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08-08-2005 Council Packet
<» Public A ttendance Meeting D ate 9>S'0^ QIjC ouncil □ Planning C ommission □ Park C ommission □ Other Please filloutthe information requested BELOW FOR OUR CITY RECORDS. NAME (please prlat)ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER 1. Pkuo s 3. ^ygyj t.*.r\jL 4 s.C^4<;.V> Pt- i?r> 6. 7.. 8*. 9.. 10. 11. 12.. 14.. 15.. W:\A*iifcdliiBii w... - —^... ---- COIIMni MrcrriKJG AUG 8 200S AGENDA FX>R COUNCIL MEETING SET FOR MONDAY, AUGUST 8, ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MlNN^C^^ (*) 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 APPROVAL OF MINUTES * 2. Regular Council Meeting of July 25,2005 PRESENTATION 3. Recognition of Hennepin County Water Patrol, Orono Police Department, Long Lake Fire Department and Excelsior Fire District for Outstanding Service Related to Lake Minnetonka PARK COMMISSION COMMENTS > Rick Rice, Representative PLANNING COMMISSION COMMENTS - J. Marc Fritzler, Representative PUBLIC COMMENTS - aimit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT * 4. M)5-31 12 Loren and Stacey Schoenzeit, 4480 Forest Lake Landing - Variance and Subdivision - Resolution 5. 805-3125 Christine Valerius, 2377 Shadywood Road - Conditional Use Permit • Amend Resolution * 6. 805-3126 Todd and Mysti Coumeya, 4620 Tonkaview Lane - Variance - Resolution * 7. 805-3128 Gregory O’Connor and Richard Fruen, 400 and 410 Big Island - Lot Line Rearrangement - Resolution 8. 805-3129 Ascent Investments, Inc. on behalf of Douglas Klint, 1345 Rest Point Lane - Variance 9. 805-3130 Stephen and Jean Skoro, 2428 Casco Point Road - Variance - Resolution * 10. 805-3133 Bruce and Elizabeth Nusbaum, 3480 North Shore Drive - Variance - Resolution 11. 805-3138 Dan Larkin on behalf of Sandra Benson, 1376 Baldur Park Road - Variance - Resolution 12. Home Occupation License Review - 830 Forest Arms Lane MAYOR/COUNCIL REPORT PUBLIC SERVICE DIRECTOR'S REPORT 13. Request for Payment Number 1 - Navarre Water Tower Rehabilitation 14. Approve Eminent Domain Settlement Baldur Park Drainage Easement CITY ADMINISTRATOR'S REPORT 15. Mn/DOT Traffic Signal Agreement - Resolution .♦ T f t AGENDA FOR COUNCIL MEETING SET FOR MONDAY, AUGUST 8,2005,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA CITY ATTORNEY'S REPORT 16. LICENSES Special Event * 17. BILLS UPCOMING ISSUES AND EVENTS 2005 08/08 - Council Meeting, Monday, 7:00 p.m. 08/11 - Council Work SeMion, Thursday. 5:45 p.m. 08/15 - Planning ConuniMion Meeting, Monday, 6:00 p.m. 08/22 - Council Meeting, Monday, 7:00 p.m. 08/25 - Council Work Seaaion, Thursday. 5:45 p.m. 09/05 - HOLIDAY, Labor Day 09/06- Resume Regular Office Hours, 8:00 a.m. - 4:30 p.m. 09/06 • Park Commission Meeting, Tuesday, 7:00 p.m. 09/07 - Planning Commission Woric Session, Wednesday, 5:30 p.m. 09/12 - Council Meeting, Monday, 7:00 p.m. 09/15 - Council Work Session, Thursday. 5:45 p.m. 09/19 - Planning Conunission Meeting, Monday, 6:00 p.m. 09/26 - Council Meeting, Monday, 7:00 p.m. 09/29 - Council Woik Session, Thursday. 5:45 p.m. K MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 25,2005 7:00 o ’clock p.m. H/ICCTIMQ AUG 6 2005 CITY OF gRONQ ROLL The Council met on the above mentioned date with the following members present: Mayor Barbara Peterson; Council members Bob Sansevere, Jim Murphy, Jim White, and Lili McMillan; City Attorney Thomas Barrett; Representing staff were. City Administrator Ron Moorse. Planning Director Mike Oaffron. Planner Melanie Curtis; Engineer Tom Kellogg. Public Service Director Greg Gappa, and Recorder Kristi Anderson. Mayor Peterson called the meeting to order at 7:00 P.M, followed by the Pledge of Allegiance. CONSENT AGENDA 1. Approvc/Ancnd Items 12, IS, 16,17,19,20,23,24,25, and 26 were added and item #3 was removed from the Consent Agenda. Morphy moved, Saaacvcrc seconded, to approve the Consent Agenda as ai 5, Nays •. ided. Vote: Ayes APPROVAL OF MINUTES *2. REGULAR COUNCIL MEETING OF JULY 11,2005 Mnrphy moved, Sansevere seconded, to approve the Mlnntes of Jnly II, 2005, as snbmltted. VOTE: Ayes 5, Nays 0. PARKC USSION COMMENTS No representative was present. - Big Island Park Tour August 1,2005,5:00 p.m. PLANNING COMMISSION COMMENTS - RALPH KEMPF Kempf stated that he had nothing to report, but would remain for questions. PUBLIC COMMENTS There were none. ZONING ADMINISTRATOR'S REPORT 3. 005-3091 CATHERINE SALLAS, 3635 NORTH SHORE DRIVE - AFTER-THE- FACT VARIANCE - RESOLUTION NO. 5356 With regard to policy, Murphy asked if the City often passes a Resolution with a caveat that inspectors must go out and follow-up on something. PAGE I of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 25,2005 7:00 o’clock p.m. (3. m-Sm CA THERiNE SALLAS, 3635 NORTH SHORE DRIVE, Continued) Gaffron explained dial, while the inspectors have performed the preliminary review, it is not uncommon nor were the inspectors concerned wiUt having to return later. Curtis stated that the property had been sold and that the new owner had agreed to the removals of the stair and railing on the deck before the expiration. Mnrphy Bovcd, WkHc sccoadcd, to adopt RESOLUTION NO. 5356, A Resolnttoa granting aide, lake setback and knrdcover variances in conjnnction with renMval of the portion of the grade-level deck whkh extend past the average lakcshorc setback line. VOTE: Ayes 5, Nays 0. 4. #05-3104 DAVm AND RENEE MACK, 1978 SHADYWOOD ROAD- VARIANCE Curtis explained that the applicants submitted a revised proposal to the Planning Commission and are requesting a number of variances in order remove a detached garage, construct a garage attsrhf«t to the house, footprint additions to the house, and a 2”^ story addition over the house and the new attached garage. The Planning Conunission voted to recommend approval of the lake sediock variance for a 2"^ story addition above the existing footprint; a hardcover variance within the 0-75’ zone for 25% hardcover; a hardcover variance within the 75’-250' zone to allow an attached garage; and additions not to exceed the existing level (16%) of structural coverage, while reducing the proposed driveway hardcover (eliminate the turn around loop). Though the applicants have submitted a revised plan, the plans still require a structural coverage variance for 18% where 16% currently exists. Curtis stated that the Planning Staff continues to recommend denial of the structural coverage variance in order to expand the house footprint square footage. Sansevere stated that be was having difficulty finding a hardship to warrant 18%. Mr. Mack stated that the size of the lot was his hardship. At lOO'X 100’, the lot was not too deep or wide. The applicants ’ architect stated dut they had scaled back the garage to get closer to the structural coverage limitation. Gaffion noted that the 2% difference in structural coverage amounted to roughly 280 s.f. Murphy stated that he found it difficult to find a hardship to support the variance. He urged the applicant to build a small house to fit the small lot. Mack stated that his neighbor near the channel had recently been granted a variance to build a 20X22’ detached garage near the channel. McMillan stated that the current structural cover is 16%. noting that the additions to the house and garage have brought it to 18%. PAGE 2 of 10 .aklh.. L MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 25,2005 7:00 o’clock p.m. (4. M5-3I04 DA VID AND RENEE MACK, 1978 SHADYWOOD ROAD, Contihued) Sansevere suggested the applicant have his architect redesign the house to meet the 16% structural cover. Mayor Peterson stated that the applicants options would be to table for redesign with an extension or denial of the application which would mean a wait of 6 months to resubmit. Mack asked to be tabled in order to redesign and return. Saascvcre moved, White seconded, to table Applicatton M)5-3104,1978 Shadywood Road, for the purpose of redesIgB with a signed extension. VOTE: Ayes 5, naysO. *S. 80S-3107 SCOTT BISSEN AND MICHELLE MOREY, 82STONKAWA ROAD > VARIANCE - RESOLUTION NO. 5357 Mnrphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5357, a Resolution grantlBg a lot width variance in order to coastmct a new single family home on a lot 106’ in width at the shorehne and 139* at the 75’ setback where 140’ is normally required at 825 Tonkawa Road. VOTE: Ayes 5, Nays 0. *6. 805-3113 NATURAL ENVIRONMENTS CORPORATION ON BEHALF OF DENNIS AND AMANDA WALSH, 1354 REST POINT CIRCLE - CONDITIONAL USE PERMIT > RESOLUTION NO. 5358 Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5358, a Resolution grantlBg a condMonal use permit to conduct land alterations within 75’ of the lake for 1354 Rest Point Circle. VOTE: Ayes 5, Nays 0. *7. 805-3125 CHRISTINE VALERIUS, 2377 SHADYWOOD ROAD - CONDITIONAL USER PERMIT - RESOLUTION NO. 5359 Mnrphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5359, a Resolution grantlBg a conditional use permit for office at 2377 Shadywood Road. VOTE: Ayes 5, Nays 0. *8. 805-3127 JAMES AND MARGARET KELLY, 4445 NORTH SHORE DRIVE - VARIANCE - RESOLUTION NO. 5360 Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5360, a Resolution grantlBg a lot area and lot width variance for 4445 North Shore Drive. VOTE: Ayes 5, Nays 0. *9. 805-3132 BRAD AND CHERYL JONES, 2545 NORTH SHORE DRIVE - VARIANCE AND CONDITIONAL USE PERMIT - RESOLUTION NO. 5361 Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5361, a Resolution granting a lot area variance and coBdittonal use permit for All in excess of 500 cubic yards for property located at 2545 North Shore Drive. VOTE: Ayes 5, Nays 0 PAGE 3 of 10 T i I! I i 1 * MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 25,2005 7:00 o ’clock p.m. 10. IW5-3I33 BRUCE AND ELIZABETH NUSBAUM, 3480 NORTH SHORE DRIVE -VARIANCE Curtis stated that the applicants were requesting a conditional use permit for an accessory structure on a through-lot, and the following variances in order to construct a detached garage: side yard setback variance for 3.7’ where 10’ is required, rear yard setback for 15’ where 30’ is required, 75- 250’ zone hardcover for 30.8% where 25% is allowed and 30.2% was previously approved, 250- 500 ’ zone hardcover for 41.8% where 30% is normally allowed, and strucUiral coverage variance to allow 18 2% where 15.6% is allowed and 18% was previously approved. Curtis continued, stating that the Planning Commission voted approval of the CUP and variances as follows: a rear yard setback variance to allow a detached garage closer to the street than 30* stipulating that it be located to provide a minimum of 20’ driveway pavement; a 10’ side setback variance for a I '/a story detached garage with a footprint of 440 s.f. OR a 5 ’ side setback for a single story detached garage; hardcover variances in order to support the new garage and driveway construction. Mr. Nusbaum stated that they were looking for direction from the City Council in order to begin the building process. He noted that the new construction next door to their home had been built on a higher plane than their home and garage, thus leaving the current garage in a sort of swale. Murphy asked if the City had resolved the drainage problem along Birch Lane to their satisfaction. In addition, he commented that naturally, given what the applicants had endured, they should be able to get their garage out of the swale. Nusbaum stated that they were pleased with the road project. Engineer Kellogg stated that the trickiest part will be to direct water between the two neighboring properties using swales and down spouts to Birch Lane and away from the structure. Murphy asked whether the applicants were satisfied with the Planning Commission recommendations. Nusbaum stated that, given the fact that some of the Commissioners did not realize the neighbors ’ home was no longer <m the property line, it was evident they had not taken the time to \nsit the site. Murphy stated that the hardships imposed on these applicants over previous years due to drainage problems, warrant the need to alleviate their problems. Nusbaum stated that what remains of the current garage is 20’X22’, after having removed more than what was recommended by the City; roughly a 10’X22’ guest section and 8'X3’ chimney from the original garage. He pointed out that a minimal garage size is truly 22’X22’ for functionality, and is a reasonable request in their mind. White agreed that a minimal garage is 22’X22’. He believed a 5 ’ minimum side setback for a 1 story garage and 10’ side setback for a 1 'A $t<xy garage was necessary. PAGE 4 of 10 i 1 llllMMllllii II I wain MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 25,2005 7:00 o’clock p.m. (10. 005-3133 BRUCE AND EUZABETH NUSBAUM, 3490 NORTH SHORE DRIVE, ConttmueO) While the garage sits 3.5* off the side yard, Nusbaum noted that any more than 5’ would obstruct the view from die house. A plan which was designed ^leciflcally with a garage in the same footprint or location was approved by the previous Council. The builder, Ross Langhans, stated that the building inspectors stated they could likely gamer an additional 1>1 */a’ from the overhangs. Sansevere noted that, typically, staff includes a recommendation with an application; which this seemed to be lacking. Gaffron stated that due to so many variables, staff found it difficult to make a recommendation; however, a 10’ side setback would be preferable to a S’ one. Murphy suggested the applicant consider a higher pitch to the roofline in order to allow more storage space above. Lanidtuu stated that they had designed the garage to match the home. He pointed out that the survey and staff reports do not clearly identify the fact that the garage sits within two zones. Nusbaum pointed out that a 22 ’X22 ’ garage is 484 s.f., as opposed to the 440 s.f as recommended by the Plaiming Commission. He added that, several years ago when they had built their home, the minutes will reflect that the City Council gave them permission to build a garage in the same footprint as the current one. Sansevere stated that he wished to see a 10’ setback no matter if the garage was a single or 1 '/i story structure. Marphy awvcd. White seeoaded, to adept the Plaaniag ConmissfcHi recomncadatloa with a 10* sMc setback for a 22*X22* garage whether constructed as single or t *A story stractare for the garage located at 3480 North Shore Drive. Mrs. Nusbaum asked why they were not going to be given the 5* option. Murphy stated diat the City Council failed to identify a hardship to the land to support the 5’ option. VOTE: Ayes 5, Nays 0. *11. «05-3137 ROBERT AND VICTORIA JAFFRAY, 340 BARftETT AVENUE - VARIANCES - RESOLUTION NO. 5362 Marphy aatved, Sansevere seconded, to adopt RESOLUTION NO. 5362, a Resolatioa graatlag a front yard setback variance for 540 Barrett Avenue. VOTE: Ayes 5, Nays 0 PAGE 5 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 25,2005 7:00 o’clock p.m. *12. MORATORIUM ON DEVELOPMENT IN NAVARRE COMMERCIAL DISTRICT - ORDINANCE NO. 26,3*^ SERIES Marphy moved, Saucverc sccoaded, to adopt Ordlaance #26,3*^ Series establishing a naoratorinm prohlbMag the granting of preiimlnary subdivision approval, zoning (CUP/variance) approval, rezonIng, or PUD approval for any property zoned or used for commercial use adjacent to County Rods IS and 19 within the Navarre commercial area in the City of Orono. VOTE: Ayes S, Nays 0. 13. STONEBAY DEVELOPERS AGREEMENT ASSIC ^iMENT APPROVAL Gaffron explained that outlets need to be pan of the legal description and have been added in, as have the undeveloped additions. White moved, Sansevere seconded, to authorize the Mayor and City Clerk to execute the attached First Amendment to PInnned Unit Devehqiment No. 4 Agreement. VOTE: Ayes 5, NaysO. 14. APPEAL OF ENFORCEMENT ACTION - 2600 CASCO POINT ROAD Curtis stated duit, in response to a nuisance complaint, a property inspection was performed at 2600 Casco Point Road on May 23,2005. At that time, staff met with the property owner and together performed the site inspection, noted violations, and documented with photos. The property owner was provided with the appropriate City Code sections in the notice of violation letter. Curtis noted that the applicant worked with staff to remove most of the existing violations and the remainder of the materials on the site have been negotiated to extended deadlines with the exception of the Iractor/backhoe. Curtis suggested that the Council discuss whether or not the City Code Section 78«lS77c classifying the tractor/backhoe constitutes ‘special mobile equipment’ and is therefore prohibited within Residential Districts. She pointed out that the neighb<^’ supporting statements have been included for Council review. Raster stated that he bought the tractor 30 years ago, and that it sits on the property down a hillside hidden by trees. He added that he has no trailer and simply uses it for his personal use. He distributed numerous neighbors’ comments that supported his use of the tractor, and acknowledged that many cannot even see it in the woods. As a nearby neighbor. White stated that he, too, could not see the tractor. Murphy stated that he parks his bobcat in his garage and the law states that Mr. Raster must also. He pointed out that staff and Council spent a great deal of time developing the spiecial mobile equipment ordinance and must enforce it. Raster reiterated that, although the tractor is not parked in the garage, it is fully screened. He stated that he did not wish to construct a structure and lose the trees along the hillside. Murphy voiced concern that the City might be opening a ‘Pandora's box* if it fails to enforce its code a^ be consistent. PAGE 6 of 10 r MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 25,2005 7:00 o’clock p.m. (14. APPEAL OF ENFORCEMENT ACTION - 2600 CASCO POINT ROAD, Continued) Though he believed the hillside and trees provided adequate screening, White asked if Raster was willing to put up some additional screening. Raster stated that he would if he must, but questioned why he would wish to draw attention to something that is currently screened. Curtis stated that the Ordinance states that special mobile equipment is prohibited from outdoor parking or storage within the *R’ District. Gafliron added that the Ordinance does not ‘grandfather’ special mobile equipment. White stated that the Ordinance states it must be kept inside a building, pole shed, or other legal accessory structure. Sansevere asked if Raster had other storage options. Raster stated that he uses die tractor in the winter mostly for snow removal. He questioned k>w, after 30 years of owning his tractor, he was now considmd nonconforming and might be forced to get rid of his piece of equipment. Mayor Peterson asked whether the City could attach a timeline for its removal, say 10 years or more. Murphy suggested the City table the item and discuss die Ordinance during a work session. If tabM, Raster could keep the tractor where it is currently until die City determines what to do in various situations. He maintained that the City must enforce their Orchnances and support staff or take more time to consider ramifications of certain Ordinances. Moorse stated that staff and Council could take time to evaluate the Ordinance and, if an amendment to the Ordinance is necessary, proceed in that direction. Mnrphy moved. Mayor Peterson seconded, to table the Appeal Notice of Violation, pending CUy Connell review of the Ordtnnnce. VOTE: Ayes 4, Nays 1, Sansevere dissenting. Sansevere wished a time limit for teview be placed on the item. *15. SEPTIC CODE AMENDMENT - ADD ENFORCEMENT LANGUAGE - ORDINANCE NO. 27.3'^ SERIES Murphy moved, Sansevere seconded, to adopt ORDINANCE NO. 27, Third Series, an Ordinance Amending Chapter 58 of the Orono Municipal Code by Addiag Section 58-72, Part C, Regarding Enforcement of Septic Code. VOTE: Ayes 5, Nays 0 PAGE 7 of 10 1 I I MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 25,2005 7:00 o’clock p.m. MAYOR/CITY COUNCIL REPORT Murphy stated that the railroad construction is nearly complete and trains are expected to begin moving on the new tracks August 8,2005. He indicated that f'A at-grade crossings will be replaced with overpasses or eliminated. McMillan sttted that the Dakota Rail Meeting would be held Tuesday aAemoon at which time Three Rivers Park District would be collecting comments on its master plan. She suggested that as many supporters of the trail be in attendance as possible. Moorse stated that he believed the meeting was scheduled in order to collect input about how the trail should be used. White suggested that meter readings be collected measuring water use by the Navarre Fire Station for residential bums. *16. PROCLAMATION - NATIONAL NIGHT OUT - RESOLUTION NO. 5363 Murphy moved, Sauscvcrc iccoudcd, to adopt RESOLUTION NO. 5363, a Resolution proclaladag August 2,2005, as National Ni^t Out ia order to strengthen neighborhood spirit and poHce relatlouships. VOTE: Ayes 5, Nays 0. PUBLIC SERVICE DIRECTOR’S REPORT *17. ACCEPT QUOTATIONS - WILDHURST FORCEMAIN REPLACEMENT Murphy moved, Sauscvcrc seconded, to accept the quotation in the amount of $13,600 from EJ Mayer’s Inc. Corcorau, Minnesota for the direc^nal boring work on the Wildhnrst Trad Forcemaiu Relocatiou Project with funding from the Sewer Fund Capital Budget and approval of the appropriate year 2005 budget adjustment to reflect this expenditure. VOTE: Ayes5,NaysO Murphy moved, Sauscverc seconded, to accept the quotation in the amount $5,500 from Vattcy>Rkh Inc. Chaska, Minnesota for the lift station piping connection work on the Wihflmrst Trail Forcemaln Relocation Project with fhnd^ frrom the Sewer Fund Capital Budget and approval of the appropriate year 2005 budget adjustment to reflect this expenditnre. VOTE: Ayes 5, Nays 0. Mnrphy nwvcd, Sanscverc sccoadcd, to accept the quotation in the amount $4,225 from Vall^'Rkh Inc. Chaska, Minnesota for the lift statioa Idcl rednetioa work on the Wildhnrst Trail Forcemaln Relocation Project with funding from the Sewer Fund Idcl Line Item Budget. VOTE: Ayes 5, Nays 0. PAGE 8 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 25,2005 7:00 o ’clock p.m. 18. APPROVE OF EMMINENT DOMAIN SETTLEMENT - ELMWOOD AVENUE McMUU b moved. Mayor Pctcnoa sccoadcd, to approve payment of the Commissioner ’s Award In the anwnnt of $23,024.15 to Charles E. Carlson, 1305 Elmwood Avenue, for the Elmwood Alley Vacatton Eminent Domain Proceedings to be ftinded from the 2005 Generai Fnnd Contingency Budget, and approval of a budget adjustment to reflect this expenditure. VOTE: Ayes 5, Nays 0. *19. REQUEST FOR PAYMENT NUMBER 1 - WEBBER HILLS SEWER EXTENSION Murphy moved, Sansevere seconded, to approve Request for Payment Number 1, Webber Hills Extension Sanitary Sewer Project to EJ. Mayers Inc. in the amount of $9326.15. VOTE: Ayes 5, Nays 0. *20. REQUEST FOR FINAL PAYMENT > GARDEN LANE SEWER EXTENSION Murphy moved, Sansevere seconded, to approve Request for Final Payment, Garden Lane Sanitary Sewer Extension Project to G.I. Contracting Inc. in the amount of $1,566.45. VOTE: Ayes 5, Nays 0. 21. INVOICE FOR LONG LAKE HRE STATION LANDSCAPING Morphy moved, Sansevere seconded, to approve the payment of $7,603.50 to Midland Nursery for the landKaping improvements, to be paid from the Joint Fire Station Construction Fund. VOTE: Ayes 5, Nays 0. 22. DONATIONS FOR THE OPERATION OF THE HIGHWAY 12 SHUTTLE/CIRCULATOR BUS Moorse wished to acknowledge the great participation and generous donations received from the business community. White moved. Mayor Peterson seconded, to approve donations from the State Bank of Loag Lake, Hickory Fine Homes, and Morrie ’s Automotive Group to fund the Highway 12 shuttle bus, and to express the City’s iqtpreclation for the donations. VOTE: Ayes 5, Nays 0. *23. POLICE SERGEANT 2005 CONTRACT SETTLEMENT Murphy moved, Sansevere seconded, to approve the PoUce Sergeant 2005 contract settlement with a 3% pay increase, the additloa of a 95% eatry pay step, an Insurance contribution of $565.00 per month, and an increase from 7 to 10 pre^nm pay holidays. VOTE: Ayes 5, Nays 0. *24. LIQUIDATION OF FORFEITED VEHICLES Morphy moved, Sansevere seconded, to approve the police department sefling a 2001 Chevrolet Camaro via: 2G1FP22K11214119? and a 1995 Ford Explorer vin: 1FMCU24X5RUB53544 as surplus city property. VOTE: Ayes 5, Nays 0. PAGE 9 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 25,2005 7:00 o ’clock p.m. *25. HIRE FULL-TIME COMMUNITY SERVICE OFFICER Marphy moved, Saascvere seconded, to Mre Ashley O’Roorke as a full time CommonUy Service Officer at the beginalag pay rate of SI 2.95, effective 7/21/05. VOTE: Ayes 5, Nays 0. CITY ATTORNEY’S REPORT - Attorney Barren had nothing to report. *20. UCENSES GarlageHaalers 1. Allied Waste Services (BH) 9013 Flylag Cload Drive Edea Prairie, MN 55347 2. BaMy Saaltatloa, lac. 5906 Henry Street Maple PIria, MN 55359 Special Event 3. Applicaat: Event: Location: Date: Thae: JaUe Johnson Wedding and picnic for approximately 100 goests 2530 Fox Street Saaday, Angnst 21,2005 Noon - 8:00 p.m. Tobacco Licease 4. Snyders Drag Store #5025 Carol FUyaw 2380 Shadywood Road Marphy moved, Sansevere seconded, to approve the above license. VOTE: Ayes 5, Nays 0. *27. BILLS Marphy awved, Saasevere seconded, to approve payment of the All Funds account. VOTE; Ayes 5, Nays 0 ADJOURNMENT Saasevere amved, Murphy secoaded, to adjourn the Orono City Council Meeting of July 25, 2005 at 9:15 P.M. VOTE: Ayes 5, Nays 0. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson. Mayor PAGE 10 of 10 .V I Date Application Received: 4>20-05 Date Application Considered as Complete: 5-4-05 60-Day Review Period Espires: 7>34)5 extended to 9-1-05 AUG 8 2005 CII Y OHOHONO REQUEST FOR COUNCIL ACTION Date: August 4,2005 Item No.: ^ Dcpartmciit Approval: Name: Janice Gundlach^ TMc: City Planner Admintetrator Approval:Agenda Section: Zoning Item Description: tK)S-3 112, 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 List of Ezhibits A - Lot Line Rearrangement Resolution B - Variance Resolution C - Notice of Council Action dated 7-12-05 D - Council Memo of 7-7-05 A^ication Summary (revised request): Applicant requests the following in order to construct actions onto the existing footprint and to remodel the existing residence: 1. Lot line re-arrangement with 1090 Wildhiust 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 v^ere 30% is normally allowed and 54.9% currently exists (percentages based on post-lot line re arrangement zone areas). PlaMing 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 fiivorable engineering report indicating the existing foundation could support the proposed improvements. A preliminary report fiom the applicant’s engineer was favorable, however the applicant requested J ir further guidance with regard to a rebuild vs. a renovatica/addition as the cost to conduct the latter is probably more costly than a total rebuild. The applicant requested that the Planning Commission provide an alternate reconunendation should a rebuild be necessary. The Plaiming Commission chose only to vote on the renovation/addition proposal submitted, suggesting they would want to see this qiplication again if it becomes a rebuild. Council Action of July 11 The Council directed staff to draft a resolution approving the requested lot line re-arrangement, rear/sireet setback variance and 2S0 ’-500' hardcover variance. The Council directed staff to draft the resolution whereby either an addition/renovation or rebuild project would be acceptable. Staff Recomnicndation Adopt and/or amend the attached resolutions. COUNCIL ACTION REQUESTED Adopt the attached resolutions approving a lot line re-arrangement, rear/street yard setback variance and 2S0*-S00 ’ zone hardcover variance for 4480 Forest Lake Landing. /.'y fv r .-'if. r,'‘ • 3»Cs A RESOLUTION APPROVING A SUBDIVISION OF A LOT LINE REARRANGEMENT FOR PROPERTIES LOCATED AT 4480 FOREST LAKE LANDING & 1090 WILDHURST TRAIL FILE 805-3112 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of Orono (hereinafter “City Council ”) has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a subdivision of a lot line rearrangement by Loren F. Schoenzeit and Stacey J. Schoenzeit, husband and wife and Bradley J. Larsen and Judith A. Larson, husband and wife (hereinafter “the Subdividers”) of properties legally described as: See Attached Exhibit A (hereinafter “the Properties”); and WHEREAS, the Properties consist of two developed lots owned by the Subdividers and shown on the survey attached hereto as Exhibit “B”; and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on May 16,2005 and again on June 20,2005, at which times all persons desiring to heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the Subdividers have completed or have agreed to complete all requirements of the City for a metes and bounds subdivision of a lot line rearrangement for division and combination purposes, resulting in the relocation of the common lot boundary between the Properties, as shown on the survey attached as Exhibit “B” and resulting in a new le^ description for each parcel as shown in Exhibit “C”; and Page 1 of 3 i J WHEREAS, the intent of the rearrangement is to allow for construction of a major rennodel/addition project or a new residence for the parcel located at 4480 Forest Lake I^anding. WHEREAS, the LR-IB Single Family Lakeshore Residential District requires a minimum iot area of 1.0 acres and a minimum lot width of 140*. Prior to the lot line rearrangement the Properties were substandard in lot area and lot width compared to the standards of the LR-IB zoning district; and after the lot line rearrangement the Properties remain substandard in lot area and lot width. Post iot line re-arrangement, 1090 Wildhurst Trail will be approximately 389 s.f smaller in lot area and 3* wider in width at the shoreline and 2’ wider in width at the 75’ setback. Post lot line re-arrangement, 4480 Forest Lake Landing will be approximately 393 s.f. larger in lot area and 2’ shorter in width at the shoreline and 1’ shorter in width at the 75’ setback. However, the two Properties continue to meet the intent of the Community Management Plan of the City of Orono as no new buildable lots were created, thus having no impact on the overall density; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the lot line rearrangement of the Properties by the Subdividers as shown on the certificate of survey by Advance Surveying & Engineering, dated June of 2001 and most recently revised July 27,2005, as attached in Exhibit “B”, subject to the following conditions: 1.Prior to recording the lot line rearrangement with Hennepin County, subdividers shall provide a title opinion for the Properties confirming ownership and encumbrances. 2 Prior to recording the lot line rearrangement with Hennepin County, subdividers shall dedicate to the public S’ drainage and utility easements along both sides of the new shared property boundary. 3.Prior to recording the lot line rearrangement with Hennepin County, a 20’ sewer easement centered over the existing sewer line shall be dedicated for the Properties. The language of the easement will permit any existing encroachments to remain. While approval of this lot line rearrangement allows hardcover in the 75*-250’ zone for 4490 Forest Lake Landing, also known as 1090 Wildhurst Trail, to increase from 45.79% to 45.98% when 25% is normally permitted, it does not officially establish findings for approval of a hardcover variance, but merely reflects the changes in lot area. 5.The aforesaid division shown on the attached Certificate of Survey shall be filed by the City of Orono with either the Hennepin County Recorder ’s Office or Registrar of Titles Office on Page 2 of 3 r \ t ; <"■■■ V ;5i. or before January 8,2006 together with a certified original copy of this resolution. 6.The approval granted by this resolution shall expire if the division has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivision review. Adopted by the City Council of Orono, Minnesota this S'** day of August, 2005. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this__day of.,2005 by Barbara A. 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. Notaiy Public Page 3 of 3 EXHIBIT A EXISTING LEGAL DESCRIPTIONS Existing: 4480 Fowrtl-akalanding Tract A, Registered Land Survey No. 1472, Hennepin County, Minnesota. And, 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. Existing: 1090 Wildhurst Trail falso known as 4490 Forest Lake Landini^l Lot 7, Tonkaview Gardens, Hennepin County, Minn., except that part of the Southerly IS feet of 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 SS feet to the point of beginning of the line being described; thence deflecting left 104 degrees S4 minutes to the Northerly line of said Southerly IS feet and there ending. *>- ■ i- V A mmrnm r-. - it V. "i •^C^*»'*»*4^** OlOiM 7/117/23 SCHOeNZEIT. STACEY ADVANCE SURVEYING A ENGINEERING CO. S3MS.Hwy.No.IOI MinelDito. MN 3534S Hiofie (932) 474 7964 Fax (932) 474 1267 SURVEY FOIL STACEY SCHOENZEIT SURVEVOD: J«ia.2M1 DRAFTED; JiiM 16,2001. RIVMO: My 6.2MI. iM Rrivvway < REVnCO; liMnf 2S, 2001 lo Aow ttwir Uiit iM M(ott ckMiofii REVRHSO: Miiy 23,2002 N aUw toMiMv OfoooO IlN INMM RiVWSO:Aprtl20,20i3NNowaMirioiMaM|WBpBw4>wpwOyMBi»MlH^ REVtSSOMiy 3,2003 la riww aMlioM pMo Mi MvidM mi. RBVISEOJMa 9,2003 la *aw dM«H raqMMi Sy cNoal Mwil. RRVISEOJaly 27,2003 la iMw I^Hi M imvMr Nm aiHlaiML LOCAL DESCRimON FOR 4400 FOREST LAKE LANDING: Nr t: TMA.Ra|)oMoiLaaiSarMy No. 1472, HaaaiyiaCeaa|y, Miaaaieli. Nr2: TSalpartofOwSaaOMly l3MlafLal7,TMkariawOifiiaKMaMNiiaCoMaty,MNa.,iyiag WaMrty afOw Mawias MbMiI Saa: CaiwanaBii^ al On SoaOiwlwIy canwr of Mi Lot 7; Iheaca ■HMly alam On SoaOMIy Nm aTMi Lot 7, a iiMMiea aC33 OM la *i poial oTOigMai oriOa liaa beiiii laaea MaeOag liR 104 iagian 34 miauln la On NofOwHy Kna of tiid Soatficrly 13 feat aai m ,rin> t. » •‘•'.1ST*- ■r't* ■ ■\ > -■'•4 LEGAL DESCRIPTION FOR TRANSFER PARCEL (4480 TO 4490) Him |NMt of Tract A, Regiiterei Land Sanay No. 1472, Hcaacpin Cbuaty, Minnewla, lying noctHcrly of (he Mlowlngiettribei line: Coamwacingai IheacNiliweMcaraerofiaiiTnKi A; (hence North 78dcirm4S miaulei29McoaiiEaatoaantnumeibarinialoeglhenoHlieriy liaeorfaiiTract Aadiitanccor72.30 feel to the poial of bctinaiai; thence North 79 degyeea 23 miautet 1 2 ncondi EaM a distance of228 feet more or lesa to the shore of Forest Lake and iicre lerminaimg LEGAL DESCRIPTION FOR TRANSFER PARCEL (4490 TO 4480) ThM part of the Southerly 23 feet of Lot 7, Tonhaview Gardens, Hennepin County, Mhm., lying Wcsierly of the fellowtngdeacribed line: Commencing at the Southwesterly comet of said Lot 7; thence Easterly along the SeutheHy line ofsaid Lot 7, a distance of33 feel; thence deflecting left 104 degrm 34 minutes to the Northerly line of satoSoutherfy 13 feet; (hence deflecting right 1 39 degrees 48 rmautai 49 seconds to the Southerly line of said Lot 7 and the point orheglnning of (he line being des cribed; (hence dellect 180 degrees to the Northcriy line of said Southerly 23 feet and there ending. EXCEPT (hat part of the Southerly 13 feet of said Lot 7, lying Westerly of the following described line; Commencing M the Soulhwe^y comer of said Lot 7; thence EaMerty along the SoulheHy line of said Lot 7, adislanceof33 feet to the point of begbinifig of (he line being descrilM; (hence dellecling led 104 degrees 34 minutes to the Northerly line of said SoulheHy 13 feet and (here ending. EXHIBIT B LBQAL OaCRVnON FOR 4490 FOREST LAKE LANDINO: ofanid Lot 7; thence a of 33 feel to toe potat of hegjhwing of the Itoe being to the Northerly line of said South^ 13 feet and to 10 a la^ .tomahoowothaiiiie i onw mmurnmnia or tMifehig old ioflheproporly. to gieo aamo indicadon of the topography of the rile, midadontoiaourvay. Uoe that honehmarli and ehech al tor use on this aria. •andmoMofitoi • aaedtoiiliaufholyou dwif eppanrali. if you can. STANDARD SYMKIU A COWVEKnONg: ***DaoilBBli Nunhor9233,aaLi I htoily OBNIfe dtol dda ptoA aFoMeaiian. fliport or survey was proparid by me or Mdto top dtoM sMto^daton and itol I am a I FtofeiiinINrmyorund ^ ii«sa>V* ^ \ #>»'! 'A -'A MlUJ nuxf xMia I (/ I Ytn.s BMSS ««JI V Mtur r \ atwaiMm:n.4 V ■«i.t \ 1 r ♦ \X - - OOMWp “St \ - „ -!a BUM H * UM n%n% V wmmm '*4^/ ■ V»- ■ ^'A n\ DWG, NO, SthocDMeit '■E' >1 EXHIBIT C PROPOSED LEGAL DESCRIPTIONS Proposed: 4480Foif^^ffl^y|fftn^»nB Tract A, Registered Land Survey No. 1472, Hennepin County, Minnesota. And, 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 SS 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 IS feet and there ending. And, 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 corner of said Lot 7; thence Easterly along the Southerly line of said Lot 7, a distance of 55 feet; thence deflecting left 104 degrees 54 minutes to the Northerly line of said Southerly 15 feet; thence deflecting right 139 degrees 48 minutes 49 seconds to the Southerly line of said Lot 7 and the point of beginning of the line being described; thence deflect 180 degrees to the Northerly line of said Southerly 25 feet and there ending. EXCEPT that part of the Southerly 15 feet of said Lot 7, lying Westerly of the following described line: Commending 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. EXCEPT, That part of Tract A, Registered Land Survey No. 1472, Hennepin County, Minnesota, lying northerly of the following described line: Commencing at the northwest comer of said Tract A; thence North 78 degrees 45 minutes 29 seconds East on an assumed bearing along the northerly line of said Tract A a distance of 72.50 feet to the point of beginning; thence North 79 degrees 25 minutes 12 seconds East a distance of 228 feet more or less to the shore of Forest Lake and there terminating. J: 1090 Wildhurst Trail talso known as 4490 Forest Lake Landing) Lot 7, Tonkaview Gardens, Hennepin County, Minn., except that part of the Southerly 15 feet of 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 die Northerly line of said Southerly 15 feet and there ending. And, That part of Tract A, Registered Land Survey No. 1472, Hennepin County, Minnesota, lying northerly of the following described line: Commencing at the northwest comer of said Tract A; thence North 78 degrees 45 minutes 29 seconds East on an assumed bearing along the northerly line of said Tract A a distance of 72.50 feet to the point of beginning; thence North 79 degrees 25 minutes 12 seconds East a distance of 228 feet more or less to the shore of Forest Lake and there terminating. EXCEPT, 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 Ixit 7; thence Easterly along the Southerly line of said Lot 7, a distance of 55 feet; thence deflecting left 104 degrees 54 minutes to the Northerly line of said Southerly 15 feet; thence deflecting right 139 degrees 48 minutes 49 seconds to tlie Southerly line of said Lot 7 and the point of beginning of the line being described; thence deflect 180 degrees to the Northerly line of said Southerly 25 feet and there ending. T' - -----------* A RESOLUTION GRANTING VARIANCES PER MUNICIPAL ZONING CODE SECTIONS 78-330 (B) AND 78-1288 (B) FILE NO. 05-3112 WHEREAS, Loren F. Schoenzeit and Stacey J. Schoenzeit, husband and wife (hereinafter **the applicants”) are the owners of the property located at 4480 Forest Lake Landing within the City of Orono (hereinafter the “City”) and legally described as follows: Tract A, Registered Land Survey No. 1472, Hennepin County, Minnesota. And, That part of the Southerly IS feet of Lot 7, Tonkaview Gardens, Hennepin County, Minn., lying Westerly of the following described line: Conunencing at the Southwesterly comer of said Lot 7; thence Easterly along the Southerly line of said Lot 7, a distance of SS 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 IS feet and there ending. And, That part of the Southerly 2S 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 SS feet; thence deflecting left 104 degrees S4 minutes to the Northerly line of said Southerly IS feet; thence deflecting right 139 degrees 48 minutes 49 seconds to the Southerly line of said Lot 7 and the point of beginning of the line being described; thence deflect 180 degrees to the Northerly line of said Southerly 2S feet and there ending. EXCEPT that part of the Southerly 1S feet of said Lot 7, lying Westerly of the following described line: Commending at the Southwesterly comer of said Lot 7; thence Easterly along the Southerly line of said Lot 7, a distance of SS feet to the point of beginning of the line being described thence deflecting left 104 degrees S4 minutes to the Northerly line of said Southerly IS feet and there ending. EXCE?T, That part of Tract A, Registered Land Survey No. 1472, Hennepin County, Minnesota, lying northerly of the following described line: Commencing at the northwest comer of said Tract A; thence North 78 degrees 4S minutes 29 seconds East on an assumed bearing along the northerly line of said Tract A a distance of 72.S0 feet to the point of beginning; thence North 79 degrees 2S minutes 12 Page I of 6 b*.. L ^ I* Li ■•>-' seconds East a distance of 228 feet more or less to the shore of Forest Lake and there terminating. (hereinafter the “property ”); and WHEREAS, the applicant has made application to the City of Orono for variances to Orono Municipal Zoning Code Section 78-330 (B) and 78-1288 (B) to allow construction of a new residence at an 8’ rear/street yard setback where 30 ’ is normally required and 8* currently exists and also a hardcover variance for the 2S0 ’-S00 ’ zone permitting 60% hardcover where 30% is normally allowed and nearly SS% currently exists. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. Hiis application was reviewed as Zoning File 05-3112. 2. The property is located in the LR - IB, Zoning District which requires a minimum lot area of 1.0 acres and a minimum lot width of 140 ’ at the shoreline and at the required 75’ setback. 3. The Planning Commission reviewed this application at public hearings held on May 16, 2005 and June 20, 2005 and recommended approval of the variances for a remodel/addition project only. The City Council reviewed the application at their July 11, 2005 meeting and recommend approval of a remodel/addition or a rebuild based on the following findings: a. The lot line re-arrangement proposed will allow the applicant to meet all other requirements of tte Zoning Ordinance without negatively impacting the adjacent neighbor at 1090 Wildhurst Trail. b. The lot has a restrictive buildable area due to the sewer line running diagonally through the lot and also due to the pinch of the side lot lines to a point of q)proximately 30 ’ forcing any home to be located in the back 1/3 of the lot. Page 2 of 6 *- 1 4. . >■' .IP- 5. c. The amount of undeveloped right-of-way in front of the applicant’s property lessens the negative impact of an 8’ rear/street yard setback. d. The existing home currently has a rear/street yard setback of 8’ with the proposed footprint not encroaching any further than the existing one comer. e. The combination of the small land area existing within the 2S0 ’-500 ’ zone and the restrictive buildable area forcing construction of a home on the back 1/3 of the lot, prohibits a reasonably sized from meeting the 30% hardcover limitation in the 2S0 ’-S00 ’ zone. f. The applicant intends on meeting all other Zoning Ordinance requirements with respects to building height, building story, side yard setbacks, lake yard setbacks and structural coverage. The City Council has considered this application including the findings and recommendation of the Planning Conunission, reports by City staff, comments by the qjplicants and the public, and the effect of the proposed variances on the health, safety and welfare of the community. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances 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 fmdings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Section 78-330 (B) and 78-1288 (B) to allow construction of a rebuild/addition project or a new residence at an 8’ rear/street yard setback where 30’ is normally required and 8’ currently exists and also a hardcover variance for the 2S0 ’-S00 ’ zone permitting 60% hardcover where 30% is normally allowed and nearly SS% currently exists, subject to the following conditions: Page 3 of 6 - 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 w*th City codes will require further Planning Commission and City Council review. 2. Hardcover in the 0-75 ’ zone shall not increase above the level of 0 s.f. or 0%. Hardcover in the 7S ’-2S0 ’ zone shall be limited to 25% and hardcover within the 250*-500’ zone shall be limited to 60% all per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicant is advised that any future requests to increase hardcover in any of the zones on the property 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. The variances approved in this resolution only apply in conjunction with the approved lot line re-arrangement application. 4. Afqjlicant shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. 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 variances will expire on that date (August 8,2006). 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 q>plicants 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 4 of 6 ‘ ---------------------------------------------- ¥*' ... U . Adopted by the Orono City Council on the 8*’’ day of August, 2005. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN The f(Mregoing 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 m Page 5 of 6 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this__day of ,2005 by Loren F. Schoenzeit, husband of Stacey J. Schoenzeit, husband and wife. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this__day of ^2005 by Stacey J. Schoenzeit, wife of Loren F. Schoenzeit, husband and wife. Notary Public u, . » : ■= V •- •. ^ Page 6 of 6 V k K .1:1 :tITA approved hardcover mi .• % /'* (ADDliCRnt mm^iJWiriBe addktoa/rtwdel nmi^ Ar *«k..ii^i Hardcover Zone Total Area in Zone (ciUfing/propotcd) Allowed Hardcover J^f.) Eibfing Hardcover* Proposed Hardcover 0-75 ^CA 3JMi.t 0 iOHJ os.r. (OH) 0t.r: fOH)/5-230 7,974 ».t U994 (2SH) 3.I6S $.f. (40.1%) 1.832 s.r. ^22 07H\250 - 500 ^Percentages an 3.074 s.f. ! baled on the pte-loi li 922 (30%>_______ ine rearrangemen 1.425 i.f, (54.9%) zone s.f. areas. frwj 1.845 s.r. (60%) * ■ / y ' *,s' ■ ' w / ,iS!?9i •4 -■ . i kfffOnKP MCMlfS fUtM€ i;riD6 WfW^ n. Sjt/.. I, .W.. \ I' •■* A ma « % ^ ‘W 1 I CTTYOFORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 ZONING FILE: ^5-3112 NOTICE OF COUNCIL ACTION DATE OF NOTICE: July 12,2005 TO: Loren & Stacey Schoenzeit 6416 Timber Ridge Edina, MN 55439 COPIES: TYPE OF APPLICATION:Lot Line Re-arrangement, Rear/Street Yard Setback Variance, 250*-500 ’ Hardcover Variance DATE OF MEETING: July 11.2005 VOTE: 5 FOR 0 AGAINST Motioa: To dircu staff to draft a resolution in accordance with the Planning Commission recommendation for adoption at the next City Council meeting. Applicant's next meeting is confirmed as: City Coancil - Monday, Jnly 25,2005; meeting starts at 7:00 p.m. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. SX'-. 1 Date ApplicatiM Received: 4-20-0S Date ApplicatioB CoatMered at Complete: 5*4-05 60*Day Review Period Eipiret: 7*3*05 extended to 9*1*05 REQUEST FOR COUNCIL ACTION Date: July?,2005 Item No. Department Approval: Name: Janice Gundlach)^ Title: City Planner Adminbtrator Approval:Agenda Section: Zoning Item Description: HOS-3 112, Loren A 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 List of Exhibits A - Illustration of Existing Footprint A Hardcover B - Illustration of Proposed Footprint A 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 G - Aerial Photograph of Neighborhood H - PC Action Notice dated 6-21-05 I - PC Memo A Exhibits dated 6-15-05 J - PC Memo A Exhibits dated 5-5-05 Api^iaMoH Summary (revised request): Applicant requests the following in order to construct a^itions 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 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). Lot Existing Area Existing Width Proposed Area Proposed Width 4480 Forest Lake Landing 14,489 s.f 58^horeline 45^75’ SB 14,882 s.f 56’-shoreline 45’-75’ SB 1090 Wildhurst Trail 20,505 s.f 57’-shoreline 63’-75’ SB 20,116s.f 60’-shoreline 65’-75’ SB 4480 Forest 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 (eiisting/proposed) 4,134/3,834 s.f. 7,758 / 7,974 s.f. 2,597 / 3,074 s.f Allowed Hardcover (s.f.) 0 (0%) 1,940/1,994 (25%) 779 / 922 (30%) Existing Hardcover 0 s.f * (0%) 3,165 s.f* 140.8%) 1,425 s.f* (54.9%) Proposed Hardcover 0 s.f (0%) 1,832 s.f (22.97®/^ 1,845 s.f (60“/o) 1090 Wildhurst Trail - Hardcover Calculations (existing and proposed percentages based on pre Hardcover Zone Total Area in Zone (existing/proposed) Allowed Hardcover (s.f.) Existing Hardcover Proposed Hardcover 0-75 4,491 / 4,661 s.f 0 (0%) 0 s.f • (0%) 0 s.f (0»/o) 75 - 250 12,210/12,159 s.f 3,053 / 3,040 (25»/o) 5,591 s.f* (45.79%) 5,591 s.f (45.98®/o) 250 - 500 3,804 / 3,296 s.f 1,141/989 (30»/o) 825 s.f * (21.69%) 825 s.f (25.03®/o) 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 favorable engineering report indicating the existing foundation could support the proposed improvements. A preliminary report from the ^>plicant’s engineer is favorable, however the applicant has requested fiiilher guidance with regard to a rebuild vs. a renovation/addition as the cost to conduct the latter is probably more costly than a total rebuild. The applicant requested that the Planning Commission provide an alternate recommendation should a rebuild be necessary. The Planning Commission chose only to vote on the renovation/addition proposal submitted, suggesting they would want to see this application again if it becomes a rebuild. m Ul ■U Staff Recommendation 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 shape, 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 neiglibor ’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 applicant an additional 60 s.f. of lot coverage \^le 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. The 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 encro " chments. COUNCIL ACTION REQUESTED Direct staff to draft a resolution approving the renovation/addition proposal in accordance with the Planning Conunission 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. 4 11 ■ • * % ■'v ' EXISTING FOOTPRINT & HARDCOVER Hardctvcr Zoac Tolml Am ia ZOM AUowtd Hardcover (t.f.) Caittiag Hardcover 0-75 4.134 s.f.0 (OS) 0 *.f.» (OH)75 - 250 7.75S s f I.WO J2JS) 3.165 $.f.» (40.8%)250 - 500 2.597 s.f.779 (30S) i.«5s.r« (54.9H) \ k . . -... PROPOSED FOOTPRINT & HARDCOVER '■‘ ' ‘ S’i/5s / / ^.3 S A' V\ \ ^"S ^v \ w » *-. ..-' ■ ■ ■ ■■ ten«.\ PA ite.^> w-T I' BUILDABLE AREA W/OUT LOT LINE RE-ARRANGEMENT IHMSmff.Str-r'oK f -1 ■4 June 30.2005 { I j ULiJJJJJi isillltliu coisiiiik ! Mr. Loren Schoenieit 6416 Timber Ridge Edine, MN 55439 Re: Structural Review of Proposed Residence Addition & Remodel 4480 Forest Lake Landing, Oono.MN Dear Mr. Scfaoeozeit: 11ii8 letter is to confirm that you have retained my firm to provide structural consuhmg engineering design services for the project at 4480 Forest Lake Landing in Qrono, Miiiuesuhi. The cAisling house is a wa&uut at the rear with a detached garage. As requested, I have complesed a pnUminaiy review of the proposed project that includes railing the existing house three feet to increase the ceiling height at the walkout level, removing the existing roof and adding a new upper floor level, adding a new addition to the rear of the houae (20 it. x 20 ft.) and building a new attsdhed garage (25 ft. x 25 ft.) widi an upper precast concrete levd and a lower level New foundation walls for the house and garage addMon would be built using ICF (insulated concrete forms) with reinforcing. Based on my preliminary review of foe soil conditions, it would be structurally possible to reuse foe existing ft>oting and foundation walls for the proposed expansion of foe existing house. In my opini(», soil conditions around foe existing house appear to be edfiqimm fhr fhnting premufoi nf up tn 2000 psf. I agree to provide certified en^neered plant for foe footing and foundation wall design for the adfotion and for any itruotuial modifications related to the remodeling of the existing house and the new eddiiion. mm Please contact me with any questions or ctmunents regarding fois report or if I can be of mty Ajilher service at fob liuie. KSIIBO PROfE ENGMffiR 14268 ml imnsLUK miti; iniuH ioi - t viii; IS 39WJ 98eSV9bIS9 £9:2.1 989Z/ee/9e s^iirfhsiiM af^i I I -------------------- Page 1 of 1 Janice Qundlach From: Loren Schoenzeit [lorens^Qattnet] 8«nt: Tuesday, July 05.200511 :25 AM To: Janice Gundlach Cc: Mike Gaffiron Sul^ect: 4480 Forest Lake Landing - Remodel vs. rebuild Hello: Janice and Mike: I would Nke your help and guidance and the remodel vs. rebuild discussion on my project at 4480 Forest Lake Landing. Attached you will find a letter from the structural engineer that states the current footings, foundation and structure are usable for the proposed remodeling project This is where my problems begin and I need your help and wisdom. Separately the structural engineer, Lyle Oman - City Building Official, the excavator and my concrete guy are all saying '...experience says that the project will 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 issues or set up a meeting to go over the topics in person. Best regards, •Loren .1.-^, ^ . f mmm ....... .. 4^ 7/6/2005 f"----------- I I ^81 W. -^al.'17 X'^ -v *** V k**» f ".* Til W'- - ''.'i C.J' m ' "'l j * ix. ■^ ■ /ti ■'mmx Ty ■K'. • -‘f-: ,*-::«/; iii '^m^: s;v.a ^'t f‘[f Iw^«L •’vS - iV/ J* W . .♦. ■ >;4^fS i CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Ciyslal Bay, MN 55323 (952) 249-4600 ZONING FILE: 05-3112 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: June 21,2005 TO:Loren & Stacey Schoenzeit 6416 Timber Ridge Edina, MN 55439 COPIES: TYPE OF APPLICATION:Lot Line Re-arrangement, Rear/Street Yard Setback Variance, 250 ’-500’ Hardcover Variance DATE OF MEETING: June 20,2005 Planning CommiMion recommended as follows: To approve the revised request under the following stipulations: 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 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. [Mication 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 foundation be unfavorable, which the Commission choose not to do. VOTE:FOR AGAINST 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 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 an additionai 60 days to September 1,2005. Date Application Received: 5-18-OS Date Application Considered as Complete: 5-18-05 60-Day Review Period Expires: 7-17-05 extended to 9-15-05 REQUEST FOR COUNCIL ACTION CO( IM^ii *<ireTiMQ AUG 8 2005 CITY OF ORO n O Date: August 3,2005 Item No.: ^ Department Approval:Administrator Approval: Name: Janice Gundlach^ Tide: City Planner Agenda Section: Zoning Item Description: I/OS-3125, Christine Valerius, 2377 Shadywood Road, Conditional Use Permit - Resolution 2iOning 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 - Resolution approved at 7-25-05 Meeting B - Proposed Sign C - Notice of Council Action dated 7-26-05 Application Sununary: The applicant received approval of a conditional use permit to allow office in a B - 1 zoning district at the July 25,2005 Council meeting. Following approval of the Resolution the applicant would like to request an amendment allowing for monument signage for the proposed office uses (which was prohibited under the approved resolution). The applicant is requesting that two sign bands be permitted on the Caribou Coffee monument sign, one for each office use, with total square footages to comply with the Monument Sign Ordinance and B - 1 signage requirements (t^ing 254 s.f total site signage with a monument sign not to exceed 1(X) s.f and no single wall sign to exceed 50 s.f) Staff Recommendation Staff drafted the conditional use permit approval resolution prohibiting monument signage based on discussions throughout the review process regarding the limited customer needs of the offices. The applicant indicated the offices would be one and two person offices requiring limited to no customer visits, which also factored into the approval as limited parking would be needed. Staff felt allowing monument signage may not meet the intent of the approval as monument signage is typically needed to draw customers into the site (see condition on page 3 of 5 of the attached resolution). COUNCIL ACTION REQUESTED Direct staff as to whether the approved resolution should be amended to permit monument signage for the two approved office uses, and if so what, if any, limitations should be placed on that signage beyond what is permitted within the Zoning Ordinance (noted in the Application Summary above). A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 78^ (8) FILE NO. 05>312S WHEREAS, Christine Valerius and Philip Fisk, husband and wife (hereinafter “the applicants") are the owners of the property located at 2377 Shadywood Road within the City of Orono (hereinafter the “City”) and legally described as follows: Lot S, Block 3, Townsite of Langdon Park, Hennepin County, Minnesota (hereinafter the “property”); and WHEREAS, the applicant has made ^plication to the City of Orono for a conditional use permit per Orono Municipal Zoning Code Sections 78-644 (8) to allow ports of the upper level of the existing building and addition currently under construction to be used as two (2) separate offices not accessory to the approved coffee shop/restauiant. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: nNDINGS 1. 2. This application was reviewed as Zoning File OS-3 125. 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. 3.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: a. The upper level office proposed will have no negative impacts on the surrounding area. Pace 1 of 5 4. 5. b. The proposed office use is a use already existing and allowed within the Navarre neighborhood. c. The two separate offices proposed will have limited parking needs and demands. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed conditional use permit on the health, safety and welfare of the community. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the conditional use permit would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the 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 conditional use permit per Orono Municipal Zoning Code Sections 78-644 (8) to allow parts of the upper level of the existing building and addition currently under construction to be used as two (2) separate offices not accessory to the approved coffee shop/restaurant, 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 tUs Resolution as Exhibit A. Any amendments to the site plan and building floor plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover in the 500 ’-l,000 ’ zone shall not increase above 35%. Page 2 of S ! I 3. Only two (2) offices not accessory to the coffee shop use are permitted within the upper level of the building with one office being a single person office and the second office being a one or two person office. 4. The offices shall comply with the attached floor plan. Exhibit A. 5. The two business entities \^ch ultimately occupy the space shall not cater to customer visits due to the parking constraints within the municipal lot. 6. No exterior building signage for the proposed offices shall be permitted to be displayed on the property, except a nameplate to be no larger than l.S s.f per office use. No monument signage shall be permitted. 7. If at any time the upper level offices are not compliant with this conditional use permit and/or if the businesses within the upper level of the coffee shop require a parking demand of which the municipal parking lot cannot handle, this conditional use permit shall be revoked with a public hearing. 8. 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 25,2006). 9. Violation of or non-compliance 'vith 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. 10. The underaigned 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 S i Adopted by the Orono City Council on the 25''* day of July, 2005. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor ril . > 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 5 J i j STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument 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 ,2005 by Christine Valerius, wife of Philip Fisk, husband and wife. Notary Public Page 5 of 5 ’nl ^ CD 5r?Ir “’ * UMiPUM accoM) Liva ruxM HAN\Z/ »r*r^ MiMiuNiiimaii ■ " — piMiPtMaui^jpsur^“■“ fM ‘ ri r ■ t .1 EXTERNALLY ILLUMINATED MONUMENT 0‘ FLOOD UGHT FIXTURE BY OTHERS SIGN: FLAT CUT 1/4' THICK ALUM LETTERS AND LOGO P/MNTED PER CCI GRAPHICS STAND/VRDS, STUD MOUNTED TO STONE. TWO FLAT /VLUM PANELS, (REMOVABLE) W/ CO-TENANT N/VMES APPLIED W/ VINYL LEHERS MhlAL FR AMED DUROCK CORE ON CONCRETE BASE, COVERED WITH FAUX SIDNE TO MATCH STONE ON BUILDING. PROVIDED BY OTHERS LANDSCAPING, AS REQUBTED, PROVIDED BY OTHERS EMSINGSTOnE FRONT 3/16’ACRVUCfiACES 3/4* TRIM CAP EXFANONG WAU ANCHORS ASREQURED TSrrynNEON 14 AWG TYPE GTO-1S CABLE NEON TRANSFORMER M A VENTED METAL CONTAINER REMOTELY PLACED .04Cr ALUM. RETURNS ^ .050 ALUM. BACK GLASS TUBE SUPPORT ELECTR06IT CONNECTOR CUT AWAY ASSEMBLY DETAIL _ TYPICAL FACE-LIT RACEWAY MOUNTED CHANNEL LETTER CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay. MN 55323 (952) 249-4600 ZONING RLE: #05>3125 NOTICE OF COUNCIL ACTION DATE OF NOTICE: July 26.2005 TO: Christine Valerius COPIES: 5488 Tonkawood Road Mould. MN 55364 TYPE OF APPLICATION:Conditional Use Permit DATE OF MEETING: July 25.2005 VOTE: 5 FOR 0 AGAINST Motioo: To approve per the findings and conditions of the resolution previously mailed to jmu. Any requested amendments to that resolution will require further Council approval. Please arraage to sign the 3 original resolntioa copies at the City Offices (Monday throngh Thnraday 7:30am to 5:00pm and Friday 7:30am to 11:30am). All persons with interest in the property must sign the resolutions Conditloaal nse approval is subject to the conditions of the approval resolution. In the case of projects requiring a construction permit or other woric permit, such permit must be applied for within one year of the date of conditional use q>proval or that approval will expire. If you desire certified cqpies of the official Council minutes, they are available fiom the City Clerk after review and approval by the City Council. Date AppIkalioN Received: S-26-05 Date Application Considered as Complete: 7-l2*0S 60-Day Review Period Expires: 9-10-05 COi »«f-rxinjQ AUG 8 2005 REQUEST FOR COUNCIL ACTION Cl Mf* Ul- UHONO Date: August 3,2005 Item No.: Department Approval:Adminbtrator Approval: Name: Janice Gundlach^ Title: City Planner Agenda Section: Zoning Item Description: #05-3126, Todd & Mysti Coumeya, 4620 Tonkaview Lane Variance - Resolution Zoning District: Lot Area: Lot Width: LR - 1 B, One Family Lakeshore Residential District ( 1 acre min.) 0.48 acres (20,900 s.f.) 215 feet (140 ’ required) List of Exhibits A - Resolution per Planning Commission Recommendation B - PC Action Notice dated 7-19-05 C - Draft PC Minutes of 7-18-05 D - PC Memo and Exhibits of 7-13-05 AppUcathn Summary: Applicant requests the following variance in order to construct garage additions with living space above to the existing two-stall attached garage: 1. Front yard setback variance to permit a front y ‘tback of 20’ when 35’ is normally requir^ 25’ currently exists, and 25’ was appro • variance in 1995. (The applicant has agreed to meet the Planning Commissto.. recommendation, which reduces the fix>rtt yard setback variance request to a 25’ setback where 35’ is normally required and 25’ currently exists and was approved by variance in 1995). Planning Commission Recommendation The Planning Commission voted 7-0 to deny the requested front yard setback variance of 20’ when 35’ is normally required based on the findings and reconunendations of the 1995 variance approval permitting a setback of 25’. The Planning Commission stated they would be in favor of supporting a ftont yard setback variance request at the current 25’ setback for living space above the existing garage and also to construct an attached garage addition, with living space above, meeting a 25’ setback to the front lot line and a 10’ side yard setback. The applicant has indicated he will revise his proposed plans to conform to the Planning Commission’s recommendation. Revised plans have not been submitted; however staff is i comfoitable reviewing a revised plan at the building permit phase to ensure compliance with the attached resolution. Staff Recommendation Approval per the attached Resolution. COUNCIL ACTION REQUESTED Adopt the attached Resolution granting a front yard setback variance for 4620 Tonkaview Lane. ||f V ■ ■•.. i.»a fr rarW; 'f ■* ittv > iV.1, i«L » ♦ t « .If H,. - a % '•a •• ‘■ rii riTjri uiTfi gFiTt gcr4i»ii' ^ * iTf J WU LiJiMS ^VMiT«TiT.i uKHI W i»t RTirincroik ViUntiTi*:! rmimi ‘*‘t •■••.'■•••'•. ••/ -i- TliT .' f-4.^ a. The flndings documented in Resolution #3519 approved in 1995 remain unchanged. b. The existing house maintains a 25* setback, therefore no further encroachment would be permitted. c. Due to the amount of undeveloped right-of-way in front of the applicant’s property, the additions proposed will not have any further negative impacts as viewed from the road. I » 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property 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 difHculty; 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 front yard setback variance of 25’ where 35’ is normally required and 25’ currently exists for construction of garage additions with living space above based on the 1995 variance documented in Resolution #3519 and the additional findings noted in this resolution, 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. Page 2 of 5 2. The aj^licant must submit a revised plan in accordance with this resolution at the time of building permit application. All other requirements of building height, stories, and side yard setbacks must be compliant with Zoning Ordinance requirements. 3. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (August 8,2006). 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. Tlie 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 8"* day of August, 2005. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner(s) Page 3 of 5 i r J ji&iy > STATE OF MINNESOTA COUNTY OF HENNEPIN The foiegoing instrument was acknowledged before me on this _ day of j 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal coiporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregping 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 A ' -ly- ■i • ' • • i A.* .V Page 4 of 5 .y..w fRsi STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this__day of 2005 by Todd R. Coumeya, husband of Mysti Coumeya, husband and wife. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before mr this__day of , 2005 by Mysti Coumeya. wife of Todd R. Coumeya, husband and wife. Notary Public Page 5 of 5 ■ rimw ntiiat inr«a ^ l if MHViil-iTi affnriri ■ inn— HENNEPIN COUNTY, MINNEbUIA )gXH»e>it a) LNli^ SRKC ADomoflS AfPIUMeD AdCnE STIM6 mywMED V- AN 6AM1E MHHTIOK) »N 1HC >tHON IHW eUlUMl$ He6HT,sn(tY,«- sipe Va» 9aWM.*> ^ MET. t r ^ i: \ ! 1% ii CITY or ORONO 2750 Kdlcy Parkway P.O. Box 66 Ciystal Bay, MN 55323 (952) 249-4600 ZONING FILE: 05-3126 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: July 19,2005 TO: Todd & Mysti Coumeya COPIES: 4620 Tonkaview Lane Orono, MN 55364 TYPE OF APPLICATION:Front Yard Setback Variance DATE OF MEETING: July 18,2005 Pteaning Comniuion rocommcndcd as follows: To approve variances consist with the staff recommendation previously mailed to you consisting of the following: 1. Front yard setback variance to permit a front yard setback of 25’, permitting an extension of the existing attached garage meeting a 10’ side yard setback and also to permit living space in the upper levels. VOTE:FOR AGAINST Applicant ’s next meeting is tentatively scheduled for City Council - Monday, August 8,2005 pending submittal of a revised plan meeting the Planning Commission recommendation; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission or Council .ninutes, 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-’523. w • ' • . . : . ‘ • r '• •:> V s • ••■==• =.... m it,5 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, July 18,2005 6:00 o’clock p.m. <#. 4 Gi'i'on stated the road could be a public roadway but that the pond would be a maintenance issue for a homeowners association. Gaflron stated in his opinion ultimately the City would take over maintenance of stormwater ponds throughout the city. Winkey inquired why the roadway should be a city roadway. Gaffion stated it is a matter of urban density that determines whether it is a public roadway versus a private roadway. It was the consensus of the Planning Commission to recommend that the Floor Area Ratio should apply this development and not the IS percent Rahn inquired whether this site would have city water. Gronberg stated the developer is pursuing city water fiom Long Lake, which would be the better option. Rahn noted a letter dated July 8,2005, has been received from Jim Dillman indicating he would not be opposed to the development if streetlights are not permitted. Bremer moved, Fritzler seconded, to table Application #05-3131, Steve Bokl of Bohland Development, Inc., 190 WIUow Drive North and 177 Glendale Drive. VOTE: Ayes 7, Nays 0. 9. #05-05-3126 TODD AND MYSTICOURNEYA, 4620 TONKAVKW LANE, VARIANCE, 9:24 P.M. - 9:35 P.M. Todd Coumeya, Applicant, was present Gundlach stated the applicant is requesting a front yard setback variance to permit garage additions with living space above the existing two-stall attached garage for the property located at 4620 Tonkaview Lane. The front yard setback variance is needed to permit a front yard setback of 20 feet when 3S feet is normally required, 25 feet currently exists, and 25 feet was approved by variance in 1995. The applicant is proposing a 5 ’ by 25’ addition to the front end of the existing attached garage and a 10* by 23’ addition attached to the north side of the attached garage. The proposal also includes incorporating living space above the new three-stall attached garage. The application includes a request to extend the existing PAGE 30 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, Jnly 18,2005 6:00 o’clock p.m. <# attached garage five feet forward and constructing an additional stall to the north, which requires an additional five-foot encroachment on the 2S-foot setback. Staff recommends denial of the request. In Staffs opinion, adequate hardship has not been demonstrated to allow a further encroachment on the previously approved front yard setback of 25 feet. Staff suggests the Planning Commission discuss the reasonableness of granting variances to allow for three-stall ganges. Coumeya had nothing to add to Staffs report I ■ ►*, There were no public comments regarding this application. Rahn stated he is in agreement with Staffs recommendation and that it is difficult to approve the additional encroachment and living space. Rahn indicated he would be more receptive to the proposal if there were not a further encroachment to the front. Coumeya stated in 1995, they did not realize how far the house was physically located from the road. Coumeya stated the 22-foot garage is not functional and that lie would have asked for an additional i.ve feet at the time the garage was originally proposed had he realized how the garage would be limited in space. Fritzler stated he also is in agreement with Staffs recommendation. Fritzler stated this garage addition should have been given more thought at the time the residence vras constructed in 1995. Bremer stated she would be willing to add a garage stall if there was no further encroachment. Bremer stated in her view the minimum size of a garage should be 24 ’ by 24 ’. Gundlach stated a variance is required to add living space above the attached garage. Jurgens stated there is always the possibility that the road could be reconfigured and that he is not in favor of constructing closer to the road. Rahn slated die applicant could have his application tabled to allow him time to revise his plans or agree to not encroach further into the front or side setbacks. Coumeya indicated he would look at no further encroachment. PAGE 31 rI MINUTES OF THE ORONO PLANNING COMMISSION MEETING Momlay, July 18,2005 6:00 o’clock p.m.4- Raha moved, Lctlic sccoaded, to recommead dcalal of the froat yard variaace for Applicatioa #05-3126, Todd aad Mystl Couraeya, 4620 Toakaview Lane, bat with the aoderstanding that the Plaaaiag Commissioa woald be receptive to a side additioa that eacroaches ao farther thaa what carreatly exists la the froot yard, with no enc oachmeat into the side yard setback, and to allow living space above the existlag garage aad new additioa. VOTE: Ayes 7, Nays 0. 13. #05-3132 PETER ESKUCHE ON BEHALF OF BRAD AND CHERYL JONES, 2545 NORTH SHORE DRIVE, VARIANCE AND CONDITIONAL USE PERMIT, 9:35 PJH. - 9:50 P.M. Bradley Jones, 1245 Woodhill Avenue, Sven Gustafson, Stonewood, Peter Eskuche, Architect, were present. Oundlach stated the applicant is requesting a lot area variance to permit construction of a new residence on an existing lot 1.5 acres in total area with .92 acres considered dry buildable, where 2.0 acres is normally required. In addition, a conditional use permit is being requested to allow 900 cubic yards of fill outside the 75-foot setback when 500 cubic yards or less is permitted without conditional use approval. The property is located in the LR-IA, One Family Lakeshore Residential District, which has a iwo-aere minimum, and consists of 1.5 acres. Staff recommends approval of the lot area vs'-ee witii the stipulation that the deck on the lake side of the home be confirmed to meet a 30-foot setback from the side lot line, as no side yard setback variance would be granted, and also that the chain link fence shown within 75 feet of the lake on the applicant’s property be removed. Gundlach stated a computer-generated report on the fill has been submitted by the applicant and distributed to the Planning Comi.iission. Gundiach noted the grading and drainage plan has been revised PAGE 32 J W5-3I26 J«ly I8.200S Pace I o(3 Date Application Received: 5-26-05 Date Application Considered as Complete: 7-12-05 60-Day Review Period Expires: 9-10-05 To:Chair Rahn and Planning Commission Members Ron Moorse, City Administrator From: Date: Subject: Janice Gundlach, City Planner^ July 13,2005 05-3126, Todd & Mysti Coumeya, 4620 Tonkaview Lane, Front Yard Setback Variance, Public Hearing Zoning District: Lot Area: Lot Width: LR - IB, One Family Lakeshore Residential District (I acre min.) 0.48 acres (20,900 s.f.) 215 feet (140* required) Aj^ication Summary: Applicant requests the following variance in order to construct garege additions with living space above to the existing two-stall attached garage: 1. Front yard setback *'ariaace to ^rmit a front yard setback of 20’ when 35’ is normally required, 25’ currently exists, and 25’ was approved by variance in 1995. Recommendatiou: Staff recommends denial of the request. In staffs opinion adequate hardship has not been demonstrated to allow a further encroachment on the previously approved front yard setback of 25’; however the Planning Commission may want to discuss the reasonableness of granting variances to allow for 3-stall garages.____ Pertinent Zoning Ordinance Sections Sec. 78-330. Area, height, lot width and yard requirements. (b) Lois. The following minimum requirements shal be observed: Lot Area (acre)Lot Width (feet)Front Yard (fact)Side Yard Adjacent to Another Lot (feet) Rear Yard (feet)Side Yard Adjacent to Street (feet) 1 140 35 10 30 35 ListofExhibiti Exhibit A - Applications Exhibit B - Hardship Documentation Form Exhibit C - Existing and Preposed Survey Exhibit D - Required Setbacks Exhibit E - Hardcover Calculations Exhibit F - Existing Elevation Exhibit G - Proposed Elevation Exhibit H - Resolution #3519 Approved in 1995 Exhibit I - Aerial Photograph Exhibit J - Property Owners List Exhibit K - Plat Map L WS-3IM July I8.200S Page 2 ora Background The rq)plicant met with staff in May to discuss additions to the existing attached garage. The applicant expressed a desire to obtain a deeper garage to accommodate a van and also the addition of a third stall. This applicant obtained a variance in 1995 to build the existing home at a 25 ’ setback. The variances were granted based on the limited buildable area due to the bluff and top of bluff setback restriciions (see Exhibit D). LOT ANALYSIS WORKSHEET Lot Arca/Width LR-IB Lot Area Lot Width Required 43,560 s.f. (1.0 acres)140’ Actual 20,900 s.f. (0.48 acres)215’ Setbacks s12Rcqnircd Existing Proposed Front 35 ’25 ’20’ Rear 30’Top of bluff more restrictive @ 30’* No further encroachment Left Side (north)10’10’10’ Right Side (south)10’Top of bluff more restrictive @ 30’* No further encroachment *see Exhibit D illustrating required setbacks Total Lot Area Total Structural Coverage 20,900 s.f. (0.48 acre)Allowed: 3,135 s.f. (15%) Proposed: 2,268 s.f. (11%) Hardcover Calculations Hardcover Zone Total Area in Zont 20,900 s.f. Allowed Hardcover 7,315 s.f. (35%) Existing Hardcover 4,478 s.f.* (21.4%) Proposed HaHcovcr 4,898 s.f. (23.4%) J : M)5-3I26 July 18,2005 Page 3 of3 Front Yard Setback Variance The applicant is proposing a S* x 25 ’ addition to the front end of the existing attached garage and a 10’ x 23 ’ addition attached to the north side of the attached garage. The proposal also includes incorporating living space above the new 3-staIl attached garage. The applicant received a variance in 1995 to the front yard setback requirement allowing a 25 ’ setback. This request includes extending the existing attached garage 5’ forward and constructing an additional stall to the north, requiring an additional 5’ encroachment on the previously approved 25 ’ setback. A 35’ front yard setback is required within the LR - IB zoning district. A variance is required in order to tallow the proposed 20 ’ front setback. Hardship Statement Applicant has provided a brief hardship statement in Exhibit B, and should be asked for additional testimony regarding the application. Hardship Analysis /ff eoMUertHg af^lkationa for variance, the Hanning Commission shall consider the effect of the proposed variance upon the health, sgfety and welfare of the community, existing and anticipated tr^Hc condMons, light and air, danger of fire, risk to the public safety, and the effect on values of properly In the surrounding area. The Hanning Commission shall consider recommendlne approval for variances from die literal provisions of the Zoning Code In instances where their strict enforcement would cause undue hardsh^ because of circumstances unique to the individual property . .nder consideration, and shall recommend approval oniy when It b demonstrated that such actions wUI be In keeping with the spirit and intent of the Orono Zoning Code. Staff finds that no additioiud hardship inherent to the land has been demonstrated to allow approval of an additional 5* encroachment on the 25 ’ setback approved in 1995. The restrictions of the bluff and top of bluff setbacks factored into the approval at 25 ’, allowing the applicant to construct a house with tv'o-stall attached garage. The Plaiuiing Commission may want to discuss the reasonableness of granting variances for 3-stall garages, although this may or may not help the applicant achieve a deeper garage. As an alternative to gain living space above the existing attached garage and added garage space to the north, staff would support variances maintaining a 25 ’ front setback as well as a 10* side setback based on the finding and conditions of the 1995 variance approval resolution. Issues for Consideration 1. Are there additional hardships beyond those that supported the 1995 approval to allow a further encroachment of 5’? 2. Are additional variances to achieve a 3-stall garage reastmable? 3. Are there any other issues or concerns with this application? Staff Recommendation Denial of the requested 20 ’ front yard setback. Staff would support variances to achieve living space above the existing attached garage at a 25* setback when 35’ is normally required, and also any garage addition (with living space above) to the north that maintains a 25 ’ front yard setback and a 10’ side setback. City of Orono Variance Application street Address: 2750 Kelley Parkway Orono, MN 55356 Main; g52-246-4600 fax: 652-249-4616 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 Application# Date Received; Amount Paid: if Staff: JkhllJS Fee:$600 Renewal: $300 After-the-fact $1,200 Double Fee This application form must be completed In full. Applicant will be notified within 15 days as to the status of the application. Incomplete appHcations will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: Site Address: Property Identification Number (PIN): =$ Z.33Z.0663 (Attach legal description to application if ncn included on the survey.) Date Property Acquired (month/year): □ Yes. I own the adjacent parcels. Present use of property: M Residential □ Other ___LR'16Zoning District: APPLICANT INFORMATICpN: (Complete legal names and marftai status required for each :,iterested party) Name: moQ k ___________ Phone (home): 95^. _______Phone (work): 2o'?3 Address: tlCZa Uury^ ________City: ________Zip: OWNER INFORMATION: (Complete legal names and marital status required for each interested party) Name: _______________________ Phone (home): ______ Address: —. Email: \aS!»52sste Zip: DESCRIPTION OF REQUEST: Estimated Project Cost: Describe the request In detail (attach additional sheets If necessary): __________ yarA vcrfK«*v\cg S~L____________________________ f| Ji erf REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. 0 0 □ JA DA 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* xll’or'rx 17"), Additional items may be requested by City Staff depending on the scope of the project. * APPUCANrS ACKNOWLEDGEMENT: The applicant hereby agrees to provide all iijferrhation required or requested by the Planning Department, agrees to pay additional feesjtstdff time not covered in the original fee payment) and/or consultant expenses Incurred In revieyiMifthis application and certifies that the information supplied is true and correct to the best of hi^Ai^knowledge. The applicant recognizes that he/she is solely responsible for submittlno^r’^^plete a^pj^ation being aware that upon failure to do so, the staff has no sltornativp^^ to PVmt IHmtil it Is complete or to recommend the request for denial of the reques^fegardlpd^jifltelwts ptla merit Applicant’s Sigi _ Applicant’s Signature: ^r. OWNER’S ACKNOI The owner hereby acknowledges entry onto the property^ Cl purposes of investioamn aj Date: Date: /6 “ *20*^5” S' to this application and further authorizes reasonable rsultants, agents. Commission & Council Members for request. Owner ’s S Owner ’s Signature:S'-Zt-ps- Applicant must ha)^all sujimittals into the Cit>' offic^ 25 days before the Planning Commission Meeting. Planning Com^plfssion 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. J I‘St %I n \\\ S/‘ City of Orono Pre-Application Meeting Form (This form is to be completed by a City Planner during your pre-application meeting.*) Street Addren: 2750 Kelley Paricway Orono. MN 55356 MafUng Address: P.O. Box 66 Crystal Bay, MN 55323-0066 Fo'' Office Use Only; City Planner JANICT MeeOnfl Date/Time: S//7 PC Date; JUNl f'O ml T7A)6 Main: 952-240-4600 Fax: 952-249-4616 MfVMif /s f/M purpose of a pra-oppilcatkm meetfng? Pre-application meetings aid the applicant in preparing a complete proposal, inform them of the procedures and requirements of the city code, and identify policies or regulations that create opportunities or problems for the proposal. PROPERTY INFORMATION: Site Address: Uvh<.________________________ Property identification Number (PIN): 'T.i ‘\7^ooCh _____________ Zoning District: LA' lA Size of Property: Zo.qoo cr DESCRIPTION OF REQUEST: . □ Average Setback □ Side Yard Setback □ Rear Yard Setback ja Front Yard Setback □ Hardcover □ Lot Coverage □ Lot Area □ Lot Width □ Other: Upddbff Wrifflj. ihffw iJfiif/ Applicant’s initials: <i JS HARDSHIP: Applicant has received the Hardship Documentation Form, understands it as it has been explained to them, and is aware that it must be completed and submitted in conjunction with their formal variance application. OTHER INFORMATION: *PleaMnote: Yourvariq meeting during wh Applicant SlgrurtutiT' I^T be accepted without a pre-application by City staff. Date: It ^3 X Page 1 of3 HARDSHIP DOCUMENTATION FORM This form is a required submittai for ALL variance appiications. An application will not be considered complete or placed on any meeting agendas untH 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 situallons are not con^dered 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 die 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 |ustHle<f. 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 corxlitions allowed by the official controls.” iV AvfCtcuVV 4e par>C ______ __iV -Vio --------------------------------------------------------------------- 2.The plight of the landowner is due to circumstances unique to his property not created by the landowner.” _______________________________________________________________________________________ 3.The variance, if granted, will not alter the essential character of the locality.” aio closer -U U/,l\ i»«. InwiAc 4.‘EcorKxnic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter.” 'll D*.44s V ckilArss m, Kc-vt -VV^^ UM. p-4c <»>ir yL*\S^ Co<S •«rVc'»4c. o . •» TT 5. 6. 7. e. 9. Page 2 of3 ’Undue hardship also includes, but is not limited to. inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter.” AJlfV_________________________ __________________ 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.” Al l A ____________ . ”The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.” lUlA^_______________ ______• ______________ The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” T^irsT’^^A\e -AVa is Awa avV The conditions do not apply generally to other land or structures in the district in which said land is located.” 5*0- __________________________________________________________ 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant” i j \ ^>^0ftUT^y. /& /reV -iafc I** "“U gyrttKT 11. The granting of the proposed variance wilt not in any way impair health, safety, comfort, monds, or In any other respect be contrary to the intent of the Zoning Code.” , » V 1 Alb. V” "KiS UKlId _ _ Ik. 14 hiPT i<vV/«cf ef "iW O^.______________________ tF€» ■9.6 fct ail ~ii ain Page 3 of 3 12. The granting of such variance wiH not merely serve as a convenience to the applicant,but is necessary to atieviate demonstrable hardship or difficuity.” ina.i'itWWrs ttiojN^ ^kpflf^lcAc VtV\\cV<j -U ba 4Uvo\c ow/- rftsKV. Hardahip Statement Should feel the hardsNp canned fuHy be described in the above criteria, describe the unique hardship, practical difficulty or unusual property conditions preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): ^llaO W- ^kte i d ^^Wl?y *-llaO ^ Uw *ai»A aiau'^V«■^ jorfe^ 4a gK«r uiV Va.AT O^r »Jw *t5»yfa ■WVl- f^tAV eVurtoTt. n •j* gli<4~ ioHV. 4.Hoi<sk la v4K)ir ________________________________'•>>ncv5 lfe.rve. ^fc ciasur<. •44»>a_ Ui^ly IxT/BiTACCfclttg. \tg/sas ^\vl fy^CAV cWcWl, u**iII nii- 4i - .i ■ . '5. ' .r:::r:=ry.- v/ • ■••. • ■. • •• V '■• ^ ■: •■=> : >1... A v:; -V. ■,... -J . wmu ....... ■#o “f^ O 1 -PiiStli iiiiiMiimaiiTw iirf ii iiiir - • I HENNtKIW I », '84 4/4 .. • — • * * •• M- ':. S69^I6 agy• •• •» / •« • • • i. •• • •••• •• • ^ • • * ^* . * A *•••• •*•• HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) EXISTWiQ HARIX:OVER IN ZONE A. House _ Ungtt •vH » B. Garage C. Driveway 0. SIdewailr F. Latulacape Undertain ByPlaslIe O. Retaining WaHs H. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ______________ PROPOSED HARDCOVER IN ZONE A. House _____________ Langtt B. Oarage C. Driveway 3C* D. SidawNk EV^Meck P. Landscips Undadain ByRMlIc O. RataMng WaNa H.Othar 0-75* 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 75-250' vuitivoncc 250-500* ^500-1000* A Width s ss 3' s ss mm s I xlOO Width S Vf'iimf) mm ss s x100 » |0d0 S.F. Z98 S.F. S.F. ^e6 S.F. S.F. S.F. 8.F. S.F. S.F. S.F. 934 S.F. S.F. S.F. ___Vfi S.F. S.F. S.F. A S.F. B s 7I.V S.F. S.F. S.F. <r^S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. 5U.WUL S.F. S.F. S.F. A Ox»1ao S.F. 8 Z».H f R*‘.U’aJ. i C'J .» r i ...r.i S\. I- I\ J 1 “i «; -J O ..................■*----------------------'•* • ! . • -V CITY of ORONO RESOLimON OF_THE CITY COUNCIL S5 1 9NO. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5 (A) FILE NO. 1981 WHEREAS, Todd R. Courneya (hereinafter "the apr licant") has an interest in the property located at 4620 Tonkaview Une within the City of Orono and legally described as follows: Lot 1. Block 1, Lemmerman Addition, Hennepin County. Minnesota (hereinafter "the property"); and WHEREAS, the epplicam has applied to the City for a variance to Municipal Zoning Code SecUon 10,24. Subdivision 5 (A) to peimit the constiucUon of a 30 x W rSct on an undeveloped property to he located 25' from the street lot Ime instead of the required 33’. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. 2. This application was reviewed as Zoning File #1981. The property is located in the LR-IB Lakeshore Residential Zo^g Wsiria requiring 43,560 s.f. or one acre in area. The property consists of 20,900 s.f. or .47 acres. 3.The Orono Planning Commission reviewed this application oii November 21, 1994 and January 17.1995 and recommended approval of the variance application as amended based upon the following findings: A. The property has been assessed for sewer and a sewer smb is avaUable at Tonkaview T ^ne for new residential construction. B.Lot 1 of the Ummerman Addition was created as a result of a lot me rcanangement that divided the two lots along a namral division Ime created by steep topographies. Page 1 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 5 19 c.The lot is severely impacted by required setbaclcs from the defined top of the bluff and bluff impact zones. D.The legal building envelope is defined at approximately 22 ’ in depth at 100’ length. The 22 ’ envelope was to provide not only envelope for the principal structure but aU accessory stnictures needed to serve a two-story residence. E.The residential construction as proposed will minimize any negative impact upon the steeper topographies to the north and the east. 4.The City CouncU finds that the conditions existing on this property are pecuhar to it and do not apply generally to other property m this zomng distnct. that 2^ning Code and Comprehensive Plan of the City. 5. welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS tarty grrtB 1.Upon tppUcation for a building permit, the following shall be mcluded: Page 2 of 5 'M. m^mi 4'!- »#>.'.... . V. .'VJ ftwei .'<1 NC 4 4-'m ;-c^ L'.r.^, .1.,,•> * ^ N w -^si^ L4T/5I !■' * li. - . .. •' < ^. ■**V •* ?■* / • •• • . . • • • . * •.’ 4 ", .ft. \ t . V - *\. ■ Wi.-'. A* hBv>» #«L ^ V (■ .• .•' *'vi . V .. ',‘1^'‘f *4 ,A ‘ if5 :V*.J^ ‘^Ipl rfiLr*.u. /? -K •ry ^*^ I \ * :v-A :.Sy| 54. i#? V 7^ A.. '^4 ->:1 i.v;.v RUN DATE :VH^ M 0711733)10031 PROTAOOR 1299 WILDHURSTTR OWNER NAME AMY MARS SCHIMMEL ET AL TAXPAYER AMY MARS 8CHSIMEL NAME/ADbR 1299 WILDHURSTTR MOUND MN SS3M 31 0711733320024 PROPAOOR 44IS TONKAVSWLA OWNER NAME KATHLEEN CASH TAXPAYER KATHLEEN O ASH NAMB/AOOR 4«IS TONKAVSW LA MOUNDMN SS304 31 0711723320043 PROP ADOR 4040 TONKAVSW LA OWNERNAMB KENNETHJHICKBY TAXPAYER KENNETH J HICKEY NAMSAOOR 4040 TONKAVSW LA MOUNDMN SS304 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 31 07II7233I003S PROPADDR 1261 WILDHURSTTR OWNER NAME SCOTT MICHAEL HENNESSY TAXPAYER SCOTT M HENNESSY NAME^AODR I26< WILDHURSTTR MOUNDMN SS364 3t 0711723310040 PROPADDR 1297 WILDHURSTTR OWNER NAME KENT WELCOME TAXPAYER KENT WELCOME NAME/ADOR 1297 WILDHURST TR MOUNDMN 55364 3S 0711723320025 PROPADDR 4025 TONKAVIEWLA OWNERNAME RICHARD0AJUUEAROELOFS TAXPAYER RICHARDO A JUUE A ROELCM^ NAMBADDR 4625 TONKAVSW LA MOUNDMN 55364 38 0711723320027 PROP ADDR 4635 TONKA VIEW LA OWNERNAME MARK H BOON TAXPAYER MARK H BOON NAME/ADDR 4635 TONKAVIEW LA MOUNDMN 55364 38 0711723320046 PROPADDR 1240 GARDENCT OWNERNAME DTRONGARDASMTRONOARD TAXPAYER DEAN A SUSAN MTRONOARD NAME/ADDR 1240 GARDEN CT MOUNDMN 55364 38 0711723320063 PROP ADDR 4620 TONKAVIEW LA OWNERNAME TODDRCOURNEYA TAXPAYER TODD R COURNEYA NAME/ADDR 4620 TONKA VIEW LA ORONOMN 55364 I CERTIFY THATTHE FACTS REPRESENFED ARE AN ACCURATE AND TRUE REPRESENTATIONS INFORMATION AS IT APPEARS THIS DATEONTHE RECORDS- OFTNE HENNEPIN COUNTY TAXPAYER SERVICE DEPARTMEI^ TO TTiE BES' OF MY KNOWLEDGE AND BEUEF. ^ DAT PACE: I -VL 8 8i ! , i -r 1 V r ' I. f i ■ 4 ' i 5-r _>' vW! Hrfinepin t ■ *■.'■ • ^ L r ' ’<if |v - ■ > ’i .'hi ■ ’’ -^u Hennepin County Taxpayer Services Department .r-. * A dT^ParcBl Infonnathn L*-;,r»^ A' IfMl ID 071172332 Romm NumlMr 4020 Otioot Homo TONKA VIEW LA 3^ • TNaisnat9l»gaHynoonMirMp. ft npn$ents a companion of InformMon and data from CUy, Counfy, and Slala mad authoritlas and oOtar sources. Date Applicatkm Received: d/21/05 Date Appikatiofl CoaiMered as Complete: d/21/05 dO-Day Review Period Eipircs: 8/20/05 Oru «*crfrTIMQ AUG 6 2005 REQUEST FOR COUNCIL ACTION (CONSENT AGENDA)CliY'OH OHONO Date: August 3,2005 Item No.: —j Departomat Approval: Admiaistrator Approval: Agenda Section: Naam: Michael P. Zoning Title: Planning Director* Item Description: #05-3128 Gregory O'Connor/Richard Fruen, 400-410 Big Island • Subdivision of a Lot Line Rearrangement - Resolution List of Exhibits A • Resolution - Lot Line Rearrangement B - Notice of Planning Commission Action 7-22-05 C - Memo and Exhibits of July 14,2005 AppUeation Sumimuy: Applicants request approval for a lot line rearrangement between these two recreational parcels. Each lot contains a seasonal cabin. 410 also has a shed and an extensive retaining wall system holding up the steep bluff at the lakeshore. No new construction or activity is propos^. The lot line rearrangement is intended to resolve a historical encroachment issue that applicants thought had been resolved via a deed exchange in 1986, but which never received City approval. The cabin on 400 Dig Island encroaches approximately 1.4* onto 410 Big Island. The 10’ property exchange leaves one comer of the 400 Big Island cabin 8.6’ firom the lot line, where 10’ would be required, but staff has concluded that requiring iq>plicants to revise all their de^s and past actions to gain the extra 1.4’ is not justified. There are no existing utility or drainage easements along the shared lot line, and due to the topography, staff finds no public value in requiring such easements. PfaiBBfaig CommissloB RecomBieBdatioB Planning Commission reviewed this at a public hearing held on July 18 and on a vote of 7-0 recommended approval as proposed. Staff RecoBMMBdadoB Staff recommends adoption of the attached resolution. COUNCIL ACTION REQUESTED I to adopt Resolution No., "A Resolution Approving a Subdivision of a Lot Line Rearrangement for Properties Located at 400 and 410 Big Island -File #05-3128'*. J h A RESOLUTION APPROVING A SUBDIVISION OF A LOT LINE REARRANGEMENT FOR PROPERTIES LOCATED AT 400 AND 410 BIG ISLAND FILE IW5-3128 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of Orono (hereinafter "City Council") has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a subdivision of a lot line rearrangement by Gregoiy B. O’Connor and Richard W. Fruen (hereinafter "the applicants”) of properties legally described as; The East 20 feet of Lot S, and all of Lots 6 and 7, Scriver’s Subdivision of Lot “E”, Morse Island Park, Hennepin County, Minnesota according to the plat thereof on file and of record in the office of the Hennepin County Recorder (hereinafter "the properties”); and WHEREAS, the properties consist of two tax parcels shown on the survey attached hereto as Exhibit "A”, and referenced hereinafter as the “Easterly Parcel” (O’Connor property at 400 Big Island, consisting of Lot 7) and the “Westerly Parcel” (Fruen property at 410 Big Island, consisting of Lot 6 and part of Lot S); and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on July 18,2005 at which time ail persons desiring to be heard concerning this triplication were given the opportunity to speak thereon; and WHEREAS, the qiplicants have completed or have agreed to complete all requirements of the City for a metes and bounds subdivision of a lot line rearrangement for division and combination purposes, resulting in the relocation of the common lot boundary between the properties, as shown in the survey attached as Exliibit "A” and resulting in a new legal description for each parcel as shown in Exhibit "A"; and Page 1 of3 1 ^ ' m WHEREAS, the lot line reanangement request is intended to resolve a historical encroachment issue and result in formal City approval of a deed exchange that occurred in 1986, but v^ch never received City approval. The cabin on the Easterly Parcel encroaches approximately 1.4’ onto the Westerly Parcel. The proposed 10* property exchange results in the cabin being completely located within the new eastern parcel and 8.6* ^m the new lot line. While the cabin will not meet the City standard of a 10* si^ lot line setback, the encroachment over the lot line is eliminated. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono herelty qiproves the lot line rearrangement of the above referenced property by the ^licants as shown on die certificate of survey by James H. Parker, a licensed surveyor of Advanced Surveying St Engineering Co. dated November 4,2004, as attached in Exhibit *A", subject to the following conditions: 1.Applicants shall provide a tide opinion for the properties confirming ownership and encumbrances. 2.Nothing in this approval shall be construed as granting variances to setbacks, hardcover or other building location, lot size or development standards established by the City of Orono 3. % The aforesaid division shown on the attached Certificate of Survey shall be filed by the City of Orono with either the Hennepin County Recorder's Office or Registrar of Titles Office on or before February 8,2006 together with a certified original copy of this resolution. 4.The miproval granted by this resolution shall expire if the division has not been filed by the date specified above. In that event, it will be necessaty to file a new triplication with the City of Orono for subdivision review. Adopted by the City Council of Orono, Minnesota this 8th day of August, 2005. ATTEST: ■ v:>: , Uoda S. Vee, City Clerk Barbara A. Peterson, Mayor Page 2 of3 • ..-I, STATE OF MINNESOTA CX)UNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this___day of 2005 by Barbara A. Peterson, Mayor of the Ciiy 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 instrtunent 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 3 of 3 ■ IIillim i'll'h ; I'liiiiii iiSirutiiiiiriitiiiiuianii T M 11 i L Vk-. - 'km CITY OF ORONO 27S0 Kdlqr Parkway P.O. Box 66 Ciystal Bay, MN 55323 (952)249^ ZONING FILE: #05-3128 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: July 22,2005 TO: Oregoiy B. O’Connor COPIES: Richard W. Fruen 1549 Livingston Avenue, Suite #107 2020 Field Avenue West St. Paul, MN 55118 St. Paul, MN 55116 TYPE OF APPLICATION: Lot Line Rearrangement: 400-410 Big Island DATE OF MEETING: July 18,2005 Pfauuibig Comnission recommended as follows: ApfMPOval as proposed, subject to q>plicants providing a title opinion to confirm ownership of property, prior to release of the approval resolution for filing at Hennepin County. VOTE: 7 FOR 0 AGAINST Applicant's next scheduled meeting is confirmed as: CUy Connell, Monday, August 8,2005; meeting begins at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available firom the City Recorder after review and approval by the Planning Commission. If you have questions, please call Planning Director Mike Oaffion at 612-249-4600. > • i llliMlW li lHi Date Application Received: 6/21/OS Date Appikatlon Considered as Complete: 6/21/OS 60-Day Review Period Bipires: 8/20/0S To;Chair Rahn and Planning Commissioners Ron Moorse, City Administrator From: Date: Mike Gaffion, Planning Director July 14,2005 Subject:M)5-3128 Gr^o^ O’Connor/Richard Fruen, 400/410 Big Island - Subdivision of a Lot Line Rearrangement - Public Hearing Zoning District: RS Seasonal Recreational District, S-acre minimum Lot Areu: 400 Big Island: 410 Big Island: Existing 17.300 s.f,± (0.40 ac.) 36.300 s.f. ± (0.83 ac.) Proposed 20,600 s.f. ± (0.47 ac.) 33,000 s.f.± (0.76 ac.) Ai^Ueati0H Summary; Applicants request approval for a lot line rearrangement between these two recreational parcels. Pertinent Code Sections: Section 78-S68/S69/S70: RS District Standards Minimum lot area required = 5.0 acres dry buildable Minimum lot width required 200', but no lot line rearrangement shall reduce any record lot width to less than 50’. Side Yard Setback: 10’ for record lots less than 100’ in width List of Exhibits A - Application B - Plat map C - Survey - Existing & Proposed Lot Lines D - Airphoto E - Correqwndence F - Hennqiin County Approval Form G - Property Own«s List Background Each lot contains a seasonal cabin. 410 also has a shed and an extensive retaining wall system holding up the steep bluff at the lakeshore. No new construction or activity is proposed. The lot line rearrangement is intended to resolve a historical encroachment issue that applicants thought had been resolved via a deed exchange in 1986, but which never received City {q>provai. The cabin on 400 Big Island encroaches approximately 1.4 ’ onto 410 Big Island. The 10’ property exchange leaves one comer of the 400 Big Island cabin 8.6’ from the lot line, where 10’ would be required, but staff has concluded that requiring ^plicants to revise all their deeds and past actions to gain the extra 1.4 ’ is not justified. -ifrtii inTit A. V (■ i MS.312S Jaly 14,200S P«fc2 Since no construction activity is proposed, staff has not required hardcover calculations nor construction plans for either property. Applicant has advised that there are no septic system impacts resulting fix>m this rearrangement, dthough the applicants are exploring the possibility of a shared septic system for future needs. There are no existing utility or drainage easements along the shared lot line, abd due to the topography, staff finds no public value in requiring such easements. 400 Big Island 410 Big bland Standani Baqolredor Allowed Eiisting Proposed Existing Proposed Lot Area S.O acres 0.40 acres 0.47 acres 0.83 acres 0.76 acres Lot Width (thoreriS*)200'/200 ’65 ’/57’65 ’/67’l07 ’/10r 107 ’/91 ’ Side Sediack 10 ’-1.4 ’8.6 ’42 ’32 ’ Issues for Consideration 1. Does Plaiuling Commission have any issues with this rqrplication? Staff Recommendation Staff recommends approval of the lot line rearrangement, subject to 1. Applicants to provide title opinion to confirm ownership of each property. ■■ V tr- City of Orono Subdivision Application ^reet Address: 2750 Kelley Parkway Orono, MN 55356 Application# O 5 Date Received: -X<- 2.cg3S 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 compieted in full. Amount Paid: Staff: _____________ Fee:r.^oo - oo PROPERTY INFORMATION: ^ y. Site Address: %> -VtC GxiT Property Identification Number (PIN): ^2 ad'7 ^ ^ X3 Oo‘y^ .(Attach legal description to appiication if not included o^e survey.) Date Property Acquired (month/year): AU g J^CAbstract or □ Torrens, please check one Present use of orooertv: □ Residential * b Other TzifJ /74» ______________ Zonlno District: rL S ^APPLICANT INFORMATION: (Complete legal names an Name: C Sd’d* d marital status required for each interested party) Phone (home):Phone (work): Address: Email:Fax: ' OWNER INFORMATION: (Complete legal names and rm Name: (’Sff irital status required for each interested party) Phone (home):Phone (work): Address: Email:Fax: EXISTING LAND USE: Number of Tax Parols: Development Size:Acres Dry Land Acres Wet Land Acres TOTAL, all parcels Present Use (check one) Present Zoning District H Residentiai; Number of Units: Other (Specify) -JkA________ Proposal: □ Division for Tax Purposes 0 Lot Line Rearrangement Only (no new building sites) □ Subdivision for New Building Sites Number of Building Sites ______ Proposed Gross Density Minimum Lot Size Proposed Use (check) Existing Units New Units Total Units Units per Acres Square Feet Dry Buildable Land L □ Residential □ Other (specify) -10-Jil€7^ U \ ^ \ •: V-:*/ j- i pUMIMUM MATERIAL REQUIRED FOR COMPLETE PRELIMINARY APPLICATION 1. Payment of fees (refer to "application 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 4. r-t_____Cniiih .Qfroat MinnpannlifQ tpipnhone 612-348-5910VFinanco, Government Center, A-603 300 South 6** Street, Minneapolis, telephone 612-348-5910). As an addendum to this application, please attach a separate list of any other persons you wish notified of this 5.application. MIMIMUM material REQUIRED FOR COMPLETE FINAL APPLICATION 1. Payment of fees (refer to Preliminary Subdivision Approval resolution and park fees if applicable). 2. Signed Certificate of 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 Feet: ___Sketch Plan Review (Class I. II & III) $350.00 ^ Subdivision of a Lot Line Rearrangement $600.00 Subdivision Application (Class I & II) $600.00 Preliminary Subdivision Application $750.00 + $30.00/lot (Class III & all non-resIdenHal) ____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 Foes (to bo 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: Proposed Private Roads $650.00 $.50 per lineal foot; Proposed Public Roads $950.00 + $.50 per lineal foot; ___ . - __ - ... a ao mm • A _ _ A lin. ft. X .50 = $. lin. ft. X .50 = $ Requast for City to Accept Existing Private Road $950.00 Proposed Sanitary Sewer Main Extension $275.00 + $25/stub Proposed Watermain Extension $275.00 $25/stub Proposed Storm Sewer System (excluding culverts) $250.00 On-Site System, Site Evaluation Review (applicable to rural subdivisions) $60/per lot x__new lots C. Flexible Application Fees/Miecellaneous 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 $35.00 per dwelling unit The applicant hereby agrees to provide ali information required or requested by Planning Department Staff, City Engineer, City Attorney, Planning Commission and Council necessary to process this Owner's Signature: ~ Q .c Date: C Applicant must have all submittals into the City Office 25 days before the Planning Commission meeting. Planning Commission meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the City Planner assigned to your project of this change prior to the meeting. -U-it" ■ ■ . V*:>-. —M ■ t r ‘ >• ’ .* ;^'v., ; (I Qj i /^kA^ r* y\ iT. FRue^J po ©ox ^-x ^XC«4^»«R MX), ^5 ”33l 4ia -14)1 \ RiipiT r, CMHUoJi '^4Lrveu X. !<fOf COL'^f^ ^T>0VL /)#Virr;>'^ r^"f K4B/»«E S> ® ^ientr. a» r «oi OQ #• O -L :0 O ^S!sat-jg'\ 1^0^^ Pt*^ emAti. ^ ^ /^sr. c#/»f r,^K' 4 S'! - ff* ^o ^ ^*- ^7 /^t, ^/o ^Uj^JZ ;#?128 ■ *< l/l *4 ' H{9lM«fM#tM ant*Ml ’unr iwu I >(ur 1/-MW 4li*ii C/^ *4 k^f -VHMm* • • 4ft«» «»•••• .•- jMII •»(*•■• /MMf •«? •*•» \t « H H '( III % \ i .-V, m Hennepin County :V ■' ‘"^•4; 1 Services Department !' “ d »»' 4i / t *1i Q /D J,.-. Ptuv^ Infonnatfon Paic«l ID 23117233: H oum Nuin3«r 410 •tTMt N mim bio island ' V lN9ltiK»al9galfynoonimlnmp.Hniin mnlamcomfiiltllonetMormaBon mnfdtlalhjmCIty, County, and Stal» road m0wrtHmmnlollm»ounM. ;» : ^ * V (si 1 K to» 7. Mcapt tA* wuttfiy 10 'Ml thane', o' Sewnr'a SuMoiMn a' lai r Mona /aiontf Portr. aeconmo to iha ncorOM plal ihano'. In tha OtlSca o' Iha Paofitar a' Oaatfa o' aoM Nannapin Caunt.; ~ ^ Aa *Ah .a ^ I 1i — # r__ __ ____________ I I § Ofr—mixt contained DiMJUIS-QAMHULUSD svMvtroMx me. mS$mm9^Lm»*rn m ||««imrnmcm------ Lyy gy ^ uu?r Tr?ry iTi ri? 5^**' ^ — ZT^ ^ ^ —*£lg4J^__ ,a 97 —4(^?r 1^ , __________a Mhh,»n.2a«l^ Mt« f J57/3I PREPARED FOR: bob f //AA/CYSBtJ^<yO fVu^WIUMMA&arU'Win rik.J V ^ s. •\% ‘••A" \ . A ^ \ /•r Xk. ✓V* ' •. , i*‘. ^•>':r\r «■ j»- ■ v» X .f . ,T ••y^j- „- .V •-S l/. i %• X A V#: * ..*•>v. 1 y -:. -X \ t; *v?> X* :u .••I V •'•' .V- rv . .-v' •X t. li. g^^.V/V^ P.V£ V'. , ViS. \ i'“ "* • w A / »?> • ** ' • • M V# * * ' <k i- * ■• .N . V <K \' ' k*'- / H'f / •••M' ■• 'J: 'S> ^^kkJ /k^ ^ *«'% # « 'X li'**!.' •X -V .-^ ' #*. •:«• 'i \r ■ \ €-i 1^ •'■> V ■• ar ’# iv ':• 3'Sa ^ -’ - •■■ " V>4xfe' ‘ i.m %r \ •N \\ ^ & c Pj! CITY of ORONO Munkipal Oflkes Streft AMrws: 2750 Kelley Partway Orono, MN 55356 MaHing Address; P.O. Box 66 Crystal Bay, MN 55323 0066 May 12,2005 Gregory B. O’Coiuor c/o Entertainment Themes, Inc. 1549 Livingston Avenue, #107 West St. Paul, MN 55118 Re: 400/410 Big Island - Subdivision of a Lot Line Rearrangement -1 O' Strip Dear Mr. O'Connor: We are in receipt of your survey in regards to the 1 O' strip which was conveyed in 1986 from Fruen to Granrud but never approved by the City. In reviewing the files for these addresses I find that I had sent a letter to Robert Granrud in 1998 and a letter to Robert A. LaFleur in 2004 regarding how to proceed. Copies of those letters with supporting information are attached. The process for approval of lot line rearrangement involves one meeting with the Planning Commission and one meeting with the City Council. The process typically takes about 2 months from the ^plication date. The current owners of 400 and 410 must jointly make the application. The Planning Conunission meets once amonfli. The submittal deadline for the next application period is Wednesday, May 18 for replications that would be scheduled for a June 20 public hearing at the Planning Commission. This would then be forwarded for City Council action on either J une 27 or J uly 11. If you need an extra month to prepare your application, the next deadline would be June 22 for a mid-July Planning Commission hearing and Council action in late July or early August. I’m enclosing a subdivision application packet, with the necessary submittal information highliglrted. Because not all information in the padcet applies to a simple lot line rearrangement, following is a summary of the information you must provide: 1. 2. Application Form and Disclosure filled out and signed by all involved property owners. Certificate of Survey including both properties, showing the locations of all improvements (buildings, stairways, wells, septic systems, etc)., showing the parcel to be transferred, and indicating existing and proposed legal descriptions for each property. The survey must include signature lines for the Mayor and City Clerk, as well as for all property owners. lUci (952) 249-4609 • Fax (952) 249^14 .ri.omnnjiia.iis \ I May 12,2005 Page 2 3.Certified Propeity Owners list obtained fix>m Hennq)in County, including all properties within 350* of the subject properties. Also submit the plat map that comes with that list. 4. $600.00 application fee. After Council approval, we will need a title opinion for both properties to confirm ownerships, etc. Please review the q>plication package and if you have any questions, please feel free to contact me at 952- 249-4600. Michael P. Gaffion Planning Director V. ■-m encl. 4' 4?• mm '•ii' A f : •t i J:ick L Chestnut KmHL Cambronne •Cort C. Ha!ten Dennis B. Johnson Janet Walter Robert A. LaFIcur* Stuart C Bear Brian N, Toder * TUmothy P. McCarthy Jefirey D, Bores Stenart C Loper Becky L Erickson Mykne A, Peterson •• C HESTNUT & AMBRONNE 3700 Campbell MiUiun Tower 222 South Ninth Street Minneapolisg MN 55402 (612)339 - 7300 (612) 336 ^ 2940 (Cos) PROFESSIONAL ASSOCIATION A nORNEYS AT LA W Kelly Inn, Suite 820 161 St. Anthony Avenue St. Paul, MN 55103 (651) 291 -1900 (651) 291 - 0063 (fax) Of Counsel: William F. Brooks, Jr. s.Aho tkmmitBM « CPA *Ako mdmiWfSUt Cohrmh •• Aho akiUnwS tm PntmrhmnU Robert A. LaFleur Direct: (612) 336^2919 rUfkur@chestnutcambronnc.com 204 North Star Bank 4661 Highway 61 WTute Bear Lake, MN 55110 (651) 653 - 0990 (651) 653 - 4647 (fax) w\M’\%\chestnutCMmbnmne.com August 10,2004 Mike GafTron Planning Director City of Orono 2750 Kelley parkway Orono, MN 55323 RECEIVED AUG 1 1 2004 CITY OF OROIMO Re: Subdivision Dear Mr. Gaffron: I have a client who is selling his interest in some property on Big Island. The street address of the property being sold is 410 Big Island, Orono. The legal description that I have is: The Easterly Twenty (20) feet of Lot Five (5). all of Lot Six (6) and the Westerly Ten (10) feet of Lot Seven (7), Scriver’s Subdivision of Lot “E”, Morse Island Park, according to the plat thereof on file and of record in the office of the Recorder of said Hennepin County. A problem has arisen by virtue of a Warranty Deed recorded on May 29, 1986, as document number 5113238, purporting to convey the northerly 315 feet (as measured along the westerly line of the below identified Lot 7) of the westerly ten (10) feet of Lot 7, Scriver’s Subdivision of Lot E, Morse Island Park, to another party. A survey of that other party's adjacent lot is enclosed for your use in identifying tlie relevant property. This has created a title % urtXlCb KAL’F Sat I JirihiTiiri ■A. August 10,2004 Page 2 objection because the tax split was not approved by the City of Oroiio and/or the Hennepin County Auditor. Please send me the materials necessary to apply for approval of this tax split. Thanks for your help. •*> ^ I' : ''4:, *■' . ’ Vi -: .S**- RAL/djb Cc: Tom Fruen Mm ■ v;:-mm lipwmmK.fete lii - mmf B- ^‘5-mm • . r te' "Ifo ft PIims .atm 'W. Very truly yours, CHESTNUT & CAMBRONNE, P.A. Robert A. LoFleur /•y ///o 6'CITY of ORONO Miuiidpal Offices Stmt Address: 2750 Kelley Parkway Orono, MN 55356 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323 0066 August 13,2004 Robert A. LaFleur Chestnut & Cambronne, PA 3700 Campbell Mithun Tower 222 South Ninth Street Minnellis, MN S5402 Re: 400/410 Big Island • Subdivision of a Lot Line Rearrangement -1 O' Strip Dear Mr. LaFleur: Weare inreceipt ofyourrequestin regards to the 10'strip which was conveyed in 1986 from Fruen to Grannid but never approved by the City. In reviewing the files for these addresses I find that I had sent a letter to Robert Grannid in 1998 regarding how to proceed. A copy of that letter witli supporting information is attached. The process fin* rqipnyval of lot line rearrangement involves one meeting with the Planning Commission and one meering with the Qty Council. The process typically takes about 2 months from the application date. I assume the current owners of400 and 410, Grannid and O’Connor, would jointly be making the application. The Planning Commission meets once a month. The submittal deadline for the next application period is August 18 for applications that would be scheduled for a September 20 public hearing at the Planning Commission, lliis would then be forwarded for City Council action on October 11. I’m enclosing a subdivision application packet, with the necessary submittal infonnation highlighted. Because not all information in the paxdcet applies to a simple lot line rearrangement, following is a summary of the infonnation you must provide: 1. Application Form and Disclosure filled out and signed by all involved property owners. 2,CertiScate of Survey including both properties, showing the locations of all improvements (buildings, stairways, wells, sqrtic systems, etc)., showing tire parcel to be transferred, and indicating existing and proposed legal descriptions for each property. The survey must include signature lines for the Mayor and City Clerk, as well as for all property owners. lUephoiw (952) 249*4600 • Fax (952) 249-4616 www.ci.orono.mn.MS i August 13,2004 Page 2 3.Certified Property Owners List obtained fiom Hennq)in County, including all properties within 350* of the subject properties. Also submit the plat map that comes with that list. 4. $600.00 ^plication fee. After Council approval, we will need a title opinion for both properties to confirm ownerships, etc. Please review die qiplicadon package and if you have any questions, please feel fiee to contact me at 952- 249-4600. Planning Director encl. vm I'JHICirALITY: DRONO HENNEPIN COUNTY (38) PROPERTY DIVIJslONi ’iHtt. I NU. 1 u^ DIVISION 5 -860847 •CH I)IST 276 WATERSHED 3 SEWER DIST F PROJ * GREEN ACRES OPEN SPACE RAMS LINE/EZ IMDIC IVIDE/COMBINE: PAY __?X_ * NEW PLAT_TO ASSR COPY FOR_ _ _ _ _ _» REQUEST „ DATE 09/18/86 WD J BY__ _ _ _ _ _ _ _QCD _ I^CB y/x*./T^ ^ CD ^ APPROVED / / OTHER _ OCJ' 2/ Q8J # FROM ASSR if VALUE CHECK if SPEC CHECK if COMPUTER if COMPLETED _ / / / / / / / PROPERTY-TD 23-117-23 32 0053 PROPERTY ADDRESS OWNER NANCY L GRANRUD ETAL TAXPAYER M/A ROBERT E GRANRUD 1809 COLVIN AVE ST PAUL MN 55116 ADDITION NAME DATE FILED ADDNi SCRIVERS SUBDIVISION OF LOT E. MORSE / / / :0 t DATE OF LAST TRAN LOT 007 BLOCK APPROX PARCEL SIZE ACREAGE 0.00 METES BOUNDS DESCRIPTION ». THAT PART LYING E OF WLY 10 FT THERE:jF ?R EX AG PT H 0WN% LAND BLDG MACH TOTAL H-BASEf H-BASE2 N/H-BASE1 N/H-ASSD Hf^^SD 4 3 '\ PLEASE INDICATE IF DIVISION 1 MEETS Vi/ITH MUNICIPAL APPROVAL OWSION APPROVED YES □ NO B. a M^-nr nATP </-y.i -f?I / PROPERTY ID 23-117-23 32 0065 property ADDRESS OWNER RICHARD W FRUEN ET AL TAXPAYER N/A JAMES H G FRUEN • « 5501 DEWEY HILL RD APT 130 a 8 EDINA MN 55435 S g 13 5 CO £ t oMEfES ^ BOUNDS DESCRIPTION a: g LOT 6 AND SELY 20 FT OF LOT 5 AND O 3 SR B: A§ PT H OWNX LAND BLDG MACH TOTAL ADDITION NAME DATE^flLED Nt SCRIVERS SUBDIVISION OF.LOT.E. MORSE / / 43140 DATE OF LAST TRAN LOT BLOCK APPROX PARCEL SIZE ACREAGE 0.00 4 ^ NWLY 10 FT OF LOT 7 H-BASE1 H-BASE2 N/H-BASE1 N/H-ASS HM /V^15 1^ •. ,.r ;.t .. : hehmepin county JIVISION/COHBINATION : NEW PROPERTY ID'S SEC TWP RG QQ SUFX 23-117-23 32 0068 f > ) US-n *■ mrn:m^ ■' \ PROPERTY DIVISIONS SHEET NO. 2 OF i5_ DIVISION i 86» SEC TWP RG QQ SUFX 23-117-23 32 0069 SEC TWP RG QQ SUFX .-n 0:iSi- * .i. ■I- ■' J:V ■ . 'kiz IBl - •; - ***'"' ". .* .■' '• ■ .. . C- •. m:-': ■I ■: • ^ hfnii1niiin;*lMTMiiitTrfH i iit'« ;Ha6Sl!tj:oyH.iX.^N. .. .4 . ' •<••. •>..^.•^' r4^-»i^ifcs*«»»4»»».«»4 • •*•3.••♦•■►.'••* :c t • TV^r , RG 'X> ' _ _ _ _ • •• •••. •*•••<OWNERS NAME TAXPAYERS N^ME. MDRESS. CITY. STATE. Zf , *•* ' SReTT lOWtSiON NO. SUI^FIX .'ON COO€ i bksCRiPTION ^ — • .. • • • I • • : ILOT telK *i * ' ' i>.* 4.. I J • <>4 • • •••••• • •.•• •• •.fat* %vr.% lACRES , sp{cx|Aa|pT|Hs OWNER % NCR AS8D• • • • • •••If LAND VALUE . B-1 ASSD ■■ !■ Mil—1— e^xA-U : • CONDO UNIT g:: • A. L« .*. t .Vi"* ••* .%••••••/ ■ a«a» « >•#•#' aa>aa>'«'**« •• a»*»'a«* »*«*»4-*‘ • •■a - a iaa ••I .V . .• •. . . *. . ■•. .•.•■• ... •..-. •.• . ■ .*.• .•.• *.■ •• a * •• ••••#••#••• • -9 aa-aa (ata aa * aa--"** a*«> . I.-.V, .* V^.-.Va . .LV.y.V, .LV. *•.'.•• a- • ► . LV.y. ' .*.V • * ^ * 4.*. MACHINERY NH BASE ' ». *» rr a-a , .• • •*taaaaa>> aaa>aa4a*a ‘■••aaaaaaa •a«*aaa aa*a« ataaaaa caaAAaaa* aa*a«» a • a • a a 9^ aaaaaa*A«a«aa BVOp VALVE. B-2 ASSD . ■ aaaaatcaaaa******* ■a • aaaa«*»a»**a«aa«■ •afaaa.AAaAiaa • a a NH ASSD » t>*. *r. 1 - t . raaa aY aa H >■• •aaaaaa aaaaaa ta*a>a«a> » aa • • a«aaa* > aa#< aaaaaaa aaa« aa«a*.aa««aaa'«*a'iaa*a aaa aaaaa**a«**aaaa«a*aaa*aaa* .•.V.LV,V.V.a ■ ■V V 4-^V^ -p. • i- -2 > V* ■ •- .■■ . *.• * •• • ’ I . f vriv^ ‘ . . r ,•■ .V.- 4 a <4 I'i aV • *'»V f X !•' 1 ■ •. ■?•* '*. V.V.' ,; V* ;*- J TOTAL VALUE . ’ ITOTAL ASSD . ( •. :• *.. :• . ’ ■ naaa aaa a* 9 9 • - 9 • 9 • 9 •!rtaaaa -a ••a*.. ..a a».a >«a I aaa*8aa«>aa«aaa 9 •• 9 • aa« *a| ' • T. ••■•.•% .• L .A /.< J__.J------1 i 1 i'ftns.s»___.._____..____^____ ^PJ .D<^toe-/ V^v.V 1 RA *:\.5Q . EA'dft ntO -----A. - ...... • . ..4____1.^------1___ L_?.&.v3 .vt_ZD. -I- l(\LotJ. vr Tko.%J____I. ^ A A N i .a. ^ la Ob to -E_. -L_. oT-^-'cs^ -I o)q4 xiXU£_. A__L__I__L ... I___.A. sL_55-lLla___ . «• ».A .■■■A i . • A . . .» .9 -9 .A.M a..« • .41k m U ..J ...----- -£ T n . JE c r3L LJjjtJ 2 \>j.-q]x «.A. ..A. . » A.~I ••• «AmA> . . ..A....A . .1 ____1...J.-.A... -•-----A _ o W »/#Cor.S«c2S ur- I ....... tio CiTf M % • # • • t I DIVISION YEAR -007 bKtv^iHL DIVISION AND COMBINATION OF NEW PROPERTY I. D.DIVISION « C60347 PAGE# 1 MUNIC CODE 73 date C 19 37bY tli; MUNICIPALITY ‘^roDo ORIGINAL ADDITION CODE AND NAME PROPERTY I. D. NO. S;.bair.V3ic:i of Lo:. £ I'orrxi 230117*'23 32 0055 BALANCE TO ORIGINAL AMT. COMMENTS NEW PROPERTY I. 0.ADDITION CODE LEVY PROJECT TOTAL ASSESS FT. r> >1 ■> < ‘:•> ucoi:•iol id TOTAL EACH LEVY AND VERIFY WITH ORIGINAL AMOUNTS v *- •«-< * ■ ;■ ■■■-:■' ...-r mSM RUN DATE :6^9f20QS 38 2311723320037 PROr AOOR 370 BIO ISLAND OWNER NAME GWENDOLYN S LARSON ETAL TAXPAYER GWENDOLYN S LARSON NAM&ADOR 11431 CHISHOLM CIRNE UNITS BLAINE MN SS449 38 2311723320044 PROPADDR 38 ADDRESSUNASSIONED OWNER NAME CHRISTINA BRUNTJEN TAXPAYER CHRISTINA BRUNTJEN NAME/ADDR IM3I FIVE HAWKS AVE4I0S PRIOR LAKE MN 35372 38 2311723320049 PROPADDR 4MBIO ISLAND OWNER NAME NANCY LEE FARNES TAXPAYER NANCY LEE FARNES NAME/ADDR 2710 FOXOATE DR MINNETONKA MN S530S 38 23I17233200S8 PROPADDR 380 BIO ISLAND OWNER NAME KATHERINE SCRIVER ETAL TAXPAYER JEANNETTE S BURCH NAME/ADDR BOX I CANNON FALLS MN 33009 38 2311723320063 PROPADDR 420 BIO ISLAND OWNERNAME MBFRUENARHFRUEN T/OCPAYER ORBQORY B OCONNOR NAME/ADDR I349UVINOSTON AVE9I07 WESTSTPAULMN 33118 38 2311723320070 PROPADDR 430 BIO ISLAND OWNERNAME OABRIELEJABBOUR TAXPAYER WOFMB4NETONKAINC NAME/ADDR 21 UNIVERSITY AVE N E MPLSMN 33413 ! r V- # ■. * .*•.* ** • ** * .•••*! i'ji'mi HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 2311723320039 PROP ADDR 330 BIG ISLAND OWNERNAME VINCENT MCCLELLAN TAJCPAYER VD4CENT MCCLELLAN NAME/ADDR 330 BIO ISLAND EXCELSIOR MN 53331 38 2311723320046 PROPADDR 460 BIO ISLAND OWNERNAME NANCY LEE FARNES TAXPAYER NANCY LEE FARNES NAME/ADDR 2710 FOXOATE DR MINNETONKA MN 33303 38 2311723320033 PROPADDR 400 BIG ISLAND OWNERNAME NANCYLORANRUDETAL TAXPAYER ROBERT EGRANRUD NAME/ADDR 1809 COLVIN AVE STPAULMN 33116 38 2311723320060 PROPAMJR 360 BIG ISLAND OWNERNAME TPEGAN&CAEOAN TAXPAYER THOMAS PEOANOHERYL A EOAN NAME/ADDR 1408 HOLDRIDGE CIR WAYZATAMN 33391 38 2311723320063 PROP ADDR 410 BIG ISLAND OWNERNAME RCHARDWFRUENETAL TAXPAYER GREGORY B OCONNOR NAME/ADDR 1349 UVINOSTON AVESTE 107 SAINT PAUL MN 33118 38 2311723320071 PROPADDR 440 BIG BLAND OWNERNAME PETER A THORKELSON TAXPAYER PETER A THORKELSON NAME/ADDR OO MAXINE B THORKELSON 7600 GOLDEN VALLEY RDIT209 GOLDEN VALLEY MN 33427 38 2311723320040 PROPADDR 340 BIG ISLAND OWNER NAME RICHARD G HANSON TAXPAYER RICHARD O HANSON NAME/ADDR 970 IRIS CIR EXCELSIOR MN SS33I 38 2311723320047 PROP ADDR 460 BIG ISLAND OWNERNAME NANCY LEE FARNES TAXPAYER NANCY LEE FARNES NAME/ADDR 2710 FOXGATE DR MINNETONKA MN 33305 38 2311723320057 PROP ADDR 390 BIG ISLAND OWNERNAME BONNIESMENIGO/ETALSBJ/LE TAXPAYER SUSAN BAILEY NAME/ADDR 2700 HILLDALE AVE N E ST ANTHONY MN 35418 38 2311723320061 PROPADDR 320 BIG ISLAND OWNER NAME BARBARA D GORMAN TRUSTEE TAXPAYER JOHN S DEAN NAME/ADDR 837 N 63RD ST WAUWATOSA Wl 53213 38 2311723320067 PROP ADDR 430 BIG ISLAND OWNERNAME TC LOVETT* R LLOVETT TAXPAYER TIMOTHY C* REBECCA L LOVETT NAME/ADDR 4793 SPRING CIR MINNETONKA MN 55343 PAGE: * wm .V- I c \ It Hi ri. i- I: n i'i Date Applkation Received: 6-22-05 Date Application Considered as Complete: 7-12-05 60-Day Review Period Expires: 9-10-05 CnUM/*^!i RirrxifsjQ AUG 8 2005 REQUEST FOR COUNCIL ACTION CITY OF OHOjmo '»(. > Date: August 4,2005 Item No.: ^ Department Approval:Administrator Approval: Name: Janice Gundlach^ Title: City Planner Agenda Seetion: Zoning Item Description: #05-3129, Ascent Investments, Inc. on behalf of Douglas Klint 1345 Rest Point Lane - Variances Zoning District: Lot Area: Lot Width: LR - IB, One Family Lakeshore Residential District ( I arce min.) 0.44 acres (18,994 s.f.) 54’ @ shoreline; 76’ @ 75’ setback (140’ required) List of Exhibits A -Notice of PC Action dated 7-19-05 B - Draft PC Minutes of 7-18-05 C-PC Memo and Exhibits of 7-14-05 AppUcMthn Summary: Applicant requests the following variances in order to construct a new residence or. an existing lot: 1. Lot area variance to permit construction of a new residence on an existing lot 0.44 acres in area udien 1.0 acres is normally required. 2. Lot width variance to permit construction of a new residence on an existing lot 54’ in width at the shoreline and 76’ in width at the 75’ setback when 140’ is normally required. 3. Side street setbadc variance to permit a setback of 23’ when 35’ is normally required and 3 ’ currently exists. naaniig Commission Recommendation The Planning Commission voted 6-1 to approve the lot area and width variances but to deny the side street setback variance based on the lot containing adequate buildable area within the required setbacks. The dissenting Commissioner felt the uniqueness of the amount of undeveloped right-of- way adjacent to the lot ]wovided for a hardship to approve some level of side street setback variance. Staff Rocommondation StafiTs recommendation is concurrent with the Planning Conunission recommendation noted above. No hardship inherent to the applicant’s property exists to warrant a side: tieet setback variance for a new home that could be re-configured to not require variances beyond lot area and lot width. The applicant has not been in touch with staff, nor has staff be able to reach the applicant, to determine whether the side street setback variance remains part of the request or whether the applicant will comply with the Planning Conunission recommendation. COUNCIL ACTION REQUESTED Direct staff to draft a resolution approving a iot area and lot width variance but denying the side street setback variance for property located at 1345 Rest Point Lane. Prior to Council approval of such a resolution the applicant must submit a revised plan including a grading and drainage plan for City Engineer review and iq)proval. pmi ■ r-. -? _v;r1_. >. -«V; jai ¥- ‘ ... i] y'■ > :y--.?vV-, ;a.^y% '':1m CITY OF ORONO 27S0 Kdlcy Parkwty P.O. Boi 66 Crystal Bay, MN 55323 (952) 249-4600 ZONING FILE: 05-3129 NOTICE OF PLANNING COMMISSION ACTION HATE OF NOTICE: July 19,2005 TO: Ascent Investments, Inc. Douglas Klint 29685 N 77^ Place Scottsdale, AZ 85262 COPIES:Blake Bichanich Blake & Associates 332 West Lake Street Orono, MN 55356 TYPE OF APPLICATION: Lot Area/Width, Side Street Setback Variances DATE OF MEETING: July 18,2005 Planniag Commissloa recommended as follows: To qiprove the lot area and lot width variances and to deny the side street setback variance. VOTE:FOR 1 AGAINST Applicant's next meeting is tentatively scheduled for: City Council - Monday, August 8,2005 pending direction from the applicant as to whether the side street setback variance wUl remain part of the appUcadon or whether the proposed home wiil be revised to meet setbacks; meetfaig starts at 7:00 p.m. If you desire certified copies of the official Planning Commission or Council minutes, they are available fiom Ae City Recorder after review and approval by the Planning Commission or Council. If you have questions, please call City Planner Jruiice Gundlach at 952-249-4623. SP MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday* July 18,2005 6:00 o'clock p.m. 10. 805-3129 ASCENT INVESTMENTS, INC., ON BEHALF OF DOUGLAS KLINT, 1345 REST POINT LANE, VARIANCE, 8:08 P.M. - 8:13 P.M. Kimberly Klint, Applicant, was present. Gundlach stated the applicant is requesting lot area, lot width, and a front yard setback variance to allow the construction of a new resident. Gundlach stated the lot is approximately one-half acre in size in a one acre zone and is 76 feet in v/idth at the 7S-foot setback. The side street setback variance is being requested to permit a front yard setback of 23 feet when 3S feet is normally required and three feet currently exists. Staff recommends approval of the request for the lot area and lot width variances, but recommends denial of the side street setback variance. Gundlach noted the existing residence does not meet the required setback but that there is adequate building area within the required setbacks to construct a reasonably sized residence but would require a redesign of the house. Mrs. Klint had nothing to add to Staffs report There were no public comments regarding this application. Rahn stated in his view there is an adequate building pad and that the lot is more suitable for a longer shaped house. Rahn stated there does not appear to be a hardship inherent with the land. Kempf stated he has seen more difficult building pads than this one and that some consideration should be given to a different design. Fritzler stated he would like to see the house be compliant with the setback. Kempf moved. Rake seconded, to recommend approval of a lot width and lot area variance and denial of a side street setback variance for Application 805-3129, Ascent Investments, Inc., on bchatf of Donglas and Kimberly Klint, 1345 Rest Point Lane. VOTE: Ayes 6, Nays 1, Bremer opposed. Bremer stated she is opposed because of the unique shape of the lot. PAGE 21 , i i i ! ! > ‘r ‘ I MS-3129 July It, 2005 Page I of 4 Date Application Received: 6-22-05 Date ApplicatioB Considered as Complete: 7-12-05 60-Day Review Period Eipira: 9-10-05 To: Chair Rahn and Planning Conunission Members Ron Moorse, City Administrator From: Janice Gundlach, City Planner^ Date: July 14,2005 Subject: OS-3129, Ascent Investments, Inc. on behalf of Douglas Klint, 1 345 Rest Point Lane, Lot Area/Width & Side Street Setback Variances - Public Hearing Zoning Dlitrict: Lot Area: Lot Width: LR- IB, One Family Lakeshore Residential District (I arce min.) 0.44 acres (18,994 s.f.) 54* @ shoreline; 76’ @ 75’ setback (140’ required) AppliaitUm Summary: Applicant requests the following variances in order to consbuct a new residence on an existing lot: 1. Lot area variance to permit construction of a new residence on an existing lot 0.44 acres in area when 1.0 acres is normally required. 2. Lot width variance to permit construction of a new residence on an existing lot 54’ in width at the shoreline and 76’ in width at the 75’ setback when 140’ is normally required. 3.__Side street setback variance to permit a setback of 23’ when 35’ is normally _____required and 3’ currently exists. SUiff Recommendation: Staff recommends qiproval of the lot area and width variances, however denial of the side street setback variance as the lot lends itself to a longer narrower house, and no viable hardship exists to support that variance. Pertinent Zoning Ordinance Sections Sec. 78-330. Area, height, lot width and yard requirements. (b) Lots. The fiallowing minimum requirements shal be observed: L«( Arm (acrv)LoCWkNli(ffMt)Front Yard (feet)Side Yard Adjacent to Another Lot (feet) Rear Yard (feet)SMt Yard Adjaccat to Street (feet) 1 14#33 10 30 35 (Code 1984, § 10.24(5)) List of Exhibits Exhibit A - Applications Exhibit B - Hanlship Documentation Form Exhibit C - Applicant’s Narrative Exhibit D - Existing Survey Exhibit E - Proposed Survey Exhibit F - Hankover Calculation Worksheets W0MI29 jHly lt,2(MS fage 2 of 4 Exhibit G - Proposed Elevations Exhibit H - Proposed Floor Plans Exhibit I - City Engineer Comments Exhibit J - Aerial Photograph Exhibit K - Property Owners List Exhibit L - Plat Map Background The owner’s architect submitted this iqiplication on behalf of the owner. The owner then met with staff briefly following submittal of the application for variances. The applicant was informed that staff would not support any variances to the side street lot line of Rest Point Lane, as adequate buildable area exists within the setbacks. The applicant has submitted a narrative to support his requested side street setback variance, attached as Exhibit C. LOT ANALYSIS WORKSHEET LR-IB Lot Area Lot Width Required 43,560 s.f. (1.0 acres)140 ’ Actual 18,994 s.f. (0.44 acres)54 ’ @ shoreline; 76’ @ 75’ setback LR-IB Required Existing Proposed Front N/A N/A N/A Rear 30’3.5’ cabin 28 ’ shed 30’ Left Side (Rest Point Lane)35’3’ house 13’ cabin 23’ Right Side 10’15’10’ Lakeshore 75’5’ boathouse 115 ’ -boathouse to be removed Avmge Lakeshore*~71 ’* i conforming mm m . . A conforming south, the average lakeshoie setback is defined by the setback of the one adjacent lakeahoie owner to the north. ■ } lib #05-3129 July 18,2005 Page 3 of 4 Total Lot Area Total Structural Coverage 18,994 s.f. (0.44 acres)Allowed: 2,849 s.f. (15%) Proposed: 2,577 s.f. (14%) Hardcover Calculations Hardcover Zone 0-75 75 - 250 Total Area in Zone 4,908 s.f. 14,086 s.f. Allowed Hardcover 0s.f (0%) 3,522 s.f. (25%) Existing Hardcover 120 s.f.* (2.5%) 1,901 s.f.* (13.5%) Proposed Hardcover 0 s.f. (0%) 3,520 s.f. (25%) After exclusion of fabric or plastic-lined landscape beds Lot Area/Width Variances The ^iicant has purchased an existing lot with an existing home with a lot area of 18,994 s.f. or 0.44 acres and wishes to construct a new residence. The LR - IB zoning district in which the property is located requires a 1 acre minimum, requiring a lot area variance. This property dso contains 54* of width at the shoreline and 76 ’ of width at the 75* setback when Ae LR - IB zoning district requires 140* of width at the shoreline and 75* setback. In order to construct a new residence on this existing lot, lot area and lot width variances must be granted as the lot doesn’t meet the 80% minimums allowing for administrative approval. Side Street Setback Variance The «q)plicant is also requesting a setback variance to the right-of-way known as Rest Point Lane. The Zoning Ordinance requires a 35* setback from side yards adjacent to a street, where the applicant has proposed a 23* setback. The applicant has proposed a house 50* in width angled to maximize views to the lake, which results in the 23* setback and thus the request for a variance. Hardship Statement Applicant has provided a brief hardship statement in Exhibit B, and should be asked for additional testimony regarding the application. Hardship Analysis In enntkkrtng nppIktMom for voHooce, the Plooolog Commiaho shall coosUer ike ^ect of Ike profoaei varkmee upon Ike keMi, sefety ami welfare of Hie commnnlly, exisHag omH oalk^ialeH Irgffle eomUHan s, t^l oaH air. Hanger qf /Ire, risk lo Ike public spfety, and ike ^eet on vahtes of property bt Ike snrronndlng area. The Planning Commlsslen skaU consider recommending approval fw variances from Ike literal previsions ^ Ike Zoning Code In Instances where tkeir strict enforcement wonid canse nndne hardship becanse of drcnnulances nnlqne to Ike IndMdnai property under consideration, and shall recommend approval only when It b demonstrated Hlat suck actions will be bt keeping wUk Ike spirit and Intent of Hie Orono Zoning Code. ' #05-3129 iaiy 10,2005 Page 4 of4 Staff finds a haidship to allow a house to be rebuilt on the existing lot. The lot is considered a legal lot of record and can therefore, be built on without meeting the one acre minimum requirement if a variance is granted. A house currently exists on the substandard area and width lot and has existed since 1955. The lot was also legally created in accordance with the platting process. The proposal for the new residence meets all Zoning Ordinance requirements, with the exception of the side street setback variance request The buildable area of the lot exceeds 5,000 s.f., v^ch will allow for a home to be constructed without variances other than area and width. The lot is also sewered. Staff would recommend approval of the lot area and lot width variance as the lot is a legal lot of record, has stood on its own since 1955, and the current applicant is not able to acquire additional land to become conforming without making the adjacent neighbors more non-conforming. However, staff would recommend denial of a 23* setback to Rest Point Lane. Although recognizing that the existing buildings do not meet a 35* setback, there is no hardship inherent to the land, from staffs perspective, to grant a variance. There is adequate buildable area to design a home of similar size with a 36* width within the buildable envelope. The lot lends itself to a longer, narrower home as opposed to the applicant*s propos^ fooq>rint, and many homes are built on the City*s lakeshore at a 30* width wit^ 50* lots. Further, with fewer than 40 lake access corridors on Orono*s 40 miles of Lake Minnetonka shoreline, the City*s long-term future interests are best served by denying encroachments that would tend to visually narrow these corridors. Issues for ConsMcration 1. Is there a hardship to allow a setback variance to Rest Point Lane? 2. Is there adequate buildable area within the required setbacks? 3. Is the desire to maximize views to the lake reason enough to allow a setback variance? 4. Does the amount of undeveloped right-of-way provide a hardship to grant a setback variance, even though adequate buildable area exists within the required setbacks? 5. Ate there any other issues or concerns vrith this application? Staff Rcconniendation Staff recommends umroval of the lot area and width variances; however denial of the side street setback variance as the lot lends itself to a longer narrower bouse, and the City*s gotais in maintaining open space, especially along lake access corridors, would be compromised if the variance was granted. . PROM : 1 w 4 # -im it FOX ND. :480Jfallt>4»jun. ^ €XKIJ Vf<u,jr9i I *»w City of Orono Variance Appiication StreeOkMrBu. 2750 KeHey Perkway Orono. MN SS3S6 IMain; 062-249^600 fair 052-2464616 MtMing AMftK . P O ftoM 66 Cryatal Bay. MN 553336066 Application# OB'p! ^ Data Racalvad: utyt^ Amount Paid; Stair: JMJc^ Faa: 5600 Renewal: 1300 Aflar-the-tact 11.200 Double Fee •* . * • TWa appicalion Ibnn must be eompletod In full. Appicant will be notified within 15 days as to the statue of the application. Inoompl#li applIcatlonB wMI not be placed on PlanoIiHI CofnmlBBlon AgBiMf*#- \3iiLf (ytOM. }^M ________ Property MentMIcation Number (PIN): ••O’l (Attach legal deioription to appllcalion if not Included on the survey.) Date Property Acquired (montlVyear): Preient uee of pr^i^: ■ Reiidentiai Zoning DietricI: J-K-I'R____ a Yes. I own the adjacent parcela. er _. ___ APPLIC Name ^ Phone (home) Addreeo Email !AI^ (Comi^to^ nar.M Phoned for each interested party) )»Z'ttfj— Fax: J^ST OWNER INFORMATION: (Complete legal names ir6 marital status reguired for each intereslad party) Name: ___________ Phone (home); Addreas: __ Email: __ Phone (work): l^ax; DESCRIPTION OF REQUEST: Eitlmated Projert Coat Oeicrtbe the requeat in detail (attach additional sheete if neceiaar]r) tnun^i ioln^ FROM : □□□□ Pi#^kppBcillon Fonn. compWid by a City Ptoniwr. CompMed Appta S«!2!2S1222?S^^ a 0 aa SSSi.2?S315wo — iSSSi^mpLim. hekidlno IMrtfootw MleuMem. Aho pmwld* on* eow 8.6 xil of SiSSSSissr^^ f|!r£rile!i7 •“ Intonnallon loquirad or wquortyl by ttio Pluil^ ?SSS5i'"h«2^^^ ntpoMWo iw oiikMN«na a oompM ow«e^ 8oalolat ttiort<MOOt mtrli Appicanrp 9iOMluw:AppleafiTt 8(0n«liir«; Cf/ai /A2yg- and aoraot to tNs appicallon and fUrthOf atas rooaonaM wSv^Hdo 5#pio5iSTy35t staff. omuNonlo. agaiilo. Coovnlotlon <*» Mamboti fcf pupoooo of mwodgillon aiidwfca<on>|f Wo tonoatt. OiwMr*t Signalura: OwMr*t SloMrtur*: Oats: Dads: ___________ sMigntdioyourMMt Ji r 1.; . >.• t /' •V n 0 % t} • • City of Orono Pre-Application Meeting Form (Thie form i» to be completed by a City Planner during your pre-appMcation meeting.*) 8(reer>totoMt; 27S0 KeHoy Parkwey Orono. MN 653S6 Mein: M2-24S-4800 Fax: 9S2-a4»4ei6 MtHtng AMfMK P.O. Box 66 Cryitai Bay. MN 56323^ par Office UaeQoivt City Plannar. Moating Oate/Tima: PC Data; What t9 010 putpoB9 of •pn-9pptie»tion mating? Pre-application maetinge aid the applicant in preparing a complete proposal, inform them of the proeadurea and raquiiamante of the city code, and identify policies or regulations that create opportunWas or problems for the proposal. PROPERTY INFORMATION: 8ita Addrass: Property IdantifioauemNu^ Zoning Distrtet Z.K t R Size of Property: . Fife DItCRIPTION OP REQUEST;, ^ef □ Average Setback It Sideward Setback □ Rear Yard Setback □ Hardcover □ Lot Coverage P Lot Area □ Front Yard Setback Ji Lot Width her Applicanrs Initials: HARDSHIP: Applicant has received the Hardship Documentation Form, understands it as it has been explained to them, and is aware that it must be completed and submitted in conjunction with their formal variance applica^. Li i j ^ OTHER INFORMATION: k ¥Jo. UkyUtUM . \0k4- *Pleaae note: Your variance dPg{|eation will NOT be accepted without a pre-application meeting during which this forpv^j^N^fcpr^d^d by City staff. i:Applbant Signature:Dale; 1 i/id uuii:^ sees sz szsiTscaev: ‘on wj : FROM : «> P- iP M 10. Page 2 of 3 2^!!j^lon M dollnid In Minnesota StatiMee, Section 116J.0S. 8ubd. 2. tahen In he^C|ny>itH this Chapter.* ______ 11. wlwre the efieelad perMNi'e land It localed.- -------------------------------------------------------------------------------------------------------------------------------------------------------------- •The Board or Council may permit ae a variance the temporary use of a one^rnlhf dialling as a tiMO-famlly dMeilIng.* The special conditions applying to the structure or land In question are peculiar to such property or imniedla^ ayInlnyirg^^^ ;fe /If "f ' r—----TT_ The conditions do not apply ganarally to other land or atruduras in the district in which said land la tqeatad.* ^ ' TIa < The granting of the appHeation Is necessary for tfie preservation and er\joyment of a substantial /■ui4Wi4» intialDropatty right of t^appHeant.- . li*- ^\#a v\*ii|jfr.»(3T SMta/miiiiiA bir utfdlk kto iittJ. J a'., U Tha granting of the proposed vartanca will not in any way impair health, safety, comfort, moraia. or in any other respect be contrary to the Intent of the Zoning •ftesia M n esq 4 (?• //i 11 . FROM : Page 3 of 3 12. -Th# o«nttnfl ^ •««»' vartanco will nrt ^ ^but ia ntotaaaiv to allovlala damonateaWt hanlahte w^anculty. JLAi n#w u#((r*k re4soiui6 ^ H< ^ku«i«4o% Shrui^yt^iSa^^ cannol fWly bo doao bod In tho abovo crHoria. descrita ^srisKsnr: '•‘irJ2g^: /P tM.t ti * I ’X' . -rw' 7 i 1 ■'ST^ % '4m V.f^6. V ' ■f, f; .Jt .'Jo ai p.: ■ p: ‘ '■'" w:-v- YV • ■ -.•• V - I : i \ o Hi T Prom OJ-KMCL-PH Tu« 12 }u1 ZOOS U:08M3 AM MST Pao« 2 of 1 Douglas E. Klint 29685 North 77“’ Place Scottsdale, Arizona 85262 (480) 361-1525 July 12.2005 TheCityofOrono Planning Conunission and City Counsel Orono, Minnesota Subject; Variance Applieutiun Tur 1345 Rest Point Kane Ucor Sir/Mudam, I recently submitted o vorionce application for property located at 1345 Rest Point I ^ne Ibr the purpose ol ’ tearing down llic existing home and building a new house on the properly. Although the properly consists of a double lot and is approximotcly 4.4 aerc.s, it is a narrow pic shaped lot and a variance is needed from the lot orcu and lot width zoning requirements in build a new house. I plan to move buck to Orono from Arizona to live in this house. My cliildren previously attended Orono schools and we love the community. Originally, 1 was going to remodel the existing house, but building a new house would he in the best interests of my family and the neigliburliood. In order for me to jiastify building a new house, the house needs to he ofa conventional width and design. I do not want to build, and it is not in die best interests of the neighborhood, to build u long, narrow, goofy looking house on this property. WiUi the existing 35 foot setback requirement from Rest Point Lane, I could only build a liou.se of the size ive need (which meets the stniciure coverage requirement) which is approximately 3U feet wide. The current Iiou.su is approximately 46 fuel wide. I hc hoase I would like to build is approximately 50 feel wide. ThcibrdshlD llie hardship tliat is unique to this property is it's narrow width and pie shape and the locaUon and direaion of the lot line adjacent to Rest Point l.anc. 'lids lot line is only approximately 5 feet from the asphalt roadway where Rest Point I .one uims into a fire lane near the lake, and approximately 15 feel near the rear of the property. As a result, the 35 fool .setback as measured from this lot line, coupled with die pic shape and narrowness of the property, constitutes a hardship unique to this property. The Best Interests of the Orono Comreuwitv llic Planning Conunission and the City Counsel have considerable di.screlioii in determining whether a hardship exists. 'Hie whole purpose of iiaving the Planning CX>nunission and the City Coun.sel review a j H ST 'TS Prom 03-NMCL-PR Tuo 12 9u1 ZOOS 11:01:43 m MST Pm« 3 of 3 variance application is lu allow the common sense and feimcss of elected officials (o prevail and allow their judgmenl to determine what is in the best interests of tliu Oixmo Community. As you make thi.s dciennlnation, please lake into consideration the following facts: • Ihc Orono communily and the neighborhood would bcnelit from having a new house of convcniionai width and design on thw propeny. A new house of conventional width and design would incicosc the lax base for this property and add to the value ofneigiiboring homes. • I understand the justifiealion for u .3.5 fool setback Irom a public road, but Rest Point Lane is a dead cik! street serving os access to only 2 properties at the end of thi.s road, t he lire lane is ununbic due to a willow tree blocking access to the lake. I would like to propo.se that my new building meet tlic 35 foot setback from the actual asphalt roadway. The spirit und intent of the set^k s maintained. I will change my access to this property from Rest Pont Lane to the ollcy behind lhi.s property and restore the area along Rc.si Point Une to its naiur.il condition and plant o row of evergreen trees along the roadway to further screen the house from the roadway. The public and the neighbors all benefit and the 35 foot setback is adhered to from the roadwiiy which is more than adequate under these circumstances. • 1^ proposed new house meets the slruclure coveruge requirement and hardcover requirements It ulso IS being moved further away from Re.sl Point I.anc tium the existing house. It is also being moved furiher Irom the lake Uiun the existing house. I am ulso reducing the ovcrull hardcover Uiui cuiTCiUly exists on this property and am removing a boat house that is only o few feet from the hike. II the City grants my variance request so I can build a house of conventional width and In concision, my sii^ request is that the Planning Commission und City Counsel takes oil these factor in c^sidcration uito find that a Irardship exists due to the property ’s narrow width, pic sliape and the toca ion and direction of the lot line adjacent to Rest Point Lane; and reaches a conclusion ihal a new house of mnventionul width and r'-sign that reduces exisUng haidcover, tliat is moved further from the e, that IK moved further from Rest Point Ijuic, that meets a 35 fool setback from the Rest Point l.nnc nmdway, that removes access to the property from Rest Point Une, that restores the natural beauty of the “"f i*w! lax base and neighboring property values is in the best interests of Ihc Orono community. Iliunk you very much for your consideration. Ver^ yours. mm ■/ -. m:y ;r-' mm L____ m .V‘1 •fr* ••• •. .•; .•^-' 'V; V* ■ . ! r :‘ -i-; .-'*=;•». lyL '. -' ..' ••' .= L :y>^ ^'vir^' !• •':. Hfite wMmm ■ V;y- ?■;.■— ,i- L ., V^3 I \ r SETBACK ZONE: (ORCLEONE) gMCTMQ HARDCOVER IN ZQME A. House 5HED ERCM-CUtATlOW WORKMEET_ 7S4Sir 2S0-50BT 500-11 Untfii X X 13J2. .1. ri B. Gsfao* C. OriwBway F. Q. RNeWng WMe KOlwr TOTAL HMtDCOVER M ZONE TOTAL yOPE RTY^[^<^ ZONE X X X X X X X X X ♦ B XlOO I'SO IWMPOmHARPOOWERiiZQME A. Houm _ — * F. ByPMIc O. fteWMno KCNtor X X X X X X X X X X X TOTM. HARDCOVBt M ZONE tow ^profbr^^B A‘\0& 83 o S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. SE. S.F. S.F. S.F. S.F. A S.F. B aF. aF. S.F. aF. aF. S.F. aF. >.F. aF. >.F. aF. S.F. aF. S.F. S.F. XlOO « aF. A ' aF. B 75 ___% L hardcover CAL^WORKSHEET 3.MJ ..RWZONE A. H oum S.F. ^5Hfcb - X X a Gmge a OriMMV X X X X X X F. UndKip#X X X O. Rxlilning MOlo CABIf/ TOTAL HARDCOVER M ZONE TOTAL PROPERTY AREA IN ZONE A _____________ ♦ B X100 s »IN ZONE A HOUW Unot* X X a a tkt mmv X X X X 6TD0PA. X X X X X Cl a n»INnlno WNto HOtMT X TOTAL HMSXXJVER M ZONE TOTAL PROPERTY^ig^gZONE ♦ B . O^ilP xlOO \ gg S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. rsd S.F. &F. ^0l _S.F. A S.F. B _______.%y I S.F. S.F. SJ=. ^o~7l S.F. 3£Ka S.F. S.F. 44 S.F. S.F. I& S.F. S.F.d : S.F. aF. S.F.n-'— S^. 1 SP. J5£0 S.F. A VI& V.v T ♦ i J J 5D:o I i 1 s 1;^ WMMMS9M£MMM§wA • 4 utt-4 fimmm ?’',4f- ■f'' •. ■ ■i ■M v:^ / /.vv;..- ••* '- /Vi \*- -A :^v ^ 'W -/ ■ ' : . ; > 4 f-C'8 '■■'.S."' • /• y' r ' / s mm. t ManatfrUit Ml Mfc tmA ukifai*iri»ft«k Ml. I ,*,u :& ■•■J Si 1 ••' • • •: A ♦-'i • I W3 /<■>, h' \ ^ .. Vk •• ; v«. ^ % n A--a> (f J Ns;& ■4»if W-’, tt ■'K ::^>:?^.y ■■■ •:...•;! !*;•’* * * .:.v.: -:rK . . '. i>;-v'.'■. :.-:y- • %a r =ifc ^ rt-|-tTk*lhilMlrtllir liiM [| ■'i. t' % ■4 %iui isuua isui la ouiicaifcuu Ruafenti miiic.KUiik oaioaoiaii BoncstfDO nosene Anderllk& Assodaces 2335 West Highway 36 • St Paul MN 55H3 Office: 65I-636-4600 ■ Fax: 651 636 I3H \wwwJxmestroo.com Cnginacrs ii ArcMtecu July 12.2003 Ml. Janice Oundlach Planner CityofOrono Peat Office Box 66 CiyMal Bay. MN 55323 1345 Reat Point Lane Pile No. 0001394)5000-0 Plat No. 05-3129 Dear Janice: F* * • i • We have reviewed the aurvey dated 7-12-05 fat the piopoaed improvenjenta to 1345 Reat Point Lane. The aite improvementa include the conatruction ofanewhome and aaspciated grading. We have the following conunenta with regarda to engineering nuttera; • ThepropoaedawaleahownnorthofthehomeiaahownatabouJaI5%gradendwillhavea hid> potential for eroaion. The awale ahould be immediately vegetated, with aod ia adequately ataked to protect againat eroaion while the root iya em geta eatabliabed. • A wall ia ahown near the weat coiner of the home. It appeara he grading around thia wall nMqr direct runoff onto the neighboring property. The grading p an ahould be reviaed ao that tlm awale containa all atorm water on the aubject property. Tl^ reviaion r.iay require the removal of the piopoaed wall. • The plana ahould be reviaed to include appropriate eroaion andlaedimento If you have any quectiona please call me at (651) 604-4863. Yours very truly. BOraSTROO. ROSENE. ANDERUK A ASSOCIATES. INC. Cc: Greg Oappa. City of Orono \ St. Paul. St Cloud aochener. MN • Milwaukee. Wl • tmrht •III*1 measures. i.' • ♦ Chicago. IL •. 4 m '^m 4:^:Ei'i Ti h I' -Wi ▼ f f V't’?\x- -‘.W vV* i_r*, "ii 1^ ♦ m \v' P ' i* L4i * k ^ ‘* '-■^ 4\ir-M ii\ ■ I 'Ifc 7'“/*4• •,r.'. ** ^5' .:,^-> ■:., i3r.'.“^» 'i-^i 'jj -w wv ■jU^^ if f ^ '1i ‘ \r HIfit • •• i, imy. * # <* •/.■>.*< • ; > '; 1 •• . •.. A. W'r. V t 1 A.'**» ^ i■ 1 '^-iV .1■^f.1. >y^'', - •i -■ jii l« '•*.. M ^ : -V n^ .:.>: QpVVJa ;»/' t" p.*#. j ?■ >■'Aj fed-" 3-^ m^ii ft'* T ■®5 r^: .m^ ‘'i F r;. v;r. RUN DATE; <01/2005 n 0711723320002 rROTADOR 1340 RESTPONNTU OWNBRNAMB JHHOUTMANftKJHOUTMAN TAXPAYER iHHOUTMANOkKJHOUTMAN NAME/AOM 1340 REST POINr LA MOUNDMN 55344 r;. *Ly.31 0711723! PROPADDR 1315 RESTPOMTLA OWNSRNAMB KJOROVERftSKOROVER TAXPAYER KEVM J GROVER AND NAMB/AOOR SUSAN K GROVER 1315 REST POINT LA MINNBTRBTAMN 55344 3S 0711723320034 PROPAOOR 4415 NORTH SHORE DR OWNER NAME RON J CHRISTENSEN ETAL TAXPAYER RON R SARAH CHRISTENSEN NAME/AOOR 4415 NORTH SHORE M MOUNDMN 55344 3S 0711723320041 PROPAOOR 1371 RESTPOINTLA OWNERNAME KENNETHWRRENEEGEOGERT TAXPAYER KENNETH WR RENEE OEOOERT NAMB/ADOR 1371 RESTPOINTLA MOUNDMN 55344 •w,t / 0 L CD HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 31 07II72332003S 34 0711723320039 FftO^AODR 1373 REST POINT RD PROPADOR 1350 REST POINT RO OWNERNAME J H HOUTMAN A K J HOUTMAN OWNER NAME LASGRABILL TAXPAYER JAMES HHOUTMAN TAXPAYER LARRY A SHARON CRABILL NAME/AOOR 1340 REST POINT U NAME/ADDR 1330 REST POINTED ORONOMN 55344 MOUNDMN S3364 31 07II7233200S3 34 0711723320054 PROPADOR 1325 RESTPOINTLA PROPADOR 1343 RESTPOINTLA OWNERNAME N C BLOMS A G L BIOMS OWNER NAME ASCENT INVESTMENT INC TAXPAYER GERALD A NANCY BLOMS TAXPAYER ASCENT INVESTMENT INC NAME/AODR 4195 FOREST LAKE DR NAME/ADDR 29645 N 77TH PL MOUNDMN 55364 SCOTTSDALE AZ 45262 34 0711723320054 34 0711723320059 PROPADOR 4705 NORTH SHORE DR PROPADOR 4695 NORTH SHORE OR OWNERNAME AHATKRASCHER OWNER NAME STEPHEN C A JOANNE A WARD TAXPAYER ANDREW H A TRACY K RASCHER TAXPAYER STEPHEN C WARD NAME/ADDR 4705 NORTH SHORE DR NAME/ADDR 4695 NORTH SHORE OR MOUNDMN 55344 MOUNDMN 55364 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF IhrORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY TAXPAYER SE^VIO^ DEPARTMpNTVTO XHE B1 OF MY KNOWLEDGE AND BELIEF. DAT R SERVICE DEI e6/^Y05i FACE: I Hrnnt‘pin Hennepin County ^ ^ ^ T^payer Services Department ■V yH'. ■; '■/y^'k-r '•'4 ■ v;.£• Pmcel Intbmmtfon ID 0711723320094 ? -A ‘ri;N0UM NumbM' 1349 StTMt Nam« HIST POINT LA Thl$ ($ not * l9g»lly r90cfd9d map. H npnsmitt a eompIMIcn of Information ' and data from Qty, Cootdy, and Stata road authorltlaa and othar aourcaa. |k- DiU Appllcalloi Rteccivcd: 06-22-05 Ditc Applkatloii Conkkrcd u Complete: 06-29^15 60-Day Review Period Bipiret: 09-29-05 AUG 8 2005 Cl r Y OH OHONO REQUEST FOR COUNCIL ACTION Date: August 1,2005 ^ Item No. ' Dc|MirtaieRt Approval; Naiae: Melanie Qutis Administrator Approval:Agenda Section: Title: City Planner Item Description: #05-3 130 -Stephen A Jean Skoro - 2428 Casco Point Rd - Variance - Resolution Zoning District: Lot Area: Ut Width: LR-IC, One Family Lakeshore Residential, 0.S acrc/100’ 0.32 acre (14,000 s.f.) 100’ List of Exhibits: Exhibit A - Resolution per Planning Commission recommendation Exhibit B - PC Action Notice dated 07-20-05 Exhibit C- Draft PC Minutes of 07-18-05 Exhibit D - PC Memo & Exhibits of 07-12-05 Application Summary: The applicants would like to construct a 242 s.f. screen porch addition to their existing home. The existing hardcover level exceeds the level allowed within the 250 ’ - 500 ’ zone therefore a variance review is required. A 250 ’ - 500 ’ zone hardcover variance is requested in order to allow 38.9% hardcover where 30% is normally allowed and 40.2% currently exists. Planning Commission Recommendation On July 18,2005, Planning Commission voted 5 - 2 to recommend an ’roval of the 250 ’ - 500 ’ zone hardcover variance. The minority voters indicated they would like to see further hardcover reductions and removal of the retaining wall by the garage. Planning Staff Recommendation Approval of the variances per the attached Resolution, per the Planning Conunission reconunendation. COUNOL ACTION REQUESTED Adopt or amend the attached Resolution. r I!( : I * '! I A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-1288(B) nLE NO. 05-3130 WHEREAS, Stephen J. Skoro and Jean K. Skoro, husband and wife (hereinafter “the applicants’^ are the owners of the property located at 2428 Casco Point Road within the City of Orono (hereinafter the “City”) and legally described as follows: Lot 24, the North Half of Lot 23, and the South Half of Lot 25, Block 2. Navarre, 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 78-1288 (B) for a 250* - 500’ zone hardcover variance to allow 38.9% hardcover where 30% is normally allowed and 40.2% currently exists in order to construct a 242 s.f screen porch.. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. 2. This application was reviewed as Zoning File 05-3130. The property is located in the LR-IC, One Family Lakeshorc Zoning District which requires a minimum lot area of 0.5 acre and a minimum lot width of 100’. 3.The Planning Commission reviewed this application at a public hearing held on July 18, 2005 and on a vote of 5 - 2 reconunended approval of a hardcover variance based on the following findings: a. The af^licants’ property has 14,000 s.f. or 0.32 acre in area and lOO’ of width. Page 1 ofS Jt 1 » 4. 5. b. No additional land is available for acquisition by the applicants to make the property conforming in area. c. The applicants are proposing to add a covered entry porch within the allowed setbacks. d. Due to the hardcover levels on the applicants’ property any hardcover changes require variances. e. The applicants’ are proposing to remove portions of driveway hardcover in conjunction with hardcover variance approvals. Additional hardcover removals bring the 75’ - 250’ hardcover below 38.9% would reduce the functionality of the existing driveway system. 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 heato, 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 tlie 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 78-1288 Subdivision B to allow 38.9% hardcover where 30% is normally allowed in order to construct a 242 s.f. screen porch, subject to the following conditions; I. 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 Page 2 of S ----ttoAh, i 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 250’ - 500’ zone shall not increase above the level of 5,435 s.f. or 38.9%. Hardcover in the 500’ - 1000’ zone shall be limited to 12 s.f. or 35% 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 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 screen porch. 5. Authoritin granted by this resolution run with the property not with the ^^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 will expire on that date (August 8,2006). 6. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants’ heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 8'" day of August, 2005. Page 3 of 5 J Linda S. Vee, City Cleric Barbara A. Peterson. Mayor Property Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of ^ 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of , 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 in Page 4 of 5 i I: MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, July 18,2005 6:00 o’clock p.m. Skoro stated he is willing to reduce the hardcover as much as possible. Skoro indicated there are a couple of concrete pads that could also be removed but that he is unable to commit at this time to a certain percentage. Skoro stated they would like to retain some of the driveway to help accommodate his elderly parents. Kcnapf moved, Wlnkey seconded, to recommend approval of Application #05-3130, Stephen and Jean Skoro, granting of a 250*-500* zone hardcover variance to allow 38.9 percent hardcover where 40.2 percent currently exists in order to construct a 242 square foot screen porch, subject to the removal of the sandbox and a portion of the driveway located near the garage. Jurgens stated he would like the retaining wall also removed. Skoro indicated there would be considerable expense associated with removing the retaining wall. Kempf indicated he would like to leave his motion as stated. VOTE: Ayes 5, Nays 2, Jurgens and Frltzler Opposed. Fritzler stated he would like to see the retaining wall also removed. Mrs. Skoro pointed out there is a signiflcant drop by the retaining wall. Fritzler stated he does not want to see the hardcover reappear on this lot in the future. Jurgens stated he would like to see further reductions in hardcover. (Recess taken at 8:22 p.m. - 8:30 p.m.) NORT» UHD177 GLENDALE DRIVE, PRELIMIN^Y FLAT, 8:30 P.M. - 9:^PJVf. 131 STEVE BOHL^F BOHLAND DEVEL^MENT, INC., 190 WILJMW DRIVE onberg, Gronben[(& Associates, appeared on^half of the Applicant. n stated the aponcants arc in the process o^^rchasing a portion of the Giuvin Presbyterian Chitfch roperty at 177 G^dale Drive and a portion/f the Keith Williamson propofe at 190 Willow Dri North. The apphcants are proposing a plat/to create nine new 1/3-acre smgle-family residential gilding lots served by a new cul-de-sac road aoressing to Willow Drive directly across from Elm Lany Gaffron PAGE 23 ■ •i!? i vVaI \ R^HilUrD FILEWS-3130 12 July 2005 Page 1 of 3 Date Applkaltoa Received: 06-22mS Date Applicatiofi ConiMered as Complete: Od'29-OS 60-Day Review Period Espircs: 09-29-05 To:Chair Rahn and Planning Commission Members Ron Moorse, City Administrator From: Date: Melanie Curtis, City Planner July 12,2005 Subject:OS-31 30, Stephen & Jean Skoro, 2428 Casco Point Road Hardcover Variance Public Hearing Zoning District: Lot Area: Lot Width: LR-lCt One Family Lakesbore Residential, 0.5 acrc/100* 0.32 acre (14,000 s.f.) 100’ ApptkaUoH SunuMary: The applicants are requesting a 250’ - 500’ zone hardcover variance to allow 38.9% hardcover where 30% is normally allowed and 40.2% currently exists in order to construct a 242 s.f. screen porch.____________________________ SU^ RtcomimndaHon: Planning Department Staff recommends approval of the hardcover variance in conjunction with hardcover removals should the Planning Commission deem additional removals appropriate.___________________________ Pertinent Zoning Ordinance Sections Sec. 78-1288. Hard cover limitations. (b) Between 75 feet and 250 feet of the OHWL, there shall be no greater than 25 percent hard cover. Between 250 feet and 500 feet of the OHWL there shall be no greater than 30 percent hardcover. Between 500 feet and 1,000 feet of the OHWL there shall be no greater than 35 percent hardcover. List of Exhibits A. Application B. Hardship Documentation Form C. Existing ft Proposed Survey/Site Plan D. Proposed Plans and Elevations E. Submitted Hardcover Calculations F. Property Owners List O. Plat Map H a FILE #05-3130 12 July 2005 Pago 2 0(3 BackgroMd The applicants are requesting a 250’ - 500’ zone hardcover variance in order to construct a small screen porch addition to their existing home. The existing hardcover level exceeds the level allowed within the 250’ - 500’ zone therefore a variance review is required. LOT ANALYSIS WORSHEET Lot AreaAYidth! LR-IC Lot Area Lot Width Required 21,780 s.f. (0.5 acre)100’ Actual 14,000 s.f. (0.32 acre)100’ LR-IC Required Existiai Proposed Front 30’14.9’ (house)35 ’ (porch) Rear 30’1 l.S’ (detached garage)80’ (porch) North Side 10’42.8 ’ (house)No Change South Side 10’22.9 ’ (house)10.9’ (porch) Stnictvnil Coverase^ Total Lot Area Total Structural Coverage 14,000 s.f. (0.32 acre)Allowed: 2,100 s.f. (15%) Proposed: 2,004 s.f. (14.3 %) Hardcover Cakulatlons; Hardcover Zone Total Area In Zone Allowed Hardcover Existing Hardcover Proposed Hardcover 250 - 500 13,965 s.f.4,189 s.f (30%) 5,614 s.f* (40.2%) 5,435 s.f (38.9%) SOO-IOOO 35 s.f.12s.f (35%) 7 s.f* (20%) 7s.f (20%) After exclusion of fabric or plastic-lined landscape beds Hardcover Variaocc llie applicants ’ property is 14,000 s.f. in area, 40% of which is covered with home, garage, driveway arid other miscellaneous hardcover. In order to construct the screen porch addition the hardcover variance review must be conducted. There is approximately 3,000 s.f. of driveway and parking areas on the property, and approximately 200 s.f of concrete sidewalk. Additionally, the applicants have approximately 500 s.f. of decorative stone walls on the property. In order to account for the additional hardcover of the screen porch, the applicants are proposing to remove a 395 s.f. portion of the driveway to account for tte 242 s.f. screen porch addition. Ik FILE MS-3130 12 July 2005 Page3o(3 Hardihlp Statement Applicant has completed the Hardship Documentation Fonn attached as Exhibit B, and should be asked for additional testimony regarding the application. Haitiship Analysis Im comtkMng •ppUcmthtu for vtrirmce, lie PtoHHlng CommlaloH shall consider the effect of the proposed varkmee upon the heoMt, safetf and we^are of the commutby, existing and antle^ted traffic conditions, light emd air, danger of fire, risk to the pnbllc safety, and the effect on values of property In die surrounding area. The Manning Commission shall consider recommending approval for variances from the lUerul provtshns of the Zoning Code In Instances where their strict enforcement would cause undue hardship hecause pf elrcumstunces unique to the Individual property under consideration, and shall recommend approval only when It Is demonstrated that such actions will be In keeping with the spMl and Intent,ef the Orono Zoning Code. Staff finds that n^le the qyplicants are proposing a net decrease of 163 s.f. hardcover, due to the existing level of hardcover additional removals may be warranted. The addition of the screen porch does not increase the property structural coverage above the allowed 15%, however the Planning Commission should discuss an appropriate hardcover level. Issncs for ConsMcration Are there any other issues or concerns with this application? Staff Recommendation Planning Department Staff recommends iqiproval of the hardcover variance in coiyunction with hardcover removals should die Planning Commission deem additional removals appropriate. mm - 'r- :r ;v;‘ a- 3 J muM A City of Orono Variance Appiication Street Addnaa: 2750 Kelley Parkway Orono. MN 5S3S6 Application# _ Dale Received. 1'2^'Zd 04f I -1 Main: 952-249-4600 fax: 952-249^16 Mafflng Addreaa: P.O. Box 66 Crystal Bay. MN 55323-0066 Amount Paid: nfPM. Staff: lACi Fee:$600 Renewal: $300 After-the-fact: $1.200 Double Fee This application form must be compieled in full. 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: Mta -yr. Property Identification Number (PIN): _____________________________ (Attach legal description to application if not included on the survey.) Date Property Acquired (month/year): h/n □ Yes, i own the adjacent parcels. Present use of property: O Residential ^ □ Other _______________________ Zoning District: _________________ APPLICANT INFORMATION: (Completo legal names and marital status required for each interested party) Phone (home): ________Phono (work): v.5':2 _ Address: ryr. iSt>_______________City: uUt/TArPt______Zip: Email: . eiMuM . _______Fax: OVVNER INFORMATION: (Complete legal names and marital status required for each interested party) Name: AA-dntp _________ Phone (home): Address: Email: Phone (work): ______City: Fax: Zip: OE8CRIPTION OF REQUEST: Estimated Project Cost: $ Describe the request In detaH (attach additional sheets if necessary): ______________________ Avr> pyiPOd "To .-dtTtP= ___________ AX/ .-itjeus*^ A a PT> W AF>r? C?AtJ£TP* REQUIRED SUBMITTALS: All of the folowing information must be submitted by the application deadline date in order for your application to be processed. O' Pra>Application Meetirtg Form, completed by a City Planner. bT Completed Application Form f/ Completed Hardship Documentation Form ET' Certified Property Owners List - owners within 150* of the subject property, labels and plat map. List, labe's and map may be obtained from Hennepin County Department of Finance, Government Center, A-603 300 South 6** Street, Minneapolis, telephone 612-348-5910 O' Original Certificate of Survey (signed by a licensed surveyor), meeting alt the requirements listed within this packet, including hardcover calculations. Also provide one copy 8.5 ” x 11” or 11”x 17”forreprtxiuction. 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” or 11” X ir for reproduction. . . 0^ Sketches or plans of floor and elevation views (provide one copy 8.5 ” x11"orH”x17 ”). I □ Addtional 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 additionai 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 altemative but to reject it until it is complete or to recommend the request for denial of the request rooardlMS of its potential merit Applicant ’s Signature: Applicant ’s Signature: <5 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 /or purposes of investigation a^^ verification of this request. Owner ’s Signature: Owner ’s Signature: Date: C:> /b Date: Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetirrgs are normally held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Conunission and Council. If an appNrant is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant and advise the City Planner assigned to your project. O :ni < j f.. Steve and Jean Skoro 2428 Casco Pt. Rd. Wayzata, MN 55391 (952) 471-0010 HARDSHIP DOCUMENTATION FORM Page 1 of 3 This form is a required submittai for ALL variance appiications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statue Section 394.27, Subdivision 7 requires that a hardship be demonstrated in order for a variance to bo granted. The hardship must bo unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid hardships. In order for an application to bo heard by the Planning Commission and City Council a hardship having merit must bo 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 The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls.” Ne-leel ’reason able nae' vrnulrl Inrlnrie a ecreew porch. 2.The plight of the landowner is due to circumstances unique to his property not created by the landowner.” We do not live on the lakeshore. nor dr> wo ah h.n. yof. ve 3, f—^ affected by reS-trlctive har dcover requirements.Our property the far limits of the 250' - 500»zone an;" extends into the 500*-1000' zone. -- - - "The variance, if granted, will not alter the essential character of the locality.” The adrttttnn would mnatcfonf. fho the gxistino structure. The addition ran be hy nn«» (.Janet Roberts) and she has expeessed approvaiof the projtanf.. 4.Economic considerations alone shall not constitute an undue hardship If reasonable use for the property exists under the terms of the Zoning Chapter.” that the porch addition is necessary to the comfort and enjoyment of our property. iifirtiidfiiilti 5. 6. 7. 8. 9. Page 2 of 3 "Undue hardship also includes, but is not limited to. inadequate access to direct sunlight for soiar energy systems. Variances shaH be granted for earth sheltered construction as defined in Minnesota Statutes. Section 116J.06, Subd. 2, when in harmony with this Chapter." ------------------------»/a--------------------------------------------------------------- The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under fits Chapter for property in the zone where the affected person's land is located." The addition is an extension ot single family living apan«». We assume that zoning permite such use._ _ _ _ _ The Board or Council may permit as a variance the temporary use of a one*family dwelling as a two>fomiiy dwelling." _______________n/a______________________ "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." "The conditions do not apply generally to other land or structures in the district in which said land is located." Bart of our property axfcends infco a znno whrnh up would allow such an addition wifchouh varianro._ _ _ _ _ 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the appNcant." We believe this to be true._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 11. The granting of the proposed variance will not in any way impair health, safety, oomfW, morals, or in any other respect be contrary to the intent of the Zoning Code. It, will lilfMllMSlI ti III Page 3 of3 12. The granting of such variance will not merely senre as a convenience to the applicant, but is necessary to alleviate demonstrabie hardship or difficulty.'' JiB. fffftl t.hat Mft. are unfairly rpntrirhed hy zoning requirements. 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): we feel It ia reaeonable to grant this variance and alloy the project.to proceed. Our proposal constitutes a net reduction in hardcover and represents our best effort to comply with zonino requirements. - - - - -—- - - - - - - s' ' . ■ ‘I* ■ > '■« V-.' 1^ Arri'ie Tulir i err ----- BdHii&irC' { CASCO POINT ROAD OIo» l' ,rr * i t ' 4 > : ^ V -V . c t ,• ^W' -^7-. «&. ~ I ■ Ilfch iJ II mrnmmmmto .^•-.:-7-S.- /•• ., ;7^• v\.'7;. 7':;.:-- .:-viV^ •;-rv -. V i: .' •. ••■•'•’’•• •:rSi* RH » m» »4T%- ml .u t%Cj HARDCOVER CALCULATION WORKS SETBACK ZONE: (CIRCLBONE) EXISTING HARDCOVER IN ZONE A. House 0-75' X 75-250* Ufiflh Width X X X B. Oarage • •9 • * C. Onvewiy to.J X X D. Skkwdk X X B. Palio/Deck • Mm • • • •• X X X X X O. Other ST#mCmts At, jOf^C MMtU TOTAL HARDCOVER W ZONE TOTAL PROPERTY AREA IN ZONE A + B XlOO - PRQPQSgP HARDCOVER IN ZONE’ A. House X Utigdi Width X X X B. Otrsfe C. Drivewiy D. Skfewalk E PtUo/Dock X X X X fc-zi -«>r •MUTsZ3-2r, Bloch < X X X X 0. Other 500-1000* 131 I_____SF.-Mtf05£ ^71 1^3 3^3 i 4<^S' 5614 20 4 241 -16 -10 ♦ B X100 - : ■ '.y ■k' “I JL e“!l I I I S.F. -54a /D BtfK S.F. S.F. S.F.-&4»4M;£ QC Di—-s.F.^coNcmerS S.F.•CO^^C, WAL.H S.F. S.F.-CONC, 9W/r S.F. - wiHooyj SF-v>t«tvS S.F -Fire Rii-Mr S.F. -VAltlOUS coMCiiffre S.F.-WAU5 S.F. A S.F. B % S.F. S.F. S.F. S.F. SJ. ORlvtiMC^ ® ” REMpvecS.P. • • S.F. S.F. S.F.-P roPOSCD 9oHcn c F -COWCRCTE RE mowCOS.F. S.F.- SAHO 6^x ftCMoveo S.F. tXtSTlHa HAROeevCIS TOTAL HARDCOVER INZONE :56l4-4Z| (nMOcouM KMWtt)__£43£_ S F. - A TOTAL PROPERTY AREA IN ZONE 4^161 (pRd^MCO PoAcM) SJ. B P f t i: ••• » • • • •• • s • V # HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) EXISTING HARDCOVER IN ZONE A. House 0-75' X Lefiftf) X X X B. Garage C. Driveway X X O. Sidewalk X E. Patio/Deck F. Landscape Underlain By Plastic Or Fabric X X X 0. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A + B PROPOSED HARDCOVER IN ZONE* A. House ______ X Unglh X X X B. Oirage C. Driveway X X D. Sidewalk X X E. Patio/Deck X X F. Liuidsetpe Underitin By Plastic Or Fabric X X X 0. Other •••■• •TOTAL HARDCOVER IN20NE TOTAL PROPERTY AREA IN ZONE A _ _ + B 75-250'250-500' <^0-100^ - S.F. WkUh X 100 Width X 100 • * % 151 1 S.F. S.F. S.F. S.F. S.F. ST.-&R4UCL S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F.-U/AUL S.F. A S.F. B % S.F. S.F. S.F. S.F. S.F. S.F. S.P; S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. % A B RUN DATE :SW2005 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 31 2011723120011 ROPADDR 2413CARMANST WNERNAME QHLAUERURSPlAUOt AXFAYER QUENTWHLAUERD AME/ADDR 2413 CARMAN ST WAYZATAMN 55391 38 2011723120012 PROPADDR 2431 CARMAN8T OWNERNAME RAAUROAHLETALW/LEST TAXPAYER RICKY ALLEN AUROAHL NAME/ADOR 2431 CARMAN ST WAYZATAMN 55391 38 2011723120013 PROP ADDR 2443 CARMAN ST OWNERNAME D H SERNA A D A SERNA TAXPAYER DANIELLE HENELY SERNA NAME/AODR 2443 CARMAN ST Vk»A »ZATAMN 55391 38 2011723120014 ROPADDR 2447 CARMAN ST WNERNAME EU-TWOLLC AXPAYER EU-TWO LLC AME/ADDR 0066 SHINGLE CREEK PKWY 183 BROOKLYN CENTER MN 55430 38 2011723120015 PROP ADDR 2455 CARMAN ST OWNERNAME J E SNELL AC ESNEILTRSTES TAXPAYER JOHN E A CLARA E SNELL NAME/ADDR 601 WOOSTER ST LODIOH 44254 38 2011723120020 PROP ADDR 2474 CASCO POINT RD OWNERNAME LYLE A BUERKLE ETAL TAXPAYER LYLE A BUERKLE NAME/ADDR 2474 CASCO POINT RD WAYZATAMN 55391 38 2011723120021 ROPADDR 2454 CASCOPOINTRD •WNERNAME JANETEROBERTS AXPAYER JANETEROBERTS AME/ADDR 2454 CASCO POINT RD WAYZATAMN 55391 38 2011723120022 PROPADDR 2428 CASCOPOINTRD OWNERNAME SPJSKORO TAXPAYER STEPHEN JJL JEAN KSKORO NAME/ADDR 2428 CASCO PT RD WAYZATAMN 55391 38 2011723120023 PROPADDR 2408 CASCOPOINTRD OWNERNAME KIMBERLY ANN HANSON TAXPAYER KIMBERLY ANN HANSON NAME/ADDR 2408 CASCO POINT RD WAYZATAMN 55391 38 2011723120024 ROPADDR 2400 CASCOPOINTRD WNERNAME BRUCEKRABAOO AXPAYER BRUCEKRABAOO AME/ADDR 2033 COMMERCE BLVD MOUND MN 55364 38 2011723210028 PROPADDR 3605 SHORELINE DR OWNERNAME N W BELL TELEPHONE CO TAXPAYER QWEST CORPORATION NAME/ADDR ATTN PROPERTY TAX 1801 CALffORNU ST 82500 DENVERCO 80202 1 CERTIFY THATTHE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF IFTORMATION AS IT APPEARS THIS DATE ON T1 OF THE HENNEPIN COUNTY TAXPAYER SER^ OFMY KNOWLEDGE AND BELIEF. ^ DATF PAGE: 1 mi mm M(‘fEl ,iv.- Hennepin County Taxpayer Services Department 132 W j \ ’^'A 0 ^#• • V 50 ,« •/ /» JT^j 50 CO ------------J,-----------------------SH0R ‘ /' ,> • •''A •• •'; .■‘ '■ . ,,' ■ : :. ;;*•■. -if >■■• f -- ' ^ ■*‘i- • •* • i\i * ■ '^t ^ (24) <' 140 _ 7W "V ^ 8 1 i\ 140 \so1! ; ' ■ ' '•v^* \ (11) S 25 ■; 140 _8 3 8 140^ . 1 140 :n o 24 j o« (22) i (12) 'C.®lii ^5,8 iC ^40 i"^ 140 W ^ f V ^ CO CO rsei ■N—“W^4 g‘. ■<40 I 18 \ (19) 140 K • 8 • <25 1 00 f59j CNJ CO CM CO (^) C\J CO Intbnmtton 4.rc#l 10 2011723120022 ; I Roiim Number 2428 StTMt iiaiiM CASCO POINT RD ihi$ l$nol» ItgtHymofdtdmap. Itnpmmtst eompiMion ottMomMon •ndtktalinmafy, Coun(y,andSM»/v»dtulhorttb$andotfmsoufC0$. ;V. v;*^ r Dale Appikatioa Received: 06-22-0S Dale AppHcalkM Coatidcred as Complete: 06-29-05 60-Day Review Period Eipires: OS-29-05 AUG 6 2005 CM Y UF ORONO REQUEST FOR COUNCIL ACTION Date: August 2,2005 Item No. /O DcpartncRt Approval: Name: Melanie Curtis Administrator Approval:Agenda Section: Title: City Planner Item Description: tl05-3133 - Bruce and Elizabeth Nusbaum - 3480 North Shore Dr - Variances & CUP Zoning District: Lot Area: Lot Width: LR-IC, One Family Lakeshore Residential, 0.5 acre/100* 0.22 acre (9,568 s.f.) 50’ Listof Eihibits: Exhibit A - Resolution per Council Action Exhibit B • Council Action Notice dated 07-27-05 Planning Commission Recommendation On July 18, Planning Commission voted 6 - 1 to recommend approval of the CUP and variances as follows: 1. A rear yard setback variance to allow the detached garage to be closer to the street than 30’ as required stipulating that it be located to provide a minimum of 20* of driveway pavement between the edge of Birch Lane and the garage door. 2. A 10’ side setback variance for a I'A story detached garage with a maximum footprint of 440 s.f. -OR- a 5’ side setback for a single story (maximum 12’ in height) detached garage with a maximum footprint of 440 s.f.; and 3. Hardcover variances in order to support the new garage and driveway construction. CottRcil Action 07-2S4IS This application was approved at the July 25“' Council meeting a 1.5 story, 22’ x 22’ garage approval at a setback of 10’ from the side lot line. Staff has drafted a Resolution based on the City Council ’s q>proval8. The aiqilicants have provided a revised plan. Planning Staff Recommendation Approval of the variances per the attached Resolution. COUNCIL ACTION REQUESTED Adopt or amend the attached Resolution. rnmmmmm PlwSiiil I.J 4 A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 78-3S0(B), 78-1288<B), 78-1403,78-1431(1) AND 78-1439 AND A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 78-1431 FILE NO. 05-3133 WHEREAS, Bruce A. Nusbaum and Elizabeth Nusbaum, husband and wife (hereinafter “the applicants ”) are the owners of the property located at 3480 North Shore Drive within the City of Orono (hereinafter the “City”) and legally described as follows: Lot 2, Block 3, Baldur Park, except road, Hennepin County, Minnesota (hereinafter the “property”); and WHEREAS, the applicants have made application to the City of Orono for variances and a conditional use permit to Orono Municipal Zoning Code Sections 78- 350(B), 78-1288 (B), 78-1403, 78-1431 and Section 78-1439 to allow the detached gmuge to be replaced and relocated which requires a hardcover variance for the 7S’-2S0* zone and the 250’ - 500’ zone; a side yard setback variance; a rear yard setback variance; a structural coverage variance; and a conditional use permit to allow an accessory building on a through lot. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Miimesota: FINDINGS 1. This qiplication was reviewed as Zoning File U05~3113. 2.The property is located in the LR - 1C, One Family Lakeshorc Residential Distri..t, which requires a minimum lot area of Yi acres and a minimum lot width of 100’. The applicants ’ property is 0.22 acres in total area and has 50’ in width. Page 1 of 6 ■« ■» 3. 5. 6. The Planning Commission reviewed this application at a public hearing held on July 18, 2005 and recommended approval of variances and a conditional use permit based on the following findings: a. The applicants’ home was rebuilt in 1999 and variances to hardcover requirements and structural coverage limit were granted at that time. Additionally, the Council allowed the applicants to keep the existing detached garage with the understanding that at such time when the stormwater issues were resolved with respect to Birch Lane the applicants would q>proach the City for approvals to build a new detached garage. b. The Birch Lane stormwater management project has been finished. c. The applicants* property has two road frontages on North Shore Drive and Birch Lane causing it to be considered a through lot. d. The existing detached garage lies within the required 10 ’ side setback and within the required 30 ’rear street setback. The Planning Commission recommended a minimum 20 ’ driveway from the edge of the paved road to allow for vehicles parked in the driveway. e. There is no excess hardcover to be removed from the site without compromising functionality. The Council finds that a 1.5 story detached 22 ’x 22 ’ garage is appropriate for the site as long as it meets a 10 ’ side setback to maintain open space in the neighborhood. The City Council has considered this application including the findings and recommendation of the Planning Conunission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variance 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 Page 2 of 6 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 C(^e 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 and conditional use permit to Orono Municipal Zoning Code Sections 78-282, 78-1288 and Section 78-418 (16) for a structural coverage variance, hardcover variances for the 75’-250’ and 250’ - 500’ zones, a street setback variance and a conditional use permit to allow construction of a new 484 s.f. detached garage on a through lot, 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. Structural coverage shall not increase above 1750 s.f. or 18.2% per the approved plan attached as Exhibit A. Applicants are advised that any fiiture requests to increase structural coverage or change the nature of existing/approved structural coverage shall require City tqiproval, and increases in structural coverage will not likely be approved without concurrent reduction in existing structural coverage. 3. Hardcover in the 0-75’ zone shall not increase above 35 s.f. or 2%. The applicant is advised that this non-conforming hardcover is counted towards the 75’-250’ zone hardcover allowance when determining allowable amount per zone. Hardcover in the 75’- 250’ zone shall be limited to 2,061.3 s.f. or 30.9% and hardcover in the 250’ - 500’ zone shall be limited to 305.2 s.f. or 41% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicants arc advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, arid increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. Page 3 of 6 J 0<HUwr& CITY OF ORONO 2750 Kelley Parkway P.O. Box M Ciyatal Bay, MN 55323 (952) 249-4600 ZONING FILE 05-3133 NOTICE OF COUNCIL ACTION DATE OF NOTICE: July 27,2005 TO: Bruce A EUxabeth Nusbaum 3480 North Shore Drive Wayxata, MN 55391 COPIES: TYPE OF APPLICATION: Variances DATE OP MEETING: July 25,2005 VOTE: 5 FOR 0 AGAINST ^ ^ m 0 • w av-w mm ^ w w I m ^ — w —— — — m ' W consistent with the Planning Commission recommendations; the Council also approved a structural coverage variance in order to construct a 1 Vi story detached garage with a maximum footprint of 484 s.f. (22’ X 22’) and denied the variance for a side setback variance. AppUcants* next scheduled meeting for Resolution approval is confirmed as: CUy Council - August 8,2005 - Meeting starts at 7:00 pm If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approvd by the City Council. If you have questions please call Melanie Curtis, City Planner, at 952.249.4627. 1. iji; ui^ii « ii Date Applkalioa Received: 06-22-05 Date AppIteatloB Considered as Compiete: 07-06-05 60-Day Review Period Bipira: 09-06-05 AUG 8 2005 CITY OFUHONO REQUEST FOR COUNCIL ACTION Date: August 1,2005 Item No. Departmeat Approval: / Name: Melanie Curtis Title: Cite Planner * Admiaistrator Approval:Agenda Section: Item DeacriptioB: #05-3 138 - Sandra Benson - 1376 Baldur Park Rd - Variances - Resolution Zoning District: Lot Area: Lot Width: LR-IC, One Family Lakeshore Residential, 'A acre/100’ 12,726 s.f. (0.29 acre) North Shoreline 100* North 75’ Setback 56’ List of Exhibits: Exhibit A - Resolution per Planning Commission recommendation Exhibit B • PC Action Notice dated 07-20-05 Exhibit C - Draft PC Minutes of 07-18-05 Exhibit D - PC Memo A Exhibits of 07-12-05 Application Summary: The applicant’s property is located almost at the end of the Baldur Park Road. There is a 75’ setback requirement from the OHWL on 2 sides of the property, resulting in a very limited buildable area. The existing home is located almost entirely within the north 75’ of the property causing the property to be considerably out of conformance with zoning regulations. The applicant would like to remove the existing detached garage and attach a slightly smaller garage to the home with living space above. The applicant is requesting a 0-75’ zone hardcover variance for 32.9% hardcover where 0% is normally allowed and 32.6% currently exists, and a 75’-2S0 ’ setback hardcover variance for 29.5% hardcover where 25% is normally allowed and 31.4% currently exists, a lake setback variance, and a structural coverage variance for 21% structural coverage where 15% is allowed and 21.5% currently exists in order to remove the existing detached garage and construct an attached garage to the existing home. Planning Commission Recommendation On July 18.2005, Planning Commission voted 6 - I to recommend approval of the hardcover, structural coverage and lake setback variances. The minority voter indicated he felt the hardcover on the property had not been completely depicted on the survey. Pbnning Staff Recommendation Approval of the variances per the attached Resolution. COUNaL ACTION REQUESTED Adopt or amend the attached Resolution. i A RESOLUTION GRANTING VARIANCES TO MUNiaPAL ZONING CODE SECTIONS 78-1288 and 78-1403 FILE NO. 05-3138 WHEREAS, Sandra A. Benson, a single person (hereinafter **the applicant") is the owner of Ae property located at 1376 Baldur Park Road within the City of Orono (hereinafter the "City'*) and legally described as follows: Lot 20 and that part of Lot 21 lying northeasterly of a line running from a point in the northwesterly line thereof distant 23 feet southwesterly from the most northerly meander comer thereof to a point in the southeasterly line of said Lot distant 66.5 feet southwesterly from the most easterly meander comer thereof, Baldur Park, Hennepin County, Minnesota (hereinafter the "property**); and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1288(A) to allow 32.9% hardcover where 0% is normally allowed and 32.6% currently exists within the 0 - 75* zone and a lake setback variance for structure closer than 75* to the lake; and WHEREAS, the iq)plicant has made iq>plication to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1288 (B) to allow 29.5% hardcover where 25% is normally allowed and 31.4% currently exists within the 75* - 250* zone; and WHEREAS, the ai^licant has made application to the City of Orono for a variance to Orono Municipal 2^ning Code Section 78-1403 for 21% structural coverage v^iere 15% is allowed and 21.5% currently exists in order to construct an attached garage 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 05-3138. Page 1 of 5 i -'r;! mmm : : :^':5y| n •r“ 4. The property is located in the LR-IC, One Family Lakeshore Zoning District which requires a minimum lot area of 0.5 acre and a minimum lot width of 100 ’. The Planning Conunission reviewed this application at a public hearing held on July 18, 2005 and on a vote of 6 - 1 recommended approval of variances based on the following findings: a. The applicant's property has 12,726 s.f or 0.29 acre in area and 100 ’ of width at the north shoreline and 56 ’ of width at the northern 75’ setback. b. No additional land is available for acquisition by the applicant to make the property conforming in area or width. c. The applicant is proposing to remove an existing detached garage and construct a slightly smaller attached garage with living space above; no additional living space is proposed within the substandard setbacks. d. Due to the hardcover levels and location of the home any additions or alterations to the house and detached garage require variances. e. There is no available land to purchase to make the property conforming. f. The applicant is proposing to remove portions of nonconforming hardcover in conjunction with setback variance approvals. g. The applicant is proposing to reorient the existing driveway on site to allow for parking on the property rather than on the neighboring property and within the easement. The existing layout of the site, and the existing easement providing driveway access to the neighboring properties, are hardships that support the proposed variances. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variance on the health, safety and welfare of the community. Page 2 of 5 in 5.The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance 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 difHculty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1288 Subdivisions A and B and Section 78-1403 to allow structure closer to the lake than 75’; 32.9% hardcover where 0% is normally allowed and 32.6% currently exists within the 0 - 75’ zone; 29.5% hardcover where 25% is normally allowed and 31.4% currently exists within the 75’ - 250’ zone; and 21% structural coverage where 15% is allowed and 21.5% currently exists in order to construct an attached garage to the existing home, subject to the following conditions: 1. Coimcil 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 Q>mmission and City CouiKil review. 2. Hardcover in the 0-75’ zone shall not increase above the level of 3,492 s.f. or 32.9%. Hardcover in the 75-250’ zone shall be limited to 624 s.f. or 29.5% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. A> plicant is advised that any future requests to increase hardcover or change the iMture 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 on the property to ensure their permeability as non-hardcover surfaces. Page 3 of 5 4. Required removals of structure and hardcover shall be completed prior to the footing inspection for the new garage. S. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (August 8,2006). 6. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of the applicants and the ai^licant ’s heirs, successors and aMignii, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Qrono City Council on the 8"* day of August 2005. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner ; V-: •. ■ ■ , Vi:.-.Page 4 of S ti:' # 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 T i ! t ■ ;• STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this__day of by Sandra A. Benson, a single person. .2005 Notary Public Page 5 of 5 0<Hi<wr A ! 75'- 7SO*^ ' -^'' -5'.*' //■**<?. 'r' (C <'•— ; V r4a>.< \ )cua^^\ ' '^-51 ! I D*^^SiLJ ^ / (§r^' > K»»J XtM XtMJ W mm "‘•■•'S'/ ^r EiaSIMO KSSSf?10« nflM OIV-tMJ ^ /' / 7""^^ ' ' v/rl/Z '' yiGK / '"• OROMAMY liGN llAiai CON GRAVa nOAO ’v; emm'h CITV OF ORONO 2750 Kelley Parkway POB0X66 Ciratal Bay, MN SS323 9S2J49.4600 ZONING FILE 05-3138 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: July 20,2005 TO: Dan Larkin 5140 Greenwood Circle Greenwood, MN 55331 COPIES: Sandra Benson 1376 Baldur Park Rd Wayzata, MN 55391 TYPE OF REQUEST: Variancea DATE OF MEETING: July 18,2005 Planning Connission recommended as follows: Aj^HOval of the variances as requested, with the provision that the applicant remove the additional stone landscape borders for conformance with the approved hardcover levels. VOTE: 6 FOR 1 AGAINST • The dissenting Commissioner fell that the plans were too incomplete for an approval recommendation. AppHcant*s next scheduled meeting is confirmed as: CRy Council - August 8,2005 - Meeting starts at 7:00 pm If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder afic? review and approval by the Planning Commission. If you have questions, please call City Planner, Melanie Curtis at 952.249.4627. r / MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, July 18,2005 6:00 o’clock p.m. Jaffray'^ted the current garage is 19.3* deep, with a service door in one comer, which makes it difllcult to park a v^le in there. Jaflray stated he would like to bump the g^ge out an additional five feet to allow for a more^nctional garage. Rahn inquired whetl^the service door would be eliminated if the addition is^ved two feet. Jaflray stated he could elmnate the door but design-wise it does not make much s^se There were no public conunenbsjegarding this application. Rahn stated he does not have any i^es with the recommendation of Staff" [reroer inquired how the setback difierrl^m what was origina^jrapproved. Jaflhay stated die house is slightly off from b^g parallpHo the road and that could have resulted in house biing constructed 23 feet from the road radiðan 25 feet. Brener mo^, Kempf seconded, to recommend appVqyal of Application 805-3137, Robert and Victoria JaffraXstMtlng ofairont yard setback In order^ construct a garage addition onto the existing home, Inclddlnfli screen porch above the easterly 20* ny 15.5* of the addition, for the property locat«l4t 540^arrett Avenue. Leslie inqdfi^ how the City^ be assured diat this addition will not also e^oach more than 22.8* the placement of the house. Jaflray stated he is assuming the new susyey completed by Gronberg is accurate. VOTE: Ayes 7, Nays 0. 16. 805-3138 DAN LARKIN ON BEHALF OF SANDRA BENSON, 1376 BALDUR PARK ROAD, VARIANCE, 10:20 P.M. -10:35 P.M. Sandra Benson, Applicant, and Dan Larkin and Hairy Winger, DBH Larkin Constmetion, were present. Curtis stated the applicant*s property is located almost at the end of the Baldur Park Road. There is a 75* setback requirement from the ordinary high water level on two sides of the property, resulting in a very limited buildable area. The existing home is located almost entirely within the north 75-foot setback of PAGE 38 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Moaday, July 18,2005 6:00 o’clock p.m. the property, causing the property to be considerably out of conformance with zoning regulations. The applicant is proposing to remove her existing detached garage and attach a slightly smaller garage to the home with living space above. The applicant is requesting the following variances: 1. A 0-7S’zone hardcover variance for 32.9 percent hardcover where 0 percent is normally allowed and 32.6 percent currently exists. 2. A 75 ’•250* setback hardcover variance for 29.5 percent hardcover where 25 percent is normally allowed and 31.4 percent currently exists. 3.A lake setback variance. 4. A structural coverage variance for 21 percent structural coverage where 15 percent is allowed and 21.5 percent currently exists. Planning Staff recommends approval of the lake setback variance and approval of some level of hardcover and structural coverage variances as the Planning Commission deems appropriate. Dan Larkin stated there will be some further hardcover reductions that are not depicted on the survey, including removal of a brick sidewalk and two retaining walls. Larkin staled he did speak with one of the adjoining neighbors regarding the impact on his view to the lake, and after showing him the plans, he has indicated that he is not opposed to the project. Larkin stated the boulder wall could also be removed, which is not depicted on the survey. There were no public comments regarding this application. Fritzler stated he would like to see some more consideration given to reducing the hardcover. Fritzler inquired whether the hardcover in the 75’-250’ zone could be reduced further. Curtis stated the brick walk would also be removed. Larkin concurred that the brick walk would be removed and the garage door would be offset, which would reduce the driveway somewhat. Rahn inquired whether the dormer depicted in the proposal would be living space. PAGE 39 J AtINUTES OP THE ORONO PLANNING COMMISSION MEETING Monday, July 18,2005 6:00 o’clock p.m. Larkin stated that would be living space. Rahn inquired whether there are any setback variances being requested. Curtis stated they are requesting a 10-foot lake setback variance. Winkey stated aside from the retaining walls and the brick walk, there does not appear to be any other hardcover that could be removed. Winkey noted the overall structural coverage is being reduced on this lot with the new proposal. Jurgens inquired whether all of the decks have been approved. Curtis stated the decks have not changed and were reviewed as part of a different application in 2003. Jurgens inquired whether the decks were approved in 2003. Oaffiron stated the decks were the subject of a variance application a number of years ago. Bremer moved, Winkey seconded, to recommend approval of Application 805-3138, Dan Larkin of DBH Larkin Construction on behalf of Sandra Benson, 1376 Baldur Park Road, granting of hardcover variances In the 0-75* lone and 75 ’-2S0’, a lake setback variance, and a structural coverage variance In order to remove an existing detached garage and construct an attached garage to the existing home, with the condition that the brick walk and decorative stones be removed. VOTE: Ayes 6, Nays 1, Jurgens Opposed. Jurgens stated he does not feel there has been a conqilete submittal of the hardcover on this property. PLANNING COMMlSSldN^OMMENTS 17. REPORT 0F PLANNING.COMMISSION REPRESENTA';S ATTENDING INCIL ;HNGS JUNE 27 ILY11,2005 Jurgens nw a brief update on theJune 27*^ Cobqcil meeting. Jtirgens stated the Palm appUca^ was apprp^d subjecHo review qfine drainage and gradii by the city engineer. Jurgens stated Vmerius was directed bym Council to eliminate the ext^or stairway and construct m interior stairway. PAGE 40 1 t FILE #05-3130 12 July 2005 Page 3 of 4 structural Coverage; Total Lot Area Total Stroctural Coverage 12,726 s.f (0.29 acre)Allowed: 1,908.9 s.f (15%) Existing: 2,741 s.f (21.5%) Proposed: 2,685 s.f (21%) Allowed Per 2003 Variance: 2,741 s.f (21.5%) Hardcover Calculations; Hardcover Zoae 0-75 75 - 250 Total Area ia ZOBC 10.614 s.f. 2,112s.f. Allowed Hardcover Os.f (0%) 528 s.f. (25%) Existiog Hardcover 3,463 s.f.* (32.6%) 664 s.f ♦ (31.4%) Proposed Hardcover 3,492 s.f (32.9%) Total Hardcover** 624 s.f (29.5%) Fxisting ,127 s.f (195%) Proposed 4.116 s.f (194.8%) * After exclusion of fabric or plastic-lined landscape beds ** After addition of non-conforming 0-75’ zone hardcover to the 75 ’-250’ zone. Hardcover & Structural Coverage Variance Tne applicant ’s lot is located near the north end of Baldur Park peninsula. Because of this, 83% of the lot area is within 75 ’ of the OHWL. The applicant ’s home is located entirely within the 75 ’ setback causing the property to be extremely nonconforming with respect to hardcover. Additionally, the structural coverage on the lot exceeds the 15% limit. Currently there is 21.5% structural coverage and tlie applicant is proposing a slight reduction with the reduced size proposal for a structural coverage level of 21%. The current structural cover level is a result of past variance approvals. The survey of the easement area submitted by the neighbor shows some boulder landscape borders which may slightly increase the westerly 0-75’ hardcover calculations, at this time staff does not have an accurate calculation. Lake Setback Variance The buildable area outside the 75 ’ setback is 2,112 s.f. in a triangular shape, and the entire hom ■ is located within the required 75 ’ iake setback zone. Any improvement to this home requires a variance. Although the applicant is proposing the move more structure into the lake scioack area, it does provide the applicant with the ability to park vehicles on the driveway )n the property rather than on the neighboring property. Average Lakesbore Setback Variance The property is located on a peninsula. The average lakeshore setback is defined by the existing setback of the house to the immediate east of the property. The existing house and deck encroach approximately 49’ past the defined easterly average setback line. However, the new garage will not encroach further into that neighbor’s easterly lake views, but may encroach or reduce their westerly views due to its added height. m u u ana f FH.E MS-3138 12 July 2005 Page 4 0(4 Hardship Statcmcat Applicant has completed the Hardship Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Hardship Analysis /« CMuMfrAif •ppUrnhM f»r vtrkmet, Ike Ftei$iibig Commiahn shell coesUer Ike effed of Ike proposed verieece epom the keoHk, tefetp end welfere of Ike commeelly, exMeg end aelklpeled traffk condllhes, llgkl eedeir, demgerofflre,rMlotkepMklksefety,eiidlkepffecloii velues of property kt Ike surroundleg oree. The Ptmmkig CommMoH skM eomrtder recommending epprovel for verlences from Ike Ikerel proeblons of Ike Zoning Code In butencee where Ikeir rtrkt enforeement wonU cense nndne kerdsk^ becense of clrenmslences nnigne to Ike IndMdn el property nnder coneUeredon, end shell recommend epprovel only when ll Is demenstreled Iket mck nedone wttike In keepkig wkk ike splrh end Inleni«/ Ike Orono Zoning Code. Planning Staff feels that this property has unique circumstances with regard to the 0-7S* zones and the Planning Commission should determine what level of variances if any, is appropriate. Staff does not And a hardship in order to encroach into the 75* setback further than absolutely necessary in order to attach the garage, and feels that in conjunction with any hardcover variances removal of some amount of the nonconforming hardcover existing within 75’ of the lake may be appropriate. Issues for Consideration 1. Potential negative impacts on neighbor’s western view of the lake due to the higher garage. Are these views protected? 2. Potential increases in bulk and massing on the site due to the added building volume. 3. Creation of slightly more efficient parking situation is good, but site still is very small and has minimal flexibility (most of non-garage parking area is off the property). 4. Potential issues raised by neighboring owners re: easements, landsMping, etc. 5. Other undefined issues? Staff RocouiDiCBdation In recognizing the severe limitations of this property. Planning Department Staff recommends qjproval of the lake, and average lakeshore setback variances, and approval of some level of hiudcover and structural coverage variances as the Planning Commission deems appropriate. City of Orono ^9at a- Variance Application______ Street Address: 2750 Kelley Parkway Orono, MN 55356 Main; 952-249^00 tax: 952-249-4616 MaHing Address: . P.O. Box 66 Crystal Bay, MN 55323-0066 Application# OS'3 f 3^ Date Received: jjQ/9 ~0^ Amount Paid: Q O Staff: Ja Fee: S600 Renewal: $300 After-the-tact $1,200 Double Fee This application form must be completed in full. Applcant will be notified within 15 days as to the status of the application, incomplate applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION Site Address: Property Identification Number (PIN): fididuC PrxrisZ. ^cl (Attach legal description to application if not included on the survey.) Date Property Acquired (month/year): 3/^2. □ Yes, I own the adjacent parcels. Present use of property: □ Residential □ Other_______________________ Zoning District: _________________ , APPLICANT INFORMATION: (Complete legal nar.es and marital status required for each interested party) Name: f)RM LAk ^iV\ ^ / Phone (home): 6 Phone (work): Co- m ^ W tZtoociAddress Email:Fax: '^^9^ OWNER INFORMATION: (Complete legal names sr.d marital status required for each interested party) Name: __________________________________ Phone (home): Phone (work):__________________ Address: ^^LiAJr Pic /LJ. __________________ Email: Fax: DESCRIPTION OF REQUEST: Estimated Project Cost: $ Describe the request in detail (attach additional sheets if necessary): _____________ ' i % o « _____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. Completed Application Form Completed Hardship Documentation Form X' x Certified Property Owners List - owners witpin 150 ’ o^e subject property, labels and plat map. □□ □□ listed within this packet, including hardcover calculations. Also provide one copy 8.5” x 11” or 1 r X17’ for reproduction. Completed hardcover calculation worksheets (as provided within the variance packet). Topographic survey - including existing and proposed elevations. Provide one copy 8.5" x 11” or 11" X17" for reproduction. Sketches or plans of floor and elevation views (provide one copy 8.5” x11”orH ”x 17”). Additional items may be requested by City Staff depending on the scope of the project." APPLiCANT'S ACKNOWLEDGEMENT: The applicant hereby agrees to provide all information required or requested by the Planning Department, agrees to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application and certifies that the information supplied is true and correct to die best of his/her knowledge. The applicant recognizes that he/she is solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its petenttel merit Applicant's Signature: Applicant's Signature; A \ of its petentel me Date: Date: c/z.z^/d OWNER’S ACKNOWLEDGEMENT: The owner hereby acknowledges and agrees to *his application and further authori/'^s 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: — Date: ^ Owner ’s Signature: Date: Date: Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are normally held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant and advise the City Planner assigned to your project. ^ A JJ. , /' •', .o' ^ 'k M S’ ■ ,J i i; I . -r V ■ 8 S . : s k %4 k Ik nfiT'ii hii,* J 1 j t I (■ :L ^MVbCT F DESCRirnON OF REQUEST. Home owner is asking to be able to remove the existing garage, and construct a new garage attached to the bouse. The new garage will have an addilkm built over that would be a master bedroom. and storage. HARDSHIP DOCUMENTATION FORM. 1. ) Because ofthe harsh Minnesota winters, and overall use ofthe garage, attaching the garage will greatly imiuove the use, along with improving existing house design. Currently the roof is a hip roof design, and does not match the existing bouse . We will be matching the rotrf of the house when building the new garage. 2. ) Because the propeity has water on both sides, there is difikully meeting some ordinances because of set back requirements. i.) Ifthevarianceisgnnted, we feel that the character ofthe locality would be improved. Both with dorign and the ability to be able to pork on the property. 4. ) None 5. ) None 6. ) Nime 7. ) None 8. ) As noted dbove this property is unique in that it has water on both sides, thus making it more diOicult to comply with oidinanoes. 9. ) To niy knowledge, there are not any other properties in the area that have the same conditions. 10. ) To be aMe to have a attached garage in Miimesota is a must in being able to enjoy the property. Also due to the lade of storage in the house, the addition would create much needed space. 11. ) The attaching of the garage will benefit the parking issue, and will make the area safer. It will not im^ the health, safety, comfbrt, or morals. 12. ) We fed that the changes made will do nothing but improve the property, and make it safer. HARDSHIP STATEMENT. The home owner has owned the property for three years, and has done conndeiable improvements to the interior of the existing structure. She currently has a primary resideooe in Edina that she will be selling this fidl, and will be making this her permanent residence. Because of the unusual conditions associated with the lot, dong with the existing structures the way they are now, by granting this variance the overall oooditioo of the property will be irnproved. In doing tlw hardcover calculalioii, the results dmw an improvement in the 75 - 250 zone, and only .3% increase in the 0 • 75 zone. Action to remove some existing retaining walls on the east side of the garage, along with a reduction of approximately 10 feet of an existing side walk, and we will off set the garage door so that vre can minimize the hardcover there. By doing these changes the hardcover will reduced to or towered in oumperison to the new hardcover calculation presented by Advanced Survey. We fed that by not increasing the square footage of the new structures we are not creating a change that could be notic^ or objected by the nd^feuia. We have astaiitled the admowledgement forms to the city, and both ndghbots were in approval of the changes. We would be gralefiil in hearing aity suggestions fiom the dty in that would improve the chances for approval Thank you. Dan Larkin raA Larkin coi Sanuia Benson tructfam. r:% ....Am.nr iBii ■ ■—iwa ■■ 1111 iftfiEi Hill n rmi'vit sT^Tinaiii . .:v- 2^-.^ ^ ***^^t> ^ •*»&» _ \C» %,\ 'V ^‘***>*/ ' '4i ‘/ V >«Kk'^a\ OROIHARY WCM WATtR COW GRAVEL ROAO mnufvr P F1 Mi J -] 11 1 I J v.-i-C?' ■I iV=T:rr'j!-%!;-<!Vial .i *: zf^;ias ■■■ ■■' ' ■ ■' ; .•.. ';•’ 6 t) Z ''i V*; ;=! I,;:' ............. ^ ^ I 4 ,-->mmt^ IK ►!>^ra«sis£-s:m o ij 6 )) *^' rf. '•'••'^»:t-.^O vi y|K||^te£2 cw. La ' ■ O 13 fv. ‘^■JQoo SZT3ACK ZONE: (CIRCXE ONE) T.XTSTTNG gARDCQVTtt Pf ZONE 75-250*2S0-5C0* n ^ r* 500-1000* A. House Lsnf±W!gA X X X R. Girtgo c Dtiwwtr Cferl-.X X D. SktowiDc ^ r xlc X X E. Pitio/Deck -- J-* X X p. Uixkrlim By Ptiidc X X X O. Otter |Lg\r TOTAL HARDCOVER IN ZONE total property area in zone + B ____X too >pnPOMD gAR] A. Honse IN a VMIl X X X a Oenfc c Driwety X X D. SMewaBt B. FmiofTkek F. Lgrfaegpe UadBtaiOi Bp PlMic a Other total HARDCOVER m ZONE TOTAL PROPEKIY AREA IK ZONE ♦ B c-fL 1 f :| ‘ ■ . y /^O S.F. SJ. SJ. S.F. SJ. Sx. /k9-7 SJF. J.2L SJ'. SJF. SJ. SJ. S.F. SJ. S.F. SJ. 3VCp3 SJ. SJ. _% i .S.F. #SJ. SJv SJ. /f: iio :.SJ. :^0 SJ. — icrp .SJ. -SJ. SJ. • S.F. S.F. S.F. 3.F. S.F. —_SJ. 3^72-'SJ. ■IU91H~SJ. ______% * . / 9 ■ » Wl SZl'BACK ZONE: (CIRCLE ONE) 0-7F gyr5nrTNC fahdcover in zonx A. House __________ * -50-500*£00-1000* LsagSt B. Oenfe X X X SS. SJ. SJ. SJr. Z.O s^. Exhibit F ( lf.% V' : . i ! » I'H,: m \ ■ \.^. i &/■.WHSf '/V / < -* / i»> V 1» :i' fim^■ f?.;Pm' 1376 Baldur Park Rd / y^'-.Overview Map UUU. *lil UJ^IIGU/liinudiAVPi Jidyl3,200S lUti* IUUU*t*tO / uu I . UV4 fe)Wi6ir 6) 1 Mr. Midnel P. Qtffim, Plmninf Diractor Ci^ofOrono 27SOK0llqfPiHlnray QyitalBiy.MN SS323 DiirMr.OaffrMi. TUt knar ii In ivibsnce lo Cait #0S>3131 reitniing the piopoMd chMiei te 1376 Baldir Park Road h) Oraoo aid dw ftsidance of Sandra Beann. yfy wife and 1 are nei|hbon to ihia prapo^ and would Kka to inronn you that we would tika to tee a copy ofthapropoaed plana for dill raqincat prior to making oar approval or dii approval. Baaad on our bihlai obaomrion, wa would Uka to nuko ion dai our viewa of MO lake would not be dkrupted in any way by daiaddilian. Thank you feryoaradantioo. h Mark aid Julio Vi m X: \.L '..or 'VrTKnpwisUc'' V'- 'r Vi ,4^.!■V' t \ PS ■^'11 Wm ' M ■ ' .V . ^Mm§. .1- -'I Rider B ennett , LLP City of Orono July 13.2005 Page 2 I attach a copy of the Novonber 24, 2004 Survey we obtained showing Ms. Benson has installed "hardcover" or boulders and other landscaping within Mr. Puzak's access easement area. We believe Ms. Benson did this in violation of the 2003 Resolution. I attach photographs taken by our surveyor in late 2004 (when he performed the November 24,2004 survey) - the 1998 date shown on thon is incorrect. I witnessed the surveyor taking these photographs. The siuveyor marked the boundary of Mr. Puzak's easement with orange cones, and as you can see, Ms. Benson has installed a stone roosto ’, various landscqring and boulders, a mailbox, and a metal lattice U-shaped structure in the area of the easement adversely affecting Mr. Puzak's use for access. We hereby notify you that we believe Ms. Bmson is currently in violation of the zoning code. We object to the variance curroitly being ^lied for by Ms. Benson and request a copy of the Survey dhe supplied to you showing property boundary lines and the access easement's location. We request that the City look at the Survey Ms. Benson provided you and determine whether she has dqiicted the easement area at all on that survey, or if she did disclose the easement, determine whether the easement area dqiicted differs ^m our November 24, 2004 Survey. I wonder if Ms. Benson even disclosed the existence of Mr. Puzak's easement to the City. Ms. Benson may have depicted the area of the driveway currently "in use" on her survey, but that does not show the ACTUAL boundaries of the access easonent. Obviously, since Ms. Benson has applied for a variance to enlarge the size of her garage and her home, the location of the easement is of utmost importance and should be carefully considered by the City before a variance can be granted. We req)ectfully request that any variance considoation be postponed by the City until the easement dilute can be resolved by a court of law. as the location of the easement is in dispute. Please call me if you have any questions or require any additional information. Very truly yours. RIDER BENNETT, LLP ^ Jfldii&r W. Denys ^ JWD Enclosum oc; Fired Puzak (via mail w/ copies of |4os) ■*V • • .»ftlOlRUlMNBTT' r / / / I c*rtiy mu m iHmv ffiy * UM umo SL r. <*■ Kif :p i^'ja mki-:» t • •^^• fi« > ‘ VV; 4'i^. I ■IV ' 3. .-Cm- js^R* i^'} *. H fei#i m "-t .i' n a ‘'a \ - ,^ i/-A Vy'*' 4 >• I - / V / y- ) 7 ‘•t - •.w/st.'i.H'i'is !lr ' ft- ;v .',•■• ‘ j fU^td 'h' >-* tv* *\ t r%,/ I 0' \'» - •• * ' V -feiiiii>^\''' ll^'; ^.i r-. • -'‘^' 'waik ' N. 4»:' ■■.. -^\i^ . . \ •i. "'1 - P^ik/Pw- 1 Bkr-'.i'-oLx -’t ■■. . ■'. '■■'■; ill CITYofORONO RESOLUTION OF THE CITY COUNCIL NO. _494 s A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2; SECTION 10.56, SUBDIVISION 16 (C)(1); SECTION 10.25, SUBDIVISION 6 (B); SECTION 10.22, SUBDIVISION 1 (B); AND SECTION 10.56, SUBDIVISION 16 (C)(6) FILE NO. 03-2875 WHEREAS, Sandra Ann Benson (hereinafter "ihe applicant")is the owner of the property located at 1376 Baldur Park Road, within the City of Orono (hereinafter "the City") and legally described as follows: Lot 20 and that part of Lot 21 lying northeasterly of a line running from a point in the northwesterly line thereof distant 23 feet southwesterly from the most northerly meander comer thereof to a point in the southeasterly line of said Lot distant 66.5 feet southwesterly from the most easterly meander comer thereof, Baldur Park, Hennepin County, Minnesota, (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance from Municipal Zoning Code Section 10.22, Subdivision 2; Section 10.56, Subdivision 16 (C)(1); Section 10.25, Subdivision 6(B); Section 10.22, Subdivision 1(B); and Section 10.56, Subdivision 16 (C)(6) to reconstnict and e.xpand the roof of an existing principal stmeture and replace windows and doors on the second story, in the LR-1C zoning district; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Ororio Zoning and Planning Codes, the Orono Planning Commission held a public hearing on March 17,2003, at which time alt persons desiring to be heard concerning this application were given the opportunity to speak thereon. Minnesota: ^fOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File lr03-2875. Page 1 of 5 I J T n ¥ \ hv^;j CITYof ORONO :5es»« RESOLUTION OF THE CITY COUNCIL 494$)NO. 2.The property is located in the LR-IC Zoning District, where 0.5 acres is the minimum required lot area. The property consists of approximately 0.27 acres. 3.The Orono Planning Commission reviewed this application on March 17, 2003 and recommended approval by a vote of 5 to 0. 4. The Planning Commission made the following findings of fact: A. The original structure has been located within this footprint since 1959; B. The property is unique in that it has lakeshore on the front and rear and almost all of the lot falls within the required 75’ structure setback from the OHWL; C. The application does not propose to increase the footprint of the structure, change the existing setbacks or change the existing hardcover; and D. Additional vegetative screening along the lake side of the residence will help to mitigate the visual impacts of the added height of the structure adjacent to the lake. 5.The City Council finds that the conditions existing on this property arc peculiar to it and do not apply generally to other property in this zoning disUict; that granting the variances will 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. 6.The City Coimcil has considered this application, including the findings and recommendations of the Planning Commission, reports by City Staff, comments by the applicant and the effect of the proposed variances 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 variances from Municipal Zoning Code Section 10.22, Subdivision 2; Section 10.56, Subdivision 16 (C)(1); Section 10.25, Subdivision 6(B); Section 10.22, Subdivision 1(B); and Section 10.56. Subdivision 16(C)(6) Page 2 of 5 pp CITYofORONO I'tX RESOLUTION OF THE CITY COUNCIL 4^41^NO. to reconstruct and expand the roof of an existing principal structure and replace windows and doors on the second story. Approval is subject to the following conditions: 1. 2. 3. 5. Council approval is based on the site plan and building construction plans submitted by the applicant as attached to this resolution as Exhibit A. Any further amendments to the site plan may require further Planning Commission and City Council review. Approval is subject to the following conditions: a) Due to substandard setback of the principal residence from the OHWL, the applicant must provide the following landscaping on the lakeside of the residence to mitigate the visual impact of the structure as it is viewed from the lake: 1. Two hardwood trees of the applicant’s choice, located between the shoreline and the deck, at approximately the eastern comer of the existing deck and 20 ’ from the property line on the northwest comer of property; and 2. Replace the existing hedge, located in front of the deck stairway, with a more substantial hedge. b) If structural removals exceed what is shown on the proposed plans, further review by the Planning Commission and City Council will be required. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be e.\ercised by application for a building permit within one year of the date of Council approval, or these variances will expire on thAt date (March 24,2004). 4. Violation of or non-compliance with any of the terms and conditions of this variance 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 has read, understood and hereby agree to the temis of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Page 3 of 5 MilAlkMiAi 7 .AT..-*'* ' W v-*.» $5^ mM St CITY of ORONO W^m RESOLUTION OF THE CITY COUNCIL NO. 4 9 4 S Adopted by the City Council of the City or Orono, Minnesota at a regular meeting held on the 24th day of March, 2003. ATTEST: O-v-L-uC Linda S-. Vee, City Clerk Property Owner (s) Barbara A. Peterson, Mayor STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 24th day of March, 2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrtiment was executed on behalf of the City. <•3 SON || _____ MOrAIW«M«.|««ESC?T.\ S MyCinnwhilDiitialmJan. 5i. Nototary Public r/i' . j STATE OF MINNESOTA COUNTY OF HENNEPIN V ®‘^*^o^'jcdged before me on this day of March, 2003 by irfiUa S. Vee, CtTy C erk of the City of Orono, a Minnesota municipal corporation and said / ■ instrument was e.vecuted on behalf of the City. DZNISE M. LESKINEiN NOTARTPUBUC-MNNESOTA M Notary Public MyCaMiMpnEipimJin.31.20CS | Page 4 of 5 *‘ A rw’ CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. ^^48 STATE OF MINNESOTA COUNTY OF HENNEPIN I V'T'l On thisdayofApr^ ( .2003.Sa L-l n) personally appeared before me, ____who is personally known to me m n __/ _ whose identity I proved on the basis of whose identity I proved on the oath/affirmation of. credible witness .,a and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and d< .2005 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this__day of appeared before me. .2003,j)ersonalIy who is personally known to me whose identity I proved on the basis of whose identity I proved on the oath/affirmation of credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public Pages of 5 J [lit! 'i 'i| >■ « ... .j. *. ANALYSIS WORKSHEET LR-IC Lot Requirements: Dimensions Required Existing Proposed Lot Area j 21,780 s.f. (O.S acres) 11,992 s.f. (0.27 acres) 11,992 s.f. (0.27 acres) No Change Lot Width 100’50’50’ Nc Change Side Setback East 10’6.6’ (5.8’ with overhangs) 6.6’ (5.6’ with overhangs) Hardcover Calculations: Distance from shoreline Total area in setback Allowed hardcover Existing Hardcover Proposed Hardcover 0-75’9,928 s.f.0s.f. (0%)2,244 s.f. (22.6%) 2,244 s.f. (22.6%) No Change 75’-250’2,064 s.f.516 s.f. (25%)729 s.f. (35.3 %) 729 s.f. (35.3%) No Change Setback from OHWL: Existing Encroachment Proposed Encroachment 48.7 ’48.7 ’ No Change 903-2875 Smtitia Aim Benson 3/13/2003 Page 5 cf 5 -, Required structure setback from OHWL of GD Lake Existing Setback Proposed Setback 75’17.2’ (deck) 25.1’ (house) 17.2’ (deck) 25.1’ (house) No Change A iMifiiiiiiiirii II''. SETBACK ZONE; <CIRCLE ONE) F /S t j 75-250 250-500 500-1000 House ■X •S 1540 S.F. , II I , 1 I Length -Width ;x !*" •0 S.F i X 1 1 ‘ =0 S.F Garage X s 0 S.F ! 1 !0 •Driveway i lx 691. S.F 11\ ------------- •........................................................ ■ '■ ■■;X 1 s 0 S.F . ______1 Sidewalk X 1 2 82 • S.F 1 X s •• 0 S.F Patio/Deck X s 575 S.F • X !i _fz____=0 S.F • Landscape • X i1 -0 S.F Uri(Main by Plastic or Fabric ix ^m b S.F X \ . {0 S.F i ’ fx i a 0 S.F Other :a 1 *“47 S.F TOTAL HARDCOVER IN ZONE ‘ : 1 1 “2935 S.F (A) 1 J : ! : TOTAL PROPERTY AREA IN ZONE ! !-.4------------------------1----------- • a 10619 S.F(B) f —------------------------------------------------------------------------- f * J 1 “! 29351 10819=0 XI00=27.6 % 90,^ ________________________i______4L_Bl i' ' .................. '■ ----------------- ■ TOTAL PERCENTAGE V. PROPOSED HARDCOVER m ZONE House 1540 S.F. Length Width 0 S.F 0 S.F Oarage 01 S.F ; Driveway -!----------------------—' s 691 S.F •r^^uSTTFn^im' i 1>x =‘ 0 S.F • Sidewalk 1 :x ir j 82 S.F 1 1t !X 3 ]0 S.F 1 PatkVDeck 1 X i*1 575 S.F ; 1 X la 0 S.F f Landscape t X ' a OS.F . Underlain by !X 0 S.F 1 Plastic 1 X .s 01 S.F i 1 ,X =0 S.F Other X 1 a 47 S.F TOTAL HARCXJOVER IN ZONE •a 2935 S.F (A)i mm a ^: ____________________:______________________________ TOTAL PROreRTY AREA IN ZONE 1 1 10619 S.F(B)..________------------------------------------ •11 ’ ^ . J 2935I 1 10619'=0 X100=27.8:% >9/ 1♦P/Bl TOTAL i 1PERCENTAGE ) .7, • • “ * V I • ^ ^ I // S! e •*V 7-f'/. SETBACK ZONE: (CIRCLE ONE)'5 i 75-25(1 250-500 . !500-1000 1 1 • EXISTING HARDCOVER IN ZONE House X 0 S.F.B Length Width • •1 *=0 S.F ! X *.3 0 S.F i 1 Garage X S 626 S.F *0 Driveway 1 =45 S.F 1 X s 0 S.F 1 1 1 1 Sldeivaik *x 24 S.F ‘X 0 S.F PaHo/Deck 0 S.F .X 0 S.F Landscape 0 S.F Underlain by Plastic or Fabric 0 S.F 0 S.F Other X 1 * 79 S.F i tOTAL HARDCOVER IN ZONE 1 » 774 S.F (A)1J11 1 TOTAL PROPERTY AREA IN ZONE = 2109 S.F (B) ■ 3.,uU*4 1 1 r 1 .7741 2109 « 0 X100«5eT% Ml ■ B: TOTAL .PERCENTAGE •i r ’ ^ ^• PROPOSED HARDCOVER IN ZONE 1 1 ’1 "House i ix 1 •= OS.F. Length i Width >1; • 1 i :* • 0 S.F i ; ! ~= i 0 S.F I Garage lx - - 626IS.F a • 1 1 t • 0.1 1 A' 1 • Driveway :x ,» • 45IS.F ix i » o;s.F , Sidewalk fx ! s 24ls.F * fx ’ = ^ oT s!f I PatiolDeck i 'X i ■a 0IS.F • X •» 0,S.F • Landscape !x a 0'S.F • Underlain by IX a • 0IS.F 1 i^slic ! X = . 0iS.F • 1 X ; = o'SF I Other 79 S.F TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE 774 S.F (A) 2109.S.F(BJ 2109 s 0‘X1l &TOTAL PERCENTAGE 11, tT^.. ' tr • ■•f • Ju '-i-» vr V- * iftSfilWII. ‘^i; •.. *'. .‘*J •■• L ' r.* : :.,ik ■ .:, .:.• V.:.- »EE* • ;:^= Via • •' •'«.,. iMH Imt/I3 iPOOH.lA>IDY k ADVANCE SUPVBYtNG A ENGINEERING CO. fMS.ttaj'.NiLMI MlMnU.MNS]|4S NwxettSlHM Ht4 rhal*Sl|4MIM7 «i«vtviwL SANDY BBNSON .i tl ’•/_____ 7m OEUH ilVtilP; Wwnn IL2WJinAi»wliMic»««raii4i4MihMiii«). I^fclmr II.MU S yBAkAIKlICZnL uiitMiiMiMfiiirui --■■■— ———- ^ I ■ I ■ *-v —• III^IVI iw^irtctlj MutfwM UiihttBilti»w mrtii»ti »Hy Hwiltei w iiawti M. Hnntpii CMNy. MtaicnM. Mgiasga Miit# HftewMlMT ---------------------------IWM^ptafMf Mt|«lMl]i«ii««t«.«rycliitalifaliMitr. RmcMilielq^ >iywwwiliwmwwp><i Itfrf nmm^ if wt—r.. it mtku mmEmU k t WRDrnki^RmWimimRiRMmkt^mmmmmt^mmDitmmRm. 4. WMw<inrt^rrt—i»ia#fcn ntiniHinili I ini|i%iinwwliiiniliitf( mvcN^n RsmuE ■". ■ »•' Ife* < l- £ PftOfOSeO LAKESIDE ELEVATION EOK 137C BALOUR PARK ROAD !/«•- r-0* iiiitfiMfiiifii <} . 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T--^ ''• -■- *:--'ri;-, . -•- .V.. :■■ V -• ■ • r •.’• •■•. j •/. i7,.- 1 i» *1. , ;'l.•■4 ‘ -: .i. - . ... ^. . 4 , 1^ .‘vAL. ^^7 4k.‘ •. ■ •• -.y. ii.** f.'.•??/; —iig- *-iTTj '' ■ - *t: ^ ** f/ iT*n ’ ^vtrtT'.'d Ax * V* « fff V 1 - I .. Jl. • .-.'^M. , ,^‘jk^iji jfj. .J".’.-: .t- ..V 1-- fc >f i-—• . 1 • 4V 1 .4)I* i i Si- ’v» i‘i-' •' Li ■' V RUN DATE :6mm)5 3f 0111723310002 ROfADDR 1396 BAUXmPARKED WNERNAME M LSCHR0E06R/KESCHROEDf AXPAYER MICHAEL Jk KATIE SCHROEDER AME/AOOR 1396 BALDUR PARK RD WAYZATAMN SS391 31 0111723310005 ROfADDR 1376 BALDUR PARKED WNERNAME SANDRA A BENSON AXPAYER SANDRA A BENSON AMB/ADDR 1376 BALDUR PARKED WAYZATAMN 55391 38 0811723310008 ROf ADDR 38 ADDRESS UNASSIONED WNERNAME WILLIAMJMFRANKUN AXPAYER WUXIAM FRANKLIN AME/ADDR 1730 NEW BRIGHTON BLVD MPLSMN 55413 -5W HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 0811723310003 PROPADOR 1392 BALDUR PARKED OWNERNAME GILBERTHRROXANETQEHLE TAXPAYER GILBERT HRROXANETGEHLE NAME/ADDR 1392 BALDUR PARKED WAYZATAMN 55391 PROP ADDR OWNERNAME TAXPAYER NAME/ADDR 38 0811723310004 1384 BALDUR PARKED MDRiAVERSTEEG MARKDVERSTEEG 1384 BALDUR PARK RD WAYZATAMN 55391 38 0811723310006 PROP ADDR 38 ADDRESS UNASSIONED OWNERNAME WtLUAM J M FRANKLIN TAXPAYER WILLIAM FRANKLIN NAME/ADDR H30 NEW BRIGHTON BLVD MPLSMN 55413 38 0811723310007 PROP ADDR 38 ADDRESS UNASSIONED OWNERNAME WILLIAM J M FRANKUN TAXPAYER WILLIAM FRANKUN NAME/ADDR 1730 NEW BRIGHTON BLVD MPLSMN 55413 38 0811723310009 PROP ADDR 38 ADDRESS UNASSIONED OWNERNAME WILLIAM J M FRANKUN TAXPAYER WILLIAM FRANKLIN NAME/ADDR 1730 NEW BRIGHTON BLVD MPLSMN 55413 38 0811723340034 PROP ADDR 38 ADDRESS UNASSIONED OWNERNAME HENNEPIN FORFEITED LAND TAXPAYER CmrOFORONO NAME/ADDR POBOX66 CRYSTAL BAY MN 55323 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND IKUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OFTHE HENNEPIN COUNTY TAXPAYER SERyiCE? DEPARTMENTS TO OF MY KNOWLEDGE AND BEUEF. DATE o 1 Jl. PACE: I AMI '• / Hennepin County Taxpayer Services Departmeht ‘Jw ; V j..-- • S. _ « ; 08-117-23-31 08-117-23-34 I I t^ A .X MffW' ‘ 'iiMat Wipiw Sau MNI eiMK : v -^v;:'• .*>■.. ,1., . ’^:-Xr^i$IMt ip /x|a teMfy/peoreM ANip: Ht9pr u»nt$4 oernpMion oUnkmttkn awPAPA-W* CHyi OBMfNy, miiSktitf^mtiicrUmmdalh^MUMcat. REQUEST FOR COUNCIL ACTION P.Al •tr-fTTIfyJQ AUG 6 2005 CIIYOh'OMOAiO Date; August 2,2005 Item No./Z Department Approval: . Administrator Approval: Name: Melanie Curtis 14 Title: City Planner __________ Agenda Section: Item Description: Jeff A Tracy Cordes - 830 Forest Arms Lane - Home Occupation License Review - Public Hearing Zoning District: LR-1 B« One Family Lakeshore Residential Lot Area: 1.0 Acre List of Exhibits: Exhibit A - Home Occupation License Appiioation Exhibit B - Relevant City Code Sections 78-1376 & 26-76 Exhibit C - Letter from Staff dated 06-08-05 Exhibit D - Public Comments Received Application Summary In response to an inquiry regarding the home occupation license status of the landscaping and contracting business at 830 Forest Arms Lane staff researched the file and it was determined that no home occupation license had been issued for the property. In cases where it is unclear whether a home occupation should be classified as Level 1 or Level 2, the zoning administrator shall make such a determination subject to city council confirmation if requested by the operator of the home occupation. In this instance, it is unclear as to whether or not the property owners are operating a level 2 home occupation or if the use is prohibited. The applicants arc the owners and residents of the property at 830 Forest Arms Lane. Upon notification from the City the applicants have completed tlie Home Occupation License application, submitted all the required documentation and $100 license fee. This review has been procedurally treated as a Level 2 home occupation and the properties within 350’ have been notified of this public hearing. Conformance with the Home Occupation License Requirements According to City Code, Level 2 home occupations may include but are not strictly limited to; 1. Those with employed persons other than occupants of the dwelling. The applicants have one employee as listed on the submitted application. 2. Those carried out partially or wholly in an accessory structure, where allowed, including storage of materials, equipment or commercial vehicles in an accessory building. The a/^icants store the majority of the business vehicles and equipment within an acces.sory structure. 3. Those involving the use or parking of a commercial or nonpassenger vehicle, whether such use or parking is in a building or outside. The applicants ‘ business involves the use of a commercial or nonpassenger vehicle. I J 4. Those which do not meet one or more of the specified performance standards. The applicants ’ business does not meet one or more of the performance standards within Section 78-1376(d). 5. Those which generate excessive traffic under the standards of subsection (dX 13) of this section. It is unclear whether or not the applicants' business generates excess traffic within the neighborhood. Home occupations are subject to sixteen performance standards. It appears to staff that the applicants* use is unable to meet four of the performance standards (standards 5,6,8 and 9, as listed below). (5) The home occupation shall be conducted within the enclosed area of the dwelling unit, with the exception of lessons or instruction for outdoor activities, such as equestrian training and riding, tennis and other court sports, gardening and swimming. In the RR-1A and RR-IB, one-family rural residential districts, home occupations or storage associated with the home occupation nuiy be conducted within accessory structures subject to conditions. The applicants ‘property is located within the LR-IB zoning district. (6) Outdoor storage prohibited. Outdoor storage or display of materials, goods, supplies or equipment related to the conduct of the home occupation shall be prohibited, except that licensed passenger vehicles used in the home occupation may be parked outside provided they are in compliance with all other requirements of this section. At the time of staff inspection there were several trailers and equipment in the rear yard being stored outdoors. (8) Commercial or nonpassenger vehicles. Parking/storage of any commercial or nonpassenger vehicles used in the home occupation shall be within a fully enclosed building. Noise, odors or vibration from the operation of such vehicles shall not be discernible at the property line. At the time of staff inspection there were several trailers and equipment in the rear yard being stored outdoors. (9) No equipment, machinery, or materials other than of a type normally found in or compatible with a dwelling unit shall be allowed. According to the information on the home occupation application in addition to the vehicles and trailers, there is a bobcat and a wood chipper stored on the property. Prohibited Home Occupations Section 78-1376(e) defines seven categories of “prohibited home occupations ” which “by their nature of operation, have a pronounced tendency to increase beyond the limits permitted for home occupations. These uses have objectionable operational characteristics that adversely impact residential neighborhoods and shall be prohibited as home occupations:” Categories 4 (dispatch centers where persons come to a site and are dispatched to other sites) and 7 (contracting; excavating, welding or machine shops ” would appear to potentially fit the activity associated with the current landscaping business operation at 830 Forest Arms Lane. PlMBlBg Staff Recomncadatioa Planning staff believes that the level and type of activity of this landscape business as it is currently being operated (based on the applicants* statements and comments received from neighboring property owners) falls into the category of a prohibited use and should be discontinued at this urban density residential neighborhood. The use has apparently expanded to a point where it no longer meets the intent of the home occupation ordinances. COUNaL ACTION REQUESTED Council is requested to review the information and make a determination as to whether the applicants* business qualifies as a Level 2 or is prohibited. Should the Council determine that the business qualifies as a Level 2 home occupation, additional iqjpropriate performance standards or conditions that should be considered. r*/ •' V * •-'fm“ ■■ \r . . ♦.r .1^ Farm HOU2y03 >•>,.. roRcmr USE ONLY . HonwOco—tioM Review«J Bv: f'i ^ I O' RMenmcadt: Appraval Denial NAME APPLICATION FOR ANNUAL LEVEL 2 HOME OCCUPATION LICENSE PHONE: 0^96 BUSINESS PHONE: to/2- 2.01 QS/1 ADDRESS: ^30 Tf>VeSt yArrti^ prvub , tUAJ SS3>6>4 T7"~ n (*'i>) ' BUSINESS NAME: HrC /M^-_____________________________ ApplicatioB Review Process The City Council will hold a public hearing for each Home Occupation required to be licensed. The owners of all parcels within 350* of the property will be notified 10 days prior to the public hearing. If granted, licenses for Level 2 Home Occupations are good for one year only and expire on Sq)tember 30 of each year. Renewal applications will be sent to each licensee prior to license expiration. A License may be revoked if any violation occurs. Reqiilre^«Bubniittals (application is not complete unless all infomiation has been included): vQl • Completed and signed application form (This sheet). VO 2. Completed and signed Home Occupation Questionnaire (Pages 5-6). List of ail Employees (Page 6) -^1.4.Site plan of property indicating all areas used in home occupation. 5. A list of all property owners of all parcels within 350* of the property and labels. (You must obtain this list and labels from Hennepin County Department of Finance, A-603, Govt. Center, 612-348-5910). __Additional items as may be requested by staff. License Fee: ^ Check One: Initial Fee: $100.00 V Annual Renewal Fee: $30.00 APPLICANT’S SIGNATURE The t^ticant hereby agrees to provide all information required or requested by the City, agrees to pay additional fees and or consultant expenses uicurred in review of this application, and certifies that the information supplied is true and correct to the best of your knowledge. Applicant’s Signature Date taliO^dS Return this cover sheet dhd aUr^uired attaclw^nls to: Uufi SS3Bb CHy of Orono, 2750 Kelley Parkway, P.O. Box 66, Crystd Bay, MN 55323 Phone 95^24M600 Fax 952-249-4616 Peer left 1 • # * I \ ^ I . • Purpose of Home Occapation Regulations Home Occupation regulations are established to ensure that home occupations will not adversely affect the character and livabiliQr of the surrounding residential neighborhood. A home occupation shall function as an accessory and subordinate use to the principal residential use of the dwelling unit. In order to protect the public health, safety and welfare within residential neighborhoods, home occupations are divided into two regulatory levels: - Level 1 Home Occupations which do not require a license; and - Level 2 Home Occupations for which an Annual License is required.__________ Following are ileflnitlons and standards for the various types and Levels of Home Occupations. Please review them carefully to determine whether your home occupation is required to be licensed. If you have questions, please contact the City Oflices at 9S2-249-4600. DEFINITIONS: Level 1 Home Occupations are those home occupations which comply with the provisions and performance standards set forth in Section 10.63 of the Orono Zoning Code and which have ng potential neighborhood impacts. Level 1 Home Occupations may be operated without a license or a permit. Level 2 Home Occupations include; 1) those home occupations that comply witli all standards of Section 10.63 but which could have potential neighborhood impacts: and 2) those home occupations that do not comply with all standards of Section 10.63 but which are not ‘prohibited home occupations’ under Section 10.63. Level 2 Home Occupations may include but are not strictly limited to: a) Those with employed persons other than occupants of the dwelling. b) Those carried out partially or w holly in an accessory structure where allowed, including storage of materials, equipment or commercial vehicles in an accessory building. — c) Those involving the use of parking of a commercial or non-passenger vehicle, whether such use or parking is in a building or outside. d) Those which do not meet one or more of the specified performance standards. e) Those which generate excessive traffic per the standards of 10.63, Subd. 3(M). Proklbited Home Occupations: 1. Service, repair, or painting of any motorized vehicle, including but not limited to motor vehicles, trailers, boats, personal watercraft, recreational vehicles, and snowmobiles. 2. Hair styling establishments that serve more than one (1) person at a time. 3. Adult Uses 4. Dispatch centers where persons come to a site and are dispatched to other locations. 5. Medical or dental clinics. 6. Rental businesses. 7. Contracting, excavating, welding, or machine shops. 8. Tow truck services. 9. Ceramic studios with kilns of volume six (6) cubic feet or more. 10. The sale, lease, trade or other transfer of firearms or ammunition by a firearms dealer, expect when such dealer is Federally licensed to conduct such activity. 11. Sale or use of hazardous materials in excess of consumer quantities which are packaged for consumption by individual households for personal care or household use. fnge20/4 HOME OCCUPATION QUESTIONNAIRE (Attach a separate page if additional space is needed) 1. Describe your home occupation: 2. How many non-resident employees would work on-site? ^ How many nonresident employees would work off-sile? I How often would off-site employees visit your home? p-ej^ __________ 3. What percentage of your home’s floor area, including the basement, would you use in 4. What percentage ot your home s lloor area, including mt oasemc conducting the home occupation? S ^ . Where on the premises would the h^e occupation be conduct^? Is yiy use 0 f an acc^ory S. Describe any changes in the outside appearance of the building or property, other than one C7 a . 7.How many customs or employee v^icles would be parked on the premises at anyone time? •! I tar J^cktA cjcLf^CU^ ^ M^Dtu ILu 8. Describe the type, payload capacity and number of each type of vehicle to be usesd in the home occupation and where they would be parked -/p pcuJtJt^J H ’aAjiao^ V>r What would M the average number of customers expected to visit the premises each week? 0 The average number of employees/subcontractor visits to the premises each week? ^ /[fWhat time ofday and which daygof tjie week would you expect tliese visitstowCTiy^ ^ S'3£S djfn AiitPl______________________ Describe any deliveiy vehicles that will make deliveries or ship products from the property. Include the type, amount, hours and frequency of deliveries: 0^ of each type of vehicle to be us^ in th( \ \ l4vn ft'Ucu. / peri i^gj^nuuc/^ \nr f/\ 9. 10. the type n ft Pagt 5 of 6 Describe the type ofequipment, including ventilation systems, that would be used. DKcribe how you would keep the use of this equipment unnoticeable to your neighbors: ^ m s rtti aetjd' If ^hr v^/m/»roe»S ^ tuandch/^p^^ Aff ijt strtepiyA ihMi £L^t 12. Describe the amount and type of any chemicals, gasoline, hazardous substances or similar mjiterial that would be used. Also, describe where these materials will be stored: ^AS &y/is Z>K lAiirttdJU^ fiyjhr Jn 13. Describe how you JjOtLf. ^u^w^d dispose of any hazardous materials: ^er '^am -o^ Vf^icant s Signature j yra^^ dJr4t^ Date List names/addresses of all employees of the home occupation other than the applicant: Aivcrez. ! 3*iCS V. P}yh^trvTl\ ^ MN 55f/4^ f/gt 4 0/4 June 16,2005 Melanie, Sincerely, Hello. Per our telephone conversation on June lO"* regarding our application for a Level 2 Home Occupation license, I am submitting the requested paperwork/ documentation and payment by check for your review. Upon receipt, please contact us to schedule the courtesy inspection you mentioned. We’d like to complete both the walk through with you, as well as the public hearing as soon as possible. Thank you for your time and assistance. Jefif and Tracy Cordes 4 r m' Tr^ni X f.- ,%• ■ i;.' :i md 'ii C-?rtif1.rata of £urvey fdr Cref;ory I'rlce of Lot 2» l’loo ‘< 1, Forest <r'.s riannspin Grunty, Finnsaota k■m I bt!r*.!lv '‘wrtl “y t.h.it tlJj, Jr L 'Uf :;t r Conort raprucur*.uticr. cf svivey of Ihci hounrlnri®? of Lot ?, Moc>: 1, Forost Arr.s, tro loration of oil exlctlnr bol LoJprs, iJ’ any, fyioroor, rtno t.ho pronoyad lorntlor of a pi’onos-txj t.nllcin, . It coes i:ot ourport to s'nov othor I'.'orovar.ants or anrroochn«nt?. Scale: Date : o i 1“ s 60* 4-29-60 Iron anrker Lnnd Surveyor and FLunner Long Lake, Klnncsate•asj» I ' Pi. ^ l('fin<'pin H 'U » . • •■ Hennepin County Taxpayer Services Department \ % • ; r * ; j : —h 4 * • ; i I f ' ; E laiKO fr.i mnla Parc^Unformatlon y* V '*, Pweal ID 07117231 ' Mom— Niimbw 030 :y * ' *•» ^ *f. ■». »v ,»V I I I 15 ' • -A . t r ' -• ••• SlTMt Nmim romST MIMS LA TMo/SnorelopMyfeoareMffMp. ff/opme ent i a compilation ctMonruMon 4nddal»ihmClllf,Counly,»ndSlal9m4daulhorl04$an(lolh»r$oun48. ceruficate of mailing ST ATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) n. ) CTTY OF ORONO ) I, Denise M. Lesldnen« of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of a home occupation license iq)plication for Jeff and Tracey Coides, Metro Pro Inc., was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 26"' day of July, 2005. ■ - i L V. r- mmmii.'*. - f - r ]:y ’ jDfiJ/'y ■ \ CITY OF ORONO 27S0 Kdlcy Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The City Council will hold a public hearing at 7:00 p.m. in the Council Chambers at 2780 Kelley Parkway on Monday, August 8, 2005 to consider a home occupation license application for Jeff and Tracey Cordes, Metro Pro Inc., for a residential property located at 830 Forest Arms Lane. All persons wishing to be heard shall be present. Written comments are due by August 3 2005. For further information call City Hall at (952) 249-4600. City of Orono By: City Council Michael P. Oaf&on, r'anning Director ■ . i f tih * I >* - r-■ ■ *. ■ 'V-.- t. ■ ■ »■**■*^ - fctipratiliin 9t II i#cM0§wwwjwttyxofti l-nO^CMVEliy 31 0611723320003 LAKEVteWGOLFOPMTKA INC tSSMBDOAKLA MOUND MN 5S364 38 0711723120001 LAKEVIEW OOLFOF MTKA INC 8SS RED OAK LANE MOUND MN 55364 31 0711723120005 JEFF C OORDESTTRACY N CORDES •30 FOREST ARMS LA MOUNDMN 55364 31 0711723120009 ALBERT R VALERIBOURALNDC 80S FOREST ARMS LA MOUNDMN 5S364 38 0711723120006 CARLA j SORENSEN 860 FOREST ARMS LA MOUNDMN 55364 38 0711723120010 MICHAEL A MARY MC ELLIOOTT 815 FOREST ARMS LA MOUNDMN 55364 38 0711723120012 BRET C R1BMBN8CHNBIDER JENNIFER 8 RlEMENSCHNBn •35 FOREST ARMS LA MOUNDMN SS364 n 0711723120013 ALAN L A BARBARA R GOLZ 855 FOREST ARMS LA MOUNDMN 55364 38 0711723120015 JOHN F OBRIEN 895 FOREST ARMS LA MOUNDMN 55364 38 0711723120016 GEORGE A KATHERINE KALWEIT 4265 FOREST LAKE DR MOUNDMN 55364 fM I, 38 0711723120004 ROBERT W A JANIS R BONNEMA 800 FOREST ARMS LA MOUNDMN 55364 38 0711723120007 C A CLARK ABA SEGNER-CLARK 890 FOREST ARMS LA MOUNDMN 5S364 38 0711723120011 MICHAEL A A ANN M FREUND 825 FOREST ARMS LA MOUNDMN 55364 38 0711723I200I4 GREGORY S A MARIA SWENSON 875 FOREST ARMS LA MOUNDMN 55364 38 0711723120029 RONALD A JUDITH DAVISSON 860 N ARM DR MOUNDMN 55364 .TLeiiimri •MIS liyMMBi tffi M ifiaylanwrirt >2iMiaiii ■>^Vi' T i EXHIBIT B Home occupation means any gainful occupation carried out by the occupant of a residential dwelling unit that occurs within the principal or accessory building on the properly and does not change the primary residential use of the property. Level I and level 2 home occupations shall be as defined in [section] 78* 1 376. See. 78*1376. Home occupations. (a) Purpose. Home occupation regulations are established to ensure that home occupations will not adversely affect the character and livability of the surrounding residential neighborhood. The home occupation shall function as an accessory and subordinate use to the principal use of the dwelling unit. In order to protect the public health, safety and welfare within residential neighborho^, home occupations shall be divided into two regulatory levels: Level I home occupations: Home occupations that comply with all standards of subsection (d) of this section and which have no potential neighborhood impacts. I^vel I home occupations may be operated without a license or permit Level 2 home occupations: Home occupations that comply with all standards of subsection (d) of this section but which could have potential neighborhood impacts; and home occupations that do not comply with all standards of subsection (d) of this section and which are not prohibited home occupations under subsection (e) of this section. Level 2 home occupations are required to be licensed under the provisions of section 26*76. Level 2 home occupations may include but are not strictly limited to: a. b. Those with employed persons other than occupants of the dwelling. Those carried out partially or wholly in an accessory structure, where allowed, including storage of materials, equipment or commercial vehicles in an accessory building. c.Those involving the use or parking of a commercial or nonpassenger vehicle, whether such use or parking is in a building or outside. Those which do not meet one or more of the specified performance standards. e. Tliose which generate excessive traffic under the standards of subsection (dX 1 3) of this section. In cases where it is unclear whether a home occupation should be classified as level 1 or level 2, the zoning administrator shall make such a determination subject to city council confirmation if requested by the operator of the home occupation. (b) Conformance required. All existing home occupations shall be brought Into conformity with this section within one year of the adoption of the ordinance from which this section is derived. (c) License required for level 2 home occupations. An annual license shall be obtained by any person operating a level 2 home occupation as defined in this chapter, under the provisions of section 26-76 of this Code. (d) Home occupation regulations. The regulations recognize that many types of home occupations can be conducted with minimal or no effect on the surrounding neighborhood. Home occupations shall be subject to the following standards: (1) The home occupation shall be clearly incidental and secondary to the residential use of the i (4) (10) premises, and shall result in no incompatibility with or disturbance to the surrounding area. Employed persons. No one other than the occupants of the dwelling and one employee or associate shall be on the property at any given time in relation to the home occupation. No employee or associate or combination of either shall work on the premises for more than 40 hours in one week. The home occupation may employ additional nonresident employees only if their work activities are performed off the premises. Personal vehicles of employees working off the premises shall be parked within a building or shall be fully greened from the street and from adjoining properties. Domestic employees shall not be considered employees of the home occupation. Exterior alterations or modifications that change the residential character or appearance of the dwelling unit or accessory structure to that of a commercial nature shall be prohibited. Interior alterations or modifications that eliminate the kitchen, habitable areas for sleeping, and bathrooms shall be prohibited. The home occupation shall be conducted within the enclosed area of the dwelling unit, with the exception of lessons or instruction for outdoor activities, such as equestrian training and riding, tennis and other court sports, gardening and swimming. In the RR-IA and RR-IB, one-family rural residential districts, home occupations or storage associated with the home occupation may be conducted within accessory structures subject to the following conditions: a. No home occupation conducted wholly or in part in an accessory structure shall produce noise, light and glare, odor, vibration or traffic that will in any way have a perceptible effect upon adjacent or nearby property. b. The home occupation shall conform with all other applicable zoning requirements. c. The property must be conforming in area, and the accessory structure must be conforming in location. Outdoor storage prohibited. Outdoor storage or display of materials, goods, supplies or equipment related to the conduct of the home occupation shall be prohibited, except that licensed passenger vehicles used in the home occupation may be parked outside provided they are in compliance with all other requirements of this section. Parking. All vehicle parking required for conduct of the home occupation shall be off-street. The off-street parking area required for the principal residential use shall be retained exclusively for the principal residential use and shall not be made unusable by the home occupation. Off-street parking ateas providing more than two spaces for the home occupation shall be visually screened from adjacent residential lots. Commercial or nonpassenger vehicles. Parking/storage of any commercial or nonpassengcr vehicles used in the home occupation shall be within a fully enclosed building. Noise, odors or vibration from the operation of such vehicles shall not be discernible at the property line. No equipment, machinery, or materials other than of a type normally found in or compatible with a dwelling unit shall be allowed. No retail sales and deliveiy of products or merchandise to the public shall occur on the premises except when accessory to the services provided. (II) No home occupation activity of a non-residential character shall be discernible from any private i or public street. There shall be no exterior signage or display, or interior signs or display which are visible from outside the dwelling, except that a single nameplate sign of not more than two square feet in area per surface, nor more than two surfaces, may be placed on the property. Such sign, if displayed, shall include only the name of property owner and the site address, and shall not identify the type of business. (12) The hours of operation that a home occupation may be accessible to the public shall be limited to the hours between 8:00 a.m. and 7:00 p.m. (13) The home occupation shall not generate excessive traffic that is detrimental to the residential character of the surrounding properties or the neighborhood. For the purposes of this provision, more than five customers or clients per day, or more than two customers at any given time, may be determined to be an excessive and detrimental level of traffic. The number shall apply to each dwelling unit, regardless of the number of home occupations conducted in the dwelling unit. The criteria used by the zoning administrator to determine impact shall include, but not be limited to: a. The characteristics of the neighborhood, including current land use, lot sizes, lot widths, paricing availability, and screening. b. Type of street, width, and traffic volumes. c. The aval labil ity and location of off-street parking. (14) Shipment and delivery of products, merchandise, or supplies shall be limited to the hours of 8:00 a.m. to 7:00 p.m. and shall regularly occur only in single rear axle straight trucks or smaller vehicles typically used to serve residential areas. (15) No sound or noise created by the operation of the home occupation shall be audible at the property lines except between the hours of 8:00 a.m. and 7:00 p.m. Home occupations shall otherwise comply with all noise provisions of this chapter. (16) Any activity or event organized for the purpose of displaying or selling merchandise shall not be held more than six times per year. This section shall not be construed as requiring a license or permit for occasional garage sales or tag sales. (e) Prohibited home occupations. The following uses, by their nature of operation, have a pronoun^ tendency to increase beyond the limits permitted for home occupations. These uses have objectionable operational characteristics that adversely impact residential neighborhoods and shall be prohibited as home occupations: (1) Service, repair, or painting of any motorized vehicle, including but not limited to motor vehicles, trailers, boats, personal watercraft, recreational vehicles, and snowmobiles. (2) (3) ’ c' Hair styling establishments that serve more than one person at a time. Adult uses, as defined in this Code. Adult uses are prohibited as a home occupation for the reasons set forth in Ordinance No. 193, Second Series (section "i-1377 of this Code), adopted by the city council on November 8,1999, based on the effects and impacts of sexually oriented businesses as set forth in the state attorney general's Report of the Attorney General's Working Group on Regulation of Sexually Oriented Businesses, dated June 6,1989, and in the Task Force Report on Sexually Oriented Businesses, authored by the Cities of Minnetonka, St. Louis Park and Shakopee, which considered relevant studio from six cities. Dispatch centers where persons come to a site and are dispatched to other locations. Medical or dental clinic. Rental businesses. (7) Contracting, excavating, welding or machine shops. Commercial kennels and veterinary clinics. (9) Tow truck services. (1 0) Ceramic studios with kilns of volume six cubic feet or more. (II) The sale, lease, trade or other transfer of firearms or ammunition by a firearms dealer, except when such dealer is federally licensed to conduct such activity. (1 2) Sale or use of hazardous materials in excess of consumer quantities which are packaged for consumption by individual households for personal care or household use. (f) Reasonable accommodation for disabled persons. Persons with physical or other legally recognit^ disabilities may request reasonable accommodation by requesting a waiver of one or more of the requirements of this section. The zoning administrator may only grant waivers on the basis of the applicant’s physical limitations to function within such requirements. ARTICLE ni. HOME OCCUPATIONS* See. 26>76. Ueemie. (a) Required. It is unlawful for any person to engage in or carry on a level 2 home occupation, as that term is defined in chapter 78, without first having obtained a license from the city. Level I home occupations as defined in chapter 78 are not required to be licensed as long as all conditions set forth in chapter 78 are fully met. (b) Regulation. Licenses will only be issued if the specific use is permitted or otherwise allowed by chapter 78, and if all conditions set forth in chapter 78 are fully complied with. (c) License period. All licenses for level 2 home occupations shall expire on September 30 of each year. Application for renewal of an existing level 2 home occupation license shall be made to the city clerk at least 60 days prior to the expiration date. (d) Public notification and hearing. The city council shall hold a public hearing for all home occupations required to be licensed. The owners of all parcels within 3S0 feet of the property, or a larger area at the discretion of the city, shall be notified ten days prior to the public hearing. CITYoT ORONO Municipal Ofikcs Slnat Mnu: 2750 Kelley Parkway Orono, MN 55356 Malliaf Mdresi: P.O. Box 66 Crystal Bay. MN 55323 0066 June 8,2005 JefT & Tracy Cordes 830 Forest Arms Ln Mound, MN 55364 RE: 830 Forest Arms Lanc/PIN 07-117-23-12-0005 Home Occupation/lllegal Use/Contractor Business A sign advertising Metropro, Inc, a lawn care and landscaping company has been posted on your property at 830 Forest Arms Lane. Through further research it appears that a lawn care, landscaping and contractor business is operating at the above residential address. Home occupations within the City of Orono are regulated under City Code Srotion 78-1376; this section is attached herein for your reference. It appears that your commercial use of the above property may fall under one of the following two categories of this City Code: Level 2 Home Occupation or Prohibited Home Occupation. Please complete the attached Home Occupation License application and submit to the City no later than July 1,2005 in order to avoid legal action by the City. Upon receipt of your application. City Staff will evaluate your use of the above residential property for its qualification as a Level 2 Home Occupation. However, City Staff performed a cursory propertyjnspectipn onj^y.26'^ and it wgs not^ that equipment consistent with a landscaping company was stored on the projKity. Operating a conjrat^ingshpp and/or outdoor storagejusqcjate^with a home occu^tiotr is strictly prohibited. ' Additionally, an illegal access to County Road 151 is located at the rear of your property. Removal of this access was a requirement of your building permit for the detached garage in September of2004. It appears that the access was partially removed; however additional restoration is necessary. The illegal access must be removed, the gate must be remov^ or- permanently closed off and the ditch must be re-graded and re-vegetated to Hennepin County specifications by July 1,2005, if you have questions please contact myself or Dave 2^tterstrom with Hennepin County Public Works at 763-745-7643. Your property will be reinspected to verify compliance with this notice. Your attention to this matter is appreciated. Please call me at 952.249.4627 should you have any questions. Sincerely, City of Orono * Melanie Curtis City Planner Enel: Home Occupation License Application City Code 78-1376 c:Dave Zetterstrom, Permits Coordinator, Hennepin County Public Works Tekphonc (952) 249-4600 • Fus (952) 249-4616 wwwxi.orono.mn.of p August 2,2005 City Council City of Orono 2750 Kelley Parkway, P.O. Box 66 Crystal Bay. MN 55323 '^i/G C/fy 03 Op 2005 ^^0/Vo Dear Council Members, This letter is in response to home occupation license application made by Jeff and Tracy Cordes, Metro Pro Inc., for the residential property located at 830 Forest Arms l.ane, Orono, MN. Our property is directly adjacent to 830 Forest Arms Lane and we do not support this home occupation license application for the following reasons; • Tke me^borkoo4 b toned ResUential, with one acre minimum tots. The day-to-dojy operation ofdie business has a ne^dive affect on our quatby of life. Over the past several months we have observed the regular use and movement of heavy equipment including a large pick-up truck, dump and utility trailers, bobcats, pressure washers and other various types of landscaping equiinnent. The noise level both early in the morning and later in the day has increased and negatively impacts our ability to enjoy die quiet nature of our backyard and neighbor!]I • PobntM negative qffect a toning variance wouU have on the value of our property. Based upon Kaj’s experience as a trained real estate professional, we are very concerned that a zoning variance would directly affect the value of our property in a negative way and also make the property less attractive to potential buyers should ive decide to relocate. • JMentbUfor drainage of bnsiness related componenb into our property. According to the MetroPro Inc website (www.metroproinc.com>. the business is intended to be a foil service landscaping business. Being on the down-hill slope from the property located at 830 Forest Arms Lane we are seriously concerned about the potential for business associated components (fertilizers, herbicidc», machine fluids, etc.) to drain into our garden and back-yard. Following the recent construction of the large storage garage at 830 Forest Arms Lane we’ve observed an iimease in water drainage into our back yard. We suspect it is in part due to the large amount of topsoil removed during the construction and the clearing of trees and bushes. In closing, we realize that it is our neighbor ’s goal to develop and grow a new business however, the operation of a full-scafedandscaping business directly and negatively impacts our quality of life. Sincerely, ij A Carla Sorensen 860 Forest Arms Lane, Orono, MN 55364 / tOSim II II ! . August 1,2005 City Council City ofOrono 2750 Kdl^ Parkway, P.O. Box 66 Crystal Bay, MN 55323 0 9 ^ ClTYo. Dear Council Memben; This letter is in response to home occupation license iq>plication made by Jeff and Tracy Cordes, Metro Pro Inc. for residential property located at 830 Forest Arms Lane. As <x^(Ktnt property owners at 800 Arms Lane, we do not support this home occupation license application for the following reasons: • The meighborkood is tinted Rl— Reademtimi, ome-ocre mim. lots. opermHonef Aebumness fleets owr^uaHty The following activity is both seen and heard r^larly. • The business operation r^ularly uses heavy equipment including a V* ton pickup truck with large trailer attachment used for hauling mowing equipment or a dump trailer hauling a bobcat or landscaping materials (trec^ shrubs). This equipment as well as employee vehicles use a recently created gravel driveway abutting our property in order to access a storage facility behind the house from the street. • JMaiM t0itetmzptimgvaruuicewomUi have omtkevaliu of omr property. M we move to a new phase in our Ufo, we are in the process of selling our hotne. A zoning variance w^d directly affect its value and appeal to potential buyers. Wanting to be neighborty, we are sympathetic to our neighbors hope to build a new business. In foct, we even hired him when his business wasn’t a full-scale landscaping business but merely lawn mowirtg with a John Deere garden tractor. However, the operation of a fiill-scale landscaping business (www.metroproinc.com ) directly and n^atively impacts our quality of life. Robert and Jruiis Bonnema 800 Forest Arms Lane Orono, MN 55364 ----------- • 4 • I • "f Z/ho^ac/ (^/f/=/v^»c// Pl<mn'i^\j Oftcc^TCf^ -CZ^eoAio c/ry J 't'eo /e^rrc^ /5 Oat >a J rcS^ASC 7^ 7^4 /UoAc,C Uf£ Ac^ArjPii^<f /lo/HC occ.tyaaT/6AJ---------------- -------------^ ------------ ----------------- /fCCH5c /yy?/>'c:ArfOAJ /£r ^F'P^ T^A-ccy ^/Adie. 730 ^rcsr ^Z/!9S /^4/c. C(Jc. /?a^ dPfrccjry^ 7^ AT 7S^ ^r/kt3 . 5c5 Ar- A<iAc33 arf^OAo^lly O/C. (lA dC yior i/cA ytobiCA^ cOTr///4 hu3fnc33 oyerASpffiy our oP 'f'Lc.rte. kauc. hur ts m, 7AAr ac£x4yaj/tc*d /teensc^ eran // iP /’^cre is tUO oPtSZcyriOAJ t4 /^C. Cindf^^9rAhtJ^)n he. o^Ajurc r ■ ^Mi1►«/Arrrcnr/cfu /hat thca .^ Atte sente /tn^nt} ^At/c been odprer^c^ Affecre//, inJlceJP /4.e ense. scyiy^ottr o/t nyyro /PA O/CS r is /^Oi/e /JoT-e AceZPs A> P “X^P p/e /(ccn$e is he aa^AAMice /Ltr ^/rs is aot a - /iPtr/od/ MtP /C^'T -Me l>uSfTieSs ,3 ePePPAet/ (auik Io cr oA etupltyec/y yAfl/Un^ , s'*Ze or /HAcPi/tc^yisre ^. 'i/fA■Ajcyon, /f^ ^l-. — -JJ August 3,2005 /VVJG 0 3 lOVi^ cnv OF ORONO Orono Chy Council Members: I am in siqiport of Jeff and Tracy Cordes being granted a home occupation license for their residential property at 830 Forest Arms Lane. Their home occupation (Metro Pro Inc.) is clearly secondary to their residential use of the property and 1^ had no adverse effBCt on the surrounding neighborhood. Sincerely, Bret and/or Jennifer Riemenschneider 835 Forest Arms Lane .;.v- ; V;,- -5: • V' ■** *. ■ r .• • it ‘>7 -vv;\ "Ai iM s': ’t August 3,2005 Orono City Council Members, I am in support of Jeff and Tracy Cordes being granted a home occupation license for their residential property at 830 Forest Arms Lane. Their home occupation (Metro Pro Inc.) is clearly secondary to their residential use of the propeily and has had no adverse effect on the surrounding neighborhood, nor did it have any e^ect on real estate activity as related to the recent listing of my properly. Sincerely, Albert and Valerie Guralnilc 805 Forest Arms Lane :• ^ . I/ A.■ •' 1 ■ - : ■■ ■ A'..- : ■Pi ■* T •;v l.W /iV * August 3,2005 Orono City Council Members, I am in support of Jeff and Tracy Cordes being granted a home occupation license for their residential property at 830 Forest Arms Lane. Their home occupation (Metro Pro Inc.) is clearly secondary to their residential use of the property and has had no adverse effect on the surrounding neighborhood. Sincerely, John O’Brien 895 Forest Arms Lane Tim .V * .• wT.* ■jigg'i srnm mmmmmm V:; V>.vc»/ iSISSiiimmmm s-. i- .. . ::LLt •-•••'»•- •'•"•• 4 '^fl&ililiiiiiira miiMt J i ----------i i August 2005 Orono Chy Council Members: I am in siqipoft of Jefif and Tracy Cordes being granted a home occupation license for their residential property at 830 Forest Arms Lane. Their home occupation (Metro Pro Inc.) is clearly secondary to their residential use of the property and has had no adverse eflb^ on the surrounding neighborbI Sinoerely. Greg and/or Maria Swenson 875 Forest Arms Lane ■ t ••I •••I*.;'- ; mm m : ••■ :• ■: / : S'"' :■■■ ic"'i - m . i .^. Ak-Y -V, CO* •»»<»« x^tTriMQ AUG 6 2005REQUEST FOR COlTNaL ACTIC CITY OF ORONO DATE: August 8,2005 ITEM NO.: /3 DcpartBCBt Approval: Naa* OicfOfy A. Gappa Title Director of Public Services Admiaistrator Reviewed: Agenda Section: Public Services Director's Report Itca Description: Request for Pa;umber 1 Navarre Water Tower Rehabilitation The Navarre water rehabilitation and painting project is substantially complete and the tower will be back in service by Monday August 8"*. There is a change order on this project in the amount of $2,500 to add a vent hatch to the bottom of the tank for access and ventilation during painting. This additional hatch was required to meet OSHA worlqtlace safety requirements. We have reviewed the information submitted by the City's engineering firm and recommend qipioval of this Change Order Number 1 and Request for Payment Number 1 . CXIUNCIL ACTION REQUESTED: Motion to approve Change Order Number 1 for the Navarre Water Tower Rehabilitation Project to Classic Protective Coatings, Menomonie Wisconsin in the amount of $2,500. Motion to approve Request for Payment Number 1 for the Navarre Water lower Rehabilitation Project to Classic Protective Coatings, Menomonie Wisconsin in the amount of $137,584.70. j I > Owner; City of 0#mo. PO Bo» 66, Cryttil Oay, MN 55323«66 l)af«July 25. 2005 ComiBClor. Clllfic PwHcciivc QiaUtigt Inc., N7670 Stale llighwiy 25, Mwiomontc, \VI, M75I BowdCowimny: United Flr« and CMmHyCowp«ny(lA).PO Pox 73900. CeJar Rapids. IA 52407 PptidNu:S4.|S274»> CHANGE ORDER NO. 1 NAVARRE WATER TOWER REHABtLITATION BRA FILE NO. 0001.19-04146-0 PgicrliittoB of Work Add a 12 ineb Iqr 11 inch vent hatch in bottom of tank bowl for access and ventilation during painluig. Tliis work will not change the contract compteikm date. Original Contract Amount Pravioua Change Orders Tills Change Order Revised Contract Amount (including this change order) S207.23l.00 SO.OO S2.500.00 S209.73l.00 CHANGE IN CONTRACT TIMES Original Contract Times: Substantial Completion (days or < late): September 30.2005 Ready for final Payment (days or date): October 31,2005 Increase of this Change Older: Substantial Completion (days or date): None Ready fur final Payment (days or date): None Contract Time with all approved Change Orders: Substantial Completion (days or date): Septembrer 30,2005 Ready for final Payment (days or date): October 31.2005 Recommended for Approval by; BONE! ■i A ASSOCIATES, INC. Oate: Appfoweil by Comncior CLASSIC PROTECTIVE COATINGS INC. Approved by Owner CITY OF ORONO vbil Date n Sbni^ ii Roiaie »Andertk& |\HAsnd^ bi|iPimftA^ids OwnT CHy of Ofooo. PO Box 66, Cfystii Bay. MN 55323________—Date;July 27.2005 For Period; 6/15/2005 to 7/27/2005__________________________Request No:1 Contractor Claeiir Protective CoaUngs Inc., N7670 Stale Highway 25,MerKHnonie, Wl 54751 CONTRACTOR'S REQUEST FOR PAYMENT NAVARRE WATER TOWER REHABILITATION BRA FILE NO. 000139-04146-0 SUMMARY ..................... 1 OrigiMl Contract Amount Change Order • Addition Change Order • Deduction Reviead Contract Amount Value Complelod to Date Malarial on Hand Amount Earned Lees Retainage 5% Subtotal Leas Amount Paid Prewtously Liquidatad damages- AMOUNT DUE THIS REQUEST FOR PAYMENT NO K 2 3 4 5 6 7 S B 10 11 12 t 2.500.00 $000 Recommended for Approval by; BONE8TROO, R08ENE. ANDERLK A, ASSOCIATES, INC. Approved by Conbaclor CLASSIC PROTECTIVE COATINOS INC. Approved by Owner. CITY OF ORONO 207.231 00 (209.731.00 S 144,826.00 %000 %144.826 00 s 7,241 30 $137.584 70 $0.00 $000 $137.584.70 See Attached signaiufe Spoctfied Contract CompMion Dale: Saotamber 30.2005 Date i a Mn«airji 'iFI No. 3 4 5 PART 1 - 200.000 GALLON ELEVATED RESERVOIR: MOBILIZATION EXTERIOR CLEANING. SURFACE PREPARATION, DISPOSAL, AND PAINTING (EXCLUDES CITY NAME SCHEME) INTERIOR WET CLEANING, SURFACE PREPARATION, DISPOSAL, AND PAINTING STRUCTURAL REPAIRS AND MODIFICATIONS WELDING AND GRINDING OF ERECTION BRACKET SCAB MARKS AND WELD SPATTER FULL NEGATIVE-/MR CONTAINMENT CATHODIC PROTECTION S' HIGH CHAIN UNK FENCE TOTAL PART 1 • 200,000 GALLON ELEVATED RESERVOIR: ALTERNATE 1 • PAMT APPUCATtON OF CITY NAMES: PAINTING CITY NAME SCHEME (ADD) TOTAL ALTERNATE 1 - PAINT APPLICATION OF CITY NAMES: CHANGE ORDER NO. 1 1 AddalZinchbyieindivwilhilcliInbotlafnar tank boM for teem* tnd vanSWon during pNnIng. TNs wok wM not changatM contract TOTAL CHANGE ORDER NO. 1 TOTAL PART 1 • 200.000 GALLON ELEVATED RESERVOIRi TOTAL ALTERNATE 1 • PAINT APPLICATION OF CITY NAMES: TOTAL CHANGE ORDER NO. 1 TOTAL WORK COMPLETED TO DATE Contract UnK Quantity Amount Unit QuwitHy Prica to Data to Data LS 1 4000.00 1 $4,000.00 LS 1 49S00.00 0.4767677 $23,600.00 LS |||: 1 40260 00 0 6274217 $25,260 00 LS W '31576.00 1 $31,576 00 HR 12S 75.00 100 $7,500 00 LS 1 45000.00 1 $45,000.00 LS 1 12740.00 $0.00 LF 154 70.00 77 $5,390 00 1 4000.00 2S00.00 $142,326 00 $0.00 $0.00 $2,500 00 $2,500 00 $142,326 00 $0.00 $2,500.00 $144,826.00 3 • • i';- L • .ii .V^f- \ *:>- * ‘ ?? n W^PROJECT PAYMENT STATUS OWNER CITY OF ORONO «REFI BRA FILE NO. 000139^146-0 CONTRACTOR CLASSIC PROTECTIVE COATINGS INC. CHANGE ORDERS 1 7/25/2005 This Change Order provides for additional work for this project. See Chartge Order. $2,500.00 Total Change Orders $2.500 00 PAYMENT SUMMARY No. From Payment Retainage 1 I 06/15/2005 1^07/27/05 I 137.SB4.70 Completed 7.241.30 144.626.00 Material on Hand Total Pavmoni to Dale $137,584.70 Original Contract $207,231.00 Retainaoe Pay No l 7.241.30 Change Orders $2,500.00 Total /Unount Earned $144,826.00 Revised Contract $209,731.00 ■E :-.t : ■ .^i ■ j . .i-'i. Llv.V-Clll ’Ok'S /4WD FOK AIA DOCUf4EI iT G702 (Insouciions on fcvcfsc side) p*gi- onc or 2 i»ac .es ID OWNER: City Qf orono, MN PROJECT: tiavarre Water Tower APPLICATION NO.: I PERIOD TO: 7/20/05 PROJECT NOS : Orono, MN I ROM CONTRACTOR: Classic Protective Coatings via ARCHITECT. Bonestroo CONTRACT DATE: 6/15/05 Disiribuiion to □ OWNER □ ARCHITECT □ CONTRACTOR□□ CONTRACT FOR: Rehabilitation of the Navarre Water Tower i.OWTK/.»L:it)lrTS APPLICATION FOK PAYMEMT Applicuion is m.idc for payment, as shown below, in connection with the Contract. Coniinuuiion Shcci, AIA Document G703. is attached. 1. C/!VK'ilH/'.L COUVRACl* 811111..................................1 ?.n7»2.11^Qll 2. ua dioiKjo l>y ohongo Oivloro ........................I___?,,»*inQ.jniD- The undersigned Contractor certifies that to the best of the Contractor’s knowlcdpc. infor mation and belief the Wbrk covered by this Application for Payment has been crmplrrcd In accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Certificates for I^tymcnt were Issued and pay ments received from the Owner, and that current payment shown hcicin is now due. CONTRACrOR: Classic Protective CoatingSt Inc. 3. OOUrn/vOY 8UWI VO OAYla (Line I ± 2)............1.209^-201-00.By:> -t ■n.,., 4. iL/i?>t Ct>W»H.l£TED & STORED TO DATE.........« U4,B26.Qq (Column O on C705) 5 . ra-; a ^ % of Compictcil >xiork (Columns O + E on G703) l»_____% of Stored Mnierial 7,241.30 State of: wi County of DUNN Subscribed and sworn lo before me this 21 day of July 0.00 (Column r on G703) 1bial Rcialnniie (Line Sa 5b or 7 5Ai an Ibial m Column I of G703)................................*___' * Notary Public: ^ My Commission e;tplres '2)(Jo7 fi. '. Jf -L l£/:nWi:C' LESS UCTAIMA(3G .................« 137,584.70 (Line A less Line 5 Ibtal) 7 h iU:i W1L-VIOU3 CtsITriHICATES TOH PAYMENT (Line 6 from prior Certificate)................................I--------- ARCK3TLEGii'’B F05-J iPr:v 0.00 8. CUlrtJl-W IWMEWT DOE » n7.SflA.7Q •> (AALANct: tV l-INfSI 1, mCUJOINQ RETAINAGE (Line 3 Ic.'is Line 6) * 77. lAA. TO In accordance with the Contract Documents, based on on-sne observations and the data compn.sing this application, the Architect ccnifics to the Owner that to the best of the Architect’s knowledge, information and belief the Work has progressed as indicated, the quality of the Work is in accoidance with the Contract Documents, and the Contractor is entitled to payment of the .fMOUr4T CFR I IFIHD ASaOUMT C2;7T(;i£D CHAI4GE ORDER SUMMARY ADDITIONS DEDUCTIONS loial changes approved in previous months by Owner 0.00 0.00 Total approved this Month 7, <;nn .nn gcTOTALS 7.^nn.nn cccNEI CH/.NGC;'. by Change Order 7 J «;nn r^n (Attach explanation if amount certified differs from the amount applied for. Initial all figures on ibis Applicafion and on the Contnwatton Sheet thet ere changed to conform to the amount certified.) ARCHITECT: By:_______________________________ Date:___________________ This Ceriificaic is not negotiable. The AMOUNT CERTIFIED is payable only to the Con tractor named herein Issuance, payment and acceptance of pay.mcnt arc without prejudice to any rights of the Owner or Contractor under this Contract mokmmt aoa • application and CtimFICATE for ftWMENT • 1992 edition • AIA® • O1992 • the AMERICAN INSTITUTE or ARCMITKCTS. PSS NEW YORK j j AVENUL. NW. WK:iHlNGTON. DC 2txX)6-S2y2 • tMAOMNO: IMbmod photoGOpylio vtettoo U8, oQpyrlt^ii tod aid vHE 'u» vioksor to Icscf picccsuUon. ». ..*« -I* I •• .• .U». , __- ^ 1 > * - V f; v; ..>j'tvni:!p:iypTiioM mmr AlA DOCUMENT G703 (Insiructions on reverse side)PACr 2 oi 2 I'ACrs Al^ Documcnr 0707.. APPLICATION AND CERTIFICATE FOR PAYMENT, conr.iming Conir.ictor't signed Certification, is attached. In i:ibul;iiion.'. below, amounts are stated to the nearest dollar. Use Column I on Contracts where variable rcuinage for line items may apply. APPLICATION NO: APPLICATION DATE; PERIOD TO: ARCHITECT S PROJECT NO: 1 7/21/05 7/20/05 000139-04146-0 A B c D E F c H 1 ITKM NO.DESCRIPTION OF WORK SCHEDULED VALUE WORK COMPLETED MATERIALS PRESENTLY STORED (NOT IN D OR E) TOTAL COMPLETED AND STORED TO DATE (D fF. ♦ F) It (C + C) QAUNCE TO FINISH (C . C) RETAINAGF. (IF VARIAULEJ RATE)FROM PREVIOUS APPLICATION (D ♦ E) THIS PERIOD i.Mobilization 4,000.00 0.00 4,000.00 0.00 4,000.00 lOOZ 0.00 200.00 2.Structural Repairs 31.576.00 0.00 31,576.00 0.00 31,576.00 lOOX 0.00 1,578.00 3.Surface Repairs 9,375.00 0.00 7,500.00 0.00 7,500.00 80X 1,875.00 375.00 4.Containment 45,000.00 0.00 45,000.00 0.00 45,000.00 lOOX 0.00 2,250.00 5.Blast Prime Int.25,260.00 0.00 25,260.00 0.00 25,260.00 lOOZ 0.00 1,263.00 6.2nd Coat Int.7,500.00 0.00 0.00 0.00 0.00 OX 7,500.00 0.00 7.Finish Coat INt.7,500.00 0.00 0.00 0.00 0.00 ox 7,500.00 0.00 8.Blast Prime Ext 29,500.00 0.00 23,600.00 0.00 23,600.00 SOX 5,900.00 1,180.00 9.2nd Coat INt 10,000.00 0.00 0.00 0.00 0.00 ox 10,000.00 0.00 10.Finish Coat Int.10,000.00 0.00 0.00 0.00 0.00 ox 10,000.00 0.00 11.Fence 10,780.00 0.00 5,390.00 0.00 5,390.00 ox 5,390.00 269.50 12.Cathodic Protection 12,740.00 0.00 0.00 0.00 0.00 ox 12,740.00 0.00 13.Logos 4,000.00 0.00 0.00 0.00 0.00 ox 4,000.00 0.00 14.Change Order Retch 2,500.00 0.00 2,500.00 0.00 2,500.00 lOOX 0.00 125.00 209,731.00 0.00 144,826.00 0.00 144,826.00 Variei 64,905.00 7,241.30 4 r Ml, uoouumt cma • cohtinimtion .smekt kj« coi • mi edition • aia * • ©wi • the A merican wsTiTure op AJioiiTtcn. I’is nesp \ork f.t'^ I AVENUE, n w. smashincton . oc i<wnb.Situ • WMItmO: IMeansed photoeopyEAQ vtobM Uik oopaiiahl kaw aid oB udijaat Cia la bjal ;irac;auUan.bf/VO-JUO-J W i DfM IM/^M •«r-cTT||SJQ REQUEST FOR COUNCIL ACTION ® CITY OF ORONO DATE: August 8,2005 ITEM NO : /*/ DcpartaiCBt Approval: Nam Gregoiy A. Gappa THIc Director of Public Services Administrator Reviewed: Agenda Section: } Public Services Director's Report Item Descriptiott: Approve Eminent Dom^n Settlement Baldur Park Drainage Easement Phase 1 of the Birch Lane/ Baldur Park Road drainage project was constructed in 2004. This project was to install concrete curb and gutter and catch basins on Birch Lane. The street was crowned, so the water drains along the curb and gutter into two catch basins at the Birch Lane/ Baldur Park Road intersection. The water from the catch basins on both the north and south sides of Birch Lane now drains south to Crystal Bay. Phase 2 of this project is to construct a pipe and swale system to drain the water from the north side of Biieh Lane to North Arm Bay which would provide for filtration of the stormwater through a large wetland before discharge into the lake. This project includes the irwtallation of a 10” pipe in the City right of way on the west side of Baldur Park Road to a point 150 feet north of the intersection and then construction of a drainage swale because the ground elevations are too low to continue the pipe. The swale would continue north along the road right-of-way and then cross a small privately owned vacant unbuildable parcel to drain the water into the wetland adjacent to North Arm Bay. Construction this swale will require the City to obtain a drainage easement. The City initially offered the property owner $1,500 for the drainage easern'TiC. The property owner rejected the City ’s offer, so an appraisal was completed that set a value of $1,600 for the drainage easement. The property owner then requested that the City purchase the entire parcel at a cost of $16,000. On December 13,2004, the Council approved a resolution authorizing the City to begin eminent domain proceedings to acquire the drainage easement. The City attorney has reached a settlement agreement with the property in the amount of $3,500 for the drainage easement. The staff recoirunendation is for the City to accept the $3,500 settlement to Gary Spindler for the Baldur Park Drainage Easement Eminent Domain Proceedings with payment of this settlement from the 2005 Stormwater Fund Budget which will require a budget adjustment. COUNaL ACTION REQUESTED: Motion to approve payment of the settlement in the amount of $3,500 to Gary Spindler for the Baldur Park Drainage Easement Eminent Domain Proceedings from the 2005 Stormwater Fund Budget, and approval of a budget adjustment to reflect this expenditure. • •f-r-T 'MG DATE: A«g«st 4,2005 ITEM NO: y5^ REQUEST FOR COUNCIL ACTION AUG 6 2005 Cll VUF OHUNO Dcpartatat Approval: Naac RomM J. Moone Tittt City Administrator Administrator Reviewed: Item Description Mn/DOT Traffic Slpal Agreement-Resolution Agenda Section: City Administrator’s Report The Council, at its June 27,2005 meeting, approved the terms of a traffic signd agreement with Mn/DOT related to the traffic signals for the two intersections on the planned interchange at County Road 6 and Highway 12, and authorized the Mayor and City Administrator to sign an agreement with Mn/DOT. As part of Mn/DOT ’s signal agreement approval process, the city needs to adopt a resolution the City of Oiono to enter into a cooperative agreement with Mn/DOT related to the traffic signal improvements. The resolution is attached for Council adoption. ii COUNCIL ACTION REQUESTED: Motion to approve the adoption of a resolution authorizing the City of Orono to enter into a cooperative agreement with Mn/DOT related to the traffic signal improvements at the County Road 6 and Highway 12 interchange. ' ■•'..-I' Mm wmmmm '■'■r'M;* w--' L . : I >n II fH i A RESOLUTION AUTHORIZING THE CITY OF ORONO TO ENTER INTO A COOPERATIVE AGREEMENT WITH MN/DOT RELATED TO TRAFnC SIGNAL IMPROVEMENTS BE IT RESOLVED that the City of Orono enter into an agreement with the State of Minnesota, Department of Transportation for the following purposes, to wit: Remove the existing Traflic Control Signal, and install new Traffic Control Signals with Street Lights, Emergency Vehicle Pre-emption, Interconnect, and Signing on Trunk Highway No. 12 at County State Aid Highway No. 6, North and South Ramps, in accordance with the terms and conditions set forth and contained in Agreement No. 88106R, a copy of which was before the Council. BE IT FURTHER RESOLVED that the Mayor and the City Administrator be and hereby are authorized to execute such agreement and any amendments, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. Adopted by the City Council of the City of Orono, Miiuiesota at a regular meeting held this 8th day of August, 2005. ATTEST; Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Page 1 of 1 : ■ i ‘ 'M fT': ■> . i\ f I ••'“CTING AUG d 2005 REQUEST FOR COUNCIL ACTION ORONO DATE: Augusts,2005 ITEM NO: l(c DcpMUnnH Appro Namt Lin Vee THle City CleA >vnl:Adniatotrator Afciida Scctton: Licenses Item Description: List of Licenses for ^uncil Approval SFECIAL EVENT 1. Applicant:Laura Welch Riviere Event:Yard Party with Music Location:1453 Park Drive Date:Saturday, August 27,2005 Time:Noon - Midnight 2. Applicant:Mimi Ryerse, Long Lake Area Chamber of Commerce Event:2005 Com Days Parade Location:Parking on Hackberry Hill Date:Sunday, August 14,2005 Time:11:30 a.m. - 1:30 p.m. 3. Applicant:Eric Vogstrom, Vogue Homes Event:2005 Fall Parade of Homes Location:2618 Casco Point Road Date:September 10 - October 9,2005, Thursdays through Sundays Time:Noon - 6 p.m. COUNCIL ACTION REQUESTED: Motion to approve/deny the above listed licenses. «VV CITY OF ORONO SPECIAL EVENT PERMIT Date luucd: Date of Event: August 8, 2005 Saturday, August 27,2005 Type of Event: Tine: Location of Evt at: Yard Party with Music Noon • Mi^ight 1453 Park Drive Name of Pcrson(a) And/or Organiaation Sponsoring this Event: Laura Welch Riviere 1453 Park Drive Orono,MN 55364 Phone: 952-472-8962 The following documents are required and on file at the City Administrative Offices: • Approval from Orono Police Department • Approval from Orono Building and Zoning Department The following conditions have been placed on this event: • By acceptance of this special event permit, the permit holder, on behalf of any and all organizations and private persons, is granted authority to operate under the special event permit, and agrees to indemnify and hold harmless the City of Orono from all claims arising from said event. The permit hol^r, all organizations and private persons exercising authonty under this permit, do waive and release all claims against the City of Orono, its officers or employees for any damage to person or property arising from the exercise of privileges granted by this permit and agrees to hold harmless the City of Orono, its employees and oiTicers from any such claim. • The Orono Police Department and its officers are empowered to revoke this special event permit at any time for any safety concerns that are not immediately resolved by the permit holder or a representative of the permit holder. This revocation shall cause the immediate cancellation of the event originally authorized by this pen. lit. • Parking should be limited to oue side of Park Drive. Applicant has indicated many of the guests will be arriving via boat. The Orono Police Department has notified Mernepin County Water Patrol of the event. • Live music to be allowed from 2:00 p.m. - 10:00 p.m. Police reserve the right to end the music K the sound becomes unmanageable and/or creates too many complaints in the opinion of the on duty police supervisor. • Notification to be provided to the neighborhood regarding the even* ictivities, hours, and a coi;.act name and phone number for any questions or concerns regarding this event. • If liquor is available, it is not to be provided to persons under the age of 21. • Police may issue citations for any city or state ordinance or statute violations. Approved at City Council meeting on: August 8.2005 (City Seal) Ronald J. Moorse, City .Administrator 2750 Kelley Parkway, P.O. Box 66. Crysul Bay. MN 55323 Phone: 952-249-4600 / Fax: 952-249-4616/www.ci.orono.mn.us 1 Date IiMicd: Daleof Eveat: Time: m>v. CITY OF ORONO SPECIAL EVENT PERMIT August 8,2005 Sunday, August 14,2005 11:00 a.m. - 1:30 p.m. Name of Pcrsoa(s) And/or Organiiatlon Sponsoring this Event: MimiRyerse Long Lake Area Chamber of Commerce P.O. Box 662 Phone! Long Lake, MN 55356 952473-4913 S ' -is. 'S Location of Event: Long Lake Parade Route Parking on Hackberry Hill Type of Event:2005 Com Days Parade The following documents are required and on file at the City Administrative onkes: • Approval from Ormo Police Department • Approval from Orono Building and Zoning Department The fellowiBi coadUloM have been placed on this event: • By acceptance of this special event permit, the permit holder, on behalf of any and all organizations and private persons, is granted authority to operate under the q)ccial event permit, and agrees to indemnify and hold harmless the City of Orono from all claim arising from said event. The permit holder, all organizations and private persons exercising authority under this permit, do waive and release all claims against the City of Orono, its officers or employees for any damge to person or property arising from (be exercise of privileges granted by this permit and agrees to hold harmless the City of Orono, its employees and officers from any such claim. • The Orono Police Department and its officers are empowered to revoke this special event permit at any time for any safety concetiu that are not immediately resolved by the permit holder or a representative of the permit holder. This revocation shall cause the immediate cancellation of the event originally authorized by this permit • Parl^ is to be restricted to ONE SIDE ONLY of Hackberry Hill, Maple Lane and Elm Lane. Vehicles must not block private driveways or imersections. • No vehicles may be parked on Willow Drive. • No vehicle parking in Hackberry Park. • Watertown Road must be kept fully open. • All signs will be lemoved at the end of the event. • Any debris created by the event must be cleaned up. Approved at City Council meeting on: August 8.2005 (City Seal) Rtmald J. Moorse, City Administrator 2750 Kelley Parkway, P.O. Box 56, CrysUl Bay, MN 35323 Phone: 952-2494600 / Fax: 952-249-4616/www.ci.orooo.mn.us CITY OF ORONO SPECIAL EVENT PEILMIT Ihite Itracd: Date of Eveat: Tlow: August 8,2005 September 10 - October 9,2005 Noon - 6:00 p.m. Thursdays through Sundays Name of Pcnoa(s) Aad/or Organization Sponsoring this Event: Eric Vogstrom Vogue Homes 20840 Channel Drive Phone: Greenwood, MN 55331 612-250-9500 Location of Event: 2618 Casco Point Road Type of Eveat:2005 Fall Parade of Homes The foUowlag documents are required and on file at the City Administrative Offices: • Approval from Orono Police Dq>aitment • Approval from Orono Building and Zoning Department The following conditions have been placed on this event: • By acceptance of this special event permit, the permit holder, on behalf of any and all organizations and private persons, is granted authority to operate under the special event permit, and agrees to indemnify and hold harmless the City of Orono from all claims arising from said event. Th^ permit holder, all organizations and private persons exercising authority under this permit, do waive and release all claims against the City of Orono, its officers or employees for any damage to person or property arising from the exercise of privileges granted by this permit and agrees to hold harmless the City of Orono, its employees and officers from any such claim. • The Orono Police E)epartment and its officers are empowered to revoke this special event permit at any time for any safety concerns that are not immediately resolved by the permit holder or a representative of the permit holder. This revocation shall cause the immediate cancellation of the event originally authorized by this permit. • No parking is to be allowed on Casco Point Road for this e\ cnt. • Dunwoody Avenue and Casco Point Road at County RD 15 sh''uld at each intersection have a large sign (28 ” x 28 ” min.) that states “NO PARADE OF HOMES PARKING ALLOWED - VIOLATORS SUBJECT TO TICKET AND TOWING - Free shuttle bus at Calvary Memorial Church. 2420 Dunwoody Avenue”. • Casco Point Road is to be posted for 300 feet on both sides of the road and at either end of the house with smaller signs stating “NO PARDAE OF HOMES PARKING - VIOLATERS TAGGED AND TOWED”. Posting to be every 75 feet (total of 16 signs). Posting to be done by contractor. Contractor is to ensure signs are maintained during the event. • Shuttle bus is to use the home's driveway for turnaround or travel the full length of Casco and use Casco Circle for the turnaround. Any discharge of passengers shall be done either in the driveway or as the bus is heading out of the Casco area so there will be no pedestrian traffic crossing Casco Point Road. 2750 Kelley Perkway. P.O. Box 66. Crysttl Bay. MN 55323 Phone: 952-249-4600 / Fax: 952-249-4616/www.ci.orc'.o.mn.us Y-W Special Event Permit Fall Parade ef Homes 2618 Casco Point Road Page: • The contractor will provide a name and phone number for a live person (no voice mail) to all residents of the Casco Point area, including Dunwoody Avenue, and to the Orono Police Department of a person who will be able to resolve any conflicts on behalf of the contractor during the event hours. This will be by sendinga letter to all residents before the event. There should also be a listing of the dates and times of the event in the letter. • Contractor to remove all signs every Sunday and reinstall every Thursday nnoming. • Contractor to clean up any event-generated debris and waste. Approved at CUy Council meeting on: August 8,2(X)S (City Seal) r Ronald J. Moorse, City Administrator i A. - V- ■ r dt * mS:y »/’€ -.A > ‘ ; . sa '.y- : i 'r-ifSP ilk 2750 Kelley Parkway, P.O. Box 66, Crystal Bay, MN SS323 Phone: 932-249-4600 /Fax: 932-249-4616/www.ci.oroDO.mn.us ....i i »r T CITY OF ORONO OUOUOS 9:42 AM Pa^el *Check Detail Register®AUG 6 2005 GirV OF OHONO (S> i AUOUST 200S Cheek Amt Invoice Comment 10100 Primary Caeh f^atd ChMI DflMI TO20O9 ACC HARDWARE E651-49910ms Other Equipment Rentals Total ACE HARDWARE $319.50 S«Excavator rental $319.50 TOdCSarSouti—58535 austar electric E 602-49450406 Repaks/Malnl-Swr Ines/IHts E 10142110-404 Repairs/Maint-BMgs/Grounds E 10141900404 Repairs/Maint-BldosKjrounqs Total ALL STAR ELECTRIC $525.35 9133 $391.54 9155 $913.60 9155 LS 913 Repairs Check Emerget>cy UgMing Check Emergeitcy Lighting $1.83049 •pajctSSnSuSS 585335 Ju Sed waste services E10146200404 Rapairs/Maint-6Mgs/Grounds E10146200404 RapaksMainl-BldgsASreunds E10141900404 Rapairs/Maint-Bldgt/Grounds E 61349630404 RepairsIMaint-BWgsrOrounds $94.77 0694-0001430 Solid Waste - Bodetwood $109.16 0694-0001430 Solid Waste • Summit $299.61 0894-0001430 Solid Watte - CH $81.61 0984-0014307 Solid Waste - GC Total ALLIED WASTE SERVICES $585.15 $170.00 8/1/05 $170.00 8/1/05 $340.00 Park Minutes 8/1/05 CC Minutes - 7/25 Paidci^06i444 585555 andersoh , kristi E 10145200-319 other Professional Services E 10141300-319 Other Professional Services Total ANDERSON. KRISTI ChM TSTiaa S—85555 aramark refreshment wftvi«u E10141900-201 Office supplies $62.75 6013465547 Coffee-PW E 10142110-201 Office supplies $114.95 6013-465548 Coffee-PO E10141900-201 Offiee suppies $99.95^6013485949 Coffee-CH Total ARAMARK REFRESHMENT SERVICES $237.65 'TOdcf55”5i446 55205 auoies mobile chef E01349900-003 Concessions For Resale-Txbl Total AUOIES MOBILE CHEF $60.06 23491 Hot Dogs. Cheesburgers $60 06 P5ida5dr061447 6/8/2005 BUDGET PRBITIHO E 10142110-201 Office supplies E 10142110-201 Office supplies E 10141900-201 Office supplies E 10142110-322 Postage E 10142110-201 Office supplies Total BUDGET PRINTING $151.05 $268.11 $..0.71 $8.42 _$76JB6 $5"3'l.15 5044 5162 5369 C385 6219 Envelopes. Note Cards Time off Requests Large Doc Copies UPS CHARGE No Parking Signs thKi'081448"* 6/8i2005 BUFFALO BITUMINOUS INC. E10143000-224 Street Maim. Meleriele/Sopply W.533 67 Total BUFFALO BITUMINOUS INC. $5,533.87 3064 Patching pJS ‘ChWr08T449 iiSHOoC CEMSTONE E 60249490-406 Repaifs/Maint-Swr lines/Hfls E 65149910406 Repairt/Mamt-Swr lines/hflt E 10141900404 Repairs/Maint-Bldgi/Grounds E 101-41900-404 Repairs/Maint-Bldgs/Grounds Total CEMSTONE $191.43 $743.64 $’78 85 _^6^54 52.477 46 307669 317165 318469 319399 Pad - Dahl Rd LS Cement - B'own Road Catch Basi Cement - CH Sidewalk Cement - CH Sidewaik Paid C'hWf* 061490'552009 CENTERPOINT ENERGY E 60249490-381 GasSEIectnc E 10141900-361 GssAEIectnc E 10141900-381 Gee A Electric $2580 $5402 $51 47 060006750600 Gas Service 060006790600 Gas Service 060006790600 Gas Service CITY OF ORONO 08/05/05 9:42 AM Pa9t2 Li'. .. *Check Detail Register© *f > U* AUGUST 2005 ClMCk Amt Invotc* Cowmtnt E 101*42260-381 Ou&ElMtrIc E 613-49030-351 OMAElKtrie E 101-42110-351 0» 5 Electric E602-404SO-351 Oat 5 Electric E 601-49400-351 Oes 5 Electric E 601-49400-351 Gee 5 Electric Telil CENTERPOtNT ENERGY $45.97 $1620 $44 20 $12.50 $5.6C $411.44 060006750600 Gas Service 060006750600 Gat Service 060006750600 Gat Service 060006750600 Gat Service 060006750600 Gat Service 060006750600 Gat Service $670.20 ■RSdCWyoSusi W200S C1TYVieiNP1.UI«BINO 5 HEATING E101-41900-404 Repairt/Maint-eidot/Groundt $1,396.00 26637 CH Water Heater Tolat CITYVIEWm.UIMMNG 5 HEATING $1.396 00 ‘iSU tnof d6uS2 vifioos culssic protective coatings 0601-16500 Fixed Aaaet-Contt. in prooreta $144,826.00 RFPil G 601-20600 Contrecta Payabla ($7.241.30) RFPei Tolat CLASSIC PROTECTIVE COATMGS $137,584.70 RFPei Nav Tower Painting RFPil Nav Tower Painting TTid 6hli0 06143.3 0/0/2005 DEPT OF AON - INTERTECH GROUP E 101-42110-321 Telephone E 101-41000-321 Telaplwne E 101-42110-321 Telaphone E 601-49400-321 Telephone E 602-40450-321 Telephone Total DEPT OF AOM-INTERTECH GROUP $37.00 $73 86 $5278 $1231 $36 93 OV05060283 W05060569 W05060569 W05060569 W05060569 PVC Circuit Phone Service Phone Service Phone Service Phone Service $212.66 T5j3fch5T55i454—5/512005 emergency automotive tech inc 0651-16420 Fixed Aitet-other equipment $366.99 ST062905-7A Safety Lights - Sweeper Total EMERGENCY AUTOMOTIVE TECH INC $358.99 Paid Chki 061459 5W2005 ESCHELON E101-42260-3<1 Telaphona Total ESCHELON $360 26 6425807 Phone Service • Nav Fire $360 28 PM Chki 0^14^ 8/8/2005 FORTIS BENEFITS G 101-21713 LTD Insyriiica ToM FORTIS BENEFITS $876.69 4019825-1 LTD-8/2005 $876 69 'PMtfWcToiFiTf8W2005 OEKt^RVICES E 101-43000-221 E 601-49400-226 E 613-49830-226 E 602-49450-226 E 101-43000-226 E 101-43000-226 E 613-49830-226 E 602-49450-226 E 601-49400-226 E 602-49450-226 E 601-49400-226 E 101-43000-226 E 101-43000-221 E 613-49830-226 Equipment Parts S Accetsohes Clothing S personal equipmem Clothing S personal equipment Clothing & personal equipment Ciothmg & personal equipment Clothing & personal equipment Clothing & personal equipment Clothing & personal equipment Clothing S personal equipment Clothing & personal equipment Clothing & personal equipment Clothing 8 personal equipment Equipment Parts & Accessories Clothing 8 personal equipment Total 0 8KSERVICES $53 41 $1480 $6 34 $44.40 $88.77 $65 58 $6.34 $42.78 $1426 $44.40 $1480 $88.77 S53.41 $6 34 1006514632 10065141.32 1006514632 1006514632 1006514632 1006520955 1006520955 1006520955 1006520955 1006527272 1006527272 1006527272 1006527272 1006527272 Shop Towels Uniforms Uniforms Uniforms Uniforms Uniforms Uniforms Uniforms Uniforms Uniforms Uniforms Uniforms Shop Towels Uniforms $564.40 Pad ’ehk#'06149e''6/8f2009 OERRINO*8 CAR WASH E 101.42110-402 Rapaira/Maint.Aulo Equip .. .. • •• w •«*•» ■ • • $32 00 6/2005 SquiO Washes oT O' ^i4^ CITY OF ORONO *Check Detail RegIsteitS) 06/0SA)5 9:42 AM Page 3 Total OCMtlNO*t CAR WASH AUGUST 2005 Chaek^ Ifivotca Cowimant, $32.00 PaktChki 00U99 E 10M240 .t;.v:r.r oiMS.wiuje G7 Training S Oovatopmant Tout oises.wiLue $139.54 7/18105 Miiaaga/Maala Training $139.54 V'aidChWi 681480 MOMS GOLF CAR MIDWEST E 01340830415 Ottiof Equipmant Rantala E 81349830-370 tnauranca Daducttoiaa Total GOtP CAR MIDWEST $1,800.00 073105 $55.10 501085 CART LEASE 8/2005 Call Rapain $1,695.10 Targwarsrrsi s/Sgom gs direct E 80140400-201 ORioasuppiaa E 60240450-201 Offloa tuppHaa E10141000-201 OffleasuppUaa E101-4211G201 Offloa auppNaa Total G8 DIRECT $49.15 203375 $49.15 203375 $49.15 203375 $49.14 203375 PloltarSuppBaa Plottar SuppWaa Ptottar Suppliaa Plottar SuppUaa $196.59 l^ald ChiW 081^2 8/8/2005 HAWlOMS CHBMWAL E 00140400-210 Chamicala and Cham Producta Total HAWKINS CHEMICAL $150.01 730912 Chamicala $150.01 TSTSKonsrsni yfrrtw.HENN^ COOPSEED EXCHANGE E101-43000-224 SUaat Mahit Matariate/Supply $108.62 105415 E 1C1-43000-224 Straot MalnL Matoflala/Supphr $62.54 106147 Total HENNEPIN C04)P SEED EXCHANGE $191.16 Heftidde Propane "081484 ---ssasos HYDRO KlfTtRINO TECHWOLOOY E 60140400-227 Utillly Syatam MafflL Suppliaa $2,019.48 30277 Total HYDRO METERING TECHNOLOGY $2,019.48 Melen for Reeale TOdChi5T8l469 8®2005 LABOR RELATIONS ASSOC E 10142110-319 Othar Profaaalonal Sarvicaa $1,406.00 7/1/05 Total LABOR RELATIONS ASSOC $1.408 00 Cartaon Matter. LELSAibitrat ■p5dCt«ar6ll486 8rtS5M LAKE AREA POWER EQUIPMENT E 10143000-221 Equipmant Parta 8 Accoaaoriaa____$19.00 57796 Chain Tout LAKEAREAPOWEREQUWMENT $19 00 •SHChtr681467 RWOOS MCLEOD U8A • PHONE BIU5 m' E 60240450-321 Talaphona E 60149400-321 Tataphona E 60149400-321 Talaphona E 60249450-321 Talaphona E10142110-321 Telephone £10141900-321 Talaphona Tout MCLEOD USA-PHONE BILLS $54.69 Phone Service $4962 Phofw Service $23-44 Phone Service $46-12 Phone Service S21C.95 Phone Service $492 21 Phone Service $877.03 Paid ChkV 0''i468 ” 8/WOO^ ME'diW 0 101-21706 Hoapil*«ation/Madicai Inf G 101 -15009 Non-Employaa Health Ina E 10142110-135 City Benefit Contribution G 101 -21706 Hoapitalization/Madical Ina G101-21706 Hoapitalisation/Madical Ina 0 101-15008 Non-Employaa Health Ina G101-21706 HoapitalbationAtadical ina 510.996 57 $1,17512 $374 75 $1.760 70 $11.770 55 $731.11 $731.11 105213102552 High-8/2005 105213102552 High-8/2005 105213102552 High-8/2005 105213122585 Low-6/2005 105213125488 Elect-8/2005 105213125488 Elect-8/2005 105213134225 Etaantlala - 6/2005 ii CITY OF ORONO 06A}5A>5 9:42AM Pag* 4 Check Detail Registers) ‘ ak AUGUST 2009 Chack Amt Involf Commant ToM MEDICA 927,941.91 " VAS oM MEYOrS OUTDOOR SERVICES E 101-49200-404 Rtpalra/Maint-8W0t/Grounda E101-49200-404 Rapaka/Maint-Bldga/Grounds Total MEYEirS OUTDOOR SERVICES 92.000.00 2159 92.000.00 2170 Park Mowing Park Mowing 94.000.00 PaidChki 6i^4^.TT.TrW 9 WOWEST FUELS E101-43000-212 Motor Fuela S Lubricants 0101-14101 Oasolino Invontoiy Total MIDWEST FUELS 92.331.60 27427 95.489.91 27427 1155galsOiesat 2583 gals unlaaded 97.821.51 Pisrghki OiRT ti "^135505 MINNESOTA CLE E10M21KM37 Training A Development E101-42110-437 Training A Oevelopmem Total MINNESOTA CLE 5250.00 Erickson 5250.00 Good Criminal Just Inst • Erdkson Criminai Just Inst • Good $500.00 cS3ro5i4?5 Minnesota conway E101-4190D404 RopairsMaM-BMos/Oreunds Total MINNESOTA CONWAY ’rayasniww mnoia MINNESOTA UC FUND E101-42110-142 UnomptoymantBanonPaymanls 9383.07 353119 Extingulshor Service 9383.07 9701.88 7989288 2nd Qtr 2005 - Carl«on Total MINNESOTA Ue FUND 9701.68 ?iid CM M1474 tItaOM MN GOVT FIN. OFFICEM ASSN E 101-41900-437 Training 8 Davolopment E 101-41900437 Training A OovolopmenI Total MN GOVT FW. OFFICER'S ASSN 9200.00 Kuehn 9200 00 Olson 2005 Conference 2009 Conference 9400.00 Ifeid'^wSTSiSrs SiSoM mn heart clinic p a E10142110437 Training 8 Oevetopment Total MN HEART CLSMC PA 92.408 00 072905 PHYSICAUC PHARO 92.408.00 PaS’ChM 081476 8/6/2005 MTIDIST CO. E 61340630-223 BWg/Grounds MaM. Supplios E 61349830-223 Bldg/Orounds Maint. Supplies ToUl MTI DIST CO. 9244.95 479784 964.12 479806 Timing Mecli Irrigation Supplies 9309.07 Paid ChWI 081477 8/8«005 NCPERS GROUP UFE INS G101-21710 Life Insurance __ 9496 00 6732805 Total NCPERS GROUP LIFE INS ' 9456.00 Pera Life 8/2005 Paid'ChMI 081478 8/8/2005 NEXTEL COMMUNICATIONS E 10141900-321 Telephone S313.86 E 60149400-321 Telephone 933.90 E 60249490-321 Telephone 9101.70 E 61349830-321 Telephone 94713 E 10142110-321 Telephone ___ Total NEXTEL COMMUNICATIONS 9*1.317 67 326180427 02 326180427-02 326180427-02 326180427-02 506573311-44 PWCeR Phones PW Cell Phones PW Cell Phones PWCeH Phones Police Ce:i Phones ■ few** m «»• Paid ChK« 061479 8/A2009 NORLINO*8 E101-45200-404 Rapairt/Maint-Bldga/Grour)df Total NORLINO'S S405 26 20184 UafHltcapa Maint • Nav Park $405 28 --------- WV 'W >— -■ *— —V- • ■Paid' Chkf '081480 8/8/2005 OFFICE DEPOT e 10142110-201 Office supplies 9127 66 300122283-00 Office Supplies CITY OF ORONO 08A)V0S942Aiyi PajjaS m *Check Detail Register® AUGUST 2009 E 101-41900-201 Office suppOM Total OFFICE DEPOT ChockAmt Invoico Commont $127.68 300122283-00 Office Supplies $255.36 >ii(l Chk*' 681481 ^W8«005 OU) DUTCH FOODS INC. E 613-49000493 Concesstont For Resele-Txbl Total OLD DUTCH FOODS INC. ^aidShiSroStaS? $26.88 105794 Chips for Resale $26.88 KK)5 PALMER, OREO E101-43000-226 Clothing 8 personal equipment $113.05 8/1/05 2005 Safety Boots Total PALMER. OREO $113.05 PaM Chk* 081483 8ffi/2005 PIRTEK E 101-43000-221 Equipment Parts 8 Accessories $8802 PL28500 HydruaHc Hoses Total PIRTEK $88.02 >rtdChkITiviB4 8ffi/2005 PRUDENTIAL UFE INSURANCE G101-21710 Ufe Insurance $85.26 96234 0101-21710 Ufa Insurance $650.40 96234 0101-15998 Non-Employee Health Ins $0.00 96234 Total PRUDENTIAL UFE INSURANCE $735.66 Life Insurance - 8/2005 Life Insurance - 8/2005 Life Insurance - 8/2005 Pa¥5hl5T9UM“‘4««005 QWEST E 613-49830-321 Telephone $61.49 9524739904 Phone Service - GC Total QWEST $61.49 piwrShkP 081486 MI2006 RICKS SUPERVALUE E 613-49830-223 Bldg/Orounds Main!. Supplies E 613-49900-092 Soft Drinks For Resale Total RICKS SUPERVALUE $13.16 072905 $10 20 072905 SUPPLIES/GOLF POP/GOLF $23.36 PiidChWr081487 mmm ruppert appraisal 8 consult E 101-43290-800 Special Projects, Contingency $3.000 00 1078 Total RUPPERT APPRAISAL 8 CONSULT $3.00000 Appraisal - 3> 5 OCB Rd ’^'C iTm 081488 8ffiO005 SAFETY SIGNS E 601-49400-415 Other Equipment Rentals E 602-49450-415 Other Equipment Rentals E 101-43000-415 Other Equipment Rentals E 101-43000-415 Other Equipment Rentals Total SAFETY SIGNS $43.n 51094 $175.73 51095 $230.57 51096 $207.68 51097 Barricade/Signs - Nav Wtr Barricades Barricade - H Brown Barricades - KeilyA/VUlow $657.11 Paid'ChiaToll489 8?8«005' SCHARBER 8 SONS E 101-43000-221 Equipment Parts 8 Accessories E 101-43000-221 Equipment Parts 8 Accessories E 101 -43000-221 Equipment Parts 8 Acceiisories E101-43000-221 Equipment Parts 8 Accessories Total SCHARBER 8 SONS $62.17 2050488 $33 48 20505-. S1C 03 2050556 J4036 2050714 $146.04 Cham Saw Supo^ies Cut O f Saw Supoiies Spari' Plugs Filters Paid Chki 081490 8/8/2005 SECURITY RESPONSE SERVICES E 101-42110-401 Pepatrs/Maint-Office Equip ___Si 60 00 19743 Total SECURITY RESPONSE SERVICES $180 00 Wave Reader Software Paid ChWI OOUtir' 8/W066 .....SPINDLER. GARY AND*' G 651-16500 Fixed Asset-Const in progress Total SPINOLER. GARY AND Piid Chita osTaof'' 8/W005 ''spr Ino park .'ci W6f S3 500 00 7/26/05 Birch Lane SiWtr Conoemnation S3.50000 CITY OF ORONO 08/0505 9:42 AM Pages *Check Detail Register® AUGUST 2005 0101*19999 Suspente Account Tout SPRING PARK, CITY OP CheckAmt Invoieo 5450.00 071305 Conijnent F0RTITUREO6 FORD EXP $45000 'Paid Chki 081493 800005 ST. PAUL, CITY OF E 101*42110*437 Training 8 Development Total ST. PAUL, CITY OP 5125 00 90037 Background Inv • McNicnois $125.00 Paid Chki 081494 8/80005 SUN PATRIOT NEWSPAPERS E 61349830*340 General Advertising E 10141900*352 Printing S Publishing E 10142400*340 General Advertising E10142400-340 General Advertising Total SUN PATRIOT NEWSPAPERS $104.00 370 $513 42 6405 $366.16 6505 $382 08 7205 Golf Guide Ord No 25 Applications Applications $1.36566 >aid bhki 0814^5 8/8/2005 THORPE OIST CO. E 613499004)91 Bear For Resale Total THORPE OIST CO. $114 00 38100J Beer for Resale $114.00 Paid ChMI MiW 8/8/2005 TRI STATE PUMP E 61349830*221 Equipment Parts & Accessories TottI TRI STATE PUMP $62.99 24548 GC Pump $62 99 Paid Chki 081497 e««005 VERIZON WIRELESS E10142110-321 Telephone ToUl VERIZON WIRELESS $143.08 3621920514 Ceil Phones $143.08 ?eBcfIwroli498 8««005 VOGT HEATINGS AIR E10142110404 Repairs/Maint-Bldgs/Grounds E10141900404 Repairs/MaInt-Bldgs/Grounds Total VOGT HEATING SAIF. $438 27 303129 $438 26 303129 Main! Contract MainI Contract $676.53 'Pa'id'ChM 08U99 8/8«005 WASTE MANAGEMENT *TC WEST E10141900489 Other Miscellaneous Charges E 10141900-489 Other Miscellaneous Charges E 1014ig00-489 Other Miscellaneous Charges E 10142260-489 Other Miscellaneous Charges E 10145200-223 Bldg/Grounds Maint. Supplies E 10145200-223 BWg/Grounds MainL Supplies E 10141900489 Other Miscellaneous Charges Total WASTE MANAGEMENT-TC WEST $77 35 $91.42 $105.48 $77.35 $77.35 $77 35 $25321 1149986*1 S33* SOUO WASTE 1149989-1593- SOLID WASTE/PD 1149990-1593- SCUD WASTE 1149991-1593- SOLID WASTE- 1149992-1593- SOLID WASTE 1149993-1593- SOLID WASTE 1149994-1593- SOLID WASTE $75951 PiidfciikiWisob ”"8/8/2605 westwood professional services E 10143290-800 Special Projects. Continger»cy $95 00 0506029 LDNSCP-RESTORE PLAN Total WESTWOOD PROFESSIONAL SERVICES $95 00 Paid Ciiki bafsor"'8/8?20M WRIGHT HENNEPIN ELECTRO E 10143000-361 Gas 6 Electric $33 84 080805 E 602-49450*381 Gas S Electric $23 76 080805 E 10143000-381 Gas 6 Electric $18 46 701905 Total WRIGHT HENNEPIN ELECTRIC $76 06 ELECTRIC ELECTRIC ELECTRIC PaW ChS‘'681502 ' ilHiOOi ' YOUNOVjACKiE E101-41300-319 Other Professional Services E10141300-319 Other Professional Services E13142400-319 Other Professional Services E 10142400-319 Other Professional Services $145 00 072505 $170 00 072505 $350 00 072505 $45500 072505 COUNCIL WTG COUNCIL MTG PLANNING MTG PLANNING MTG CITY OF ORONO *Check Detail Registei® 06A>S/05942AM Page? Total YOUNO, JACKIE 061903 MniiA zahlb 6uipiieht "* E10141600404 Rapoita/Maint-Bldgs/Oroiinda Total ZAHL EQUIPMENT AUGUST 2009 ei^t^ Iwvelco Conwwnt 91,120.00 1199.29 012505WN REPtAIR FLOOR HOIST 1199.29 10100 PfiinaiyCMtt S22i.039.n Fund Summary 10<GENERAL FUND 601 WATER OPERATING FUND 602 SEWER OPERATING FUND 613 30LF COURSE 661 .STORMWATER UTIUTY OP FUND 10100 PrlmaiyCash 971,696.39 9140.429.64 91,374.74 92.980.91 94,992.13 9221.039.77 «EcA .'• i • ' •..••I*' 'ek m jK r If.:. v'^ •' '■ “ ii'r t •.•;.• „.r.; crrv OF ORONO clMck rtgister ClMCkMumter emplo)r«* Nam* Pty Parted Chack Amount Chack Data Check Status I 0SS267ossaes 0SS26S 05S270 0SS271 05S272 PETERSON, BARBARA MCMtUAN. ELIZABETH T. MOORSE, RONALD J. BANSEVERE, ROBERT K. MVJRPHY, JAMES L WHITE. JAMES M. S323.22 $269.36 $369.40 $26936 $269.36 $269.36 8/6I200S Outstanding 8/6/200S Outstanding 6/8/2006 Outstanding 8/8/2006 Outstanding 8/8/2006 Outstanding 8/8/2006 Outstanding i:. ■4^:'- if;- 1 Hi ► 4 11,770.06 r '-■tSy-ti:: ‘ - > ; ■ A. %- '4 * ■■■< ‘.mi . A V. • 4 V.' ..- 'WmmM^ fe.-kyi-. -•■'.J'-K V .• $ . • . *. T»^ . •-• ' msm V ■ r-v- S .=• I 7 08rt>6A)6 9;43AM Page 1 3 I J I i 5* • * »■* CtMCk Number EmptoyM M«m* 0045S) MOORSE, RONALD J. 004S54 SILUS, BARBARA G 004585 VEE.LINOA8. 0045^ KUEHN, THOMAS M. 004557 OLSON. RONALD J. 00455S PETTIT, SANDRA K. 00455S ANDERSON. BRUCE L 004560 BOBZIEN. SUE A. 004501 BORIS. SCOTT W. 004562 BUdO, STACIE M. 004563 CORNICK. JAMES L 004564 DAY, SUSAN J. 004565 OEMBOUSKI.JAYC. 004566 FISCHER. CHRISTOPHER K. 004507 OOOO.STEPHANYR. 004866 MCNICHOL8. DAVID L. 004560 PHARO, CHRISTOPHER M. 004570 RUSSETH, KYLE M. 004571 SCHOENHOFF.JOHNB. 004572 STENSRUO.CHAOR. 004573 TOEWE, KIMBERLY D. 004574 TOMCHECK.LAVURENCEF. 004575 TOMCZYK.MARKW 004576 WHITE. ANTHONY J. 004577 WITTKE. ANTHONY A. 004576 KLISZCZ. DAVlOA 004570 O'ROURKE, ASHLEY 004500 CURTIS. MELANIE 004561 OAFFRON, MICHAEL P. 004562 QAPPA. GREGORY A. 004563 GIBBS. WILLIAM R. 004584 OUNDLACH. JANICE J. 004565 MEYER. WILUAM C. 004566 OMAN. LYLE E. 004567 OEBAERE. DONALD L. 004565 FASCHING. GREGORY P. 004569 HANSEN. STEVEN 004590 OBERAIGNER. SCOTT Q. 004591 OBRIEN. RANDY L 004592 PALMER. GR£G<- '.Y A. 004593 RATHBUN. BARRY J. 004594 PETERSON. TAYLOR F 055236 DODGE. RACHEL M. 0S5237 LESKINEN. DENISE M. 055238 BOBZIEN. SUE A 055239 BORIS. SCOTT W. 055240 ERICKSON. KURT R 055241 FARNIOK. CORREY L. 055242 FISCHENICH. DAN 1 055243 MAOSON. ADRIENNE M 055244 MCNICHOLS. DAVID L. 055245 MOROWCZYNSKI. JAMES 055246 PERSELL. WILLIAM R. 055247 TOMCHECK. LAWRENCE F. 055246 GAFFRON. MICHAEL P 055249 OMAN. LYLE E 055250 VANG.BRUCLL. 055251 GREGORY. JAMES 0. 055252 HANSEN. STEVEN CITY OF ORONO check register ay Check Check riod Amount Dale Check Statue 16 $2,369.44 8/3/2005 Outstanding 16 $680.15 8/3/2005 OuUtanding 16 11.110.43 8/3/2005 Outstanding 16 $1,409.18 8/3/2005 Outstanding 16 $1,231.14 8/3/2005 Outstanding 16 $1,109.99 8/3/2005 Outstanding 16 $1,665.93 8/3/2005 Outstanding 16 $655.00 8/3/2005 Outstanding 16 $20.00 8/3/2005 Outstanding 16 $1,04964 8/3/2005 Outstanding 16 $2,246.62 8/3/2005 Outstanding 16 $1,437.12 8/3/2005 Outstanding 16 $1,932.90 8/3/2005 Outstanding 16 $1,510.55 8/3/2005 OutsUnding 16 $2,002.80 8/3/2005 OuUtanding 16 $1,100.00 8/3/2005 OuUtanding 16 $1,514.00 8/3/2005 OuUtanding 16 $1,483.81 8/3/2005 Outstanding 16 $1,941.60 8/3/2005 Outstanding 16 $1,396.54 8/j>2005 OuUtanding 16 $1,414.86 8/3/2005 OutsUnding 16 $900.00 8/3/2005 OuUtanding 16 $1,469.00 8/3/2005 OuUUnding 16 $1,330.85 8/3/2005 OuUUnding 16 $1,458 43 8/3/2005 OutsUnding 16 $437.62 8/3/2005 OuUUnding 16 $569.42 80/2005 OuUUnding 16 $1,244.94 8/3/2005 OuUtanding 16 $12500 8/3/2005 OutsUnding 16 $1,820.42 8/30005 OuUUnding 16 $1,199.04 8/3/2005 OuUUnding 16 $1,374.77 8/3/2005 OuUtanding 16 $678.43 8/30005 OutsUnding 16 $1,400.00 8/30005 Outstanding 16 $1,695.65 8/30005 OuUtanding 16 $1,021.41 8/30005 OuUUnding 16 $875.00 800005 OuUtanding 16 $1 644 39 8/30005 OuUtanding 16 $550 00 8/3/2005 OuUUnding 16 $400.00 8/3/2005 Outstanding 16 $20000 8/30005 Outstanding 16 $62.69 8/30005 Outstanding 16 $1,089.89 800005 Outstanding 16 $93900 8/3/2005 Outstanding 16 $68 87 8/30005 OutsUnding 16 $1,597.53 8/3/2005 OuUtanding 16 $1,647.12 8/3/2005 OuUtanding 16 $1,872 27 8/30005 OuUtanding 16 $1,651 95 8/3/2005 Outstanding 16 $1,008 23 800005 Outstanding 16 $71070 8/3/2005 OuUtanding 16 S1.74S 53 8/30005 Outstanding 16 $364 08 8/^2005 OutsUnding 16 $547 68 8>30C05 OuUtanding 16 $1.438 95 8/30005 Outstanding i6 $356.78 8/30005 Outstanding 16 $1.385 08 8/30005 OuUtanding 16 $949 43 8/3/2005 OutsUnding 16 $249 66 8/3/2005 OuUtanding 08^2/05 9:00 AM Page 1 CITY OF ORONO ch«ck ragittor 08A)2/0S9:00AM Page 2 ClMck Numbar ImptoyMNaiM 0892S3 0SS2M 05S25S 0M2S6 05i257 0S92S8 0SS2M OS9260 055261 055262 055263 055264 055265 055266 OBRIEN, RANOYL. PALMER. GREGORY A. RATHBUN. BARRY J. 8KREEN.DALE8. EIOUM.PHHJP HAMBRO, MARSHALL J. JENSEN, ROONEY W. MCINTYRE. WILLIAM E. PEICKERT, GARY J. ROSS, JOHN A. SCHNEIDER. LLOYD SMYTH, KATHERINE R bTEFPENHAGEN. RONALD STORK. JOHN T. Pay Chaek Chock Poflod Amount Dolt Chock Staluo 16 5447.15 8/3/2005 Outstanding 16 1751.16 8/3/2005 Outstanding 16 $1,268.29 8/3/2005 Oi-tatanding 16 $1,275.56 8/3/2005 Outstanding 16 S241.10 8/3/2005 Outstanding 16 $5894 80/2005 Outstanding 16 1225.12 8/3/2005 Outstanding 16 1263.24 8/3/2005 Outstanding 16 1400 22 8/3/2005 Outstanding 16 166 56 8/3/200a Outstanding 16 5276.57 8/3/2005 Outstanding 16 $103.44 8/3/2005 Outstanding 16 11.409.23 8/3/2005 Outstanding 16 $262.86 $74,579.01 8/3/2005 Outstanding m m * 0 ■ •■.;■ •:•■■.-■• . =•.•• • •/•■.• "■ .:.^v - 9m'Mm '■'fi'-r me^-. .;■ :‘y v-” ' . fTfc.vi,4"T’ -^i'; .>,a . .' f-h, ‘M •A' yy‘'K;'y^i> • -'-t iii'2 -A, ..V ■ , ' • niiftiR&i J# II ■ ■ .J-.' -• : ■ •- ':.. ; .* • /' ;.-V=.->:'■•■,4 ., - > T. :.: K /vV4 h li .'"■P.'aF r.-j viii,.:. .. ‘ ‘ , V CITY OF ORONO *Check DaUil Register© 08/04/0S 8:<7AM Pegs 1 AUGUST 2008 Cheek Amt Irtvelce 10100 Pikhery Ceeh _________ ____________- ISeMShiai oii432 tiinSbi first rational bank of lakes 0101*21701 FeOenlVWIhholdiog 111.014 42 0101*21703 FICATesWIlhhokling $4,944.48 0101*21703 FICATeKlARhholding $4.944.46 Total FIMT NATIONAL BANK OF LAKES $20,903.34 PaMChki 0814^ FEDERAL W/H FICA & MEDICARE W/H FICA & MEDCR CITY SHARE 8/3/2008 ICI$A RETIREIIENT TRUST ^467 0101*21708 Other RattfOmant $1.188 62 DEFERRED COMP-302030 Total ICMA RETIREMENT TRUST *467 $1.18662 TSSIdSiBrofuH ®3®5b8 U wENFORCMENT LABOR SER\^' 0101*21707 Union Dues ----- Total LAW ENFORCIKNT LABOR SERVTCE >aid ChM'ooios"' i/inoK mn oept of revenue UNION DUES #40 *#166 $000 0101*21702 Stale WHhhoMIng Total MN OEPT OF REVENUE $4.66811 STATE TAX W/H $4,668.11 l^idlkirgr^---Kw8o5 MN STATE RETWEMENT SYSTEM 0101*21718 Poet Efflploymenl Health Total MN STATE RETIREMENT SYSTEM $326.60 post rattemant $32660 —JJS35R"* nationwioe RErmEMENT solution 0101*21708 Other Retifament $2.01000 „ 0101*21708 Other Rallrament $170.81 ||||H| Total NATIONIMOERETMEMENTSOUmON USCM * ENTITY 2339 OBRA#2343 $2,160 81 OMHARO mST CO. TRUSTEEK;UST80/2008 0 101*21708 Other Ratkamant $3.032.66 Total ORCHARD TRUST CO. TRUSTEE/CUST $3,032 68 MN STATE RETIREMENT PUBLIC EMh.OYEES RETIREMENT $7,867.22 •SMTChi3r08l439 800009 0101*21704 PERA 0101*21704 PERA Total PUBLIC EMPLOYEES RETIREMENT 'SiSChM^381445 800009' 0101*21708 UfUledWay $6,086.30 PERA CITY SHARE PERA EMPLOYEE W/H $13.973 92 UNtTEO'WAY' $66 00 CHARITY DONATIONS Total UNITED WAY 10100 Primary Cash 186 00 $46356 68 Fund Summsry 101 OENERAL FUND 10100 PrimsfyCash $46.356 68 $46.39668 miaini ■i^Eik^^*awwa^niriJnBrt^n iiniMiT rn-rtsrEi i \ !jg|. ■'=t»^g AUG 6 2005 Oil Y UI-UHONO h f f . '• *.INFOKl^TION i i'. 11 iTEMS COUNCIL MEETING ■jm> OF meeting AUe S20IIS CITY OF OHOMO • * -AmfiWiifci V. I ► I : ■■'■ -. 4 '■ '^ ' : • ••"ctinG «|JG 8 2005 320 ORONO ORCHARD ROAD WAYZATA. MINNESOTA 55391 July 28,2005 City Council City of Orono 2750 Kelley Paikway Orono, MN 55356 oi I r UH ORONO RKCElVEfi AUG n 1 2005 CITY OF ORONO Re: Kevin Garnett Kennel Dear Ladies and Gentlemen: For some years, we have been concerned about the kennel that Kevin Garnett has been operating on Orono Orchard Road. 1 use the term kennel because to my knowledge, there has never been a permanent resident in the main house at that location after the purchase by Mr. Garnett. The sole use of the property seems to be fm* the purpose of maintaining a keimel. 1 am aware of the incident concerning Kent Larson that occurred on Tuesday, July 26’*'. The existence of, 1 believe, nine rottweiler dogs and two pit bulls on the Garnett property has long represented a serious threat to the neighborhood. I have a 5 year old grandson at 540 Barrett Avenue, the driveway for which residence is just a few yards from the Garnett fence. There are many other children in close proximity and we all use Orono Orchard Road as a great walking and biking road. All the community is aware of how dangerous rottweilers and pit bulls can be. The fencing at the Garnett residence provides little comfort. 1 urge the City of Orono to revoke the kennel license granted to Kevin Garnett and order him to remove those very dangerous dogs from his property before we have a really catastrophic incident. Thank you. Sincerely, LU.-V B. S. Jaffray BSJ.sk Orono Police Departmentcc: D. ELDREDGE JACKSON III loss Edgewood HiU Rd Wi^zata, MN SS391 received July 3I,200S CityofOnmo P.O. Box 66 CiystalBay.MNSS323 AUG 0 2 2005 CITY OF OROMO Kevin Oxmett I would suggest incideiiL I undentand that the inevitd>le luqtpened last week when some of Mr. Garnett’s dogs got out Mid attacked a neighbor causing bodily injury. You allowed Mr. Garnett to get a kennel license in a residential area and then allowed a fonning fence to be built after the fact My wife and I gave up walking post his house bdiind their fence, were threatening. years ago becMise the dogs, even the City review and withdraw his kennel license in light of this Sincerely, -iSi; -Cl.; nm.. ' mi'-. vM I M I ■ ■ I < 0 T A I MDII PntretiHfi tminminhtgand improving the health of aU Minuesotaiu AUG d 2005 Cll YOt^ OHONO August 3,2005 ^U6 0 4 CITY Of ?005 Oiono City Council c/o Ms. Lin Vee, Clerk Orono City Hall P.O. Box 66 Crystal Bay, Minnesota 55323 OROfifO Council Members: Subject: Withdrawal of July 25,2005 Notice of Violation for Routine Bacteriological Sampling, Orono. Henneoin Countv. Minnesota. PWSP 1270041______________________ We have received new information about your population. Based on the new information, please disregard the Notice of Violation letter dated July 25,2005, previously sent to your facility. :If you have any questions, please contact Renee Andemon at 651/215-0759. Richard D. Clark, P.E. Supervisor of Community Public Water Supply Unit Environmoital Health Division P.O. Box 64975 St. Paul, Minnesota 55164-0975 RT>CRLA:kar cc: Mr. Isaac Bradlich, District Engineer, Metro Ms. Renee L. Anderson, Compliance Officer Cenctsl Infotnution: (65il 2I5*5S60 * TDD/T\T: (6'll 21S-HV80 * Minne»ou Rcljy Sefvite: tSOOl ®'•ww.hejith <t4te.nm.ttt Fgr Jircciioiu to any of ih« MDH tovatloui, call (651) 2l'-'800 ■ A" «Moal 0{>|>oriuiiii« rmpio>-tr i I M I July 25,2005 MDH IDIMBTMIllTwHiAlTHI Prouethig, MMhitaiubigaiid imprwiHg the Itealth of all Miuutsotam 1270041 Orono Hennepin County Orono City Council c/o Ms. Lin Vee, Clerk Orono City Hall P.O. Box 66 Crystal Bay, Minnesota 55323 Dear Council Members: j'Ui «/i?C SUBJECT: NOTICE OF VIOLATION: Failure to Meet Bacteriological Monitoring Requirements, Orono According to our records, we did not receive the required number of monthly bacteriological water samples for the month of June, 2005. United States Environmental Protection Agency (USEPA) rules un^ 40 CFR 141.21 as implemented by Minnesota Rules, part 4720.0350, require your system to have 3 water sample(s) analyzed each month. To date, we have received the results for 2 sample(s). Please note that all samples must be taken from representative sites on your distribution system. Any two samples taken at the same site at the same time can only count as one sample. Furthermore, raw water samples cannot be used to satisfy the bacteriological monitoring requirements. Your system is ultimately responsible for ensuring that the Minnesota Department of Health (MDH) is receiving a copy of your bacteriological results. Some laboratories do not mail results to the MDH. It is your responsibility to send a copy by the tenth day of the following month, or verify that your la^ratory is aware of this policy. Community water supplies that fail to submit the required samples must provide public notification (USEPA rules under 40 CFR 141 .32 as implemented by Minnesota Rules, part 4720.0350) to inform their consumers that the required sampling was not done. If a community repeatedly fails to submit samples, formal enforcement action, which may include fines, will be taken by either the USEPA or the MDH. A sample public notice is enclosed. Within 30 days of the date of this letter, this notice or one containing the exact information must be provided to the persons served by your water supply by one of the following methods: 1) published in a local newspaper, 2) direct mail to every residence serv'ed by your water supply, or 3) hand delivered to every residence served by your water supply. General Infotmaiion: l6'I) 21 S-S800 * TDD/TYY: I6SI) 2IS-8980 * Miiiiiouu Rcta) Seniwe; *800j 62"*.I'2') * \^i%\«.hKalih.stjU4Uu.u> For dirrciiont to anv of ihc MDH locaiiont. call (bSI) 2IS-S800 * Au equal oppoftUJjU) ciuplo)cf s:i -2- Withii 10 diy* of distribution of the public notice, a copy of the public notice and the enclosed certification form verifying delivery of the notice from the person responsible for your water supply must be submitt^ to the Minnesota Department of Health. If the required sampling has been done, please notify us immediately and submit a copy of your laboratory r^ults to diis droartment. If this is the case, we will correct our records and the public notice mentioned above wifi not be necessary. If you have any questions, please contact Renee Anderson at 651/215-0759. Sincerely,. Richard D. Clark, P.E. Supervisor of Community Public Water Supply Unit Drinking Water Protection Section P.O. Box 64975 St. Paul, Minnesota 55164-0975 IRDC:RLA:kar Enclosures cc: Water Superintendent . .-U.- 1 CERTIFICATION OF DELIVERY OF PUBLIC NOTICE Name of System: Orono PWSID: 1270041 Violation: FAILURE TO PERFORM BACTERIOLOGICAL MONITORING Occurring: For the month of June. 2005 The public water system indicated above hereby affirms that public notice has been provided to consumers in acctmlance with the delivery, content, and deadlines specified in the Notice of Violation. Notice Distributed by: □ Published in a local newspaper ! ! Monih Day Year □ Hand or direct delivery on // Month Dty Year □ Mail, as a separate notice or included with the bill on // Month Day Year Signature of owner or operator Date This form must be completed and returned along with a copy of the public noticct within 10 days of distribution of the public notice, to: Minnesota Department of Health Community Public Water Supply Unit Environmental Health Divkuon P.O. Box 64975 St. Paul, Minnesota 55164-0975 Wr IMPORTANT INFORMATION ABOUT YOUR DRINKING WATER Monitoring Requirements Not Met Tha Ofono is required by Minnesota Rules. Chapter 4720 to test 3 water sample(s) everj' month for oolifbrm bacteria. This required sampling was not done for the month of June, 2005. Because we did not monitor or faHed to monitor completely during the compliance period, we did not know wheCher colltbrm bacteria were present in your drinking water, and we are unable to tell you whether your health was at risk during that time. It your ayetem has submitlad aamplas that mat tha accaptabla limits since tha data of violation, you may add tha following santanca after tha first paragraph. “Samples taken since this violation show that all results meet acceptable limits.” What doss this mean to me? This is rwt an emergency. You do not need to boil water or use an alternative sdufca of water at this time. If you have any questions or comments about these violations, please contact at f )___________. If other people, such as tenants, residents, patients, students, or employees, receive water from you, it is lrr^)ortant that you provide this notice to them by posting it in a conspicuous location or by direct hand or mail delivery. Public Water Supply # 1270041 ■ t '■wm m I mm MonMy CoGfomt Badetfa Monitoring violation Note* mmmm. \ ! }* rii MDH liiMifMIOlHUHHI Pnttfthigf nuiintahiingand itnprwhig the health of all Mhnusotaiu July 26.2005 Orono City Council c/o Ms. Lin Vee, Clerk Orono City Hall P.O. Box 66 Crystal Bay. Minnesota 55323 J 2 » 2005 cirv OF ORONO Dear Council Members: SUBJECT: Orono Water Supply, Hennepin County, PWSID 1270041 We are enclosing a copy of the report of our district office covering a routine inspection of your community water supply. The Minnesota Department of Health is monitoring your public water supply system for contaminants required by state and federal drinking water rules. However, the results of the monitoring are not part of this investigation report but ate sent to you under separate cover as they become available. If you have any questions concerning the information contained in this report, please contact me at 651/643-2102. Sincerely, Isaac Bradlich Community Public Water Supply Unit Environmental Health Division Snelling Office Park St. Paul. Minnesota 55108 IB Enclosures cc: Water Superintendent 1 t : General Infonnaiion: <651) 215-5800 ■ TDD/T^'Y: (651) 215*8980 • MiimcSuU Rela> Senice; (800) 62"-3^29 • wA%^v.healih*iril«.fIin.Ui For directions to any of the MDH locations, call (651) 215-5800 * equal opportunity emplo) f? MDll II.n r\ MINNESOTA DEPARTMENT OF HEALTH SECTION OF DRINKING WATER PROTECTION Public Water Supply Inventory Report f; / Name: Orono County: Hennepin PWSID: 1270041 Regulatory Authority: DWP PWS Type: Community District: Isaac Bradlich System Information aASIC DATA Owner Type: Municipal Population: 2970 System Class: C Class Points: 45 Service Connections: 1,400 Sunrey Date; 03/15/2005 8«rvio0 Atm Characteristics: Municipai-(Primary) pnopticnOM TOTALS Design Capacity: Average Daily: Highest DaHy: a 230.000 Gallons per Day Gallons per Day Emergency Capacity: Storage Capacity; 230.000 Gallons per Day 600.000 Gallons I lIM.t IXBfi Location AtfOwgg Box 66 Crystal Bay Orono, MN 55323 Owner/Responsible Party Orono City Council do Ms. Lin Vee. Clerk Orono City Han P.O. Box 66 Crystal Bay. MN 55323 Sample Bottiea/General CorreapoTKlence Orono Water Superintendent 2700 Kelley Parkway Long Lake, MN 55356 CONTACTS Primanr Tvoe Contact 3 Etnergertcy Workday Name Scott Oberaigner Barry Rathbun Phone Type Phone# Extension/Location Business Phone 1 952/215-8154 Business Phone 1 952/249-4600 952/215-8155 952/249-4616 3 Emergency After-Hours Orono Police Lead Public Education Jack Brinkhaus Cell Phone Business Fax Business Phor>e 1 763/525-6210 Business Phone 1 612/473-7357 OPgRATOWS Name: South Tower • Navarra Type: Storage-Elevated Status: Active Storaga Information Links to: Distribution System Availability: Primary Capacity: 200,000 Gallons Name: North Tower Links to: Distribution System Type: Storage-Elevated Availability: Primary Status: Active Capacity: 400,000 Gallons Sourcs Information i s/isaoo6 PagG 1 of 3 MDll n rvi MINNESOTA DEPARTMENT OF HEALTH SECTION OF DRINKINQ WATER PROTECTION Public Water Supply Inventory Report NamtiOrono County: Hennepin PWSID: 1270C Regulatory Authority: DWP PWS Type: Community District: Isaac Bradlich Name: WeH «1 Type: WeH Status: Active Unkt to: TREATMENT PLANT »1 Availability: Primary Source Type: Qroimdwater Design Capacity: Emergency Capacity: Well Data Unique WeH No. Well Depth (ft): 385 Casing Depth (ft): 314 Pump type: Vertical Turbine Aqulfer(s): Jordan Year Constructed: 1971 Static Depth (ft): 55 Casing Diameter (in): 12 Pump Capacity (gpm): 900 Drawdown (ft): 0 Screen Length (ft): 71 Name: Well «2 Type: Welt Status: Active Links to: TREATMENT PLANT «1 Availability: Primary Source Type: Groundwater Design Capacity: Emergency Capacity: W9H Pits Unique Well No.: 00211965 Well Depth (ft): 269 Cwing Depth (ft): 238 PumptyiM: Submersible Year Constructed: 1970 Static Depth (ft): 60 Casing Diameter (in): 8 Pump Capacity (gpm): 500 Drawdown (ft): 48 Screen Length (ft): 31 Aquifer(8): Quaternary Buried Arlesian Name: Well «3 Type: Well Status: Active Links to: Weil «3 Entry Point Availability: Prinrary Source Type: Groundwater Design Capacity: Emergency Capacity: -I WdlDrtl Unique WeH No.: 00509097 Year Constructed: 1990 Well Depth (ft): 381 Static Depth (ft): 122 Casing Depth (ft): 312 Casing Diameter (in): 16 Pumpty^: Vertical Turbine Putr^ Capacity (gpm): 500 Aqutfer(s): Prairie Du Chien«Jordan Drawdown (ft): 15 Screen Length (ft): 0 Name: Booster Station 1 Type: Consecutive Connection Status: Active Links to: Distribution System Availability: Emergency Source Type: Purchased Groundwater Design Capacity: Emergency Capacity: Purchases from: 1270053 Spring Park, Distribution System 1i Name: Booster Station 2 Type: Consecutive Connection Status: Active Links to: Distribution System Availability: Emergency Source Type: Purchased Groundwater Design Capacity: Emergency Capacity: Purchases from: 1270018 Long Lake, OistrttMJtion System ShS/»)0S Pag*2oia i MINNESOTA DEPARTMENT OF HEALTH SECTION OF DRINKING WATER PROTECTION PuMIe W«t*r Supply Inventory Ruport NwntiOreno County: Hanntpin PWSID: 1270041 Rogulatory Authority: OWP PWS Type: Community District: Isaac Bradlich Motions Typo: Consocutivo Connoi Stotuo: Activo Links to: Diotribulion Systom AvoilaMity: Emergency Source Type: Purchased Groundwater Design Caps^: Emergency Capacity: Purchases from: 1270034 Minnetonka Beach, Distribution Systom Name: TREATMENT PLANT i1 Type: Treatment Plant Status: Active Links to: Distribution Systom Treetmont Infonnatlon Availability: Primary Source Water. Groundwater Design Capacity: Emergency Capacity: I: vii: Qt . . A Process Mechanism Active Corrosion oorttrol • Lead/Copper DMntoetion FhJorida(Z) Iron removal StabiHzation/Inhfeitors/Blended phosphate: Y Soltoning Chlorine/Gas Ruorktation/Hydrofluosilicicacid Aeration/Spray Rlration (GravityVRapid sand Cation exchange Y Y Y Y Y Name: WeN #3 Entry Point Type: Treatment Plant Stakis: Active Links to: Distribution Systom Availability: Primary Source Waton Groundwater Design Capacity: Emergency Capaci^ 1 . * lU .1.Data QUtdItt DMnfoction Fluoride (Z) Prpgfii MocMoiam Chlorins/Gas RuorWatiort/Hydroliuoailicicacid Active Y Y Itor FacNKlM O ans/mi UIV Payt3of3 M1 )11 '.ii.’ iii • iO MINNESOTA DEPARTMENT OF HEALTH Section of Drinking Water Protection Sanitary Survey Findings System Name: Orono PWSID: 1270041 System Contact; Scott Oberaigner Survey Date; 03/1 S/2005 Surveyor: 1^^ Bradlict^ Surveyor Signature: The findings below identify sanitary risks that may impact water quality, inform the water supply owner of applicable responsibilities, and/or provide guidance related to water system operation and maintenance. Water Source All submersible wellheads should be physically protected against accidental damage from vehicles by installing at least three protective post, or other protective barricades, around the well. All well casings should be vented and properly screened. See Figure 1 iPumpa/Pump Facilities and Controls The sealing material for Well #1 between the well casing and cement slab should be replaced to provide a watertight seal. See Figure 2. Traatmont All chemical storage containers should be clearly marked and properly labelled. The brine storage tank is in disrepair and should be repaired immediately to prevent contamination of the water supply. See Figures 3 and 4. Watar Storage North Tower will be rehabilitated August 2005. Platrlbution A free chlorine residual of at least 0.2 to 0.5 milligrams per liter should be maintained on ail points of the distribution system. Monttorlng/Wapoftlng Data Verification Static water levels and drawdowns should be taken at least monthly and permanently recorded. Watar Syatam Managamant/Oparatlon No deficiencies observed. pparator Compliance with State Raquiramanta The opportunity for additional training in water supply work should be made available to the operator(s). Attendance at the annual watenA^orks operators seminar, held in the area, is a valuable experience for anyone engaged in this field. her Comiwanta or Findings Security fences have been installed around both water treatment plants. Other improvements to the security of the water treatment and distribution system were also discussed. Reviewed by; David Schultz, P.E.. Regional Supervisor J < 1 MInnMota Department of Health Drinking Water Protection Section Report of Coiiiert Bacteriological Results and Chlorine Residual Sampled By: laaae BradUeh PWSName: Orono ^Reeull Comments------------- No Result Comments Listed 5 Date: March 15,2i PWSID; 1270041 Sample Results Chlorine Residual Conform • .' ‘-I PHMff SaqiplinQ LOOflUt^Free / Total (mo/LI Bacteria 'iii k-‘- ?/ 1225 WELL 2 /Absent 1226 WELL 3 /Absent 1227 TR1 /Absent 1228 A-1 RENTAL 0.20/0.50 Absent '• ^. -1 1226 OTTEN BROS 0.40/0.60 Absent -7 1230 HOLIDAY 0.10/0.20 Absent *. ■ 1231 PUBLIC WORKS BR 0.10/0.20 Absent * ■: t ■ ''■ -.'< ■ '•Mil ECsIi Appinilix I: I'iyiiri's lor Orono Saiiiliin Stiru'v 1270011 A'** ‘ • SUi- y-j .'i, A — J U--’ 'a: n • ^>-- \ A ■ ■ • s ,- •'>. . > H -, '■; ■ •. ■■ t- k-.. I IVHPt' 1 ( iis:n\l \ t PU\ th>! [^(*1^ pI\ u Pi t Ph ii ■sVt.'Vr-*' • ii ' ■■yy kSiAt!’;:*. yVV, v^»‘ ):i'//)'^-> f r * r 7' m /#v- .- • w't. «■ ST-' •V^;^ 11'^liPt J ! \i * \\i\ T-‘ *♦ SA ••. .J i'r.r ^',; m . */ ' ■' •• .' ’ ■vX"^ • VI Appendix 1: Figures for Orono Sanitary Survey PWSIP1270041 Figure 3: Hatch for brine storage tank does not provide a reliable seal against contamination. Ma-' ^ft •• •■n z Figure 4: Brine storage tank is in disrepair.