, etc. to be submitted.) The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff:___________ Date APPLICANTS SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual e)^nse^ incuiVed in review of this application, and certifies that the information supplied ^^uqfal/d ^rrect to the best of his/her knowledge. Applicant's signature OWNER'S SIGNATURE The owner hereby acknowlertfes and agr ?es to this application and further authorized reasonable entry onto toe pfoperty by City staff, consultants, agents, commission members, and Couneij/njefni^ers ^^pu/fp^ses of investigation and verification of this request. Owner's signature \/J\F '__________Date Applicant must have d\\ we City offides 25 days before the Planning Commission Meeting Planning Commission ^^tirw are held on the third Monday of each month. Applicants must be present at all scheduled review meepgs of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting,please make arrangements to have an authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting 1t I Jt 1 r DATA PRIVACY ADVISORY In accordance with M.S. 13.04, Subd. 2, "Rights of subjects of data", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that; 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under M.S. 13.04 (see following page) to review private data on yourself. 6... . Your full name is required to process this application or permit. First Middle Last Address /CYmCY- City U^/0 Jt/K/ 9CP State I understan Signal Zip Phone tated above. y.C ,) uJliian 5 -»*0* r//v Jts^ / / / / / / III t E 126.50 ■1#' /=i, //./ / / "h----A / / C V; ■/ / ' ///7A/ z'I 'sfKSAll ow \\ m X \\r8U0AAIM^ ''01 /^|oiir4>c V lU.Bte ///// V ^ ■I ypoakoTIC/jWEA rtmcR0Paes V WEU X 8HEDO/' ✓ \ ff!’ (•^■■^r... *!•. f K- v--I i' , V';;v.Vi. - 1«^ ' • ‘ >«. „ s* >;» >r:: ,r 0 >* .*> onnu..JiiliL C2U*L fu Ma wmmemtrt 1^^ M f. -“-t Miti^ 11 ~ ^w, V______I ) fl^Bffiili f°°" iVWBF*^ ■MPimne !SSn hO J aoSmaao I f|Slt I •••^< 3 f IIII Exhibit D 0 rr. I.'-*':/• > ' > •' •' ^ "f.^,rc • *■ • "V >'■ '•• •■•*•• “• . ■‘* •hJiy;;.y^v .* - r'-.,. .. -. t' 1. >. •> ». ' , ^.v / - ‘/; - 1. » 7 . •>. - ‘ ' ■/• . ■ -‘ ■• PI /■.' ijl* / :.Sx^v'-'A ■*►‘C \ '.. •;« fV'’ V T"Mi ** '4L*^ ' \ k#v-^N V'^'..- ^- ■:'•'■: • - *4^-. •' .i . Pfe^targT.^. V ^t.)---;. - *v'>;'>$90/-- > '*■ ' • ' * t/',. , ^ ^ ■ ’•* ■* .;.- ..<*-v.--, r 'V-r /'■ -V ■ •' . • :. • -..V ■ ' Nf-‘ ■^^• .. ■ E r- . .■ i fe?-'- '■ i»./ . ll H^\4 ‘ %' ■ IHK^alM^^-' V ■' jp-, M# A- »r;v ^ ^ |v'>.■'••l-^v: • •* ^ >4.*‘'^ Jr ' ' *• »^ % *k^ . '^W \w Ml Miller Emrinmincntal Inc. Phonk 763-370-S961 Pax : 763-441-9176 333 East Main Sireet • Elk Rim, MN 55330 • ' •' »«„ ■: T* ' y - ■. . .r-,' • f. ■» ! OiegoiyE. Kontad Mionetonki Power Squadron 392S Evergreen Land north Plymouth MN 55441 -k' ‘'*4f». • • Re:Sqitic System Design 610 Big Island Orono, MN hv W * 9T %, * . « DearOreg; Miller Environmenlal, Inc. (MEI) has been hired to provide the Minnetonka Power Squadron with a septic system d^gn for its new toilet and shower building on Big Island. In October 2004 we visited the property with then City of Orono Septic System Inspector Matt Bohennan. During our site visit Matt and I identified two areas that we believed would be good candidates for primary and alternate drain field locations. During our visit we also conqtlcaed three soil borings in these locations adjacent to the inoposed building. We concluded that the onsite soils will sunwrt eifiier a standard subsurfooe drain field or standard mound drain field. •• %•••• - ^ MEI inlends to re>vtsit the site to complete the required field work and pr^Mie a septic system design for the pn^osed focllity. If you have any questions, please ftel free to give me a call. Sincerely, Peter C. Miller, P.S.S. MPC A Designer 1 - #2262 a <:• »A‘ 3' I 0m ^ , w f/ k # o»^W CITY of ORONO RESOLUTION OF THE CITY COUNCIL no._§_^_LL1____ TRANSFER ENTERED FMNEHNCX)UNTY TAXPAYER awiCES A RESOLUTION GRANTING A CONDITIONAL USE PERMIT AND VARIANCE FOR UAV on mi day use recreation AREAMAT sv im municipal zoning code lUtrfiE^------------ section 10.31, SUBDIVISION 3(C) / -'OEPOTi FILE #792 WHEREAS, Minnetonka Power Squadron, a nonprofit Minnesota corporation, (hereinafter "the applicant") is owner of the property located at 510 Big Island, also identified as RS District Record Lot No. 5, within the City of Orono (hereinafter "City") and legally described as: Tract A, Registered Land Survey No. 1294, Hennepin County, Minnesota (hereinafter "property"); and WHEREAS, pursuant to Section 10.31, Subd. 3(C) the applicant has submitted the requested information for review of a conditional use permit for Day Use Recreation Area with occasional overnight camping. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. 2. This application was reviewed as Zoning File #792. The property i.« lotaied in the RS Seasonal Recreational Zoning District. Orono Zoning Code Section 10.31, Subd. 3(C), adopted by the City Council in 1983, requires that a conditional use permit be obtained for any day use recreation area, and provides minimum standards for approval of such use. 3.The Minnetonka Power Squadron has operated a day use recreation area with occasional overnight camping at the property continuously since 1969. Page 1 of 7 r -i- '-I o CITY of ORONO RESOl.irriON OF THE CITY COIJNCII, NO.o /. t •".■ - ■ -■• •■ ■■ j 4. 6. 7. • The applicant has made cenain improvements to the propert)' since 1969 including a picnic pavilion and vault tOilet facility (1972) and a private well (1985). Two additional storage structures are located within the property. The picnic pavilion is considered a legal nonconforming structure since it legally existed at its current location less than 75’ from the shoreline prior to adoption of hardcover and 75' lakeshore requirements. Section 10.31, Subd. 3(C-1) requires minimum of 5.0 acres dry buildable area for day use recreation area. The gross lot area of the property is approximately 9 acres, of which approximately 7.5 acres is considered dry buildable, thus meeting the minimum acreage requirement. Section 10,31. Subd. 3(C-1) also requires a minimum "lot area-to-user" ratio of 1 acre per 20 users. Under that standard, the code would allow up to 150 users on the property at one time. All abutting adjacent land is owned by the Hennepin Parks, and there is no adjacent land available for acquisition by the applicant. The Minnetonka Power Squadron by-laws set no limit on the number of members. The average number of members (family units) is 250 to 350. Theiefore, the potential exists for the number of users at any given time to exceed 150. Because the Power Squadron is a nonprofit organization, it is technically exempt from the provisions of Municipal Code Section 5.25 requiring a license for shows and large assemblies in excess of 300 persons at one time. Lot width at the shoreline exceeds 1,200', and meets the minimum lot width requirement of 200’. Minnetonka Power Squadron has annually obtained a joint use dock license from the City and from the LMCD since 1969. The property contains approximately 2,250’ of shoreline and has historically been licensed for the 45 transient slips this shoreline length would allow at a level of 1 slip per 50’ of shoreline. The Power Squadron ’s published rules for "Streater Cove" confine swimming to tt)C beach area, which is designated by buoys. Page 2 of 7 [} 'i III III II mil .................. iinin iiiiaiiy ii n m / a \ ■ ■-CITY of ORONO nESOLirriON OF THE CITY COIWCIL NO. ^ ^ 1 1. The propeny contains a vault type toilet system which is pumped out as required. The history of maintenance of said system indicates that it meets the intent of the sewage treatment provisions of Section 10.31, Subd. 12. 12. 13. 14. A telephone is available at the site. The property exists as a single tax parcel which anuts the lake. The Orono Planning Commission reviewed this application on April 18, 1994 and recommended approval based on the following findings: A.The site containing 7.5 dry buildable acres is large enough to support a day use recreation area and occasional overnight camping use without arty adverse effect upon the lake or upon the adjacent wetlands located within the northern portion of the propert>*. fi.The continued use as a day use recreation area will have no negative impact upon the neighboring adjacent properties nor on nearby properties. C.Based on the historic and expected continuing level of use, the fire protection system developed by the Orono staff for Big Island and the Streater Cove guidelines established and published by the Power Squadron for member use of the site will provide the necessary precautions to maintain the public safety and welfare. D.The historic and continuing level of use requires a variance to Section 10.31, Subd. 3(C)(1) to allow in e.xcess of 20 users per acre on the site at one time. In the opinion of the Planning Commission, the Power Squadron should be allowed up to 500 users at one time without special requirements. Events or occasions in which more than 500 users will occupy the site should be subject to City Council approval. E.The Minnetonka Power Squadron provides a significant public benefit to the lake by fostering and encouraging seamanship and safe boating practices. Additionally, the property is occasionally used by educational, research and civic organizations. Page 3 of 7 /o❖°4 o « \» /w* CITY of ORONO KESOLUTION OF THE CITY COUNCIL NO. 4 ^ 0 15. The City Council finds that granting a conditional use permit to allow day use recreation areai with occasional overnight camping will not be detrimental to the liealth, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will its use depreciate surrounding propeny values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. 16. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicant and the affect of the proposed use on the health, safety, and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit and user density ratio variance per Municipal Zoning Code Section 10.31, Subdivision 3(C) for a Day Use Recreation Area with occasional overnight camping at 510 Big Island (Record Lot 5) for Minnetonka Power Squadron subject to the following conditions: Minnetonka Power Squadron shall be limited to 45 slips at the existing seasonal docks. Applicant shall obtain the required annual Joint use dock license from the City and shall meet any multiple dock requirements of the LMCD. All existing dock slip' are considered transient rather than permanent mooring slips, but this shall in no way prohibit the occasional overnight docking of boats for overnight camping purposes. Applicant shall provide transportation to the property for annual inspection of the existing sewer facilities and fire protection facilities for compliance for the minimum requirements. Applicant shall provide fire protection for any camp fire rings at the site. Such protection is subject to the special standards developed for island recreation areas by the City of Orono’s Building Department. This protection shall consist of a supply of sand, water, bucket and blanket. Page 4 of 7 1. 2. 3. CITY of ORONO RESOLimON OF THE CITY COUNCIL NO. - ' t Q-------- 4. 5. Th^ number of users of the propenv at one time shall not exceed 500 persons exxepl by special approval of the Cit>' Council, which approval may be granted bv the Council on a per-event basis upon prior request, subject to any vvhich the Council may determine are necessar)- to preserve the hea t , s . welfare. Authorities cranted by this resolution are granted specifically to the Minnetonka Power Squadron or any of its affiliated organizations. Any transfer of the property other than a transfer to an affiliated organization, shall result in automatic Expiration of this permit and the new owner ^all apply for a new conditional use permit if a day use recreation area is proposed. 8r.med herein, and shall be punishable as a m«den«anor. Adopled by ihe Orono Ciiy Council on this 25th day of April. 1994. ATTEST: Dorothy M City Clerk Edward J. CalWhalh, Jr.. Mayo ixrT \..I— Page 5 of 7 eiTY of ORONO RESOLUTION OF THE CITi' COUNCIL NO g 4 1 S-------- STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing insmimem was acknowledged before |^ct*rk of a^fe^riT ’a M^ta municipal corporation and said instrument was executed on behalf of the City. /*. f / 'J NOTAnV^ftMiMf * l^HESOTA HENNEPIN COUNTY My eoRMrJMton MpIcM i-1** Notary Public Page 6 of 7 ‘f f t t B.Mr-^iUfa ] k t mu jCOBhiU tnrs\’\jKn ^\\ V • \\ i'^ /fi&i Jri' CITY of ORONO RESOLUTION O^ TJll^ QITY COUNCIL NO. :wM STATE OF MINNESOTA ) )ss. COUNTY OF HENI’EPIN ) On this j. •day of within and for said County , personally appeared C Z)/ ' ■ /_____________, 199 / . before me a Notaiy Public liy aoneared t'/i/’. 4~ 5~/~» c •' n «k- . ^ known to me to be the person(s) described in and who executed the foregoing instmment, and acknowledged that he (they) executed the same as 1 .s (their) free act and deed. \.v 'e»?iro; B-12-86 I 4% • / // Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this J>, 5 day of /l/Yi / ly , 199 j/, before me a Notary Public within and for said County, personally appeared _U1_ ffrA <i f* y . --------------- known to me to be the pcrson(s) described in and who executeef the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTAm^wSu^* MWHESOTA S HENNEPIN COUNTY ♦ M» ewnmh*»on wplrw a-W-SB L-i' Notary Public Page 7 of 7 ■ -• — s&gaai resolution i ■(. A , STATE OF MINNESOTA COUNT! OF HENNEPIN CITY OF ORONO ) ) ) ) ) cou„t;.””H7„V\^o”;,r-Vo\"h.rlSrcV^^^^^^^ foregoing copy of « '■«»°^"“°"3°U’^?„olution in the Minutes of the with the at a meeting of said City Council held proceedings of said Ci y and that the same i* ® r<»« on Anril 25 ’ - - - - - -- *•“ '“<‘1 citv council at said meeting. ** - - - - « 4. U <r T have hereunto set my hand and seal this In witness Whereof, I hs , I9ai_ _• nth _ _. »•» “f - - - -—ABtJJ- - - - --- - - yfjfchT'^Hallin. City Clerk (SEAL) • * •:;• t / •. 1.5 ’•f . w .• rrr - .**1 * ',• • —- •-* • . - - . ,•* , * » ay e •» J m V _ • • • • ' ___ • e • » / • t ^fft8<T6? GITYofORONO Munkipal Offices « # V*' r»^ SIratt Mdriu: 2750 Kelley Parkway Orono, MN 55356 MaHlag Mdrass: P.O. Box 66 Crystal Bay. MN 55323-0066 May 24.200S Minnetonka Power Squadron Attn: Gregoiy Korstad 7900 Xerxes Ave South, Suite 1500 Bloomington, MN 55431 REQUEST FOR FURTHER INFORMATION SUBJECT: Zoning Application H 05-3116 This letter is to notify you as to the status of your application for a conditional use permit amendment for property located at 510 Big Island, Below is a list of items the City of Orono is requesting to complete our review: ^ One (1) additional copy of the certificate of survey and one (1) reduced copy either 8.5’’xl 1 or ll”xl 7 ” of the survey for our reproduction purposes. ^ The septic system design and report for the proposed system. Additionally, State law provides that Cities shall make decisions on zoning requests within 60 days from the date of application, and that this review period may be extended by notification to the applicant. Your application was received on April 21,2005 and the 60-day review period would end on June 21, 2005. Due to the deadlines the earliest potential date of Planning Commission, and subsequently Council action, falls after he expiration of the 60-day period. Therefore, the review period is hereby extended by this notice an additional 60 days to August 21, 2005. Please submit the hems reque.stcd above by June 6**" for the June 20,2005 Planning Commission agenda. Please call me at 952.249.4627 should you have any questions. Sincerely, City of Orono \JUuL0^^ Melanie Curtis City Planner lUcphone (M2) 24M6M • Fax (952) 249-4616 u- GITYor ORONO Municipal Offlccs Stoaat Mdrau; ^ |iiii«|/yirtu: 2750 KeHey Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 To Current Owner:Address ■ SIO XS\<^rsc) City Ordinance 199 requires that each existing on-site sewage treatment system in Orono be inspected every two years. The on-site sewage treatment system at the above address has been inspected and appears to fall into the categories checked below. iRMlTY n-31.lY 3 1 “CODE SYSTEM" An ISTS Mdch meeti all the localioa, design and conslfuetion sUndWdt of the current Orono Municipal Code. 2 “COMPLIANT SYSTEM" An ISTS which does not meet all the location, design and contlmciion standards of the current Orono Municipal Cods bat does meet die three Ihot scpeialioa lequirement or two fiiot lequirenienl for systems installed ISI96 or earlier, and udiich is aot nuiog or an inmineal ducal to publie healib or safely. “NON-COMPLIANT SYSTEM” A prohlbiled ISTS; an ISTS located within a deelgnated iOC-year flood plain, any ISTS which nmy oriynntnmelaflfeelncnlion, dMign,orcottstniction stanferdsofthecurrentOranoMnnicipnlCodeand which is biling far any and any BTS with lass dian three feet nf imaabinlad soS or sand between die distribatioa device and the limiting soO characteristics. TANKCONDrnOWf5-71: ____ Tank inspection indicates: 3 Pumpout not needed et this time. 6 Sepdc tanks must be pumped out this year (chy code recommends tanks to be pumped out once every 3 years. Tank was last pumped__________[_____). Malta safe aaetii tau)|| iff gllgetd thronnh ^ thrennh whits insnadlon Dtaca. This nliows far the nroner rnndimnflfenf djjehnmnnntnfiniitfcivitnnitnnfnlnnnMiinfdrainlialiL Aakpynnr In test ninmi lInnUn wriiy nlnr■ b iMIl wnrtdna In vner honsi. Th.-r nlnnu warns nwnnr that snninnn b about to badnin into basement. 7 Inspection risers miuing-tanks could not be inspected. Inspection risers (4* din. pipe) must be installed in each tank. If tanks have not been pumped out within the last three yean, they should be pumped out now. DRAINFIELD CONDHION f6-;0): \Q_ 8 Drainfield is dry, no surfiKtng evident 9 Some evidence of surfacing, not critical yet ^I^Drainfieid it saturated and visibly discharging untreated effluent to the sti^^ce. Contact the City Inspector inunediateiy. EeiHlH IHDIi W WBipIfllKnWUiiu 9Q day s. COMMENTS: S^wtr »S -VO TVftwr r»~'>ST \dc b'V OUA-Wooit. C<\»srv*T^ OS<c/ c *>S * OtUofln^pecdoo Matt Bolterniin - Septic System In^>ector Mid 10 iOlifiy ikt ro^irenieits for ■ OMirlfagi or odMr transfiBr of propeity, be advijed IbM Ihit repoit does p • '.. U- , ■ • . • .» •• 1-■■ ;; RUNDATl:Mf20Q9 31 2211723130001 ROT ADM 31 ADDRESS UNASSIGNEO WNBRNAME OBRALD A ERICKSON JR ET AL AXPAYER OERALDAERICICSONJR AME/ADM 4567 AMERICAN BLVDW MWNEAPOUS MN 5S437 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PRCFERTY OWNERS LIST PAGE: 1 38 2211723130005 PROP ADDR 38 ADDRESS UN ASSIGNED OWNER NAME TR1ST1N O ERICKSON ETAL TAXPAYER OERALO A ERICKSON JR NAME/ADM 4567 AMERICAN BLVD W MINNEAPOLIS MN 55437 38 2211723130006 PROP ADDR 740 BIG ISLAND OWNER NAME HENN CO PARK RESERVE DIST TAXPAYER SUBURBAN HENN REG PK DiST NAME/ADDR 12615CTYRD9 PLYMOUTH MN 55441 38 2211723140001 ROTADM 740 BIOISLAND WNERNAME HENN CO PARK RESERVE INST AXPAYER SUBURBAN HENN REG PK DIST AMWADDR 12615CTYRD9 PLYMOUTH MN 55441 38 2211723420002 ROPADM 38 ADDRESSUNASSIONED WNBRNAME OBRALD A ERICKSON JR ETAL AXPAYER OBRALD A ERICKSON JR AME/AOM 4567 AMERICAN BLVDW MINNEAPOLIS MN 53437 38 2211723140002 PROP ADDR 510 BIG ISLAND OWNER NAME MINNETONKA POWER SQUADRON TAXPAYER MINNETONKA POWER SQUADRON NAME/ADDR OO BUD BROEKEMA 16509 BLENHEIM WAY MINNETONKA MN 55345 38 2311723230028 PROP ADM 220 BIO ISLAND OWNER NAME D L LOVELACE/S A LOVELACE TAXPAYER DAVID St SANDRA LOVELACE NAME/ADM 15331 EXCELSIOR BLVD MINNETONKA MN 55345 38 2211723140003 PROP ADM 740 BIG ISLAND OWNER NAME HENN CTY PARK RES DIST TAXPAYER SUBURBAN HENN REG PK DIST NAME/ADDR 12615 CTY RD 9 PLYMOUTH MN 55441 38 2311723320018 PROP ADDR 490 BIG ISLAND OWNER NAME TAPHANNA TAXPAYER TED R HANNA NAME/ADM 14115 KNOLLWAY DR S MINNETONKA MN 55305 38 2311723320062 ROPADM 480 BIG ISLAND WNERNAME CEUAPANOZZO AXPAYER CEUA PANOZZO AME/ADM 10201 BLOOMINGTON FWY BLOOMINGTON MN 55420 I CERTIFY THATTHE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY TAXPAYER SEWVIC^ DEPARTMENTTyTO TJ^tE BEST OF MY KNOWLEDGE AND BELIEF. ///n CT p/i! O^byDATE ir o i-16 A.::’; •’s::'; .= .■■.• ■ ■ ■• ■. •,, •■■ .1 .•';4 41 a mm»mm N01294 -tf •.'5^ ---------~~Ui< ---------^ ■ ? n■19 ^ 1 ^j EJ Dite AppIkaliOR Received: 0S-I9-0S Date AppIkalioB Coaskiered ai Cdaiplete: 05-24-05 60-Day Review Period EipircK 07-24-05 REQUEST FOR COUNCIL ACTION JUL I ^ 200b CITY OH OHONO niilrSKlB' Date: July 5,2005 Item No. "7 DepartmeRt Approval: NaMc: Melanie Curtis Administrator Approval:Agenda Section: Title: City Planner Item Description: #05-3117 -Jeffrey A Ethel Gustafson - 1310 Spruce Place - Variances - Resolution Zoning District: LR-IB, One Family Lakcshorc Residential, 1-acre, 140* Lot Area: 0.47 acre (20,797 s.f.) Lot Width: 61* @ the shoreline 125* @ the 75* setback List of Exhibits: A. Resolution per Planning Commission recommendation B. City Engineer Comments 06-16-05 C. PC Action Notice dated 06-21 -05 D. PC Memo & Exhibits of 06-13-05 AppHcatioa Snmmary: The applicants are requesting lot width and lot area variances in order to construct new single family residence. The proposed home meets all setback, hardcover and lot coverage requirements. A conditional use permit is required also due to the need for grading within the 0-75* setback upon the removal of the existing home. Planning Commission Recommendation On June 20,2005, Platming Commission voted 5 - 0 - 1 to recommend approval of the variances and conditional use permit. * Abstention - Commissioner Berg Planning Staff Recommendation Approval of the variances per the attached Resolution. COUNCIL ACTION REQUESTED Adopt or amend the attached Resolution. —.'----- I I /•• •• A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-330(B) AND A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 78-1286 FILE NO. 05-3074 WHEREAS, Jeffrey P. Gustafson and Ethel M. Gustafson, husband and wife (hereinafter '*the applicants”) are the owners of the property located at 1310 Spruce Place within the City of Orono (hereinafter the “City”) and legally described as follows: Lots 7 & 8, Block I, Saga hill Rev., Hennepin County, Minnesota (hereinafter the **property”) WHEREAS, the applicants have made application to the City of Orono for variances and conditional use permit to Orono Municipal Zoning Code Sections 78- 330 (B) and Section 78-1286 to construction of a new single family residence on a property 0.47 acre in area and 61* of width at the shoreline and 125’ of width at the 75’ setteck from the OHWL where one acre and 140’ of width is required and a conditional use permit to allow grading within 75’ of the OHWL to allow for removal of the existing home and boat house and restoration to appropriate grades. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as 2^ning File #05-3117. 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’. 3.The Planning Commission reviewed this application at a public hearings held on June 20,2005 and recommended approval of lot width and lot area variances and a conditional use permit based on the following findings: Page I of 5 iirtrtyifiriiiii 5. a. The applicants’ property is 0.47 acres in total area and has 61 ’ of width at the shoreline and 125’ at the 75’ setback from the OHWL of Lake Minnetonka. No additional land is available to make the property nearer conformity as to area or width. b. The existing stair within the 0*75’ zone will remain. c. The boat house within the 0-75’ zone will be removed during the winter of 2006 at such time when access can be gained from the lake so as to avoid damage to the lake yard of the property. d. The proposed home will meet all setback, hardcover, and lot coverage requirements. e. The site regarding in the 0-75’ zone after home and boathouse removal is necessary in order to restore the site to appropriate grades. 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. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance and conditional use permit would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial propen.’ right of the applicants; and would be in keeping with the spirit and intent of the ^ning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based iqx>n one or more of the above findings, the Orono City Council hereby grants lot width and lot area variances and conditional use permit to Orono Municipal Zoning Code Sections 78-330(B) and Section 78-1286 to allow construction of a new single family residence on a lot 0.47 acre in area and has 61’ of width at the shoreline and Page 2 of S 4 ! • % i ^ i .1 . '-..V *■ 125 ’ at the 75* setback from the OHWL of Lake Minnetonka where 1.0 acre and 140’ arc normally required but will meet all additional zoning requirements, and grading within 75 ’ of the OHWL of Lake Minnetonka to allow for removal of the existing home and boat house and grade restoration, 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 415 s.f. or 6.1% to account for the lake side stair. Hardcover in the 75 ’-250 ’ zone shall be limited to 3,500 s.f. or 25% 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 natiue of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. Applicants shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. 4. Required removals of the boathouse, additional structure and hardcover shall be completed by June 1, 2006, but in no case shall a final Certificate of Occupancy be issued for the new home before such removals are completed and grades are restored. 5. 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 variance and conditional use permit will expire on that date (July 11,2006). 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, 3 Page 3 of 5 •i itiecesson and assigns, beieby agrees to the recording of this resolution in the chain of title of the property. ATTEST: Adopted by the Orono City Council on the 11"* day of July, 2005. 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 j 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 5 ‘Hi STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of ,, 2005 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this__day of by Jeffrey P. Gustafson, husband of Ethel M. Gustafson. Notary Public S TATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this by Ethel M. OustafiK>n, wife of Jeffrey P. Gustafson. Notary Public Page 5 of S ,2005 day of ,2005 IP •, * / ^3. 4 "■•''■ ■ ■ :f- ■:' ■■•' ■; .... i»Y • *”V ‘ ■/»■,; - M'XM ■ -(■,■■. , . ' i-■ . 4> •* ,,; ' - j* ' ♦ -u • ■‘•V • ''■ ^-4.-^*<??;SKtif^ ■«:« -3. - ir *-■ •• **2 • \ BCNGMrtARk'?; \ / rSAN MH ' ^ J^E\f -9 :-v EX1STWG HARDCOVER 970 SF/0.16 AC 14000SF/0.32AC 75-250X25X * 3500ST 0-75 v 75-ZbO 0-75 75-250 BOATHS-100 h OUSE-900 OECK-50/ GARAGE-600 PATIO Wk -220 drive -2280 PROPOSED HARDCOVER 1-75 V 75-250 BOATHS-0 >(REMO VE) cr^ OECK-50 STAIR TOTAL 190 (NC) DECK- 315 If OECK-50 STAIR - BH WALL STAIR - 190^(NC) LL-10Sn. PATIO- 155 SF WALK- 75 SF 370SI fJ S 79*jy29"183.26J> WALK-410 TOTAL- 450CT- TOTAL - 60SF (di^X) RETAINING WALL _ 3 SF total - 349aSF/24.9X V RFMOVE BOATHOUSE & STEPS ff- ncTAB U/AI I Tn m. v\ Wi \ \ \\ \t \ \ PROPOSED ELEVATIONS \ CARAC5E FLOOR-966.5 \ ' . TOP OF FOUNDATION -9^5.8\ LOWEST FLOOR-958.0 \ \ -i •- \ \ \ -^ \ \/- / yyJy/vX / l^i.r \ rills'^W&JSfc \ \ \ 0 yf^ Jj{/ ^''Hf/f ■'^/y<y' / y / / •'*' 1 1 'm« >n im1 rv ^ ^OZ 1▼ CM Si/^ (O UJ O) § u! gVJ0 1 CQ CL. /a jT —' / - CWTWC SPOT ELEVATION, icmo) - PilOPOSCD SPOT ELEVATION / ^0‘ '■■ / ./ 'rP / LEGAL OESCRiptfeN/ « « LOTS 7 k SAGA HLL REV. §5 HENNEPIN pOUNTY. MN. g 5 ADDRESS'-^310 SPRUCE PLACE Pini .08-^17-73-32-0017 y - . JnJ BcNiestroo Rosene Anderlik& |\|| Associates Enginteri 4 Architects 2335 \West Highway 36 • St. Paul, MN 55113 Office: 651*636-4600 • Fax: 65I-636-I3II wwwi)onestroo.com June 16.200S Ms. Melanie Curtis Planner City ofOrono Pott Office Box 66 Ciyatal Bay. MN SS323 1310 Spruce Place File No. 000139-051 PlatNo. 05-3117 Dearhfelanie: We have reviewed the revised site plans for the proposed improvements to 1310 Spruce Place. The revisions address most of our comments from 5-264)5. It appears there is a relatively flat area shown between the 964 contour south of the driveway and the 964 contour south of the home. Care should be taken when the site is final graded to eliminate any potential wet spots in this area. Ifyou have any questions please call me at (651)604-4863. Yours very truly, BONESTROO. ROSENE, ANDERLOC A ASSOCIATES. INC. Tom Kellogg Cc: Greg Gappa, City of Orono St Paul. St. Cloud. Rochester MN • Milwaukee. Wl • Chicago. II AfftnmAtIm AcUvn/lRiial OR#ortsmily C«i^lor*r mnd Cffsplo|r*« Owned T1 1 I '.i : I ji 1 1 CITY OF ORONO 2750 Kelley Parkway POBoxM ZONING FILE 05-3117 NOTICE OF PLANNING COMMISSION ACTION Cryatal Bay, MN 55323 952.249.<I00 DATE OP NOTICE: Jane 21,2005 TO: Jeffrey & Ethel Gustafson 6020 Loring Drive Minnetrista, MN 55364 COPIES: TYPE OF REQUEST: Variances DATE OF MEETING: Juae 20,2005 Planning Commission recommended approval of lot width and lot area variances and iq>proval of a conditional use permit in conjunction with the City Engineer’s recommendations. VOTE: 5 FOR *Commissioner Berg 0 AGAINST 1 ABSTAIN* Applicant's next scheduled meeting is confirmed as: CHy Council - July 11** - Meeting starts at 7:00 pm If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. If you have questions, please call City Plaimer, Melanie Curtis at 952.249.4627. •V: - '.Ay- ------- i FILEM5-3117 13 June 2005 Page 1 0(4 Dale Applicalion Received: OS-19-05 Dale Applicalion Considered as Complele: 05-24-0S dO-Oay Review Period Eipires: 07-24-05 To:Chair Rahn and Planning Commission Members Ron Moorse, City Administrator From: Date: Melanie Curtis, City Planner June 13,2005 Subject: OS-311 7, Jeffrey & Ethel Gustafson, 1310 Spruce Place, a Lot Area & Lot Width Variances a Conditional Use Permit a Public Hearing Zoning District: Lot Area: Lot Width: LR-IB, One Family Lakeshore Residential, l>acrc, 140’ 0.47 acre (20,797 s.f.) 61* @ the shoreline and 125* @ the 75* setback Application Summary: The applicants are requesting lot width and lot area variances in order to construct new single family residence. A conditional use permit is required also due to the need for grading within the 0-75* setback upon the removal of the existing home. St^ff Recommendation: Planning Department Staff recommends approval of the lot width and lot area variances in conjunction with the City Engineer*s recommendations._________ Pertiuent Zoulnr, Ordinance Sections Sec. 78-330. Area, height, lot width and yard requirements. (a) Height. No structure or building in an LR- IB district shall exceed 2 1/2 stories or 30 feet in height except as provided in section 78-1366. Lot Area (acre) Lot Width (feel) From Yard (reel) Side Yard Adjacent * > Anolhe.* Lot (feet) Real Yard (feet)Side Yard Adjacent to Street (reel) 1 140 35 10 30 35 Sec. 78-1286. Topographic altcrstions/grading and filling. (b.) Grading, filling or excavating of more than ten cubic yards is prohibited within 75 feet of the ordinary high water level of the public waters enumerated in section 78-1217. Grading, filling or excavating of ten cubic yards or less shall require city staff review and permit and be subject to other pertinent sections of this chapter. 0 ■jd -»■—^ ■, « FILE«05-3117 13 June 2005 Page 2 of 4 List of Exhibits A. Application B. Hardship Documentation Form C. Existing, Original Proposed & Proposed (Revised) Survey/Site Plan D. Proposed Plans and Elevations E. Submitted Hardcover Calculations F. City Engineer Comments on Original Proposed Plan G. Aerial Photo H. Property Owners List I. Plat Map Background The applicants would like to construct a new single family residence on their property. As the property does not meet the area or width requirements of the LR-IB zoning district variances are required. The applicants wish to retain the lake access rtair ^t this time and will come forward with an application in the future to abandon (he existing stair and construct a new, safer access. The site docs contain a lakeshore slope that rises more than 2S’ above the OHWL and has a slope greater than 30%, which defines it as a bluff. The new house will be located about SO* from the top of bluff, more than meeting the required bluff setback. LOT ANALYSIS WORSHEET Lot Aren/Width; LR-IB Lot Area Lot Width Required 43,SC0s.r. (1.0 acre)140’ Actual 20,797 s.f. (0.47 acre)61* @ the shoreline and I2S’ @ the 7S* setback Setbacks; LR-IB Required Proposed Rear 30’41’ North Side 10’103’ South Side 10’10.4’ Lakeshore 75’107’ There is no southern adjacent lakeshore lot, and the proposed Average Lakeshore house will be further from the lake than the existing house to the north; therefore average lakeshore setback does not become an issue. Bluff 30’50’+ Structural Coverage; Total Lot Area Total Structural Coverage 20,797 s.f. (0.47 acre)Allowed; 3.119 s.f. (15%) Proposed: 2,340 s.f. (11%) I k FILE #05-3117 13 June 2005 Page 3 of 4 Hardcover Calculatioos: Hardcover Zone Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover 0-75 6,797 s.f.Os.f (0%) 560 s.f.* (8.2%) 415 s.f. (6.1%) 75-250 3,500 s.f. (25%) 4,500 s.f.* (32%) 3,500 s.f (25%) * After exclusion of fabric or plastic-lined landscape beds Lot Area & Lot Width Variances The applicants’ property has a total lot area of 20,797 s.f. and lot width of 61 ’ at the shoreline and 125 ’at the 75 ’ setback where 43,560 s.f. in area and 140 ’ of width is required. These variances arc required to rebuild any home on this property. Hardcover Variance The applicants are proposing to utilize the existing paver walk, concrete stair system in place for lake access and intend to come back to the City for permits to construct a new, safer lake access. Additionally, the applicants intend to remove the boathouse storage structure, but would like to have the work done in the winter months so the shoreline can be accessed from the lake. 0-75* Land Alteration In order to restore grades to a functional condition after removal of the existing house, minor regarding will be required at the top of the bluff and in the upper 25 ’ of the 0-75 ’ zone. The City Engineer’s comments address the need for slight revisions of the original proposed grading plan to provide for more positive direction of stormwater flows. Revised plans have been submitted by the applicants and at the time of this report are being reviewed by the City Engineer. Conformance with the City Engineer’s comments is required prior to Council action. Hardship Statement Applicants have completed the Hardship Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Hardship Analysis In consUertng appMcalhnt for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffle conditions, light and air, danger offire, risk to the public safety, and the effect on values of property In the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code In Instances where their strict enforcement would cause undue kardship because of drcumstances unique to the Individual property under consideration, and shall recommend approval only when It Is demonstrated th:n such actions will be In keeping with the spirll and Intent of the Orono Zoning Code. FILE *05-3117 13 June 2005 Page 4 of 4 Staff finds that due to the existing area and width of the property, the requirement for variances in order to build a new home constitutes a hardship for the applicants. The applicants* proposal conforms with the required setback and hardcover requirements. Issues for Consideration Does the Planning Commission have any issues or concerns with this application? Staff Rcconniendation Planning Staff recommends approval of the variances as requested, subject to approval of a revised grading plan prior to Council. V.-'. 'V .t- W. , ,r « r • ;■ ' ■ ■■■* : I •’*^ r • ' Vi ,'4 -.T-V •r' •.•••••■ •• •%.•- •■ : ;;V. ; ^ ^ •• • ’a “ fJv *-A. _ !, laL.'■U. • : Fn-:;. - :: -4: -- 7v::.5:>v^ii : a1 • V- •; 4^ ^ ■’=v ;.;.v^S'.:J\#«il o.*.‘ / ,»••'v v'^'- '-r\ y -y\::r : .:v : ^ - ,.4\-44=..:Ci E?<Hie>ir A City of Orono Variance Application Stnet Address: 2750 Kelley Parkway Orono, MN 55356 Main: 952-249^600 fax: 952-249-4616 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 Application # Date Received: Amount Paid: ______. Staff: Fee: _|600 __________ Renewal:$300 Afler-the-tact: $1.200 Double Fee This application form must be compteted in fuB. Applicant wll be notified within 15 days as to the status of the application. Incompitto applicationt will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: Site Address:SS3^V 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: ]pif Residential □ Other______________________ Zoning District: _________________ APPLICANT INFORMATION: (Complete leoal naines and marital status required for each interested party) ^ P- 6-u<TA r^tJ - atv/^4 Td ____________Name: Phone (home):Phone (work): ______ ______City: Zip: Email: T-ePfg Fox: - Yf/- --------- Address: 4^02^9 OWNER INFORMATION: (Complete legal names and marital status required for each interested party) Name: &TtjfeL jvA* T~o _____^ Phone (home): __________r— Address: _______City:_______________Zip: Email: .^-owy Fax: DESCRIPTION OF REQUEST: Estimated Project Cost: $ Descrite the request in detail (attach additional sheets if necessary): _______ ______________ d \p» - ^t *■'i J r 1 r \ . ■* t r; -T' r- REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. Pre-Application Meeting Form, completed by a City Planner. Completed Application Form □ Completed Hardship Documentation Form □ Certified Property Owners List - owners within 150' of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department of Finance, Government Center, A-603 300 South 6 “* Street, Minneapolis, telephone 612-348-5910 □ Original Certificate of Survey (signed by a licensed surveyor), meeting all the requirements listed within this packet, including hardcover calculations. Also provide one copy 8.5” x 11" or 1 r X 17" for reproduction. Completed hardcover calculation worksheets (as provided within the variance packet). Topographic survey - including existing and proposed elevations. Provide one copy 8.5" x 11" or 11" X17" for reproduction. Sketches or plans of floor and elevation views (provide one copy 8.5" x 11" or 11" x 17"). Additional Items may be requested by City Staff depending on the scope of the project. * □□ □□ APPLICANTS ACKNOWLEDGEMENT: The applicant hereby agrees to provide all information required or requested by the Planning Department, agrees to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application and certifies that the information supplied is true and correct to the best of his/her knowledge. The applicant recognizes that he/she is solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no altemattve bu( to r^t it until it is complete or to recommend the request for denial of the request regan Applicant's Signature: Applicant's Signature: »ut to rfripct it until it is coi rrms w its potential merit 7TfIS Date: Date: OWNER’S ACKNOWLEDGE! The owner hereby acknowledges ^ agrees to this application and further authorizes reasonable entry onto the property by City Staff, .consultants, agents. Commission & Council Members for purposes of investigation ani veriwationwf this request. Owner's Signature: Owner's Signature: Applicant must have ail submittal^ into Ms City'offices 25 days before the Planning Commission Meeting. Planning Commission Meeting are normally held on the third Monday of each month. Applicanta must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant and advise the City Planner assigned to your project. TT 1^ JL ■ . ■ L f ; ; DATA PRIVACY ADVISORY in accordance wHh M.S. 13.04, Subd. 2. "Rights of subjects of data", we wouid tike to inform you that your request for a permit or tioense from the City of Orono or any of its departments may require you to fiimish certain private or confktontiai information. You are notified that; 1. The information you furnish wiN be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the pennit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requestod permM or license requires Council action to approve, some information may become public. 6. You have certain rights under M S. 13.04 (see following page) to review private data on yourself. 6. Your full name is required to process this application or permit. P _____ Address Last JYYVI fcj MfJ - OOlS' State zip Phone ' 1 Signature M f 'i r .v> « •♦> r (If .ri ? i %A ' I ‘ J • f.-r" t { . Page 1 of3 HARDSHIP DOCUMENTATION FORM This form is s rsquirstf submittsi for ALL vsrisncs 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 wfth 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 jutlining the basis City staff uses to determine if a hardship exists and how the variance win affect the .surrounding comnumity. To prove a hardship, address aN 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 la Juatified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out K will not be considered. Please address each of these hardship criteria as they relate to ti e 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.” As ‘The plight of the landowner is due to circumstances unique to his property not created by the landowner.” 3.*The variance, if granted, win rwt alter the essential character of the locality.” .AtlQxjj AiJ A>euj ^kifT r S \tVviV L/O ^■Kix j fitjQ u \t,L. ^ -0-»CvT> A oV. ”Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter.” Ifff 77 • *.! •. / S-.- wi'J'l i -»JO . .A - If ■ ^ 5. 7. 8. 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 grsiiied for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter.” 6. ‘The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person's land is located.” The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-fomiiy dwelling.” "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." 9. he conditions do not apply generally to other land or structures in the district in which said land is located." "The granting of the appiication is necessary for the preservation and enjoyment of a substantial property ^ht of the applicant." . 11. "The granting of the proposed varianoe will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code.” f tl .-w. ■\ 1.. >. c /' O k • ^ r* I *1 :•* ft'» «• * ! ' ji. f 1 Page 3 of 3 12.The granting of such variance wiit not mereiy serve as a convenience to the applicant, bnt is necessary to alleviate demonstrable hardship or difficulty.* Hardship Statement Should you feel the hardship cannot fully be desaibed in the above criteria, describe the unique hardship, practical difRcuNy or unusual property conditions preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): f i >• : .n' •• V-V ■0: •. V-' •• ,i:V -A ; -V"-: V •:>v. =.• •/ :* ’mm ■ ■ : a mm-m y . .. .. ^ ' -L 'a., > . . - • 'A ' ■1-. ■ # - ■■ a*as ,. ■ yli r- a ./uggb.. t t%\S‘'2? ac.&>\—oiMMm^-gtmJ- HOUSt \ \ BENCHMARK T.SAN MH ELEV - 959^\ Vas*''^ S 79 “43'29'' 183.26J> I EXISTING HARDCOVER S970 SF/0.16 AC 14000SF/0.22AC / „ X25X - 3500SF /0-75 75-250 ' BOATHS-IOO hOIJSE-900 DECK-50/ GARAGE-600 PATIO WK-220 DRIVE-2280 STAIR m ■'90 (NC) DECK- 3:5 totalAj/osf /walk-4 to PROPOSED HARDCOVER 0-75 ^ BOATHS-O '(REMOVE) OECK-50 \ /r/ V. tas 9m matam rm /TOTAL- 4500ST/32S 75-250 HOUSE- 2340 SF DRIVE- 925 SF ^ . PATIO- 155 SF BH WALL-10SFT\ WAir- 75 TOTAL - 60SF (0.9R) tOTF. - 3495SF/24.9X STAIR - 190 (NC) kLL-10SFT\ t >-A ./JC REMOVE BOATHOUT le STEPS REMOVE REAR WAt. TO rxiSTWC GROUND UCV. REBUE.0 STEPS W PLACE //T jtP ISEO t 3S \ y » ■tWOPOSED El FVAUOMS / V ^\\\\'AV\\ GARAGE FLOOR-966.5 \ TOP OF FOUNDATION -9^66 LOWEST FLOOR-958.0 \vvl \ / \ \ /ym \\ "ij \ ' ° / ,6 / / ^\\ \ \’O'' 60 \ jy / / / / / ^9 yy /^ \ /\ fb /■«- / \ / y - EXBTWO SPOT ELEVATION. X(M6.0) - PROPOSED SPOT ELEVATION ..... - OMECTION SURFACE ORAHAOC f0JHhlNHL^y A __y PtAN / / y' -LEGAL'^DESCRlB'nON;'' / /\.C^S 7 S( eye'll. SAGA HILL REV. ' / HENNEPIN POONTY. MN. X AtDDRESS'* ,1310 SPRUCE PLACE / mit -08-<117-23-32-0017 a s 8 / lOJ.'A^'. - 20970 SF / 0.48 AC •Sqm WtJ3^ ^oz I^UJCM A*- 5»n lO Ui o> §iI li rr ^ : • ■ \i ■' ':.h -hV r,.‘,»i KxsJ’.'i:-::^ iM Bk v^iSs^ BENCHMARK T.SAN MH gyHiftJtC > ^\/^p j>^lJ EXISTWG HARDCOVER 970 SF/0.16 AC U000SF/0.32AC X25X - 3500SF OeCK-50/ GARAGC>600 PATIO WK-220 DRiVE-2:90 STAR A 190 (NC) DECK- 315 TOTAL A 370SF /WA'K-410 PROPOSED HARDCOVER 75-2500-75 BOATHS-0 v/REMOVE) DECK-50 \ STAR - 190^(NC) <3H WAI.L-10SFT, TOTAL - 60SF (MX) house - 2340 sr DRIVE- 925 SF PATIO- 155 SF WALK- 75 SF RETAINWG WALL 3 SF TOTAL - 3498SF/24 9X REMOVE BOAfHOUSE * STEPS 4^“REMOVE REAR 'VALL TO EXISTNG GROUND ELEV. REBIALO STEPS N PLACE / 66 > \\ \ > ' 0*'*' / ^/ /'' 'V - X / / / .-'^.<0 J S y / / ''' / .LEGAU'OESCRI^fJbF)/ - EXSTNC SPOT ELEVATION. X(*M.O) - PROPOSED SPOT ELEVATION - OfSCTION SURFACE ORAMACC SAGA HH.L REV. // ' LOTS 7 A B,-BUC' 1. / HEI^NEPIN jjOUNTV, MN / AbORESS'-^SlO S°RUCE PLACE / Pp#-08-/M 7-23-32-0017/ / riuf i/-^o-o/-uui/ Qt tr«t/-s / l,0j;^A - 20970 SF / 0.48 AC S j I 8 >4•)> )»0 ^OZ •♦ CM ♦ Q in (D UJ C7> I CQQ s L* §iI (o t WA^ *•-'?. jt “'»^nrr 1 .^, ^~i Y - . 4 .■^■^■-=^ V' ■ *- - .-f^- f r V <: ,.,, V-.*-•^’'v-^” siii'n •3 jp^avrfTyflA/ >' rt /'•- •/'■ 31319 t'r i-: 2 •• ; • l3IOSPRUCEflACE ORONO, MINNESOTA l9AmL200S STONEWOOD DESIGN 1 eUlLD LLC k'* tmmn/‘i^m09rni.i^ * m k T- ^ -V V ;.i . .••--r.*. V > mm A-irr 11'^ y>1 f;:p Ilur‘ i-fV ^ ^ . * '.vt^-: - .1. . JI > - T-i i I/*- *i»^( «SQ :r <d 1310 SPRUCE PLACE ORONQ MINNESOTA I9APRIL200S STONEWOOD C £ 3 I G f I I & u I L D L L •: *. ' t 1 Li:., —"■■ ? 0. ■• ■ - ••■' • •. 'V -'wm .',-1 .V'':'-..‘-'fiffl •''..' ; ■if=' ' -i', • -■ mm d:i • - V ^ rj\^ ' ** Hf 'L-'T-Z'^. m^- kTT - I f I—* ■rr:,1^ i*‘'r ■ •*^' '"«i4 _____ I ^ i!553 L»i^'Ujjn'a I k i_j leA^r BL^i^trfth/* i^LJiaiyB #/*1310 SPRUCE PLACE ORONOi MINNESOTA I9APML200S STONEWOOD DESlCn I BUILD LLC / =i_'. •’. .* . IS ir i^ I m ’’•» t '<•:•/•.>s;v-.fe'-^t'v- |-w-V..■ ■V--A ■. A II - .iipr 'A ^ ... nn- KS* M ! l>MPir-iil f p wir jw.T :: fc?t<’:i- .m■Ml ’■. -'y ' .j ^iv V '"'5 >’. 4 'I'iiJ o 1'^rJl:^ »^r2d| r;:rr.';l 4 1 U'r} 1310 SPRUCE PUCE ORONQ MINNESOTA I9APRIL 200S STONEWOOD D E 3 I G M I 8 U I L C L L C . .. » 4. . . • w •v.- s- 5 . V- V mi SMMICS PtACi OftOfMXMlNNUOm IIAnULMK STONEWOOD DESIGN I BUILD LLC » • h yHH " t • • « • Jb.mi ■• • V '■-•t''' “ . .of. •'.-:. V t B UPPER LEVEL FLOOR FLAN scAkC ll•*•r.o‘• •JEI t«JI Cl K !^l rllN E • • • 4 f ■ mtSPMUCCPlACE ORONCk HMfttSOlA ItAMULlMS STONEWOOD DESIGN I BUILD LLC ’ X yl-’ • • > • f ■ V i :■ ■■ri f - i - m ca apzp 1 \_ Iw mi-f »MViw-iTOj«!«wrBw«itrw»i«MriM LowcR Level fioon plan • CAki l/#*«l ‘.0* «mOLI«MO«L£fMtN| d kP r ni E 13IOSPmjCEPlAC£ ORONamNNBOTA l«MM.WS STONEWOOD DESIGN I BUIIO LUC -4 m } n% V n< \ \i mm^ iili s HARI ’R CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE)o-7r t 78*2S0‘2M-WV MO-1000* EXWTmO HARDCOVER IN ZONE -----------^ f A. Houm X S S.F. LOflQt) X vyuih S.F. X =S.F. WHMsfc X ( OO S.F. C. DriVMmy X S.F. .X mm S.F. D y»f’«i>/iv»>i>Kw»V X s '2^ VO S.F. X s SF. E. ^llif/DMk X ss S~ O S.F. X s S.F. F. LandscMM X s S.F. UndtrMn X ss S.F. Bv PlMlie X s SF. 0. Rfliining X S.F. wilit H.OIh«r « STMgi X s S.F. TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ^E A SAOt ♦ B xlOO ~ ^$0 4" S.F. A if. S.F. B f PROPOSED HARDCOVER IN ZONE • A. HoUM • X s S.F. Lonotti X ymh a S.F. X s S.F. B. OarMM X M S.F. C. Drtvmrav X a S.F. X m S.F. D. SMk • “'•'^‘“'•1 X 8 7 S.F. X a S.F. E. PaHomMk 6vj Pi»cJe.X a i S.F. X a S.F. F. LandtcaiM X S.F. Underlain X S:S.F. BvPtaitic X a S.F. G. RcteMna X a S.F. WMa H. Other _X a iHtX S.F. TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE nn 4- m Ht-ri SF. A S.F. B A -----HlX-----♦ B X100 s ^ r;.Td • n.^vj % A u 'u < li ). C/ U^'g i .. , HARCCOVER (MLCULA’ « SETBACK ZONE: (C'RCLE ONE) 0-7r EXISmiQ HARtX;Q\/ER IN 70ME A. House Lvngti B. Oarage C. Driveway D. Sidawak E. PaMo/Dack F. Landscape Underlain By Ptasde O. Retaining H.OttMT PNOI>OSEB HARDCOVER IN ZONE A. House m LtngVi B. Oarage C. Driveway I '' \ D. SMawak E. PaUon)eck F. Landscape Underlain By PlaNic O. Retaining waito H. Other TOTAL HARDCO^R IN ZONE TOTAL PROPBmr AREA IN ZONE A X X X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A iTO Q ♦ B X X X X X X X X X X X WORKSHEET OdO 4 S4-’ 260-600'600-1000' s '^60 _S.F. 8 S.F. S _S.F. a £00 _S.F. s S.F. % fls_S.F. 8 ^10 S.F. a _S.F. •6 a 'its'S.F. a _S.F. a S.F. a S.F.\rj q)a _SF. a _S.F. s _S.F. t ■'•I •Hsoo S.F. A m S.F. B xioo ^V % s \9\\_S.F. s S.F. 8 _S.F. 8 _S.F. j.^ol S.F. 8 _S.F. too S.F. 8 _S.F. mm S.F. 8 _S.F. 8 S.F. S S.F. 8 ^IS.F. 3 _S.F. 8 _S.F. S.F. A .il£ WaO S.F. B Xioo -'._as___.% ■^ylL Bonestroo MM Rosene Andei1i(& |\|| Associates CngInMrs & Arc^ltT*cts 2?,35 West Highway 36 • St. Paul, MN 55113 Office; 651*636-4600 • Fax: 651-636-1311 . Jp wwwJtxMiestroo.com May 26.2005 Ms. Melanie Curtia Planner CityofOiono Poit Office Box 66 Ciystal Bay. MN 5S323 F .! I. t 1310 Spruce Place File No. 000139-051 Plat No. 05-3117 Dear Melanie: We have reviewed tteaitB plana for the propoeedinqwDvejients to 1310 Spruce Place. The site improvements include the removal and replacement of tte existing home and associate grading. We have the following commenta with regarda to oigineering matters: The grading plan should be revised to clearly define swales north and soutl. of the home to convey and contain storm water on the subject property. The proposed grades along the nofdieast comer of the home are shown at 2:1. The grading plan should be levied so the proposed grades do not exceed 3:1. The erosion and aliment con jol plan should be revised if the existing boat house and/or stairway are to be removed as part of this project If you have ai^ quesdona please call me at (651) 604-4863. Yours very truly. BONESTROO. ROSENE, ANDERLK & ASSOCIATES. INC. Tom Kellogg Cc: Or^a^nM^CityorOrono m St Paul. St Cloud. Rochester, MN • Milwaukee, Wl • Chicago, It AfflNiiainNi tnwWy tiiipt»yr mm 0«mm4 % i Exhibit G % i4% ■ '•/. i. '-lO .1 wr- I?., ■"'Ir'':' V, / * ,v lis^jm ■1 '- ■. ix. ■ > 0 r ^''M 1310 Spruce Place •'» V '• ■ J 'W-PBWL •' ^ -' r Mw w iffik > . i ^ ;i ^^. . ...' i i ^ iV sSi•iW 'fm >'■ i^.i -1 ■ ^.. v-^V PIliii':i-i!"~r ■• 'T*::' . u ‘ j^Ll 'I -r _-^ 1310 Spruce Place Overview Map RUN DATE: 4/tl/3aH HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST PAGE: I 31 07II7234IOOSI •ROPAODR 1303 8PRUCEPL 3WNERNAME CLAYTON R FUCHS fAXPAYER CLAYTON R FUCHS ^E/AOOR I30SSPRUCEFL MOUND MN 53364 31 0711723410032 PROP AOOR 1376 NORTH ARM DR OWNER NAME WILLIAM E BOWEN TAXPAYER WILLIAM E BOWEN NAME/AOOR 40 PARK LANE MPLSMN 33416 38 0711723410078 PROP ADOR 1293 SPRUCE PL OWNER NAME HENNEPIN FORFEITEO LAND TAXPAYER CITYOFORONO NAM0AODR POBOX66 CRYSTAL BAY MN 55323 31 Ml 1723320014 *ROPAODR 1210 SPRUCEFL 3WNBRNAMB ODOUSTAFSON/JSGUSTAFSON TAXPAYER GREGORY WJEANNES GUSTAFSON 4AME/AOOR 7723 GLEASON RD EDINA MN 33439 38 0811723320013 PROP AOOR 1290 SPRUCE PL OWNER NAME O O OUSTAFSON/J S GUSTAFSON TAXPAYER GREGORY DUEANNES GUSTAFSON NAMWAOOR 7723 GLEASON RO EDINA MN 33439 38 0811723320016 PROP AOOR 1300 SPRUCE PL OWNER NAME WATER STREET HOMES LLC TAXPAYER WATER STREET HOMES Lie NAME^AODR 464 2NDST4105 EXCELSIOR MN 55331 38 Ml 1723320017 HUJPAOOR 1310 SPRUCBPL 3WNERNAME JPOUSTAFSONmMGUSTAFSON TAXPAYER JEFFREY R ETHEL GUSTAFSON 4AMB/AOOR 1310 SPRUCE PL MOUNOMN 33364 38 Ml 1723320018 PROP AOOR 1318 SPRUCEFL OWNER NAME PATRICIA A OROETKEN TAXPAYER PATRICIA A WALKER NAMEJADDR 1318 SPRUCE PLACE MOUNDMN 35364 38 0811723320024 PROP ADDR 1375 CHERRY PL OWNER NAME KRISTIN SEIBOLO TAXPAYER KRISTIN SEIBOLO NAME/AOOR 1375 CHERRY PL MOUNOMN 55364 38 Ml 1723320026 •ROPAOOR I330 CHERRYPL 2WNBRNAME JAMESOBULLJR TAXPAYER JAMESGBUUJR 1330 CHERRY PL MOUNDMN 33364 MAMEJAODR X • CERTffY THATTIE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS CNF THE ICNNEPIN COUNTY TAXPAYER SEIWKXS.0EPARTMH4T OFMY»«WU«**NDBEUEF. DATE -i h * '.^Vi V. ^ 1< *1 \\u *[ )lfl Herinepin County ^ ' taxpayer Services Department i f iV 8 t 262.5 8 -d— 1 1 8 11 136.86 230.0 Infonrmtion ''Ai i 17•T6«l ID M117233 Noiim NumlMr 1310 •tKMt Hmmm SPRUCl PL 7N»l$not»hgntynoar(ladmtfi. ltntm»tfit$acompHaUonofk>fonimllon antfdMB/tamOiy, County, and Statunmamithoritlts and other sourcoa. Date Applicitlon Received: 0S-I7-0S Date ApplicatioM CoaiMcred a* Complele: •S>24>ft5 dO-Day Review Period Eipiret: 07-24-OS 6d-Day Review Period Eiteaiioa: 09-244S REQUEST FOR COUNCIL ACTION •df-r—riRlQ JUL i » i!(l05 Ctir Ul- UHONO Date: July 6,2005 Item No. DcpartmMt Approval: Name: Melanie Curtis Title: City Planner ^ * Administrator Approval:Agenda Section: Item Deseriptkm: #05-31 18 - Mark ft Julie Parten - 1310 Vine Place - Variances - Resolution Zoning District: Lot Area: Lot Width: LR-IB, One Family Lakeshore Residential, 1-acrc, 140’ 0.52 acre (22,450 s.f.) 113 ’ List of Eihibits: A. Resolution per Planning Commission recommendation B. Revised Plan C. PC Action Notice dated 06-2 1 -05 D. PC Memo ft Exhibits of 06-13-05 E. 60-Day Review Extension Application Snmmary: The applicants are requesting the following variances in order to construct an attached garage addition to the existing home: 1. 5.7% hardcover within the 0-75’ zone where 0% is normally allowed and 11.4% currently exists; and 2. 29.5% within the 75’-250 ’ zone where 25% is normally allowed and 24.1% currently exists; and 3. A variance for a rear yard setback of 28* where a 30 ’ setback is normally required; and 4. An average lakeshore setback variance. PbiBoiRf Commission Rccommendatioa On June 20,2005, Planning Commission voted 6 - 0 to recommend approval of the average lakeshore setback, rear yard setback, and hardcover variances for the 0-75’ and 75’-250 ’ zones for a tola! site (0- 250 ’) hardcover not to exceed the existing level of 4,368 s.f.. The applicant have submitted a revised plan that meets the Planning Commission recommendation. PlaooiRg Staff Rccommeadaiioa Approval of the variances per the attached Resolution. COUNCIL ACTION REQUESTED Adoot or amend the attached Resolution. 1 i4 A RESOLUTION CRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-330(B), 78-1279(6) AND 78-1288 FILE NO. 05-3118 WHEREAS, Mark Daniel Paitcn and Julie Ann Parten, husband and wife (hereinafter “the applicants**) are the owners of the property located at 1310 Vine Place within the City of Orono (hereinafter the “City**) and legally described as follows; Tract A, and the easterly 35.00 feet of Tract B, Registered Land Survey No. 488, files of the Registrar of Titles, 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 78-330(B) to allow construction of an attached garage addition 28* from the rear lot line where a 30* setback is normally required; and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279(6) to allow an attached garage to be constructed lakewaid of the average lakeshore setback; and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1288 to allow 5.7% hardcover within the 0-75* zone where 0% is normally allowed and 11.4% currently exists and 29.5% hardcover within the 75*-250* zone where 25% is normally allowed and 24.1% currently exists in conjunction with the construction of an attached garage addition to the existing home. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 05-3118. Page 1 of 6 I 2. 3. The property is located in the LR-IB One Family Lakeshore Residential 2^ning District which requires a minimum lot area of 1.0 acre and a minimum lot width of 140*. The Plaiming Commission reviewed this application at a public hearing held on June 20, 2005 and recommended approval of limited variances based on the following findings: a. The applicants* property is 0.52 acre in area and 113* in width. b. There is no additional land available for acquisition by the applicants to make the property conforming. c. The proposal will not have a negative impact on light, air or open space within the neighborhood. d. The proposed additions are not out of character for the immediate neighbo^ood. e. Plarming Commission finds no hardships that support a net increase in site hardcover, however, limited hardcover variances in the 0-75* and 75*-250* zones are supported by the following hardships: i. A revised proposal can reasonably result in a net reduction of 0-75* hardcover of654 s.f. or 7%. ii. There is no additional hardcover that can be reasonably removed from the 75* - 250 ’ setback zone. Applicants have submitted a revised proposal that meets the hardcover limits recommended by the Planning Commission such that there will be no net increase in 0 - 250 ’ total site hardcover. The applicants have proposed a net reduction in total site hardcover 54 s.f. for at total of 4,314 s.f.. Total site hardcover shall not increase above 4,368 sf.. 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. Page 2 of 6 Mu 6.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 aficct 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 t^>on one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-330(B) to allow construction of an attached garage addition 28* from the rear lot line where 30 is normally required, and 2k)ning Code Section 78-1279(6) to allow construction of the garage addition to be located lakeward of the average lakeshore setback, and Zoning Code Section 78-1288 to allow 3.9% or 340 s.f hardcover within the 0-75 ’ zone where 0% is normally allowed and 11.4% currently exists and 29% or 3,974 s.f. hardcover within the 75 ’-250 ’ zone where 25% is normally allowed and 24.1% currently exists in conjunction with the construction of an attached garage addition to the existing home, 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 arc 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 340 s.f. or 3.9%. Hardcover in the 75-250 ’ zone shall be limited to 3,974 s.f. or 29% per the proposed revised 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 I' .■•. * ••r'.''’.'j'.W“ t.("i ;'<3 y.‘ 3. Applicants shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. 4. Required removals of structure and hardcover shall be completed by the footing inspection for the 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 (July 11,2006). 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 termiruite 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 11* day of July, 2005. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner(s) Page 4 of 6 ;t 7kw K-'N.'a v<. ‘ i: : I r. V J'-? r •■ i ,e I ••r.l m • -i-m^mm y-; ' * r«; ISM & STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _day of _______, 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of . 2005 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 5 of 6 L M ’ I' STATE OF MINNESOTA COUNTY OF HENNEPIN This instnunent was acknowledged before me this by Mark D. Paiten, husband of Julie A. Parten. day of ^2005 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this by Julie A. Paiten, wife of Marie D. Parten. day of .2005 Notary Public Page 6 of 6 -^iV-j I--. A- a> jj3.or ‘35.0 7i'I ^4. KVIK6 n«f- VVf^ -Va-Tf (tpvie A»»lTipM A<«A*£ t^ftO <4v o^veM«Y <no/ / m HARDCOVER CALCULAT SETBACK ZONE: (CIRCLE ONE) EXISTING HARDCOVER IN ZONE A, House ______________ 0-75 ’ X tengJi X X X B. Oirage C. Driveway X X D. Sidewalk X X E Palio/Deck X X F. Landscape Underliin ByPluUe Or Fabric X X X G. Ocher TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE + B PROPOSED HA RDCOVER IN ZONE A. House ______________ X X X B. Oaraie C. Driveway X X D. Sidewalk X X E. Palio/Deck X X in F. Landsetpe Underlain By Plastic Or Fabric X X X 0. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _ _ _ _ __ _ ♦ B M WORKSHEET 75-250 ’J 250-500* Width B B X 100 Width X100 - PArtT oF TnACl B • 500-1000* S.F.-Mguse 450 339 4-U 156? 404S- 13 700 1474 4S0 342. 3974 1^.100 Z4.0L S.F. S.F. S.F.-1T&WS NfXTro S-F.-dtAftAfilt 733,__s.F. s-f • Sp.UMUd. S.P.- 'tST^pp*' SF. cp-^rFMC. 4^*no N6n TO OtfcK S.Frd/^«5»OC ofH: S.F.-J siOCOFHl S.F.-nBtt n> 6/tQi - _ W»pO S F. - sff PS SF. A S.F. B % S.F.-6in$Tf/^A HS ecSF. AO(HTiOi>\i S.F. S.F. S.F.-6A<MGJT 5.F.- pAitfEwAy S.F. • pacpcito S.F. -STpPf> S.F.-si0Cvt;4tK S.F. S.F. S.F. SF. S.F. SF. S.F. A S.F. B r----- / / 156.80 -S' ^ s * '{k -V/ ^/ \ "<T\•..?’ y..(«6U) \ /I PgijBI S 32*19* 12" W 218.97 w i CITY OF ORONO 2750 Kdicy Parkway POBoa66 Cryital Bay, MN 55323 952.249.4600 ZONING FILE 05-3118 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: June 21,2005 TO: Julie A Mark Parten 1310 Vine Place Orono, MN SS364 COPIES: TYPE OF REQUEST: Variaacet DATE OF MEETING: Jane 20,2005 Planning Commission recommended approval of the average lakeshore setback, rear yard setback, and hardcover variances for the 0-75’ and 7S’-250’ zones for a total site (0- 250') hardcover not to exceed the existing level of 4,368 s.f.. Applicants should submit a revised survey detailing gU the hardcover to be removed (including the additional 170 s.f.). In order to meet City Code requirements so that its width at the street property line don not exceed 20*. (The current survey does not reflect the removal of the deck, shed and additional hardcover to be removed.) VOTE:6 FOR 0 AGAINST Applicant’s next scheduled meeting is confirmed as: City Connell ~ July II*-Meethig starts at 7:00 pm If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. If you have questions, please call City Planner, Melanie Curtis at 952.249.4627. ^ •'-v ;' ••• X J Dale Applicatioii Received: 0S-I7-0S Dale Applkalion Considered as Compkie: 0S*24-0S 60-Day Revkw Period Eipires: 07-24-0S FILE «0S-3118 13 June 2005 Page 1 of 4 1 To: From: Date: Chair Rahn and Planning Commission Members Ron Moorse, City Administrator Melanie Curtis, City Planner June ! 3,200S Subject: 05-3118, Mark & Julie Parten, 1310 Vine Place, o Rear Yard Setback, Average Lakeshore Setback & Hardcover Variances • Public Hearing Zoning District: Lot Area: Lot Width: LR-IB, One Family Lakeshore Residential, 1-acrc, 140’ 0.52 acre (22,450 s.f.) 113’ AppiicatioH Summary: The applicants are requesting the following variances in order to construct an attached garage addition to the existing home; 1. 5.7% hardcover within the 0-75’ zone where 0% is normally allowed and 11.4% currently exists; and 2. 29.5% within the 75’-250’ zone where 25% is normally allowed and 24.1 % currently exists; and 3. A variance for a rear yard setback of 28’ where a 30’ setback is normally required; and 4. An average lakeshore setback variance.___________________________________ Staff Recommendation: Planning Staff recommends approval of rear yard and average lakeshore setback variances in order to construct an addition to the existing home, however recommends denial of the hardcover variance request for the 75’-250’ zone for hardcover exceeding 25%.______________________________________________________ Pertiuent Zoning Ordinance Sections Sec. 78-330. Area, height, lot width and yard requirements. (a) Height. No structure or building in an LR-IB district shall exceed 2 1/2 stories or 30 feet in height except as provided in section 78-1366. (b) i Lot Area (•ere) \A)\ Width (feel) Front Yard (feet) Side Yard Adjacent to Another Lot (feet) Rear Yard (feci) Side Yard Adjacent to Street (feet) 1 140 35 JO______,30 35 Sec. 78-1288. Hard cover limitations. (a) No hard cover or impervious surface shall be placed, located or constructed within 75 feet of the ordinary high water level of any lake or tributary, except for stairways, lifts, laiKlings and lockboxes as regulated elsewhere in this Code. .1 uk. FILE #05-3118 13 June 2005 Pag* 2 0(4 (b) Between 75 feet and 250 feet of the OHWL, there shall be no greater than 25 percent hard cover. Between 250 feet and 500 feet of the OHWL there shall be no greater than 30 percent hardcover. Between 500 feet and 1,000 feet of the OHWL there shall be no greater than 35 percent hardcover. LiatofEihIbits A. Application B. Hardship Documentation Form C. Existing A Proposed Survey/Site Plan D. Proposed Plans and Elevations E. Aerial Photo F. Submitted Hardcover Calculations O. Property Owners List H. Plat Map BackgroMd The applicants are proposing to add a garage addition to the existing home, with living space above. Due to the existing home location, road right-of-way, and peninsula shaped neighborhood, variances are required in order to add on to the home. LOT ANALYSIS WORSHEET LotAreaAYhIth; LR-IB Lot Area Lot Width Required 43,560 (1.0 acre)140 ’ Actual 22,450 s.f. (0.52 acre)113’ LR-IB Required Eilstinc Propoecd Rear 30 ’47’28 ’ East Side 10 ’46’22.5 ’ West Side 10’11.8’No Change Lakeshore 75 ’72 ’New Addition 95 ’ Average Lakeshore Half the existing home and half of the proposed addition extend lakeward of the average lakesho^ setback line. U I-il . kill V: Total Lot Area Total Structural Coverate 22,450 s.f. (0.52 acre)Allowed: 3,367 s.f. ( 15%) Existing: 2,639 s.f (11.7%) Proposed: 3,164 s.f (14%) ^ V 1 .V-m FILE #05-3118 13 June 2005 Page 3 of 4 Hardcov«r CalculaHong; Hardcover Zoae 0-75 75-250 Total Area in Zone 8,750 s.f I3,700s.f. Allowed Hardcover os.r (0%) 3,425 s.f. (25%) Exiating Hardcover 994 s.f.* (II.4%) 3,374 s.f.* (24.6%) Proposed Haidcovcr 501 s.f. (5.7%) 4,036 s.f. (29.5%) Total Hardcover (laclyding noiKoarormiag 0-75 ’ HQ Existing 4,368 s.f. or 31% Proposed 4,537 s.f. or 33% After exclusion of fabric or plastic-lined landscape beds Rear Yard Setback Varlaacc The applicants are proposing to construct an attached garage addition on to the existing home with a story above. A large portion of the applicants ’ driveway and existing detached garage exist within the platted cul-de-sac right-of-way. While the length of the driveway from the paved street to the proposed addition is 64’ the distance from the rear property line to the proposed addition is 28 ’. The existing home is 47’ from the rear property line. Hardcover Vaiiance As the property currently has nonconforming hardcover within the 0-75’ and the 75 ’-250’ zones, the applicants are proposing hardcover removals within both zones as part of their application. They are proposing to remove an existing 426 s.f. lake side deck and a shed which are located entirely within the 75 ’ setback. The shed and the deck constitute 473 s.f. of structural hardcover removals and the applicants are proposing to add 998 s.f. of garage addition to the home. Average Lakesbore Setback Variance The applicants ’ property and the neighboring properties are located on a peninsula; all of the homes on the point are located ahead of the average lake setback. This is illustrated in the aerial photo attached as Exhibit E. Half of the applicants ’ home is lakeward of the average lakeshore setback; the proposed addition will also be approximately located within the average lakeshore setback. Hardship Statcmcnl Applicants have completed the Hardship Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Hardship Analysis /ff eomHertHt for vortomce, the PlauMtHg ComnlMMtoH shall consider the effect of the proposed variance upon the heoUh, spfety and teelfare of the community, existing and anticipated traffic eondhhms, Hght and air, danger efflre, risk to the public safety, and the effect on values of property In the surroundtng area. The Planning Commission shall consider recommending approval for variances pom the Merol provMom of the Zoning Code In Imtonces where their strict enforcement would cause undue hardship because of clrcumslonees unique to the Individual property under conslderalton, and ------- FILE #05-3118 13 June 2005 Page 4 of 4 tkM neuHiHititi approval oofy wkto H ta ttinoiutntetl that such actloai trill he la keeping with the aptrH aai latent ef the Oroaa laalag CaHe. Staff finds that with respect to the average lakeshore setback and the rear yard setback there may be hardships inherent to the property and neighborhood justifying setback variances. The applicants have indicated that due to an intenor staircase location to access the T* story addition above the garage from the existing home, and to have enough space to physically park a vehicle and gain access to the home, the location and size of the proposed garage is necessary. The hardcover variances in order to construct the new 998 s.f. addition are somewhat minimized by the removals the applicants have proposed. However, the Planning Commission should discuss the fact that (not including the nonconforming 0*75 hardcover) the existing 75 ’-250* zone is conforming in hardcover at 24.6% while the applicants are requesting a variance to allow 29.5% In this zone. Planning Staff feels that the addition could be reduced slightly and additional hardcover removals should be proposed so as not to exceed 25% within the 75 ’ - 250 ’ zone. In particulw, staff would recommend that the existing detached garage is one item that could be eliminated. lasuaa for CoasIdcnithNi Are there any other issues or concerns with this aj^lication? Staff Rccommeadathm Planning Staff recommends approval of rear yard and average lakeshore setback variances in order to construct an addition to the existing home, however recommends denial of the hardcover variance request for the 75’-250 ’ zone for hardcover exceeding 25%. f .mm i .X J t3xnii»rr/Y City of Orono Variance Application Street Address: 2750 Kelley Parkway OroTK}, MN SS3S6 Application# C)S^ HS^ Date Received: S' - t7~oS Amount Paid: Main: 952-249-4600 fax: 952-249-4616 MaiHng Address: P.O. Box 66 Crystal Bay, MN 55323-0066 Staff: K-Ajt_Xcj^ Fee: $600 i o Renewal: $300 After-the-fact: $ 1,200 Double Fee This application form must be completed in foil. Applicant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: , _ Site Address: i'S lO VUtC , . NVKl Property identification Number (PiN): Cl- I I T - 2 I am - — ^ A9 ^ ^A. * i -J A OA --------#--------------------------------------------—. I Ilf - (Attach legal description to application if not included on the survey.) Date Property Acquired (month/year): (y/oS □ Yes, I own the adjacent parcels. PrAfiAnf I IMA nf nrnrkAp#w* !■ OacIHamMaI ' n — — ^ ^^ ^ -V ^ V «^e wwm W9 m mm m Present use of propei^: plResIdential □ Other Zoning District: L (s’*- I p APPUCAfi^W^O^j^AyO^ (Complete legal names and marital status required for each interested party) Phono (home):. fgZ- Address: |37S 0\yvA TUcc Email: Phone (work): fSZ-9Z*4’ / ______City: Oroi^O fifVtAJ Zip: SS’3^ ______Fax: yg2-K3l-gOZ^__________ OWNER INFORMATION: (Complete legal names and marital status required for each Interested party) Name: Mickle i % ____________ Phone (home): if np ^3 Phone fwoiit^ Address: 1310 AJiVa ?ldcc Citv Email: City: Fax: OfC¥S0 fMAJZm: SS3Qtf DESCRIPTION OF REQUEST:Estimated Project Cost: $ lO^^OCO Describe the request in detail (attach additional sheets if necessary); • CAiMSiTf»>CT ^ ZtXSZ (WiVAy aAMU'Ckx caJI^Hv ________ ArbsiH, V AacU'^ei REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. :rR yc a Pre*Application Meeting Form, completed by a City Planner. Completed Application Form Completed Hardship Documentation Form Certified Property Owners List - owners within 150’ of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department of Finance. Government Center. A-603 300 South 6"* Street, Minneapolis, 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 11" X17" for reproduction. Sketches or plans of floor and elevation views (provide one copy 8.5" x 11" or 11" x 17"). Additionai items may be requested by City Staff depending on the scope of the project. * APPLICANTS ACKNOWLEDGEMENT: The applicant hereby agrees to provide all information required or requested by the Planning Department agrees io pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application and certifies that the information supplied is true and correct to the best of his/her knowledge. The applicant recognizes that he/she is solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regarj^lsj^^'^^^^iotential merit. : 43^-----Applicant ’s Signature: A^licant ’s Signature: _ Date; Date: OWNER’S ACKNOWLEDGEMENT: The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consuitants, agents. Commission & Council Members for purposes of investigation and yeri^^atiqn of this request. Owner's Signature: Owner ’s Signature: Date: Date: J Applicant must have all submittals Into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are normally held on the third Monday of each month. Applicants must be present et ell 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 represented attend in place of the applicant and advise the City Planner assigned to your project. fl * , •• >«» ! I DATA PRIVACY ADVISORY In accordance with M,S. 13.04, Subd. 2, "Rights of subjects of data", we would like to inform you that your request for a permit or license from the City Orono or any of Hs departments may require you to furnish certain private or confidential information. You are notified that; 1. The Information you furnish will be used to determine your qualification for the permit or license requested. 2. You n>ay refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may bacome public. S. You have certain rights under M.S. 13.04 (see foltowing page) to review private data on yourself. 6. Your foil name is required to process this application or permit. fAadW______TWiK>l_____ First Add Last rm City State SS3M ist-Hnosn Zip Phone I understand my rights^stated above.U^UL2I^___ Signature V‘4.. < 1) S^ftTfejr Page I of3 HARDSHIP DOCUMENTATION FORM This form la a raquirad aubmKtal for ALL variance applicationa. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statue Section 394.27, Subdivision 7 requires that a hardship be demonstrated In order for a variance to be granted. The hardship must be unique to the property as variances run with the land and not the land owner. Personal and economic situations ate 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 variaorc ^ affect the surrounding community. To prove a hardship, address all the relevant poif’t.'? risted below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance 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.’ i r l \. • r Ttiw -rp wa^fou) \<Vr g/dA daUwUhOA. The olkiht of the iandowr>er is due to circumstances unique to his property2. UAcWtnKi Pe>7 O-X... The plight of the iahdowr>er is due to circumstances unique to his property not created by the landowner.* i | u i l)w\gl<9iaL>vif8v- 3.The variance, if granted. wiU not alter the essential character of the locality.’. ovd ?v» k^pV%sA aj/^a laCd.(\4nV*^« ’VJ) UlaCd.(\4n 4.’Econoniic considerations alone shall not constitute an undue hardship if reasonable use for the properW exists under the terms of the Zoning Chapter.* J I.ti o i:, • A 9. 10. 11. Page 2 of 3 1 "Undue hardship also includes, but is not limited to, Inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harn^^^h this Chapter."______________________________________ A "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not pemnitted under this Chapter for property in the zone wiwj^^ affected person's land Is located."__________________________ \4 The Board or Council may permit as a variance the temporary use of a onj^jn^ dwelling as a two-family dwelling."_________________________ 8. "The special conditions applying to the structure or land In question are peculiar to such property or immediately, adjoining prope'iy." j . . "The conditions do not apply generally to other land or structures in the district in iro iUi*> pfiSOffif. "The granting of the application Is necessary for the preservation and enjoyment ■o "The granting of the application is necessary for the preservation and of a sqbstantial property rigM of the applicant." , j . >r r\cn "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 Gyle.: ___________^ ^ A .ni J rr^V,o nmk Page 3 of3 12. The granting of such variance wili not merely serve as a convenience to tfie Hardahip Statoment Should you fael the hardahip cannot fully be described in the above criteria, describe the unique hardship, practical difficulty or unusual property conditions preventing compliance with Zoning O^inance requirements in the following lines (attach additional sheets if necessary): i I . _ \-x w ^CT)oaj— -------------------- ^ .. a B^x J j w w /xflAotJ *<veOrivJaj^ <Lt\^€bi^ ip __Wfiatuei MJ«*11 Vlj/fliAr^ Vygv/dctfvCv^ * - ‘ <W'‘/W4. W.V1 • ww-i I 4 f^Pi it ‘n K r,' *Vi o - p -crm Adi mi k'iS*:. ti T7 N 32*48' 12 \ I '<1^0---.....*/5***' •••••• v«*»*«««**^ #•••••♦•••< .♦•••••••.••••••••••••••••••• “ X3' r ...'<?^%---Six BLACKTOP :;:.v.v.--ORIVEWAY^ -TO BE ^••:;:•• REMOVED I &k. M *. :/ » T n I I ' ' '•:it/5 \ ! »•■mi V a ■4^% * -„•#' V''’ J952J) 156.80 ,__X. #4, I /. (94X4) 61.80 ••••. (MM)'# s 32*19’ 12" w /’oiciCTt WAUC 218.97 ••••••, r\k mMm • .* .. ' * .• ' ' * * • . , *•***'*••* • • . ' ‘ * *• * * : . •• • • • * >• . * ,, *• , • • • .*• , V * .• •*- t ',* • .* ; \ t • , * •. ^ . y » .• . : i .? ; * . *• ^ ^ 1 : V* » .. •:/ ••-9 • CERinCATE OF SURVEY FOR MARK PARTEN or TRACT ^ AND. PART OF TRACT B. R.LS. NO; 488 HCMCPM COUNTY. MMNESOTA ^ • • • ■ LAKE V ■ ! ]r^K Wm tliny MO Inl t Vmn a Oi^irii L«0 iMy Mk 4Ml af ■« lli#RO« •« nMa NOT^pfi On«l|t. KtaMWIa i • I M M .u T #3118 ifOT m •f »• • OM aal mi Ml On rin NM kzri C3 e.Bite AND ABMOIATU. INC. mmwmmmmm •v ^V r. ^ C\ K A *i rnnw-,iW : I • * I i ' ! i •nummum mx p«i » «n4rarariiuiflMi FRONT ELEVATION 1 vJ * ''lilii ill rijirifiiltiiiilii \it\\\\mm mt\ "1 li^il liiind iHi;? iMID e UJ?i s - (■ it'- ■. p ):• / 8 *,.*•">* j p ?v+^' ?--vi: -i^b“ lem /■ !'■•'■’ r .O rv. r j; '. v' k |v •• i--...J? •.rj* P i‘ 1-. iiiikCr i 4 ■I1 II 9 ‘ J ’ 0^^ •>■• •?;. S .C»-2- Oj, 0)“ ujg Q- J Exhibit E i /ill i ' f 4^ ^ ■4‘M i 1 > Sf ' A- # U Cf uOt / WrT J‘ r, fr •^! /!' ^ H % ‘ * yV > r <4 '•»W 'V:A- ' Tv- >'■ "-Nr- ?;«i>. . .>» ■■■ 1310 Vine Place • i I fl L f Overview Map^ N jl'.iirf lit! »iftiniriTii SETBACK ZONE: (CHICLE ONE) EXISTING HARDCOVER IN ZONE A. House w Tcr\ HARDCOVER CALCULATION WORKSHEET 7MS0* 2S0-S00* IDCQVEI oP T tac4 %. Longih e. C. X X .y X X D. Sk*ew«A X X E. Pafio/Deck X X F. Landscape Underlain By Plastic X X X G. Retaining Wans H. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _ _ _ _+ B PROPOSEB HARDCOVER IN ZONE A. House -_______ Longih X X B. Oarage C. Driveway X X D. Sidewalk E. PalkVDeck X X X X F. Landscape Underlain By Piastic X X X Q. Retaining WaHs H. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A • I a 11 • • O JLI S.F. -* WkMi S.F. S.F. 2^ S.F. - S F - NOc4*If ! S.F._______ sfitpS S.F. - liecK , MU------s.F.«g^m. pdJio _________SF ®MoosS.F.- S.F. f S.F. xlOO s —1 1 S.F. B a IK [i____ n__SF. - Hcosc a a S.F. S.F. S.F. a a S.F. S.F. 63 s.F.C«ncfC s.F..£^0«a feeps. S.F. LSI a a a ir-C^^ 3S“ S.F. S.F. S.F. , SF-CAtAc/tiUd uUHs S.F. A XlOO « 5Qj__ llfiP __S.F. A S.F. B Ss2___ Bu:4 i M CETtACKZONE: (CHICLEONE) O HARDCOVER IN 2QMg A. H oum HARDCOVER CAL 0-75* Langtti X X X X X X X X F- Landtcape UndwMi By Plastic X X X G. Retaining Wals H. Other total HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE ♦ B BIPPOBED hardcover im yr^fp A. House L«ne>> B. Gersge C. Orivewey 0. Sidewalc E. Pal • Vitr X X F. UnctorMn By PIniic X X G. fteUMno H. Other tota !:SS5S!ySto^S?LneA B ife n WORKSHEET of tvac ^’ e. WhM) XlOO sotMootr \iH7H fiP - Hoo!>e *4str> I.F. - 773 32 S.F.D/i«o S.F. • («%l( S.F.- V// S>; - StBOf S.F. suxt.t»<bc^K. S.F. - W « U> tntm ^ rdexV to S.F.ftfepS -S.F. A XlOO a S.F. 97g S.F. S.F. _ Cki>4U^ W**>* -1z5C___s.f. - & .S.F. ^2 S.F. -SUciOtilL S.F. - Wtb S.F. S.F. S.F. S.F. S.F. S.F. ^f034r tiL' S.F. A . B It.__ : :;:=*• \ »4 i ft-'.-,- .-...• ■'.' '' ■'■ ' I. :: ’■ .:^.•V■■:Ai \:y. ..V . ,' V v<ia RUN DATE: yi7/2nS M 07II723JI003S ntOPADDR 1335 YINEPL OWNBRNAME DANIEL B VENTRES JR TAXPAYER DANIEL B VENTRES JR NAME/ADDR 1355 VINE PLACE MOUND MN 35364 31 0711723420003 PROPAODR 1323 VINE PL OWNERNAME DDCARLSONAMJCARLSON TAXPAYER DON O* MARY J CARLSON NAME/ADDR 1325 VINE PL MOUND MN 55364 31 0711723420010 PROPAODR 31 ADDRESS UNASSIQNEO OWNER NAME HENNEPIN FORFEITED LAND TAXPAYER CITYOFORONO NAME/ADDR POBOX66 CRYSTAL BAY MN 35323 31 0711723420034 PROPADDR I3W VD4EPL OWNERNAME HENNEPIN FORFETTEOLAND TAXPAYER CmrOPORONO NAME/ADDR POBOX66 CRYSTAL BAY MN 35323 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 31 0711723420001 PROPADDR 1310 VINEPL OWNERNAME MRRJASHIELDS TAXPAYER MICHAEL R A JUDITH A SHIELDS NAME/ADDR 1310 VINEPL MOUND MN 33364 38 0711723420002 PROPADDR 1300 VINEPL OWNERNAME RJSTERUNGAKESTERLING TAXPAYER RICK J A KRISTINE E STERLING NAME/ADDR 1300 VINE PL MOUND MN 33364 38 0711723420004 PROPADDR 1343 VINEPL OWNERNAME MARGARET M DAVIS TRUSTEE TAXPAYER MARGARET M DAVIS NAME/ADDR 1345 VINE PL MOUND MN 33364 38 0711723420009 PROPADDR 38 ADDRESS UNASSIGNED OWNERNAME HENNEPIN FORFEITED LAND TAXPAYER CITYOFORONO NAME/ADDR POBOX66 CRYSTAL BAY MN 55323 38 0711723420030 PROPADDR 1330 VINEPL OWNERNAME RJCHERBAASPCHERBA taxpayer RKHARDJASUSANPCHERBA NAME/ADDR 1340 VINE PL MOUND MN 33364 38 0711723420031 PROPADDR 1340 VINEPL OWNERNAME RICHARD J CHERBA ETAL TAXPAYER RICHARD J CHERBA NAME/ADDR 1340 VINE PLACE MOUND MN 33364 38 0711723420037 PROPADDR 1360 VINEPL OWNERNAME JOHN ACASTINO TAXPAYER JOHNACASTINO NAME/ADDR 1360 VINE PL MOUND MN 33364 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY TAXPAYER SERVII OF MY KNOWLEDGE AND BEUEF. •44" "i 7r €0 ■1J % PAGE: I ' r 'IBip I (we) have re l%IO ADJACENT PROPERTY OWNERS’ ACKNOWLEDGEMENT FORM Jolofi C^%\n\no of (3^ojAW l>kcc [print name(s)][print address] ns for the proposed improvement or proposed use of the property located at 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 Property Owner Date »**«***•**< I (we)1300 vine. PMre. [print name(s)][print address] have reviewedplans for the proposed improvement or proposed use of the property located at QlO ^ 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 impra/ement plans and that the proposed neighbor ’s project or use requires Council ap0i^j Date Prb^rty Owrrer Date If you have any iriformation that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. iL o I fin*‘pin B<m«aT H- Hdnnepin CountyL' ' .‘4 .'V: •'* -■ '• :■* v’ !v.:l Vv::'V:;/ ;* ' ' • ' ‘ . t Tsmpayer Services Department 07-117-23-31 M (f>..>n r. f t 1./' I t'-: 'o ♦ ’ ■ <* 7*r • .'f ' V’''• Information ID 07117234200017"'" -''CV. J Hoim« Number 1310 Ott—t Nam* VINK PL . ilr',"' »' ■if. ■,. ■ V . • Thi»f$notal9gat/mooni»dmap. U npnmitn aeon^Mabon ai MonnaUon anddatatrom Cby. County, and Stata road auttwriUaa and othar soorcas. I* i:^ n • “*■■**• I GITYof ORONO Munklpal Offices StiMt Minss: 2750 Kelley Parkway Orono, MN 55356 MaiHai Mfftst: P.O. Box 66 Crystal Bay, MN 55323-0066 July 6,2065 Mark A Julie Parten 1310 Vine Place Orono. MN SS364 RE: 60-Day Review Period Extcniion Application #05-3118 State law provides that Cities shall nudee decisions on zoning requests within 60 days from the date of application, and that this review period may be extended by notification to the applicant. Your application was received on May 17,2005 and was considered to be complete on May 24, and the 60-day review period would end on July 24,2005. However, due to timing the earliest potential date of final Council action for your application falls a day after the 60-day period expiration. Therefore, the 60-day review period b hereby extended an additional 60 days to September 24,2005. This means that the fqxplication is allowed to remain open if necessary for review until September 24. It is likely that the City Council will make a decision at the meeting this Monday night, but should it get tabled by the City Council there will be time for final approval prior to the expiration. Please contact me with any questions regarding this matter. Sincerely, City of Orono Melanie Curtis City Planner IkkphMM (fS2) 24M4M • An (952) 249-4614 ! r ‘ Dtic Applicalioii Received: ®5-18-05 Date ApplicatloB CoaeMered as Coaiplcte: 06-06-05 60-Day Review Period Eipires: 08-06-05 JUL ‘ ‘ CITY OF ORONO REQUEST FOR COUNCIL ACTION Date: July S, 2005 Item No. 9 Dapartmaat Approval: Name: Melanie Curtis Adniaistrator Approval:Ageoda Section: Title: City Planner Item Description: #05-3119 - Jim Smith of Concept Landscaping on behalf of Ray A Nylene Newkirk - 1489 Shoreline Drive - Conditional Use Permit - Resolution Zoning District; Lot Area: Lot Width: LR-1 A, One Family Lakeshorc Rmidcntial District, 2-acres/200* 0.71 acre (31,118s.f.) 132’ List of Exhibits: A. Resolution per Planning Commission recommendation B. City Engineer Recommendation C. PC Action Notice dated 06-22-05 D. PC Memo A Exhibits of 06-14-05 Application Summary: The applicants are requesting a conditional use permit in order to repair a wash-out area on the lake yard slope with a subterranean wall system. Planning Commission Recommendation On June 20,2005, Planning Commission voted 6 - 0 to recommend approval of the conditional use permit following the City Engineer’s recommendation. Planning Staff Recommendation Approval of the conditional use permit per the attached Resolution. COUNCIL ACTION REQUESTED Adopt or amend the attached Resolution. k: i i : '-3 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION ‘/K-966 IN ACCORDANCE WITH MUNICIPAL ZONING CODE 78-1250 SUBDIVISION 1 FILE NO. 05-3119 WHEREAS, Raymond K. Newkirk and Nylene J. Newkirk, husband and wife (hereinafter “the applicants") ^ the owners of the property located at 1489 Shoreline Drive within the City of Orono (hereinafter the “City") and legally described as follows: Lots 3 and 4, N J Stubbs I** Subdivision Lot No 2, Hennepin County, Minnesota (hereinafter the “property"); and WHEREAS, the applicant has made application to the City of Orono for a conditional use permit per to Orono Municipal Zoning Code Section 78-966 to allow grading, fill and installation of subterranean walls to repair a slope wash out within 7S’ of the OHWL of Lake Minnetonka. WHEREAS, the applicant has made application to the City of Orono for a conditional use permit pursuant to Orono Municipal Zoning Code Section 78-1250 to allow grading within the 0-75’ setback zone for installation of subterranean walls to repair a slope wash out. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 805-3119. 2. The property is located in the LR-IA Zoning District, which requires a minimum lot are of 2.0 acres and 200’ of width. The Planning Commission reviewed this application at a public hearing held on June 20, 2005 and recommended approval of the conditional use permit based on the following findings: Page I of 5 m -.i-sSlij 4. 5. a. The property has a total area of 0.71 acre and 132’ of lot width. b. City Code 78-966 allows for the grading and tilling within 75’ of the OHWL of Lake Minnetonka by conditional use permit. c. The proposed subterranean walls have been reviewed by the City Engineer and the Engineer had the following recommendation; i. In order to reduce the potential for another wash out or other damage during the initial (6-year) period, the surface of the existing natural soil should be “roughed up’’ so that the compacted clay fill can be integrated into it. d. The proposed subterranean walls will have no negative visual impact and will be re-vegetated for a natural looking slope. e. The applicants have provided a restoration plan meeting the goals and intent of the 2^ning Code and the Orono Community Management Plan. The City Council has considered this application including the findings and recommendation of tlw Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variance on the health, safety and welfare of the community. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 5 r CONCLUSIONS, ORDER AND CONDITIONS upon one or more of the above flndings, the Orono City Council hereby grants a conditional use permit per Sections 78-966 and 78-1250 for the construction of a subterranean wall system in order to repair a wash out area on the lake yard slope, subject to the following conditions: 1. Council approval is based on the site plan and grade restoration plan submitted by the q)piicant and annotated by City staff, attached to this Resolution as Exhibits A and B. Any amendments to the site plans which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the conditional use permit will expire on that date (July 11,2006). 3. 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. 4. 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 1 1"* day of July, 2005. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner(s) Page 3 of 5 ■• ::•• V ■■■•• : -.TW .• •':• =:-•:•/•.• .." • • . • • ‘ » ?•..*. WMM 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. W-'- 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 Page 4 of5 i ILLI Ifyi •'. T'rV. :; . •*. ' kasiiteMsilia JTATE OF MINNESOTA COUNTY OF HENNEPIN '?||H ' n| This iiutniment was acknowledged before me this__day of by Raymond K. Newkirk, husband of Nylene J. Newkirk. \i Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this by Nylene J. Newkirk, wife of Raymond K. Newt- rk. day of, Notary Public •:- ■ p • /'•. • " •/ i.' ■ . ■ '•••• • ^. V: ■X:r.-: ' -p. . -•■•>• ;■-■pv. • ">: 3 rage 3 or 3 ,2005 ,2005 irtii'irliiin-—!!■ I'ifnrfiiii III ii I 4 VI-.; ii 'iqw *•»' -'XA. %v^ r W-M i * .■ . , ' . ‘ • ■: 1 \. t ..Vi •.'11 V> mp^ Restore Hillside to Natural Ray Newkirk Section Revisea 6/13/2005 run-off diverted to draintilel Clay Fill with 3" black top soil -/^•v P-300 Erosion Control MattingStapled drsifitite / Temtex HO fabric.^ 3/4-11/r filler rock 2' to 4' Wash out dninlle^ TenttMHOtabtic^ 3/4-t t/riMen^ Buried Erosion \ 5x6.60 CCA green treat ontrol tiers —r^^*x6'x4'Tleb8ck LJ trSpfce Bury 2* virgin sou ^ Buried Erosion Control tiers ^ 5x6.60 CCA green treat x6*x4"nebMk 11* Spite Bury Z virgin sol 19' / % ^ ir-14-K4*TrMdvi/e-rH« :>x. 4* X 6* laixfing Cuttom Wrought Iron Handmll/guirdml by Ray RAY NEWKIRK 1489 SHORELINE DRIVE ORONO, MN 55391 HHIsIda to fomatn an Natural as Is, 5.* *4' f • . mt-^yrnL-^ ,.-L vSg^ 5J 5 ? H 03 r ! i Memo l/u Bonestroo Jwiloscne Anderttift |\|| Affodairs an^seii * ArtMttcit ProidCtNum: 1489 Shoreline Drive Cffenf; City of Orono, MN To: TomKeNogg FUoNo: 000139-05-001-0 From; Philip J. Caswell. P.E.Dare; 6/23/05 Ae; Permit Application Review Proposed Shoreline Improvements Rmnartu: I have reviewed the letter submitted by Mr. Jim Smith, of Concept Landscaping, in which he responds to previous review comments re: the proposed shoreline improvements at 1489 Shoreline Drive using "subterranean wails*. According to Mr. Smith’s letter, he has used this method of slope stabilization many times before, reportedly with good results, including within the City of Orono. In addition, the longevity of the walls is not an issue, since their intent is only to provide temporary slope stabilization until the protective vegetative cover is established. The walls are then no longer needed and can rot away, leaving the stabilized soil mass to remain. Since the subterranean walls are considered to be temporary, they are part of the contractor’s "means and methods* to produce the final stabilized slope repair. They are, therefore, allowed more leeway in their design and construction, and I have no comments about them. To reduce the potential for another wash-out or other damage during the initial (6-year) period, however, until the fill soil is stable by itself, the surfoce of the existing natural soil should be "roughed up" so that the compacted clay fill t»n be Integrated Into It. Whether if s considered "benching", "stepping", or even "scratching", the surface must be disturbed enough that a slip plane is not created between the new fill and the existing soils. Finally, Mr. Smith evidently is very confident of this method of repair. While the design and preparation of drawings by a licensed engineer is not required, the responsibilty for the proper perforn.ance of the stabilization lies with Concept Landscaping. B onmma, Koatn*, AndtrMk and AaaocMwa, tne.w¥m,tomMtroo,com Q9iPmt9mm HFi^MNaiO pirnmmimm 0«iw l9f»N Fat 0 117 mrnrnfnmji fm mtmim mmmrnitm wmrn.mmmi mrnrnmiumv ORCMOIfoa. II GMLMNSm Pimm Fas mai-iw flAlfolOl QripdMa.l.mi Pimm Ul imVH FaaMIMMVt 1 ^ ^t. 5;,:K * m ■*11-' kkLJM i: CITYOPORONO 2750 Kelley Parkway PO Box 66 Crystal Bay, MN 55323 952.249.4600 ZONING FILE 05-3119 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: June 22,2005 TO: Concept Landscaping Jim Smith 3153 Priest Ln Mound. MN SS364 COPIES: Raymond & Nylene Newkirk 1489 Shoreline Drive Wayzata, MN 55391 TYPE OF REQUEST: Conditional Use Permit DATE OF MEETING: June 20,2005 Planning Commission recommended as follows: Approval of the CUP in accordance with the City Engineer’s recommendations. VOTE:6 FOR 0 AGAINST Applicant’s next scheduled meeting is confirmed as: City Connell -Jnly ll** - Meeting starts at 7:00 pm If you desire certifled copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. If you have questions, please call City Planner, Melanie Curtis at 952.249.4627. ■ ' V • i A FILE •05-3119 14 June 2005 Page 1 of 2 Dale Appllcalioa Received; 05-I8-0S Date Appllcalioa CoatMcred as Coaiplete: 06-06-05 60-Day Review Period Eipirea: 08-06-0S To;Chair Rahn and Planning Commission Members Ron Moorse, City Administrator Fron: Dale: Melanie Curtis, City Planner June 14,2005 Subject:05-3119, Jim Smith of Concept Landscaping on behalf of Ray & Nylene Newkirk, 1489 Shoreline Drive •Conditional Use Permit •Public Hearing Zoning District: Lot Area: Lot Width: LR^IA, One Family Lakeshorc Residential District, 2«acres/200* 0.71 acre (31,118 s.f.) 132’ Application Summary: The applicants are requesting a conditional use permit in order to repair a wash-out area on the lake yard slope.______________________________ St^ff Recommendation: Planning Department Staff recommends approval of the conditional use permit in accordance with the City Engineer recommendations.________ Pertinent Zoning Ordinance Sections Stc. 78-966. Land Alteration; Prohibited. It is unlawful for any person io build, alter or repair any seawall, retaining wall or otherwise change the grade or shore of lakeshore property without a conditional use permit issued by the Council. Sec. 78-1 2S0. Conditional asm. Conditional uses allowable within shoieland areas shall be subject to the review and approval procedures and criteria and conditions for review of conditional uses established in this chapter. The following additional evaluation criteria and conditions apply within the shoreland overlay district: 1. Evaluation criteria. A thorough evaluation of the water body and the topographic, vegetation and soils conditions on the site must be made to ensure: a) The prevention of soil erosion or the possible pollution of public waters, both during and after construction; b) T1ie visibility of structures and other facilities as viewed from public waters is limited; c) The site is adequate for water supply and on-site sewage treatment; and d) The types, uses and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft. I s F(LE #05-3119 14 June 2005 Page 2 of 2 Sec. 78-1286. Topographic alterations/grading aad filling. (b.) Grading, filling or excavating of more than ten cubic yards is prohibited within 75 feet of the ordinary high water level of the public waters enumerated in section 78-1217. Grading, filling or excavating of ten cubic yards or less shall require city staff review and permit and be subject to other pertinent sections of this chapter. List of Exhibits A. Application B. Existing & Proposed Survey/Site Plan C. Proposed Plans and Elevations D. City Engineer Comments E. Applicant Response Letter dated 06-13 05 (including more detailed plans) F. Property Owners List G. Plat Map Background A large dead tree was removed from the lake yard of the property at 1489 Shoreline Drive. As a result, the area down slope from the tree removal sustained a significant wash-out. The applicant has sulmiitted a plan detailing subterranean walls to remediate and repair the wash-out area while maintaining a natural looking slope without retaining walls. Conditional Use Permit Analysis A thorough evaluation of the water body and the topographic, vegetation and soils conditions on the site have been made, and are addressed by the following; The prevention of soil erosion or the possible pollution of public v.'aters, both during and after construction; Steps have been taken to address possible soil erosion during and after construction. • The visibility of structures and other facdities as viewed from public waters is limited; The nature of the subterranean walls is such that they will be completely invisible, and will assist in maintaining a naturally vegetated slope.. The site is adequate for water supply and on-site sewage treatment; Not applicable. • The types, uses and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft; Not applicable. The City Engineer has reviewed the plans and has provided staff with a recommendation requesting additional engineering design work to confirm the viability of this design (the letter is attached as Exhibit D). Applicant has provided a response (Exhibit E) which is currently under review by the City Engineer. Staff Recommendation Planning Staff recommends approval of a conditional use permit subject to the City Engineer's forthcoming recommendations. f 0<HlRirA CITY OF ORONO - GENERAL LAND USE APPLICATION Application# ^ Date Received' 9 -i Amount Paid PROPERTY LOCATION Site Address Type of Application to be Filed _ Property Identification Number (P.I.D.) ~T)a . APPLICANT Name _______________________ Phone fbo^) <» i J nso m' Phonefwork) ISA • «-l na > M 11 g Addres s City Zip OWNER (if different than applicant) Name ___ Phone (home) oa.\^^• Phone (work) Addres s T)a City _£) Date Property Acquired I (do) (do not) also own the adjacent parcels of land. FEES • CONDITIONAL USE PERMITS - $600.00 Residential Accessory Use $600.00 Institutional (church, school, etc.) $600.00 Guest House/Guest Apartments $600.00 Duplex Credit/Bldg $600.00 Commercial/Industrial Use Zip ss?,^\ __(month/year) y $600.00 Land Alteration + Permit ____Grading and filling - designated wetland or floodplain ____Grading and filling - 501 cu. yd. or more ____Grading, seawall, retainir;; walls within 75 ’ of lakeshore ____PRD/PID - see Fee Schedule ____$250.00 Renewal Fee (no change from original application) ____After-f*^e-Fact Fee - Double Current Application Fee OTHER APPLICATIONS _____$600.00 Commercial Site Plan Review (+ consultant fees) ______$600.00 Vacation ______$600.00 Easement Vacation _____$100.00 Easement Vacation With Subdivision _____$600.00 Rezoning (PUD - refer to fee schedule) _____$600.00 Comprehensive Plan Amendment ,______$100.00 Appeals Othqr - see Fee Schedule . :4 > u .« r * /. "-r ,/liV-^rt\ /! illlWiWiSiife i feili....... . .t -■?. :;V , H I I I n I ' X f FBOtt :CONC6PT LflNUburiw Icu-i rv/m^Inuc. rnjui/ii^ t • — REQUinED SUBMITTALS ____Complied Appli<ation Form. County Dopartmont of Finance, Government Center, A-603 300 South 6 Street Minneapolis, telephone 612-348-5910). f«r 4. Certificate of Survey (signed by a licensed surveyor) - refer to handout tor survey Information. . 5 Attach legal description to application If not Included on required survey. 0* Topographic survey (existing and proposed contours) If land alterations . . . Involve changes in elevation (grades). List of the legal names (include marital status) of all persons with an interest in ^"^“^the prope^. .. This would Include name(s) of appllcant(s) if not current owneits). Construction plan, if applicable (see staff for requirements). As an addendum to this application, please attach a separate list of any other persons you.wlsh notified of this application. YOU ARE REQUIRED fOIBUPPLY 3 COPIES OF LARGE DOCUMENTS AND 1 COPY FOR REPRODUCTION <ir X17*'OR SMALLER) FOR AU DOCUMENTS SUBMITTED. (Staff will require scaled drawings of all documents, plans, etc. to be subfhitled.) ~. • • • The Applicant and Property Owner must sign this application. Please remember that your application is not complete If the above Information has not been Included. ' • . » . Certification by Clerical Department.that Land Use Application is complete. Initials of Clerical Staff: _____________«Date_— ------------------- • % 7. y. 8. 9. APPLICANTS SIONATURE k *k ThevappUqant..hereby.agreea to provide all .|nfbrmatip.n required or requested by the Jpnipg Administrator, Agrees to pay additional fees (staff time not cqyer^ by original^ payment) and/or unusuoi wpenses incurred in review of this application, and certifies that the Information suppll^Ua4^ and corr^ t^e besUf his/her knowledge. OWNER'S SIGNATURE ^ Applicant's signature a Date shiio^ OWNER’S 9IONA.I Ulte . . ^ The owner hereby acknowledges and agrees to this application and further authon^ reasonable entry onto the property by City staff, consultants, agents, commission menabare. 9^ Comndl^ani^mbers for purpos^Tof investigation and verification of this , Date 7/ MDNCsnt musi nsva an nuqmmaivnHi.viB'Cily 25 days baforeihe Pianninq CofTMriissn^Maclir.8. Panning Commtoaion Maatlngs^ hsid oh Iht third Monday of na^h .month. Applicants must ba present at an aehedulatf revtaw maaBnga of the Planning Commisaion and Council, if an applicant is unable to St^ a achadMiad .meatingf please make arrangernenta to have an authorized agent attend In your place and. advise the BuHdtng ’& Zoning Qfllce of this change prior to the mseting. * • • *. . * (f If fpqi^est. « Owner's signature. _ Appheant must have an •, .V-'• v.'4- . M ft 1 Q'.a & DATA PRIVACY ADVISORY In accordance with M.S. 13.04, Subd. 2, "Rights of subjects of data", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2.You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under M.S. 13.04 (see following page) to review private data on yourself. 6. Your full name is required to process this application or permit. First 0^ :s Cl 4-p ' Middle [ast * Address City 7)^ fils' state Zip Phone k PPROX. EDGE ^ ttlUMNOUS MENT PER PUT 51, I 75-250 ER CUENT \. V N r.95Z5 953.9 ------------------ 699.2« « found HENNEPIN ■*“------^ f COUNTY R.O.Wj, MQN_ _ 9^.3 954.6 FOUND 1/2* 996.6 -----956 -----^ 953.9 928.5 n 951.6 931.5^ . \ «“ I I I I N 88*0V24" E" —181.66— X 053.2 \ ^ H I!S1.5' X 0450 »44± : < ' h'-Li. 053.4 051.5' |045fl » 44± K ; i ‘T'l ■.’*“'1 i 'll 053.3 056.2 '057.2 BITUMINOUl DRIVEWAY TO BE REMOVED 4.900 ST ^ -954- - ycS* X /v/928.5 996.6 .*957.6 % •SM ( O.—-051.8 CONCRETE TO BE REMOVED 10 SF 997.5 / / 156.7 056.6 'ROPOSED ^VER BLOCK DRIVEWAY '057.0 PROPOSED CONC. WALKS cr:nnTii / EXISTING RESIDENCE TO BE REMOVED 3.226 SF TOTAL AuftvEr ^ UNE-^ 12” OAK / *5*9^-2 12” OAK I 050.0^1 I I I ' ' i i r"! I ' I ' ' ,'./ * ■ » I 1 ' 1fl"t OAK I ' I* I I I h 1 ' ' I' , I I I I i* i.9k I III'I I I I I I I I I I I I I I I I I I I I I • I IB*/OAK> I ; I I I I 051.5 till , I , III- 928.5 till!I I » i? ! ! !I I ' / t ' ' >51.001 ,1111 S30.6 < ' * 928 « >950.7^-" •93.1 *966.4 coaES % % PTiTir.ia PROPOSED RESIDENCE .050.5 TTTTTTTt i tI _____ 1 I I I I I I * • OHW 929.4 CONTOUR EDGE OF WATER 2 SEPT 2003 94912 * * * * f T; » » ‘ I , Uts=r j ) IR —sri.^ *l CONDITIONING PADS / 'N I 0489 1; W 11''''»/ I I'••'//I ,i4-i’j •• I i- !, i ;// 931.3 DOCK SECDON STORAGE PL REMOVED, 151 SF. STEPS ’ AND EXTEND TO LAKE. 137 028.5 ^950.1 —I I I I l-^p I ' I ' I I ,11111, , I I I I I , , •4/\. y 4.09*^'found HENNr COUNTY K.O.W.yMON X09U ( \ « 054.8 —175.01— 88'04*24“ W /FOUND 1/2" IRON* 3.04 S OF UNE * 957.5 .—/ f* 957.1 \'94k.i I I I I I f I I I __________ 1 50± * * * * ' * y I I ' ;X , , , 1930.7* I / / « • * 4 928 5 / I . V 2ISJ ir=. • RET. WALLS TO BE REMOVED. 70 SF TOTAL HENCHMARK: TOP OF FOUND 1/2" IRON PIPE ELEV - 85C.3 '1.- Restore Hillside to Natural Ray Newkirk Section Clay Fill with 3*’ black top soil P-300 Erosion Control Matting Staptad ■ % .., S'.*. •■!.» •. 2* to 4' Washout \ Buried Erotkm Control tier* 5x6 CCA grem treat m ^ Buried Erosion Control tier* — 5x6 CCA green treat sign channel i vuik&i 27’ editei W- .' ■. . ■ ^ ^ ; ■' r>.. V. w > : "'■■■':.;v:’V!’";-’fe,- ;-:;■ a-.' • 1 v>:iv r ?»iP' • •** ^ • \. ^ ^ tV * •< . .tirv j •: / -ift ?.■> ■: •■; .rv. ■ • ■ I - .>v j‘*. i* *•♦■ ?/ :’.*V •*•./'• ..•■ • • : . * ’Av* • f ■ r^' ‘ ^.v« \ ‘. : -'v. ■• .'3i T-‘‘rf h £3^^' -'T V.^try fl h ^ iiAk 'tii\ ■ \ * A . • ,'. f .V . . •>v ..-y r. V ,. • :. »■ ^ ♦ •. i '“iP5 Memo ©cH-fBlTD Boneitfoo eotene Andei«c& Associates 4 ArtMiKU Project Name: 1489 Shoreline Drive Client: City of Orono, MN To: Tom Kellogg FPe No: 000139-05-001-0 From: Philip J. Caswell. P.E.Date: 6/9/05 Re: Proposed Shoreline Improvements Remarks: I have reviewed the proposed repair for the shoreline slope "wash-out" submitted to the City for 1489 Shoreline Drive, and have the following comments: 1. 2. 3. The submitted design is not signed by a licensed engineer and has no backup calculations or other design infonnation. This must be a condition of permit approval. The proposed repair involves constructing buried timber walls, tied back into the slope with 3/8" steel cable to treked deadmen anchors. The design sketcn is conceptual only, since dimensions are not provided for the anchorage cable (length), depth of deadmen anchors into the retaining soil, or the size, depth or spacing of the steel sign channels. It Is difficult to determine whether, conceptually, this approach will work. There are a number of concerns thet stand out as potential problems: a. The backfill proposed is "clay fill”, which exerts a higher lateral earth pressure than a granular fill material - particularly when wet. I would recommend that a free-draining granular material be use, or the higher saturated clay pressures must be accounted for in the design. b. It does not appear that the existing slope will be modified. ‘Benching* the slope is recommended to reduce the potential for aeating a natural slip plane below the imported fill. There is no provision for drain tile or other means of collecting and diverting water that may enter the fill soils and accumulate behind the walls as it percolates down the slope. This additional hvdrostatic loading can be significant. Using ferrous (steel) and organic (wood) materials below grade can provide only a 10 - 20 year design life, as they will rust and decay over time. c. VN^out the signature of a P.E. who will take responsibility for the design of these "subterranean* walls, or some documentation to validate the design, I would not recommend allowing this repair to proceed as shown. Bom$tfoo, Ro»0O0, AnthtUk tnd Aesoclattt, Inc.www.bon9Mtroo.com JItPwlWlil ! HMIMMIII ftavNIUMNI c ni jni?»*i iMitoiW mmrn mntnm fm nAw.itmiti fK frn.mHt4m fkam Nf MMiri fat MM4M9I9 J Concept Landscaping 31 S3 Priest I^ne Mound. MN 55364 952-472-4118 / FAX 952-472-4119 City of Orono 2750 Kelly Parkway Crystal Bay, MN 55323 jun ’ * iom ^^OlsiQ 6/13/2005 Subject:Newkirk, 1489 Shoreline Drive, Orono, MN 55391 Repair wash-out Engineer remarks response Please find a copy of our revised section which adds more detail. This is a very simple little washout that could be handled by any homeowner or landscaper tliat has ever built a retaining wall before. Newkirk’s landscaper has already diverted all of the above runoff away from this subject location, so there is no upper water runoff pressure being exerted. Furthermore, please find a copy of a permit you issued in 2002 for Chris Engeler, pennit P05589, for a washout that was four times larger and much worse. You will find that we used the same exact tried and true process for repair. You will also notice that you easily approved that permit. We have been using this exact repair process for 30 years and have never had a problem, this is not a conceptual plan. Remarks response: 1. I have added design information to the section. I have also enclosed Cliris Engleter’s section which was previously approved. 2. I have revised my section to be all .60 CCA treated timbers. A standard timber is .40 CCA. A .60 CCA treated timber will last for years, however they only need to last six years, which is why we use clay fill. Clay which is our natural soil around Lake Minnetonka settles and compacts over the six year period. Our plantings root up and the hillside becomes naturally stable again. At that point in time the sub terrainian walls are no longer necessary. 3. Our plan is in operation all over Lake Minnetonka with many years of perfect results. History has proven our sub terainian walls and erosion control methods work great. Obviously, exposed retaining walls are the best way to handle a situation like this, however, retaining walls do not offer the capability of maintaining the natural beauty of an undisturbed hillside which is the desire here. a. The entire hillside is clay (natural Clay). It has been very stable for years with no proMems. A contractor removed a targe tree at that kK'ation at the top of the hill causing the hillside instability and slide. Granular fill will never com|xict and hold on the hill by itself. Therefore to use granular fill means we would have to hold the fill with retaining 1 I V: i I- i V ■ • walls v^ch will certainly give way over the years and have to be replaced. I have to say who cares how long a retaining wall lasts. 20 years or SO years still means it has to be replaced. Our method lasts forever and keeps the original natural beauty of the hillside. b. Benching the slope is not necessary. We have diverted ail of the water runoff above to 0 drain box and draintile. All pressure above is gone. We are dealing with 396 sq ft of surface area subject to water when it rains. The hillside has held up for a thousand years without benching and the homeowner and the City do not want retaining walls. c. I am sorry for not showing the draintile on the plan. We draintile every project. 1 revised my plan to show it. d. Explained above. Again, this is a very simple little repair. The goal is to restore the location back to natural and not build retaining walls and end up with a vety unnatural ugly repair. This is the smallest slide project we have ever done. If our big projects work 1 think this one will also. .A- ■' V V.;- f F, i Jfl W 1 iL'y vr f,\ m'>: ■ ' ;i?:- :v^v'^-:^ *.-..v;«'.iH ' Vj S»s r-'* ^ ’ ' V'W■‘^ . .‘--^ A i* ‘-‘,••'■>■ ■ Restore Hillside to Natural Ray Newkirk Section Revised 6/13/2005 Clay RN wHh 3" Uack top soil Erosion Control Matting Staplad T«ntm HD Miric. 3/4-1 1/2'fHarrock tl0f8 5x8.60 CCA (kreen treat rufvoffdhrwtidtodrainM 2* to 4* V\Miout TantaHDMxto 3M-1 l/rUtefiodu^ 4„--<"xe"x4‘Tl«b«* ^ irSpAeBury? vfigin toO BurM Erosion Control tiers 5x6.60 CCA green treat x6‘x4“nst»Mk Il’SpM Bwy?ti«rglnsal 27' I .■'’'Jr ' . ■'"'S ’’■A . ■ • : ■■ .' ;• : .■ ■ , . ;■ ■•■;N ; ' . ■••. -W ■ %■• ■ Ti • • « m m osp!-ffG A jl t *' • V ,4 i V ^ CITY OF ORONO ^ SITE FLAN__ GRADING PU 1-5 AFI’RCv'EO »2««*AT^o^ c approved with revisions □ DISAFPBOVHQ RV riW*- _ n&T? 0 «?-»<.-oT-, AppAWftP Lm»TH -Pa»o*0-< H-^1^ tS4^^^ 6iuT t^iTi4 fwarH^ p«9* r> u/orn. »* . o *3 . A2^uiA<.*)C9 -osa 4^ "mt^C uiAre/t~ •wr i»ic<. -h ^ mm rr.i 1 )Restore Hillside to Naturai Woods Christopher Engeler Section C-125 Erosion Con^Ma^ng Clay Fill wKh]^ black top 9oJ Si * ^ 50'Wash out Burttd Erosion Control tieri 5x6 CCA groen treat drain tiio 28.5 ’ JmII ' ^ ., V :v y?fiKA.:r-f . .. •" v'v RUN DATE: yWKDS SI IIII733230002 MOPAODR I47S SHOREUNEDR OWNER NAME ELLEN A SCtMITT TAXTAYER ELLEN A SCHMITT NAME/AOOR 1473 SHORELME DR WAYZATAMN SS39I 31 1II17232300I0 mOTADOR 1417 SHORELME OR OWNERNAME BMWALLERRLLWALLER TAXPAYER BRIAN MR LISE L waller NAME/AOOR 1417 SHORELINE OR WAYZATAMN 33391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 3S IIII7232300M PROPAOOR 1491 SHOREUNEDR OWNERNAME JCKRIERRRCKRIER TAXPAYER JANET C KRIER NAME/AOOR 1491 SHORELINE DR WAYZATAMN 33391 3t IIII7232300II PROPAOOR 14S3 GREEN TREES RO OWNERNAME PATRKTIABCU3USERTRUSTEE TAXPAYER PATRICIA B CUXJSBt NAME/AOOR 1413 GREEN TREES RD WAYZATAMN 33391 38 III1723230009 PROPAOOR 1489 SHORELINE OR OWNERNAME R KNEWKIRKRN J NEWKIRK TAXPAYER RK NEWKIRK RNJ NEWKIRK NAME/AOOR 1489 SHORELINE OR WAYZATAMN 33391 38 IIII7232300IS PROP AOOR 1310 GREEN TREES RO OWNERNAME G M OANKORN ROANKO TAXPAYER GEORGE M R NANCY R OAKKO NAME/AOOR 1310 GREEN TREES RO WAYZATAMN 35391 PACE: I 31 IIII7232300I6 PROPAOOR 1410 GREEN TREES RD OWNERNAME CRSPLATOU TAXPAYER CARL R SUSAN PLATOU NAME/AOOR 1410 GREEN TREES RD WAYZATAMN 33391 31 III1723320010 PROPAOOR 1263 BRACKETTSPOB4TRO OWNERNAME ROGERDOSHAUOHNESSEY TAXPAYER ROGER 09SHAUGHNESSEY NAME/AOOR 10362 ESTATE OR EOBNPRABUEMN 33347 38 III17232300I7 PROPAOOR 38 ADDRESSUNASSIGNEO OWNERNAME CRSPLATOU TA3CPAYER CARL N R SUSAN PLATOU NAME/AOOR 1480 GREEN TREES RD WAYZATAMN 33391 38 IIII7233200I8 PROPAOOR 1220 BRACKETTS POINT RO OWNER NAME JULE M HANNAFORDIV ET AL TAXPAYER JULEMHANNAPOROIVR NAME/AOOR ELIZABETH A HANNAFORD 1220 BRACKETTS POINT RD WAYZATAMN 33391 38 IIII7232300I8 PROPAOOR 38 ADDRESS UNASSIGNEO OWNERNAME GREEN TREES HOMEOWNERS ASSOC TAXPAYER GREEN TREES HOMEOWNERS ASSOC NAME/AOOR OO JACK© YOST 1313 GREEN TREES RO WAYZATAMN 35391 38 III 1723320021 PROPAOOR 1200 BRACKETTSPTRD OWNERNAME JOHN C NOBLE TRUSTEE TA3CPAYER JOHN C NOBLE NAME/AOOR 1200 BRACKETTS PT RO WAYZATAMN 33391 I CERTIFY THATTHE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OFTW HENNEPIN COUNTY TAXPAYER SI OP MY KNOWLEDGE AND BELIEF. DATE #31 3 Ml :» I MM ■i:exmetf 6 Hennepin County Taxpayer Services Department • ♦ «r., wvv-: Parcel ID 111172323000S NoiiM NiimbMr 14M Dtraat Nama SNOmUNB DR 7hltl$Mt»l$gallyr$cofd9dnwp.Hnpf§mtl$»compMlonoflnformadon $ixHlal»tt<amClly. County, mid SM» mad mMtwUm and oltmtourcM. ip Date Application Received: S-18-0S Date Application ConaMcred aa Complete: 5-lS-OS 60-Day Review Period Expirca: 7-17-OS nr-fTTIMQ REQUEST FOR COUNCIL ACTION JUL I I 2005 Date: /OItem No. Departmeat Approval: Administrator Approval: Name: Michael P. GafTroiv^^i{|^ Title: Planning Director ' Agenda Section: Zoning Item Description: #05-3122 Dan-Bar Homes/lOSpring, Inc., 1001 Wildhurst Trail - Variance Resolution Zoning District: Lot Area: Lot Width: LR-IB, Single Family, 1 acre /140' width 37,380 s.f. ± (0.86 acres - meets 80% standard) lOS* at front setback line List of Exhibits A - Resolution per Planning Commission Recommendation B - PC Action Notice 7/1/05 C - PC Memo and Exhibits of 6-14-05 Application Summary This is a request for a lot width variance for an existing lot of record. The existing home and detached garage were demolished in April 2003. The existing lot width at the 35* front setback line is 105', less than the 140' width required for the LR-IB District and not meeting the 80% standard for existing lots of record. This is not a lakeshore lot. No other variances are necessary for reconstruction on this property. Planning Commisaion Recommendation On June 20 Planning Commission voted 5-0-1 (Berg abstained due to a potential conflict of interest) to recommend approval of lot width variance subject to applicant providing plans for final building permit approval that meet all other City standards for new construction in the LR-1 B zoning district. The driveway shall be relocated from the adjoining property to meet at least the minimum 5' side setback. Staff Recommendation Approval per the attached Resolution. COUNCIL ACTION REQUESTED Adopt the attached Reeolution granting a lot width variance for 1001 Wildhurst Trait. _ . iTi-'. MWAk ____ 4 1 ---- ^ - A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-330(b) FILE NO. 05-3122 WHEREAS* Dan-Bar Homes, Ltd., a Minnesota domestic corporation (hereinafter "the owner") is the owner of the property located at 1001 Wildhurst Trail within the City of Orono (hereinafter the "City") and legally described as follows; The East Vt of Lots 1 to 8 inclusive, Block 4, Mount Home Park, Hennepin County, Minnesota; and That part of the southerly 220 feet of the West of Lots 3,4, S. 6.7, and 8 lying Northeasterly of the following described line: Commencing at a point in the center of the South line of Lot 8; thence to a point on the West line of Lot 3, said point measured 220 feet Nordi from the South line of Block 4, in Mount Home Park; and That part of Vacated Grandview Place which lies easterly of the easterly line of Block 4, Mount Home Park, South of the easterly extension of the northerly line of Lot I, said Block 4, Mount Home Park, and northerly of the easterly extension of the South line of Lot 8. said Block 4, Mount Home Park. (hereinafter the "property"); and WHEREAS* 1 OSprtng Homes, Iik., a Minnesota domestic corporation (hereinafter die “applicant”) in coi^unction with the wner has made application to the City of Orono for a variance to Orono Municipal 2tening Code Section 78- 330(b) to allow construction of a new residence to replace a pre-existing residence on a lot 105' in width in the LR-IB Zoning District where a 140* minimum lot width is required. Minnesota: NOW* THEREFORE BE IT RESOLVED by the City Council of Orono, FINDINGS I. This application was reviewed as Zoning File it05-3 122. Page 1 of 5 2. 3. 5. The property is located in the LR-IB Lakeshore Residential Zoning District, which requires minimum lot area of l.O acres and minimum lot width of 140'. The lot contains 0.86 acres in area, meeting the 80% rule of Section 78-72(bX 1) for existing lots of record, but is only 105' in width at the rear cf the front yard, not meeting the 80% rule noted above. The Planning Commission reviewed this application at a public hearing held on June 20,2005 and recommended approval of the lot width variance based on the following flndings: a)The property contained an existing residence structure and detached garage, which were removed by the owner in April 2003 in order to construct a new residence on the property. b) c) The property is provided with municipal sewer. The lot area of 0.86 acres is sutTlcient to allow reconstruction on the site, where a residence has previously existed for many years, without the need for further variances. There is no land available for acquisition by the applicant to bring the lot into conformity. e) The property was ^wited this same variance via Resolution No. 4983 adopted May 27,2003 but which variance was never used. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the owner, the applicant and the public, and the effect of the proposed variance on the health, safety and welfare of the community. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant and owner, but is necessary to alleviate a demonstrable hardship or Page 2 of 5 difficulty; is necessary to preserve a substantial property right of the owner and applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-330(b) to allow construction of a new residence to replace a pre-existing residence on a 1 OS' wide lot in the LR-1B Zoning District where a 140^ lot width is required, subject to the following conditions: Council approval is based on the site plan submitted by the applicant and owner 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. Authorities granted by this resolution run with the property not with the iqpplicant or owner, 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 (July 11,2006). Violation of or non-compliance with any of the toms 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. The undersigned applicant and owner have read, understood and hereby agree to the terms of this resolution and on behalf of the qrplicant, the owner, and the applicant ’s and owner's heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Page 3 of S m '■ f j K 'I Hi Adopted by the Orono City Council on this 11th day of July, 2005. ATTEST: Linda S.Vee, City Clerk Barbara A. Peterson, Mayor (for Dan-Bar Homes, Ltd.)(for lOSpring Homes, Inc.) 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 instnunent 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 5 r i . . • , *, ■m STATE OP MINNESOTA CXXJNTY OF HENNEPIN This instniment was acknowledged before me this ___ day of__________, 2005, by _______________, the______________, of Dan-Bar Homes, Ltd, a Minnesota domestic corporation, on bdialf of the corporation. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instniment was acknowledged before me this ___ day of__________, 2005, by_______________________, Uie ______________ of 1 OSpring Homes, Inc., a Minnesota domestic corporation, on bdialf of the corporation. Notary Public Page 5 of 5 ir r 1 S CITY OF ORONO 27S0 KcUcy Parkway P.O. Box 66 Cryital Bay, MN SS323 (952) 249-4600 ZONING FILE: #05-3122 NOTICE OF PLANNING COMMISSION ACTlOIN DATE OF NOTICE: July 1, 2005 TO: lOSpring, Inc.COPIES: Dan-Bar Homes 622 W. 82nd St.2708 Crcstwood Circle Chaska, MN 55318 Minnetonka, MN 55305 TYPE OF APPLICATION:Variance - Lot Width (Renewal) DATE OF MEETING: June 20, 2005 PfauMlag CoBunisaioB recommcDdcd as follows: Approval of lot width variance subject to ai^licant providing plans for final building pemit approval that meet all other City standards for new construction in the LR-IB zoning district. VOTE: 5 FOR 0 AGAiNST 1 ABSTAIN Applicant's next scheduled meeting is confirmed as: Oty Cooacll - Monday, July 11, 2005; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available finom the City Recorder after review and approval by the Planning Commission. If you have questions, please call Planning Director Mike Gaffion at 612-249-4600. Date AppKcitioB Received: 5>1S-0S Date ApplicatioB CoasMered ai Complete: S*18-05 (0*Day Review Period Expiree: 7>l7-05 To:Chair Rahn and Planning Commissioners Ron Moorse, City Administrator From: Dote: Subject: Mike Gaffiron, Planning Director June 14,2005 #05-3122 lOSpring, IncVDim-Bar Homes, 1001 Wildhurst Trail • Variance - Public Hearing AppUcatloii Summary This is a request for renewal of a lot width variance originally granted via Resolution No. 4983 adopted May 27,2003 for an existing lot of record. The existing home and detached garage were demolish^ in April 2003. The existing lot width at the 35' front setback line is 105', less than the 140' width required for the LR-IB District and not meeting the 80% standard for existing lots of record. This is not a lakeshore lot. Although the proposed house design has been revised since 2003, all pertinent zoning requirements (hardcover, lot coverage, setbacks, etc.) will be met. Zouiag District: Lot Area: Lot Width: LR-IB Single Family Lakeshore Residential, 1-acre minimum 37,380 s.f.j: (0.86 acres) 105' at front setback line List of Exhibits A - Application & Hardship Statement B - Survey/Site Plan - 2005 Proposal C - Resolution No. 4983 D - Neighboiiiood Topography Map with lot boundaries E - Zoning Disclosure A Dwlaration F - Hardcover Calculations O-Plat Map H - Property Owners List Pertinent Code Section 10.24, Subd. 5. Area, Height, Lot Width aiKl Yard Requirements. B. Lots. The following minimum requirements shall be observed: Side Yard Side Yard Lot Lot Front Adjacent to Rear Adjacent to Am Wkilh Yaid Another Lot Yard Street 1 acre 140 feet IS feet 10 feet 30 feet 3S feet «0S-3I22 1001 WUdbani TraH J«M 14,200S Page 2 Backgrouad k ■ . This record lot is the combination of portions of smaller lots and a portion of vacated alley within the plat of Mount Home Park just north of Wildhurst Trail. A home and detached garage existed on this property until April of 2003. The lot is 95' in width at the street lot line, 1 OS' at the setback line, and 160* in width halfway to the back where it again narrows up. In the past the City received many calls regarding the possibility of this property acquiring access to the lake via the lagoon that juts in from Forest Lake. However, the lagoon does not abut the property and the adjacent lot does not have sufficient shoreline to give up any frontage. The current applicant has provided a site plan/survey that is slightly revised from the layout proposed in 2003. The proposed house is located about 130' from the shoreline, and most of the site is within the 75-250' zone, with the driveway and southerly 50-100* of the lot in the 250-500' zone. Hardcover in the 75-250'zone is proposed at 19%, and in the 250-500'zone is 11%, hence hardcover is not an issue. All pk . 'losed setbacks are conforming, and average lakeshore setback is not an issue because this is not a Ljceshore lot Detailed house plans and elevations have not been provided; however, because the only variance required is lot width, such plans would not affect the variance review. Hardship Analysis /« evmkkrlHg afpHeahom for varUutet, the Ftmuliig CommiuloH skaH o0«/drr tkt t^eet of the proposed rmrUmeoapott the health, sofetp aad we^art ^the eommaalty, exbdag aad anticipated truffle eoaththm, light and air, danger effire, rbh to thepnhUe ufety, and the effect on values of property In the snrronnding area. The Planning Commission shall consider recommending t^roval for variances from the literal provisions of the Eoning Code In Instances mhere their strict enforcement would cause undue hardship because tff circumstances unigue to the Indhddual property under consideration, end shall recommend approval only when It Is demonstrated thm such actions wtKbe In keeping wMt the spirit and Intent ^ the Orono Zoning Code. The iq)plicants have provided a brief hardship statement (See Exhibit A) and should be asked for their ftirther comments, if any. Also see the findings of Resolution No. 4983. LOT ANALYSIS WORKSHEET LR-IB Standards Lot Area Lot Width Required 43,560 s.f. (1.0 acres)140' Actual 37,380 s.f. (0.86 acres)95'-1 58' #05-3122 1001 WiMImnt Trail Jaac 14,2005 PB|c3 Setbacks Required Proposed Front 35 ’153 ’ Rear 30 ’96’ Uft Side 10’10.5 ’-21.2 ’ Right Side 10’17.9 ’ Hardcover Zone Total Area iaZoae Allowed Hardcover Existing Hardcover Proposed Hardcover 0-75'NA 0s.f. (0%)NA NA 75-250 ’28,545 s.f 7,21 1 s.f (25 %) NA 5,548 s.f. (19.2%) 250-500’8,535 s.f 2,560 s.f (30 %) NA 948 s.f. (11.1%) Lot Coverage hy Structures Allowed “15% = 5,607 s.f.Proposed'3,599 sf= 9.6% Issues for CousMerat 1. 2. 3. 4. I tin*The lot (^pears to be similar in size to other developed lots in the neighbor!) A single fiunily residence previously existed on the property. The property is sewered. Lot coverage by structures is approximately 3,600 s.f. or 9.6%, well within the 15% limit. The applicant has not provided a grading and drainage plan; such plan will be required for review and approval prior to building permit issuance. There are no apparent grading and drainage concerns with this property. Staff Recommendation Staff recommends approval of the lot width variance renewal, subject to applicant providing plans prior to building permit approval that meet all other City standards for new construction in the LR-IB zoning district. Wliijf Wl w Variance Application A, street Address: 2750 Kelley Parkway Orono, MN 55356 Main: 952-249-4600 fw: 952-249-4616 MeHhg Address: . P.O. Box 66 Crystal Bay, MN 55323-0066 Application# QS-3 iZ2- Date Received: Amount Paid; oO -QO Staff: Fee: S600 ___________ Renewal ^$300 After-the-fect $1,200 Double Fee This application form must be completed in full. Appicant will be notified within 15 days as to the status of the application. Incomplete applications wilt not be placed on Planning Commission Agendas. PROPERTY INFORMATION: StteAddress: [QOl [diub 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: pf Residential □ Other V/AC AkTT U//T Zoning District: _________________ APPLICANT INFORMATION; (Complete legal na.*res and marital status required for each interested party) Name: lH6. ________________________________________ Phone (home): - lA 2 Z-l4S Phone (work): Address: 4rt7 (^hA<^Ai klid _________ Email:JAfitC^Fax: (?^z OWNER Name: _ Phone (home] Address: Email: ’ION: (Complete legal nai^s a-'d marital status required for each interested party) Phone (work): jfyi niN Fax: qs-2. SUC DESCRIPTION OF REQUEST: Estimated Project Cost: $ Describe the request in detail (attach additional sheets if necessary): ______________ JT4y OO ! -IT- _ I Jim rS!2^ REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. Pre>Application Meeting Form, completed by a City Planner. 10 Completed Application Form 10^ Completed Hardship Documentation Form □ Certified Property Owners List - owners within 150' of the subject property,JebBls anthpjat map. List labels and map may be obtained from Hennepin County Department of ^ance, Government Center, A-603 300 South 6**' Street, Minneapolis, telephone 612-348-5910 □ Original Certificate of Survey (signed by a licensed surveyor), meti ng all the re gufrements listed within this packet, including hardcover calculations. Also provide one copy 8.5” x 1 r or 11" X17" for reproduction. □ Completed hardcover calculation worksheets (as provided within the variance packet). □ Topographic survey - including existing and proposed elevations. Provide one copy 8.5" x 11 ” or 11" X 17* for reproduction. Sketches or plans of floor and elevation views (provide one copy 8.5* xlTorlTxl 7"). □ Additional items may be requested by City Staff depending on the scope of the project. " APPLICANTS ACKNOWLEDGEMENT: The applicant hereby agrees to provide all information required or requested by the Planning Departnwnt, 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 reaponaible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit Applicant ’s Signature: Applicant ’s Signature: Date: 4 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: fI_________ Owner's Signature: vrv^ ^ Date: I OS”' Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are normally held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant and advise the City Planner assigned to your project Q1 P M JA. Page 1 of 3 HARDSHIP DOCUMENTATION FORM This form fs a raquirod submittal for ALL varianca applications. An application wHI not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statue Section 394.27, Subdivision 7 requires that a hardship be demonstrated in order for a variance to be granted. The hardship must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are nof considered valid hardships. In order for an application to be heard by the Planning Commission and City Council a hardship having merit must be demonstrated. HOW DO I PROVE A HARDSHIP? This form has 12 points outlining the basis City staff uses to determine if a hardship exists and how the variance will affect the surrounding community. To prove a hardship, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is Justified. The information the City receives is what is used in determining a denial or approval recommendation, if you leave something out it will not be considered. Please address each of these hardship criteria as they relate to the request (some may not apply): 1. The property in question cannot be put to a reasonable use if used under ‘ conditions allowed by the official controls.” 2. The pGght of the landowner is due to circumstances unique to his property not created by the landowner.” 3. ”The variance, if granted, will not alter the essential character of the locality. "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter.” f d 5. 6. 7. 8. Page 2 of3 ‘Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined In Minnesota Statutes, Section 1 16J.06, Subd. 2, when In harmony with this Chapter.” *The Board of Appeals and Adjustments or the Council may not permK as a variance any use that is not permitted under this Chapter for property in the zone where the affected person's land is located.” The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.” The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” 9.. The conditions do not apply generally to other land or structures in the district in which said land is located.” 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant” 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." ' • '"I ^ ’ ' V” . M m \ #■ I — Page 3 of3 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate derrwnstrabie hardship or difficulty.* Hardship Statement Should you feel the hardship cannot fully be described in the above criteria, describe the unique hardship, practical difficulty or unusual property conditions preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): TtCtr UfT pot&. -we tttAJiMuM. f)t/e- ixn iC/^T ' Uliv Bur fcacf 1 — H0V5i->utr«^ AHt> ^Uf£. if .-./I JL, CERTFICATE OF SURVEY FOR JAMIE ROSENLUND IN BLOCK 4, MOUNT HOME PARK HENNEPIN COUNTY, MINNESOTA ^ N 89^8’ 27" E L 0 T _fWOPOSCD aCVATOtt ! DOvn. . 2) Tip of founMon - 3) iCCAL OCTCWPIBM OF WKMgS ; Tht CoBt Kir ij> uto 1 lo • InduBlvOi SFsWfttWMl to •( la« M« in to amtar •( • pM an H 8#*3»' 11- E 64.71 am/tal to £Sl to~aitona to*. fi!* ?* toatoaa toea aMdi ------ill-------: inolfo 1900 m doiun. TM ^vey iH mhi Iho tanMn iwcritod ypytfa on# ||io propoi 0 propoMA taMM thvoon. N £miNm any othm of Iho obooo MT dim^^^pSrlS^ *to or a —h -E7P / i 94.42 i r \o m T \ \ ■r—i-au - I PROPOSEOs #MOt ROUST'S 17___M vK \ "C3?' 1 NniiAur^ I.HIGHVIEW 89*43'43" W 94.61 LANE Id mtONBKItCB AND AasaOIATKDt INO. OONSULTINa CMBINKCIIB. UUOO BUBVCYOlia. ___AND aiTt FLANNCaa ««HOaTNMLUMM -------------------- Sm 0-0-00 r: 'r Mi'j. V;'i GITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 9 8 8 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.24 SUBDIVISION SB FILE NO. 03-2892 WHEREAS, Daniel A. Bartus (hereinafter "the applicant") is the owner of the prop<^ located at 1001 Wildhurst Trail within the City of Orono (hereinafter the "City") and legally described as follows: The East Yt of Lots 1 to 8 inclusive, Block 4, Mount Home Park, Hennepin County, Minnesota; and That part of the southerly 220 feet of the West Vi of Lots 3, 4, 5, 6, 7, and 8 lying Northeasterly of the following described line: Commencing at a point in the center of the South line of Lot 8; thence to a point on the West line of Lot 3, said point measured 220 feet North from the South line of Block 4, in Mount Home Park; and That part of Vacated Grandview Place which lies easterly of the easterly line of Block 4, Mount Home Park, South of the easterly extension of the northerly line of Lot 1, said Block 4, Mount Home Park, and northerly of the easterly extension of the South line of Lot 8, said Block 4, Mount Home Park. (hereinafter the "property"); and WHEREAS, the applicant has made t^rplication to the City of Orono for a variance to Orono Municipal Zoning Code Section 10.24 Sul^vision 5B to allow construction of a new residence to replace a pre-existing residence on a lot 105' in width in the LR-IB Zoning District where a 140' minimum lot width is required. Minnesota: NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #03-2892. 2. The property is located in the LR-IB Lakeshore Residential Zoning District, which Page 1 of 5 . . < * \ .1 r \ I !• mm ill'.'jis'Sl GITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 Q g 3. 4. 5. requires minimum lot area of 1.0 acres and minimum lot width of 140'. The lot contains 0.86 acres in area, meeting the 80% rule of Section 10.03, Subd. 6(A)(1), for existing lots of record, but is only 105' in width at the rear of the front yard, not meeting the 80% rule noted above. The Planning Commission reviewed this application at a public hearing held on May 19, 2003 and recommended approval of the lot width variance based on the following findings; a)The property contained an existing residence structure and detached garage, which have been recently removed by the applicant in order to construct a new residence on the property. b) c) The property is provided with municipal sewer. The lot area of 0.86 acres is sufficient to allow reconstruction on the site, where a residence has previously existed for many years, without the need for further variances. d) There is no land available for acquisition by the applicant to bring the lot into conformity. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variance on the health, safety and welfare of the community. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessaiy to alleviate a demonstrable hardship or difficulty; is necewary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 5 if '' *J .1 Id ■ ■ I I CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. _49 8 3 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 Section 10.24 Subdivision 5B to allow construction of a new residence to repl^ a pre-existing residence on a 105' wide lot in the LR-1 B Zoning District where a 140* lot width is required, 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 nnfincnnihrmitvu/ifli ____? •____• ^not in confonnity with City codes will require further Planning Commission and City Council review. 2.Authorities granted by this resolution run with the property not with the applicant, but are penmssive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (May 27,2004). 3.Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of die zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The uridersigned 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. Aifopted by the Orono City Council on this 27th day of May, 2003. ATTEST: Linda S. Vee, City Ppperty Owner(s) Barbara A. Peterson, Mayor Page 3 of 5 ♦ i 1 E'^ i I- 6 [; m ^'! 1 I STATETJFTfiNNESOTA COUNTY OF HENNEPIN CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 9 8 3 The foregoing instniment was acknowledged before me on this day of .2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corpora^n and said instrument was executed on behalf of the City. STATE OF MINNESOTA COUNTY OF HENNEPIN KmiaANonsoN S JiCTiwr«*ic.iitesc.TA 8 %CeanaaRifiokwj|R.3(,^i97 «NotarV Public The foregoii^ instrument was acknowledged before me on this^^ day of fO^OLK/ 2003 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal coloration and said instrument was executed on behalf of the City. RACHEL 000G6 ^ • ' wTwtYPUBUc-iaeeroTa f O COL Notary Public . : •V.B. :Page 4 of5 f-uV^GITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 9^ 3 STATE OF MINNESOTA COUNTY OF HENNEPIN On this ;?<y day of personally appeared before me, who is personally known to me 2003, _ Xhi.nit( f). whose identity I proved on the basis of • kAM "D i ____whose identity I proved on the oath/affirmalion of____ a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the stale as his/her/their free act and deed. mm i'' ^ i DENISE M.U NOMtVMUC-MMNHOTA Notary Public Page 5 ofS i I I CERTFICATE OF SURVEY FOR NANCY FERRELL IN BLOCK 4^ MOUNT HOME PARK HENNEPIN COUNTY, MNNESOTA i T iicAL memitm or pmma lti«| •! the UiMmlf HO fMl •! Hit •f uw wmi 1/1 uu 4. a. 1.7. a lyhf HmrnmMf •! Uit raMn| t Ciimneim b Ito MaUr «I# IW Im# •# i«i Or ikMM to • pM « Vkt «PmI Im •! UI ^ mM paM imMurtO no fMl liiria ftom lha Smdh faa •! ttMh 4k In IlMii Hm Ml •ji Uwl pvt or VoMloa OrviMtv Mo oNch Iti oootorlp o# Om ooolarty Im oI MmIi 4» UmA Hhho Ml SomOi oI Iho Lot 1, ioM SMli 4« Mowil HMit Ml mi nvUiorV ol Um ooolortr it—Ion of Hit South iio of Ut Ik adS Bbch 4, Mount HmM POffL o t Thh ouruoy Mondo to Mioo Uio bounMoi of Uii Ohovo dMoriOod propvly, Um locoOon of m 9tMn% ■f ■ propooiO toMM Ihvoon S to Mioo ow oltor twroaioiiU v oophwIiMi, HianviEw LANE GKOilBSRG t ASSOCUTB; nC I ta rn cunrr uwt im hm, vorcAi IMf I « A aiT UM MMIM W UK V M UHC « I m won •PU V UOUM rnn M Principal Dwelling Demolition Permit ZONING DISCLOSURE & DECLARATION & To the property owner: Demolition of the principal dwelling structure on a property may automatically terminate certain rights which may have accrued to the property by virtue of the continued existence of that building. ^Rebuilding on a substandard lot of record (i.e. a lot that does not meet the zom'ng district required lot area or width standards) will, with few exceptions, require variance approval by the City Council, and such approval is not automatic nor guaranteed but requires that a hardship be demonstrated. ►Additionally, all current zoning standards will have to be met by the new principal dwelling including setbacks, lot coverage by structures, hardcover (impervious surface), height limits, etc. ►Where municipal sewer is not available, provision of two (2) sites for a conforming on-site sewage treatment system is mandatory. ►Unless specifically approved by the City, all accessory structures must be removed at the time of principal dwelling demolition. The following information is presented for the purposes of advising the property owner of the implications of removal of the principal dwelling on the property: 1. Property Address lOOl PINS# 2. Zoning DistrietZ^- / R Required Lot Area hO A-t*.Required Lot Width )HO * Actual Lot WidthActual Lot Area Ac. Actual Lot Width !0S _____________________Lot area variance is not^equired. Lot width variamn isj Is not required. 3. Required Setbacks: Front (Street) Rear («feaha) Side fO Side Street Average Lakeshore Setback: must be metals not applicable. 4. Lot Coverage by Structure^^^Tirnited tolS%^lot aret^does not apply Hot area > 2 aerps’t ............................ ..................................................................................... ^ ........................ ■■ I. —. I I II 1. Hardcover limitatiqns^are apolicabl^ are not applicable. 0-75'zone* 0% allowed 75-250* zone - 25% allowed 250-500' zone * 30% allowed 500-1000' zone = 35% allowed 6. ^ Municipal sewer is available. Municipal sewer is not available; on-site system testing and design must be provided confirming that two conforming drainfield sites are available. *^e undersigned property o\^er hereby acknowledges receipt of the above information. L/i rty Owner s Signatu Staff Initials D4te • M • • • HARDCOVER CALCULATION WORKSHEET MouaiJ SETBACK ZONE: (CIRCLE ONE) EXISI INC HAJU)COVER IN ZONE A. House ____________ Length B. Gmge C. Drivewgy D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plulic Or Fabric 0. Other 0-75' X X X X 250-500'500-1000' X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ® PROPOSED HARDCOVER TN ZONK A. House M Length 16 B*. Oarage C. Driveway D. Sidewalk E. Palio/Deck F. Landscape ' Underlain By Plastic Or Fabric G. Other X X X X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _ _ __ _ _ _+ B F Width xlOO Width i*.r .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 % m 7220 s.F.-Hfto$e “LOO Q tj sCii?^(Viro o.r.* »S.F. •r7i S.F. —ENarr Pi>acu SJe. 11 AO-S.F. -ORlvdV/AY Mi S.F. m 2I»5 S.F.-5ioEttMu^ -S.F. IB 350 S.F.-Pa7»o -S.F. ‘ *S.F. S.F. •S.F. • SJP. 55^8 S.F. A Z9. 0VT S.F. B XlOO -19.2?% Q 1 If 2 'iCkenc# 1 ■ .• h • HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75* 75-250* tfSoloOi EXISTING HARDCOVER IN ZONE A. House X Length X X X 5. Garage C. Driveway X X D. Sidewalk X X E. Patio/Deck X X F. Landscape Underlain By Plastic Or Fabric X X X O. Other TOTAL HARDCOVER IN ZONE f TOTAL PROPERTY AREA IN ZONE A____________B PROPOSED HARDCOVER TW ZONK A. House Lenjih X X X B. Oenge C. Drivewiy X X D. Sidewalk X X E. PalioyDeck X X F. Lancbcape ‘ Underlain By Plulk Or Fabric X X X O. Other TOTAL HAftDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE + B Width xlOO WMlb 9 SOO-1000* S.F. xioo - A S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. A S.F. B % S.F. S.F. S.F. S.F. S.F. •*«) 5-r. Wf»»£0 S.F.Dietv£uA<4 r$ S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. __S.F. _____S.F. I1.it_______% A B .L .1.^ '' '* V **V. ^HOMEPAm( (32) Hennepin County Taxpayer Services Department 9 LAFAYETTE iltui \s "3 9't si U16) 9 mi AVE T\ L--/ i^47Tl 9 t 9 9 9\ » ■v\» EffRjil t___ 07 n? »^t j 1 § (3)% 1 100 386 2 EAST 2682 ?/8M mm—---------- J' MUt - 07-il7*7»-}4 I » § V 33676 flf \w (31)t\ \ ant A > A: ' ■■ 11734 WIUHURSX ESTATES A I flffl sror?nv «tL1U004 S8r4nrE i \ircol Infonna^on Q b 'gJ ID 0711723210013 Houm Numbw 1001 Stf^ Nam# WILOHURST TR TNs 1$ not • hgaty nconhd map. UnpnoontoacomfiUationoflnfonnaOon and data ttomCMy, County, and Stata mad authorttias and olhar aourcas. C. & ■ V ‘■nif,'^.^4iu//, »' ■ ; ■• * V . t » I' • •. j;' RUNDATBtVIMflOS 31 0711723210004 MOTAODR 997 WILDHURSTTR OWNERNAMe CE BOEHM AM AC BOEHM TAXPAYER CHARLES A MARY ANN NAME/ADDR 997 WILOHURmHAlL MOUNDMN SS304 31 0711723210007 PROPAOOR 31 ADDRESS UNASSIONED OWNERNAME HARRIETJMOROART TAXPAYER HARRBT JMOROART NAME/ADM 1003 WILDHURSTTR MOUNDMN 993M 3S 07II72324004S PROPAOOR 1006 WROHURSTTR OWNERNAME CRAIOSCHERBER TAXPAYER CRAMSCHERBER NAME/ADDR 1006 WBDHURST TR MOUNDMN SS364 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST PAGE; I 38 0711723210009 PROPAOOR 999 WILDHURSTTR OWNERNAME M WANCNMERFROH TAXPAYER MARTIN W A NAN CNIMERPROH NAME/AODR 999 WILOHURSTTR MOUNDMN 59364 38 07II7232I00I3 PROPAOOR 1001 WILOHURSTTR OWNERNAME DAHAAR HOMES LTD TA3CPAYER DAN-BAR HOMES LTD NAME/AODR I90LAKBSTWEST WAYZATAMN 99391 38 0711723210006 PROPAOOR 38 ADDRESS UNASSIONED OWNERNAME HARRIETJMORGART TAXPAYER HARRIET JMOROART NAME/ADDR 1003 WILOHURSTTR MOUNDMN 99364 38 0711723210016 PROPAOOR 1003 WILOHURSTTR OWNERNAME HARRIET J MOROART TAXPAYER HARRIET JMOROART NAME/AODR 1003 WROHURST TR MOUNDMN 55364 38 0711723240046 PROPAOOR 1074 WILOHURSTTR OWNERNAME ILONA J PETERSON TAXPAYER KENNETH C PETERSON NAME/AODR 1074 WILOHURST TR MOUNDMN 99364 ICERTDYTHATTHEFACTSREPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFCMIMAHON AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY TAXPAYER SERVICB DEPARTMOilTr^ THE B1 OF MY KNOWLEDGE AND BEUEF. 5 j j,J^ JJ J • * '-•v :ki mr .>* ■“ \j •« ■.,'. . . ,v4' ;4 t^« V • % !t -1- mmk2 f, ■ - ^‘*' f* * • i ^ i .■ r. » m .V ■, i l""' - I. ^1 Dale Appllcatioa Received: 0S-II-4S Dale ApjrikallaaCeBridcredaf Coaipletc: 06-0M5 6d>Day Review Period Eipirct: REQUEST FOR COUNCIL ACTION JUL 1 ' 2005 CITY OF ORONO Date: July 5,2005 Item No. \ I Departmeat Approval: Naiac: Melanie Cuttis UyL/ TMc: City Planner ^ Administrator Approval:Agenda Section: Item Description: #05-3123 - Mike ft Kristin Hart - 1005 Linden Ln - Variances - Resolution Zoning District: Lot Area: Lot Width: LR-IB, One Family Lakeshore Residential District, l-acre/140* 0.32 acre (14,017 s.f.) 64’ @ shoreline ft 67’ @ 75’ setback List of Exhibits: A. Resolution per Planning Commission recommendation B. Revised Plans C. PC Action Notice dated 06-22-05 D. PC Memo ft Exhibits of06-07-05 Application Snmmary: The following is the applicants’ initial request in order to construct an addition to their existing home: 1 . Hardcover variances for: a. 16% hardcover within the 0-75 ’ zone where 0% is normally allowed and 17% currently exists; and b. 43.5% hardcover within the 75’-250 ’ zone where 25% is normally allowed and 54.6% currently exists; and c. 45% hardcover within the 250 ’-500 ’ zone where 30% is normally allowed and 57% currently exists. 2. Lake and average lakeshore setback variances for portions of the second story addition; and 3. Side setback variance for a 2"^ story addition 9.4 ’ from the side lot line where a 10 ’ setback is required. Based on the Planning Commission recommendation, the applicants have removed the three setback variances fixun their request. The applicants continue to request the hardcover variances listed above. The applicants have provided a revised home plan consistent with the Planning Commission recommendation. PfauMfaig CooiMiuion Recommendation On June 20, 2005, Planning Commission voted 5 - 1 to recommend approval of the hardcover variances' in order to construct the garage addition and second story, however the Planning Commission recommended denial of the lake, average lakeshore and side setback variances. *The dissenting Commissioner felt that the Commission should review the revised plans prior to aj^nvval of the hardcover variances. Planning Staff Recommendation Approval of the variances per the attached Resolution. COUNCIL ACTION REQUESTED Adopt or amend the attached Resolution. (Note: Pursuant to the City Engineer ’s recommendation Staff and the applicants are reviewing whether an easement exists for the sewer line located lakeward of the home. Preliminary indications are that such an easement may exist - Staff will continue to follow up on this.) ' •— .■ V- , -=;r- ■ " i- A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-1288 nLE NO. 05-3123 WHEREAS, Michael G. Hart and Kristin J. Hart, husband and wife (hereinafter “the applicants ”) are the owners of the property located at lOOS Linden Lane within the City of Orono (hereinafter the “City”) and legally described as follows: Lot 1, Linden Beach, and part of North 16 feet of Lot 14, and part of adjacent vacated Linden Lane, Linden Beach, Hennepin County, Miimesota (hereinafter the “property ”); and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal ^ning Code Section 78-1288 to allow 16% hardcover within the 0-75’ zone where 0% is normally allowed and 17% currently exists; and 43.5% hardcover within the 75'-250* zone where 25% is normally allowed and 54.6% currently exists; and 45% hardcover within the 250’-500’ zone where 30% is normally allowed and 57% currently exists. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. 2. This application was reviewed as Zoning File 05-3123. The property is located in the LR - IB One Family Lakeshore Residential Zoning District which requires a minimum lot area of I.O acre and a minimum lot width of 140’. 3.The Planning Commission reviewed this application at a public hearing held on June 20, 2005 and recommended approval of variances based on the following findings: a. The applicants ’ property has 14,017 s.f. or 0.32 acre in area and 64* width at the shoreline and 67 ’ at the 75’ setback. Page 1 of 5 I !.4. 5. b. No additional land is available for acquisition by the applicants to make the |m>perty conforming in area or width. c. The applicants are proposing to construct an attached garage and 2*^ story addition; no additional living space is proposed within the existing substandard setbacks. d. There is no available land to purchase to make the existing side yard, lake yard, and average lakeshore setbacks or hardcover levels conforming. e. The applicants ’ are proposing to remove portions of nonconforming hardcover within each zone in conjunction with this project. 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 2^ning Code Section 78-1288 to allow 16% hardcover within the 0-7S ’ zone where 0% is normally allowed and 17% currently exists; and 43.5% hardcover within the 7S ’-2S0’ zone where 25% is normally allowed and 54.6% currently exists; and 45% hardcover within the 250’-500 ’ zone where 30% is normally allowed and 57% currently exists in conjunction with construction of an attached garage and 2"** story over the existing home, subject to the following conditions: Page 2 of 5 , ; > I -n.-.-. - J.%•. - i - ..iSI • 4* * . - &^1 f 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 790 s.f. or 16%. Hardcover in the 75-250 ’ zone shall be limited to 2,991 s.f. or 43.5%, and hardcover in the 250’-500’ zone shall be limited to 1,050 s.f or 45% 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. 3. Applicants shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. 4. Required removals of structure and hardcover shall be completed by the footing inspection for the attached garage. 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 (July 11,2006). 6. Violation of or non-compliaitce 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 a^ree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 11"* day of July, 2005. -i v-t- m..... .abJ Page 3 of 5 il 1 t 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 j 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of 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 S VV - • ' '. i ‘‘ ■'''■"CiV^ -^*1 :'"5 ‘ri. • i. ' '•■•■ ■<•■ •■ V,- -tt . if’ • J •; S ^ ■ • -i '.CXE ■^m * 5J STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this__day of by Michael O. Hart, husband of Kristin J. Hart. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN Tliis instrument was acknowledged before me this__day of by Kristin J. Hart, wife of Michael G. Hart. Notary Public Page S of5 ., 2005 3 2005 m ■ s ■m I “■;'V„' V y T'.. ^ As h r;.: , C xWMTA EXISTING 0-75 4825Sr/0.11 AC X OX HOUSE - 432 SF DECK ■ 358 RWALLS - 35 SF LSF - 150 SF TOTAL - 975 SF (20.0X) - PROPOSED-------------- HARDCOVER 75-250 6877 SF / 15.8 AC X 25% - 1720 SF HOUSE - 495 SF DRIVE - 2700 GRVL - 320 SF SHED - 120 SF WALKS - 120 SF LSF - 265 SF total » 4020 SF(58.5X) 250+ 2315SF/0.5 AC X 30X- 772 SF DRIVE - 1322 SF (TO EDGE ROAD) TOTAL - 1322 SF (57.0X) N 08*13’W -'s 16.17^- ' REMOVE g ~ 511 5- / total - 2991 SF(-185 SF) -'^50 (45X) v/\ -2-»2 (-1029 SF) TOTAL (- 1486) SF HC TOTAL HOUSE - 1680 12.0X TOTAL LOT 4 ~ ■ TR SAN H(W ELEV - 937.6 (ASSUMED) SCALE IN FEET - EXBTrJG SPOT ELEVATION. X(9SB.O) - PROPOSED SPOT ELEVATON - ORECTION SURFACE ORANAGE Q 8 sDESCRIPTION; LOT 1. LWOEN BEACH. AND PT OF NORTH 16 FEET OF lot 14, AND PART OF ADu VACATED LINDEN LANE. LWOEN BEACH HENNEPIN COLWTY. MN. ADDRESS ■ 1005 LINDEN LANE. ORONO PO - 07-117-23-13-0092 LOT AREA - 14000 SF/ 0.32 AC SURVEY IS SUBJECT TO CHANGE PER EASEMENT OR TITLE INFORMATION :<4i sd>>Z «NI rvg- s Lf i\ 8 ii s "M •n 2i V4"m f . ~T L,7 1 11 «3 I^1r • -V ^SiiL.iMuafii CITYOFORONO 2750 Kelley Parkway POB0X66 Ciyatal Bay, MN SS323 9S2J49.4600 ZONING FILE 05-3123 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: June 22,2005 TO: Mike A Kristin Hart 11344 Rosemill Lane Champlin, MN SS3I6 COPIES: TYPE OF REQUEST: Varfamccs;qui DATE OF MEETING: Jane 20,2005 Plaaaiag Conaiissian reconneaded as follaws: Approval of hardcover variances for all zones in accordance with the proposed plans, but recommended denial of average lakeshore, lake, and side setback variances for the 2 ”* story addition. VOTE: 5 FOR 1 AGAINST *The dissenting Commissionerfelt that the Commission should review the revised plans. Applicant's next scheduled meeting is confirmed as: CHy Coaacll - Jaly II** - Meetiag starts at 7:00 pm If you desire certified copies of the official Plaiuiing Commission minutes, they are available fiom the City Recorder after review and approval by the Planning Commission. If you have questions, please call City Planner, Melanie Curtis at 952.249.4627. 7 ■V ' j-, ■^7 1 1: FILE #05-3123 7 Jun« 2005 Page 1 of 5 Dale Application Received: 05-15-05 Date AppHcatton Coniidcrcd u Compklc: 0d-06-0S 60-Diy Review Period Eipircs: tS4i6-0S To;Chair Rahn and Planning Commission Members Ron Moorse, City Administrator From: Date: Melanie Curtis, City Planner ji^ ^ June 7,2005 Sabjcct: 05-3123, Mike & Kristin Hart, 1005 Linden Lane, • Hardcover, Average Lakeshore Setback and Side & Lake Setback Variances • Public Hearing Zoning District: Lot Area: Lot Width: LR-IB, One Family Lakeshore Residential District, l-acrc/140* 0.32 acre (14,017 s.f.) 64* @ shoreline & 67 ’ @ 75’ setback AppUcation Summary: The applicants are requesting the following variances in order to construct an addition to their existing home: 1. Hardcover variances for the following: a. 16% hardcover within the 0-75’ zone where 0% is normally allowed and 17% currently exists; and b. 43.5% hardcover within the 75’-250’ zone where 25% is normally allowed and 54.6% currently exists; and c. 45% hardcover within the 250’-500’ zone where 30% is normally allowed and 57% currently exists. 2. Lake and average lakeshore setback variances for portions of the second story addition; and 3. Side setback variance for a 2*"* story addition 9.4 ’ from the side lot line where a 10’ setback is required._______________________________________________ Staff RecommemtaHon: Planning Staff recommends approval of some level of hardcover variances in order to construct a 2”^ story and a reduced size garage addition, however recommends denial of the setback variances in order for portions of the 2"” story to encroach into the lake, side and average lakeshore setback areas.________________ Pertinent Zoning Ordinance Sections Sec. 7S-330. Area, heiglit, lot wkltli aad yard rcqnircmcnts. (a) Height. No structure or building in an LR-IB district shall exceed 2 1/2 stories or 30 feet in height except as provided in section 78-1366. Lot Area (acre) Lot Width (feet) Front Yard (feet) Side Yard Adjacent to Another Lot (feet) Rear Yard (feet) Side Yard Adjacent to Street (feet) 1 140 35 10 30 35 FILE #05-3123 7 June 2005 Page 2 of 5 Sec. 78>1279. Placcneit of itractnrtt on lots. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Structures shall be located as follows; (I) Struchire and onsite sewerage system setbacks Oft feet) from ordinary high water level: General Development Lakes (GC) •* 75 ’ (6) Average lakeshore setback No principal or accessory structure shall be located closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots; except that this does not apply to stairways, lifts, landings and lockboxes. Further, the average lakeshore setback shall apply only to classifted lakes and shall not apply to tributaries. The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. Sec. 78>I28S. Hard cover linitatkMM. (a) No hard cover or impervious surface shall be placed, located or constructed within 75 feet of the ordinary high water level of any lake or tributary, except for stairways, lifts, landings and lockboxes as regulated elsewhere in this Code. (b) Between 75 feet and 250 feet of the OHWL, there shall be no greater than 25 percent hard cover. Between 250 feet and 500 feet of the OHWL there shall be no greater than 30 percent hardcover. Between 500 feet and 1.000 feet of the OHWL there shall be no greater than 35 percent hardcover. LiatofExhIbUa A. ^>plication B. Hardship Documentation Form C. Proposed Survey/Site Plan D. Proposed Plans and Elevations B. Submitted Hardcover Calculations F. Engineer Comments (2 letters) G. Aerial Photo H. Enlarged Setback Encroachment Area I. Letter From Neighbor J. Property Owners List K. PlatMi^ Bnckgromd The applicants are requesting hardcover variances in order to construct a 7SS s.f. garage addition to their existiitg home; as the property exceeds allowed hardcover levels in all three of its setback zones variances are required. The applicants initially met with staff regarding a plan for an addition diat exceeded structural coverage limits and showed little reduction in hardcover levels. Prior to submitting their application and plans the applicants attended Planning Commission and Council meetings in order to further educate themselves on the variance process. The result was the submission of a revised plan showing a reduction in hardcover and a proposed addition which fell below the 15% structural coverage limit for their property. Additionally, a portion of the proposed 2"^ story addition encroaches into the lake, average lakeshore and south side setback areas. ,><i FILE i05<3123 7 June 2005 Page 3 of 5 LOT ANALYSIS WORSHEET Lot Ar<a/Width: LR-IB Lot Area Lot WMlh Required_________________43.560s.f. (I.Oacrc)140’ Actual 14,017 s.f. (0.32 acre) 64’@ shore 67’ ® 75’ setback Stbackt; LR-IB Extotiai Proposed Rear KTilHillH North Side 10’10.8* existing house No Change (New addition 20’) South Side 10’9.4’ existing house Addition 10’ 2"* Story Addition 9.4’ Lakeshore 75’Existing deck is 44’ from the OHWL 2"^ Story Addition 67’ Average Lakeshore Current home is 31 ’ lakeward of the average lake setback 2"* Story Addition 5’- into the average lakeshore setback Stnicf ml Coverage; Total Lot Area Total Stnictaral Coveraac 14,017 s.f. (0.32 acre)Allowed: 2,102.5 s.f. (15%) Proposed: 2.040 s.f. (14.5%) Hordcover Cokohitioai; Hardcover Zone Total Area la Zone Allowed Hardcover Existing Hardcover Proposed Hardcover Total 75»-250’ Hardcover (Inclndiag ndneonformiag HQ 0-75 4,825 s.f.Os.f (0%) 825 s.f.* (17%) 790 s.f. (16%) , Existing ■ \ t. 4,580 s.f. or V 66.5% : ■■■ 75 - 250 6,877 s.f.1,719 s.f. (25%) 3,755 s.f.* (54.6%) 2,991 s.f. (43.5%) Proposed ’» ‘ ^ \ ■ ■ 3,781 s.f.or • r-' 55% ■ ^ ■250 - 500 2,315 s.f.694.5 s.f. (30%) 1,322 s.f.* (57%) 1,050 s.f. (45%)____ ♦ After exc usion of fabric or plastic-lined landscape beds Hardcover Varlaoce ................. . The applicants are proposing to construct a garage addition with 2 story as well as 2 story addition over a portion of the existing home. As part of this request the applicants have proposed hardcover reductions as the property is currently over in hardcover in each of its three hardcover J "it FILE #05-3123 7 June 2005 Page 4 of 5 zones. The lot has a long and narrow area containing a driveway to Linden Lane. For access purposes, all of the 250’-500 ’ zone is long and only 12’ wide most of which is paved driveway and half of the depth of the 75 ’-250’ zone is also 12’ wide and comprised of paved driveway. The applicants arc proposing to remove portions of the driveway, making it narrower, to reduce the hardcover levels within these two zones. The applicants have proposed reductions in each of the three hardcover zones as part of their request. Lake * Average Lnkeshore Setback Variances The existing home encroaches into the lake and average lakcshore setback areas. The applicants are proposing a 5 ’ encroachment into the average lake setback and a 11’ encroachment into the lake setback with a portion of the proposed 2"^ story addition. The total portion of the 2 story addition which encroaches into the lake setback is an 88 s.f. triangle shown in an enlarged view on Exhibit H. SMC Setback Variance .... n,. The existing home is set back 9.4 ’ from the side property line on the southeast comer, i he applicants would like to be allowed to construct their 2"*' story addition over the existing home. A side setback variance is required to do so. Appficaitt Ss the Hardship Documentation Form attached as Exhibit B, and should be asked fdr additional testimony regarding the application. /« c#M/JrtNf mttcartotu for vortonet, tho PIOHnftig Commiulon shat! consider the effect vorkmce taoit the heolth, safety and welfare of the community, exMng and anticipated traffic conditions, light and air, danger of fire, risk to the paUlc safety, and the effect on values pfproperty In the surrounding area. The Planning Commlsalon shall consider reeommemUng approval for variances from the literal provMons of the loning Code In Inatanca where their strict eitfdrcement would cause undue hara^hlp because of circurmtances nnlaue la the IndMdnal property under consideration, and shall recommend approval only when it Is demonstrated that such actions will be In keeping with the spirit and Intent of the Orono Zoning Code. Upon meeting with the applicants at the pre-application stage staff advised the applicants that their current proposal was exceeding structural coverage limits, and warranted additional hardcover removals. Staff feels that the applicants have redesigned and presented a propose more in keeping with the spirit of the City Code regarding structural coverage. However, Staff finds that due to the existing level of hardcover on the site, even with the proposed removals, the size of the addition as proposed may not be appropriate. Additionally, with respect to the lake, average lakeshore and side setback variances, the 2"^ story over the existing home could be redesigned slightly to accommodate the required setbacks. Issues for CoasMcratioii 1 The applicant has proposed a 20’ utility and access easement at the direction of the City Engineer.... Does the Planning Commission find that this is an appropriate request of the City? 2. Will the 2*^ story additions into the lake, average lake and side setback areas have a ■! FILEM5-3123 7 Jmw 200S PtgaSofS Structuralnegative affect on the light, air and open space in the immediate nei^lwrho^? 3. Should existing nonconforming non-stnictural hardcover be traded tor 4. WilTUmimighbor to the south be negatively affected by the portions of the home to be located within the average lakeshore, lake and side setback areas? 5. The Planning Commission should review the neighboring property ®. the neighbor’s views may be affected by the proposed addition, the neighbor is not on a lakeshore lot with protected lake views by our City Codes. 6. Does the Planning Commission feel that the long, narrow piece of land used to access this property serves as justification for hardcover varianew?^ 7. Are there any other isr..'cs or concerns with this application? Planning Staff recommends approval of some level of hardcover 2- stoij and a reduced size garage addition. Staff also ^ “emgt variance in order for portions of the 2^ story to encroach into the lake, side and averag lakeshore setback areas. LV .M- mc-mm •: i; 11^ "V..V «...=tpH“ City of Orono Variance Application Pi L 1. I /?' O ./•i S(r«0f Addnss: 2750 Kelley Parkway Orono, MN 55356 AppScaliuii U Dale Received Amounl Paid Main: 052-249-4600 fax: 052-240-4616 Matting Address: P.O. Box 66 Cryslal Bay, MN 55323-0066 Staff: iA£i£hro Fee: $600 Renev/al: $300 After-lhe-facl: $1.200 DoiiLle Fee Tills appHcaOon torm musi be compteled In ful. Applicant wSI be notified within 15 days as to the status of Uie aiifiicaiion. Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: Site Address: 1005 Linden lane Property IdenUficatlon Number (PIN): 07-ii7-23-i3-0092________ (Attach legal descriplion to application if not included on the survey.) m______a.. Afi-AO PI Vao I rklAin IH a ;bate Property Acquired (month/year): 06-02 □ Yes. I own the adjacent parcels. Present use of property: 00 Residential □ Other________________________ Zoning Oisirict: Residential Single Family Lakeshore APPLICANT INFORMATION: (Complete legal names and marital slalus required for each interesied parly) Michael G. & Kristin J. Hart (Married) Phone fhomet: 763-427-6332 ..........Phone (vrork): 783-502-1400 Address: 11344 RosemiH Lane City: Chamoiin.MN Zip: 55316 F mnil: mlkehartOamericanma8onry.net Fax: 763-502-1300 OWNER INFORMATION: (CompMe legal names and marital status required for each Inleresled party) Nramo* Michael G. & Kristin J. Hart (Married) Phono (home): 763-427-8332 Phone (work): 763-502-14(X) Address: 11344 Rosemill Lane City: Champlin. MN Zip: 55316 Email; mikshartOamerioanmasonry.net Fax: 763-502-1300 DESCRIPTION OF REQUEST: Estimated Project Cost: $ 475,eoe. Describe the request In detail (attach addHIonal sheets if necessary): are aeckinsa yarfamcc to the hardcover aad setback from the lakeoa oar property. m___________------------------«- mA* *lu. laSa iah*M !• a U a WmI. Wc hOVC Ieiistiae stractve is 54* from the lake where 75* is allowed. We have removed sodw stractaral hard cover aad ai hard cover iathfaaoae for a redactor 4% hithe hard cover. There Is ao other hard cover redacthm available withoat totractiag the carreathoase.TheaaiqaeshapeofthehRaadtheposltteaoftheeAti^hoase^ It mmhie to coaform to the aoa stractaral hard cover. The proposed addaioa aad garage woaU cooiply with the total idlowable stractaral hard cover. We have r^«fcd terd wv« iaaoae2by |l%aodiooe3by 14.5%. Aayaaneeded hard cover was eBarfaated la all 31 I / i k b 9 C. 1 >; 4K>: q . •' /* •> i L 1 f ,t.. REQUIRED SUBMITTALS: All of the following Information must be submitted by the application deadline date in order for your application to be processed. Pre-Appllcatlon Meeting Form, completed by a City Planner. 'jSt 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 O** Street, Minneapolis, teiephone 612-348-5910 ySi 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. yBr" Completed hardcover calculation worksheets (as provided within the variance packet). ^ Topographic survey - including existing and proposed eievations. Provide one copy 8.5” x 11" ___^ or 11 ” X 17 ” for reproduction. Sketches or plans of floor and elevation views (provide one copy 8.5” x 11 ” or 11 ” x 17 ”). □ Additional items may be requested by City Staff depending on the scope of the project. * APPLICANT’S ACKNOWLEDGEMENT: The applicant hereby agrees to provide all information required or requested by the Planning Department, agrees to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses Incurred in review of this application and certifies that the information supplied is true end correct to the best of his/her knowledge. The applicant repognizes that he/she is solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject It until it is complete or to recommend the request for denial of the request regardless of its potential merit. Date: Date: 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 verificatiotvpf this request. Owner's Signature: Owner's Signature: Date: Dete: S'/~(-C5S Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are normally held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicani is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend In place of the applicant and advise the City Planner assigned to your project. I / 1C # vr-7. H Vi) *•/ JMyeei U • . r'’ “IP DATA PRIVACY ADVISORY In acoordanca with M.S. 13.04, Subd. 2, ‘Rights of subjects of data", we would like to Inform you that your raquest for a permit or Hcensa from the City of Orono or any of its departments may require you to furnish certain private or confidential Information. You are noUflad that: 1. The Information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal ipay require that the City deny the permit or license. 3. The Information may be shared with other local, slate or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under M.S. 13.04 (see followlr> e) to review private data on yourself. 6. Your fun name Is required to process this application or permit.; Mtehaol G. Hart KrfalinJ. Hwt First 1005 Lindan lane Middle Last Address Orono MN 55364 763-502-1400 City I underslarKf my rights as stated above Slate Phone Signature 'il-i II •A oo “='V,3i 4 \ t I • • ■■ Page I of3 HARDSHIP DOCUMENTATION FORM This form Is a raquirad submittal for ALL varianca applications. An application will not b« uonshtorad oonipiete or placed on any meeUng agendas i Mil iNs form is complete end submitted to Ihe Cily. Minnesota Stale Statue Section 394.27, Subdivision 7 requires that a hardsiiip be demonstrated In order for a varianca to be granted. The hardship must be unique to Ihe property as variances run witli the land and not Ihe land owner. Personal and economic sMuaffona an not considered valid hardsNpa. in order for an application to be heard by the Planning Commtsslon and City Council a hardship having meril must be demonstrated. HOW DO I PROVE A HARDSHIP? This form has 12 points outlining the basis City staff uses to determine If a hardsliip and how the variance will affect Ihe surroundirtg community. To prove a hardshipi address all the relevant points Hated below and answer them as clearly as possible. Since you are requesting the coda 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 sometNng out it wlH not be considered. Please address each of these hardship criteria as they relate to Ihe request (some may not apply): 1."The properly In question cannot be pul to a reasonable use If used under co^tkms allowed by Ihe official controls.*Tbf acCT!ts»"U«* Ihe noaition of the existing twme do ivM allow for a reasogaUeMu^ that does not exceed the hard cover limits which is a hanhhip to us The pHght of the landowner is due to circumstances unique to Ids property not created by the landowner.” This orooeitv was MBvioiiilv subdivided (EST 1950%) into it’s emrent coofiguiation. The ^Innoi^ied flag fjffpe with the loBs driveway sandwiched between 2 lots is unique to thie pmoeitv and is a hardship to this property 3.The variance, if granted, wiU not alter the essential character of Itie IpcaHly..*. If aianted this variance would reduce existing hard cover and enhance the adjoining propeitica. *Economio oonsktoralions alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter.” Tim p*Tnir** alternative tocomplete removal of the existina home and total rebuildina even thouah it is more costly,------------------------- i I I 1 i 6. 8. Pa|{e2ori 5. Undiw hardship also Includes, tnit Is not limlled to, inadequate access to direct sunighi for solar energy systems. Variances shall be granted for earth sheltered construction as dellned in Minnssola Statutes. Section 116J.06, Subd. 2, when in harmony wfllh Ihb Chapter.' Nq| lyplicg Mg _________ — ■ —— The Board of Appeals and Adjustments or the Council may not permll as a variance any use that is not penniltsd under tMs Chapter for property in the zone where the affected person’s land Is locaied." Tliw lyttiniM* to he MBwt q ^futlc faiwilv residence as it is /oncd 7. The Board or Council may permit as a variance Uie lemporary use of a 'ly residence as it is zoned The special conditions applying to the slrudura or land in question are pecultor to such properly or Immedfotely adjoining prope^.' Tha Inf wMifi|iiniiifni and the nlscement of the existing home imiqiia In ihiii rite and it's adjoinins properties._________________________ 9. The conditions do not apply generaily to other land or structwes in the distnci in which said iand is located.* The coaditioiis do not apply ID any other properties_______________________ The granting of the application Is necessary for Ihe preservation arvd enjoyment of a substantial propel right of Ihe applicant' thi. «miiwiiin.t will reduce hard cover and provide a reasoosble______ mm hnnie In pranerve ihia mooertv for our enjoyment 11 . The granting of the proposed variance wW not in any way Impair health, safely, comfort, morals, or In any other respect be contrary to Ihe intent of Ihe Zoning Corto." The pfopoaed variance does not change any current zoning uses.__________ vy } I ? vy .t » JL, ^ti Pag»3 ol'3 12. The grenling of such vartanoe w4ll not merely serve as a convanienca to the applicant. tMit Is necessary to allavlota demonstrable hardshb or difficulty.* The configuration of this property with the existing home do not allow _____________ fof a leasable nm structure which poses a hatdsliip to u«. Hardahip Statsmant Should you feel the hardship canrwt fully be described In Ihe above criteria, describe the unkpis hard^, pracfcal difflculty or unusual property condMons preventing compliance with Zoning Ordinanoa raquiraments in the following lines (attach additional sheets if .... . .We are mltiMavariance to Ihe hard cover and setback fi^ the lake ______________ The existing structure is 54* from the lake where 75* is allowed. We have removed stmctutal hard cover and all non gtruciuraJ hard cover in this zone for a rwhrptk*ft cf* 4ft in the hard cover. There is no other hard cover reduction avaiIfNe without destnictins the current house. The untgue shape of flie lot and the positkin of the existina house make it unable to conlocni to the non stru^ral hard cover. The proposed addition and garage would comply with the total allowable stnictuial hard cover. We have reduced hard cover in »fn> ■> hy nib and zone 3 by 14.5%. Any unneeded hard cover was eliminated in all 3 zones. 4P If'iiii ^ Is • I ^ . *1 •••. ••/’■re \ ^; • • ■ •. 1 .'mmM •;>; -J. tl i Ti « ^ %f4 Ov^ c % . ^ ^ ^ / -------------- / Co ^ ^ ic .%vVP 4. ,cP>/ / / aJ ^ Co m / 7 / H k r > ■^op,«*•• ' .fe'^nO '“it*:: %-' / / / ^ sXAT "W A- 07- “b*'^nOr A f/ f^qoo FEW^ V" >; 4" >V «taufM \ <p^<c$ n' t.oVi^f'-®'tK-- iSP ^v> • • % — W c^'i! iJ ^ I y ^ 4si“t .* • T0' EXISTING 0-75 4325SF/0.11 AC X OX HOUSE « 432 SF DECK - 358 RWALLS - 35 SF LSF - 150 SF TOTAL - 975 SF (20.0X) PROPOSED REMOVE RWALLS - 35 SF LSF - 150 SF TOTAL - 790 SF (16.0X) (-185 SF) HARDCOVER 75-250 6877 SF / 15.8 AC X 25X - 1720 SF HOUSE - 495 SF DRIVE - 2700 GRVL - 320 SF SHED = 120 SF WALKS - 120 SF LSF - 265 SF TOTAL - 4020 SF(58.5X) HOUSE - 495 ADDTN - 755 SF DRIVE - 1680 SF STEP - 24 WALK « 37 SF TOTAL - 2991 SF (-1029 SF) 250+ 2315SF/0.5 AC X 30X- 772 SF DRIVE - 1322 SF (TO EDGE ROAD) TOTAL » 1322 SF (57.0X) /V 08 ‘13'W 16.17- - ^ 1050 (45X) -272 TOTAL (- 1486) SF HC total house » 1680 12.0X TOTAL LOT BENCHMARK TR SAN MH ELEV - 937.6 (ASSUMED) SCALE IN FEET - EMSTWC SPOT ELEVATION. X(998.0) - Pi»OPOSEO SPOT ELEVATION - OWECTION SURFACE CRANAGE |2 DESCRPTON: * LOT 1. linden BEACH, AND PT OF NORTH 16 S FEET OF LOT AND PART OF ADJ VACATED “ LINDEN LANE. LINDEN BEACH HENNEPIN COUNTY. MN. ADDRESS = 1005 LINDEN LANE. ORONO PO - 07-117-23-13-0092 LOT AREA ■ 1400C SF/ 0.32 AC SURVEY IS SUBJECT TO CHANGE PER EASEMENT OR TITLE INFORMATION Hi Hi CCS: uI * 4 ' c' / ’ . '-*; •■*. • ). s a Ji -g o O 1^ --------^ , ;V, •/. ,V- > Ci mmm Ml 6*Mn«il HA^ (&»ipeMce Itti (MVM bi- («I||«,NN n o ^2^ --i- Uiefe gU'AltUH ^ t I K?i Dt5ICin CLA55IC5 BRITT J. WILLIScuiTon noft otsionw < • 44* tA>T curr nOAO < *; •ufirtsvKxc. ». *' rA* »> r/442*'^»»l J »■ • i 4^<i T I HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 75-250* 250-500’ 500-1000* EXISTING HARIX:OVER IN ZONE M = 432 SF.A Houm LangVi B. Oarage C. Driveway D. Sidewalk E. Pallo/Deck F. Landscape Underlain ByPtaallc G. Retaining Wals H. Other X X X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A 975_______ PROPOSED HARDCOVER IN ZONE A. House______■■ B Ltnoti B. Garage C. Driveway D. SMawsA E. PalkXDacfc F. Landscape Underlain ByPlastIo G. Retaining Walls H. Other X X X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A 790 __♦ B S 3 mm S B s S «S s 8 3S8 ISO 4825 xlOO 432 mdlh 2 8 S a a 358 4825 XlOO - 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 20 % S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. SF. S.F. S.F. S.F. ___S.F. A ___S.F. B 16________% HARDCOVER CAL SETBACK ZONE: (CIRCLE ONE) 0-75’ ii ; \ IXULAT ^752S0]) TION WORKSHEET 250-500* 500-1000* EXISTING HARDCO' 'ER IN ZONE A. Ho«jm X s 495 S.F.iwntfh X WMli S.F. X s S.F. B. Garaoe X e S.F. C. Orivewav Asphalt X s 2700 S.F.Gravel X 3 320 S.F. D. SUawalk X as 120 S.F. X S5 S.F. E. PalloA)ecfc X SF. X S S.F. F. Landscaoe X s S.F.Underlain X ^a m s S.F.By Plastic X ‘a S.F. G. RataMno X a S.F.Wals H. Other Shed X ■1 120 S.F. TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE •S.F. A ♦ B m S.F. BA 4P20 6877 * 100 « PROPOSED HARDCOVER IN ZONE A. Houaa R>urin>X 495 S.F.L«ngti * X ViWlh a S.F X mm S.F. B. Garaoa ^Addition X 755 S.F. C. Driveway X a 1680 S.F. X a S F 0. SldewaA X - m 37 S.F.Slept X a 7d S.F. E. Pallo/Deck X a mm 0 9 9 S.F. X m S.F. F. Lendscaoa X I tt S F.Underfain X a S.F.By Plastic X a S.F. G. Ratainino X a S.F.Wals H.ONiar X 8 S.F. TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A 2991 S.F. A ♦ B •S.F. B 68" «100 »43.5 9 . m HARDC'^VER CALCULATION Wj SETBACK ZONE: (CIRCLE ONE) C 7S* 75-280* EXISTING HARDCOVER IN ZONE A. House _____________ Ltngtfi X X B. Garage C. Driveway X X D. Sidewalk X X E. Pa(ioA)ack X X F. Landscape Underlain ByPiasHc X X X G. Retaining Want H. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A 1322 ♦ B «»ROPOSED HARDCOVER IN ZONE A. House LaneSt B. Garage C. Drivewey X X D. SIdewafc X X E. PalkVDeck X X F. Lendscape Underlain By Plastic X X X O. Retaining WaHs H. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A 1050_ _ _ _ ♦ B ($50-80^ MEET 500-1000* WkWt S 1322 £ mm s c s 2315 xlOO Mdtti S s £ S 2315 XlOO > SF. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. ___S.F. A ___S.F. B 57_______% S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. SF. S.F. S.F. S.F. S.F. A S.F. B l/i Bonestroo MM Rosene Anderfi(& |\|| Associates Engineeri & ArcliKectt 2335 VHfest Highway 36 • St. Paul, MN 55113 Office: 651-636-4600 • Fax: 65I-636-I3II www.bone$troo.com ftlBir May 26.2005 Ms. Melanie Curtis Planner CityofOrono Post Office Box 66 Crystal Bay. MN SS323 1005 Linden Lane File No. 000139-05000-0 Plat No. 05-3123 Dear Melanie: We have reviewed the site plans for the proposed imptovements to 1005 Linden Lane. The site improvements include constructing an addition to die existing home and anociated grading. We have the following comments with regards to engineering matters: • The proposed swale grading along the north and south sides of the home will create swales that approach a 12% grade. Vegetated swale grades that exceed 5% are subject to erosion concerns. The plans should include swale stabilization details. • The plans should iiKlude erosion and sediment control details. • It appears diat storm water discharging fiom the west end of the driveway will be routed into a proposed side yard swale. Velocities of the water discharging from the driveway present an erosion concern. The plans should include some type of energy dissipatei at the west end of the driveway to reduce velocities prior to the storm water entering the swale. • The swale shown along the south side of the driveway will be difficult to construct in the S-foot wide corridor shown. It may be necessary to obtaui a construction easement from the neighboring property owner to construct diese improvements. • The city has a sanitary stwer line along the lake side of the home. The applicant should provide a 20* fo>.t wide sanitary sewer easement centered over the pipe if one does not already exist. If you have any questions please call me at (651) 604-4863. Yours very truly. BONESTROO. ROSENE. ANDERLIK & ASSOCIATES. INC. Tom Kellogg Cc: GregGappa.CityofOrono St. Paul. St. Cloud. Kocherter, MN • Milwaukee. Wl • Chicago. IL AfflrNMtfv* Op^oftunlfy rpipl^r un4 OwsMd tU Bonestroo fS Rosene Anderfik& |\|| Associates Engineers & Architects 2335 West Highway 36 • St. Paul, MN 55113 Orrice: 651-636-4600 • Fax: 65I-636-I3II www.bonestroo.com A*V: % June 16,2005 3^*^4 % Mb. Melanie Curtis Planner City of Orono Post Office Box 66 Ciystal 3ay. MN SS32.1 Re; lOOS Linden Lane File No. 000139-05000-0 Plat No. 05-3123 Dear Melanie: -■* We have reviewed the revised site plans for the proposed improvements to 1005 Linden Lane. The site improvements include constructing an addition to the existing home and associated grading. We have the following comments with regards to engineering matters: The plans include a note that specifies sod placed on slopes exceeding 5% be staked. This will only work if the stakes are long enough to anchor the sod. The ci«y should inqiect these areas, particularly after tain events to verify the swale and sod stability. Silt fence should remain in place downstream fiom the swales until the root system is established. The plans qweify 2-inch to 3-inch rip rap at the downstream end of the driveway swale. The size of rip rap Aown is loo small and will te^ to migrate d ring larger storm events. The plans should be re^dsed to qpecify a minimum diameter of 9-incbes for all rip rap. Trying to turn the water from this driveway swale away fiom the rear of the home and to the propo^ side yard swale is a concern. The final grading should be inspected and approved by the city to verify the swales were constructed correctly. The city has a sanitary sewer line along the lake side of the home. The applicant shojld provide a 20- foot wide sanitary sewer easement centered over the pipe if one does not alrer 0;^ exist. If you have any questions please call me at (631) 604-4863. Yours very truly. BONESTROO, ROSENE, ANDERLllC & ASSOCIATES, INC. Tom Kellogg Cc: Greg Gappa, City of Orono St. Paul, St. Cloud, Rochester, MN • Milwaukee. WI • Chicago. IL Opportunity Bmptoytr ontf Employoe OwnoO Exhibit G •WTfw -^-vfT-irrr-i» 1005 Linden Ln Overview Map 0tmr A' *• / •\A \o .0 ■rVQ / / 4 •\‘ V -.O-^ a 0 •<c ■jSo^ /<y / -icr- / / »••• , i^6°S './ t-..-s5:- 5*"'' «.CN| 1 - X iS 6(Hilkir I JERRY LEMIRE 4205 FOREST LAKE DRIVE MOUND, MN. 55364 952 472 2236 June 15th, 2005 To: Orono Planning Commission members Re: Variance number 05-3123 Michael and Kristin Hart I am vyriting you today to deny this variance for a couple reasons. I believe that when a person buys a cabin and wants to turn it into a house, and knows full well what they bought, that they should not be able to “shoehorn" a bigger place in jti place. I have seen his plans, and I know that my views of Forest Lake, that I have enjoyed for 35 years, will be reduced over 5096. I agree that the Hart’s have a problem with several things, but allowing them to add on to this already over-hard-covered plot of land, is going to haunt Orono to no end. With his asphalt drive way and current house and the ordinance that Is already in place, there cannot be any reason to expand the variance that Is already there. He show ’s that his new plan is reducing hardcover, but how can you Increase the dwelling footprint with out taking out a part of the old house? This is very confusing. Sincerely, Jerry LeMire k J hk * . ' ‘:j ‘. 'A '■ataiw> --V -t,****. "y .H ti»YJ RUN DATE; 4/11/2003 3S 0711723110003 PROTADDR 4193 FOREST LAKE DR OWNERNAME OLBLOMSANCBLOMS TAXFAYER GERALD 4t NANCY BLOMS NAME/ADDR 4193 FOREST LAKE DR MOUND MN 33364 35 0711723120026 FROFADDR 4213 FOREST LAKE DR OWNERNAME X)HNOLOUOHUNETAL TAXFAYER X3HN LOUOHUN NAME/ADM 4213 FOREST LAKE DR MOUND MN 33364 I 3t 0711723130093 FROFADDR 1013 LINDEN LA OWNERNAME TJERBCSMOENItSMCARLSON TAXFAYL.V THORAJERIKSMOEN NAME/ADDR SAFA MARY CARLSON 1013 UNDEN LA MOUND MN SS364 31 0711723130207 FROF ADDR 3S ADDRESS UNASSUNED OWNERNAME HENNEFiN FORFEITED LAND TA3CFAYER OTYOFORONO NA:«IE/ADDR FOBOX66 CRYSTAL BAY MN 33323 36 0711723140020 FROFADDR 1013 NORTH ARM DR OWNERNAME RALCONRAD TAXFAYER RONALD C CONRAD 1013 NORTH ARM DR MOUNDMN 33364 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST FaCE:1 * 38 0711723110006 FROFADDR 4173 FOREST LAKE DR OWNERNAME TASTHEISEN TAXPAYER THOMAS JTHEISEN NAME/ADDR 4173 FOREST LK DR MOUNDMN 33364 FROFADDR OWNERNAME TAXPAYER NAME/ADDR W: FROFADDR OWNERNAME TAXFAYER NAME/ADDR 38 0711723120027 4205 FOREST LAKE DR JEROME DLEMIRE JERRY LEMIRE 42U3 FOREST LAKE OR MOUNDMN 33364 38 0711723130094 1027 LINDEN LA T W PETERSON AT A PETERSON TROY W ATRACIA PETERSON 1027 LINDEN LA MOUNDMN 33364 38 0711723130208 PROP ADDR 38 ADDRESS UNASSIGNEO OWNERNAME HENNEFINFORFErTEOLAND TAXFAYER CITYOFORONO NAME/ADDR FO BOX 66 CRYSTAL BAY MN 33323 38 0711723120023 PROP ADDR 4223 FOREST LAKE DR OWNULNAME KENNETH GERALD ANDERSON TAXFAYER KENNETH G ANDERSON NAME/ADDR <225 FOREST LAKE OR MOUNDMN 33364 34 0711/23130092 FROFADDR 1003 LINDEN LA OWNERNAME MCHART&KJHART TAXPAYER MICHAEL & KRISTIN HART NAME/ADDR 'C03 LINDEN LA MOUNDMN 33364 38 071172:130093 FROFADDR 1043 UNOEN LA OWNERNAME TCJOHNSON&JCPJOHNSCM TAXPAYER TERRANCE C JOHNSON NAME/ADDR 1043 LINDEN LA MOUh'OMN 33364 38 07II723I300I9 PROP ADDR 1043 NORTH ARM DR OWNERNAME SALLY A RHYUCK TA3CFAYER SALLY A RHYUCK NAME/AODR 1043 NORTH ARM DR MOUNDMN 33364 NAME/ADDR i ?.'4 6 r: v; lORTIFY THATTHE FACTS l-EPRESENTED ARE AN ACCURATE AND TRUE REPRESENl ATION OF IHFORMAtlON AS IT APPEARS THIS DATE ON THEJIBCORDS OF THE HENNEPIN COUNTY T.OffAYER SERVICEy DEPARTMEN^TO XT^EBES: OFMY KNOWLEDGE ANDBELIEF. DATE > ADJACENT PROPERTY OWNERS* ACKNOWLEDGEMENT FORM I (we) Jerome Lemire (print name(s)] _of_ 4205 Forest Lake Drim [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at 100S Updf" I also referred to as Land Use Application No.-----------— I (we) understand that in executing this acknowledgement. I (we) am (ar^ not asked to ^edare approval or disapproval of the property or use but merely to “n^firm^o^ *|\® am (are) aware of the Improvement plans and that the proposed neighbor's project or use requires Couadl approval. 'i'hitts Date Property Owner Date - ■ -.r. V' ! ■v:■mmmm If you have any information that may assist the City In the review of this Land Use Application, please submit your comments to the Building A Zoning Office at least 10 days prior to the scheduled meeting date. l(w«) ADJACENT PROPERTY OWNERS* ACKNOWLEDGEMENT FORM Kenneth Anderson 4225 Forest Arms Lane (print name(s))(print address) ha^t^<|ig<ggd ^k^ans for the proposed Improvement or proposed use of the property located at also referred to os Land Ose Application No* I (wo) UTKlerstand that In executing this acfcnowtedgement. 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 preset or use requires Council approval. Date Property Owr^Date ft*t**«*##«t****t******t«***At I (we) (print name(s))(print address] have reviewed the plans for the proposed improvement or proposed use of the property located at ___________________also referred to as Land Use Application No.________. I (we) urKfersland that in executing this acknowiedgemenl, I (we) am (are) not asked to declare approval or (^approval 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 City in the review of this Land Use Applicalion, please submit your comments to the Building & Zoning Office at least 10 days p^ to the scheduled meeting date. rJMy I'i r% (Th t* i iH / . ? r> -i’ ADJACENT PROPERTY OWNERS’ ACKNOWLEDGEMENT FORM I (we) JohnLouahMn of. 4215 Forest Lake Drive (print name(8)](print acidress) have reviewed the plans for the proposed improvement or proposed use of the property located at tops Undan Lane 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 Councii that I (we) am (are) aware of the improvement plans and that the proposed neighbor’s project or use requires Council approval. T, V'l.v / . , If you have any information that may assist the City In the review of this Land Use Application, please submit your comments to the Building A Zoning Office at least 10 days p^ to the scheduled meeting dale. L o I t-, >*r Thora^lomoSn '***°**^''''^ OWNERS’ ACKNOWLEDGEMENT FORM I SapaCarison of 1015 Linden Lane ________ (print name(s)1 (print address] have reviewed the plans for the proposed improvement or proposed use of the property located at 1005 Linden Lane _____aiso referred to as Land Use Application No.________. I (we) understand that in executing tnis 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 r^- A mmMmm " r nv I Jr If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. i *fl‘4 m it O oo t 1 V ' I • ff27J ?/ 6 (5) */ o f6;IL 11 8 ^7; _fag Ewr /165 170 _12 —— Lor\ t 1 CKI2.VT 1 ►x % \ <ry^vas (94) %MiQH 606,94 (20) LOT \ t; 20125 554.22 ,>(19) s «a>> raq.-7gSJ tor 1 12 160.75 ll_\ 07-117-23-13 I • • •tfff) < « fa2.^5 PART OF /66) ►rtf 4A04 5f4.5 ri8; :. ^66) I \ ^ ”34378 ”■ 07-117-23-14 ^^ S/^Q J^) A _ prof Lorto 04 UNDENLA 60 f• • f (15) 4» 9 i^^nnr ^rato ocf^em Date Applkatioa Received: 5*18^5 Date AppIkatioB Coaiidered as Complete: 5-18-OS 60-Day Review Feriod Expires: 7-17-05 pr'*1*1^11 , ii -i -TIMG REQUEST FOR COUNCIL ACTION JUL ' ' 2“^ CltY OF ORONO Date: July?,2005 Item No. DepartnoBt Approval:Administrator Approval: Name: Janice Gundlach^ Title: City Planner Agenda Section: Zoning Item Description: H0S-312S, Christine Valerius, 2377 Shadywood Road, Conditional Use Permit 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 Exhibits A - Applicant’s Narrative RE: Proposed Office in Upper Level B - Notice of Council Action dated 6>28*05 C - Council Memo dated 6-22-05 D - PC Memo and Exhibits of 6-16-05 Api^icathH Summary: Applicant requests the following conditional use permit in addition to the conditioiud use permit iqrproved for a coffee shop/restaurant approved in April of2004: 1. Conditional use permit to allow a portion of the upper level to be used as office. This applicant ^rpeared before the Council at the June 27,2005 meeting requesting a conditional use permit for office space above the coffee shop approved in April of 2004, and also a side street setback variance for an exterior stair access to that office. The Council determined that there was no hardship to grant the setback variance for the exterior stair access and tabled the application so that the applicant could explore an interior stairway. Planning Department staff and the Building Official met with the applicant whereby it was concluded based on the most recent set of building plans that the existing interior staircase would have to be upgraded. The tq)plicant has revised the proposal and will delete the exterior staircase and subsequently the side street setback variance will no longer be requested, leaving the conditional use permit for office in a B -1 district the remaining component of the application. Staff RccomaMadathm As the Zoning Ordirumce contains no specific conditions for an office use in a B - 1 district, staff provided the Planning Commission with the following responses to the general conditions placed on ini^. conditional use pennit requests, as outlined in Section 78-916: 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; r- The proposed office is allowed under the B - J 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. Stafffinds 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 ydiich it would be operated or maintained would not be detrimental to the public health, safety or welfere, 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 ofthischimter. The proposed use would comply with the cq^icable provisions of the Zoning Ordinance, with the exception of the side street setback variance of which staff is recommending denial of The Planning Commission voted 5-1 in fevor of the office use. The Council should determine if the proposed office use above the previously approved coffee shop, as outlined in the applicant’s narrative in Exhibit A, would comply with the three (3) conditions noted above. COUNCIL ACTION REQUESTED Direct staff to draft a resolution approving or denying the request for a conditional use permit for office in a B -1 district ^ if ,. < ■Mm . • A ’ • r-'y, ■ ■■ ■ ' i ‘ ‘•■'V • ' •• '1 \ r . kL,f .> City ofOrono 7/6/05 ion: Janice Zoning Pile M5-3125 Chriitine Valerius Janice, , 0A^\or , . We have fcmoved tiie-mtcrioe staircase as the council requested and replaced it with ar\ staircase that meets city code. We are requesting only a CUP for use of the upper level as ofBces. The proposed use would be: The small ofBce: Fisk Wallcovering Specialists. This o£Bce is a one person ofiBce with no customer visits. The larger ofiBce: A one or two person ofiBce for a small business. Thank You Christine Valerius • t -‘V’ •li“ •• 'I* . • ^ :'V: '■ . /, * , ir^r . ■ >• -V W" • V-' lL-1^ CITY OF ORONO 2750 Kelley Parkway P.O. Boi 66 Crystal Bay, MN 55323 (952)249-4600 ZONING FILE: ^05-3125 NOTICE OF COUNCIL ACTION DATE OF NOTICE: June 28,2005 TO: Christine Valerius COPIES: S488 Tonkawood Road Mound, MN 55364 TYPE OF APPUCATION:Variance/CUP DATE OF MEETING: June 27,2005 VOTE: 5 FOR 0 AGAINST Matiaa: To table. The afiplicant was instructed to exploit moving the exterior staircase proposed to the interior of the building. ^n>Ucaiit*s next meeting is tentatively scheduled for: CUy Council-Monday, July 11,2005; meeting starts at 7:00 p.m. If you desire certified copies of the official Council miiwii**, they are available fix>m the City Clerk after review aixl approval by the City Council. , 'V;:, tim k ■ Date AppIkatlM Received: S>18ms Date Appileatloa Coaeidered as Complete: 5< 184)5 <0-Day Review Period Eiplrcs: 7-174)5 REQUEST FOR COUNCIL ACTION Date: June 22,200S Item Noo 'eo Dqmrtmcat Approval:Administrator Approval: Name: Janice Gundlachl^ Title: City Planner Agenda Section: Zoning Item Dcseription: #05-3123, Christine Valerius, 2377 Shadywood Road Conditional Use Permit, Side Street Setb^k Variance - Resolution Zoning Distiict: 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 Exhibits 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 AppHamoH Summary: Applicant requests the following amendment to the conditional use pmmit for a cofifee shop/restaurant approved in April of2004: 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. Phuafaig CommissioR RecammcBdatioB The Planning Commission voted 5-1 to approve the requested conditional use permit and side street sefoack 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. Staff Recommendation Approval per the attached Resolution. COUNCIL ACTION REQUESTED Adopt the attached Resolution granting a conditional use permit and side street setback variance for 2377 Shadywood Road. 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 Qrono (hereinafter the “City”) and legally described as follows: Lot S, Block 3, Townsite of Langdon Park, 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 under construction to be used as oftice not accessory to the approved 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. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS This application was reviewed as Zoning File 05-3125. The property is located in the B - 1, Retail Sales Business District which requires a minimum lot area of 20,000 s.f. and a minimum lot width of 100 feet. The property is 10,350 s.f. in area and 90 feet in width. Page 1 of 5 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 conflicts. d. The proposed staircase will have a greater setback from Lyric Avenue than the handicap 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, fUrther hindering an unobstructed north side street yard. f. The original Lyric Avenue setback was IS* prior to removal of the screen porch and 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 the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the Page 2 of 5 i f’ applicants; and would be in keeping with the spirit and intent of the Zt^ng 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 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 approved 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 21.S* where a 35 ’ setback is normally required, 24 ’ was proviously approved and IS’ existed prior to the coffee shop use, subject to th^. following conditions: 1. Coimcil approval is based on the site plan submitted by the applicant and annotated by City staff, attached to tUs 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 S00 ’*1,000 ’ zone shall not increase above 35% 3. Authorities gronted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance and conditional use permit will expire on that date (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. Page 3 of 5 Adopted by the Orono City Council on the 27"' day of June, 2005. ATTEST: iST Linda S. Vee, City Cleik 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 sud 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 5 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. ,200s Notary Public Page 5 of5 rxmeif A iifii m c.^>- 0® £ O C/) Ld >- Z o X Jjzz aJr a'?'* / / / / /\ “X \ ' / \%\ i \V ^ \ * 1 \ /m <- 1^. Bimt ^V ^ 1 oVy -i. iij. \ ^ \ \ISTNCHOUS#2377a\ h ..V'-'-'.—\ V 1 r- f\\^* \ -AS / \ ^.0 ./-•‘I :y 1 ^latiyrrt of / ft. lO \ , ^ / Musr VlltoOCim' ItoM V|\ ^ 6dU>^ S|MU>#- ■»<> *#fe fflU Of i ft / / / .~arifcraa». •, "WCi ■Planning CkmuiiuskMi meeting 6/20/05 CUPforoflSee Side streef /wtrliaokibr etaifcaBemi North aide I In April, 2(io4 we were given approval to remodel the home at 2377 Shadywood and convert it to a ooflee shop/restaurant. Since thattime, wehave teased ^coffee diqp/restaurant area to Caribou Coffee and they will be^^Mnog early fell. We are doii^ extensive updating including sprinkler system, new windows and doors throughout, new exterior siding, stonework, and mudi mme. This beautiful building will really iqrdptp^mconier.at Navarre. Becaus e we are chaitgmg this buildirig from residential to commercial, we are designa ting the north side to be our “utility ” side. The new A/C units, gas meter and dumpster enoleme ndflifl'be located ontlns side. Wehawejcmovedjdltiie'mndows at street levelftecauaetrfthis. The plan that was previous^ qiproved allowed for a door on the lower level, north side. We are ainqily ask^ for this door to be moved to the upper level instead. Ilie propoaed staircase would be projecting no further out than the new A/C t^ or 1109 Bat was3ntendedfor:dieJon«Jevd door. Weintend to beautify idris side of thebuddiitg by usirrg bushes^ flowers and trees to direct your line of sight awi^ from the unities. The dumpster endosure will be directly in fiorX of the staircase so it will barely be visible. The floor plan for Caribou does not allow for any excess room for an indoor stairway. The ADA requirements for handicap restrooms require us to take almost a quarter of the interior apMejuetifarjsstnioins. Hdsinitaeif canseausaJanldiip. We have already reduced our side yard setbadc by removing a shed and a three season porch. The old aide yard setback was IS’ befiue we removed the shedend porch. Thank You •• .1 •• <r ■ ' ; . . •" t" • ••• ■ ■■ ■ ■ ■ • . : ' y : .Wu-. r -\ : AKIiriCIIIAllUlilll m titfvti I TM. Mtitn ilM ««■ VM •fiir^k tinm.■ riMt r^kti* nir.K^iai*lk‘aBis/Mrt r -2?W»8P^ r\NORTW ELEVATIOI *1'- ■' > • > ■ M.3.H ■ 1 □ jJ I . « ■ ftfiiMiiwmaicMrMMKr. iDMUCNMaNOL cfiaimeMmm.mQmmmcmvirm CnSoSTnlM KDttSfSR^Sm WII m mAMfctm i^x w«r ■> at it iqims mm MoiiOMi XI r*ir • 419 t»m p SKS?- ru«»i ■ »«■>▼ ^iiv !v V , ■ «'u«*r!«5 »>gTrr! Pi . V CTTYOFORONO ZONING RLE: 05-3125 2750 KcHcy Parkway P.O. Box 60 NOTICE OF PLANNING COMMISSION ACTION Crystal Bay, MN SS323 CM2) .......................... NOTICE: June 21.2005 TO: Christine Valerius COPIES: 5488 Tonkawood Road Mound. MN 55364 TYPE OF ^PUCiiTION _ _ ^ SideJStreet Settxick Variance DATE OF MEETING: June 20.2005 Planninf Comniission recommended as follows: To approve 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 additional 2.5*. or a setback of 21.5*. when 35* is normally required. 24* was previously approved and 15* originally existed. The Planning Commission 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: 5 FOR 1 AGAINST Applicant’s next scheduled meeting is confirmed as: City Council - Monday, June 27,2005; meeting starts at 7:00 p.m. If 3^u desire >..^rtified copies of the official Planning Commission or Council minutes, they are available from 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. 1 I tVOMIlS J«im20,2003 Patt I of4 Date Applkatioa Received: 5-IS-05 Date AppIkatloB Coasidered afl Conpkte: 5-18-05 60-Dajr Review Period Eipires: 7-17-05 To;Chair Rahn and Planning Commission Members Ron Moorse, City Administrator From: Dote: Janice Gundlach, City Planner'j^ June 16.2005 Snbjoct:05-3125, Christine Valerius, 2377 Shadywood Road Conditional Use Peimit Amendment, Side Street Setback Variance Public Hearing ZoBing 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) Appiieation Summary: Applicant requests the following amendment to the conditional use permit for a coffee shoj^restaurant approved in April of2004: 1. Conditional use permit to allow tito iqrper level of the new addition to be used as office, ^Kdiich is accessory to the principal use. 2.__Side street setback variance to allow a second story stairway to be setback 21.5 _____farm the side street lot line when 35* is required and 24 ’ currently exists. Shtff RecommeudoHau: 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. Pertinent Zoning 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 - Ha^ship Documentation Fomi M54I2S Jane 20.2003 Page 2 of4 Exhibit C - Proposed Survey Exhibit D - Hardcover Calculation Worksheet Exhibit E - Photograph of North Side of Building Exhibit F - Property Owners List Exhibit O-Plat Map Background The applicant received a conditional use permit in April of2004 which permits operation of a coffee shop, including the sale of prepared food. The applicant is now requesting to utilize the iqiper level of the new addition as a private ofHce. The B - 1 zoning district allow diis as a conditioiud 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 iqrper level private office. LOT ANALYSIS WORKSHEET Lot Area/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 ’ ; Hi 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) South Side 15*29 ’NO CHANGE Total Lot Area Total Structural Coverage 10350 s.f (0.24 acres)Allowed: 1,553 s.f. (15%) Proposed: 1,520 s.f. (14.6%) r- #05-3125 Jane 20,2003 Page 3 of4 Hardcover CalculationB Hardcover Zoae 500-1000 Total Area in Zone 10,350 s.f. Allowed Hardcover 3,622.5 s.f. C35%) Existing Hardcover 2,686 s.f • (26%) Proposed Hai^cover 2,762 s.f (27%) 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 office. 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 approved 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 application. Haidship Analysis /« emtUtrlHg ifflktMomfor ¥Mlatue, the Ptasmlmg Commitshii skali confer the effect of the grofoeei vmrUmee mpom the heohh, tgfety tmi w^mre of the commiiitlty, exhting and oHtkipoted treffkeoiMlottt, lightottdotr, dorng^effhe, risk to thepobllesttfely, eiidthe^ect on vohtesof properif ht die stirromndlng oreo. The Ptonnliig CommbslOH shod consider reconunendlng opprovot fw vnriancesfrom the Otero! prorishns of dte Zoning Code In Instances where their stria etiforcement wonU eanse nndne hardship becanse of circumstances unique to the Individual property under eonsUeradOH, and shall reconunend approval only when It Is demonstrated that such actions trio be In keeping wOh the spirit and Intent of the Orono Zoning Code. Staff finds there is no real hardship inherent to the land to allow a further 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, viiere the Zoning Ordinance would permit a stoop as a non-encroachment Both of these alternatives would address the applicant’s need 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. Caoditfonal Use Permit Analysis 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 planning commission may recommend and the council may grant a conditional use permit as the use permit was applied for or in modified form, if on the M>5-3I2S , J ii J hm20,M09 Page 4 of4 basis of the application and the evidence submitted the city makes the following findings: (1) That the proposed location of the conditional use is in accord with the objectives of this chapter and the purposes of the district in which the site is located and the comprehensive municipal plan; 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 fw 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 ^^ch 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 Stiff finds the proposed office would not impact the public health, safety or welfare. (3) 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. Based on compliance with the conditions notes above, staff finds the proposed accessory office would be in keeping with the spirit and intent of the Zoning Ordinance. lasMS for CoMidcnitioa 1. Is there a hardship to allow a further encroachment of the side street setback? 2. Are there 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 Rccoa Bcadatioa 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 encit)achment of the side street of Lyric Avenue, as there are alternatives to the proposed exterior staircase. City of Orono Variance Appiication Street Address: 2750 Kelley Parkway Orono, MN 55356 Main: 952-249^00 fax: 952-249-4616 Mating Address: . P.O. fiox 66 Crystal Bay, MN 553234)066 Application# Date Received: p/iofOp Amount Paid: Staff: Fee:$600 Renewal: $300 After-the-fact $1,200 Double Fee i This application form must be completed in full. Appleant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: Site Address: Property Identification Number (PIN): (Attach legal description to application if not included on the survey.) □ Yes^l own the adjacent parcels.Date Property Acquired (month/year): Present use of property: □ Residential pt)ther Zoning District: ________________ CA/AMn.fc.\0Q APPLICANT INFORMATION: (Complete legal nares and marital status required for each interested party) Name: NFORMATION: (Com| Phone (home): • xfri^ Address: /LA. Email, Phone (work): Fax: OWNER INFORMATION: (Complete legal names s.'.d marital status required for each interested party) Name: Z'_______ Phone (home): Address: ___ Email: Phone (work): Fax: DESCRIPTION OF REQUEST: Estimated Project Cost: I Describe the request in detail (attach additional sheets if necessary):_____________________ ____/WiA- ■__________________________ -mi .I »i I < . : -Q -a i .*r.'f Vi ;.J i REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. Pre-Application Meeting Form, completed by a City Planner. B^^ompleted Application Form B’^uompieted Hardship Documentation Form Certified Property Owners List - owners within 150' of the subject property, iabels 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 survey - including existing and proposed elevations. Provide one copy 8.5" x 11" or 11" X17" for reproduction. Sketches or plans of floor and elevation views (provide one copy 8.5" xlTorlTxl 7"). Additional items may be requested by City Staff depending on the scope of the project. " □□ APPLICANT'S ACKNOWLEDGEMENT: The applicant hereby agrees to provide all information required or requested by the Planning Department, agrees to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application and certifies that the information supplied is true arKl corr^ to the best of his/her knowledge. The applicant recognizes that he/she is solely reaponaible for submitting 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 regsrdlessyof l|^ potonHaNifCrlt Date: ______ Date: Applicant's Signature: Applicant's Signature: OWNER’S ACKNOWLEDGEMENT: The owner hereby acknowledges^nd agrees to this application and further authorizes reasonable entry onto the property by consultants, agents. Commission & Council Members for purposes of investigation an^^c^on of this request. Owner ’s Signature: Owner ’s Signature: Date: Date: Applicant must have ail submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are normally held on the third Monday of each month. Applicants must be prsssnt 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. % f v'. 1 4. • a* ' \ ' b n City of Orono Pre-Application Meeting Form (This form is to be completed by a City Planner during your pre-application meeting.*) Sfrsef Address: 2750 Keney Parkway Ororto, MN SS3S6 Maying Address: P.O. Box 66 Crystal Bay. MN 55323-0066 For Office Use Only: City Planner kJANI Meeting Date/Tirne: PC Date: JJ^B 5^ ILAiOOM Main: 952-249-4600 Fax: 952-249-4616 What iM tha purpoaa of a pn-appHeahon 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: ^ i , , /\ A Site Address:______\i^ Pr 'petty Identification Nomber (PIN): I t-\iV naiM* Zoning District: iri______Size of Property: DESCRIPTION OF REQUEST: □ Average Setback □ Side Yard Setback □ Rear Yard Setback □ Front Yard Setback □ Hardcover □ Lot Coverage □ Lot Area □ Lot VVidth Other: A//SS Applicant’s Initials:under RDSHIP: 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: *Pleaeenote: Yourvaria meeting during which this Applicant SIgnatuie iUion willNOU>e accepted without a pre-application City staff. _________________ Date: » - !) I'. • - \ Page 1 of3 HARDSHIP DOCUMENTATION FORM This form it a required submittai for ALL variance appiications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statue Section 394.27, Subdivision 7 requires that a hardship be demonstrated in order for a variance to be granted. The hardship must be unique to the property as variances run with the land and not the land owner. Personal and economic aituattons are not considered valid hardships. In order for an application to be heard by the Planning Commission and City Council a hardship having merit must be demonstrated. HOW DO I PROVE A HARDSHIP? This form has 12 points outlining the basis City staff uses to determine if a hardship exists and how the variance will affect the surrounding community. To prove a hardship, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is Justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of these hardship criteria as they relate to the request (some may not apply): 1.'The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls." ^ / C4rj v=>'r be UiA/il Liprt^o*^ U. The plight of the landowner is due to circumstances unique to his property not >y P created by the laiidowner.* —-------------------------------- 3. "The variance, if granted, mil not alter the essential character of the locality.". 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 A . i * •. -V . . J , I ■ • JJ. ®.. . 1 • 1. • • • v4 i t i t i 5. 6. 7. 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 shelter^ construction as defined In Minnesot^Statutes, Section 116J.06, Subd. 2, when in harmony wHh 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.” z "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-fjipilfclwelling.” "The special conditions applying to tfie 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 ofyubsten^ right of the applicant.” aAAa’H ' i,"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." ----------- ----------------------------------------------------------------------Tx -------------------------------------------------------------------------------------------------------------- ‘i s rcfi^sleJL Uic- ^ be (ocasM eAte ‘/V -ifl! & ■'fe 4.Is > V i 4. 1 i ,\ i % • ,* Page 3 of 3 12. *The granting of such variance will not merely serve as a convenience to the appiicant. but is necessary to alleviate demonstrable hardship or difficulty.* Hardahip Statement Should you feet the hardship cannot fully be described in the above criteria, describe the unique hardship, practical difficulty or unusual property conditions preventing compliance with Zoning O^inance requirements in the following lines (attach additional sheets if necessary): ~ kie. Ulill noT b aMm i jpppA,ine<k\ ^ ■r ----a r /V. . i '•*4' ■ I wmm A-'' ^ ^ .. V ,, I * • '' V- V ■; •.• •U- . •- . :•• ' :■• :Vc ’•‘^isXsLj Mh'-€» ..n ri ». )r * 0 .-i- 3d ..**'*•• u ’ **v: '' ii" V r •I* V : i I SETBACK ZONE: (CIRCLE ONE) 0-75 EXISTING HAitPCOVER IN ZONK A. House HARDCOVER CALCULATION WORKSHEET n-e. 75.250' 250-500' Length X X X m B. C. Driveway t/rr X X D. Sidewalk C*.MLJ±2iig£iaAt.K x __________________ X E. Patio^cck F. Landscape Underlain By Plastic Or Fabric 0. Other X X X X X total HARDCX)VER in ?one TOTAL PROPERTY AREA IN ZONE A ____________ -► B PROPOSED HAIU)CQVER IN ZQNK; A- House X 72.X Z 0 //^i*Arrv X /d rA0A0ft0 C0i/rAW^ - /X y B. Oarage __ C. Driveway ____X X D. Sidewalk omlh. /2/ il V7 _________________X Width XlOO Width E, Patio/Dcck x Zi rrAid/ 9.S^CS --------- P. Landscape^^<^x/)r» 1a^ 9^^ By Plastic/^/c Hsm0 x Or Fabric " G. Ollier « TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE ^ —------------------ * B ________ XlOO - ftrr 4AtA er 7fe Jk.^r. -'y'os ^2. Y S.F. S.F. S.F. S.F. S.F. 7<P € S.F. _____ S... /2 / S.F. ______S.F. S.F. ,S.F. S.F. S.F. S.F. S.F. —S.F. A 3 So S.F. B S/ % ^07 S.F. CYo S.F. /Zo S.F. ------------------S.F. ST. S.F. S.F. i'fS S.F. S.F. 3*0 S.F. if jp S.F. €Z 3Z S.F. 7*;S.F. Yz o S.F. • S.F. Z7S3 S.F. __zOJS'CZ S.F. Zf.g^J % ot^ /Zt xrr. 4 JS WffTl 8te5?..?-.r .sAi. Ji!i »«> ■1^, i<; y WB >T: iji tiaiMuMMMai ■♦-♦ ««••«••• ••• f -^'^ ■# ♦ ♦->^-f-'*•- .»<f«4a'.*-Wi« A- t:/iiK'4kJ>W > * A. ■v-iri'- •.‘^'.1 • V f;. - J"'?!..'' ' MJNIMlJsUB/iaM M nr 73941003 rtWADOR 9414 UWanONAVE \y OnUNAM! CAKLEBOMIl COBORf TAQAYn CARLEBOnOBI CARD!BIRO H/MVADDR 94t4LTB«BT0N\VB WAYZACAIIN I*991 PRITADOR 04WRNAM3 TAVAYBR H/MBADOR 3t 171 7294100M 9449 U/MOnOR AVB i: Cl JOBMIL DINNBL 9449ir ’B«IB10NAVB WAVZ4TAMN £991 31 171 739490071 P999ADDR 9432 L'RICAVB Ol'TORNARC DANBt tt XTAYBR OANBI M/MIMDOR 942nrt REAVE WAVZ7TAMN £991 BnBANSlN pWMmm 91 171 7234300EI P93PADDR 9401 L'HICAVE (r/MRHAAC HaNNEWPORntEOLMAi T/XTAYBR CnVO'ORONO MME/A0O9 rOBOCM CRYSrU.BAYIfl 99923 31 171 i7234300B< nOPAOOR 31 An«ESSUN/SS aOBRNAAB HENMnNPORntTEDLANi TyRTAYER OTYO’OBOMO KMBMDOf POKXtf CRYtTU.BAYM4 99929 n COl NTY PRC ?ERTY 19 FORMAT SYSl 3M nVERTYOWNEBS JST at I7I17S}4300S2 PftOf ADOR 9433 UVDXBIONA 'E ^ OWNiRNAME PAULTW rCHER TAXI AYER fAIERTIATCHBR HAMYAOOR 3413 UV» OSTON A> E ITAYZAT7 MN 9SK1 at I7II7:M30076 FROIADOR 3444 LYR2AVB OWNiRHAMB PLASEMinEUT/BOT TAXI AYER MRAIR8IRANKLM TTELSTAl DT HAMVADOR 1444LYIU:AVB WAYZATi MN 999SI 31 I7IIT.3430079 nUN ADOR 340ILYRCAVB OWKANAMB HBNNBPB PORPEin O LAND TAMAYBR dlYOPCRONO NAMVAODR POBOKCt CRYSTAL BAYMN U323 30 I7lir341000 PROiADOR 3t AOOR SSUIASSKWEO OW9eRNAME TOWNOFCBONO TAX AYER CnYOPCRONO NARE/AOOR POBOKCi CRYSTAL BAYMN 19123 31 17117.3430009 PRO ADOR 30 ADORSBUNAKIGNED OW7BRNAMB HBNMBPBIPPRPPTiDLAND TAX AYER CIIYOPC BONO NAAE/AUNl POBOX(6 CRYSTAL BAYMN 19323 31 I7II7294900P nOPAOOR 9400 S10RBLINE OR 09NERNA3 B DAU1 XNMIOP * T.XPAVBR CTJOIMBONRIAXMWIM NMBADOf CBIfSIWAVBM. PLYMtUTHMN 19447 f/vA. _______________________________________________________ 31 17117 34J0142 niO*ADOIt 3440 SHCUUNCDI. OWtHUiAMI RICHAACWlLOOOrQUIST ^ iC*AYn RlCHAU:WBU)OOrQUBT lAJ^e/AOM MUSHOtHJNBOl FOBQX 31 MAVAMt MN SSlfl FROPAim OWNER NAME TAXPAYER NAME//DDR 31 17117234 0063 34 9 UVINOTONAVE D 'AENBP JCE DINMOV* VELVNN3RUC6 34 9UVINaiIONAVB W.iYZATAMC 95391 31 I7I17234 0077 PROPAICR 34ILYRJCi.VE OWNERNAMB U8MHUDI0W TAXPA1ER iJt 8 MARK lUDLOW NAMByDDR ILBLYREyV W.kYZATAKC 99391 31 17117234 0000 PROP A lOR 34 « LYRIC. .VB OWNERNAMB HINNEPINPiRfSITED AND TAXPA'BR aYOPORCMO i. _ NA»4E/yDOR PHBOXtf OYSTALB/YMN 9£ U 31 17117234 0003 PROPAIOR 3t ADDRESS UNASSIO; lED OWNERNAMB MNNEPINPtRPBITEO AND TAXPA'ER anrOFORCMO NAMEfcOOR POBOXM O YSTALB/YMN 99; U ( 30 17117334 0090 A»R 34:6 SHDRE JNEDR a NAME a RM-TOM AR1NERS IT TAXPA'BR NAME/i DOR Cl RM-TOM ARTNERSV O 3GOURTI IACFARL f NE U17 HAZEL' INEBLVO 1939 CMASKAM9 99311 PROPAIOR » 17117234 WI94 34 » UVD4CnONAV{ P/ 3E: I K\r '•X. f. f* • > zr -r 7 $ •i • h : A 1 . •/ *. •» • j -i: A y . II? V. / •A >-a « fV'i? OWNE9NAME « ERYLAB lULDAMOJBEa D.VIDRmTAXPA 'BR NAME/. DOR i!f.eoi BEU 34 8UyiNQtTONAVB WU/fATAON S93PI *-KJ taiJt. UAroi.X3 a r\o HENh EPm 001 NTY PM nomr 0 FORMAl :0N SYS; EMnopocry jwnbks jst PAOi M 171 72344m . 3IADI1USSUH. I itmHAr e town itohomc 7 WAYW OTYC'OROWO hMBMOn POMC.M CaYtiaiAYMI 5S323 s> 3t I7l:71344000t P OP ADM 31 AnwaSSUNtSSKMED 0 ABILNM S HENM nNPOMn ITEDLAN > TVAVOI cmrc*0«DM0 IX NMVAODI POM<« aVSlU.BAYIII 2S323 31 17I'723440M P. OP ADM 3324 P WAIWBIA O VNniHAf B AMYi lARACU tmBMIT I T JVAYBR cum ROmiT IMITH NiME/AOOl 3324NtVAMBLv WAVZ.TAMN !<3P1 1^' 31 17 172344006 y' POP ADM 232SCUVBAVE X C VNERHAI IB JTJAC OBION A .DJAOOC ION TiXPAYBB JTJAfOMON* .DJAOOBaON BUMVAOn 33210 JVBAVB WAYZiTAMN .'I3fl 31 17 1723440071 POPADM 2S24!UDY1NM>tD C PNBBNA; n MAKT NTSAIB PA TOCPAYIB MAKrMTiABBPA P OIWAOO . 1101 i MWOOO kVE IMXJP3MN S£S4 31 17 17234409!' PMPADM 3320 1 AVAMB A C MOBNA IB PAU. nOMOOB PANY 1 OOAYM MU. lOMOOP PANV pgmADO*. OOX4NBPPAIP miivnAVB Winn IIARUXMN ss 10 30 17117 PRO AOOR 23W SKA 7VWOOD 'J> OWI 6RNAME PAU.AG ECOMPA lY TAX AYBR PAULAO EC064PA lY ^ OOJOHN8PFAFF iX SOIILAK.AVS WHirEBI ARIAKE IN SSIIO NAV6/AOM 30 I7II7 3441009 PRO ADM 2377 SNA 3YWOOO 0> OW7 0RNAME TAX 'AYER MAI NAPBMOM 433 WJ 30 I7II7 3440063 PRO'ADDA 3344 0UEAVB OWI ERNAME VALERIE rOOYKEP OALL x TAX •AVER VAtBRlB fCOYKEP OALL U NAPBMOM 2344CLnEAVE WAVZAT iMN SS3 I 30 I7II7 PRO'ADM 23IIOUEAVE I." OWI ERNAME PATRICK WOULUV iN TAX'AYER PATRICK WOUUVtN NAP EMOM 23IIOLP EAVB WAVZAT iMN 3S3'I 30 I7II7I344007S PRC'AOM 2334 8H> DYWOOD U> OW.BRNAPII JRBinaOM TAPMYBt JOHNC4 BARBAE. BERICSC4 NAI E/ADM I6200MA3VWOOO a> WAVZAT VMN SS3U PRC*ADM OWCRNAIU TAPPAVRR NAI9MOM 30 1711*. 13440071 ' 30 ADOf ESOUNAO XBIED PAU.ACUOON9/NV PAU.AC UOOMP/ NV OOJOW BPPAIP SMI LAI SAVE WHnCBIARLAKBKN 9SIH y 31 17117234 0007 FROfA)OR 23 4 SHADVAfOODRD OWNER NAME F/ UL ACRE X)MFAMY TAXFA'ER F/ULAOR£X)MFAIfY NAME/oDDR OIJOHNBIFAFF 5C IIAKEA/E W OTE BEAR LAKE MN S5I10 31 17117234 0015 FROFAIOR 31 ADORES! UNASSlOi lEO OWNER NAME HI NNEFINPIRREITED J(HO TAXFA BR a nrOFORC NO NAME/iDDR FIBOX66 O YSTALB/YMN 55:23 /*•.**. *• f ' .f# •• t \- •• % . f 3f 1711723410064 PROPA )OR 23 10 OIJVE 0/E OWNEI NAI4E ft U.MAOC NNEV TAXPA *ER P/ UL J MAC JNNEV NAME/.OM 22IEOLIVE<VB WVVZATAPN 53391 UX X 1711723410073 PR0PA3M £14SHAOTWOODU) OWNEI NAME S lAKMOf KRID TAXPA « Sr EVEN R* KAREN M>RKRiO NAMW OM r 14 SHADY VOODRD WWZATAPN 99391 r X 1711723<10076 PROPA 3M IM OHADTWOODRT OWNQ NAME X HNCRR RRARAE 3RICSON TAXPA'ER XHNRBAiaARAERiaON NAMWiDM 1I20EHADYNOODRD RAYZATAPM 99391 31 171 1723< (0079 PROPA3M Z41 SHAOIWOUIRC OWNS) NAME I/AJ&eAaMQBLHOIP TAXPAYER LKJBEAaJNKLHOiP NAMEIJTM 2 41SHADYMX)DRD EAYZATAPiN 99391 V..1 Li.'. . I 19^ r 1 ^ ■ M'l.mi.^•^.; -t '^■71 ; :-Vimm , K 775r ► .->r^.;r^«.. >’^v .i k ’. 1 . ; 'jV; RUNIM(l:IAMni SI I7 i7a»««a«< rjOrADOR 31 AOMnUHJStlONCD y/ C«NBlNAIIt lOWNSrONOM TiXPAYOi anrcFonoMo KMBMODI P0BQ:66 CRVS1U.1AVM<I 5S3U 31 17 I7234400I* PaVADOR 31 AOIUSSUH.SSIONBD CMURNAIIE lAPA^eTTBMDl€HOMBCMaRS TOCPAYER UPA^STTEMnCHOMK POfVADO:: POBCX4I MMNI TONKA HACHMN SSMI 31 17 I72344OI0I PtOPADOR 3M0 1 HORBUNf DR CWNRRNA4B UUKT OAVB>K)EHNEN IIXPAVIR UROrKOlHHEI »MiRMOOl 33MSIORSUNCOR POKXI MAVAUIEMN :S3f2 31 30 l723IIOKt MOPAOOl 313S:H0« CWIMRNA41 MOT(OMPANY lOPAVai MP8 VALU tit IRES MC lAMVAODi oormratbta :oept POKX9M MPUtlN SS4«\/ tUM BFIN CO JNTY nil IP8RTY L iPORMA* ION SYS^ ^ Pt£PERTY3VINERSLIST (iu£:3 rao».\oM OWtfUNAMI TAX’AYBH NAABfADDll at 17117 0440014 nSOOU^AVE . I I o^iii. 3 fWj«> aUOOtTEAVE WAYZATIIfN 5S3il mO’ADDIl OWIIERNAME TA>7AYEIt NA»:IVADDII I'lO £>>cJc.t^ 31 1711713440099 31 AOMsSSUNAtlONEO ^ 3S 17tl723<(00IS PROPAOOR 3:40 SHOn LINE OR OWNB NAME VlYAOEURSERVICE4ENTERStlC (•T5*' TAXPA^ VlYAOajRSERVkXtENIERStlC NAME^tOOR P3B0K6S NVVARREIN SS392 L. 31 I7II72> 40100 3:02 SHOIUUNEDR CrTYOF*mONO cmroF'iROKo rOBQXfO CRY8TAI BAYMN 5^ fllOP>ODII 3:02 SHOIUUNEDR . ! OWNEI NAME D>NALDPM^pAICVI.^ETAL TAXPA/ER NAME/IDDR CARVUiJ rARMRRO I^OUNDMN 55364 >NAU^ JR^f^ARNI 3 } PRCFADDR OHrORNAMf TA>PAYER NAtIBMOOR 31 I7ir.l3440l02 2319 8H>0YWOODRD SHIOtnDrRSJ CHMOIT STEPHEN HSCHMOn- 29MKIOILANDSL/D MOUND 4N SSM4 PROP/DDR 3 171 173> 40106 2 N SHAD'YVOODRI OWNEI.NAME PlYLLBHE4DERSON TAXPAYER P lYLUS HE4DERSON NAMBUXm PlBOKin VAYZATAMN 99391 PRCPADOR OWIERNAMI TA7PAYER NAME/AOOR 3t 20ir 23130034 3423 SWIRELMDI RM KEA ^ENYPAE R.Y L1DP rNRP RKHARI'MKEAVINY RBVUVNQTRUn 13409 HITNOS YOUNO J4BMCAI04 99397 I V :• u-I 55 ICBRn'PTHATnCPACSREPRESNrBD.lEANAXURA'n AND mUBRSmBSENrAnONCflNPORiMIIONiS ITAPFeARSTHSDATECNTHBRlXXNlDS OPTWI««IBrHCOUIIlYTAXPAYBRSER7ICBf»DE»AKIl®T,TOTO^MST ' / c^r 1 4 r’ 9. (t ‘"It* S'- •■'■■ ■.:■'■■- I'Xv; HtMinepin h:^ • • ‘li Hfi^nepin Coun^f;::iii Taxiray^r. Services Departiinileint •it- PftcaUnfomaaon 10171172344 Numbw 2377 ’'' •Ir^ Nam* SHADYWOOD RD j V ' TWs to nor • iiogoiy loeordedmep. Itnpnmrtsa cornptotfon ofinfoiriMlon malda^lhm City, Counfy, and SmtB road mithorHias ana ottmaourcas. k «St.: REQUEST FOR COUNaL ACTION jyt 1 \ 2005 DATE: July 7,2005 lTEMNO.F“/y°''°^ DcpartMCBt Approval: NaaM Michael P. OaflhNi TMla Planning Director I! 1 Administrator Reviewed:Agenda Section: Zoning Item Description: 2005 Joint Use Dock Licenses (Renewal): Big Island, Inc. Liat of Exhibits A - City Map of Joint Dock Locations B • Resolution C • 2005 Application We are in receipt of a renewal joint use dock license application for Big Island Inc. The application exhibits no changes from previous licenses. The late fee has been paid. Within die post year there have been no complaints regarding Big Island, Inc. Staff recommends approval of 2005 joint use dock license. COUNCIL ACTION REQUESTED: Adopt the attached resolutions granting a joint use dock licenses for 2005 to Big Island, Inc. Proposed hfodoa: Moved by__, seconded by__, to adopt Resolution No., directing staff to issue ajoint use dock license to Big Island, Inc. for the period of January 1,2005 to December 31,2005. .'-IL’i'. ,'C. .:-rr Z1 -r 4 Vu ] I } ‘ II VngflMliSfl-.' • ■*. 'J • . i I • •*. =iiiiiik Hh-a IVtfiLI j■nviSiSiKiae ■25 casuonmsacxwxlson ! ‘ StebbtBey " * ' ‘ ' . .N't MaxwtaBof m BOHNS POINT/NO V • -t-L •’1 \ ilS?5W! Ifeiw NA.VABUOOVB v^ ■l PBBAMmtXwN / MINNKTONKA / POWER SQOAORON ! big ISLAND virs CAMP i'A-'rl-- 7 . ••. WALTERS PORT fc ■ J BIG ISLAND, INC • CTTYOFORONO PRIVATE JOINT USE DOCK LOCATIONS > f !\ i • RESOLUTION DIRECTING STAFF TO ISSUE JOINT USE DOCK LICENSE TO BIG ISLAND, INC. SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1,2005 TO DECEMBER 31,2005 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and odier members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection fiom activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general wel&re; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the conunon law rights of riparian owners, whether or not they be commercial marinas or residential owners; WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and WHEREAS, Lake Miiuietonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and Page 1 of 2 jri—^ n I ! ^ if ■ ^ WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock fecilities when such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 5.42 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above noted general conditions and ms and the following specid conditions as they relate to an application for an annual Joint Use Dock License described on Exhibit A attached. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted on Exhibit A attached. Adopted by the City Council of the City of Orono at their meeting on the 11th day of July, 2005. ATTEST: Unda S. Vee, City Clerk Barbara A. Peterson, Mayor STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of j2005 by Bttbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said ins^moit was executed on behalf of ^ City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this_____ by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. day of ,2005 Notary Public m Page 2 of2 iiii AJ IT^ I* 5 ^ Exhibit A Resolution No., Page 2 m. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit B. Any changes in th*s layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to fUIl compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. 1. Licensee shall comply with all requirements of City of Orono Resolution No. 3006. 2.The maximum allowed boat density per Resolution No. 3006 is IS total slips. Any increase above this number of slips shall be subject to licensee first obtaining Conditional Use Permit approval from the City. The number of slips licensed for the current license period is 14 . V.Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a mannor pomitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. VI. STYROFOAM DOCK ADVISORY. Licensee is advised that the use of unprotected styrofoam as a dock flotation material has been bamied per Ordinance No. 104, Second Series. iiiH .: ::v. v /i-r.-.-, V •- mm Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of • this license subject to revocation an^or prosecution for vio>«tion of Section S.42 Subdivision 2 of the Orono Municipal Code. .< ‘Si'rr »iv Cf - ••' i-*•'•<”' # ---------------^ v@ "Xa --------------------------- i Pursuant to Orono Municipal Code Section 94-37 Section 94-37(0). LICENSE REQUIRED - "It is unlowful for any (group or oMOclation o pcnons or fomilict, more than two in number, whether incorporated or not) to engage or participate in Joint use (of any lakeshorc property) without first having obtained an annual license from the City." Please complete all items and submit signed appEcation, required attachments, and license application fee to the City Clerk by March IS of the license year. 1. ASSOCIATION INFORMATION 1. 2. 3. Association title or name (if any) Lake fj«\ &jXLJ L _ Bay_i^QU/ C tr____! Person responsibl^or this application: 60- *1/^ Name ______j _____Phone _______ Mailing Address /) X j ^5^03i Relationship to association _______P____________________—__— 4.Association is (check applicable items): _____ unincorporated homeowner't'group. __ ___incorporated Homeowner's Associatiort iXincorporated club or recreation group. unincorporated club or recreation group. 5.Principal purpose of joint use dock is (check applicable items): ____provide boat naooring and lake access for residential property provide swinuning access, beach, or offshore dock. 6. ^ provide a club or association gathering place for activities. Dock is located on (check applicable iton): ___one member's private property. ___property leased by the group/association. Jileasement or oudot owned in corrunon.prop erty owned by the group/association. M. "flu-- Page 1 of 4 f I ■; I!'» * * « i 1 ■i \li ii'. i 3 1 1 1 i 'V ‘2 dMii 7.List Dock location and ownership information: Street address < I)' y f Legal property description /j~ PID#_________ Listed property owner(s) 8. -X^c.______________ PO Sty ^ Skc A^^'o^ ^hjo ^TijJ Names/addresses of abutting lakeshore property owners: fNorthAVesn______cH Sok_____________________________________ fSouth/East)/^fit Names/addresses of other affected property owners (attach sheet if necessary): 9.Insurance Coverage • The jointly used dock is insured by one of the following: __property owner's homeowner's policy. ^ separate group/association owned policy. £.\ T.U 2;..Name of insured____ Name of insurance carrier Name of insurance agency Ki I^J ZC\f\r\^rtx*\£v C<- Sc, k ^4 Policy No. 36^70^ Effective date of coverage ^ ?/ Amount of coverage: Public liability, per person, per occurrence $ i ^ (JV}) ^ ______ Public liability, per occurrence $ (^ tm/l) | (AH j_____ 10.Security and policing of the jointly used dock and property is provided by (check applicable iten fencing ____security lighting property owner's presence . contract security service V other (specify) CttptrK'h/^t s): IL 11. >CK INFORMATION List Dock Use Area Specifications: < A Width of shoreline:________ft. Length of main dock from shore:_________ft. Dock setbacks from side property lines at shore: ________ ft. and ________ft. 12. Dock Construction (check applicable items): seasonal dock (relocated or replaced each year) ___. permanent piling with seasonal deck ____permanent piling and decking wooden decking ____metal decking Page 2 of 4 13. List Dock Accessories: Number of fire extinguishers available at the dock Number of life preservers available at the dock_ 14. List number of slips in each category ("slips" includes boat lifts): Transient (day use only) slips IH Transient (day use) off-shore buoys______ Permanent moorage slips_________ Permanent moorage off-shore buoys______ Dry storage (rack) slips__________ Maximum number of boats at the dock IS. List number of off-street parking spaces available for users of the joint use dock. Parking, if provided must not be separated from the dock by any public road. //A spaces. III. EROSION AND SEDIMENTATION CONTROL 16.Shoreline is protected by (check qrplicable items): V stone rip rap ___wood seawall ____metal seawall ____concrete seawall . ___grass and vegetation only other (specify) v<jcTAri»»» 17. Depth of water at shoreline: I ft; at 50 ft. out: ^ : at 100 ft. out: / ^ REQUIRED ATTACHMENTS The following must accompany this application: A.DOCK PLAN - ALL APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street paricing, dry storage or other on-land functions are intended, these also should be shown on the plan. B. UNINCORPORATED GROUPS OR ASSOCIATIONS 1. A list of the names and mailing addresses of all members and/or slip users. 2.A certified copy of the by-laws or agreement for joint use. Note: This copy is not required if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same by-laws or agreement originally made in______ (stale year) and on file with the City." Applicant's initials C. INCORPORATED CLUBS OR ASSOCIATIONS 0- 1. A list of the names, mailing addresses and titles of all corporation officers. ■ •«, Page 3 of4 J 2.A statement as to the total number of members in the club or association. ^0 members » • : 3.A certified copy of the articles of incorporation and by-laws of the corporation . Note: These copies are not required if (he applicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be operate^) ut)der the same articles of incorporation and/c City,' t^umlt and/or by-laws as originally made or last amended in (state year) and on file with the Applicant's initials D. ANNUAL LICENSE FEE - ALL APPLICATIONS Joint Use Dock License Application Fee according to the current City Fee Schedule INITIAL APPUCATION FEE ($50.00) RENEWAL JOINT USE FEE, per year PLUS SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy,_____slips @ 2.00 each $ $20.00 $ LATE FEE ($25.00) if {application returned after 3/15/05 $1 TOTAL DUE THIS APPLICATION LATE FEE - Renewals Application fi>r renewal oflicenses shall be made no later than March 15 ofthe license year. The City shall not accent renewal license applications received after March 15 unless the application is accompanied bv a late fee of $25.00. REVIEW PROCEDURE When acomplete q>plication is received, the qiplication will be reviewed by the City Council {>nd, in the case of newer unusual applications, or tqiplications proposing substantial changes from prior licenses, alsc by the Planning Commission and/or a ^>ecially ^jpointed Marina Committee. The Council will take action on the (qrplication after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Sections 94-36 through 94-38 of the Orono Municipal Code, the {^)plicant hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Orono and the City's employees and agents to enter upon the property at any reasonable time to perform safety and cojjcr^mpliancemspections. Signed Page 4 of 4 ■CSBlL. 1 < i EXHIBIT B ALL CORPORATION OFFICERS NAMES, MAILING ACD.RESSES AND TITLES '<m} ^ fi**v ^A*^^*’**-^ faM»OMiy President, P.O. Box 188, Excelsior, MN 55331 < O^iwiupt/nic /»1ncn SHif 1^3 JgffiWHfr. Vice President, P.O. Box-188, ixceisior, MN 55331 Briaii Tlchy, Treasurer, P.O. Box 188, Excelsior, MN 55331 • ^• « • Mark Schdile, Secretary, P.O. Box 188, Excelsior,'MN 55331 , .1 i'% i if i t # • • • *•• ^• I • • •• • • •• ••• !• • • • • • . • .• .• • *• ..................................................... • ’ •• • ‘*:v .......* • ' • ■ .^;N.VA/y^.-wnM...« --------------------------------------------- A a a • J •A. / 'V ”9 9 RESOLUTION (13006 'M' • • EXHIBIT A • •• • All that part o£ Lot i/ Rearranfamant o£ Subdlviilon of Govarnmant Lotf 5 and .6 in f IL' ruiminv , from •sTA v '/lo"n,’^ to thJ' midpoint if Kltehol'* subdivliilon, *"* ‘“V-iVoi'TSubdlvl.^^ of Kannapin County/ Minnesota. •'. tou 2, i,. 1,«"SJAssjki.'tV.A io'A7i”o"‘i:^**7*ti^Hia liha running-from, tha moat Horthwaace y midpoint of Chaika Subdivision in Govarnment j<ota S Raarrangamant ^.^ r 23. according to the racordad-plat Sj..‘o/oASi.’i»d*f ’r«or5-ln”th. offie. of thi County, Meord.r. ■Kannapin County/- Miflnasots. • o • • 0 • • • • f • 1’ • • • • ■1 • • • •m, ■ • • • • • •.t •o t • 1 1 PRon : um FPK NO. : 7459085 SLIP 51zn nnpouT • Nov. 06 2001 04:i2Pt1 P2 PACIl No. /j.f\ maiuna f5f* / c^i, Uip Nol 01m«n«iouvrf •• OATH "T / . . /V K wo' TjZf. I^yj^ vp // i'2.y €S>H- I // i‘p'5 (o 'fze? O fe' I /o'* 20 ■r7' /o'y^o I /a y^io Ty // >• ay T7o ■>' 2-y rv/ln. y- sz. '• /Z I !>»' n V.8.U-. Zf zj: /.5 /•5 / / /.5 /•5 .2. rf3 /i >‘3z . /9 \ /-i. 3x >• Slip NcJ.Uliii«ni>iona U.8.U. *■^■5 1 /7 Slip NO . • .o nimcnis Jon.i w.s.u. --4-.- r ^ • #•./ 4/87 1>1CD A - « ft « j m ^ 1! I" 6- ■ ■ > f A • REQUEST FOR COUNCIL ACTION JUL I I 2005 DATE: 7/11/^S tyoFOROMO ITEM NO: Departmeit Approval:Administrator Reviewed: Name: StephanyGoc Title: Chief of Police 4 Agenda Section: Item Description: FiU vacant PT Police Oilicer Position Exhibits: DISCUSSION; Christopher Michael Pharo has been employed with the Orono Police Department since 2/27/04 in the position of full time CSO. The Orono Police Department currently has two openings for part time police officers. Chris was the top candidate selected from a competitive hiring process that included interviews, a physic^ agility, medical, psychological and background investigation. He has been an exceptional community service officer and has resolved several difncult animal control issues. Chris was attiwted to the Orono Police Department because of its efforts in community oriented policing. He is extremely service oriented, holds a B.A. degree in psychology from Northwestern, and completed his Associates Degree in Law Enforcement at North Heruiepin Community College. He is a certified emergency medical technician (EMT). Chris and his wife, Heidi reside in Maple Grove. Chns will be employed as a part time licensed police officer. He anticipates taking his test for a full time license in August. COUNCIL ACTION REOUESTFIl; Motioii to approve hiring Christopher Michael Pharo as a part time licensed officer at the beginning patrol officer pay rate of $ 19.67. Motion to pass resolution declaring that the position of part time officer held by Christoph( Pharo is that of a police office. ■I irtdMliaiinftrtrtiri jyiktk Ifl I ■ I ■ tv V — • 4 A RESOLUTION TO DECLARE THAT THE PART-TIME POSITION HELD BY CHRISTOPHER M. PHARO IS THAT OF A POLICE OFFICER AS DEFINED FOR PURPOSES OF PERA PENSION ELIGIBILITY WHEIffiAS, Out PtAUc Employees Retitemenl Association PoUce and Fire Fund exctatta pm^epohce officers unless a resolution is adopted by the governing body to authorize ehgibility for coverage in the Police and Fire Fund. ^ Ad July 11,2005.led by the City Council of the City of Orono. Minnesota at a regular meeting held ATTEST;Barbara A. Peterson, Mayor Linda S. Vec, City Clerk liliim« 1 ttfUm I itii DATE: Jaly 7,2005 ITEM NO: REQUEST FOR COUNat ACTION iircTIKJG JUL \ \ 200S CUY OF PROMO. i IkpartacBt Appiwal: Naac Ronald J. Moone THic City Administrator m:Administrator Reviewed:Agenda Section: City Administrator's Report Item Description : Proposal from DSU nr Planning Services The City has requested John Shardlow of DSU provide proposals for planning services related to three planning projects. These are the iqxlating of the Comprehensive Plan to reflect the findings and results of t^ Rural Oasis Study, planning assistance related to the Navarre commercial area, and developing design concept alternatives for the property at the southwest quadrant of Highway 12 and Old Crystal Bay Road (the James property). A proposal outlining the tasks and costs related to each project is attached for Council ’s consideration. (The James property proposal has already been accepted by the City and completed by DSU.) COUNCIL ACTION REQUESTED Motion regarding the qrproval of the proposal from DSU related to the Comprehensive Plan iqxiate and the Navarre commercial area, and approving a budget adjustment in the General Fund to reflect the level of expenditures approved. iifa. R'- .: V.. :' ..>r‘•••■>■ ■■ .-t-V •• • ’A-'V~= •! ;.c/: ‘ • V mmm ■ ■ -.--i.-' ■ V iw«o*roaAi«ii CONSULTING PLANNERS LANDSCAPE ARCHITECTS 300 FIRST AVENUE NORTH SUITE 210 MINNEAPOLIS. ^.N S.MOl 612 339 3KI0 July 6.200S Mr. Ronald Moorse, City Administrator City of Orono POBox66 Orono, Minnesota SS323-0066 Subject; Contract for Professional Planning and Design Services Dear Ron: Dahlgren, Shardlow and Uban, Inc. (DSU) is pleased to provide you with this cost estimate to provide planning and design services associated with several special studies. For the sake of efficiency, the work programs and costs estimates associated with each of Acse components will be summarized in this single contract. We are open to any reasonable modification to any of these elements and we are c' ..nfortable to making these arrangements verbally due to our strong and long-standing working relationship. We will also be happy to reviii. this contract in the event that the rev *'ns are major. ARTICLE I: SCOPE OF SERVICES The following tasks and estimated costs are based upon the listed assumptions regarding the scope of the woih, number of meetings and related factors. Additional work, beyond these assumptions, including additional meetings, will add to these estimated costs. We will make every effort to work efficiently and we will only undertake work outside of the scope identified in this agreement with the prior verbal authorization of the client. UPDATE COMPREHENSIVE PLAN TO INCORPORATE THE RURAL OASIS STUDY Task 1: Prepare the text, format the maps and create the document Task 2: Attend 1 Planning Commission Meeting and I City Council Meeting Task 3: Prepare presentation to Metropolitan Council, Mary Hill Smith and Sector Representative Robin Kaufman Task 4: Complete plan amendment application and submit to the Metropolitan Council; Represent Orono in the review and approval process. NAVARRE REINVESTMENT VISION The City Council recognizes that there has been discussion about the future of the Navarre area for many years. There is tremendous change occurring around this area and it is inevitable that there will be some initiatives to redevelopment all or ^rtions of this area at some point in the future. The Council wants to support positive change in Navarre, but that doesn’t necessarily and5$ti^g^^rmaors€\LacaiS€timgs\Temporary internet Filts\OLK6\Orom> Contract 2005rev.doc I inmNla ■iiRt , 'T ; • /:* i John W. Shardlow, AICP, President I •, C. John Uban, ASLA, CEO CLIENT (fill in name of client) Attachments: Standard Rate Sheet Billing Policy m- ll*?' mm II.' :ai.»->.;->^-, l y m • • MUtM i‘-. ■ * i DAHLGREN, SHARDLOW AND UBAN, INC. STANDARD RATE SCHEDULE 2005 STAFF MEMBER RATE Principal $150.00 to $200.00 Market Analyat $75.00to$125 00 GIS Specialist $60.00 to $85.00 GtS Technician $45.00 to $65.00 Senior Planner $55.00 to $115.00 Planner $40.00 to $80.00 Landscape Architect $55.00 to $120.00 CADD Specialist $50.00 to $75.00 Draftsperson/Designer $40.00 to $85.00 Auministrative Accountant $40.00 to $65.00 Administrative Assistant $40.00 to $60.00 Outside Consultants Cost Plus 5% Supplies Cost Plus 15% Expenses Cost Plus 15% Mileage $0,375 Per Mile Travel Time Over 1 Hour 1/2 Hourly Rate Expert Testimony Special Counsel Howard Two Times Hourly Rate (4 hour minimum) Dahlgren $200.00 Past Due Accounts 1.3% Per Month C:\DocWH0tt0ndSlWitgt\moom\L«calStttitigs\Tmporttry Itutmtt Fti€s\OLK6\Orono Contract 200Srev doc Hwi''. V*'.’:!#i l) \m ( rl^l \ SI I \KI )l ()\\ ANDUliW BILLING POLICY STATEMENT ¥ We are ptoanrri to have the opportunity to provide professionai services to you With this Statement, we hope to avoid confusion or misunderstanding by explaining how arto when we bill for these servces. Usualy, we bill for our services in a range of hourly rates. The appropriate rate is dependent upon a vartoty of tactors, such as the type of work involved, the level of expertise required, the experience of the individuals involved, and the magnitude of the project Our rates are subject to modification from time to time. We will provide you with a monthly Invoice that summarizes the professional services ttwt we have provided and other related charges. Payment is due net 30 days. If payment is not received during that time, it is our policy that finance charges of 1.5% will begin to accrue. If you have any questions or concerns about the statement, we encourage you to immediately contact the Prqj^ Manager or the Billing Department (612/312- 2139). If you prefer, you may rtso contact either C. John Uban or John Shardlow directly. Reimbursable costs incurred on your behalf will also appear on your monthly invoice. Reimbur^ <^te include, but are not limited to. such Hems as mileage, parking, long distance telephone charges, draftii^and art supplies, postage and messenger services, facsimile charges, photography and copying charges, airfare and lodoina. data acquisition, as wel as any autfKXized outside services. These charges will appear separately on toe invoice and also have the same payment terms as stated above. Any unusual or large expenses will be approved in advance. If payment is not received within 30 days after you receive your invoice, your account will be considered delinquent. In the event your account becomes delinquent you should contact us without delay and we will make every effort to reach mutually agreeable payment tenns. If however, we are unable to do so. we the right to cease working on your project until your account is current, or terminate our agreement. We will then take such collection steps as we may deem appropriate under the circumstances. Costs incurred to collect overdue accounts wi become the resporwibility of the client We »e very pleased to be working wHh you and we appreciate the confidence you have placed in us. We^ make every reasonable efforl to achieve successful results for you and we look forward to a continued good leMionship. I . '.x ■ St-. V f 0 REQUEST FOR COUNCIL ACTION COIIM/^II •»crcTIKjQ JUl 1 1 2005 CITY OF ORONO DATE: July 7,2005 ^ ITEM NO: j (r? DepartmcBt Approval: Name Lin Vee TMe City aerk Adminiji^tor Reviewed:Ageada Section: Licenses GAMBLING PREMISES PERMIT - RESOLUTION 1. Applicant: Northwest Tonka Lions Location: Nairows Saloon 3380 Shoreline Drive Date: September 1,2005 through December 31,2006 GARBAGE HAULER 2. Blackowiak & Son Inc Rolloff Service 119S Sunnyfield Road North Mound. MN 5S364 3. Randy’s Sanitation 4351 U.S. Hwy 12 SB Delano, MN 55328 4. Veit Container Corp dba Veit Disposal Systems 14000 Veit Place Rogers, MN 55374 SPECIAL EVENT 5. Applicant: Cindy Wagener Event: Location: Date: Time: Reception and live music 1420 Bohn ’s Point Road Saturday, July 16,2005 5:00 p.m. - Midnight COUNCIL ACTION REQUESTED: Motion to approve/deny the above listed licenses. f (!) ‘ . A RESOLUTION APPROVING THE MINNESOTA LAWFUL GAMBLING LG214 PREMISES PERMIT APPLICATION SUBMITTED BY THE NORTHWEST TONKA LIONS CLUB FOR THE NARROWS SALOON LOCATED AT 3380 SHORELINE DRIVE BE IT RESOLVED, the City of Orono agrees to approve the premises gambling permit application for the Northwest Tonka Lions Club to conduct lawful gambling at the Narrows Saloon, 3380 Shoreline Drive, Orono, Minnesota, for the period from September 1, 2005 throu^ December 31,2006. Adoption of the foregoing resolution at the regular July 11 ,2005 Council meeting was moved by________________and duly seconded by The following Council Members voted in the affirmative: The following Council Members voted in the negative: Adopted by the City Council of die City of Orono, Minnesota at a regular meeting held on the 1 1th day of July, 2005. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor *1 0 *. Date Received $10.00 Fee City of Orono Application for Gambling Activity Type of Permit ^Type of Gambling Activity Effective Dates: A- ^ • A - P, □ Bingo □ Paddlewheels 13 Pull-Tabs □ Raffle □ Tipboards □ One-Day Lawful Gambling Exempt Effective Date: Organization: Mftvtkmejtsf "TohifflL (jOhS*_________ Address:_____l> Q. Phone: Applicant:______K^vtU Address: i*^SS^ P^MraU gea^, Phone: fell- Establishment Where Gambling will be Conducted: "Tkc. Mo.HfQui< Address:_____^hortijifu. __________________ Property Owner: Gambling Manager: FiziW^ Phone: (fifii) AS^-411- «middle)(last) Name/Description of Event: poll 4abl ‘ Day(s) of Operation: **^f7Wrff4A,-Hiroi^lv ________________________ Hours of Operation: tlftoK-TKiar tfa»- ft p ft7 U •■7-7’jfL , S*t ^•■>-7 piw, ^uk Q Required Submittais: ^ Copy of permit application from the Minnesota State Gambling Control Board ^ Sketch plan of area being leased for gambling activity The Orono Chief of Police shall have 30 days in which to investigate and make a recotiunendation. The undersigned applicant hereby agrees to the conditions quoted in Section 38*31 of the Orono Municipal Code and any additional requirements the City suff may luve. Signature of applicant:Date: S/%l/0S" 2750 Kellev Parkwav, P.O. Box 66. Crystal Bav. KN 55323 I i' V'■■ ■ '- .t:, n<; . , / • « V # • #7 0 • 0 0 • *// ^ y f» —\ .il'ajpr/f y v‘ •• H r 4l ffrvr7>0^ 0^MM- cZarr/BJ^ ^^0007^ 4q ‘k > Minnesota Lawful Gambling LG215 Lease for Lawful Gambling Activity 11/04 Page 1 of 2 f4arne of legal owner of premieea Buflneae/itreet adclres* City Name of lessor Businass/strett address City State Zip Daysme phone state Zip Daytin^ phone (If Mm* s( leQal owner. v/rKe in 'SAME') I ^\ry>irp\Lf\P-C\ir’t^K'^-CbfOnO — NamoofloaMdpremiMS Slreetaddrees City Zip Daytime phone ] rnft< diii_U_____~ Name of leasee (organization leaairrg the praimtaj OrganizaOon license number Daytime phone based on the foUovring oombinaborB of operabon: Etooth operation Kent Information (ft)T acttvity Involving pull-tabs, bpboards, paddiev^ieels, and pun-cab dispeniing devices. No lease requiied for raffles ) Booth operation - selu of gambling eouwmerrt by in employet (ei Bar operation • sates ef gamblirrj equipment v.ithin a leased volunteer) of a kcnscd organization within a separate enclosure that is preniues by an employee of the lessor from a ecmmon area .vti*r* dirtiiKt from areas where food end beverages ate sold. _____ food er.d beverages are ebojol^ — — — — — -j ' Dons your organiiation OR any other organization conduct gambling from a booth operation at thb locatton? Yes ------No _____________I aTttwer^ye^liwTu^^ab^ | iTyw ans .yered HO to the qijesoo.--. above, rent l.mits are I based on the fallowing asmbinabons of operation: - Bar operabon Booth operation and pull-tab dispensing device Booth operation and bar operabon Booth operation, bar operabon, and putl-tab dispensing device The maximum rent allowed may not exceed the limits established under Minnesota Statute 349.18, Subd. 1(b)(4). The limit as of May 1.2004 is $1,750 in total per month for all organizabons at this premises. • Bar operation with pull-tab dispensing device - f>ull4ab dispensing device only The maximum rent allowed may not exceed the limits established under Minnesota Statute 34?.i8, Subd. 1(b)(4). The limit as of May 1, 2004 is $2,500 in tcul per month far all organizations at this prentlses. Compluta one optioni Option A: 0 to 10% of the gross profits per month. Percentage to be paid ^ rO % Complete one option: Option A; 0 to cf the g'^oss prcfia per month. Percentage to be paid ________’’/» Option B: When gross profits are $4,000 or less per month, $0 to $400 per iDonth ma/ be paid. Amount to be paid $_________. Option C: $0 to $400 per month may be paid on the first $4,0C O of gross profit. Amount to be paid $_______. Plus 0% to Option 6: When gioss profits are $1,000 or less per n.cnth, $0 to $200 per month may be pall Amount to be paid $________. Option C; so tc $200 per n* nth rM, be paid on the fiist -l.O-OO ofgross profits. Amc'.inttc be paid $. ______• Plus0%^'of gross profit. Amount to be paid $__________. t'lusu'rsto orgruis^i-j-iv.. ------------—...........- 10% of the gross profits may be paid per month on gross profits {20% of the gross profits may be paid per mondi on gross prono over $4,000, Percentage 10 be paid ______% j aver $1,000. Percentage to be paid -----% j !i(ai?a?Sv!tiMttilat^^ conducted:.Jheclt all activities that will be conducted: jj' Pull-tabs __P Jl-tabs witbi dispensing device __^Tipbosr.ds __?addiewhee! —_Paddlewheel with ta...e Rent Information: Bingo Bingo Kii/or Bar Bingo Occasions Rent for bingo and all other gamtlmg activibes . coixiucted during a btngo occasion may not exceed: • • S'fiyi !>er occasion for up to 6,000 square feet . 5300 per occasion for up to 12,000 square feet ♦ $400 p>e:’ 'Xcasior' for m'Ore dtan 12.000 square feet • $25 per occasion for bar bmgo conducted at any tuite in i bar (regardless of square footage^. Your organization must conduct another form of lawful gambling, and the premises must serve intoxicating liquor or 3.2 percent malt beveraoe? Koor. Jiour Bingo Occsslccs | Rent niay not exceed $25 per day for rKSon hour j Dingo conducted oetv.-eci 11 -o.m. and 2 p.m s: a ■ oremtses 'vith ? license fr the s?'e of mroncavng j beverages on tiie p.'emises : P.eiit to be paid oer brngo occtis;cn c _________j 1 Rent tc be paid per bingo occasion $. For any n» v bin go z :t! vitv net prsviovily ' I included in a rrsmises Ps-mitAppiicatlcr, ! • atcEch i se-r arats sheet of oape- lilting the • ' cays a.nd hours that bingo vvii! oe ccnductac. ' th* ter'n d'* :■ I'H''.* c • eirises ■:e’iT'.i' j Amended •.»!. r«.-Jt:.xcsi arc! date sn :.^a*-«s.-stce *.:-- nec r. I Lsass ■ — • • —"— -------------------------------------------..J I Only VIS', ai^ w ^=i« . ••J. .m-w-I V—••«-- - - S-- — - y—■ ------------------- - at laast iO days prior w tnt charge, .r:* i^‘ r.2 :n* v i-r: •*---------------------- I .. .^ ’•‘S*• I'**. LG215 Lease for Lawful Gambling Activity li/04 Page 2 of 2 iMM T«rm • The term of this lease agreement will be concurrent with the premises permit issued by the Gambling Control Board (Board). Managaniantof Qamblifig Prohibited - The owner of the premises or the lesor will not manage the conduct of gambling at the premises. • The lessor, person residing in die same household as the lessor, the lessor's immediate family, and any agents or employees of the lessor win not require the organization to perform any action that would violate statute or rule. Participation as Players Prohibited - The lessor, the lessor's immediate himily, and any agents or gambling employees of the lessor y/lll not parbcipate as players in ttie conduct of lawful • If there is a dispute as to whether any of these lease provisions have been violated, the lease will remain in effect pending a final determination by the Compliance Review Group (CRG) of the Gambling Control Board. • The lessor shall not modify or tcmnnate this lease in whole or in part due to the lessor's violation of die provisions listed in d'lis gambiiog onthe premises___. ___________lease. Illegal Gambling • The lessor is aware of the prohibidon against illegal gambling in Minnesota Statutes 609.75, and the penalties for illegal gambling violadons ir. Minnesota Ruiei? 7361.0050, Subpart 3. • To the best of die lessor's knowledge, the lessor affirms that any and all games or devices located on the premises are not being used, and are not capable of being used, in a manner shat violates the prohibitions against illegal gambling in Minnesota Statutes 609.75, and the penalties for illegal gambling violations in Minnesota Rules 7861.X50, Subpart 3. • Nobvithstanding Minnesota Rules 7861.0050, Subpart 3. an organization must continue making rent payments, pursuant to the terms of the lease, if the organization or its agents are Arbitration Process - The lessor agrees to arbitration when a violation of these lease pro-visions is alleged. The arbitrator shall be the CRG. Access to permitted premises - The Board and its agents, the commissioners of revenue and public sai'ety and ther agents, and law enforcement personnel have access to the pemiitted premises at any reasonable time during tbie business hours of the lessor The organization has access to the permitted premiS'iS durir»g any bme reasonable and when necessary fer the conduct of lawful gambling on the premises. Lessor records The lessor shall maintain a recoid of all money found to be soldy responsible for any illegal gambling conducted received from the oi ganicabon, and make Hie record available to at that site that is prohibited by Minnesota Rules 7361.0050, Subpart l, or Minnesota Statutes 609.75, unless the orgMzation's agents responsible for the illegal gambling activity are also agents or employees of the lessor. • The lessor shall not modify or terminate the lease in whole or tn part because the organization reported to a state or local law enforcement authority or the Board the occurrence at the site of illegal gambling activity in which the organization did not partiapate. Other Prohibitions • The lessor will not impose restrictions on the organizaBon with die Board and its agents, and the commissioners of revenue and public safety and their agents upon demand. The record shall be maintained for a period of 3-1/2 years. Rent ali«indiisive • Amounts paid as rent by the organization to die lesser are all-inclusive (except bingo rent). No other services or expenses provided or contracted by the lessor may be paid by the organization, including but not limited to trash removal, janitorial and cleaning sea-ices, snow removal, lawn services, electncity. heat, secunti/, sccunw .Tonitonng, storage, oth.er 'Jtilities or services, and in the case of bar operations, cash shortages. Any j other e- pendibjres ma-de by an cvganizetion that is related to a respect to providers (distnbutors) of gambling-related equpment leased premises must be approved by the director of d*»e Gambling and sernces or in the use of net profits for lawful purposes. control Board. Rent payments may not be made to an ir<lividual. Acknowledgment of Lease Terms All obHgattons and agreements are contained in or attached to this lease and are subject to die approval of the dire:t:* of the Gambiirg Control Board. I affirm that the lease mfwmaoon is the tot?l and only agreement between the lesrer and the orgamzaoon. There is no other agreement and no other consideration required oetween tiie paities as to tiie la.'ifui gambling and othe/ ttei s related to the lease. An / changes in this lease will be submitted to the Gambling Control Board at least 10 days pnor to the efrecti-^e date of the j change. K a renegotiated lease is .made doe to 5 change m o. -nership. tiie ue-.v '.ease .-.ill be SLb.r.'Ctid v.ithin 1C dz^s the r.e • ; 5 lessor .nas assumed o.xnership. i \ . ^ • i cdtor Tarnu or co/tdidons: ^ rvo4-i£r^ vi> i-Wi PV _____________* j Signature Ftir* tci/o* lys*r C^/\j04 lo>^/^cV LiOr\ m Questions on ttus form should be direaed to the licensing Sertior cf tr.e Gsmbkng Con:ro‘ Board iBoardi at •:5:*53?-4C'C-0. Th.s pubiicacicn v/i!i be made availabie in a;temative format h.e -arge print, B a.ile} upoi request. ;cv use a TT/. *5^ .:ari cih the Board b*. wsrg the Mln.'-.esota ?*ia, Ser.-.:f as! t: p*Ke a ta;: to Tne j.-;for-.a:cr. •equened nvs forrr \,ii tetcr.e pvbi*-; .nfc-n‘ia: r«- .-.-ner rece/.ed tne arz .? :e .se: r: zre*r,..ne our .. r Hmnes-oti scatutH and rules govemiiig lavvfj? garcjing a•x^'!:les. 1 Minnesota Lawful Gambling LG214 Premises Permit Appiication (see Rtquind Attachments on Page 2) AniHIdl F06 $150 Organization information Organization name ____ ^ I mil'S-ULuJg. Name of chief executive officer (CEO) CaI vijxVb________________ 12/04 Page 1 of 2 FOR BOARD USE ONLY Check = i Organization iicense number ^________ Daytime phone number ^L=i-4aS'-^rfe^y Gambling premises information Name of establishment where gambling will be conducte(j City or township ftrorto street address (do not use a P.O. box number) QoV ..... County Zip code VAenn€0*Vi _____^ S 3 \ Does your ornnization own die building where die gambling will be conducted ’ Yet .i^o If no, attach LG215 Lease for Lawful Gambling Activity Gambling bank account information Bank natne Bank account number Rti)ev" Bcx.n\< d^uvuiiv nuiiiuci riQl3 5q<-l Bank street address City State/Zip code . (^.nrr\mf>ir(»cL. N\f)u.nr\ N\K) rftoM. I oilinnesota of off-5te storage space of gamming equipment and records reiated to this site ^ Address (Oonot^c a P.O. box number) tIUTU ,aty state,7ip code or(»g. 6\od (T\nanH fYiO Binoo occasions (including bar bingo) ^ Ent^ day and beginning/ending hours of bhgo occasions (indicate A.M. or P.M.). An occasion must be at least 1-1/2 hours, not to exceed 4 hours. No more than 10 bingo occasions may be conducted per week. figginniTM?/Ending Hours ______to_______ _______to_______ ______to_______ _______to_______ _____ to______ pgffinning/Ending Hours _______to________ _______to_______ _______to_______ _______to_______ to______ i Noon hour bingo iioon noiir bi.igo must be cosiciucted betxceri il-GO a.r*.. Evj tivC pn* license for the sale of ir.toxicatrig beverages on the premises u”de ’ chapterj C pr»ir.:tS .-hil'l .".St h£.s ?. O.t Cieci' th-e days* that nocr. hour » bingo will be conducted __Sunday __Honcay Tuesda.uedntKia/lilursdS;.rrtda, ___iatv!rc.a> i i • LG214 Premises Permit Application Page 2 of 2 11/04 Data Privacy ThP ‘nformatton requested on this form (and any attachments) will be used by the Gambling Control Board (Boaixl) to determine your qualifications to be involved in lawful gambling activities in Minnesota, and to assist the Boa^d in coridocting a background Investigation of yoa You Itave the riglit to rcfise to supply the Information requested; however, if you refuse to supply this information, the Board may rK>t be able to determine your qualifications and, as a consequence, may refose to Issue you a premises permit If you supply the information requested, the Board \ ill be able to process your application. your premises permit. When the Board issues your pr»mises permit, all of the information that you have provided to the Board in the process of applying for your premises permit will become public e/cept for your social securiti/ number, which remains private. If the ^rd does not issue you a premises permit, all the information you have provided in the process of applying for a premises peimit remains pnvate, with the exception of your name and address which will remain piijlic. This form may require the disclosure of your social secuhty number. If so. your social security number will be used to determine your compliance with the tax laws of Minnesota. Authorization for requiring your social security numbe*^ is found at 42 U.S.C 405(c)(i). Private data about you arc available only to the following: Board members, Board staff whose work assignment requires that they have access to the information; the Minnesota Oepartinent of Public Safer/; the Minnesota Attcrriey General; the Minnesota Comrrissioners of Administration, Rnance, and Revemje; the Minnesota Legislative A'jditon national and intematiorval gan^ibling regulatory agencies; anyone pui’sijant to cout order; otha individuals and agencies that are specifically authonred by state or federal law to have access to the information; individuals and agencies for which law or legal oroer authorizes a new use or sharing of information after this notice was given; and anyone with your consent Your name and address will be public Information v/hen received by the Board. All the other information tfiat you provide will be private data about you until the Board issues Acknowledgment and Oath I hereby consent that local law enforcement officers, the Board or agents of the board, or the commissioner of revenue or public safety or agents of the commissioners may enter the premises to enforce the law. The Board or agents of the board, or the commissioner of revenue or public safety or agents of the commissioners are authorced to inspect the bank records of the gambling account whenever necessary to fulfill requirements of current gambling rules and taw. I declare that: 1. I have read this application and all Information submitted to the Board is true, accurate, and complete; 2. required Information has been flilty disclosed: 3. I am the chief executive officer of the organization; 4. I assume ful* responsibility for the fair and lawful operation of all activities to be conducted; 5. I will familiarize myself with the laws of Minnesota governing lawful gambling and rules of die Board and agree, if licensed, to abide by those laws and rules, including amendments to them; 6. Any changes hi application Information will be submitted to the Board and local unit of government within lO days of the change; and 7. I understand that faW\m to provide required Information or providing feise or misleading information may result in the denial irirtvoaim of the license. Signature of Print ram* •cutivo Officer (Designee may not sign)Data Requirsd Attachments 1 . If the oremises ts leased, attach a coov of voor lease, use fern LGllS Lease fe- La/Af Gisns!ir.g Activi*.' 2 ktrjcn the resci'jtlc^i from the local unit of ;o •emr'e-'* (aty or counf/) which shows approval of your appiicacon. 3 . For each premises permit apphcauc-n, a $ ISO annual p< tihises permit fee is required. Hal e die cnecl. psvatie to the State cf l•N.•.^.»3oa. i-XTS Thara Is a ironttily reguiatcr,' fas or C.l'.'o (.001) of gross racelpts from Sawfu) gambiing conductad at tha site. Tne fee is reported c:'. the SI Ltv'fui Ssmkiiris Monihiy Surnirery snd Tax Returm and paid with the monthly tex report. Mall the ac-piicaticfi witti attachme-ia to: GamWing Control eoan? l"il ■ VestCou''’t,' E. suite itv South .'.Cie.ii'e. I H'l. QuestfonsT :sH L*e l';sra.i*i Sate:-.-, s- r.e Eta'd at SE.-fIr~»C';C. If ■ ?v '..-e sTT/. rai;£;-src c, -jf tne f iirn»£c:» Feia . Ser/.ce and as; to 5i.v:i a caii to 65i-5ii- V " ' 'i:4 4-,r ErS'ite* bc:r ___ Ml r • 1 CHy of Oroflo Boi (6 (2750 Kelley Parkway) Cryital Bay. MN SS323 (fS2) 249-4600 Ju. *'''^0 License Year ^ 0 R Date Received *7/?yt)c C/T'v-' * Fttfaid litjf Initials JOp Garbage & Refuse Collector ’s License Application The undenigned wishes to operate the indicated business in the City of Orono and herewith makes applications for a license to do so. Address 1195 Sunnyfield Rd N Mound.Mn dd3o4 (Street) (Qty) BusineM Phone Number 952-472-3398 Annlicant'aName Steven Paul Blackowiak (State)(Zip code) Address A41S Pioneer Creek Rd Maple Plain Mn 55359 (Street) Phone Number 763-479-6418 (City)(State)(Zip code) Check One:Individual Partnership J(_Corporation Number of Vehicles to be used in Orono 4 Roll-O ff Trucks DesciiptioD of Vdiicles (attach list if more): Year Mfiar. Gross wt »99Internationa l-2B.880 *99Interrtational-28»880 «97Frelghtliner -26.780 *03Frelghtliner -20.340 General area of City served_________ Rear Axle Wt. ___8 Tons Si?€/Yyd 8 8-12-20-30-50YD License Number YAG1518 8 Tons 8-12-20-30-50YD YAHB139 8 Tons 8 Tons 8-12-20-30-50YD 8-12-20-30-50YD YAC6236 YAP6641 (small truck Serve all of Orono Schedule of Collection charges/dates________Not/ Apply Approximate number of customers in Orono Not/AoDlv On call Basis Only , . . Household Junk - Brooklyn Park. MN Location of dumping area cewatguetioii -----Do w Con —in Shako pee MN IN ORDER FOR THIS APPLICATION TO BE PROCESSED, YOU MUST INCLOSE THE FOLLOWING; ■ Surety bond in the amount of SI,000. ■ Proof of insurance in the ar ^lunt of SIOO.OOO - S300.000 • SSO.OOO and 10-day cancellation clause. ■ Annual fee is a SSO.OO flat rale fee, piui S1S.00 per truck, and a $30.00 transfer fee (if applicable). I am the owner and operator of the above business and I have paid all license fees and taxes required by law. I have verified that the above information is correct. <^/3>d[cS Date FOI^ITY USE ONLY: After review of application, staff lecom inends: 1^/Approval Denial Other (specify) — 'Cify —Signature of Ofay Official License Year CHy«fOr0R0 n.... Received "W7/0& (9S2)24M<M Garbage & Refuse CoUector's License Application The undersigned wishes to operate the indicated business in the City of Orono and herewith makes applications for a license to do so. Bmrineas/Fir m Rarvi t/ *5 ___ Addieu HTitt ^ US_Hu,)f /?. --------Bl (Street)(City) Business Phone Number 743 ? 7<3.*33 j Sl__ AppUcanf s Name Address OiltLn [State) SSJ (Zip code) PO ^hox /fcT (Street) nwne Number 7 C3~~^7J l~33S -S' Individual (City) S’^33if Check One: Number of Vehicles to be used in Oroco / 0 ------ Deaermtion of Vehicles (attach list if more): Year Mfinr. Gross wt- (State) (Zip code) Paitnership _j|j/^fporation Size/Yards TJeense Number A OeomIvMofCityHmd Approximftte number of customers in Otono . / ^ ^ # a. /J .le) ■■ /~nuuwa aar^ mm « -------------------» ^---------------- 1 am the oxwier and op««tor of the above business and I have paid all license fees and taxes required by law. I have . vciifietlthat the above information is correct tfiMtii’V-'Date FOR CITY USE ONLY: After review of application, suff recommends: i/Approval ____Denial _____Other (specify) Signature of CU§ Official ' • • 1- 1. { Aoo % had- !*.r- i:# • «U}^ ’ J\BAh 04^\jL. 1 I I AS ‘ft / (fiA //?- I S3m 131 :, ?/ ;., ff 'h^ i. D\ id/Jxjit ii; <\t fJijJi^ to fJajMe.t Qi y?4 ijO.» fJjuMLt J77....|:;p^ .'Mvtcii- Fi ’ • • . km* I i» ? -tt’- 4-^ • - • * ••4 •* t I, ‘ <<♦*-t!• * ift. i.- y 5/ / S7 too (i 3^ ooo fc3,<5eo ^"]^CCO ^l^GOO de3, ^00 ^^OOO ^d^coo ^,oeo ^3 USD ‘H>)tSo Si oeo. w ■* .. .;•■ ' r* V#' (U/.yJ. S^o CM,yhl, 5^0 cu,yj, y/}KW -^3 Yf\H5llQ ^3 yAA/7^6, If CJl-pi. y^w73?- CM.ijd. YhfJlCc ju^ ym m CHyefOroae Boi (6 (2730 Kelley Parkwny) Cryrtal Bay, MN 5S323 (9S2) 24M«00 License Year Date Received Fee Paid 9^ Initials lu> Garbage &, Refuse Collector's License Application ****i^*^***^ '*^i*h** to operate the indicated business in the City of Orono and herewith makes ^iplications for a Address 14000 Veit Place Rogers MN 55374-95di (Street) Business Phone Number 763-428-2242 (City)(Sute)(Zip code) Applicant's Name Steve Raleren Address 14000 Veit Place Rogers MN 55374-9583(Street) Phone Number 763-428-2242 (City)(Sate)(Zip code) Check One:Individual Partnership XX Corporation Nimiber of Vehicles to be used in Orono 3 _____ Description of Vehicles (attach list if more): M&L Gross wt Rear Axle Wt. See Attached Size/Yards License Number General area of City served As Requested SchethileofCoUection charges/dates Varies by size » see attached Approximate number of customers in Orono LocatkmofdunqMiigarea Vonco II 15301 140th Ave SE decker, MN 55308 IN ORDER FOR THIS APPLICATION TO BE PROCESSED, YOU MUST INCLOSE THE FOLLOWING* ■ Surety bond in the amount of SI,000. • Proof of insurance in die amount of SIOO.OOO - $300,000 - $50,000 and 10-day cancellation clause ■ Annual fee is a SSjyjfl flat rate fee, plus $15.00 uer truck, and a S30.00 transfer fee (If applicable). * above business and I have paid all license fees and taxes required by law. I have /wiki teve Halgren 6/29/2005 Date OR^TTY USE ONLY: After review of application, staff recommends; .i^Approval - • -Denial Other (specify) Signature of Cify Official 1 City of Orono 2005 Veit Container Corporation dba Veit Dieposal Sy steme CMy of Orono • 200056/06 License Veer 1098 Loaded Oroee MakeWelgM Rear Axle Co.Veh WeigM « Size/ Yards 1906 1096 Mack 46 Mack 48 Mack 4C StLIcenee Plate# I • • • II !i • I 121 121 121 130 10.20,30,40 167 10.20.30.40 168 10,20,30,40 YAP6173 YAR3013 YAF0278 m » <• V -A - .f-: A.-;/' . • ''''■'Vi f r-'ii -■ •T- ,t vv 'r)..’ Jm Vek Container Corp dba VM Oispoeal Systems Pagel m 07105/2005 p '0* o CITY OF ORONO SPECIAL EVENT PERMIT Date Issued: Date of Event: Time: July 11,2005 Saturday, July 16,2005 5:00 p.m. - Midnight Name of Person(s) And/or Organfatation Sponsoring this Event: Cindy Wagener 1420 Bohn’s Point Road Orono, MN 55391 Phone: 952-797-1341 / Location of Event: 1420 Bohn’s Point Road Type of Event:Reception and live music for approximately 100 guests The following documents are required and on file at the City Administrative Offices: • Approval from Orono Police Deparunent • A(^>roval 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 concenu diat are not immediately resolved by the permit bolder or a represenutive of the permit bolder. This revocation shall cause die immediate cancellation of the event originally authorized by this permit • By acceptance of this special event permit, the permit holder, on behalf of any and all organizations and private persons granted authority to operate unto the special event permit agrees to indemnily and bold hannIeM the City of Orono from all claims arising from said event The permit bolder, all organizations and private persons exercising audiority unto this permit do waive and release all claims against the City of Orono, its officers or engiloyees for any damage to person or property arising from the exercise of privileges granted by this permit and agrees to bold ha^ess 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 date of the event purpose of the party, hours the music will play, and the contact name and phone munber of a live person (not voice mail) wlx> has authority to resolve complaints during the event (i.e. decrease ampliTication of naisic in case of complaint) and to address any questions or concerns prior to the event. • All music must end by 11:00 p.m • If alcohol is available, no alcohol may be served to any person under 21 years of age. • Parking is restricted to one side of Bohn’s Point Road and one side of Bohn's Point Lane and “No Parking’’ signs must be posted. • Ensure access is maintained to all homes - no driveways to be blocked. • Permit holder is responsible for inspecting the area after the event and repairing any damage caused by parking, removing any event-related signs, and cleaniqi of any event-generated debris. Approved at City Council meeting on: July 11,2005 (City Seal) Ronald J. Moorse, City Administrator 2750 Kelley Parkway, P.O. Box 66, Crystal Bay, MN SS323 Phone: 952-249-4600 / Fax: 952-249-4616/www.ci.orono.mn.us I I ChMil NuffllMr EmplovM Nam* 004471 MOORSE, RONALD J. 004472 SILUS, BARBARA G 004473 VEE. LINDAS 004474 KUEHN, THOMAS M. 004475 OLSON, RONALD J 004476 PETTIT. SANDRA K. 004477 ANDERSON. BRUCE L 004478 BOBZIEN. SUE A^ 004470 BORIS. SCOTT W. 004480 BUDIG. STACIE M 004481 CORNICK, JAMES L 004482 DAY. SUSAN J. 004483 DEMBOUSKI. JAYC. 004484 FISCHER. CHRISTOPHER K. 004485 GOOO.STEPHANYR. 004486 MCNICHOLS, DAVID L. 004487 RUSSETH. KYLE M. 004488 SCHOENHOFF, JOM4 B. 004480 STENSRUD. CHAD R. 004400 TOEWE. KIMBERLY D. 004401 TOMCHECK, LAVmENCE F. 004402 TOMCZYK.MARKW 004403 WHITE. ANTHONY J. 004404 WITTKE. ANTHONY A 004405 KU8ZCZ.DAVI0A 004406 PHARO. CHRISTOPHER M 004407 CURTIS. MELANIE 034408 GAFFRON. MICHAEL P. 004400 GAPPA GREGORY A 004500 GOBS. WILLIAM R 004501 GUNOIACH, JANICE J. 004502 MEYER, WHXIAMC. 004503 OMAN, LYLE E. 004504 OEBAERE, DONALD L 004505 FASCHMG. GREGORY P. 004506 VOID 004507 OBERAIQNER. SCOTT G 004506 OBRIEN. RANDY L. 004500 PALMER. GREGORY A 004510 RATHBUN, BARRY J. 004511 HANSEN. STEVEN 055167 DODGE, RACHEL M 055166 LESKMEN. DENISE M 055160 BOBZIEN,SUEA 055170 BORIS, SCOTT W. 055171 ERICKSON, KURT R 065172 FARNIOK. CORREY L 056173 FISCHEMCH.DANT. 055174 MA080N, ADRIENNE M. 055175 MCNICHOLS. DAVID L. 055176 MOROWCZYNSKI, JAMES 055177 PERSEa, OMUMM R 055178 TOMCHECK. LAWRENCE F. 055170 QAFFRON.MICHAELP. 055180 DAMN, LYLE E. 065181 VANG, BRUCE L. 055182 GREGORY, JAMES 0 066163 VON) 056164 OBRIEN.RANDYL Pay PaHod 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 CITY OF ORONO © Check register Chtclt Amount Ctiock Date Chock Status $2,369.44 $580 15 $1.11043 $1.40918 $1,231 14 $1,094.24 $1,902.19 $85500 $20 00 $86382 $1,55277 $1,335.74 $2.41285 $1.52831 $2,002.80 $1.100 00 $1,782.99 $1.74828 $1.396 68 $1,336.07 $900 00 $1.469 00 $1,301.30 $T.458.43 $592 39 $927 95 $1.183 05 $125.00 $1.820 42 $1.096 46 $1.302 57 $582.00 $1.400 00 $1.797 36 $931.60 14 $1,435.53 14 $550 00 14 $400 00 14 $200 00 14 $875 00 14 $1.08989 14 $93900 14 $68.87 14 $1,686.74 14 $1,714.42 14 $1,905.25 14 $1,616.18 14 $82360 14 $63164 14 $1.749 53 14 $288 74 14 $480 56 14 $1,438 95 14 $356 78 14 $1.38508 14 $874.46 14 $0.0074 14 $447.15 7/6/2005 Outstanding 7/6/2005 Outstanding 7/6/2005 Outstanding 7/6/2005 Outstanding 7/6/2005 Outstanding 7/6/2005 Outstanding 7/6/2005 Outstanding 7/6/2005 Outstanding 7/6/2005 Outstanding 7/6/2005 Outstanding 7/6/2005 Outstanding 7/6/2005 Outstanding 7/6/2005 Outstanding 7/6/2005 Outstanding 7/6/2005 Outstanding 7/6/2005 Outstanding 7/6/2005 Outstanding 7/6/2005 Outstanding 7/6/2005 Outstanding 7/6/2005 Outstanding 7/6/2005 Outstanding 7/8/2005 Outstanding 7/6/2005 Outstanding 7/6/2005 Outstanding 7/6/2005 Outstanding 7/8/2005 Outstanding 7/6/2005 Outstanding 7/6/2005 Outstanding 7/6/2005 Outstanding 7/6/2005 Outstanding 7/6/2005 Outstanding 7/6/2005 Outstanding 7/6/2005 Outstanding 7/6/2005 Outstanding 7/8/2005 Outstanding $0007/6/2005 Void 7/6/2005 Outstanding 7/8/2005 Outstanding 7/6/2005 Outstanding 7/6/2005 Outstanding 7/6/2005 Outstanding 7/6/2005 Outstanding 7/6/2005 Outstanding 7/6/2005 Outstanding 7/6/2005 Outstanding 7/6/2005 Outstending 7/6/2005 Outstending 7/6/2005 Outstanding 7/6/2005 Outstanding 7/6/2005 Outstanding 7/6/2005 Outstanding 7/6/2005 Outstanding 7/6/2005 Outstanding 7/6/2009 Outstanding 7/6/2005 Outstanding 7/6/2005 Oidstanding 7/6/2005 Oidstanding )05 Void 7/6/2005 Outstanding 07/06/05 7;06AM i^age 1 P.Ol UlPMf • JUl 1 1 2005 Cli y OF ORONO r /' 1 * F-. ' i r h‘ 'IV,1- »* u ^"»v f ’ CMck iiumbtf Emptoy—Hwn# 055185 055166 055187 055188 055180 055180 055181 055182 055183 055184 055185 055186 055107 PALMER. GREGORY A. RATHBUN. BARRY J. 8KREEN. DALE S. ElOUM. PHILIP JENSEN.RODNEYW MONTYRE. WH.UAM E. PEICKERT.GARYJ. ROSS. X)HN A SCHNEIDER. LLOYD SMYTH. KATHERINE R. STEFFENHAGEN. RONALD STORK. JOHN T. HANSEN. STEVEN 14 14 14 14 14 14 14 14 14 14 14 14 14 -«i-i.- vti-' r CITY OF ORONO check register ClMck AmoufiC Chock Dato Chock StaluB $1.01509 $1,184.74 $1.132 29 $122.63 $347.63 $251.45 $367.06 $136.32 $154.67 $169 66 $1,409.23 $276 95 $249.66 7/6/2005 Outstanding 7/6/2005 Outstanding 7/6/2005 Outstanding 7/6/2005 Outstanding 7/6/2005 Outstanding 7/6/2005 Outstanding 7/6/2005 Outstanding 7/6/2005 Outstanding 7/6/2005 Outstanding 7/6/2005 Outstanding 7/6/2005 Outstanding 7/6/2005 Outstanding 7/6/2005 Outstanding $72.336 96 dilBlii 07/06A)5 7.06 AM Page 2 i--JV-? •"'i ‘V. \ : » *.’• . ,-.r> ' 'vVJ e • i - ^ ^ ill til mnutirfBftimit fhiwaiaur cmroFORONO clMck rtgitter Check Pay CfMClC Chack Number Eeiploiree Name Ptflod Amount Data Chack Statm 05S196 PETERSON. BARBARA 7 $323.22 7/11/2005 OuteUnding 055199MCMIUAN. ELIZABETH T.7 $259.36 7/11/2005 Outstanding 055200MOORSE, RONALD J.7 $36940 7/11/2005 Outstanding 055201 SAN8EVERE. ROBERT K 7 $269.36 7/11/2005 Outstanding 055202 MURPHY. JAMES L 7 $269 36 7/11/2005 Outstanding 055203 WHITE. JAMES M.7 1268.36 $1,77006 7/11/2005 Outstanding . .I-V !. . £if . :•>■•• ' X-.: ■ ■• ,.-smmm ,H iB ■ ' ■;: ;;c' * ; - : \ •>> ^ 07/08A>5 7:12 AM Page 1 cmroFORONo *Check Detail Registei® 07/OaA)5 9:59 AM Pag«1 JULY2MS Comment_________________________________________CItecfcAiiit 1100 Pi__________________ ■M 001227 7/0/2005 FIRST NATKWM. BANK Of LAKES 0101.21701 FedwalWMthoWing 110 615 02 O10M.703 FICAT-wiS, O101217W FB*t«w««iioU«, ToMI FIST MATWHAfAIIK OF LAKES “$20.332 18 Pa/dChki 061228 7/6/2005 iCMA RETIREMEMT TRUST - 457-------- 0101-21705 OlfwrReliremenl ToM tCMARETSIEIIENTTRUST.457 l>aUCMii OBiSo $1.16862 $1,168.62 >/B/200 1^ LAW ENFORCMENT LABOR SERVICE $0000101-21707 Union Dues Tew law EIWORCMEliT LABOR SERVICE 081230 7/W2005 MN OEPT OF REVENUE 0101-21702 Slate WNMioidins Tow UN OCRT OF REVENUE ^ CMd 081231 $0.00 $4.51294 $4.51Z94 MM STATE RETIKfiMENT SYSTEM 0101-21718 Pott Employment HeaMi $32049 Tow HN STATE RETNIEMENr SYSTEM CMi* 0S1232 $320.49 NATIONWIOe RETIREMENT SOLUTION 0101-21705 Other RetlremetB 0 101-21705 Other Retlremenl Tew NATIOMmOERETWEMENT SOLUTION 7/80005 52.005.00 $159 96 $2,154.96 Tmnoos ORCNARO trust CO.TRUSTEE/CUSt 0101-21705 Other Riliremoni $3 032 68 TeW ORCNARO TRUST CO.TRUSTEE/CUST $3,032.68 ^ewchw 001234 ilimos pwuc employees ret 0 101-21704 PERA 0101-21704 PERA Tew PUiUC EMPLOYEES RETIREMENT >8id6M osi^ $13,627.28 ^M«00$ UMTEOWAY 0101-21708 UnIMWay ToW UMTEOWAY $86.00 $06.00 FundSummsry 101 OENERAL FUND 1S10S Primary Caeh $45,285.15 10100 Primary Ceah 545.265.15 545.265.15 f... y-•. .' . ' 4:,:-■ ■•3 -ary FEDERAL W/H FICA & MEDICARE W/H FICA 5 MEOCR CITY SHARE - DEFERRED COMP-302030 UNION DUES #40 6 #168 STATE TAX W/H post retirement USCM-ENTITY 2339 06RA#2343 MN STATE RETIREMENT PERA CITY SHARE PERA EMPLOYEE W/H CHARITY DONATIONS i ■ ■ er-.;CITY OF ORONO *Check Detail Register® 07/08A>5 9:54 AM Pagel JULY200S Chack Amt kivotea Commant 10190 Prknary Caah PaW Chki 091220 7/1/2005 WHITE, TONY E 101-421KM37 Training & DavalopmanI Tout WHITE, TONY ($39 15) 6/13/05 ($3915) Void Chack 81220 Paid Chkf 091220 0/29/2005 MN DEPT OP HEALTH E 001-49400-441 Ucansa* & Taxat Tout MN DEPT OF HEALTH $23 00 O'Brien Operator License • O'Brien $23 00 Paid ChMI 081230 7/11/2005 AJ. GALLAGHER 0 CO OF MN, INC E 013-4B030*370 Insurance/tgant ol Record $90 00 E 101-41900-370 Insurance Agent of Record $640 00 E 10142110-370 Insurance Agent ol Record $1.000.00 E 00249450-370 Insurance Agent ol Record $215 00 E 00149400-370 Insurance Agani ol Record W500 ToUl A4. GALLAGHER 9 CO OF MN, INC $2,100 00 145630 145630 145630 145630 145630 3rd (3tr Insurance Agent Fee 3rd Qtr Insurance Agent Fee 3rd Qtr Insurance Agent Fee 3rd Qtr Insurance Agent Fee 3rd Qtr Insurance Agent Fee Paid diMi 061237 7/11^005 ACCtNUNT E 10142110-311 DaU Processing Communicalion Total ACCURIHT $30 00 129729120050 Database Access 6/2005 $30 00 Paid Chki (W1238 7/11/2009 ADVANCED MAOING SOLUTIONS E 10141900413 Office Equipment Rental $741 81 39985288 Copier Lease - 6/15/05-7/15/05 Total ADVANCED MMOINO SOLUTIONS $741.61 Paki dhMI 081239 7/11/2005 ALL STAR ELECTRIC E 60240490406 RopaIrsMaint-Swr InasAMIs _$6517 9125 Ls#7 Total AU STAR ELECTRIC $6517 ?^aid £hkoli81240 7/11/2009 ANCHOR PAPER E 10141900-201 Office suppkas $61560 10009457 Copy Paper Total ANCHOR PAPER $61580 ^ald<^ 081241 7/11/2009 ANDERSON, KRISTI E 10141300-310 Othor Profaesional Sorvicas $275 00 6/27/05 CC Minutes • 6/27/05 Total ANDERSON. KRISTI $275.00 E 10141900-201 Offloa auppllea E 10141900-201 Offloa s upgilat E 10142110-201 Offloa s uppkas E 10141900-201 Offloa suppliet TaUI ARAMARK REFRESHMENT SERVICES $63.85 6013478435 $59 95 6013-480154 S4.95 6013-480155 S59.9S 8013-480156 FiHar Coffaa-PW Coffee Sennce Coffee-CH $188 70 ^2d^*r06i243 7/11/2005 ARROWWOOO RESORT E10141500437 Training 8 Oevalopmart E 10141500-437 Training 8 Davalopmant Total ARROWWOOO RESORT $217.26 Kuahn $217.26 Oleon Lodging - MN GFOA Coni Lodging - MN GFOA Conf $434 52 7/11/2005 /mOIES MOMLE CHEF G Concessions Fu Raaala-TN>I $62.22 21702 $62 22 Pm Chkff 081244 E 81341 Total AUOIESMOWLECHEF ?U6*ioil245 >/^1/20M AUTOMATIC SYSTEMS CO. E 80240490-403 Rapalra/Maint-Miac Equip $601.63 16677 E 60140400-403 Ropairs/Maint-Miac. Equip $236.60 16705 E 60240490-403 Rapalra/Malnl Mlac Equip $236.60 16709 Hot Dogs. Hamburgers SCAOA - Forest Lake LS Scada Communicalion Errors Scada CommurMcabon Enors r CITY OF ORONO 07/0am9 54AM P4ge2 *Check Detail Registei® JULY200S ■■fib Invoke Coffiment Total AUTOMATIC SYSTEMS CO.$1.07483 PMOM 081246 7/11/2005 BANYON DATA SYSTEMS E 601-49400^1 Repairtiyiaint-Office Equip E 60249490401 RepairsAlaInt-Office Equip E 65149910401 Repairt^yiaintOfAce Equip E 10141900401 Repairt4yiain«-Omce Equip Total BANYON DATA SYSTEMS 192 50 12796 $277.50 12796 $370 00 12796 $1,77226 12795 Annual Support Annual Support Annual Support Annual Support $2.51226 PaU ChM 081247 7/11/2005 BEACK, SCOfl" E 613-49900^5 Pro SI«op llemt For Rcute $250 00 560606 Golf Bans Tow BEACK, BCOTT 9250 00 ^Chkf 061248 7/11/2005 BIFFS INC. E 101-45200-415 Othor EquIpnwnI Rentals E101-45200415 Other Equipment Rentals E 10145200415 OSier EquipmervI Rentals E61340SS0415 Other Equipment Rentals E 10149200415 Other Equipment Rentals E 10145200415 Other Equipment Rentals Total BIFFS INC. $132 62 $132 82 $132 82 $6641 $6641 $206 91 W257601 W257602 W257603 W257604 W257605 W257606 Portable Portable Portable Portable Portable Portable Bederwood Summit Beach Hackberry Orono GC Crystal Bay Navarre $736.19 Paid Chkf 081249 7/11/2005 BREEZYPOINf E 10142110437 Training 8 Developmefil Total BREEZY POINT $480 00 Boris Lodging - AMEM Conf-BorB $480.00 ^aidChki 0il250 7/11/2005 BUDGET PRINTINO E 10142110-201 Offioe supplies $662 4780 Tags 512 Total BUDGET PRINTINO $6.62 Paid CIM 081251 7/11/2005 BUFFALO BITUMINOUS INC. E 1014300U-224 Street Maint Matertals/Supply $666 27 2731 Total BUFFALOBITUMINOUSINC. $666 27 Patch Paid Chkf 081252 7/11/2005 CECTS SIGNS E 10143000-222 Vthicia Equipment 8 Parts E 10143000-222 Vahkla Equipmant 8 Parts Total CECrS SIGNS $80.00 2295 $90 00 2304 Vahicat Graphics Vehical Graphics $170 00 TaTCMoFSSiSn 7/ii«oo5 centerpoint energy C W141900-361 OesAEtsdric E 10142110-381 GesSEIscMc £00149400-301 GesSEIecitic E 10141900-361 OesAEIscIlfC E 00149400-381 OesSEIecMc E0024M50-381 GasSEIscMc £00249490-361 OesOEIscMc £61349630-301 OesAEIscitfc E 101-42260-301 OesAEIscMc S65.S2 S53.K) S9.63 $5902 $51626 $1251 $29.49 $22.75 $164 96 060006750600 Gas Service 060006750600 Ges Service 060006750600 Ges Service 060006750600 Gas Service 060006750000 Gas Service 060006790600 Gas Service 060006750600 Gas Service 060006790600 Gas Service 060006750600 Ges Service ToW CENTERPOMT ENERGY $935 94 ^aidChW oilSii' 7/11/2665 BAN POWSER ELEC1RIC. INC E 10142110-403 RapairsMaM-Msc. Equip $125.00 1319 Total BAN POWSER EUCTRIC. me $129.00 Winng-PO Pad CMW 0i1295 >/11/2o66 BAY iMmBUTBIO CO. EOIMOOOOOOI Beer For R«da $6100 319765 Baer for Resale it' CITY OF ORONO *Check Detail Register® 07/08/05 9 54 AM Page 3 JULY 2005 Check Amt Invetce Comment Total DAY OISTRieUTING CO.S61.00 Paid Chk« 081256 7/11/2005 DEPT OF AOM • MTERTECH GROUP .E 101-42110-321 Teiephone Total DEPT OF AOM-MTERTECH GROUP $37 00 DV05050278 PVC 5/2005 $37.00 Paid Chkf 081257 7/11/2005 DEPT OF PUBLIC S/tFETY E 101-42110-311 Data Prooesfing Communication _ Total DEPT OF PUBLIC SAFETY $510 00 MN02715005L CJON - 2nd Qlr 2005 $51000 Paid Chk# 081258 7/11/2005 E-Z RECYCLING E 101-43270-316 Contract Recycling Ptckup Total E-Z RECYCLING $6,784.96 8210 Recycling Service 7/2005 $6.784 96 Paid Chki 081259 7/11/2005 EARL F. ANDERSON S ASSOC. E 101-43000-224 Street Maint Materials/Supply $59 64 65930 Street Sign Total EARL F. ANDERSON S ASSOC.$59 64 Paid ChMt 081260 7/11/2005 EMERGENCY MEDICAL PRODUCTS, IN E 101-42110-221 Equipment Parts 8 Accessories $6,474 42 703061 E 101-42110-221 Equipment P kc's & Accessories _________ Total EMERGENCY MEDTA* PRODUCTS, IN $6,567.34 $9292 704733 Medical CupniM* Medical Sjppiie* % Paid Chki 081261 7/11/2005 EXCELSIOR FIRE DISTRICT E 10M2260-31SFire Servioet $35,781.13 6/27/05 3rd Qr. :r005 • Fire Servicei Total EXCELSIOR FIRE DISTRICT $35,781 13 Paid Chki 081262 7/11/2005 FARMOK, CORREY E 101-4211CM37 Training 8 Devalopmenl $3595 4/12A)5 Bookt for Mm Staff Total FARNIOK, CORREY 135.95 Paid Chkf 081263 7/11/2005 G 4 K SERVICES E 10143000-226Clolhing & penonal equipment $82 88 1006470463 Unrformt E 61340630-226Ciothifig 6 pertonal equipment $6 02 1006470463 Uniformt E 60240450-226Dothmg 6 pertonal equipment $41 40 1006470463 Uniforms E 60149400-226Clolhing 6 pertonal equipment $1380 1006470463 Uniforms E 60140400-226Clolhmg & pertonal equipment $1429 1006476782 Uniforms E 61349630-226Clothing & pertonal equipment $6 02 1006476782 Uniformt E 60240450-226Clothing & pertonal equipment $4287 1006476782 Uniformt E 10143000-226Clothing & pertonal equipment $85 71 1006476782 Uniformt E 10143000-221Equipment Pant A Accettociet $50 96 1006476782 Shop Towelt E 10143000-403RepairtA4aint-Miec Equip $06 96 1006483024 Mat Service - PW E 10143000-226Clothing 6 pertonal equipment $6678 1006463024 Uniformt E 61349630-226Clothing 6 pertonal equipment $6.02 1006463024Uniformt E 60240450-226Clothing & pertonal CMtMpment $44 40 1006463024 Uniformt E 60140400-226Clothing 6 pertonal equipment $14.60 1006463024 Uniformt Total OAKSERVICE8 $596 93 Paid Chldi 061264 7/11/2005 GALL'S MC.oUlslU111$67 09 577567760101 DiglilCamen Total GALL'S INC.$67.09 Paid Chki 061265 7/11/2005 GOOD. 8TEPHANY E 101-42110402 11$775 5/27/05 Squad Wath E 10142110-226Training SuppUet $11 00 5/27/05 Lubricant E 10142110-201Ofhoe luppliet $6582 5/27/05 Frankkn Planner E 101-42110430Meeting Eapentet $46 88 5/27/05 Workirtg Luf>ch % !• CITY OF ORONO *Check Detail Register® 07/06/05 9:54 AM Page 4 JULY 2005 Ctieck Amt Invoice Comment E 101-4211(M37 Training 6 Development E 101-42110-433 Membemhipt 6 Subscriptions E 101-42110-437 Training & Development E 101-42110-437 Training & Developmenl Total GOOD. 8TEPKANY $275.46 5/27/05 $60.00 7/1/05 $176.33 7/1/05 $150 00 7/1/05 Chiefs Conference FBINAA Dues Lodging • FBI Training FBI Training $792.74 Paid Chki 061266 7/11/2005 HAWKINS CHEMICAL E 601-49400-216 Chemicals and Cham Products Total HAWKINS CHEMICAL $2,353 82 721479 Chemicais $2,353.82 Paid Chki 081267 7/11/2005 HENNEPIN COOP SEED EXCHANGE E 101-43000-224 Street Maint. Materials/Supply $34613 101877 Herbicide Total HENNEPINCO-OPSEEDEXCHANGE $346.13 4 Paid Chk# 061268 7/11/2005 HENNEPIN COUNTY INFOR TECH DPT E 601-49400-321 Telephone $53.49 25058070 PW Radios Total HENNEPIN COUNTY INFOR TECH DPT $5349 Paid Chk« 061269 7/11/2005 HENNEPIN COUNTY TR-TAX PYR SRV E 601-49400-352 Printing 8 Publishing $50 00 6/24X)5 Mailing List - Nav Tomr Total HENNEPINCOUNTYTN-TAXPYRSIIV $50 00 Paid Chk# 061270 7/11/2005 HENNEPIN COUNTY TREASURER-JAIL E 101-41600-309 Jail Charges $402.50 1026 Total HENNEPINCOUNTYTREASURER-JAIL Room adn Board 5/2005 $402.50 PaiddWf 061271 7/11/2005 HINSHAW A CULBERTSON E 101-43280-307 Legal-Consulting $1,542 09 10475643 April Applications E 101-43280-307 Lagal-Consulling $6000 10475643 VYiknan-Spring HHI Estates E 101-43280-307 Lagal-Consultng $3,458 25 10475643 Stone Bay Lofts plat 053081 E 101-42110-307 Lagal-ConsiXbnrf $78.00 10475644 Police Shooting Range E 101-41600-307 Legal-Consulting $98 08 10475644 Holtander Haz Bldg E 101-41600-307 Legal-Consuking $65 00 10475645 Demuth Stonebridge Violation E 101-43290400 Special Projects, Contingency $532 72 10475645 Big Island Veterans Camp E 101-41600-307 Legal-ConsuNing $2600 10475645 MSA OCB Rdto Fox E 101-41600-307 Lagal-Consuiting $338 00 10475645 Natoon/Camon Vacated Oak PI E 101-41600-305 Lagal-Ratainer $1,300 00 10475646 Council Mtgs Apr 2005 E 651-49910-307 Lagal-Consulling $1,243 98 10475659 Bkch Lane St Swr Total HINSHAW A CULBERTSON $8,742.12 Paid Chki 061272 - 7/11/2005 HOOK.JUUAN E 10M3290400 Special Projects, Comingency $1,393 00 6/7/05 Eknarood Alley Vacation Total NOOK, JULIAN $1,393.00 Paid Chk# 061273 7/11/2005 IAAR8 E 101-42110437 Training 8 Developmenl $250 00 Anderson Accident Reconstruction Conf Total lAARS $250.00 Paw Chki 001274 7/11/2005 BENTAOmiO E 101-42110-311 Data Procaukig Communicalton $75 00 S5661 Web Site Aceaaa Total BeNTAOMUO $75.00 p^Mniea 0ii97a 7/ii/9nns lome E 101-42110-310 LOGIS-Applications $1,958.00 25668 Police Records - 5/2005 E 101-41900-329 Other Communicalions $321 50 25688 Internet - 5/2005 E 101-42110420 Other Communications $321.90 29666 imarnet - 9/2005 E 101-41900-311 Data Prooeeaing Communicaiion $3100 29686 rmnn wiy uumwcuuii cmr OF ORONO *Check Detail Register© 07/08/05 9:54 AM Pages f JULY 2005 E 101-41900-401 RapaktAllainl-Offlc* Equip $135.00 25739 Network Maint E 101-42110-401 RapairtnMalnl-Offlc* Equip $135.00 25739 Network Maint Total LOGIS $2.902 00 PaMCIMI 061276 7/11/2005 LOUCKS ASSOCIATES E 10143280-304 Engineermg-Consulling $1.200 00 15740 interspace W AppI 05-3080 Total LOUCKS ASSOCMTES $1.200 00 PaM Chk# 061277 7/11/2005 MCLEOD USA • PHONE BILLS E 60149400-321 Telephone $24.48 656204 Phone Service E 602-49450-321 Taieplwne $46.12 658204 Phone Service E 601-40400-321 Tatophona $49 62 658204 Phone Service E 101-41900-321 Tatephona $514.17 656204 Phone Service E 101-42110-321 Tatophona $220.36 658204 Phone Service E 602-49450-321 Tatophona $57.13 658204 Phone Service Total MCLEOD USA-PHONE BILLS $911.68 ^aid dhk§ 061278 7/11/20Cj MEEKS. KEVIN E 10143290-800 Special Projects. Contingency $1.03166 6T7/05 Elmwood Alle> Vacation Total MEEKS. KEVIN $1,031.66 PaM Chk# 081279 7/11/2005 MICHAEL OTOOLE ENTERPRISES E 10143290-800 Special Protects. Contingency $1,167.00 6/7/2005 Elmerood Alley Vacation Total MICHAEL OTOOLE ENTERPRISES $1,167.00 !' PoidChIci 081280 7/11/2005 MIDWEST ASPHALT E 101-43000-224 Street Maint Materiali/Suppty E 101^3000-224 Street Maint. Materiatt/Supply Total MIDWEST ASPHALT $693.99 73062MB $657.64 73109MB Patch Patch $1,351.63 Paid 6hkf 0B1281 7/H/2005 MKMMEtT COCA COLA BOTTLING CO E613^990(M)92 Son Drink* For RaMte $133 80 81083103 Soda for Resale Total MIDWEST COCA COLA BOTTLING CO $133.80 PM ChMI 081282 7/11/2005 MIDWEST FUELS G 101-14101 GasoKne Inventory E 101*43000-212 Motor Fuels 8 Lubricants Total MIDWEST FUELS $4,762.62 26740 $1,879.47 26740 2.401 Gals Unleaded 932 Gals Diesel $6.642 09 7/11/2005 MINNEAPOLIS OXYGEN COMPANY 224 Street Maint Materials/Supply _____$34.68 RI05050830 PakfChkO 081283 E 101*4300 Total MINNEAPOUSOXYGENCOMPANY Cyinder Invoice $34 68 PaM CIM 081284 7/11/2005 MN DEPT OF HEALTH • CON FEE 0601-20802 Duatooovte-Stala $1.207 00 1270041 Water Supply Con Fae • 6/2005 Total MN DEPT OF HEALTH-CON FEE $1,207.00 PaM dM 061285 7/11/2005 MR AINME8 COFFEE SERVICE £613-49000092 SoR Drinto For Rotate $49 50 21647 TaM MR AUOIES COFFEE SERVICE Cofiee for Resale $49.50 raw 081286 7/11/2005 MTIDISTCO. E 81349830-223 BM^Grounds Maint Supplies Tetal MTIDISTCO. S37 89 48367S4X) Supplies S37.89 PMOM 081287 7/11/S MULLEN MARINE 1 E 10145200-223 BidoK^roufids IRiini. Suppies $208.74 5TI7/05 Dock Sections ie CITY OF ORONO 07/08^)5 9:54 AM . Page 6 *Check Detail Register® JULY 2005 Cliecfc Amt Invoice Comment E 101-45200-223 Bkig/Groundt Maint Supplies E 101-45200-223 Bldg/Grounds Maint SuppNet Total MULLEN MARBiE 8484.57 5/24AI5 $692.25 5/4/05 Dock Sections Dock Sections $1.385 56 PakJOiki 081288 7/11/2005 NAVARRE HARDWARE E 101-42260-240 SmaN Tools and Minor Equip E 101-42260-221 Equipment Paris 8 Accessories Total NAVARRE HARDWARE $351 40 151568 $4837 151780 Weber GnII Kitchen Supplies $399.77 Paid Chki 001289 7/11/2005 NEXTEL COMMUNICATIONS E 101-42110-321 Telephone Total NEXTEL COMMUNICATIONS $842 62 506573311 Phone Service $84262 Paid Chki 061290 7/11/2005 NOMAD INTERNATIONAL E 613-49830-221 Equipment Paris 8 Accessories Total NOMAD INTERNATIONAL $35 48 13905 Putter $3548 Paid Chki 081291 7/11/2005 NORLINO'8 E 101-45200-404 Repairs^Maint-Bldgs/Grounds Total NORLING'S $570 00 20204 Fence Repair • Nav Water $57000 Paid Chki 061292 7/11/2005 NORTH AMERICAN SALT E 101-43000-224 Street Makit. MatertaB/Supply $4,047.10 11246127 Total NORTH AMERICAN SALT $4,047.10 Road Sait iki 061293 7/11/2005 OCCUPATIONAL MEDICINE CONS LTD E 101-42110-319 Other Professional Services $909 50 8884-00 Total OCCUPATIONAL MEDICINE CONS LTD ' $909.50 Pre Employment Exam-Pharo Paid dci 061294 7/11/2005 Of FICE DEPOT E 101-42110-201 Omoe supplies E 101-41900-201 Omoe supplies E 101-41900-201 Office supplies E 101-42110-201 Ofiloe supplies $161.27 293569804 $161.28 293569804 $77.63 295266920 $77.83 295266920 Office Supplies Office Supplies Office Supplies Office Supplies Total OFFICEDEPOT $47821 Paid Chki 081295 7/11/2005 OTTEN BROTHERS E 651-49910-227 Utility System Maint Supplies E 101-43000-224 Street Maint Materials/Supply Total OTTEN BROTHERS $83.07 6/20/05 $31.68 6/3X)5 Top Soil. Sod Sod $114.75 Paid Chki 061296 7/11/2005 POST BOARD E 101-42110-441 Licenses 8 Taxes Total POST BOARD $45 00 7/8/05 Pt Police Officer License - Ph $4500 081297 7/11/2005 niANUE OFFSET E 101.41000-201 onto* Mipplin TaM MUMC OFFSET $23149 122126 Business Cards $23149 A pU£mJ (iiSsB 7/11/2005 FlUmE RESTORATIONS me. E 101-45200-404 RtpairaMpM.aMg4/Gra«inds $139 40 95340 Spot Mow • Fr Creek Park Total PRABBE RESTORATIONS me.$13940 Pad Chki 061299 E 101-4190 7711/3 PROTECTION ONE $179 00 12677951 Alarm Service - 7/1-973(V05 Total PROTECTION ONE $179.00 A uM.. IB41 '.15 siaa 9* • » CITY OF ORONO 07/0aWS9:54AM P*0«7 *Check Detail Register® JULY 2005 Me^ Amt Imrotee Comment Paid CMC# 061300 7/11/2005 PRUDENTIAL LIFE INSURANCE 0101-21710 Life Inturance $65.26 96234 0101*21710 Life Insurance Total PRUDENTIAL LIFE INSURANCE $650 40 96234 Life Insurance 7/2005 Life Insurance 7/2005 $735 66 Paid Chki 061301 7/11/2005 QUALITY FLOW SYSTEMS INC. E 602-49450406 RepairsAHaint Swr lines/lifis $22698 15566 Total QUAUTY FLOW SYSTEMS INC. $228 98 LSMaint-LS #3 Paid Chic# 061302 7/11/2005 QWEST E 61349630321 Telephone $61 31 9524739904 Phone Service Total QWEST $61.31 PaidChk# 081303 7/11/2005 RATHBUN. BARRY E 10143000226 CkHhing A personal equipment Total RATHBUN. BARRY $113 05 6/23/05 Safety Shoes - 2005 $11305 Paid Chk# 081304 7/11/2005 REED VENDING E 61349900093 Concessions For Resale Txbl Total REED VENDING $90 06 4641 Concessions for Resale $90 06 Paid Chk# 061305 7/11/2005 RICKS SUPERVALUE E 61349630221 Ecyuipment Parts A Accessories E 61349900093 Concessions For Resale-Txbl E10142110201 Office supplies E 10142110201 Office suppKes E 10142400439 Meeting Expenses $10 00 6/29A)5 $19 56 6/29/05 $0 82 6/30/05 $517 7/1/05 $75 57 7/6/05 Clubhouse Supplies Concessions for Resale Cleaning Supplies Cleaning Supplies Meals - Lakeshore Tour Total CS SUPERVALUE $111.12 PaidChk# 061306 7/11/2005 SAFETY SIGNS E 10143000415 Other Equipment Rentals E 60249450415 Other Equipment Rentalt Total SAFETY SIGNS $181 58 50757 $214 60 50758 Barricades Barricades $39618 Paid6hk# 061307 7/11/2005 SCHARBER A SONS E 10143000221 Equipment Parts A Accessorias E 10143000221 Equipment Parts A Accessories E 10143000224 Street Maint. Malerials/Supply E 61349630221 Equipment Parts A Accessories $45 43 2046044 $15 50 2048281 $10 67 2049030 $6471 2049275 Chain Chain Misc Supplies JO Parts • GC Tetal SCHARBER A SOm $136.31 PM Chk# 061306 7/11/2005 SECURITY RESPONSE SERVICES E 10142110404 Repairs/Mainl-Bidgs/Grounds $154.54 18022 Tetal SECURITY RESPONSE SERVICES $154.54 PD Door Locks PaidChidP 061309 7/11/2005 SKREEN.OALE E 10143000-226 Clothing L personal equipment E 10141900-221 Equipment Parts A Accessories Tetal 8KREEN.0ALE $97.95 7mm $67.73 7mm Safety Shoes - 2005 Motor>PWA/C $16566 f’eidChk# 06l3lO 7/11«05 STAR TRIBUNE E 10142110-340 General Advertising Tetal STARTRIBUNE $1,067.26 12757006 Adv For Emp - CSO $1.06726 Paid Chk# 061311 7/11/2005 STREICNERS E 10143000-221 Equipment Parts A Accessories $2657 1254766 Batteries CITYOFORONO 07/06/05 9:54 AM • Page8 *Check Detail RegisteitS) JULY 2005 Check Amt Invoice Comment Total 8TREICHER8 $2657 ^aW CMii 061312 7/11/2005 8UPERIOIIWMELESO COMMUNICATK) E 101-43000-221 Equipment Parts 6 AtcesswiM 116.96 10087 Antennas Total 8UPERK)RWIRELE88COMIiUNiCATIO $16.96 Paid Chk# 061313 7/11/2005 THE HOME DEPOT E 10141000-223 Bldg/Grounds Maint. Supplies Total THE HOME DEPOT $150 71 603532200527 Building Supplies $150 71 Paid Chki 001314 7/11/2005 THORPE DI8T CO. E 61349900-091 Beer For Resale Total THORPE DI8T CO. $71 25 377098 Beer for Resale $71.25 Paid CIM 061315 7/11/2005 TOEWE. KMIBERtY E 10142110437 Training & Development $10 37 e/e/05 Meals • Intox Training Total TOEWE. KMBERLY $10.37 Paid Chki 061316 7/11/2005 TOLL OA8 8 WELDINO SUPPLY E 10143000-224 Street Maint Materials/Supply $196 82 357446 E 10143000-224 Street Maint Materials/Supply Total TOUOA8 8 WELOtNG SUPPLY $6 45 476162 Welding supplies Cylinder Invoice $203.27 Paid Chki 061317 7/11/2005 UNITED STATES POSTAL SERVICE E 60140400-322 Postage $60 39 7/6/05 E 60240450-322 Postage $200.96 7/6/05 E 65140910-322 Postage $200 96 7/6A)6 Total UNITED STATES POSTAL SERVICE Postage • 3rd Quarter U6 Postage - 3rd Quarter UB Postage - 3rd Quarter UB $46231 Paid Chki 061316 7/11/2005 VERIZON WIRELESS £10141900-321 Telaphone Total VERIZON WIRELESS $147.01 3616042569 CeO Phones $147.01 Paid dOdP 061310 7/11/2005 WASECA INN 8 SUITES E10142400437 Training 6 Development $69 97 3092 Lodging • Gihbs Total WASECA INN 8 SUITES $69 97 Paid Chki 061320 7/11/2005 WI8WELL,TOM 010M0090 Suspense Account $5,467.95 7/6A)5 Demuth-Replacement Trees Total WI8WEU.TOM $5,467.95 Paid Chki 061321 7/11/2005 WITTRE.TONY E 10142110437 Trainino 8 Dovelopmenl Total WITTKE.TONY $39.15 6/13A)5 Meals - Terrorism Training $39 15 Paid Chki 061322 7/11/2 WRIGHT HENNEPIN ELECTRIC E 10143000-361 Qaa8Elaclric E 60249490-361 Oaa8Elaclric E 10143000-381 Oas8Elactr«c Total WRIGHT HENNEPIN ELECTRIC $33 75 3113009200 $22 79 3113009200 $20 69 5015762900 Electrical Service Electrical Service Electrical Service $77.43 Paid Chki 061323 7/11/2005 XCEL ENERGY E 60249450-361 Gee 8 Electric E61S49630-361 Gaa 8 Electric E 10142110-361 Oas 8 Electric E 10143000-319 Other Proiessional Services E10142360-361 Gas 8 Electric $1,679.28 5169655701 $456 28 5169855701 $9.06 5169655701 $372 05 5160655701 $364 62 5169655701 Electrical Sendee Electric Service Electrical Service Electrical Service Electrical Service « A . CITY OF ORONO *Check Detail Registei^ 07/08A)5 9:54AM Pages JULY2S0S Check Amt Invoice Comment E10M2110-381 GeaAEImM: E 101-43000-306 Street UgMing E 601-49400-381 Gat 6 Electric E10M1900-381 Gat A Electric E101-4S200-381 Gat 6 Electric Total XCEL ENERGY 1608.99 81.351.22 13.758.56 $1.520 55 82319 5169855701 5169855701 5169655701 5169655701 5169855701 Electrical Service Electrical Service Electrical Service Electrical Service Electrical Service 810.36402 Paid OM 081324 7/11/2005 ZARffOTH BRUSH WORKS E 101-43000-221 Equipment Paitt 6 Accettoriet 8468 60 101026 Total ZARNOTNBRUSHWORKS Sweeper Brooms 8466 60 10100 Primary Ceth 8123.516 77 Furid Summary 101 GENERAL FUND 601 WATER OPERATING FUND 602 SEWER OPERATING FUND 613 GOLF COURSE 691 STORMWATER UTILITY OP FUND 10100 Primary Cash 8107.208.61 88.595.44 84.216.43 81.600.28 81.898.01 8123.518.77 , • •;> ' • ■ / , ■ ; ", > 1.• V'J;* -« «■ I ii. '•AM UMAL' ■ w***'-' -»sc/>^ " ^’.Ai • ■• VI- ' > ■•■ iK^-'-*^>‘ ^-•><■ . ■■ - Ts infobmation ITEMS -^'i' «■ COUNCIL MEETING CO^^•^» »*cptiNG JUL ^ ' 2005 CITY OF ORONO OF f - % % To: Date: Sabjcct: Council Mike Gafiron July 8.2005 Wetland Ofdinance In re: Uli’s Thuiaday evening email. I’ve attached the MCWD’s Rule D - the higihlighted sections would seem to make it difHicult for us to vary from the MCWD standards for wetland buffers... •■":: ■ iV'v' : ISMMM i' i.'.;S.'. f^d’' if 'iW-' -f* ■ :■ -'V ;., .■ .« V.- ' * 1- n - MINNEHAHA CREEK WATERSHED DISTRICT BOARD OF MANAGERS REVISIONS PURSUANT TO MINNESOTA STATUTES §103DJ4t Adopted January 13,2005 RULE D: WETLAND PROTECTION 1. POLICY. It is the policy of the Board of Manaaers to: (a) achieve no net loss in the quantity, quality, and biological diversity of Minnesota's existing wetlands; (b) increase the quantity, quality, and biological diversity of Minnesota's wetlands by restoring or enhancing diminished or drained wetlands; (c) avoid direct or indirect impacts from activities that destroy or diminish the quantity, quality and biological diversity of wetlands; (d) minimize direct or indirect impacts from activities that destroy ordiminish the quantity, quality and biological diversity of wetlands; (e) rectify the impact of any such activity by repairing, rehabilitating, or restoring the affected wetland environment; (0 reduce or elimiiuite the impact of such activity over time by preservation and maintenance operation during the life of the activity; (g) ctnnpensate for the impact on the wetlands by restoring a wetland; (h) compensate for the impact on the wetlands by replacing or providing substitute wetland resources or environments. 2. AUTHORITY UNDER WETLAND CONSERVATION ACT AND WATERSHED LAW. (a) The Wetland Conscr\ ation Act, as amended, and its implementing rules as set forth in Minnesota Rules chapter 8420, as amended, specifically including sequencing requirements, are incorporated as a part of this rule and shall govern draining and filling in wetlands in all cases where the District is the local government unit under that Act Wetland replacement, where permitted, shall occur in the same subwatershed as the associated wetland impact. 1 I f n>) Sections 3 and 4, below, are adopted under the District’s watershed airthority and applies wneuier or IKK tfie ^ii ' ' ........... the municipality where theemment unit in excai 3. EXCAVATION. Excavation in wetlands is subject to the following requirements. (a) Excavation is governed by the substantive and procedural standards, criteria and requirements set forth in the Wetland Conservation Act, as amended, and the rules implementing the Wetland Conservation Act as set forth in MinnesoU Rules chapter 8420, as amended, with the exception that replacement for excavation not subject to the Wetland Conservation Act shall be at the ratio of 1 acre of replaced wetland for each acre of excavated wetland. (b) Excavations in wetlands for the purposes of wildlife enhancement must comply, in addition, with the criteria described in the DNR publication "Excavated Ponds for Waterfowl" (1992). (c) Excavation shall be deemed self-replacing if an applicant demonstrates that the wetland to be excavated is de^aded; the proposed activity would increase the wetland’s function and value, as determined using the current version of the Minnesota Routine Assessment Method or other method approved by the District; and the enhanced wetland function and value are lilwly to be preserved. (d) The application shall identify spoils placement on upland and specify how the deposited materials will be stabilized and vegetated. (e) Wetland replacement, where permitted, shall occur in the same subwatershed as the associated wetland impact. 4. BUFFER (a) Any activity for which a permit is required under District Rule C (Floodplain Alteration), D (Wetland Protection), G (Waterbody Structures) or N (Stormwater Management) must provide for a buffer of the following width adjacent to each wetland and public waters wetland: Size of Wetland Width of Buffer Zone 0-1 acre 16.Sfeet 1 - 2.S acres 20 feet 2.S - 5 acres 25 feet 1 >5 acres 35 feet (b) The buffer is required: (1) On that part of the wetland edge that is downgradient from the land distuibance; and (2) Around each wetland that will be disturbed. (c) A buffer shall be documented by declaration or other recordable instrument approved by the District and recorded in the office of the county recorder or registrar befbre activity under the MCWD permit conunences. A buffer on public land or right-of>way may be documented in a written agreement executed with the District in place of a recorded instrument. The agreement shall state that if the land containing the buffer is conveyed, the public body shall require the buyer to comply with this subsection. (d) Buffer vegetation shall not be cultivated, cropped, pastured, mowed, fertilized, subject to the placement of mulch or yard waste, or otherwise disturbed, except for periodic cutting or burning that promotes the heabh of the buffer, actions to address disease or invasive species, mowing for purpores of public safety, temporary disturbance for placement or lepair of buried utilities, or other actions to maintain or improve buffer quality, each as approved by District staff or when implemented pursuant to a written agreement executed with the District. Pesticides and herbicides may be used in accordance with Minnesota Department of Agriculture rules and guidelines. No new structure or hard surface shall be placed within a buffer. No fill, debris or other material shall be excavated from or placed within a buffer. 5. REQUIRED EXHIBITS. The following exhibits shall accompany the C ombined Joint Notitlcaiion (CJN) form. One set - full size; one set - reduced to a nuuiimum size of irxir. (a) Site plan showing: (I) Property lines and comers and delineation of lands under ownership of the applicant; (2) Existing and proposed elevation ctmtours; including the existing rutKMit elevation and flow capacity of the wetland outlet; (3) Area of the wetland portion to be filled. (b) Complete delineation of the existing wetland(s), including data sheets with detailed information on field indicators (soils, hydrology and i vegetation) and summaiy report. Wetland delineations should be performed during the normal growing season for this area of the State (May I • October IS). DelineatioiB performed outside of this time frame tiuy or truly not be permitted, depending on potential wetland impact in relation to the entire development or project Wetland boundaries shall be slaked in the field. (c) Identification and area of the total watershed area presently contributing stormwater runoff to the wetland. (d) A replacement plan, if required, outlining the steps followed for the sequencing process and including documentation supporting the proposed mitigation plan. A deserption of the nature and amount of the proposed fill material and details of the armual itKmitoring plan must also be included. (e) Wetlands proposed to be excavated for wildlife ponds must also submit a cross section and constiuction specifications which include the following design criteria: (1) Ponds should be irregular shaped and a minimum size of 2S00 square feet (2) Pond depth not to exceed S feet and to have an uiidulating bottom (3) Ratios of basin side slopes ranging from 3:1 to 10:1 (horizontal:vertical) (4) The spoil disposal site must be identified and found not to be below the OHW of a public water or public water wetland, wetland subject to the Wetland Conservatkui Act of 1991, or floodplain. However, fill may be placed in a wetland subject to the Wetland Conservation Act to the extent pemutted in Miruiesota Statutes 103G.2241, subd, 10. (S) Vegetation restoration plan which includes the ^sturbed area being seeded to native grasses for a minimum of ISO feet around the dugout (6) The reserved organic soils should be spread overtire entire excavated area to encourage and support plant growth r »1 (0 Infofmation showing whether the subject wetland is protected by either the State or municipality or both. ; * " ’ i.- ■... v?.-i .. . t. -'>4i mm - ‘■ .r. r ^ ■ - -.^:: ■•■ ■■ - ii- -' W'^t \,.V . vn- ■ J I i • b-> /:n o o ’' ■ • ‘t A-.'A'ff'. / ClTYof NO M/'M«nki|Nd Offices Strati Mints: 2750 Kdley Parkway Orono, MN 55356 Maltiiii Mints: P.O. Box 66 Crystal Bay. MN 55323 0066 July 6,2005 Bradley A. Hoyt 2507 Kelly Avenue Orono, MN 55331 Re; Narrows Saloon Dear Mr. Hoyt: We are in receipt of your letter dated June 21, 2005 regarding application #05-3121, the proposed expansion of the Narrows Saloon. Your letter has been forwarded to the City Council and will be provided to the Planning Commission in their next packet regarding this iqyplication. Please note that the Planning Commission tabled the application on June 20. The attached Notice of Planning Commission Action provides additional detail regarding the tabling. To address the many specific questions raised in your letter, I would offer the following: The municipal parking lot and the accesses to it arc the result of acquisition in the mid-1960’s of fee title to (or in some cases easements over) a variety of parcels. Staff has not researched how much was paid for the lot. Construction of the actual parking lot was assessed to abutting owners shortly after its acquisition. The City maintains the lot. Public Services Director Greg Gappa may be able to provide you with additional information regarding the lot. To our knowledge, no apportionment of stalls to the various businesses has ever been done except as noted on Page 8 of the June 15, 2005 staff memo (26 stalls attributed to 2385 Shadywood Road). To date, the Planning Commission has not made a recommendation regarding the variances sought by the Narrows. However, the Planning Commission's comments on June 20 lead staff to believe that most of the variances sought will not be supported by the Planning Commission, due to lack of hardship or for other reasons. At this time the City has no plans to re-stripe the Navarre parking lot to have it strictly meet the letter of the code. The parking lot apparently has been striped in lUcpbone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.win.us t: Bradley H«yt July 6,2005 Par 2 8) a manner that provides the most parking stalls possible given the space available. We would expect that any parking study required by the City would address the functionality of the lot layout. Patios by definition are calculated as structural lot coverage if the fencing around them exceeds six feet in height, per Zoning Code Section 78-1403. The applicant ’s submitted plans indicate walls/fences totaling no more than S.S’ in height. However, if the walls/fences were to exceed 6 ’ in height, the additional area enclosed by such walls for the rear patios would be approximately 1600 s.f., increasing the lot coverage by structure to approximately 50%. The City has not made a determination regarding the placement of trees within the sidewalk. Orono’s noise ordinances are primarily contained within Sections 58-116 through 58-122 (attached) and are enforced by the Police Department. The zoning code provisions for noise are contained within Section 78-1568 (attached) which are administered by the Planning and Zoning Department.. I would refer you to the Orono Police Department (952-249-4700) directly for information on police calls regarding the Narrows. Planning and Zoning Department files do not contain a specific report in response to Condition #3 of Resolution No. 4530 establishing a one-year review of “the use of the building in relation to the live entertainment and noise levels generated by the live entertainment use”. However, the Orono Police Department has addressed this issue in Chief Stephany Good’s memo dated June 20, 2005 (attached). 1 would refer you again to the Police Department in regards to the hours of operation of the Narrows. The City has not revised its ordinances to allow bars to remain open after 1 ;00 a.m. The Planning Commission has indicated they will likely recommend to Council that a parking study be required, and that such study be based on a reduced Narrows expansion proposal which has not been receiv^ as of this writing. The City has no specific redevelopment plan for Navarre at this time. The City Council has recently asked the City’s planning consultants, DSU, Inc., to prepare a proposal for providing planning assistance for the Navarre commercial area, with a general goal of sustaining and preserving existing uses, and developing a planning fnimework or vision to guide any redevelopment of individual sites. The City Council docs not suf^rt providing TIP for redevelopment of Navarre. The Police Chief has been provided a copy of your letter and is aware of the proposed Narrows expansion, but to my knowledge has not been asked to address the potential costs of additional police service in relation to the Narrows expansion. Staff v ill request such information as part of the continuing review of this application. ^ V I m BraiUtyHayt J«ly(,2IOS Pa|t3 12) I would refer you to Public Services Director Greg Gappa in regards to pedestrian and vehicular access studies for Navarre. 13) The City processes dozens of variance ^plications annually. Relatively few arc in relation to commercial development or use. We have not researched specific precedents for the requested variances. 14) We have not researched the econriiiic impacts of the Narrows on the Navarre area. IS) I refer you to the attached copy of Chapter 34 of the Orono Municipal Code regarding Alcoholic Beverages. City and State regulations will be reviewed to determine whether there are specific provisions regarding outdoor liquor service. 16) This is a function of the liquor licensing process which has not been commenced with regards to the current proposal. 17) The t^rplicants have not specifically requested outside music speakers. Section 58-120 of the Noise Ordinance addresses the use of outside sound systems. The additional comments in your letter are duly noted. Please note that further review of the Narrows application by the Planning Commission is dependent on the applicant providing revised plans in a timely manner. The Planning Commission meets the third Monday of each month. Please be aware that the City does not provide ongoing mailed individual public notice for tabled applications; you may contact the City Offices at 9S2- 249-4600 generally late in the week prior to the meeting to learn whether a specific application has been placed on an upcoming agenda. Sincerely, /j Michael P. Planning Director end. cc:City Council Planning Commission Ron Moorse, City Administrator Greg Gappa, Public Services Director Stephany G^, Police Chief CITY OF ORONO 2750 Kdlcy Parkway P.O. Box 66 Crystal Bay* MN 55523 (952) 249^600 ZONING nLE: #05-3121 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: July 5,2005 TO:Cindy Sudheimer & Janies Anderst 20 Clay Cliffe Drive Tonka Bay, MN 55331 COPIES: TYPE OF APPLICATION: CUP Amendment including Variances DATE OF MEETING: June 20,2005 Planalag CommissioB to<4c the following action: Mothm: Table, to allow applicant to re-design per the suggested revisions by staff and Planning Commission. VOTE: 6 FOR 0 AGAINST Applicant's next scheduled meeting is confirmed as: Scbcdnllng is dependent on submittal of revised pians. Deadiine for placement on the July 18 Planning Commission meeting is Monday* July 11. 60-day Review Period Extension. State law provides that Cities shall make decisions on zoning requests within 60 days from the date of application, and that this review period may be extended by notification to the ^plicant. Your application was received and deemed complete on May 18, 2005, and the 60-day review period would end on July 17, 2005. However, because your application was tabled by the Planning Commission and will be again reviewed by the Planning Commission no sooner than July 18, 2005, the earliest potential date of final Council action falls after the 60-day period ends. Therefore, the 60-day review period is hereby extended an additional 60 days to September 15,2005. Staff Recommendation Regarding Plan Revisions: 1.Planning Commission expressed no support for encroachment of the proposed front entry expansion onto the front sidewalk. Revised plans should incorporate a two-door entry system within the existing walls of the building. Planning Commission generally Notke of Pianaliig ComminkMi Action JnlyS.2MS Mat J 2. 3. 4. 5. 6. expressed support for the staff recommendation that the proposed use should be required to incorporate a two-door system for iU entrance and exit points, along with operational requirements that such doors remain closed during times of musical or other noise pr^ucing entertainment, to minimize or eliminate noise impacts to the surrounding neighborhood. Planning Commission also suggested that the HVAC system for the building be designed to eliminate the need to open doors for ventilation. Planning Commission generally suj^rted the staff recommendation that the proposed kitchen expansion at the NE comer of the building should be redesigned to be offset westward along the north side of the building, so that the visual and functional separation between the Narrows building and the adjoining service station does not decrease. It was not clear whether Planning Commission was ready to conclude that a side setback variance for an addition located less than the required IS’ from the side lot line would be stqjported by a hardship. To avoid the need for a side setback variance, the kitchen extension should either be incorporated into the existing building envelope or the addition be re-designed to meet the required side setback. It was not clear whether the Planning Commission would support a variance to allow expansion of lot coverage by structures from approximately 36% to approximately 38% (where 15% is allowed) to acconunodate the building expansions. Planning Commission ^d express some support for reducing the expansion by relocating the proposed kitchen expansion to the interior of the building. Applicant is advised to investigate whether the easements over the rear yard area would preclude the planting of trees or installation of planter boxes. There was not clear support for the amount of outdoor seating proposed at the front or rear of the building. Planning Commission expressed some support for a trial period for some reduced level of outdoor seating from that shown on the plan. Planning Commission expressed a general desire to place some limits on the hours of liquor and food service for the outdoor seating, and some members indicated they would not support liquor service at all for the front outdoor seating. Planning Commission expressed significant concern about the parking needs for the expanded use, and suggested that a detailed parking study for the City lot be done, but only after a revised, reduced building/use expansion plan has been submitted. Staff is willing to meet with you to discuss your options as to how to proceed. If you desire certified copies of the official 1- .aiming Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. If you have questions, please call Planning Director Mike Gaffron at 612-249-4600. Notice of Planaiiig CommiMion Action inlyS,2MS Pagc2of2 Orono Police Department Memo Mr.Moorse Chief Good Planning Commission June 20,2005 Proposed Expansion of the Narrows Saloon The Police Department has leviev, v4 proposed expansion of the Narrows Saloon. There are several concerns we wish to highlight, as part of the City’s review of the application for expansion. From a public safety perspective, more people and more dcohol nearly always increases the need for police resources. With a larger crowd, we are concerned about additional calls for service regarding noise, DWI, accidents, etc. We have had some experience in working with the current proprietor of the Narrows, and we have had some concerns regarding his timely and thoughtful response to our reque^. It is important to public safety that the owners of establishments that serve alcohol maintain an excellent relationship with local law enforcement. The proprietor has been unable to contain either the noise inside the restaurant or the noise made by the loud, non-stock mufflers on the motorcycles driven by customers of the restaurant. The proprietor has also been unable to keep motorcycles fiom parking on the sidewalk. Residents in the area are concerned about noise, litter, parking and safety. Calls for service and calls regarding quality of life issues are already being handled by the Police Department, and we would expect this to increase with a larger operation. We also want to address the proposed outdoor seating from the public safety prospective. We would want to know how people in the outdoor seating areas, either adjacent to County Road 15, or adjacent to the parking lot, would be protected from potential accidents. The area would need to be monitored for safety as well as litter. 158-76 ORONO CITY CODE an ISTS, such charge being for purposes of admin istering and enforcing the city inspiection program as provided for in this article. A separate charge ■hall be due for each separate ISTS located on each property. (b) The service charge shall be due 45 days after the billing date. (c) It shall be the duty of the city administra tor to endeavor to collect all delinquent accounts. (d) Each year the city administrator shall pre pare an assessment roll providing for the assess ment of the delinquent accounts against the re spective properties as provided in Minn. Stat. S 429.061, subd. 3, and shall certify the roll to the county auditor, who shall thereupon enter such amount with ^e tax levy on such property col lectible with the taxes for the next year. (Code 1984, 8 12.3(X8)(C); Ord. No. 100 2nd se ries, 8 4, 2-10-1992; Ord. No. 199, 2nd series, 8 1(12.30(8X0)), 5-8-2000) ' f Sees. S8*77—08*118. Reserved. ARTICLE m. NOISE* Sec. 0^116. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Words or phrases used in this article and defined in the rules of the Minnesota Pollution Control Agency Noise Section, chapter 7030, shall have the meanings given in those rules. Cutout and bypaa$ mean a mechanism which varies the exhaust system gas flow so as to discharge the exhaust gas and acoustic energy to the atmosphere without passing through the en tire length of the system, including all exhaust system sound attenuation components. dB(A) means a unit of sound level expressed in decibels (dB) and A-weighted. *Crou reference—Zoninf refulation of noise. ? 78-1568 State law reference—Authority relative to noise. Minn Sul H 116.07, subd. 2.412.221, subd. 24. Excessive noise means the presence of any noise or combination of noises in such quantity, at such levels, or such nature and duration or under such conditions as could potentially be injurious to human health, safety or welfare or to animal life, or could interfere unreasonably with the eqjoyment of life or property. Exhaust system means a combination of com ponents which provides an enclosed flow of ex haust gas from engine parts to the atmosphere. Holiday means any day fixed by the United States or by state law for suspension of business in whole or in part. MPCA means the Minnesota Pollution Control Agency. Municipality means the city. Noise means any sound not occurring in the natural environment, including but not limited to sounds emanating from airways, roadways, wa terways and industrial, commercial and residen tial sources. Noise control officer means any of the city employees authorized to issue citations as listed in section 2-2. Person means any individual, firm, partner ship, corporation, trustee, association, the state and its agencies and subdivision, or any body of persons whether incorporated or not. With re spect to acts prohibited or required in this article, the term shall include employees and licensees. Weighted and A-weighted mean a specific weigh ing of the sound pressure level for the purpose of determining the human response to sound. The specific weighing characteristics and tolerances are those given in American National Standards Institute 1.4-1983, section 5.1. (Ord. No. 155 2nd series, § 8(9.24(1)), 2-10-1997) CroM reference—Definitions generally. § 1-2. Sec. 58-117. Enforcement and penalties. (a) Notice. (1) When the noise control officer, after ap propriate testing has been done, deter mines that a noise exceeds the maximum sound level permitted under this article. - CD58;16 i < ENVraONMENT § 58-119 or otherwise constitutes a nuisance, the noise control officer shall give written notice of the violation to the owner or occupant of the premises where the noise originates, and order such person to cor rect or remove each specffied violation virithin such reasonable time as is pre scribed in the notice. In all other cases, the noise control officer or the city ’s law enforcement officer may demand immediate termination of the ex cessive noise. Failure to adhere to such demand would subject the violator to ap propriate criminal enforcement proce dures. (b) Penaltie$. Any person violating this article or any of its sections shall be guilty of a misde meanor. (Ord. No. 155 2nd series. 9 8(9.24<7)). 2-10-1997) Sec. 58>118. Powers and duties of noise con< trol officer. (a) AdminUUring officer. The noise control pro gram established by t^ article shall be admin istered by the noise control officer. (b) Testing procedures. The noise control of ficer shall adopt guidelines establishing the test procedures and instrumentation used in enforc ing the provisions of this article. A copy of such guidelines shall be kept in the office of the city clerk and shall be available to the public for reference during business hours. (c) Investigation and inspection. The noise con trol officer, with the assistance of other profes sional agencies or persons as may be necessary, shall conduct all research monitoring and other studies related to sound as are necessary in order to enforce this article and shall make all investi gations and inspections in accordance with law as required in applying the provisions of this article. (d) Noise impact statements. The noise control officer may require any person appl3dng to the city for a change in zoning, permit, license for any structure, operation, process, installation, or al teration or project that may be considered a potential noise source to submit a noise impact statement on a form prescribed by the officer. Each such statement shall be reviewed to ascer tain whether the granting of such change in zoning, permit or license would result in the violation of any provision of this article. Reviews of noise impact statements shall be made by the noise control officer, and recommendations shall be made to the city council. (e) Other powers and duties. The noise control officer shall exercise such other powers and per form such other duties as are reasonable and necessary to enforce the provisions of this article. (Ord. No. 155 2nd series, § 8(9.24(6)), 2-10-1997) Sec. 58-119. General noise standards. (a) Incorporation by reference. TheMPCANoise Rule, chapter 7030.0010 through 7030.0080, and all amendments and supplements are referred to, adopted and incorporated by reference, and made a part of this article. A current copy shall be available for public inspection through the city clerk's office. (b) Maximum noise levels by teceiving land use districts. No person shall operate or cause or permit to be operated any source of noise in such a manner as to create a noise level outdoors exceeding the dB limit set in table 1 for the recemng land use district specified. TABLE 1 SOUND LEVELS BY RECEIVING L.\ND USE DISTRICTS Land Use District Day {7:00 a.rn.— 10:00 p.m.) Night (10:00 p.m.— 7:00 a.m.) Residential Commercial Industrial 6.5 dB(A) 70 dB(A) 70 dB(A) 55 dBtA) 70 dB(A> 70 dB<Al (c) Exemptions. (1) The levels prescribed in subsection <b) of this section shall not apply to special events which have been granted a noise standards exemption by the city council. Application for such exemption shall be made in a timely manner prior to the event and may be approved if the city council finds that the proposed event will CD5S:17 ►Tv' vW 'F'' i* tsa-119 ORONO CITY CODE not adversely affect the citizens of the city, and is otherwise consistent with the public health, safety and welfare of the dty. (2) The levels do not apply to trains operating on the ezisting train tracks through the city so long as the use complies with all other applicable county, state and federal standards and the use is not in any way expanded in terms of scope or duration. (Ord. No. 156 2nd series, $ 8(9.24(2)), 2-10 1997) 8m. 68-120. Prohibited noises. The city council declares that excessive noise that unreasonably disturbs the peace, quiet or repose of persons of ordinary sensibility is a misdemeanor. No person shall make or cause to be made any excessive noise nor as follows: (1) Homs, audible eignaling devices, etc. No person shall sound any signaling device on any vehicle except as a warning of danger. State law toliraBea —Similar provisions, MLin. Stat. 1169.68. (2) Engine exhauete. No person shall dis charge the exhaust or permit the dis charge of the exhaust of any steam en gine, stationary internal combustion engine, motorboat, motor vehicle, motor cycle, all-terrain vehicle, snowmobile or any recreational device except through a muffler or other device that effectively prevents loud or explosive noises and com plies with all applicable state laws, regu lations and this article. (3) Radios, phonographs, televisions, paging ^sterns, etc. No person shall use or oper ate or permit the use or operation of any radio receiving set, musical instrument, phonograph, television, paging system, ma chine or other device for production or reproduction of sound in a distinctly and loudly audible manner so as to disturb the peace, quiet and comfort of any person nearby. Operation of any such set. instru ment, phonograph, machine or other de vice between the hours of 10:00 p.m. and 7:00 a.m., in such a manner as to be plainly audible at the property line of the structure or building in which it is lo cated, in the hallway or apartment adja cent, or at a distance of SO feet if the source is located outside a structure or building, shall be prima facie evidence of a violation of this subsection. (4) Social gatherings. a.No person shall participate in any party or other gathering of people giving rise to noise which disturbs the peace, quiet or repose of the occupants of adjoining or other prop erty. When a police officer deter mines that a gathering is creating such noise disturbance, the officer may order all persons present, other than the owner or tenant of the premises where the disturbance is occurring, to disperse immediately. No persons shall refuse to leave af ter being ordered by a police officer to do so. Every owner or tenant of such premises who has knowledge of the disturbance shall cooperate with police officers and shall make every reasonable effort to see that the dis turbance is abated. b.A violation of this article shall be deemed to be the act of the owner of the residential dwelling unit wherein it occurs as well as the persons on the premises who violate the article, except that the owner of the dwell ing unit occupied by others shall be liable only for those violations occur ring after a written notice of the violation of this article shall have been received. Loudspeakers, amplifiers, etc. No person shall operate or permit the use or opera tion of any loudspeaker, sounr* ampUfier, or other device for the production or re production of sound on a street or other public place for the purpose of attracting the attention of the public. CD58:18 . 1 I hi ENVIRONMENT 9 58 122 (6) School$, ehurehes, hospitals. No person shall create any excessive noise on a street, alley or public grounds adjacent to a school, church or hospital. (7) Human noise. No person shall engage in yelling, shouting, screaming, whistling or Hinging at any time or place so as to annoy or disturb the quiet, comfort or repose of any persons in any residence or dwelling in the vicinity of ^e source. (8) Loading, unloading, unpacking. No per son shall create loud or excessive noise in loading, unloading or unpacking any ve hicle. (Ord. No. 155 2nd series, S 8(9.24(3)), 2-10-1997) lawn mower, power hedge clipper, chainsaw, mulcher, garden tiller, edger, power device for bug eradication, drill, or other similar domestic power mainte nance equipment except between the hours of 7:00 a.m. and 10:00 p.m. on any week day or between the hours of 8:00 a.m. and 8:00 p.m. on weekends and holidays. Snow removal equipment is exempt from this provision. (2) Refuse hauling. No person shall collect or remove garbage or refuse in any residen tial district except between the hours of 7:00 a.m. and 10:00 p.m. on any weekday or between the hours of 8:00 a.m. and 8:00 p.m. on any weekend or holiday. Sec. 58>121. Hourly restriction for certain operations. The uses described in this section shall be limited to the times noted and as summarized in table 2: (1) Domestic power equipment. No person shall operate a garden or lawn tractor, power Construction activities. No person shall engage in or permit construction activi ties involving the use of any electric, die sel or gas-powered machine or other power equipment except between the hours of 7:00 a.m. and 8:0^ p.m. weekdays or be tween the hours of 8:00 a.m. and 8:00 p.m. on any weekend or holiday. TABLE 2 HOURLY RESTRICTIONS FOR CERTAIN OPERATIONS Times Allowed on WeekdaysActivity Operate domestic power equipment 7:00 a.m.—10:00 p.m. Refuse hauling 7:00 a.m.—10:00 p.m. Construction activities 7:00 a.m.— 8:00 p.m. (Ord. No. 155 2nd ; jries, § 8(9.24(4)), 2-10-1997) Times Allowed on Weekends and Holidays 8:00 a.m.—8:00 p.m. 8:00 a.m.—8:00 p.m. 8:00 a.m. - 8:00 p.m. Sec. 58-122. Exception for emergencies. (a) Emergency work. Noise created exclusively in the performance of emergency work to preser%’e the public health, safety or welfare or in the performance of emergency work necessary to re store public service or eliminate a public hazard shall 1^ exempt from the provisions of this article for a period not to exceed 48 hours after the work is commenced. Persons responsible for such work shall inform the noise control ofticer of the need to initiate such work or, if the work is commenced during nonbusiness hours of the city, at the be ginning of business hours of the first day there- CD38:19 f 58-123 ORONO CITY CODE after. Any person responsible for such emergency work shall take all reasonable actions to mini mize the amount of noise and its duration. (b) Emergency vehicle sirens and civil defense ^sterns. Sound produced by machines or devices for the production of sound on or in emergency vehicles and warning signals or systems for civil defense and public safety are exempt from this article. (Ord. No. 155 2nd series, § 8(9.24(5)). 2-10-1997) Secs. 58-lSS—88-1S8. Reserved. ARTICLE IV. OPEN BURNING* / DIVISION 1. GENERALLY Sec. S8*16A Definitions. / The foUowifrg words, terms and plirases. when used in this u^e, shall havey«the meanings ascribed to thenrm this section, OMept where the context clearly inmcates a diffejrent meaning: Fire department\training fires means a fire used for the purposAirf fire department training under the conditions \f a permit from the state pollution control agem Large brush disposal ffn means a fire set with approved starter fuel n'o^ore than 15 feet in diameter and six feet in hej^t using any clean dry wood, producing ipinimaFamoke, odor or soot beyond the property line; conducted with an adult tending the fire site at all ti^s; extinguished completely before leaving the sit^and respecting weather conditions, neighbors, burning bans, and air quality so |hat nuisance, he^th or safety hazards will not be created. A minimum lot size of five acres is Required for large brudfr disposal fires. Large brush disposal fire sites sh^ll not be located closer than 150 feet to any structtu e or 75 feet from ^y lot line. An adequate waten^upply for fire suppression purposes must be proMded. beOnly materials generated on the site maj burned/'Burning of materials brought onto'^he property from other sites is prohibited. '' *CroH reference—Fire prevention and protection, ch. 46. State law reference—Open burning. Mmn. Stat. { 66 171. Na/ive prairie restoration fires means fires used for thA purposes of native prairie maintenance conduc^ under the supervision of qualified in dividual^ or firms specializing in this -t3rpe of work. Open buftting means the burning of any matter if the resultwt combustion products are emitted directly to th^tmosphere without passing through d; ora stack, duct or chimney. Open burning includes recreational fi^s, small brush disposal fires, and large brush disposal fires, fires for fire depart ment training purposes, and fires for mainte nance of native prairie areas. Recreational fir^ means a fire set with ap proved starter fuel^no more than three feet in height and diametei^ using dry, clean wood; pro ducing little detectable smoke, odor or soot be yond the property lin'e; conducted with an adult tending the fire at ml times; for recreational, ceremonial, food preparation or social purposes extinguished completely before quitting the occa sion; and respecting weather conditions, neigh bors, burning bans, and air quality so that nui sance, health or safety hazards will not be created Approved mobile cooking devices such as manu factured hibachis, charcoal grills, wood smokers and propane or natural gas devices are not de fined as recreational fires. Recreational fires are allowed on any size lot, provided that all other permit conditions can be met. Recreational fire sites shall not be located closer than 50 feet to any structure or 25 feet finm any lot line. An adequate water supply for fire suppression purposes must be provided. Small brush disposal fire means a fire set with approved starter fuel no more than eight feet in diameter and four feet in height using any clean dry wood, producing minimal smoke, odor or soot beyond the property line: conducted wit\i an adult tending the fire site at all times; extinguished completely before leaving the site; and re'lBpecting weather conditions, neighbors, burning b^s, and air Quality so that nuisance, health or '^afety hazards will not be created. A minimum lot size of twrf acres is required for smtill brush dismal fir^s. Small brush disposal fire sites shall not be located closer than 75 feet to any structure or 50 fyet from any lot line. An adequate water supply CD58:20 I I 78-1540 ORONOCnYCODE Sec. 78-1S40. Surfaciag of loading berths. All loading berths and accessways shall be improved with a durable material. (Code 1984, i 10.61(15)) Sec. 78-1S41. Storage prohibited. Any area allocated as a required loading berth or access drive, so as to comply with the terms of this division, riudl not be used for the storage of goods or inoperable vehicles nor be included as a part of the area necessary to meet the off-street parking area. (Code 1984, 9 10.61(16)) See. 78-1542. Required loading berths. Where the principal use of the structure served is as listed, the minimum number of loading berths shall be as shown: (1) Auditoriums, convention hall, public build ing, hospital, school, hotel, sports arena, at least one loading berth 26 feet in length for each building having 1,000 to 10,000 square feet of floor area. For buildings having 10,000 to 100,000 square feet of floor area, one additional loading berth 50 feet in length. Retail sales and service stores, offices, at least one loading berth 25 feet in length for each building having 6,000 square feet of floor area or more, plus one additional loading berth 50 feet in length for build ings over 25,000 square feet up to 100,000 square feet. (3) Manufacturing, fabrication, processing and warehousing, at least one loading berth 25 feet in length for each building having 3.000 square feet or fraction thereof, plus one loading berth 50 feet in length for each 25,000 square feet of floor area up to 100.000 square feet, plus one loading berth for each 60,000 square feet of floor area over the first 100,000 square feet of floor area. The operator of the business shall have thj option to declare the length of the berths required for buildings above 100,000 square feet of floor area, except that half or more of the total number of berths required shall be 50 feet in length. (4) For other uses, there shall be provided adequate off-street loading space in con nection with all structures which require receipt or distribution of materials by vehicles. (Code 1984, § 10.61(17)) Secs. 78-1543—78-11 Reserved. DIVISION 6. PERFORMANCE STANDARDS* Sec. 78-1566. Standards for all districts. The guiding of rural and suburban develop ment so as to develop a compatible relationship of uses to achieve the purposes and guiding princi ples established by this chapter depends upon certain standards being maintained. Uses permit ted in the various districts; conditional and acces sory uses; and any use authorized by special permit, variance, the application of any credit, formula or special planning procedure, such as PRDs or PIDs or other provisions of this chapter, shall conform to the standards of this division. These standards shall apply in all districts. (Code 1984, § 10.60(D) Sec. 78-1567. Density. Permitted uses or application of the various provisions of this chapter or other laws, including provisions relating to conditional and accessory use, uses authorized by special permit, variance, the application of any cr^t, formula, or special planning procedure, whether singly or in combi nation, shall not result in a density greater than four dwelling units per acre of dry buildable land or air space used for construction in any zoning district. (Code 1984, § 10.60(2n Sec. 78-1568. Noise. Any use established shall be so operated that no noise resulting from that use is perceptible beyond the boundaries of the plat Ime of the site ‘’Crosf references—Businesses, ch. 26. environment, ch. 58. Supp. No. 2 CD78:226 1 ^4: I T^'. ■ i':. ZONING REGULATIONS 9 78-1575 on which such use ii located. This standard shall not a(q>ly to incidental traffic, parking, loading, construction or maintenance operations. (Code 1984, $ 10.6(K3)) CroM reCarcncc—Noise generally, 9 68-116 et teq. Sec. 78*1589. Smoke, particulate matter. Any use established, enlarged or remodeled after September 14,1967, shall be so operated as to control the emission of smoke or particulate matter to the degree that it is not detrimental to or shall endanger the public health, safety, com fort or general welfare of the public. For purpose of grading the density of smoke, the Ringelmann Chart published and used by the United States Bureau of Mines shall be empltqred. The emission of smoke shall not be of a density greater than No. 2 on the Ringelmann Chart (Code 1984, i 10.6(X4)) Sec. 78*1570. Toxic or noxious nwtter. Any use established shall be so operated as not to discharge across the boundaries of the lot or through percolation into the subsoil beyond the boundaries of the lot wherein such use is located, toxic or noxious matter in such concentration as to be detrimental to or endanger the public health, safety, comfort or welfare or cause injury or dam age to property or business. (Code 1984,9 10.6(X5}) Sec. 78>1571. Odors, solid matter. Any use established, enlarged or remodeled shall be so operated as to prevent the emission of odorous or solid matter of such quality and quan tity as to be readily detectable at any point beyond the lot line of the site on which the use is located. (Code 1984, 9 10.6(X6)) Sec. 78*1572. Vibration. Any use creating periodic earth-shaking vibra tions, such as may be created from a drop forge, shall be prohibited if such vibrations are percep tible beyond the lot line of the site on which the use is located. The standard shall not apply to vibrations created during the process of construc tion. (Code 1984, 9 10.6(K7)) Sec. 78*1573. Glare or heat. Any use requiring an operation producing an intense heat or light transmission shall be per formed with the necessary shielding to prevent such heat or light from being detectable at the lot line of the site on which the use is located. T.ighting in all instances shall be diffused or directed away from R districts and public streets. (Code 1984, 9 10.6(X8)) Sec. 78*1574. Explosives. Any use requiring the storage, utilization or manufacturing of products which could decom pose by detonation shall be located not less than 400 feet from any R district line. (Code 1984, 9 10.60(9)) CroM twfmnoe—Fin pravention and protection, ch. 46. Sec. 78*1575. Screening. (a) Screening shall be required in residential zones where: (1) Any off-street parking area which con tains more than four parking spaces and is within 30 feet of an adjoining residen tial lot line; and (2) Where the driveway to a parking area of more than six parking spaces is within 15 feet of an adjoining residential lot line. (b) The screening required in this section shall consist of a solid fence or wall at least 50 percent open, not less than four feet nor more than five feet in height, but shall not extend within 15 feet of any street or driveway opening onto a street. The screening shall be placed along the property lines or in case of screening along a street, 15 feet from the street nght-of-way with landscaping (trees, shrubs, grass and other planting) between the screening and the pavement. A louvered fence shall be considered solid if it blocks dii'ect vision. Supp. No. 2 CD78:227 Chapter 34 ALCOHOUC BEVERAGES* Article L lo General Sac. 34-1. Sec. 34-2. Sec. 34-3. Sec. 34^. Sec. 34-5. Sec. 34-6. Sec. 34-7. Definition!. Applicability of chapter. Coniumption and possmion of beer, wine or liquor on streets and public property. Consumption and possession of beer, wine or liquor on private parking lota. Underaged persona. Sales to obviously intoxicated persons. Inducing another to make illegal purchase or sale. Secs. 34-S—34'40. Reserved. Article II. Retail Sales Division 1. Generally Sec. 34-41. Revocation or suspension of licenses and permits. Sec. 34-42. One-day permits. Secs. 34-43—34-35. Rmrved. Division 2. License Sec. 34-66. Sec. 34-67. Sec. 34-68. Sec. 34-69. Sec. 34-70. Sec. 34-71. Sec. 34-72. Sec. 34-73. Required. Exemption for bed and breakfast facilities. Application. Application fee. Investigation and issuance. Persons eligible. Prohibited interests by wholesalers. Intoxicating liquor licenses in connection with premises of an other. Sec. 34-74.Off-sale intoxicating liquor licenses where 3.2 percent malt liquor is sold. Sec. 34-75. Sec. 34-76. Sec. 34-77. Sec. 34-76. Drugstores. Exclusive liquor stores. On-sale %vine licenses. Sec. 34-79. Sec. 34-80. Sec. 34-81. Sec. 34-82. Sec. 34-83. Sec. 34-84. Sec. 34-85. Sec. 34-86 Sec. 34-87. Sec. 34-88. Sec. 34-89. Sec. 34-90 Limitations on issuance of off-sale liquor licenses to one person or place. Establishments eligible for on-sale intoxicating liquor licenses. Establishments eligible for 3.2 percent malt liquor licenses. Location restrictions for off-sale liquor licemes; maximum num ber of off-sale liquor licenses. Tbmporary 3 2 percent malt liquor licenses. Zoning compliance required. License limited to space specified; inspection. Resident manager or agent. Corporate applicants and licensees. Financial responsibility of licensees. License subject to all ordinances. 3tate permit as prerequisite. License fees 'Cross references—Use of alcohol in parks. <1 22-96; businesses, ch 26 CD34:1 L r -c.iu.Aa ORONOcmr code Sm. 34-91. S9C. 34-92. Stc. 34-98. Sfc. 34-94. Ste. 34-95. Sfc. 34-96. S«e. 34-97. Ibnoination. Expiration. Rantwal. Lieanaa rtftind in cartain caiaa. IVanafer. Poatinf. Duplicate licensee. Sect. 34-96—34-120. Reserved. Division 3. OperatioDal Restrictions and Requirements Sec. 34-121. Sec. 34-122. Sec. 34-123. Sec. 34-124. Sec. 34-125. Sec. 34-126. Sec. 34-127. Sec. 34-128. Sec. 34-129. Sec. 34-130. Sec. 34-131. Sec. 34-132. Sec. 34-133. Sec. 34-134. Sec. 34-135. Sec. 34-136. 34-137. 34-138. 34-139. 34-140. 34-141. 34-142. 34-143. 34-144. General responsibility. Zoning requirements. Possession by 3.2 licensee of liquor license required. Availability of records. Alteration of premises. Hours and days of sale. Restrictions on activities when sales not permitted. Service by u. deraged persons. No liquor in licensed restaurants. Sale in hotel guest rooms. Removal of wine from restaurant Notice posting. Racial discrimination; cluts. Gambling prohibited. Coin-operated devices. Wine tastings. Sales of ethyl alcohol and neutral spirits prohibited. Certain sites may be sold. Containers brought into premises. Refilling bottles. Samples authorised. Liqueur-filled candy- Bottle clubs. Nudity or obscenity prohibited. •.. 'i ' “* ij- r Lfcr I \.r CD34;2 ALCOHOLIC BEVERAGES $34-1 ARTICLE I. IN GENERAL See. 34*1. Definitions. The definitions in Minn. Stat. ch. 340A apply to this chapter. In addition, the following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Applicant means any person making an appli cation for a license under this chapter. Application means a form with blanks or spaces on the form, to be filled in and completed by the applicant as his request for a license, furnished by the city and unifonniy required. Club means an incorporated organization orga nized under the laws of the state for civic, frater nal, social, or business purposes, for intellectual improvement, or for the promotion of sports, or a congressionally chartered veterans' organization, which: (1) Has more than 30 members. (2)Has owned or rented a building or space <n a building for more than one year that suitable and adequate for the accommo dation of its membm. Is directed by a board of directors, execu tive committee, or other similar body cho sen by the members at a meeting held for that purpose. No member, officer, agent, or employee shall receive any profit from the distribution or sale of beverages to the members of the club, or their guests, beyond a reasonable salcury or wages fixed and voted each year by the governing body. Display means the keeping, storing, or permit ting to be kept or stored of an alcoholic beverage which has been poured, dispensed or has had its package seal broken on, in, or at any table, booth, bar or other area of a licensed premises accessible to the general public, except when the alcoholic beverage is stored in a normal storage area dur ing nonsale hours. Financial interest includes any pecuniary in terest in the ownership, operation, management or profits of a retail liquor establishment but does not include bona fide loans, bona fide rental agreements, bona fide open accounts or other obligations held with or without security arising out of the ordinary in the regular course of busi ness of selling or leasing merchandise, fixtures or supplies to such a business or ten percent or less interest of any other corporation holding a li cense. Fraternal club means a club which serves only members and their guests and which uses any profits derived from liquor sales principally for sponsoring activities beneficial to the community and not for the profit of any individual. Gambling devices means a contrivance which for a consideration affords the player an opportu nity to obtain something of value, other than free plays, automatically from the machine or other wise, the award of which is determined princi pally by chance. Intoxicating liquor means ethyl alcohol, dis tilled, fermented, spirituous, vinous, and malt beverages containing more than 3.2 percent of alcohol by weight. License means a document, issued by the city, to an applicant permitting him to carry on and transact the business stated in the license. License fee means the money paid to the city pursuant to an application and prior to issuance of a license to transact and carry on the business stated in the license. Licensee means an applicant who, pursuant to his approved application, holds a valid, current, unexpired license, which has neither been re voked nor suspended, from the city for carrying on the business stated in the license. Off-sale means the sale of alcoholic beverages in original packages for consumption off the li censed premises only. On-sale means the sale of alcoholic beverages for consumption on the licensed premises only. Package means a sealed or corked container of alcoholic beverages Restaurant means any establishment, other than a hotel, under the control of a single propri- CD34;3 134-1 ORONO CITY CODE etor or manager, where meals are regularly pre pared on the premises and served at tables to the general public, and which has seating facilities for seati^ not less than 30 guests at one time. Sale, Bell and aold mean all barters and all manners or means of furnishing 3.2 percent malt liquor, wine or liquor to persons, including such furnishing in violation or evasion of law. State eetabliehed legal drinking age means 21 years of age. 3.2 percent malt liquor means malt liquor con taining not leas than one-half of one percent alcohol by volume nor more than 3.2 percent alcohol by weight. Wine means the product made from the normal alcoholic fermentation of grapes, including still wine, spaihling and carbonated wine, wine made from condensed grape must, wine made from other agricultural products than sound, ripe grapes, imitation wine, compounds sold as wine, ver mouth, dder, sherry and sake, in each instance containing not less than one-half of one percent nor more than 24 percent alcohol by volume for nonindustrial use. Wine does not include distilled spirits as defined in Minn. Stat. 340A.101. (Code 1984,} 4.01) Cross rstersiies—Dofinitioiia gtnerally, 11-2. Slats law rsfcraiiBS Psflnitioiw gtnerally, Minn. Stat 1340A.101. Sec. 34*2. Applicability of chapter. This chapter does not apply to: (1) Medicines intended for therapeutic pur poses and not intended as a beverage; (2) Industrial alcohol designed for mechani cal, chemical, scientific, pharmaceutical or industrial purposes; or (3) Nonpotable compounds or preparations containing alcohol. Stats law reference—Similar prm'isions, Minn. Stat $ 34UA.y06. Sec. 34*3. Consumption and possession of beer, wine or liquor on streets and public property. ia) It is unlawful for any person to consume, or possess in an unsealed container, any alcoholic beverage on any street or other public property except city parks and other public property when and where permission has been specifically granted or licensed by the council. This section shall not apply to the possession of an unsealed container in a motor vehicle on streets or public property when the container is kept in the trunk of such vehicle, if it is equipped with a trunk, or kept in some other area of the vehicle not normally occu pied by the driver or passengers, if the motor vehicle is not equipped with a trunk. For the purpose of this section, a utility or glove compart ment shall be deemed to be within the area occupied by the driver or passengers. (b) No license or permit shall be granted under this section unless and until the permittee or licensee, as the case may be, has filed with the city a certificate of public liability insurance on which the city or other owner of the property is a named insured providing umbrella or all perils coverage in the amount of $1,000,000.00. Nor shall such license or permit be granted until the permittee or licensee, as the case may be, agrees in writing to pay for all expenses incident to cleaning up all resulting refuse and debris. (Code 1984, $ 9.53) See. 34*4. Consumption and possession of beer, wine or liquor on private parking lots. It is unlawful for any person to consume or possess in an unsealed container any alcoholic beverage on any privately owned parking lot which is clearly signposted prohibiting such pos session and consumption. Ihis section shall not apply to the possession of an unsealed container in a motor vehicle on privately owned parking lots when the container is kept in the trunk of such vehicle, if it is equipped with a trunk, or kept m some other area of the vehicle not normally occu pied by the driver or passengers, if the motor vehicle is not equipped with a trunk. For the purpose of this section, a utility or glove compart ment shall be deemed to be within the area occupied by the driver or passengers. (Code 1984, § 9.54) CD34:4 .jMEB ALCOHOLIC BEVERAGES $ 34-5 Sec. 34^. Underaged pereone. (a) Consumption. (1) It ia unlawful for any: • V a. b. Retail intoxicating liquor or 3.2 per cent malt liquor licensee or bottle club permit holder under Minn. Stat. $ 340A.414 to permit any person imder the age of 21 years to drink alcoholic beverages on the licensed premises; or Person under the age of 21 years to consume any alcoholic beverages. If proven by a preponderance of the evidence, it is an affirmative defense to a violation of this clause that the defendant consumed the alcoholic bev erage in the household of the defendant's parent or guardian and with the consent of the parent or guardian. An offense under subsection (aX l)b of this section mey be prosecuted either in the jurisdiction where consumption occurs or the jurisdiction where evidence of con sumption is observed. As used in this section, the term "con sume" includes the ingestion of an alco holic beverage and the physical condition of having ingested an alcoholic beverage. (b) Purchasing. (1) It is unlawful for any person: a.lb sell, barter, furnish or give alco holic beverages to a person under 21 years of age; b.Under the age of 21 years to pur chase or attempt to purchase any alcoholic beverage unless under the supervision of a responsible person over the age of 21 for training, edu cational or research purposes. Prior notification of the licensing author ity is required unless the supervised alcohol purchase attempt is for pro fessional research conducted by post secondary educational institutions or state, county or local health depart ments; or c.Tb induce a person under the age of 21 years to purchase or procure any alcoholic beverage, or to lend or know ingly permit the use of the person's driver's license, permit, Minnesota identification card, or other form of identification by a person under the age of 21 years for the purpose of purchasing or attempting to pur chase an alcoholic beverage. If proven by a preponderance of the evi dence, it shall be an affirmative defense to a violation of subsection (bXl) of this section that the defendant is the parent or guardian of the person under 21 years of age and that the defendant gave or fur nished the alcoholic beverage to that per son solely for consumption in the defendant's household. (c) Possession. It is unlawful for a person un der the age of 21 years to possess any alcoholic beverage with the intent to consume it at a place other than the household of the person's parent or guardian. Possession at a place other than the household of the parent or guardian creates a rebuttable presumption of intent to consume it at a place other than the household of the parent or guardian. This presumption may be rebutted by a preponderance of the evidence (d) Entering licensed premises. It is unlawful for a person under the age of 21 years to enter an establishment licensed for the sale of alcoholic beverages for the purpose of purchasing or having served or delivered any alcoholic beverage not withstanding this section. (e) Misrepresentation of age. It is unlawful for a person under the age of 21 years to claim to be 21 years old or older for the purpose of purchasing alcoholic beverages. (fi Proof of age; defense. (1) Proof of age for purchasing or consuming alcoholic be\’erages may be established only by one of the following: A valid driver's license or identifica tion card issued by this or another a CD34;6 —- ft 34-6 ORONO CITY CODE ;N state, or a province of Canada, and including the photograph and date of birth of the licensed person; A valid military identification card issued by the United States Depart ment of Defense; or c.In the case of a foreign national, from a nation other than Canada, by a valid passport. In a prosecution under subsection (bXDa of this section, it is a defense for the defendant to prove by a preponderance of the evidence that the defend^it reason ably and in good fiuth relied upon repre sentations of proof of age au^orized in subsection (fKl) of this section in selling, bartering, furnishing or giving the alco holic beverage. (g) No person under the age of 18 shall be employed to sell or serve 3.2 percent malt liquor in any on-sale establishment. (Code 1984, H 4.15, 4.17(1)-(12). (14). 4.22(4), 4.31(12); Ord. No. 205 2nd series, i 1,6-25-2001) Stale law rtfrraaee—Similar proyiiions, Minn. Stat I340A.508. Sec. 34-6. Sales to obviously Intoxicated per sona. No person may sell, give, furnish, or in any way procure for another alcoholic beverages for the use by an obviously intoxicated person. (Code 1984, § 4.17(18)) State law relireace—Simitar provisions. Minn. Stat. S 340A.S02. Sec. 34-7. Inducing another to make illegal purchase or sale. No person shall knowingly induce another to make an illegal sale or purchase of intoxicating liquor or 3.2 percent malt liquor. (Code 1984, § 4.17(15)) Secs. 34-8 —34-40. Reserved. ARTICLE n. RETAIL SALES DIVISION 1. GENERALLY Sec. 34-41. Revocation or suspension of li< censes and permits. On a finding that the license holder has sold alcoholic beverages to another retail licensee for the purpose of resale, purchased alcoholic bever ages from another retail licensee for the purpose of resale, conducted or permitted the conduct of gambling on the licensed premises in violation of the law, failed to remove or dispose of alcoholic beverages when ordered by the commissioner to do so under Mism. Stat. { 340A.508, subd. 3, or failed to comply with an applicable statute, rule or ordinance relating to alcoholic beverages, the city division may revoke the license, suspend the license or permit for up to 60 days, impose a civil penalty of up to $2,(X)0.00 for each violation, or impose any combination of these sanctions. No suspension or revocation takes effect until the license holder has been given an opportunity for a hearing under Minn. Stat. H 14.57 —14.69. This section does not require a hearing before an employee of the office of administrative hearings. Imposition of a penalty or suspension by either the issuing authority or the commissioner does not preclude imposition of an additional penalty or suspension by the other so long as the tot^ penalty or suspension does not exceed the stated maximum. (Code 1984, § 4.02(4KH)) State law reference—Similar provitions, Minn. Stat. i 340A.41S. Sec. 34-42. One-day permits. (a) Any nonprofit organization desiring to serve liquids for the purpose of mixing with liquor and permitting the consumption and display of liquor in conjunction with a social activity sponsored by it shall first obtain a permit from the city. It is unlawful for any such organization to fail to obtain such permit. The term of such permit shall be one day only. No more than ten permits shall be issued in any calendar }rear. (b) The fee for such permit is as established by resolution. CD34;6 alcoholic beverages $ 34-69 (c) In addition to council approval, such permit must be approved by the state commissioner of public saf(^. (Code 1984, $ 4.61) State tew tafaraoca Similar provisiont. Minn. Stet 1340A.414, subd. 9. Secs. 84 »48-^4 -68. Reserved. DIVISION 2. LICENSE* Sec. 34*66. Required. It is unlawftil for any person to sell, or keep or offer for sale, any alcoholic beverage at retail without a license from the city. (Code 1984, M 4.20, 4.30, 4.4(K1)) State tew lailiranca Rateil licensw raquired, Minn. Stet 1340A.401. Sec. 84^. Exemption for bed and break* fast Cacilitiea. (a) For purposes of this section, the term "bed and breakfast facility" means a place of lodging that: (1) Provides not more than eight rooms for rent to no more than 20 guests at a time; (2) Is located on the same property as the owner's personal residence; (3) Provides no meals, other than breakfast served to persons who rent rooms; and (4) Was originally built and occupied as, or was converted to, a single-family resi dence prior to being used as a place of lodging. (b) No license under this article is requii ed for a bed and breakfast facility to provide at no additional charge to a person renting a room at the facility not more than two glasses per day each containing not more than four fluid ounces of wine. Wine so furnished may be consumed only on the premises of the bed and breakfast facility. *Cross reference—Businm licensee, fi 26-31 et seq. (c) A bed and breakfast facility may furnish wine under subsection (b) of this section only if the facility is registered with the commissioner. State tew reference—Similar provisions, Minn. Stat. i 340A.4011. Sec. 34-68. Application. (a) All applications for a license required by this division shall be made at the office of the city clerk upon forms prescribed by the proper depart ment of the state, together with such additional information as the council may desire and if not so prescribed, then upon forms flimished by the city. Information required may vary with the type of business organization making application. All questions asked or information required shall be answered fully and completely by the applicant. (b) It is unlawful to make a false statement or an omission upon any application form. Any false statement or any willful omission to state any information call^ for on such application form shall, upon discovery of such falsehood, work an automatic refusal of license or, if already issued, shall render any license issued void and of no effect to protect the applicant from prosecution for violation of this chapter. (Code 1984, S 4.02(1), (2)) State tew refereacea—Application for on-sale intoxicat ing liquor licenses, Minn. Stat. { 340A.412, subd. 2(a); false statements under oath. Minn. Stat 3 609.48. Sec. 34-69. Application fee. At the time of the initial application for an on-sale intoxicating liquor license, applicants shall pay to the city the fees as provid^ for in the current city fee ordinance duly adopted by the council, which fee shall be considered an applica tion fee, not refundable to the applicant. At any time an additional investigation is required be cause of a change in the ownership or control of a partnership or corporation or because of an en largement, alteration or extension of premises previously licensed, the licensee shall pay an additional investigation fee. (Code 1984, § 4.02(31) State tew reference—Investigation feet. Minn. Stat. 3 340A.412. subd. 2. CD34:7 1 j i Sr 111 h I ■tertruiKTiii td4.?0 ORONOCrrVCODB Sec. 84*70. Inveatigation and l•■uallce. (a) Invettigation. All applications for a license required by this division sludl be referred to the chief of police and to such other city departments as the council shall deem necessary, for verifica tion and investigation of the facts set forth in the application. The chief of police shall cause to be made such investigation of the information as shall be necessary and shall make a written recommendation and report, which shall include a list of all violations cf federal or state law or municipal ordinances by the applicant, to the council. (b) Hearing, Upon receipt of the written report and recommendation by chief of police and within 30 days thereafter, the city clerk shall publish a notice of hearing at least ten days prior to the date set for hearing. The hearing notice shall set forth the day, time and place of hearing; the name of the apidicant; the place where the business is to be conducted; and such other infor mation as the council may direct. At such hearing all persons desiring to be heard shall have such opportunity, and the council may thereafter grant or deny the license. If the license is granted, the council may withhold its issuance until the appli cant has qualified in all respects for the license. If the premises to be licensed are not complete at the time that the hearing is conducted, the coun cil may grant the license but shall withhold its issuance until the premises have been completed in accordance with the representations made by the applicant. The license fee shall be due as of the date the license is granted. If a license has been granted but its issuance has been withheld pending completion of the premises to be licensed, and if the licensee does not proceed with reason able dispatch to ready the premises, the council may rescind the action granting the license. Such action shall not be taken, however, without giving the licensee at least ten days' notice of the time and place of a hearing on the proposed rescission. (c) Granting, ITie council may approve any application for the period of the remainder of the then current license year or for the entire ensuing license year. All applications, including proposed license periods, must be consistent with this chap ter. Prior to consideration of any application for a license, the applicant shall pay half the license fee, and the investigation fee. Upon rejection of any application for a license, or upon withdrawal of an application before approval of the issuance by the council, the license fee shall be refunded to the applicant. Failure to pay any portion of a fee when due shall be cause for revocation. The city clerk shall, within ten days after the issuance of any license under this section, submit to the proper department of the state the full name and address of each person granted a license, the trade name, the effective license date, and the date of expiration of the license. He shall also submit to the proper department of the state any change of address, transfer, cancellation or revo cation of any license by the council during the license period. (d) Issuing. If an application is approved, the city clerk shall forthwith issue a license in the form prescribed by the city or the proper depart ment of the state, as the case may be, and upon payment of the second half of the license fee. All licenses shall be on a calendar year basis unless otherwise specified in this division. For licenses issued and which are to become effective other than on the first day of the licensed year, the fee to be paid with the application shall be a pro rata share of the annual license fee. Licenses shall be valid only at one location and on the premises described in the license. (Code 1984, § 4.02(4)(A)-<4)(D») State law rafereace—Invettigation of on-sale intoxicat ing liquor license applications, Minn. Stat S 340A.412, subd. 2. Sec. 34-71. Persons eligible. (a) No license may be issued to a: (1) Person under 21 years of age; (2) Person who has had an intoxicating liquor or 3.2 percent malt liquor license revoked within five years of the license applica tion, or to any person who at the time of the violation owns any interest, whether as a holder of more than five percent of the capital stock of a corporation licensee, as a partner or otherwise, on the premises or in the business conducted on the pre mises, or to a corporation, partnership. ♦CD34:8 ALCOHOUC BEVERAGES (34-76 association, enterprise, business or firm in which any such person is in any man ner interest^; (3) Person not of good moral character and repute; or (4) Person who has a direct or indirect inter est in a manufacturer, brewer, or whole saler. (b) In addition, no new retail license may be issued to, and the council may refuse to renew the license of, a person who, within five years of the license application, has been convicted of a felony or a willful violation of a federal or state law or local ordinance governing the manufacture, sale, distribution, or possession for sale or distribution of an alcoholic ^erage. (Code 1984, (§ 4.02(4HG), 4.02(8)) 8Ut« Isw refcrsocs Similar proviiiont, Minn. Stat (340^402. See. 34*78. Prohibited interests by wholesal ers. No license shall be issued pursuant to the provisions of this division if the issuance would result in a violation of Minn. Stat. { 340A.301, subd. 7. (Code 1984, $3 4.16(6), 4.22(3), 4.4(X2KB), 4.31(2)) Sec. 34*73. Intoxicating liquor licenses in connection with premises of an* other. An intoxicating liquor license may not be is sued to a person in connection with the premises of another to whom a license could not be issued under the provisions of this article. This section does not prevent the granting of a license to a proper lessee because the person has leased the premises of a minor, a noncitizen who is not a resident alien, or a person who has been convicted of a crime other than a violation of this chapter. State law rafiroBGa—Similar provisions. .Minn. Stat. 1 340A.412, subd. 5. Sec. 34*74. Off*sale intoxicating liquor li* censes where 3.2 percent malt liquor is sold. An off-sale intoxicating liquor license may not be issued to a place where 3.2 percent malt liquor is sold for consumption on the premises. This section does not apply to those places where both an on-sale and off-sale license or a combination license have been issued under Minn. Stat. § 340A.406. State law reference—Similar provisions. Minn. Stat. { 340A.412, subd. 6. Sec. 34*75. Drugstores. No intoxicating liquor license may be issued to a person operating a drugstore unless the person has operated it for at least two years or has purchased a drugstore that has been in continu ous operation for two or more years. State law reference—Similar provisions, Minn. Stat. ( 340A.412, aubd. 7. See. 34*76. Exclusive liquor stores. (a) Except as otherwise provided in this sec tion, an exdusive liquor store may sell only the following items: (1) Alcoholic beverages; (2) Tobacco products; (3) Ice; (4) Beverages for mixing with intoxicating liquor; (5) Soft drinks; (6) Liqueur-filled candies; (7) Food products that contain more than one-half of one percent alcohol by volume; (8) Cork extraction devices; (9) Books and videos on the use of alcoholic beverages; (10) Magazines and other publications pub lished primarily for information and edu cation on alcoholic beverages; and (11) Home brewing equipment. (b) An exclusive liquor store that has an on- sale. or combination on sale and off-sale license may sell food for on-premises consumption when authorized by the city. CD34:9 134-76 ORONO CITY CODE (c) An ocdusive liquor itore may offer live or recorded entertainment. Stale law ratweBoe—Similar prowiaiona, Minn. Stat 1840A412, aubd. 14. See. 84*77. On*sale wine licenaes. (a) An on-aale wine lioenae with the approval of the conuniaaioner to a reataurant having facil- itiea for aaating at leaat 25 gueata at one time ma}* be iaaued. A wine licenae permita the aale of wine of up to 14 percent alcohol hy volume for conaun^)- tion with the aale of food. A wine licenae iutho- rizea the aale of wine on aU daya of the week unleaa the city leatricta the licenae'a authoriza tion to the aale of wine on all daya except Sun- dqya. (b) An on-aale wine licenae may be iaaued with the approval of the conuniaaioner to a licenaed bed and breakfoat facility. A licenae under thiaaubaec- tion authorizea a bed and breakfaat facility to fiumiah wine only to regiatered gueata of the facility. (Code 1984. $ 4.4(K2)(H)) State law refliraBca Similar pnvialou, Minn. Stat 1340A.404, aubd. 6. See. 34*78. Limitationa on isauance of off* aale liquor Ucenaea to one per- aon or place. (a) No more than one off-aale intoxicating li quor license to any one person or for any one place may be issued. (b) The same business name shall not be used by more than one off-sale intoxicating liquor lic ensees. (c) For purposes of this section, the term "per son means: (1) A holder of an off>sale intoxicating liquor licenae: < 2l An officer, director, agent or employee of a holder of an off-sale intoxicating liquor license; or (3) An affiliate of a holder of an off-sale intoxicating liquor license, regardless of whether the station is corporate or by management, direction or control. (Code 1984, §$ 1.05, 4.31(7), 4.40(2X0) State law reforenee—Similar proviaiona, Minn. Stat ( 340A.412, aubd. 3. Sec. 34*79. Establishments eligible for on- sale intoxicating liquor licenses. An on-sale intoxicating liquor license may be issued by the city to the following establishments located within its jurisdiction: (1) Hotels; (2) Restaurants; (3) Bowling centers; (4) (Hubs or congressionally chartered veter ans organizations with the approval of the commissioner, provided the organiza tion has been in existence for at least three years and liquor sales will only be to members and bona fide guests; and (5) Exclusive liquor stores. (Code 1984, 9 4.31(13)) State law refereaee—Similar provUiou, Minn. Sut i 340A.404, subd. 1. Sec. 34*80. Establishments eligible for 3.2 percent malt liquor licenses. On-sale 3.2 percent malt liquor licrnses may only be issued to drugstores, restaurants, hotels, clubs, bowling centers and establishments used exclusively for the sale of 3.2 percent malt liquor with the incidental sale of tobacco and soft drinks. (Code 1984, 9 4.22(6)) State law refbreace—Similar proviiioni, Minn. Stat. $ 340A.411, aubd. 1. Sec. 34-81. Location restrictions for off-sale liquor licenses; maximum num ber of off-sale liquor licenses. No establishment for which an off-sale liquor license is issued shall be located within 500 feet of an institution of public education whose primary purpose is education of individuals in grades kindergarten through 12. No establishment for which an off-sale liquor license is issued shall be CD34:10 ALCOHOLIC BEVERAGES i 34-85 located within one-half mile of any previously existing establishment holding such a license. No more than two off-sale liquor licensee «hall be in effect in the dty at the sale time. (Code 1984, S 4.31(20), (21)) State tew ntereiiM*—Muimum number of off-Mle li quor lioraew, Minn. Sut. } 340A413, eubd. 5; UcenM* pro- tebhed in certein ereas. Minn. Stet. { 340A412, eubd. 4. Sec. 34^. Temporary 3.2 percent malt li quor licenses. (a) A club or charitable, religious, or nonprofit organization may be issued a temporary on-sale license for the sale of 3.2 percent malt liquor. The temporary license may authorize the sde of 3.2 percent n^t liquor in any school or school build ings. Temporary licenses are subject to the terms set by the city. (b) Any person licensed to sell intoxicating liquor at on-sale shall not be required to obtain an on-sale license under this section and may sell 3.2 percent malt beverages at on-sale without further license. Any person licensed to sell intoxicating liquor at off-sale shall not be required to obtain an off-sale license under this secti<m, and may sell 3.2 percent malt beverages at off-sale without further license. (c) An application for a temporary license shall state the exact dates and place of proposed tem porary sale. No applicant shall qualify for a tem porary license for more than a total of seven days in any calendar year. The council may, but at no time shall it be under any obligation whatsoever to, grant a temporary 3.2 percent malt liquor license on premises owned or controlled by the city. Any such license may be conditioned, quali fied or restricted as the council sees fit. If the premises to be licensed are owned or under the control of the city, the applicant shall file with the city, prior to issuance of the license, a certificate of liability insurance coverage in at least the sum of $300,000.00 for injury to any one person and $500,000.00 for injury to more than one person, naming the city as an insured during the license period. (Code 1984, 9 4.21) State tew raferenca—Temporary 3.2 percent molt liquor lireneee. Minn. Slat. $ 340.A.403. Sec. 34-83. Zoning compliance required. No license shall be granted for use in any premises that does not or will not comply with the city's zoning regulations set forth in chapter 78. (Code 1984, §§ 4.16(11), 4.31(16)) State tew raferanca—lasuanca of intoxicating liquor li censes in violation of zoning ordinances, Minn. Stat. $ 340A412, subd. 4(aXl). Sec. 34-84. License limited to apace speci fied; inspection. Unless expressly stated therein, a license is sued under the provisions of this division shall be valid only in the compact and contiguous building or structure situated on the premises described in the license, and all transactions relating to a sale under such license must take place within such building or structure. The premises shall have an exclusive entrance firom or exit to the exterior of the building at which the licensed premises are located. Entrances from or exits to a public con course or public lobby meet this requirement. (1) All premises licensed under this division shall at all times be open to inspection by any police officer or other individuals with enforcement powers to determine whether or not this chapter and all other laws are being observed. Consent to such inspec tion by the licensee shall be a condition of each license granted. Police officers or other individuals with enforcement pow ers shall not need a search warrant for such inspections. (2) It is unlawful for any licensee, or agent or employee of a licensee, to hinder or pre vent a police officer or other individuals with enforcement powers from making such inspection. (Code 1984, § 4.07) State law refarenca—Similar provisions, Minn Suit 4 340A.410, subd. 7 Sec. 34-85. Resident manager or agent. Before an on-sale intoxicating liquor license is issued under this division to an individual who is a nonresident of the city, to more than one indi vidual whether or not they are residents of the city, or to a corporation, partnership or associa- CD34:11 LfL «34-M ORONO CITY CODE tion, the applicant shall appoint in writing a natural person who lives within 25 miles of the licensed establishment in the dty as its manager or agent. Such manager or agent shall, by the terms of his written consent, take full responsi bility for the conduct of the licensed premises and serve as agent for service of notices and other process relating to the license. Such manager or agent must be a person who, by reason of age, character, reputation and other attributes, could qualify individually as a licensee. If such manager or agent ceases to live within 25 miles of the city or ceases to act in such capacity for the licensee without appointment of a successor, the license issued pursuant to such appointment shall be sulgect to revocation or suspension. (Code 1984, 9 4.02(7)) See. 84^. Corporate applicants and licena* A corporate applicant, at the time of applica tion, shidl fomish the dty with a list at all persons that have an interest in such corporation and the extent of such interest. The list shall name all shardiolders and show the number of shares held by each, either individually or bene ficially for others. It is the duty of each corporate licensee to notify the dty deik of any change in legal ownership, or beneficial interest in such corporation or in such shares. Any change in the ownership or benefidal interest in the shares entitled to be voted at a meeting of the sharehold ers of a corporate licensee, which results in the change of voting control of the corporation by the persons owning the shares, shall be deemed equiv alent to a transfer of Ihe license issued to the corporation; and any such license shall be revoked 30 days after any such change in ownership or beneficial interest of shares unless the council has been notified of the change in writing cuid has approved it by appropriate action. The council, or any officer of the city designated by it, may at any reasonable time examine the stock transfer records and minute books of any corporate licensee in order to verify and identify the shareholders; and the coundl or its designated officer may examine the business records of any other licensee to the extent necessary to disclose the interest which persons other than the licensee have in the li censed business. The council may revoke any license issued upon its determination that a change of ownership of shares in a corporate licensee or any change of ownership of any interest in the business of any other licensee has actually re sulted in the change of control of the licensed business so as materially to affect the integrity and character of its management and its opera tion, but no such action shall be taken until after a hearing by the council on notice to the licensee. (Code 1984, § 4.02(4KD) Sec. 34-87. Financial responsibility of licens ees. (a) Proof. No 3.2 percent malt liquor, wine or liquor license shall issued or renewed unless and until the applicant has provided proof of financial responsibility impost by Minn. Stat. 9 340A.801 by filing a certificate that there is in effect an insurance policy or pool providing mini mum coverages of $100,000.00 b^ause of bodily iqjury to any one person in any one occurrence, $300,000.00 because of bodily iqjury to two or more persons in any one occurrence, in the amount of $10,000.00 because of iqjury to or destruction of property of others in any one occurrence, $1()0,000.00 for loss of means of support of any one person in any one occurrence, and, subject to the limit for one person, $300,000.00 for loss of means of support of two or more persons in any one occurrence. An annual aggregate policy limit for dramshop liability of not less than $300,000.00 per policy year may be included in the policy provisions. (b) Insurance not required. Subsection (a) of this section does not apply to licensees who by affidavit establish that they are: (1) On-sale 3.2 percent malt liquor licensees with sales of less than $23,000.00 of 3.2 percent malt liquor for the preceding year; (2) Off-sale 3.2 percent malt liquor licensees with sales of less than $50,000.00 of 3.2 percent malt liquor for the preceding year; (3) Holders of on-sale wine licenses with sales of less than $25,000.00 for wine for the preceding year; or i ! CD34:12 ALCOHOLIC BEVERAGES S 34-94 (4) Holden of temporary wine licenses issued under law. (c) Insurance certificate requirements. When ever an insurance certificate is required by this division, the applicant shall file with the city clerk a certificate of insurance showing that the limits are at least as high as required, that coverage is effective for at least the license term approved, and that such insurance will not be canceled or terminated without 30 days' written notice served upon the city clerk. Cancellation or termination of such coverage shall be grounds for license revoca tion. (d) Documents submitted to commissioner. All proofs of financial responsibility and exemption affidavits filed with the city under this section shall be submitted by the city to the commis sioner. (Code 1984, ii 4.13,4.14) See. 3448. License suh|ect to all ordinances. Every license required by this division shall be granted subject to the provisions of this chapter and all other applicable provisions of this Code and other laws relating to the operation of the licensed business. (Code 1984, H 4.22(5), 4.31(11)) Sec. 8448. State permit as prerequisite. No license required by this division shall be effective until a permit shall be issued to a lic ensee (mder the laws of the United States if such permit is required under such laws or under state law. (Code 1984, i 4.31(3)) Sec. 34*90. License fees. All licenses provided for in this chapter shall be issued only upon payment in full of license fees established by resolution. (Code 1984, § 4.12) 8Ut« law relMWiioa—Lactnsa feet. Minn. Sut. ( S40A.4^ Sec. 84*91. Termination. Licenses shall terminate only by expiration or revocation. (Code 1984, § 4.02(4XG» Sec. 34*92. Expiration. All licenses issued pursuant to the provisions of this division expire one year firom the date of issue. Sec. 34*93. Renewal. (a) Application for renewal of all licenses un der this division shall be made at least 60 da)rs prior to the date of expiration of the license and shall contain such information as is required by the city. This time requirement may be waived by the council for good and sufficient cause. Persons for renewal of application are subject to all the requirements for the original issuance of a li cense, except the public hearing requirement which is an optional requirement to be established at the discretion of the city council. (b) No on-sale intoxicating liquor license re newal application shall be considered by the coun cil until the applicant has filed with the city clerk a statement made by a certified public accoun tant, setting forth the total gross sales and the total food sales of the restaurant for the 12-month period immediately preceding the date for filing renewal applications. (Code 1984, §S 4.03, 4.31(15)) Sec. 34*94. License refund in certain cases. (a) If during the license year the licensed pre mises shall be destroyed or so damaged by fire or otherwise that the licensee shall cease to carry on the licensed business, or if the business of the licensee shall cease by reason of his illness or death, or if it shall become unlawful for the licensee to carry on the licensed business under his license, except when such license is revoked, the city shall, upon the happening of any such event, refund to the licensee, or to his estate, such part of the license fee paid by him as corresponds to the time such license had yet to run. (b) In the event of death of the licensee, his personal representative is hereby authorized to continue operation of the business for not more than 90 days after the death of such licensee. (Code 1984, § 4.02(4)(E)> State law reference—Similar provisions. Minn. .Star S340A.410. subd 3. CD34;13 5- I34-9S ORONO CITY CODE Sec. S4>M. ’nramfer. A lioenae shall be transferable between persons upon omsent of the council and payment cf the required investigation fee. No license shall be transferable to a different location without prior consent of the council and payment of the fee for a duplicate license. It is unlawful to make any transfer in violation of this section. (Code 1984, i 4.02(4XF)) Mete law leiNeeea—IVaniftr of intoadcatinf liquor U> cenM, Minn. Stat 1340A.412, tubd. 9. Sec. 84>96. Posting. All licensees shall omspicuously post their license in their places of business. (Code 1984. § 4.02(6)) Stale law raferaara fitmlUi prorlaioot, Idinn. SUt. 1340A.410, lubd. 4. Sec. 84*97. Duplicate licenses. Duplicates of all original licenses issued under this ^vision may be issued by the city clerk without action by the council upon the licensee's affidavit that the original has been lost, and upon payment of a fee in the amount established by resolution tar issuance of the duplicate. All dupli* cate licenses shall be clearly marked "DUPLI CATE." (Code 1984, i 4.02(5)) Secs. 84*98 —84*180. Reserved. DIVISION 3. OPERATIONAL RESTRICTIONS AND REQUIREMENTS See. 84*181. General responsibility. (a) Every licensee is responsible for the con duct in the licensed establishment, and any sale of alcoholic beverage by any employee authorized to sell alcoholic beverages in the establishment is the act of the licensee for the purposes of all provisicms of this chapter. Stale law ratwenca^imilar proviaiont, Minn. Stat. i 340A.501. (b) Sales of any alcoholic beverage in or fixim any premises licensed under this chapter by any employee authorized to make such sale in or from such place is the act of the employer as well as of the person actually making the sale, and every such employer is liable for all of the penalties provided by law for such sale equally with the person actually making the sale. (Code 1984, i 4.16((4), (5))) Sec. 34*188. Zoning requirements. Notwithstanding any section in this chapter to the contrary, all premises that are licensed must be located in zoning districts in which they are permitted and must be in compliance with the zoning regulations set forth in chapter 78. (Code 1984, §§ 4.16(11), 4.31(16)) Crmm refierencc—Zoning, ch. 78. Sec. 34*123. Possession by 3.2 licensee of li quor license required. No 3.2 malt liquor licensee shall, during the effective perira of such license, be the owner or holder oi n federal retail liquor dealer's tax stamp for the sale of intoxicating liquor unless such owner or holder also holds an intoxicating: liquor license from the city; and ownership or holding of such license shall be grounds for immediate revo cation, without a hearing. Any person who sells 3.2 percent malt liquor v '' holding or exhibit ing in his place of busini deral retail liquor dealer special tax stamp . .t having an intox icating license shall be guilty of a misdemeanor. (Code 1984, § 4.22(2), (7)) Sec. 34*124. Availability of records. The business records of a licensee under this article, including federal and state tax returns, shall be available for inspection by the council, or other duly authorized representative of the city, at all reasonable times. (Code 1984, § 4.31(9)) Sec. 34*125. Alteration of premises. Any proposed enlargement, alteration or exten sion of premises of a licensee under this article shall be reported to the city clerk at or before the time application is made for a building permit. (Code 1984, § 4.31(10)) CD34:14 \ ___J ALCOHOLIC BEVERAGES i 34-127 ■1 Sec. 84*126. Hour* end day* of sale. (a) 3.2 perctnt malt liquor. No sale of 3.2 per cent malt liquor may be made between 1:00 a.m. and 8:00 a.m. on Monday through Saturday, nor between 1:00 a.m. and 12:00 noon on Sunday. (b) Intoxicating liquor; on-aale. No sale of in- toidcating liquor fbr consumption on the licensed premises may be made: (1) Between 1:00 a.m. and 8:00 a.m. on the days of Monday through Saturday; (2) After 1:00 a.m. on Sundays, except as provided by subsection (c) of this section. (c) Intoxicating liquor; Sunday sales; on-Mle. (1) A restaurant, club, bowling center, or ho tel with a seating capacity for at least 30 persons and which holds an on-sale intox icating liquor license may sell intoxicat ing liquor for consumption on the pre mises in conjunction with the sale of food between the hours of 12:00 noon on Sun days and 1:00 a.m. on Mondays. (2) Notwithstanding anything in subsection (c) of this section to the contrary, a Sun day on-sale license may be issued to ho tels, motels and restaurants which have on-sale liquor licenses, to serve liquor between t^ hours of 10:00 a.m. Sunday and 1:00 a.m. Mondays in conjunction with the serving of food, provided that the licensee establishment is in conformance with the Minnesota Clean Indoor Air Act. (d) Intoxicating liquor; off-sale. No sale of in toxicating liquor may be made by an off-sale licensee: (1) On Sundays: (2) Before 8:00 a.m. on Monday through Sat urday; (3) After 8:00 p.m. on Monday through Thurs day and after 10:00 p.m. on Friday and Saturday, provided that an establishment may sell intoxicating liquor until 10:00 p.m. on December 31 and July 3. and on the day preceding Thanksgiving day, un less othenvise prohibited under subsec tion (dXl) of this section; (4) On Thanksgiving Day; (5) On Christmas Day, December 25; or (6) After 8:00 p.m. on Christmas Eve, Decem ber 24. (e) Bottle clubs. No establishment licensed un der Minn. Stat. § 340A.414 may permit a person to consume or display intoxicating liquor, and no person may consume or display intoxicating li quor between 1:00 a.m. and 12:00 noon on Sun days, and between 1:00 a.m. and 8:00 a.m. on Monday through Saturday. (Code 1984, §§ 4.23, 4.32, 4.33, 4.41, 4.60(2KC)) State law reference—Hours and days of sale, Minn. Slat. i 340A.S04. Sec. 34-127. Restrictions on activities when sales not permitted. (a) Consumption. It is unlawful for any person to consume on on-sale license premises, or any licensee to penrit consumption of, any alcoholic beverage on licensed premises more than 20 min utes after the hour when a sale can legally be made. (b) Removal of containers. It is unlawful for any on-sale licensee to permit any glass, bottle or other container containing any alcoholic beverage to remain upon any table, bar, stool or other place where customers are served more than 20 min utes after the hour when a sale can legally be made. (c) Closing. It is unlawful for any person, other than an on-sale licensee's bona ftde employee actually engaged in the performance of his duties, to be on premises licensed under this chapter more than 30 minutes after the legal time for making licensed sales; however, this subsection shall not apply to licensees, employees of licens ees and patrons on licensed premises for the sole purpose of preparing, serving or consuming food or beverages other than nonintoxicating malt liquor, wine or liquor. (d) Display. No person shall display any alco holic beverage to the public in any manner in an on- or off-sale licensed operatior. during the hours in which consumption is not permitted. (Code 1984, 5 4.16(11 —(3). (8)» CD34:15 f 84-lte ORONO CITY CODE Sec. 34*128. Service by underaged penons. No person under 18 years of age may serve or sell intoxicating liquor in a retail intoxicating liquor establishment. State law rafaiaaca Similar proviBions, Minn. Stet. 1340A.413. nibd. 10. Sec. 84*129. No liquor in licensed restau* rants. No person shall consume or carry any alcoholic beverage to or into any restaurant with the pur* pose of consumption in the restaurant. (Code 1984, i 4.16(7)) Sec. 84*180. Sale in hotel guest rooms. No sale of intoxicating liquor shall be made to or in guest roonu of hotels ui^ess the rules of such hotels provide for service of food in guest rooms and unless the sale accompanies and is incidental to the regular service ct meals to guests in the hotel. (Code 1984, fi 4.31(17)) Sec. 84*181. Renwval of wine ftrom restau* rant. A restaurant licensed to sell intoxicating liquor or wine at (m*sale may permit a person purchas* ing a foil bottle of wine in coqjunction with the purchase of a meal to remove the botUe on leaving the licensed premises provided the bottle has been opened and the contents partially consumed. A removal of a bottle under the conditions de scribed in this section is not an off-sale of intoxi cating liquor and may be permitted without addi tional license. Stete lew refcreace—Similar pro\‘itiont, Minn. Stat. « 340A.404. aubd. 11. Sec. 34*132. Notice posting. Premises licensed for the retail sale of alcoholic beverages and a municipal liquor store must post and maintain in a conspicuous place within the licensed premises clearly visible to consumers one sign 14Va inches wide by eight inches high, as designed by the commissioners of health and public safety, which incorporates the following information: (1) The penalties of diiving while under the influence of alcohol; (2) Penalties for serving alcoholic beverages to a person who is obviously intoxicated or under 21 years of age; and (3) A warning statement regarding drinking alcohol while pregnant. Stete law reference—Similar proviaiona, Minn. Stat. i 340A.410, aubd. 4b. Sec. 34*133. Racial discrimination; clubs. No retail license to sell alcoholic beverages may be issued or renewed to a club which discrimi nates against members or applicants for member ship or guests of members on the basis of race. Stete law reference—Similar proviaiona, Minn. Stat. i 340A.410, aubd. 6. Sec. 34*134. Gambling prohibited. (a) No retail establishment licensed to sell alcohoUc beverages may keep, possess, operate, or permit the keeping, possession or operation on the licensed premises of dice or any gambling device as de^ed in Minn. Stat. $ 349.30, or permit gambling in the establishment except as provided in this section. (b) Gambling equipment may be kept or oper ated and raffles conducted on licensed premises and adioining rooms when the use of the gam bling equipment is authorized by Minn. Stat. ch. 349, a tribal ordinance in conformity with the Indian Gaming Regulatory Act, or a tribal-state compact authorized under Minn. Stat. § 3.9221. (c) Lottery tickets may be purchased and sold within the licensed premises as authorized by the director of the lottery under Minn. Stat. ch. 349A. (Code 1984, §§ 4.22(1), 4.31(4), 4.40(1MD)) Sec. 34*135. Coin*operated devices. Coin-operated amusement devices may not be made available in establishments licens^ solely for the off-sale of intoxicating liquor or municipal stores which sell only at off-sale. An establish ment holding a combination on-sale and off-sale CD34:16 J f ALCOHOLIC BEVERAGES 5 34-137 license or a municipal liquor store which sells at on-sale and ofif-sale and which makes coin- operated devices available shall keep such devices to the greatest extent possible in that area of the establishment where on-sales are made. State law rafaraaoa Similar praviaiona, Minn. Stet. 1340A.410, aubd. 9. Sec. 84-136. Mne tastings. (a) Definitions. The following words, terms and phrases, when used in this section, shall have *^he meanings ascribed to them in this subsection, except where the con' sxt clenrly indicates a dif ferent meaning: Wne tasting means an event of not more than four hours' duration at which persons pay a fee or donation to participate, and are allowed to con sume wine by the glass without paying a separate charge for each glass. (b) Authorized. (1) A charitable, religious or other nonprofit organization may conduct a wine tasting on premises the organization owns or leases or has use donated to it, or on the licensed premises of a holder of an on-sale intoxi cating liquor license that is not a tempo rary license, if the organization holds a temporary on-sale intoxicating liquor li cense and complies with this section. An organization holding a temporary license may be assisted in conducting the wine tasting by another nonprofit organiza tion. (2) An organization that conducts a wine tasting under this section may use the net proceeds from the wine tasting only for: The organization's primary nonprofit purpose; or b.Donation to another nonprofit orga nization assisting in the wine tast ing, if the other nonprofit organiza tion uses the donation only for that organization's primary nonprofit pur pose. No wine at a wine tasting under this section may be sold, or orders taken, for off-premises consumption. (4) Notwithstanding any other law, an orga nization may purchase or otherwise ob tain wine for a wine tasting conducted under this section from a wholesaler li censed to sell wine; and the wholesaler may sell or give wine to an organization for a wine tasting conducted under this section and may provide personnel to as sist in the wine tasting. A wholesaler who sells or gives wine to an organization for a wine tasting under this section must de liver the wine directly to the location where the wine tasting is conducted. (5) This section does not prohibit or restrict a wine tasting that is located on on-sale premises where: a.No charitable organization is partic ipating; or b. The proceeds are for a designated charity but where the tasting is pri marily for educational purposes. State tew reference—Similar provisions. Minn. .St.it. i 340A.418. Sec. 34-137. Sales of ethyl alcohol and neu tral spirits prohibited. (a) Ethyl alcohol; neutral spirits. No person may sell at retail for beverage purposes ethyl alcohol or neutral spirits, or their substitutes, possessing the taste, aroma and characteristics generally attributed to ethyl alcohol or neutral spirits. Nothing in this section prohibits the man ufacture or sale of other products obtained by use of ethyl alcoh^' or neutral spirits as defined in United States Treasury Department, Bureau of Internal Revenue, regulations 125. article II. Stan dards of Identity for Distilled Spirits. (b) Maximum alcohol content. No person may sell for beverage purposes any spirits, distilled from grain or com, with an alcohol content of 80 percent or more, which equals 160 proof or more, unless such spirits have been aged in wood casks for not less than two years. State tew reference—Similar provisions. .Minn Stat. 5 340A.506. CD34;17 il M...a. V • • — 1 ‘ v;*-- > I34-13S ORONO CITY CODE Sec. 34*1S8. Certain sizes may be sold. An off-sale retailer of intozicating liquor may sell distilled spirits in bottles of 50 milliliters. State law (etneBce—Siaiilar proviaiona, Minn. Stat. 1340A511. Sec. 34>189. Coatsdners brou^t into pre* mises. A licensed retailer of alcoholic beverages may prohibit any person from bringing into the li censed premises any container of alcoholic bever ages, or from consuming from such a container on the licensed premises, without the licensee’s per mission. state law raftraaea—Similar provisions, Minn. Stat 1340AS12. Sec. 84*140. Refilling bottles. It is unlawfril for a person to sell, offer for sale, or keep for sale alcoholic beverages in a package or botUe whidi has been refilled or partly refilled. (Code 1984, S 4.31(6)) State law relBieaoa—Similar provisions, Minn. Stat 1340A.508, subd. 1. See. 84*141. Samples authorized. Off-sale licensees may provide samples of malt liquor, wine, liqueurs, coi^als and distilled spir its which the licensee currently has in stock and is offering for sale to the general public without obtaining an additional license, provided the wine, liqueur, cordial and distilled spirits samples are dispensed at no charge and consumed on the licensed premises during the permitted hours of off-sale in a quantity less than 100 milliliters of malt liquor per variety per customer, 50 millili ters of wine per variety per customer, 25 millili ters of liqueur or cordi^, and 15 milliliters of distilled spirits per variety per customer. (Code 1984, § 4.31(18)) State law reference—Similar provisions, Minn. Stat. i 340A510, subd. 1. Sec. 84*142. Liqueur-filled candy. Liqueur-filled candy may only be sold in an exclusive liquor store. State law reference—Similar provisions, Minn. Stat. S340A908. Sec. 34*143. Bottle clubs. (a) No business establishment or club that does not hold an on-sale intoxicating liquor li cense shall directly or indirectly allow the con sumption and display of alcoholic beverages or knowin^y serve any liquid for the purpose of mixing with intoxicating liquor without the per mit required by state law. (b) Every bottle, container or other receptacle containing liquor stored by a member of a bottle club shall have attached to it a label signed by the member of the club and shall be kept in a locker designated to the use of such member: and no other liquor shall be on bottle club premises. (c) It is unlawful for any club member under the state established legal drinking age to be assigned a locker for the storage of liquor or to consume or display liquor on any premises under control by such club. (d) Liquor sold, served or displayed in viola tion of this section shall be subject to seizure for purposes of evidence. (Code 1984, $S 4.16(7XA). 4.6(H2XA), (2XB), (2XE)) 9»m» i2>w refersBce-'Bottle dubs, Minn. Stat 1340A414. Sec. 84*144. Nudity or obscenity prohibited. (a) Definitions. The foUo’ving words, terms and phrases, when used in this section, sh^ have the meanings ascribed to them in this subsection, except where the context clearly indicates a dif ferent meaning: Nudity means uncovered, or less than opaquely covered, post-pubertal human genitals, pubic ar eas, the post-pubertal human female breast below a point imme^ately above the top of the areola, or covered human male genitals in a discemibly turgid state. For purposes of this definition, a female breast is considered uncovered if the nip ple only or the nipple and the areola only are covered. Obscene performance means a play, motion picture, dance, show or other presentation, whether pictured, animated or live, performed before an audience and which in whole or in part depicts or reveals nudity, sexual conduct, sexual excitement CD34;18 ’1 1 I S il I ^ I- ' ALCOHOLIC BEVERAGES i 34-144 or Badomasochistic abuse, or which includes ob> scenities or explicit verbal descriptions or narra tive accounts of sexual conduct. ObaetnitieM means those slang words currently generally rejected for regular use in mixed society that are used to refer to genitals, female breasts, sexual conduct or excretory functions or products, either that have no other meaning or that in context are clearly used for their bodily, sexual or excretory meaning. Sadomaaochiatie abuae means flagellation or torture by or upon a person who is nude or clad in undergarments or in revealing or bizarre cos tume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed. Sexual conduct means human masturbation, sexual intercourse, or any touching of the geni tals, pubic areas or buttocks of the human male or femide, or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification. Sexual excitement means the condition of hu man male or female genitals or the breasts of the female when in a state of sexual stimulation, or the sensual experiences of humans engaging in or witnessing sexual conduct or nudity. (b) Unlawful act. It is unlawful for any person issued a license provided for in this article to permit upon licensed premises any nudity, ob scene performance or continued use of obscenities by any agent, employee, patron or other person. (Code 1984, § 4.80) Stot* law rcferoBeet—Indacent txposurt, Minn. Stat S 617.23; obsctnity, Minn. Sut. } 617.241. CD34:19 «aaa June 21,2005 CityOfOrono 2750 Kelley Parkway Orono, MN Attn; Mike Gaffron JUhi 2 t , crryQ^ °'^0«OA,o RE: Narrows Saloon Dear Mr. Gaffion: It is my understanding that the Planning Commission approved the application 05-3121 submitted by the Narrows Saloon owners. Due to the staff report not being available until the meeting I was unable to receive answers to a number of questions that are critical to my understanding of the project. I trust that the answers will be provided by your department, to the extent you have the information, in a timely manner thus allowing the City Council to receive legitin'.ate and accurate discourse regarding the application. My questions are as follows: 2) 3) 4) 5) 6) 7) 8) How was the municipal lot obtained, by purchase or dedication? From whom and when? If purchased how niuch was paid? Who maintains it (plowing, sweeping, striping, repairs, etc.)? Do the businesses that benefit pay for the expense? Who insures it and has liability on the property? With regard to the many variances sought please describe in detail the City’s findings of hardship for each in accordance with ^qiplicable law. With regard to parking please indicate whether the City will be properly, in accordance with City Code, developing a parking lot striping layout with legal dimensions in order to determine the true number of spaces provided in the municipal lot. Please advise as to the Lot Coverage if the approved patios are included in the computation. The site plan shows trees in the sidewalk. Please advise if it is the City’s intent to allow these obstructions in the already too narrow sidewalk and who will be responsible for their maintenance. Please provide a copy of the City Noise Ordinance and the appropriate enforcement official. Please provide a listing of all police calls regarding the Navarre Saloon since opening with regard to excessive noise. Also, any police records detailing enforcement of traffic laws for illegal motorcycle mufflers in the vicinity. Provide the name of the appropriate enforcement official for same. As regards the CUP No. 4530 authorizing the Saloon there were six conditions. One was that the City would review after one year the use of the building in relation to live entertainment and noise levels generated. Please provide a copy of that report. Item #2 states that the Saloon shall J 9) 10) 13) 14) close at 1:00 a.m. The state law now allows bars to remain open until 2:00 a.m. Has the Saloon been allowed to stay open until 2:00 a.m. in open violation of the CUP? Please provide the City’s methodology and protocol for measuring a *‘noise violation” and the official responsible for same. Indicate whether the City will require a traffic and parking study from the applicant prior to final approval. Imlicate whether the City has any cogent plan for redevelopment of Navarre. Does the City have TIF or other economic assistance available to developers to aid in redevelopment? With regard to increased enforcement burden on our police department - has the Chief been consulted in terms of predicting the additional costs policing the expanded facility will involve? What are they? Advise whether the City has conducted any traffic studies for the Navarre district with regard to crosswalks, turn lanes, points-of-access, etc. Have any other agencies? Where can these be viewed? Indicate if there is precedent elsewhere in the City for collective excuses from codes, laws and ordinances being sought by the applicant and where. It was reported that the Saloon has a great and positive economic impact on the Navarre area and that people spend their money in Navarre, thus benefiting the neighborhood. Please advise if the City has any factual information in this regard. The an>licant stated that the expansion is for family dinner seating at low- top tables and not for expansion of the bar. They then admitted that they will be serving alcohol in all areas - including outside. Is this allowed by City or State law? Has the City requested - or been furnished - a breakdown of Saloon sales as to food and liquor percentages as is customary when considering liquor ^)plications? Neighbor cities such as Excelsior have had a great deal of experience with this type of use adjacent to residences. The former Mai-Tai and Maynard's in particular. These bars were required to shut down outside music (speakers included) at 10:00 p.m. Why is the staff not recommending similar restrictions? As a resident with small children I am personally appalled at the total disregard by the Planning Commission for our concerns. Clearly the desire to have a place to consume alcohol, smoke and then depart in a motorized vehicle to put our children at risk is a major goal for the City Of Orono. as evidenced by those in attendance. I was particularly thankful for being allowed to stay over four hours to listen to testimony from Watertown residents who own no property in Orono as to why I should mo\ e somewhere else if 1 don’t like the noise. I have, in fact, lived on Kelly Avenue for over a decade and LONG before the Saloon was approved. As a real estate developer with knowledge of zoning laws I am intrigued by the City’s complete disregard for variance justification, particularly -In mill ■! iTiiifaiiUtl 1 ui t ♦ n given my personal experience on the subject and the City’s previously stated zero-tolerance policy. This precedent will surely set the tone for future supplicants as it appears that a hardship is NOT required but, rather, a donation to the Park l^ard will suffice. One of the clear and negative impacts of this pending approval is that it will preclude further redevelopment of the north side of Navarre rather than serve as an impetus. This is a simple fact given that it alone will generate parking demand requiring most of the municipal lot. It will preclude the procurement of any additional retailers. Already it has cost two valuable local service providers (dry cleaner and nail shop). The plans as submitted do not comply with the existing CUP. The applicant, contrary to the staff report, has complied with only ONE of the SIX conditions set forth in the CUP (maintaining a liquor license). The City has iqtparently done nothing to enforce the existing conditions or the existing CUP would have been revoked. We, as good neighbors, have been tolerant and, recognizing that many people wish to frequent bars, have only rarely complained of the noise and disruption caused by the Saloon. We experience so much noise that we are not able to open our windows in the evening. The ability to open our windows was a major reason for living here. Apparently the squeaky wheel gets the grease. Wc will all be much more vigilant in reporting violations to the police department in the future. Contrary to the applicants statements that the grocery store air conditioner makes more noise than his bar be advised that none of u« have ever heard such a noise as they have employed a state-of- the-art unit that has low noise levels. We DO, however, experience trash hauler and delivery noise at 6:00 a.m. daily that needs to be addressed. The laws of the State of Minnesota prohibit the issuance of a liquor license in a residential zoning district. They do so for good reason. Alcohol and residences do not mix. The fact that this sliver of land is zoned Business does not mitigate the fact that it is completely surrounded by residential uses. The fact that a bar previously existed on a portion of the site is completely irrelevant to any past, current or future applications as they all must be considered on their own merits. This brazen attempt to expand a business to over three times its permissible size under the City Code, simply because it can make more money if it does so, is transparent and reprehensible. The Saloon al. .ady makes a large portion of its profit by virtue of its competitive advantage over other restaurant/bars (such as Lord Fletchers) that were required to purchase and maintain their own parking lots. Additionally, the bar’s square footage already exceeds City Code. To exacerbate the Saloon’s non-conformance in the absence of any hardship is not only irresponsible - it is unlawful. I« and my nei^bon, trust that the City and its elected representatives will respect their obligation to the residents of Navarre to enforce the law and regulate business within the prescribed limits set fordi in the City Code. To do otherwise will surely result in unwanted and unanticipated consequences. Please include this letter in the Council Members package and m^e it a part of the legal record. Thank you for your consideration. Bradley A. Hoyt 2507 Kelly Avenue Cc: Planning Commission & Council ■■ <. a,?*-- . i- ■ ^ ■ . * .1 M'- ' .'H ■■ -i % -m • •>/ r. ^ u. ■■ rfWrtiiiitnilum I III I iiiiMiiiHHliiaii iiilllitoilll I iiki iirMtifiltiim-i 1*; MediacoiiP BUlJmsat Regional Vice President VIA CERTIWED MAlt June 29.200S Dear Orono Community Official: received 0 5 2005 CITY OF ORONO This letter is part of our ongoing effort to make you aware of any upcoming changes in your community's cable television ^tem before they happen. Beginning in August, Mediacom's residential customers will see an adjustment to their monthly billing statement for the Basic Service portion of their cable television service. Please be advised that begitming with customers ’ August billing statements, the rate for Basic Service will increase $2.00 fimn $13.50 to the new rate of $15.50. However, the overall rate for Famil y Cable will itmair T tiff ?“"e at $47.95. Since most of our customers have Family Cable, the vaal —iaritv ot —r subscribers hi vonr communitv will not see anv change in Rates firr instaMation and equipment will not be adjusted. Mediaoom ’s operating costs continue to rise, including increases in technology improvements and employee health care and benefits. While we have absorbed some of these costs, we must pass on part of diese increased expenses to our customers. Mediacom strives to provide our customers widi die best value in crMe televisirm entertainment and servi'v. We are delivering significandy inqMoved caUe and broadband products and services. Mediacom continues to improve our cable television systems and had made significant investments in customer care, irKluding providing 24/7 customer service and same day leqionae for the majority of trouble call requests. We believe our customers are receiving more value for their cable dollar than ever before. Should you have any questions or comments, feel fiee to conuict me at (507) 835-2356, or via e-mail at bjensen@mediacomcc.i Kt II Sincerely, /T,b7 BiiyVcnsen All lirfnJIi Mediacom Commuaications Corporation 1504 2’*'* Street SE, Wateca, Minnesota 56093 Telepboae: 507-S35-2356 • Fax 507-S35-4567 TOiiig. ,V CONDENSED MINUTES OF THE REGULAR MEETING OF THE BOARD OF EDUCATION OF ORONO INDEPENDENT SCHOOL DISTRICT NO. 278 HELD ON May 9, 2005 The regular meeting of the Board of Education of Orono Independent School District No. 270 was held on Monday, May 9, 2005. Michele Kunz Mike Bash Karen Orcutt Neal Lawson Present: Jack Veach John Malone Dick Lewis Absent: Martha Van de Ven UPON MOTION by Dick Lewis, seconded by John Malone, the consent agenda was approved as follows: • approved the minutes of April 25, 2005, regular meeting; approved the appointment of David Benson as principal of Orono High School effective July 1, 2005; • accepted the resignation of Jennifer Lubke, Orono Middle School teacher, effective at the end of the 2004-05 school year; approved the request of Charles Witcombe, Orono High School teacher, for a .4 leave of absence for the 2005- 06 school year; • approved the appointment of Dr. Patricia Wroten as principal of Orono Middle School effective July 1, 2005; - approved the contribution to the recognition/retirement breakfast; • approved the call for health insurance bids; • approved the bills as covered by vouchers 140306 through 141470. Motion carried. Dr. Orcutt expressed congratulations to Mr. David Benson on his appointment as the high school principal and to Dr. Pat Wroten on her appointment as the middle school principal; and, informed the Board regarding the OEA breakfast and staff recognition. TERMINATION AND NON-RENEWAL OF PROBATIONARY TEACHERS CONTRACTS: Dr. Orcutt stated that continuing contract law in the State of Minnesota requires that Boards of Education take explicit action of non-renewal or the contract continues automatically into the coming school year. All of the individuals who are being proposed for non-renewal have been notified of this proposed action. ! i ii •v: INDIVIDUAL RESOLUTIONS ON FILE IN DISTRICT OFFICE ADMINISTRATIVE REPORT; Mr. Steve Fedie, Athletic Director, reviewed the year in athletics, inclusive of information in regard to the Orono coaching staff. He provided an overview of Orono's conference history and reported on the District's recent placement to the Wright County Conference. LANGUAGE ARTS ADOPTION: Mr. Aaron Ruhland, Director of Learning 6 Accountability, Paula Martin, Orono Intermediate School Principal/liaison to language arts, Beth Pearson and Kathy Recher, adoption committee members, presented the language arts ^•doptlon recommendation. UPON MOTION by Michele Kunz, seconded by Dick Lewis, the Board of Education approved the language arts adoption recommendation as presented. Motion carried. APPOINTMENT TO INTERMEDIATE DISTRICT 287; Dr. Orcutt informed the Board that Ms. Kunz's term on the Intermediate District 287 Board ends on June 30 and she recommended that the Board appoint Ms. Kunz to another two year term. Dr. Orcutt expressed appreciation to Ms. Kunz for her willingness to continue as the District's representative to 287. UPON MOTION by John Malone, seconded by Mike Bash, the Board of Education approved the appointment of Michele Kunz as the representative of Independent District 278 to Intermediate District 287. Motion carried. 2004-05 REVISED BUDGET AND 2005-06 PRELIMINARY BUDGET; Mr. Lawson presented information to the Board on enrollment, general fund financials, fund budgets, and forecasts in relation to the 2004-05 revised budget and 2005-06 preliminary budget. He answered questions from the Board for clarification purposes and stated that approval will be requested at the June 13, 2005 meeting. UPON MOTION by Michele Kunz, seconded by Dick Lewis, the Board meeting was adjourned. Motion carried. Michele Kunz, Clerk Jack Veach, Chair