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HomeMy WebLinkAbout07-25-2005 Council Packet• I ! :.s i; i. N 1 ..■ j AGENDA FOR COUNaL MEETING SET FOR MONDAY, JU1.Y 25,2005,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA (*) Asterisk items are considered to be routine items to be enacted upon by one motion by the City Council under the Consent Item* on the agenda. Memos regarding each of the Agenda items are available in the Public Packet - located on the counter near the sign in sheet. ^0/ ROLL CALL PLEDGE OF ALLEGIANCE JOi 2 CONSENT AGENDA I. Approve/Amend APPROVAL OF MINUTES * 2. Regular Council Meeting of July 11,2005 PARK COMMISSION COMMENTS • Pat Wolfe, Representative PLANNING COMMISSION COMMENTS - Ralph Kempf, Representative PUBLIC COMMENTS - (Limit 5 Miautes Per Person) ZONING ADMINISTRATOR’S REPORT * 3. #05-3091 Catherine Sallas, 3635 North Shore Drive - After-the-Fact Variance - Resolution 4. #05-3104 David and Renee Mack, 1978 Shadywood Road - Variance - Resolution * 5. #05-3107 Scott Bissen and Michelle Morey, 825 Tonkawa Road - Variance - Resolution * 6. #05-3113 Natural Environments Corporation on behalf of Dennis and Amanda Walsh, 1354 Rest Point Circle - Conditional Use Permit - Resolution * 7. #05-3125 Christine Valerius, 2377 Shadywood Road-Conditional Use Permit-Resolution * 8. #05-3127 James and Margaret Kelly, 4445 North Shore Drive - Variance - Resolution * 9. #05-3132 Brad and Cheryl Jones, 2545 North Shore Drive-Variance and Conditional Use Permit Resolution 10. #05-3133 Bruce and Elizabeth Nusbaum, 3480 North Shore Drive - Variance * 11. #05-3137 Robert and Victoria Jaflray, 540 Barrett Avenue - Variances - Resolution 12. Moratorium on Development in Navarre Commercial District - Ordinance 13. Stonebay Developers Agreement Assignment Approval 14. Appeal of Enforcement Action - 2600 Casco Point Road 15. Septic Code Amendment - Add Enforcement Language - Ordinance MAYOR/COUNCIL REPORT 16. ProclanuUion - Natiorud Night Out - Resolution PUBLIC SERVICE DIRECTOR’S REPORT 17. Accq>t (Stations - Wildhurst Forcemain Replacement 18. Approve Payment of Eminent Domain Settlement - Elmwood Avenue 19. Request for Payment Number 1 - Webber Hills Sewer Extension 20. Request for Firud Payment - Garden Lane Sewer Extension ap- AGENDA FOR COUNCIL MEETING SET FOR MONDAY, JULY 25,2005,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA CITY ADMINISTRATOR'S REPORT 21. Invoice for Long Lake Fire Station Landscaping 22. Donations for the Operation of the Highway 12 Shuttle/Circulator Bus 23. Police Sergeant 2005 Contract Settlement 24. Liquidation of Forfeited Vehicles 25. Hire Full-Time Community Service Officer CITY ATTORNEY'S REPORT 26. LICENSES Garbage Hauler Special Event Tobacco License • 27. BILLS UPCOMING ISSUES AND EVENTS 2005 07/25 - Council Meeting, Monday, 7:00 p.m. 07/28 - Council Woik Session, Thursday, 5:45 p.m. 08/01 - Park Commission Meeting, Monday, 5:00 p.m. 08/03 - Planning Commission Work Session, Wednesday, 5:30 p.m. 08/08 • Council Meeting, Monday, 7:00 p.m. 08/11 - Council Work Session, Thursday, 5:45 p.m. 08/15 • Planning Commission Meeting, Monday, 6:00 p.m. 08/22 - Council Meeting, Monday, 7:00 p.m. 08/25 - Council Work Session, nursday, 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 Work Session, Wednesday, 5:30 p.m. 09/12 - Council Meeting, Monday, 7:00 p.m. 09/15 - Council Woik Session, Thursday, 5:45 p.m. 09/19 - Planning Commission Meeting, Monday, 6:00 p.m. 09/26 - Council Meeting, Monday, 7:00 p.m. 09/29 - Council Work Session, Thursday, 5:45 p.m. ] 1 Public A ttendance Meeting D ate ~7~~2-^ ~~^ J ^C ouncilW □ Planning C ommission □ Park C ommission □ Other Please FILL ouTTHE information requested BELOW FOR OUR CITY RECORDS. PRESEeNT for (from agenda) NAME (please print)ADDRESS NAME OR NUMBER AltTToM^S a4^ (0»«i2k;KKd<sC|^ C/A - J iJi- ^ 1 2. Ft .t 'e Os^U^t. 4h9 0:^-U‘5 A i*)o 1 4'\ #o1T'3)39 6. 7. ^.. _____________________________________________________________________ 1. 9. 10. 11 ____________________________________________________________________________ 12. 13. 14. _ IS. WiVMM ■•ft lAi - I aan AwniaHi^r i iiidft MINUTES OF THE ORONO CITY COUNCIL MEETING Moaday, Jaly 11,2005 7:00 o*clock p.in. Mccritip ROLL JUl 2 5 2005 CITroFORo.«j 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 Rolf Worden; Representing Staff were City Administrator Ron Moorse, Planning Director Mike Gaffron, Planners Janice Gundlach and Melanie Curtis; Public Works Director Greg Gappa, City Engineer Tom Kellogg, and Recorder Jackie Young. PLEDGE OF ALLEGIANCE Mayor Peterson called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. OATH OF OFFICE The oath of office was administered to Police Officer Christopher Pharo. CO.VSENT AGENDA 1.APPROVE/AMEND Items 8 and 14 were added to the Consent Agenda. Whttc BMved, SaMcvere seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES *2. REGULAR COUNCIL MEETING OF JUNE 27,2005 White moved, Sansevere seconded, to approve the miantes of the Jane 27,2005 City Council meeting as snhmitted. VOTE: Ayes 5, Nays 0. isTf |g ■ ^ ^. V'V- U'" :A PAGCl IM ik MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11,2005 7:00 o’clock p.m. PARK COMMISSION COMMENTS - Michael Huddy, Representative Huddy indicated that the Park Commission has not had a meeting since the Park Tour but would be meeting the first Monday in August. PLANNING COMMISSION COMMENTS - Jim LesUe, Representative Leslie stated at the last Planning Commission meeting a long discussion was held regarding the expansion of >he Narrows Saloon and the need for a master plan for the Navarre area. Leslie noted that application would be appearing again before the Planning Commission, and recommended that some consideration be given to developing a master plan for the future development of the Navarre area. Leslie indicated he would be available at tonight’s meeting to answer any questions. Murphy stated the future planning of Navarre would be discussed later in the meeting. PUBLIC COMMENTS Randy Gilbert, Mayor of Long Lake, stated at the present time the Long Lake Veterans Memorial is being constructed at Nelson Park and requested that the City of Orono help promote this memorial. Gilbert indicated pavers are currently for sale to help offset the costs of the memorial. Gilbert encouraged the City Council members to visit the site. Gilbert noted the Cities of Long Lake and Orono have been cooperating on the construction of the new Highway 12 corridor and the recently implemented shunle bus. Gilbert thanked Jim Murphy for his work in coort^ting the shuttle bus and lining up sponsors. Murphy thanked Mayor Gilbert and the City of Long Lake for their cooperation on the shuttle bus and other joint projects being undertaken by the two cities. Ron Miller, 270 North Willow Drive, indicated he has experieiKcd some erosion and sand runoff as a result of a silt ferKe that went down approximately last spring. Miller staled he did contact the City three times regarding this problem and that he has submitted a claim for $SS0 to repair the damage he has had suffered on his property. Miller stated the problem has gone on for approximately 15 months and requested that the City of Orono promptly address this matter. Moorse indicated he has spoken with Mr. Miller and the City of Long Lake within the past two weeks to correct this problem but that the cleanup work has not yet b^ coordinated. Moorse slated the silt fence was down earlier this spring but since tlut time a double silt fence has been put up and some hay bales have been put in place to help stop the runoff. / k •- PAGE 2 ni iTiiaa'’aiithai i'T H llllllllMlI l>B ^JIL. MINUTES OF THE ORONO CITY COUNCIL MEETING Moaday, Jaly 11,2005 7:00 o’clock p.m. (PabUc Commeats, Coatiaucd) Miller stated the problem now lies with the cleanup of the sand on his property. Miller stated he would like a definite date for when the work would be completed. Moorse stated it was his understanding that when the issue first arose the City of Long Lake did address the situation. Miller stated the City of Long Lake did clean it up one time but that the silt fence has fallen down twice. Miller indicated he had to file litigation in order to get Long Lake to respond to this situation. Murphy noted it has been approximately two years since the fire station project has been completed. Murphy inquired whether Mr. Miller would like the silt fence to remain up or be removed. Miller stated he was informed at the time of the fire station project that this area would be revegetated, which has not been completed. Miller indicated this area tends to erode whenever it rains. Moorse stated the silt fence that is currently in place by Willow needs to remain in place but the silt fence located at the back of the fire station could possibly be removed. Moorse stated if the City of Long Lake does not complete the work in die next few days, the City of Orono would go ahead and complete the work. Miller stated he also has contacted the City regarding some screening of a parking lot in close proximity to a residential area, and requested that a fence be erected in accordance with the City’s ordinances. Miller indicated he also has some lighting concerns that he would like to discuss with the City in the near future. ZONING A]11 mSTRATOR’S REPORT 3. #05-3097 HASHEM ABUKHADRA, 1745 FOX STREET - PRELIMINARY PLAT APPROVAL - RESOLUTION NO. 5346 Hashem Abuldiadra, Applicant, and Mark Gronberg, Gronberg & Associates, were present. Gundlach noted this application was discussed at the June 26 City Council meeting. Gundlach stated the issues discussed at that time included the guesthouse, whether lot six should be considered a back lot, elimination of existing accesses onto Fox Street once construction of the new road is completed, septic sites for proposed lot six, and the impacts of the Rural Oasis study. Gundlach stated a preliminary plat resolution has been drafted and is attached to the Council Members’ packets. Gundlach noted an amended page four of the resolution has been distributed to the Council at PAGE 3 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, Jnly 11,2005 7:00 o’clock p.m. (005-3097 Hashem Abnkliadra, Continued) tonight ’s meeting. Gundlach stated the changes relate to Item No. 12, which requires that the subdivider shall be responsible for the proposed improvements to Fox Street. Gundlach pointed out this application would appear before the City Council one more time in order to act on the final plat resolution. Gundlach stated it is her understanding the applicant would like to discuss the septic sites for lot six. Gundlach noted both of those sites are currently noncompliant but that as part of the subdivision, the City’s septic code requires the septic sites to be made compliant. Gundlach stated the Council at the last meeting gave the applicant one year to bring the septic sites into compliance and the applicant is now requesting that he allowed two years. Murphy inquired whether the septic site is currently nonconforming or noncompliant. Gundlach stated the septic site for the main house is noncompliant and does not meet the two-foot separation requirement and the guesthouse septic site is noncompliant. Abukhadra stated to his knowledge he has until the year 2010 to make his septic site compliant, and noted that he is requesting only two years to make the septic site compliant. Murphy inquired whether there would be any risk of the ilituie septic sites being contaminated by the construction project. Gaffron indicated as long as the applicant complies with the City’s regulations concerning septic sites during the construction phrase, it should not be a problem. Sansevere inquired why the applicant would like two years to make the septic sites compliant. Abukhadra indicated he does not want to have too many projects being undertaken at the same tiine. Muiphy inquired whether the applicant will be the only person residing on the property during the construction of the new residence. Abukhadra indicated he would be the only person residing on the property. Gaffron stated he does not see any major issues with allowing an extra year on the septic. Gundlach stated Item No. 10 of the resolution would need to be amended to two years. SanscvM’c aoved. White seconded, to adopt RESOLUTION NO. 5346, a ResoIntioB Grantiag Prcihninary Approval of a Class ID Sabdlvidon for Froperty Located at 1745 and 1755 Fox Street, with Item No. 10 being ananded to require installatioB of a conforming seven-bedroom septic PAGE 4 MINUTES OF THE ORONO CITY COUNCIL MEETING Mondiy, Jaly 11,2005 7:00 o’clock pjn. (#05-3097 Hasbcm Abakhadra, Contiaaed* tyitcn fcrviag the mala hoaic aad the gacst hoase to be completed within two years of the filing of the fiaal plat VOTE: Ayes 5, Nays 0. 4. #05-3112 LOREN AND STACEY SCHOENZEIT, 4480 FOREST LAKE LANDING - VARIANCE AND SUBDIVISION Loren and Stacey Schoenzeit, Applicants, and Brad Larsen, 1090 Wildhurst Trail, were present. Gundlach stated the applicants are requesting a lot line rearrangement with 1090 Wildhurst Trail whereby a land exchange would result in two existing non*conforming area and width lots remaining nonconfonning in area and width. In addition, the applicants are also requesting a rear/street setback variance to permit a setback of approximately eight feet when 30 feet is normally required and eight feet currently exists and a hardcover variance to permit 60 percent hardcover within the 250’-S0Q' zone where 30 percent is normally allowed and S4.9 percent currently exists. Gundlach noted these percentages arc bas^ on the post lot line rearrangement areas. The Planning Commission reviewed this an>lication at their May and June meetings and ultimately voted 6-0 to approve the most revised stipulating ^ submittal of a favorable engineering report indicating the existing foundation could siqrport the proposed improvements. Gundlach noted the preliminary report fiom the applicant ’s engineer is favorable; however, the applicant has requested further guidance with regard to a rebuild versus a renovation/addition. Gundlach stated the Planning Commission did request the applicant appear before them again if this project becomes a rebuild due to a deteriorating foundation rather than a renovation. Schoenzeit stated in their view the location of the existing sewer line creates a hardship in that the location of the residence is limited to the present site. Schoenzeit requested the City Council allow them to follow the recommendations of their structural engineer, their excavator, and the City’s building inspector and rebuild the residence in a new location. Schoenzeit stated it is easier to undertake this project if the sewer line is relocated, which would eliminate the need for any variances. McMillan inquired whether the applicants would prefer a teardown and rebuild. Schoenzeit indicated that is what they prefer. McMillan inquired whether the structural coverage would be limited to IS percent. Mrs. Schoenzeit stated it would be. Gundlach stated the footprint as shown is at IS percent structural coverage. PAGE 5 j MINUTES OF THE ORONO CITY COUNCIL MEETING Moaday, Jaly 11,2005 7:00 o’clock p.n. (005-3112 Lorca aad Stacey SchocaxcH, Coatiaacd) Murphy noted the City has struggled for a number of years with the potential for these projects to become a rebuild rather than a renovation. Murphy inquired whether Staff has a recommendation on whether the City should abandon the differentiation between the two. Gundlach stated in her opinion the City should. McMillan inquired whether the lot line rearrangement would still be required. Gundlach stated under the proposed footprint it is required because the attached garage would be located slightly over the lot line. Schoenzeit stated by relocating the sewer line, some quality building space would be added to the lot. McMillan stated she does see some hardship issues with this lot given its shape. Schoenzeit stated they were unaware of the sewer line until they got further into this project. White noted the City would receive an easement. Marpky moved. White seconded, to direct Staff to draft a rcsoIntioB approving the rebuild proposal for the property located at 4480 Forest Lake Landing. VOTE: Ayes 5, Nays 0. 5. #05-3113 NATURAL ENVIRONMENTS CORTORATION ON BEHALF OF DENNIS AND AMANDA WALSH, 1354 REST POINT CIRCLE - CONDITIONAL USE PERMIT Dermis Walsh, Applicant, and Terry Sanders, Natural Environment, were present. Gundlach stated the applicant is requesting a conditional use permit in order to conduct land alterations within 7S feet of the shoreline consisting of a bluff restoration/preservation plan due to a clear-cutting violation and due to conditions placed on a hardcover variance approved in December of2004. The Planning Commission voted 5-0 to approve the concept of revegeuting the bluff area without implementation of a new stair access pending submittal of a detailed planting plan for the City Engineer to review. The applicant has submitted a planting plan and the City Engineer’s comments are available at tonight’s meeting. Gundlach stated the comments deal largely with revising the separation between the plantings and cutting of the existing dead stumps off at grade and installation of an erosion control blanket. Staff recommends that the Council direct Staff to draft a resolution approving the plan and implementing die City Engineer’s comments. PAGE 6 MINUTES OF THE ORONO CITY COUNCIL MEETING Momlay, July 11,2005 7:00 o’clock p.in. (005-3113 Natorol Eavlroameats Corporatioo, Coatiaacd) Walsh stated he has nothing to add to Staffs report. McMillan inquired whether the applicant is okay with the recommendations of the City Engineer. Walsh stated he is. Saaicverc moved, White seconded, to direct Staff to draft a resolatloB approving a plan consistent with the City Engineer’s recommendations for the property located at 1354 Rest Point Circle. VOTE: Ayes 5, Nays 0. #05-3116 MINNETONKA POWER SQUADRON, 510 BIG ISLAND - CONDITIONAL USE PERMIT - RESOLUTION NO. 5347 White moved, Sansevere seconded, to adopt RESOLUTION NO. 5347, a Resolntion Granting a CondMonal Use Pm-mit for the property located at 510 Big Island. VOTE: Ayes 5, Nays 0. *7. #05-3117 JEFFREY GUSTAFSON, 1310 SPRUCE PLACE - VARIANCE - RESOLUTION NO. 5348 White moved, Sansevere seconded, to adopt RESOLUTION NO. 5348, a Resolntion granting lot width and lot area variances and granting of a ConditioBal Use Permit to allow grading within the 0-75 ’ setback npon removal of the existing home. VOTE: Ayes 5, Nays 0. *8. #05-3118 MARK AND JULIE PARTEN, 1310 VINE PLACE - VARIANCE - RESOLUTION NO. 5349 White moved, Sansevere seconded, to adopt RESOLUTION NO. 5349, a Resolntfon granting variances for the property located at 1310 Vine Place. VOTE: Ayes 5, Nays 0. *9. #05-3119 RAY NEWKIRK, 1489 SHOREUNE DRIVE - CONDITIONAL USE PERMIT RESOLUTION NO. 5350 White moved, Sansevere seconded, to adopt RESOLirriON NO. 5350, a Resolntion granting a ConditieBal Use Pomit for the property located at 1489 ShoreHne Drive. VOTE: Ayes5,NaysO. PAGE 7 1^ It i MIlIl mm J \w I ih> . MINUTES OF THE ORONO CITY COUNCIL MEETING Moiday, July 11,2005 7:00 o’clock p.ni. * 10. #05-3122 DAN-BAR HOMES, 1001 WILDHURST TRAIL - VARIANCE RENEWAL - RESOLUTION NO. 5351 White moved, Susevere seconded, to adopt RESOLUTION NO. 5351, a Resolution granting a lot width variance for the property located at 1001 WUdhurst Trail. VOTE: Ayes 5, Nays 0. 11. #05-3123 MICHAEL AND KRISTEN HART, 1005 LINDEN LANE - VARIANCE - RESOLUTION NO. 5332 Michael Hail, Applicant, was present. Curtis stated the applicant is requesting hardcover variances in order to construct a 755 square foot garage addition to their existing home. Based on the Planning Commission recommendation, the applicants have removed the three setback variances from their request and have provided a revised home plan consistent with the recommendation. The applicants are now requesting: One, 16 percent hardcover within the 0- 75’ zone where 0 percent is normally allow ed and 17 percent currently exists; two, 43.5 percent hardcover within the 75’-2S0’ zone where 25 percent is normally allowed and 57 percent currently exists; and three, 45 percent hardcover within the 250’-500’ zone where 30 percent is normally allowed and 57 percent currently exists. The Plarming Commission voted 5-1 to recommend approval of the hardcover variances in order to construct the garage addition and second story; however, the Planning Commission recommended denial of the lake, average lakeshore and side setback variances, which were part of the first request. Staff recommends approval of the hardcover variaiKes. Curtis noted the applicants have provided the City with an easement for the sewer line located lakeward of the home. Hart indicated he has nothing to add to Staffs report. Murphy noted the overall hardcover on this lot is being reduced with this prt^sal. McMillan stated the lot is very small in size. McMillan noted the structural coverage for this lot is less frian IS percent. McMillan moved, Murphy seconded, to adopt RESOLUTION NO. 5352, a Resolution granting hardcover variances far the property located at 1005 Linden Lane. VOTE: Ayes5,NaysO. 12. #05-3125 CHRISTINE VALERIUS, 2377 SHADYWOOD ROAD - CONDITIONAL USE PERMIT AND VARIANCE Christme Valerius, Applicant, and Phillip Fisk, Contractor, were present. PAGES MINUTES OF THE ORONO CITY COUNCIL MEETING Moiday, July 11,2005 7:00 o’clock p.m. CITY ADMINISTRATOR’S REPORT *14. FILL VACANT PT POLICE OFFICER POSITION - RESOLUTION NO. 5354 Wkhc moved, Sauevere secoaded, to approve the hiring of Christopher Michael Pharo as a part- time licensed officer at the beginning patrol officer pay rate of $19.67. VOTE: Ayes 5, Nays 0. White moved, Sansevere seconded, to adopt RESOLUTION NO. 5354, a Resolution declaring that the part-time position held by Christopher M. Pharo is that of a police officer as defined for purposes of PERA pension eligibiUty. VOTE: Ayes 5, Nays 0. 15. PROPOSAL FROM DSU FOR PLANNING SERVICES Murphy stated he does not have a problem with the proposal but recommended that the Council give some consideration to placing a morattNium on future construction in the Navarre area. Murphy inquired whether that could be added to the proposal. White expressed some ctmeem that the issues relating to future development in Navarre would need to be addressed within a short time frame if a moratorium is imposed. White requested the moratorium be discussed at the City Council workshop scheduled for July M"*. Gaffion recommended the Council address the issue of parking in Navarre, which would give some guidance to the future development of this area, and whether a parking study should be conducted and how the costs of the study should be assessed. Gaffron noted the majority of the residents that appeared at the Plaiming Conunission meeting were in favor of the Narrows expansion project. McMillan and White indicated they would be in favor of a parking study being conducted in this area. Gaffron stated the parking stalls are narrower than what the City code allows and that a number of stalls would be eliminate if the stalls were restriped to the proper width. Murphy ctmeurred that a parking study would be prudent for this area. Murphy questioned whether the motorcyclists patronizing the Narrows Saloon should park in the rear. Sansavere indicated he has observed recently that the motorcyclists do tend to park in the back of the Narrows Saloon building and that there is not a large number of vehicles parking in the fnmt. Leslie stated the Planning Commission has requested a parking study as part of the Narrows application. Murphy moved, Petersou seconded, to approve the proposal from DSU related to the Comprehensive Plan update and the Navarre commercial area, and approving a budget adjustment In the General Fund to reflect the level of expenditures approved. VOTE: Ayes 5, Nays 0. PAGE 11 ? i MINUTES OF THE ORONO CITY COUNCIL MEETING Moaday, Jaly 11,2005 7:00 o’clock p.m. OTY ATTORNEY’S REPORT None *UCENSES GAMBLING PREMISES PERMIT > RESOLUTION NO. 5355 1.AppUcaat: Lontioo: Date; Northwest Toaka Lioas Narrows Salooa 3380 ShoreNae Drive Septeiaber 1,2005 tbroagh December 31,2006 GARBAGE HAULER 2.Blackowiak Sc Soa, lac., RoUoff Service 1195 SaaayflcM Road North Moaad, MN 55364 3.Raady ’s SaaHatioa 4351 U.S. Hwy 12 SE Ddaao, MN 55328 '■ VcH Coatalaer Coip 14000 VaR Place Roftrs, MN 55374 Veit Disposal Systenu SPECIAL EVENT 5.Appllcaat: Evcat: Locatioo: Date: Time: Ciady Wageacr Recepdoa aad live OMsk 1420 Boha’s Poiat Road SatanUy, Jaly 16,2005 5:00 p.ai. - Mlda^ht White Bwvcd, Saaaevcrc sacoaded, to approve the above Hccascs. VOTE: Ayes5,NaysO. PAGE 12 • • , % MINUTES OF THE ORONO CITY COUNCIL MEETING Moaday, Jaly 11,2005 7:00 o ’clock pja. •17. BILLS Wkite aMvcd, SaaicvcreMCoaded, to approve payaMat of the All Foods Accoaat VOTE: Ayes 5, Nays 0. ADJOURNMENT Fctcnoo BMivcd, Saascvcrc sccoodcd, to adjooro the Orooo City CoaocU meetiag of Jaly 11,2005, at0:30p.Bi. VOTE: Ayes 5, Nays 0. ATTEST: Llada S. Vee, CHy Clerk Barbara Petersoo, Mayor ■fsr.y -'.. V:* ^ .« PAGE 13 1 H 8 3107 ( 3133 Csi I '( 'X o V AGENDA FOR COUNCIL MEETING SET FOR MONDAY, JULY 25,2005, 7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELI.EY PARKM AY, ORONO, MINNESOI A (♦) Asterisk items are considered to be routine items to be enacted upon by one motion by the City C'ouncil under the Consent Itcm^ 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. JUL 2 ^ CITY OF OHonO ROLL CALL PI.EDGE OF ALI.EGIANCE CONSENT AGENDA 1. Approve/'Amend APPROVAL OF MINUTES ♦ 2. Regular Council Meeting of July 11, 2005 PARK COMMISSION COMMENTS • Pal Wolfe. Reprcscnlativc PLANNING COMMISSION COMMENTS - Ralph Kempf. Reprcscnlatis e PUBLIC COMMENTS - (Liiiiil 5 Minutes Per Person) ZONING ADMINISTRATOR’S REPORT ♦ 3. #05-3091 Catherine Sallas. 3635 North Shore Drive - After-the-Fact Variance - Resolution 4. #05*3104 David and Renee Mack. 1978 Shaduvood Road - Vanance - Resolution ♦ 5. #05-3107 Scott Bissen and Michelle Morey, 825 Tonkawa Road - Variance - Resolution ♦ 6. #05-3113 Natural Environments Corporation on behalf of Dennis and Amanda Walsh, 1354 Rest Point Circle - Conditional Use Permit - Resolution ♦ 7. #05-3125 Christine Valerius. 2377 Shadwood Road - Conditional Use Permit - Resolution ♦ 8. #05-3127 James and Margaret Kelly, 4445 North Shore Drive - Variance - Resolution ♦ 9. #05-3132 Brad and Cher>1 Jones, 2545 North Shore Drive - X'ariancc and Conditional Use Permit Resolution 10. #05-3133 Bruce and Elizabeth Nusbaum, 3480 North Shore Drive - Vanance ♦ 11. #05-3137 Robert and Victona Jaffray, 540 Barrett Avenue - Variances - Resolution 12. Moratorium on Development in Navarre Commercial District - Ordinance 13. Sloncbay Developers Agreement Assignment Approval 14. Appeal of Enforcement Action - 2600 Casco Point Road 15 Septic Code Amendment - Add Enforcement Language - Ordinance NUYOR/COUNCIL REPORT 16. Proclamation - National Night Out - Resolution public : SERVICE DIRECTOR’S REPORT 17. Accept Quotations - Wildlmrst Forccniain Replacement 18. Approve Payment of Eminent Domain Settlement - Elmwood Avenue 19. Request for Payment Number 1 - Webber Hills Sewer Extension 20. Request for Final Payment - Garden Lane Sewer Extension CITY ADMINISTRATOR’S REPORT 21. Invoice for lx>ng Lake Fire Station Landscaping 22. Donations for the Operation of the Highway 12 Shuttlc^'Circulator Bus 23. Police Sergeant 2005 Contract Settlement 24. Liquidation of Forfeited Vehicles 25. Hire Full-Time Community Service Officer CITY ATTORNEY’S REPORT • 26 LICENSES Garbage Hauler Special Event Tobacco License ♦ 27 BILLS DateAppHcalloii Received: 02-l7-«5 Date Applicatioa CoatMered u Conpletc: 03-03-05 60-Day Review Pe.iod Eipirca: 05-03-05 60-Day Review Period Eiteadcd to: 07-03-05 AppHeaal Eiteaeioa to: 07-31-05 COlIkir^n M 2 5 2005 city oh Ohuivo REQUEST FOR COUNCIL ACTION Date: July 21,2005 Item No. 3 Department Approval: . . Name: Melanie Curtis %aC/ Title: City Planner V Administrator Approval:Agenda Seci ion: Item Description: tlOS-3091 - Catherine Sallas - 3635 North Shore Dr - Aftcr-the-Fact Variances - Resolution Zoning DistricI: Lot Area: Lot Width: LR-IC, One Family Lakeshore Residential, 0.5/100' 7,025 s.f. (0.16 acre) 50’ List of Exhibits: A. Resolution per Council Decision B. Council Action Notice dated 05-10-05 C. Council Minutes from 05-09-05 D. Applicant Extension E. Council Packet of 05-03-05 Application Summary: The iq)plicant is requesting after-the-fact lake and side setback variances and a 0-75’ hardcover variance to allow an existing roof top deck to remain 50’ from the lake and 9 ’ from the southwest lot line on the roof of the existing home. Planning Commission Recommendation On April 18, 2005, Planning Commission voted 4-3 to recommend approval of the after-the-fact variances in conjunction with removal of all portions of the existing grade-level deck that extend lakeward of the average lakeshore setback (aj^roximately 140 s.f.). Council Action of May 9,2005 This application was reviewed at your May O"* meeting. At that time the Council granted approval of the side, lake setback and hardcover variances in conjunction with removal of the portions of the grade-level deck which extend past the average lakeshore setback line (140 s.f.). Planning Staff Recommendation Review the attached Resolution to assure that it reflects Council ’s decision. COUNCIL ACTION REQUESTED Approve or amend the attached Resolution. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-3S0(B), 78-1288, AND 78-1279(1) FILE NO. 05-3091 WHEREAS, Catherine M. Sallas, a single person (hereinafter “the applicant”) is ftie owner of the property located at 3635 North Shore Drive within the City of Orono (hereinafter the “City”) and legally described as follows: Lot 8. Auditor ’s Subdivision No. 273, 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 78-3S(KB) to allow a roof-top deck to be located 9* from the side lot line where a 10* setback is normally required; and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1288 to allow hardcover within the 0-7S* setback zone of 1,200 s.f or 31.5% vriiere 0% is normally allovrod; and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279(1) to allow a roof-top deck to be located on the roof of the existing home 49’ from the OHWL of Lake Minnetonka where a 75’ setback is normally required. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. 2. This application was reviewed as Zoning File 05-3091. The property is located in the LR-IC One Family Lakeshore Residential Zoning District which requires a minimum lot area of 0.5 acre and a minimum lot width of 100’. Page 1 of 5 --------irttatTl ITT- — ............ 3.The Planning Commission reviewed this application at a public hearing held on April 18, 2005 and recommended approval of the side setback, lake setback and hardcover variances based on the following findings: a. The property has 0.16 acre or 7,025 s.f. in area and 50’ in width at the lake and 50’ at the 75’ setback from Lake Minnetonka. b. Over half of the applicant’s property and half of the applicant’s home are located within 75’ of the OHWL. c. There is no additional land available for acquisition by the applicant to make the property conforming. d. The roof-top deck will not have a negative impact on light, air or open space within the neighboihood. e. The roof-top deck is not out of character for the immediate neighboriiood. f. The roof-top deck does not encroach further into the nonconforming lake or side setbacks than that of the existing house. The City Council reviewed this application on May 9, 2005 and July 25, 2005 and approved the side setback, lake setback and hardcover variances based on the following findings: a. The deck as it exists is not inappropriate as long as its structural integrity and conformance to building code is confirmed. b. The deck is appropriate only if other deck areas specifically the grade level deck portion lying nearer the lake that the average setback line is removed. 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 I- -tit ,1 iJ 6.The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal 2tening Code Sections 78-350(B), 78-1288, and 78- 1279 to allow a roof-top deck above the existing home subject to the following conditions: I. The roof-top deck shall be inspected by the building inspector to assess structural integrity. The applicant shall complete any corrections recommended by the building inspector with respect to structural integrity. 2. The applicant shall remove the entire 140 s.f of grade-level deck which lies ahead of the average lakeshore setback line. 3. 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. 4. Hardcover in the 0-75* zone shall not increase above the level of 1,200 s.f. or 3I.5H. Hardcover in the 75-250 ’ zone shall be limited to 2,092 s.f or 64.8% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicant is advised that any future requests to increase hardcover or change the iMture of existing/an>roved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. Page 3 of 5 1 itlitnifiiMitir'a • ,/ •* -. V • ' V* •-» /*«^.'*.. .•. %• 5. Applicant shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover sifffoces. 6. Required removals of structure and hardcover shall be completed prior to the issuance of a building permit for the roof-top deck and no later than October 1, 2005. 7. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (July 25,2006). 8. 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. 9. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of the iq>plicant and the applicant’s heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 25"' day of July, 2005. ATTEST: Linda S. Vee. City Clerk Barbara A. Peterson, Mayor Property Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN Page 4 of 5 laack. ?■ . The foregoing instrument was acknowledged before me on this__day of July, 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of _______, 2005 by Linda S. Vec, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this by Catherine M. Sallas, a single person. day of ^2005 Notary Public Page 5 of 5 ftsseumeti WtiUTA . K COUNTY ROAD w (,t\, ^*u lake MINNETONKA i::' 1 •» • « r% CITYOPORONO 2750 Kelley Parkway P.O. Box M Cryital Bay, MN 5S323 (9S2)24M600 ZONING FILE OS-3091 NOTICE OF COUNCIL ACTION DATE OF NOTICE: May 10,2005 TO: Catfeeriae Sallas 3220 Bohas Potat Rd Wayiata, MN 55391 COPIES: TYPE OF APPLICATION: after-the-fact variances DATE OF MEETING: May 9,2005 VOTE: 3 FOR 2 AGAINST c Motion: To approve the roof-top deck in conjunction with removal of portions of the grade-level deck lakeward of the average lakeshore setback. The roof-top deck must be inspected to assure structural stability. i^frficaat's next schednled meeting (for Resolution approval) is confirmed as; City Council - May 25,2005 - Meeting starts at 7:00 pm If you desire certified copies of the ofiBcial Council minutes, they are available from the City Clerk after review and apfxovd by the City Council. If you have questions please call Melanie Curtis, City Planner, at 952.249.4627. *..V . \ . ; L iTMiiiiifiilhiii niiiiiliwiViriiri •• i’ I'l'i III iiiiift'iifiTii J ^ • p r * % &ttie>iTC- MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 9,2005 7:00 o*clock p.m. *5. #05-3074 SEAN AND MELISSA WAMBOLD, 1379 PARK DRIVE - VARIANCE AND CONDITIONAL USE PERMIT - RESOLUTION NO. 5322 McMIOan movad, Petenon seconded, to adopt RESOLUTION NO. 5322, a Resolution granting hardcover variances and a conditional nse permit for the property located at 1379 Park Drive. VOTE: Ayes S, Nays 0. 6. #05-3091 CATHERINE SALLAS, 3635 NORTH SHORE DRIVE - AFTER-THE-FACT VARIANCE Catherine Sallas, Applicant, was present. Curtis stated the applicant is requesting after-the-fact lake and side setback variances and a 0-75 ’ hardcover variance to allow an existing roof top deck to remain SO feet from the lake and nine feet from the southwest lot line on toe roof of the existing home. The neighboring property owners have provided additional written comments and photos illustrating their concerns. The Planning Commission voted 4-3 to recommend approval of the after-the-fact variances in conjunction with removal of all portions of the existing grade-level deck that extend lakeward of the average lakeshore setback. Planning Staff recommends approval of toe after-the-fact lake and side setback variances and hardcover variance with the stipulation that an equivalent square footage of hardcover be removed to offset the new hardcover consisting of S2 square feet for the stairs accessing the roof top deck. Murphy inquired whether Staff would be inspecting the deck. Curtis stated Staff would need to inspect it in order to issue a building permit. Oaffion stated it is his understanding the building inspector has previously reviewed the deck and that there are only some minor changes that need to be made to the deck. Curtis stated she has gone up on top of the deck and that it appears to be stable. Murphy indicated he has visited this site and that there appears to be a droop to the roofline, and questioned whether the deck is really structurally stable. Curtis stated the neighbors did provide a photograph of the deck, which may help to illustrate the condition of the deck. Curtis noted the photograph does not depict that portion of the deck clearly. PAGE 9 I ) * t * V MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 9,2005 7:00 o'clock p.m. (#05-3091 Catherine Sallaa, Continued) McMillan noted the Planning Commiuion had a concern with the ground level deck, and inquired whether diere ia a variance for the lower level deck. Curtia stated the City does not have a variance on record for that deck. The Planning Commission recommended removal of the portion of the deck that extends into the average lakeshore setback. Brad Olson, 3645 North Shore Drive, stated this is not a personal issue with the current renter or the property owner, but noted there are no permits on record with the City for the deck, the patio or the stoop to get up to the deck, and that in light of the illegal placement of these structures on the property, a portion of the hardcover on the property in his opinion should be removed. Olson indicated there was a debate at the Planning Commission abwt whethiv there was a hardship, and that in his opinion this property can be put to reasonable use without the roof top deck. Olson stated there were numerous times the City approached the previous property owner concerning the deck and that this is really a lack of disclosure to the new owner. Olson stated the deck is invasive to their privacy and tlicy would like some of these violations addressed. Mark Welch, 3625 North Shore Drive, stated at the time he constructed his half-story, he was required to comply with all the regulations of the City. Sallas indicated she purchased die property with the deck existing, noting that she was infonned after the purchase that the lower level deck was over the average lakeshore setback by 52 feet. Sallas stated she is willing to reduce die lower level deck. Sallas noted under current City codes she would be allowed to construct a two-story residence and that this is really not a privacy issue. Sallas stated the ];nevious property owner did not make her aware of these issues and that she has made improvements to the property to make the house more appealing. Sallas stated in her opinion the upper deck is an integral part of the house and that she would prefer not to remove more than 52 feet off the lower deck. White inquired whedier the previous property owner was subject to a lot of code violations. Oafiron stated the City’s file does show a number of improvements to the property early on but that for a period of approximately 30 years, from 1974 to 2004, no permits were obtained. Welch noted the carport is right on the property line. Sallas inquired why she should be penalized for items that are 30 to 40 years old. Murphy inqui^ how the City became aware of this property. Curtis stated the file contains letters from Lyle Oman to the previous property owner and that this matter wu brought to StafTs attention by an inquiry from an adjoining property owner. PAGE 10 I ’< f MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 9,2005 7:00 o'clock p.m. (#05-3091 Catherine Sallas, Continued) Gaffton stated a rooftop deck is a building issue and is not really a zoning issue except for that portion of the deck that encroa^.ies within the side yard setback. Sallas stated to her knowledge this house has existed in pretty much its present condition for the past 70 years. Sallas commented if the City were to examine every piece of property within the City, they would likely find numerous situations where structural coverage or hardcover has l^n added without the City’s knowledge. Murphy stated by definition this is a rooftop deck and that the City has nothing in their regulations that prohibits a rooftop deck. Gaffron stated the code addresses setbacks and heights and that a second story could potentially be approved on this residence. Murphy inquired what would need to be done structurally to the house if the deck were removed. Kellogg indicated he has not reviewed the deck personally and is unsure what work would be required to the residence. Gaflron stated in his opinion the roof was treated in some way to be made impervious and that he is unsure what needs to Ire done in order to remove the deck. Gaflron stated the building inspector would need to inspiret the roof to determine exactly what needs to be done. Murphy reiterated there is a droop in the roofline on the south side of the deck that should be examined. White stated he does not see a legal reason to not allow the deck. White noted fencing is not allowed within 7S feet of the lakeshore, and suggested a portion of the fencing be removed. White moved, Sausevere seconded, to approve an after-the-fact variance for the property located at 3635 North Shore Drive, subject to the removal of all fencing located within the 0-7b' zone and further subject to the removal of 140 feet of hardcover from the existing grade-level deck that extends lakeward of tho average lakeshore setback. Sallas stated she is not agreeable to removing all the fencing. Sallas stated that is a considerable amount of hardcover. Sallas stated at some point in the future this residence probably would be tom down but that she would like to keep what was on the property at the time she purchased it. Sallas stated in her opinion she is being asked to remove an unreasonable amount of hardcover. Sansevere stated the amount of hardcover the Council is asking be removed is really not a negotiation. McMillan noted the deck does encroach on the side yard setback and that that encroachment should be compensated in some way. McMillan inquired whether there is fencing on both sides of the house. PAGE 11 MINUTES OF THE ORONO ciry council meeting Monday, May 9,2005 7:00 o’clock p.m. (#05-3091 Catherine SaUai, Continued) Sallas stated the fencing is on both sides of the property and extends almost to the lakeshore. Murphy inquired whether die motion included removal of the fencing on both sides of the property. White stated it does. Welch stated he is opposed to the removal of the fencing on his side of the property. Welch stated if the fence is removed, the rooftop deck should be removed. Brad Olson stated they have requested that the rooftop deck be removed. Mrs. Olson stated they would prefer the lower deck be left as is and the upper deck removed. Barrett noted this is an after-the-fact variance request and that the Council probably would not have granted a side yard seftiack variance. Barrett stated denial of the variance would be legitimate and that there could be a trade-off by removing some of the other hardcover on the property. Sallas stated she was not aware of the complaint about the deck at the time she purchased the property. Barrett stated the issue for the Council to consider is what is good compensation with respect to the deck. McMillan stated she would like a portion of the lower deck removed. White withdrew his mothm. Jurgens stated this is an after-the-fact variance and that a structural engineer would be required to review the deck. Jurgens stated the deck might need to be removed if it is not structurally sound. Olson noted a variance was denied previously for a roof top deck because it was not considered structurally sound. McMillan Meved, to approve Application #05-3091,3035 North Shore Drive, granting of an after- the-fact lake and side s^ack variances pending stmctural review and approval of the deck and farther sabjcct to the removal of 104 feet of the grade-level deck to compensate for the encroachments. Sansevne inquired whether the deck should be removed to the average lakeshore setback. McMillan stated in her opinion the 104 square foot removal is just compensation for the encroachment. MOTION 0 I ^ »DUB TO LACK OF SECOND. PAGE 12 h' ii IP MINUTES OF THE ORONO OTY COUNCIL MEETING Monday, May 9,2005 7:00 o ’clock p.m. (#05-3091 Catherine Sallas, Continued) Sanaevere moved, Peterson seconded, to approve Application #05-3091,3635 North Shore Drive, granting of an after-the-fact lake and side setback variances pending structural review and approval of the deck, and fbrther subject to the removal of 140 square feet of deck located within the average lakeshore setback Kellogg inquired what action should be taken if the deck is found structurally unsound. Barrett stated the deck would need to be made structurally sound or tom down. VOTE: Ayes 3, Nays 2, McMillan and Murphy Opposed. Murphy indicated he was opposed to the motion because the matter should have been deferred until a structural inspection was conducted and that a decision should be made based upon the structural merits of the deck. *8. #05-3105 PETER MARTINSON, 4460 FOREST LAKE LANDING - VARIANCE - RESOLUTION NO. 5323 McMillan moved, Peterson seconded, to adopt RESOLUTION NO. 5323, a Resolution granting lot width and lot area variances and a hardcover variance for the property located at 4460 Forest Lake Landing. VOTE: Ayes 5, Nays 0. 9. #05-3106 CINDY AND BRAD MCDONNELL, 1420 BALDUR PARK ROAD - VARIANCE Cindy and Brad McDonnell, Applicants, were present. Curtis stated the applicLuts have revised their request based on the Planning Commission recommendation and are requesting hardcover and structural coverage variances in order to construct an 80 square foot covered porch entry in the place of an existing 76 square foot deck. The applicants arc requesting a hardcover vanance within the 75’-250’ zone for 48.7 percent hardcover where S3.8 percent currently exists and a structural coverage variance to allow 1,797 square feet of structure when 1,500 square feet is normally allowed and 1,717 square feet currently exists. The Planning Commission recommended approval of the structural coverage and hardcover variances for construction of an 80 square foot covered porch entry with the removal of all plastic and fabric liners from landscape beds and play areas (if applicable), removal of the rock fire ring as noted on the survey, and an additional 250 square feet of driveway hardcover. PAGE 13 r - i ; i Ik acmAaiMnftkrW ra*r. k-mvn EXHlfidT O •:/ • Melanie Curtie From: Sont: To: Subject: CATHY M SALLAS [c8allas3220Qmsn.eom] Tuesday, June 14,2005 6:34 PM Melanie Curtis RE: Hi Cathy... Hi Melanie I am requesting in writing that the meeting for approvale be delayed until August due to the pending sale on the property. Thanks Cathy Sallas (concerning 3635 North Shore Drive) fqir: yyXXx, hi-xy rXA.:A% :* 9 >V- t X- . ■■ .. ■'t- ^^:■ .r-y- -f.V' ^ ^'^■ v4 fi e'HiRrT fe- Dite Application Received: 02*17>0S Dale Application Considered at Complete: 03-03-05 60-Day Review Period Expires: 05-03-05 60-Day Review Period Extended to: 07-03-05 REQUEST FOR COUNCIL ACTION Date: May 3,2005 Item No. Dcpartmciit Approval: Name: Melanie Curtis ||^ Title: City Planner ___ Administrator Approval:Agenda Section: Item Description: #05-3091 - Catherine Sallas - 3635 North Shore Dr - After-the-Fact Variances Zoning District: Lot Area: Lot Width: LR-IC, One I amily Lakeshore Residential, 0.5/100 ’ 7,025 s.f. (0.16 acre) 50 ’ List of Exhibits: A. PC Action Notice dated 04-19-05 B. PC Memo & Exhibits of 03-31-05 C. Letter from Adjacent Neighbors •7 - AppHcation Snmmary: The applicant is requesting after-the-fact lake and side setback variances and a 0-75 ’ hardcover variance to allow an existing roof top deck to remain 50 ’ from tie lake and 9’ from the southwest lot line on the roof of the existing home. The neighboring property owners have provided additional written comments and photos illustrating their concerns. Planning Commission Recommendation On April 18, 2005, Planning Commission voted 4-3 to recommend approval of the after-the-fact variances in conjunction with removal of all portions of the existing grade-level deck that extend lakeward of the average lakeshore setback (approximately 140 s.f.). Planning Staff Recommendation Planning staff recommends approval of the after-the-fact lake and side setback variances and hardcover variance with the stipulation that an equivalent square footage of hardcover be removed to account for the new hardcover (52 s.f. deck stair). COUNCIL ACTION REQUESTED Direct staff to draft a Resolution reflecting Council’s decision. !fiI CITYOFORONO 2750 Kclky Parkway POB0X66 Cryital Bay, MN 55323 952.249.4600 ZONING FILE 05-3091 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: April 19,2005 TO: Cathy Sq|Ias COPIES: 3220 Bohns Point Ln Wayzata, MN SS391 TYPE OF REQUEST:After-the-Fact Variances DATE OF MEETING:April 18,2005 PlaBBfaig CommiMioa recommended as follows: Approval of the afler-the-ftct lake and side setback variances for the roof top deck stipulating removal of the portions of grade level deck within the average iakeshore setback. VOTE:4 FOR 3 AGAINST Applicant’s next scheduled meeting is confirmed as: CHy Council - Monday, May 9**, 2005 - Meeting starts at 7:00 pm If you desire certified copies of the ofiicial Planning Commission minutes, they are available from the City Recorder after review and approval by the Planiung Commission. If you have questions, please call City Planner, Melanie Curtis at 952.249.4627. ,.n hm. ■ FILE W5-3091 31 March 2005 Page 1 of 4 Date AppHcation Received: 02>17>0S Date Application ConaMered as Complete: 03-03-0$ 60-Day Review Period Espirea: 05-03-0$ 60-Day Review Period Eitended to: 07-03-0$ To:Chair Rahn and Planning Commission Members Ron Moorse, City Administrator From: Dale: Subject: Melanie Curtis, City Planner March 31.2005 OS-3091, Catherine Sallas, 3635 North Shore Drive, After-the-Fact Variances Public Hearing Zoning District: Lot Area: Lot Width: LR-IC, One Family Lakesbore Residential, 0.5 acre/100’ 0.16 acre (7,025 s.f.) 50’ Application Summary: The applicant is requesting afler-the-fact lake and side setback variances to allow an existing roof top deck to remain 50* from the lake and 9’ from the southwest lot line on the roof of the existing home. _______________ Staff RecommendatUm: Planning Department Staff recommends approval of the after- the-fact variances for the rooftop deck. A building permit must be obtained for the deck. Hardship: Half of the existing one level house is within 75 * of Lake Minnetonka.______ Pertinent Zoning Ordinance Sections Sec. 78-350. Area, height, lot width and yard requirements. (a) Height. No structure or building in an LR-IC district shall exceed 2 1/2 stories or 30 feet in height except as provided in section 78-1366. (b)Lots. The fol owing minimum requirements shall be observed: Lot Arei (•ere) Lot Width (feet)Front Yard (reet)Side Yard (feet) Rear Yard (feet) Side Yard Adjacent to Street ((eet) o.s 100 30 10 30 15 Sec. 78-1288. Hard cover limitations. (a) No hard cover or impervious surface shall be placed, located or constructed within 75 feet of the ordinary high water level of any lake or tributary, except for stairways, lifts, landings and lockboxes as regulated elsewhere in this Code. (b) Between 75 feet and 250 feet of the OHWL, there shall be no greater than 25 percent hard cover. Between 250 feet and 500 feet of the OHWL there shall be no greater than 30 percent hardcover. Betweeu 500 feet and 1,000 feet of the OHWL there shall be no greater than 35 percent hardcover. Sec. 78-1279. Placement of structures on lots. When more than one setback applies to a site, structures and facilities must be .... I...- r 2.vs FILE #05-3091 31 March 2005 Page 2 of 4 located to meet all setbacks. Structures shall be located as follows: (1) Structure and on-site sewerage system setbacks (in feet) from ordinary high water level: Sclbacka Sewage Public Water Structure TreaUncnl Clasincalion OnKYHaal Sewered Syaism NE ISO ISO ISO RO too 7S 7S *GD (Lake Miaaclouka)75 75 75 Tributary too 7S 7S List of Exhibits A. Application B. Ha^hip Documentation Form C. Existing ft Proposed Survey/Site Plan D. Submitted Hardcover Calculations E. Aerial Photo F. Photos G. Comments from Neighbor H. Letters from City Staff regarding deck I. 60-Day Extension J. Property Owners List K. Plat Map Backgronad The property is currently owned by Catherine Sallas, the applicant. In April of 1998 the previous property owner was notified that a deck constructed on the roof of the home required permits and a variance. This deck was repaired by the same owner after a storm without building permits. In October of 2004, the current property owner was notified that this rooftop deck did not have proper City approval. LOT ANALYSIS WORSHEET LR-IC Lot Area Lot Width Required 2I.780s.f. (0.5 acre)100 ’ Actual 7.025 s.f. (0.16 acre)50 ’ LR-IC Required Exiatins Proposed Rear 30’42 ’No change NESide iO’ •0.15 ’ (home over the lot line) lO’deck No change ] SWSide I lO’4.5 ’ 9 ’ deck No change Lakeshore 75 ’ 27 ’ grade level deck 49 ’ existing home ft roof deck No change Average Lakeshore The deck and the existing home are located behind the average lakeshore setback. biiyiifrtitittifa 1 FILE «05-3091 31 March 2005 Page 3 of 4 Strictwral Coverage; Total Lot Area Total Structural Coverage 7,025 s.f. (0.16 acre)Allowed: 1053 s.f. (15%) Proposed: 929 s.f (13.2%) Hardcover Calculations: Hardcover Zone 0-75 75-250 Total Area in Zone 3,800 s.f. 3,225 s.f. Allowed Hardcover 0s.f (0%) 806 s.f. (25%) Existing Hardcover 1,340 s.f.* (35.26%) 2,092 s.f.* (64.8%) Proposed Hanicover 1,340 s.f. (35.26%) 2,092 s.f (64.8%) Total Site Hardcover 3,432 s.f 106% After exclusion of fabric or plastic-lined landscape beds Side Yard Setback Variance Most of the roof top deck meets the side setbacks on both side lot lines with the exception of a portion on the southwest side. The existing home is not constructed completely parallel to the property line. Although the deck stairs and the most lakeward portion of the deck on the southwest side meet a 10’ setback the angle of the home, with relation to the property line, a portion of the deck falls approximately 1’ short of meeting the setback. The total encroachment is approximately S s.f.. Lake Setback Variance Half of the existing one-level home is located within 75* of the OHWL. The deck is located on the roof of the lake side of the home, thus located within 75 ’ of the lake as well. Hardcover Variance With the exception of the 52 s.f. of stair, the roof top deck does not add to the overall hardcover of the site. There is currently 35.26% hardcover within the 0-75’ zone and 64.8% within the 75 ’-250’ zone. Including the road serving this property and one property to the west the total site hardcover is 106%. This percentage is based on the area of the 75 ’-250’ zone and accounts for the 1,340 s.f of nonconforming hardcover within 75 ’ of the lake. Hardship Statement Applicant has completed the Hardship Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Hardship Anaiysis /« coHMkkriMg ^gMc»HoHi for ¥mrt»Hc«, lire PUmutiig Commtsshu akmil consider Ike effect of Ike peofOKd vorUmce upon Ike keoHk, sofety ond welfare of Ike conunnnily, existing and anticipated traffic conditions, llgkl and air, danger efflre, risk to tke public spfety, and Ike effect on values of property In Ike surrounding area. Tke Hanning CommIssloH skall consider recommending approval for variances from tke Mend provisions of tke Eonlng Code In Instances wkere Ikeir strict enforcement would cause undue kardskip because of dreumstances unique to tke Individual property under consideration, and mstaM.iifiiirtTnfiilli FILE #05-3091 31MafCh200S Pegs 4 of 4 MkaH rtcammtml afpntml ttify when H b demo$u tnitd tk»t mck tdhiu wNt be /w ketplng wM Ike ipIrileiKlbiliibeftkeOntieZoHliigCe^e, Staffs conclusion is that the impacts of the very minor side setback encroachment are minimal, and that the deck is in a location that is as conforming a location as can be found on this very limited site. issnes for CoasMcnitioo ■ Planning Commission should address any concerns expressed by the neighbors. ■ Are there any other issues or concerns with this application? Staff RecomnseadatioB Planning Staff recommends approval of the after-the-fact side yard and lake setback variances for the rooftop deck. A building permit must be obtained for the deck. 1^^ ^ '■1%' * i Ns,-, - Uw.- V i' V'''.‘'r-^ -X'*.W r?i.H'id {. i . .C.V I X Ife mi *.• . ■ . ■ ■ ^ • 4'^ • ■ -t' •v'* I 1^4: City of Orono Variance Application street Address: d 2750 Kelley Parkway ^ Orono. MN 55356 11 @Main: 952-249-4600 ®^fax: 952-249-4616 Mating Address: . P.O. Box 66 Crystal Bay, MN 55323-0066 Application # \ Date Received: eJL hnloK Amount Paid:, 0^ Staff: K{jA£u/\u^ Tur^t'i Fee: S600 V, Renewal: $300 _____________ V'After-the-fact $1,200 Double Fee This appHcaiion form must be completed In full. Appleant will be notified within 15 days as to the status of the applicaUon. Incomplete appllcatione will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: ^ Site Address: Property Identification Number (PIN): ___________ (Attach legal description to application if n<^ included on the survey.) Date Property Acquired (mwtIVyear): 10/□ Yes, I own the adjacent parcels. Present use of property: ')P Residential' □ Other________________________ Zoning District: APPLICANT INFORMATION: (Cyrtplete legal nares and marital status required for each interested party) Name: 'lU >_______________ Phone (home): -Jl/ Address: Phone ^ Email:Q> Mi<Aj Fax: *^5^ -^7? OWNER INFORMATION: (Complete legal names s.'-.d marital status required for each interested party) Name: Phone (home): Address: ___ Email: Phone (work): Fax: DESCRIPTION OF REQUEST: Estimated Project Cost: Describe the request In detail (attach additional sheets If necessary): ________ AjLtJi of'. ^ U <Oi f/ '? 'f't ■' • r*% ..1 f "'•1 REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. □□□□ □□ □□ Pre-Application Meeting Form, completed by a City Planner. Completed Application Form Completed Hardship Documentation Form Certified Property Owners List - owners within 150 ’ of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department of Finance. Government Center, A-603 300 South 6“* Street, Minneapolis, telephon^612-34d-5910 '' Original Certificate of Survey (signed by a licensed surveyor), meeting ail 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 wKhin the variance packet). Topographic survey - including existing and proposed elevations. Provide one copy 8.5" x 11" or 11" X 17" for reproduction. Sketches or plans of floor and elevation, views (provide one copy 8.5" x11 ”orH"x1 7"). Additional items may be requested by City Staff depending on the scope of the project. * APPLICANT’S ACKNOWLEDGEMENT: The applicant hereby agrees to provide ail information required or requested by the Planning Department, agrees to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application and certifies that the information supplied is true and correct to the best of his/her knowledge. The applicant recognizes that he/she is solely responsible for 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 or denial of the request regardless of its potential merit. Applicant ’s Signature: Applicant's Signature: Date: Date: OWNER’S ACKNOWLEDGEMENT: The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission & Council Members for purposes of investigation and verification of this request. Owner ’s Signature: Owner ’s Signature: Date: Date: 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. rii • k.>'t. '•X *.' t .'V IkllM (-jtv/ UJo ■300 I ■■■ AililTl ..(pi Page 1 of 3 HARDSHIP DOCUMENTATION FORM This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statue Section 394.27, Subdivision 7 requires that a hardship be demonstrated in order for a variance to be granted. The hardship must be unique to the property as variances run vwth the land and not the land owner. Personal and economic situations are not considered valid hardships. In order for an application to be heard by the Planning Commission and City Council a hardship having merit must be demonstrated. HOW DO I PROVE A HARDSHIP? This form has 12 points outlining the basis City staff uses to determine if a hardship exists and how the variance will affect the surrounding community. To prove a hardship, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance ia Justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of these hardship criteria as they relate to the request (some may not apply): 1."The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. * t jilf11 -rU J yi?At A f jMc-C r ^ aT -rUJ 1 2. iLjLlL^ t '-/-dj ItA ffJjU-X^jrr-7 The plight of the j ijui landowner is due (1/ (aaj '44i/ tA.t> t-j due to circumstances unique to his property not created by the landowner." ... . Ck£J 3. tZ CnJ^< iU 5 ^ ' ~ "The variance, if granted, will not alter the essential character of the locality." tA-rV "Economic consideratidns alone ^all'^'not constitute an undue hardship if reasonable use for the property exists under the tenns of the Zoning Chapter." /t a.rrt^. /(T^ O « I'’> e CL.iSs' 'w V, M #•:.*•• i 1 4' > fefe> m 8. 9. 10. 11. Page 2 of3 "Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes. Section 1 16J.06, Subd. 2, when in harmony with this Chapter.” "The Board of Appeals and Acljustments 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." r 1 "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." / "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” Ci>iLc/ tJ^-T -\iAjSbtMA aiyL^r^ "The conditions do not apply aenerallv to other land or structures in the oistrinot apply generally to other land or structures in the district in which said land Is located." C':Arr. .Ajit J>A _____ ' ______________________________ scf dh\. -TjfJ /yrO -Aj!4x/^ ^^hch*>n^ i* 9 "The granting of the application is necessary for the preservation and enjoyment of a substantialor^rty right of the applicant." , . -t jL-Isy/jA • Cs/V<^K- t.:Ag^-cr q^mJ-A..t /-yg^ ^ >/u 'The granting of the proposed variance will not in any way impaV health, safety, ^ \ comfort, morals, or in any other respect be contrary to the intent of the Zoning ______Aj lAJiU £ii-4io-eA^i (AyL . J=r^-ft \ rrr l»i %•iV. ,*^c /.• ^ •t ^K-'i Hi ■ ''li/ 1 Page 3 of3 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrabie hardship or difficulty." Hardship Statement Should you feet the hardship cannot fully be described in the above criteria, describe the unique hardship, practical difficulty or unusual property conditions preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): '^\±A^ A (iJuUxLA tafc -UM£4>^7%^ '/-i-e (o^ntJ /.lUiJaAj AV 0/ (j flo-H^ i_uu„u^c -J du c■I /tm: /v-y5'^ v> <J yLyLuM^ / /x^cA. lake MINNETONKA : » • 0 0 A HARDCOVE SETBACK ZONE: (CIRCLE ONE) EXISTING Ha RDCO VER IN ZONE J" -»/ CULATION WORKSHEET 75-250* 250-500* 500-1000' A. House Length Width S.F. X X X S.F. S.F. S.F. B. Garage C. Driveway S.F. X X S.F. S.F. D. SidMualk X X S.F. S.F. E. Patio^eck X X ^/Z S.F. S.F. F. LandKape Underlain By Plastic Or Fabric X X X S.F. S.F. SJ. Q. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _ _ + B SSOCf xlOO - mQPQSBP HARDCOVER IN ZONK A. House Length Width X X X B. Oarige C. Driveway X X D. Sidewalk X X '3 _S.F. S.F.A S.F.B“irSTaST % _S.F. S.F. S.F. _S.F.a _S.F. • S.F. _S.F. S.F. %J- vil _S.F. E. Patio/Deck X X S.F. S.F. F. LandKape * Underiain By Plastic Or Fabric X X X S.F. S.F. S.F. H . . j -a- O. Other 6 I,--S.F. TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A . ______________ + B XlOO - S.F. A S.F. B % ■CMlSkM r>tt*rwMn* Exhibit E y .• ■-vC'.-ti;-' \tU A * j •». Vv, * .r V r/^ C - y ^.r . • .«* ■•' ••• "M" ft-- #t> . "V ,%ji ?■ >> :. 7A'?*w im, %>* ^ -'VW'.X - , i^m :m# miliV^ # ■• 7!W I# \ *► %': V. . A , <<•. '■<. 3635 North Shore Drive * Overview Map M. ■f 'Vv-VV ■ ' y ■ >‘- ' V?'» 4«/ V *.f A \ ; \f/mi- i i' .% -I ■m r1'^ mi mm-M #',' m ■' m IIP mil sJi ll' *'''^^rf_y ,»_/ ■ iPili *-^A /•I'v sssmc-W:k ^ • " -• 5 ^c./«'* > ;v^/• ^ • > -. ..«.,r r 2^V > ^2'' ■ r -■ iH V-- "■'. ■ ■; ^1 'Mmi.; •. 'm'lK'-f'r-. ;• J' mm ' '* (WIOM \1 t / .m i' ' / •'' • ^ * A i* u .< il Jilt’S . •V I,* ^ . 1 '. -r M’Vt*f^» *.*^i Ay^'y}:'' *x H. --» ‘ 'nv • • i-’^y'. ’• .vf«> n#.*^T ■^'a* i • It. iiv'W- -.vV-; ■M# 4t O /i ^ •; A ^ ^ v^ Si> • * • ^*.U*au^ • “= i^*- kTri i iii 1^ ‘ ji K‘V\,.7 W'-^Pr"#■Ff! • -im K-i')*pimm WMi\Al^r^m 1 mm '• -: # ^ -rj'i ST* ^SCSBI*SwH i; I' i/i®L.^'r ii ■- B i I' IM!we'.vl I A \l/ JT , • i' n ' <■'’ ^' r* - • a 4^^m^m / y •r/ • 'J :ll! wmm /•. / •.i t • i .y .i - *x« ^ <^J» -«b yJ*' ' J.^*£> m •' . ---------- A /■ 12005 •'« r 4^ •• •• ♦ «* • < Ki ». H crrYofCHiONO Municipal Offices Straet Addrais: • 2750 Kelts) Pariiwey Orono, MN 55356 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323 0066 Wayzata, Minnesota SS391 Re: Deck Construction Dear Mr. Doitch: On April 24,1998 tWs oflBce notified you of the requirement for a building permit to construct decks in the City* of Orono. You were also notified of zoning violations vnth the deck. Since that notification, the deck was storm damaged and repaired again without building permits. Therefore, the City must require you to remove the deck or file a variance application to see if the City Council would grant variances to allow you to keep it. A deadline of November 30, 1998 has been established for removal or submittal. If you have any questions, please feel free to contact me at my office. Sincerely, Lyle Oman Building Official LO/ch Enc. Variance Application cc; Bruce L. Vang, Field Inspector i : II WifheM (419 473-73S7 * VAX47M810 // • I o o -\ V. \\ 'A ‘ ^ v*> •v\ /- i!CITY of ORONO li Munkipal Offices SlfMt Mdress: 2750 Keite) Parkway Orono, MN 553bC Malliiil Address: P.O. Box 66 Crystal Bay, MN 55323-0066 October 28,2004 Catherine M. Sallas 795 Femdale Rd N. Wayzata, MN 55391 RE: Deck at 3635 North Shore Drive Dear Ms. Sallas: This letter is regarding a roof-top deck which was constructed hy the previous owner of your property at 3635 North Shore Drive. The previous owner was notified, by the attached letter from City staff and during numerous subsequent conversations over a long period of time that the subject deck was constructed in violation of City Codes and without a building permit. This letter is your official notification that the deck remains in violation of City Codes. The City requires that the deck be removed or a variance must be obtained in ordw bring the property into compliance. A variance application is enclosed and a meeting with City staff is required prior to submittal. Please remove the deck or complete the application and schedule a meeting with me prior to December 13,2004 to avoid legal action by the City. Your cooperation in this matter is appreciated. Please contact me at 952.249.4627 or mcurtia@ci.orono.mn.ua with questions or to set up a meeting. Sincerely, City of Orono LUUCd^O^ Melanie Curtis City Planner end c: Lyle Oman, City of Orono, Building Official -aauniKi •» HkplMMM (952) 249-4600 • Ika (952) 249^16 I April 13,2005 Brod d Donno Olson 3645 North Shore Drive Orono, MN 55391 X To Whom It May Concern: We are the owners of 3645 North Shore Drive property. The purpose of this letter is to protest a zoning variance application for a rooftop deck, applied for by the owner of the adjoining property, 3635 North Shore Drive. This deck is non-conforming in accordance with City of Orono code, and is also extremely intrusive of our privacy. The deck is less than 15 feet fi-om the back door of our home. The bottom photo, taken from our main bathroom, provides a clear view of its intrusive proximity; it seems you could reach out and touch someone as they are walking up the stairs of this structure. In addition to being intrusive, the deck was very cheaply built and aesthetically challenged. Because of the close proximity to our home, anyone on the deck speaking in a normal voice, sounds like they are standing next to us when we’re in our front yard or in our home when the windows are open. It is not our intention to cause the Landlord or Renter unnecessary difficulty or expense, but this deck was built without permission or by following the proper rules of the City of Orono and therefore should be removed in a timely matter following this ruling. i 4^’!V V .\J ‘ws»».» '' .i m■•■* I ’f ^ ■■ ■ » " - y. y. . ... ^ ■'V,^ ■ '. , <;. ’ t- ' > I,' /i*':: ;. ..'■..y.^’i! ^-^rm4¥i; v^' ii .Vm‘ 0,'. ■v^i.>p. .,.. JT'V >:iy * f • ]© iemdh,&M\L..' aili r®- » I Mark Wdch 3635 North Shore Drive Orono, MN 55391 'C/ - X Respectfully Submitted to City of Orono Planning Commission Members: ^ the o^r of the property at 3625 North Shore Drive, and neighbor to 3635 North Shore Drive, I want to express my apposition to the potential granting of a variance for the deck on top of 3635. I r^tly completed the construction of my property and carefully followed the codes ^ rulM m ordw to build a "neighbor friendly" home. I strongly feel that it is important that the houses in our neighborhood not only be aesthetically appealing, but also be constructed under the proper rules.. .their deck is neither! I also find the deck to an invasion of my privacy (see pictures). When the current rrato and their gi^ts is on this deck, their voices caiiy so loudly that it sounds like they re standing right next to you. I am also uncomfortable with someone having the abiUty to sit up there and look at everything I’m doing in my yard. I’m not trying to be difficult, but I trust the deck will be taken down soon. Thank you. Respectfully, Mark Welch m 9 * : 4 i.niM- I - «» i i’ 1 crrYofORONo Municlpd Offices StiMt Mimt; 2750 Kelley Parkway Orono, MN 55356 MalNiv Mdrass: P.O. Box 66 Crystal Bay, MN 55323-0066 Catherine Sallas 3220 Bohns Point Ln Wayzata, MN SS391 SUBJECT: Zoning Application #05-3091 The City of Orono is required to notify you within fifteen (15) business days as to the status of your l^>plication for an after-the-fact variance for property located at 3635 North Shore Drive. Our preliminary review indicates that your application is complete. Based on our discussions it appears your vacation coincides with our March meeting date. As a result your explication is scheduled to appear before the Planning Commission on Monday, April 18,2005. The meeting begins at 6:00 p.m. Please make sure that you or your representative is available to attend the meeting. You will be mailed a staff report regarding your explication prior to the meeting date. State law provides that Cities shall make decisions on zoning requests within 60 days from the date of explication, and that this review period may be extended by notification to the applicant. Your appUcation was reviewed and considered completed on March 3,2005 and the 60-day review period would end on May 3,2005. Due to the delayed Planning Commission date the earliest potential date of final Council action falls near the expiration of the 60-day period. Therefore^ the review period is herefy extended by this notice an additional 60 dt^ to July 3,2005. Please call me at 952.249.4627 should you have any questions. Sincerely, Melanie Curtis City Planner t 1UephoM(9S2)24M<eO • Ru (952) 24M416 wirwxL«rooojna.iM jSW-r ■-m :' '•■ ■.it;:, • ■'■Mm RUNOATE;2/KV3a» 31 Oil 1723340002 KOPAOOR 31 ADDRESS UNASSIONEO 3WNERNAME HENNEPIN COUNTY TAXPAYER HENNEPIN COUNTY <tAME^AOOR RIGHT OF WAY OlVISKm 1600 PRAIRIE DRIVE MEDINA MN 3S340 31 Oil1723340003 •ROPAOOR 31 ADDRESS UNASSIONEO 3WNERNAMB HENNEPIN COUNTY TAXPAYER HENNEPIN COUNTY 4AME/AOOR RIGHT OP WAY DIVISION 1600 PRAIRIE DRIVE MEDINA MN SS340 31 Oil 1723340001 *ROPAODR 3633 NORTH SHORE OR )WNERNAME CATHERINEMSALLAS 'AXPAYER CATHERINE M SALLAS 4AMETADDR 3220 BIHINS POINT LA WAYZATAMN 33391 31 Oil 1723340011 •ROPAOOR 3603 NORTH SHORE OR 3WNERNAME UURENCE A X)NES * WIPE 'AXPAYER LAURENCE AAROELLX3NES 4AMWAOOR 3603 NORTH SHORE DR WAYZATAMN 33391 a S. A r* *•. ••• ,'4 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 0111723340003 PROPAODR 38 ADDRESS UNASSIONEO OWNER NAME HENNEPIN COUNTY TAXPAYER HENNEPIN COUNTY NAME^ADDR RIGHT OF WAY DIVISION 1600 PRAIRIE DRIVE MEDINA MN 33340 38 0811723340004 PROP AODR 38 ADDRESS UNASSIGNED OWNER NAME HENNEPIN COUNTY TAXPAYER HENNEPIN COUNTY NAME/ADDR RIGHT OF WAY DIVISK)N 1600 PRAIRIE DRIVE MEDINA MN 33340 38 0811723340006 PROPADOR 38 ADDRESS UNASSICNED OWNER NAME COUNTY OF HENNEPIN TA3CPAYER HENNEPIN COUNTY NAME/ADDR RIGHT OF WAY DIVISION 1600 PRAIRIE DRIVE MEDINA MN 33340 38 0811723340007 PROPADDR 3643 NORTH SHORE DR OWNER NAME B M OLSON A D M OLSON TAXPAYER BRAD OLSON NAME/ADDR 3643 NORTH SHORE DR WAYZATAMN 33391 38 0811723340009 PROPAODR 3623 NORTH SHORE DR OWNER NAME MARK E WELCH TAXPAYER MARK E WELCH NAME/ADDR 3623 NCMTH SHORE DR WAYZATAMN 33391 38 0811723340010 PROP ADDR 3619 NORTH SHORE OR OWNER NAME G E BARON ASM BARON TA3CPAYER GARY E A SANDRA M BARON NAME/ADDR 4743 YORKTOWN LA N PLYMOUTH MN 33442 38 0811723340030 PROPAODR 3633 NORTH SHORE DR OWNERNAME AADHACEN TAXPAYER ALA DONNA HAGEN NAME/ADDR POBOX64 CRYSTAL BAY MN 33323 38 0811723340061 PROPADDR 38 ADDRESS UNASSICNED O' /NERNAME HENNEPIN FORFEITED LAND TAXPAYER COUNTY OF HENNEPIN NAME/ADDR I CERTIPy THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE KEFRESENTAT10N OF INFCMMATION AS IT APPEARS THIS DATE ON THE RECOI OF THE HENNEPIN COUNTY TAXPAYER SER,VIC^S DEPARTMEN1i,TO-THEMST OFMY KNOWLEDGE AND BELIEF. DATE 1 P aOE: I Hennepin County Taxpayer Services Department PT OF LOT 2. BLOCK 1 CRYSTAL BAY VIEW ! u I Parcel Information • • • fJv Parcel ID 0D1172334 Houm NumlMr seas Otreet Nam« NORTH SHORR DR 7tii»lanotal»gtMyrwoonhdmap. It iwfifasanta a compUathn of InfonnaUon amt data Item CHy, County, and Stata mad authortUaa and other aourcaa. May 3, 2005 To; The Honorable Mayor Barbara Peterson & the Orono Qty Council Members From: Brad & Donna Olson 3645 North Shore Drive Mark Welch 3625 North Shore Drive As next-door neighbors to 3635 North Shore Drive, we wish to express our strong opposition to the owner's "after the fact" building variance and permit applications. In all due respect to the City of Orono Planning Commission, it is our strong opinion that proper consideration was not given to the following points: A. Multiple "hard cover overage" issues. According to the City of Orono records, there were no variances or permits granted (or even applications filed) for a double-deep garage, ground decking, cement patio or stairs leading to the roof top deck (see pictures attached). Property owner knowledge of violations. In a letter dated October 28, 2004 from Melanie Curtis, to Ms. Sallas, it said: "The previous owner was notified, by the attached letter from Gty staff and during numerous subsequent conversations over a long period of time that the subject deck was constructed in violation of City codes and without a building permit." If the previous owner did not notify the Ms. Sallas of these violations, this is a disclosure dispute, not the problem of the next-door neighbors. Definition of "Hardship" under the Oly of Orono Code. Members of the Planning Commission seemed to have various interpretations of this term. As we look at the definition, this property owner/situation does not fall within the parameters of this clause outlined below: B. C. 462.357 Official Controls: Zoning Ordinance. Subd.6 Appeals and Adjustments. 2) To hear requests for variances from the literal provisions of the ordinance in instances w.’iere their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of the ordinance...the granting of a variance means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner is due to circumstances unique to the property not created by the landowner... The board or governing body as the case may be may impose conditions in the granting of variances to insure compliance and to protect adjacent properties. In dosing, we would like to reiterate our strong opposition to the granting of this variance. This property has been built with wanton disregard for both the Qty of Orono Code and the consideration of neighboring property owners. We have no personal issues with the Owner or the current Renter but given the multiple violations that exist, the property owner's knowiedge of these violations, and the proper definition of "Hardship," we respectfully reqi^st that this variance be denied and that the Coundl rules for the removal of the roof*^ deck at issue. Sincerely, Brad and Donna Olson Mark Welch 3635 North Shore Drive Code Violations ■>/>.v- Streetside 5/3/2005 f ■ Date Applkaiion Received: 3>23-OS Date Applicalioa Considered as Complcle: 04-07-05 60-Day Review Period Eipires: 06-07-05 60-Day Review Period Eitension: 08-07-05 »*ciTTiN(3 JUL 2 5 2005 CITY UH OHUfVU REQUEST FOR COUNCIL ACTION Date; July 20,2005 Item No. f Department Approval: Name: Melanie Curtis Title: City Planner ^ Administrator Approval:Agenda Section: Item Description: /K)5-3104 - Dave A Renee Mack -1978 Shadywood Road - Variances Zoning District: Lot Area: Lot Width: LR-IC, One Family Lakeshore Residential, 0.S acre/100* 0.32 acre (14,000 s.f.) 102 ’ List of Exhibits: Exhibit A - Revised Plans A Previous Plans Exhibit B - PC Action Notice dated 06-21 -05 Exhibit C - PC Memo A Exhibits of 06-14-05 Application Summary: At the April Planning Conunission meeting the applicants proposed a plan which required rear yard setback, lake setback, hardcover and structural coverage variances. At that time, the Planning Commission tabled the application and directed the applicants to redesign within the existing structural coverage level of 16%. The applicants submitted a revised proposal to the Planning Commission and are requesting a number of variances in order to remove a detached garage, construct a garage attached to the house, footprint additions to the house, and a 2^ story addition over the house and the new attached garage. The following variances are requested; 1. A rear yard setback variance for a 28 ’ rear setback where 30’ is required for the attached garage; and 2. A hardcover variance for 27% within the 0-75 ’ zone and 56% within the 75 ’-250’ zone; and 3. A structural coverage variance for 21% structure where 15% is normally allowed and 16% currently exists; and 4. A lake setback variance to expand the house footprint 6 ’ further into the required 75 ’ lake setback. Planning Commission Recommendation On May 20, 2005, the Planning Commission voted 6 - 0 to recommend approval of a lake setback 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). The proposed driveway curb cut should be reduced to meet the 20’ width maximum. Revised Plans The an>licants have submitted a revised plan meeting all but one of the Planning Commission’s recommendations. The revised plan still requires a structural coverage variance for 18% structural coverage where 16% currently exists. The Planning Commission has not reviewed the most recent revision. Planning Staff Recommendation As the qiplicants have responded to the Planning Commission’s direction regarding the driveway hardcover and rear yard setl^k. Planning Staff recommends approval of hardcover variances in order to construct an attached garage and 2*^ story additions above the attached garage and existing footprint consistent with the Planning Commission recommendation. Planning staff continues to recommend denial of the structural coverage variances in order to expand the house footprint square footage. COUNCIL ACTION REQUESTED Determine what variances are appropriate and direct staff to draft a Resolution for approval at your August 8*’' meeting. »L * ■■ ■' • ' ..................................................................................................................- V N ■: •• ..i.r'i ■cllj . V;' • ’ ^v\ :>• ,v-v:.‘;V'- ■mm ^ -r '-y ^ * V* .■ *■ V ■. =mi- . \ % ) >1 M. .11,.. I m .?vv, . ■:'. .■■■■ : ■:■■ •t= i:?-. ••■' *, -• ' . rv'; mum fi ' ' r , / ' • i'--... v, • \ \ \ ^11 ^iJli II nd» ■ iw — AK e. \ \ \ ' >• \ \ ■\f. r •Mmum. __ •^0T&«CK. (■«.(»■ Wcrom^ Mcmaw 4 ^>Hcx>«t.»i« *i& -imi fdACK 7//</‘*^Aaii^prr H0t«K » v.vf 'O*IIP^'V"" • •*- .-'f •• •>v.v; '>* ';'• ■• .; '. ,^'y ..•,••■ 14.-.< , .. ••• ,•••;. \‘Kr ■■■: ,v-' ,:•••• ;••• 111' *':' '! .•■;'•■ ’'7K'-'; .♦■•'• ■*^-- • . ■■ • • • •/ • ■. - * .’* ■ . ■ .1. •, .•.*’• . *.*• • Hi.- I" ,-,•■■ • i . i- '• ••■‘.•''*'kS ^ :. W^CKIKESIIZEEt^SE;if _B4B .-wmifHraL)—----^e?if CLurriK: ..jiaMii I 11 (imep HARDCOVER'em:VLATION WORKSHEET SETBACK ZONE: (CIRCLE ONE)fl-75'75-2S0’ EXISTING HARDCOVER IN ZONE A. Houst VA^ I Lmgth X X X B, Carag9 C Driy^wav X X D. Skkwalk X X E. Patio/Deck X X F. Landscape Umkrlain By Plastic Or Fabric X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE B A. Houm __ Umgth B. Garagt C. Drtvtwqy D. SidgwaOc E. Path/DKk F. Landaeapt Umkrioin BvPhutie Or Fabric G. Other VARIgS WUkh 250-500' 500-1000' , 'Cf S.F. rs s s s '7^*75 100 - TOTAL HARDCOVER tNZONE TOTAL PROPE^A^ IN ZONE ^ “TFS'i ^ xlOO •i S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. 4'20,S.F. S.F. S.F. 1W,0 S.F. S.F. A S.F. B <.1 - ^ % ( S.F. A S.F. 8zS3_» X m BoB>,Css.f. X \fkohh S.F. X S,F. X m S.F. X S.F.■ - J X ^ S.F. X S.F.> * X O SJ^.\ X m S.F.. 'i X m S.F.! X SR S.F.1 X S.F. 1 X a S.F. X s S.F. X m S.F. *1 HARDCOVER CALCULATIOj SETBACK ZONE: (CIBCLEONE) 0-75' iTIQffJEQiRKSHEET 250-500’ EXISTING HABIH{OXEfi IN jONE A. Hons* __ Lmgtk yAjKies WiM X X X B, Garage C. Drivewav X X 0. Sdewalk X X £. Patio/Deck X X F. Lamtcape Umkriain By Piastie Or Fabric X X X a Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTYARE.i IN ZONE B X too PBOfOSED HABDCOK^ ZONE A. Hota* VA>ftJ5i!3>VAR|gg> mtkh X X X B, Gara^ SOO-IOO(P S.F. S.F. S.F S.F S.F. S.F 0 S.F. S.F 4-C^^O S.F S.F ^9)\ ,6 S.F S.F S.F S.F 4163. O S.F A .^4^,..S.F 8 SF S.F S.F S.F S.F. n/1. O S.F X _S.F. D. SUtmAk X lla.o S.F X _SF E PoHoID*d[X iP.S.F X a ,S.F F. Lmdscapa X Od S.F Umkrtam X a SJ^. OyFlastte X / a ,S.F Or Fabric G. OOm-X .,S.F TOTAL HAUXlOyiR IN Z<WE m S.F. A total fbo &sktyarea in zone S.F B A lUm.O B . jr/(W -% A !/\a/u:=s ■ST^UCrUf^S' P ^A.- \fCiOS6^ (S>Ni-h&a \bqa- \ '!k'^j 7 .'tZ-‘¥\ ■^^-r lf,Cco / I (y .• ^JD. \ / O f^oPo3e:t:> 0~£j SrK: cTL'iu^.■o.ef^i.d ^557-(i’ ^ •' 25Slc, -^Hooc. e ITB' \kAtZiUD^JB/L^ HA#2-DCO/a2-, =H2on^ b<-lic:i V (4cao = 'K-^ ^ ppoPosa^ H/UZ-D <=5)v/^ 462.1 T 14,000- 2?2.5% ft . *>. ssr \ \ iniHTlv Ia3-4 <^(tvcid*^ ';» *■ ■;.•>• '■! ^^:';!iii«UI SnBiii^ V ‘—J*- \ \ • \ \ \ MOnje^iktG?’ i.-'V'^v’k.WlS, * .'•^ : r ■' HHM riWf fiTOac j — HSDSiEssn2^2E:r™ cyi-r-g»c<Ui<r- mm \ Tww^r M«** i W36. *■ \ mkI^ • * eeii «■ IN*; T* .• % t' \ A \ ; ■ If ■ J , i ■ • .L'k \1 ^ •.• • •• ••• •.•••... • i.M ^1:^- r^'ggsf,-'’'--■ ■ n rsrf^r\^fxw.mmn "'i.*gi •• • IM’^ • •• •#••«»•- »•• .m < •••« ••• • ■ t# •<• • • • ft "PirSr g^uem I=?LA|J :..[ „\ rhte^*^tb ~Uii(:Be\iot^-. «isrBAc»L U11J6 \ a. fiur««i2.i:»p©jiw.'^;[^ ^aosicfa^ij^^ei UIW^ :?^^<:^.:j2eis ■<^=' ^ ' 1 ____ I . ^ _______ j , P^ . ♦ •| • > • » «i •€• ejCKJlMfel ADt«tlor4^ 'mxA e^tUi <?e»iovB> |o eai4& -'<iVB5^ p sHTF-Y I i 4gnn^SMfr r_t • I r, -....-r:.ny|?cu: l,. > t-F. g .-:teact;fr-—r:- — 1 tc KB «R,-- - fe^xnT •-Vw-.gaew ■ ----------.z:--------------------- •^*1 .1 «. jf ^ pci^1 1 1 t —•=rrn 1!!x A—Jll -. • KfSs! rcanitl*?::.":r.!i easr LIVIH^ I fW2®> /DpiTK 5U«7 jj eJw ij wStth li Ii --------------------------------------------------------------------------------------- EWH AGDfTlc>4 d ffat05i^t\\ ci =^y-4-rJHU 3SDt2m2?Jt3lC6E»J3^PUle^^»-^H^i^ £SISS5I!7OT2 p-j»—$it(t(7Y«aiF —pa»A P-; tfFCM/t .Z—^^!^:/.OSi:—: 1 f: i ' B crryoroRONo 2750 KcIlQf Parkway POB0166 ZONING FILE 05-3104 NOTICE OF PLANNING COMMISSION ACTION Crytlal Bay, MN 55323 952.249.4000 DATE OF NOTICE: Jaac21,2005 TO: David St Renee Mack 1978 Shadywood Road Wayzata. MN SS391 COPIES: TYPE OF REQUEST: Variaaccs DATE OF MEETING: Jane 20,2005 Planning Commission recommended approval of a lake setback variance for a 2'“' story addition above the existing footprint, a hardcover variance within the 0-75’ zone for 25% hardcover (this accounts for the proposed plan minus 180 s.f lakeward home footprint expansions), a hardcover variance within the 75’-250’ zone to allow an attached garage, and additions to not exceed the existing level of 16% structural coverage, while reducing the proposed driveway hardcover - eliminating the turnaround loop. Additionally, the driveway must be revised to not exceed a 20’ wide cut at the public right-of-way per City Code. The Plamiing Commission reconup.snded denial of the requests for a rear yard setback variance, and a structural coverage variance to increase above 16%. VOTE:6 FOR 0 AGAINST Applicant’s next scheduled meeting is confirmed as; CHy Conncil-Jnly ll**-Maatin starts at 7:00 pm If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. If you have questions, please call City Planner, Melanie Curtis at 952.249.4627. B<hl^TC FILE #05-3104 14 June 2005 Page 1 of 4 Date Applicalion Received: 3-23-OS Dale Applicalion Considered as Complelc: 04-07-0S 60-Day Review Period Espires: 06-07-0S 60-Day Review Period Eitcnsion: 08-07-05 To:Chair Rahn and Planning Commission Members Ron Moorse, City Administrator From: Date: Melanie Curtis, City Planner June 14,2005 Subject:OS-3104, Dave & Renee Mack, 1978 Shadywood Road, Variances: Hardcover & Structural Coverage, Lake Yard & Rear Yard Setback Public Hearing Zoning District: Lot Area: LR-IC, One Family Lakesbore Residential, 0.5 acrc/100* 0.32 acre (14,000 s.f.) Application Summary - Revised Request: The applicants have submitted a revised proposal and is requesting a number of variances in order to remove a detached garage, construct a garage attached to the house, footprint additions to the house, and a 2*"' story addition over the house and the new attached garage. The following variances are requested: 1. A rear yard setback variance for a 28’ rear setback where 30’ is required for the attached garage; and 2. A hardcover variance for 27% within the 0-75’ zone and 56% within the 75’-2S0’ zone; and 3. A structural coverage variance for 21 % structure where 15% is normally allowed and 16% currently exists; and 4. A lake setback variance to expand the house footprint 6’ further into the required 75’ lake setback. Staff Recommendation: Planning Staff recommends approval of an attached garage and 2*^ story additions above the attached garage and existing footprint but recommends denial of the hardcover variances, lake setback, and structural coverage variances in order to expand the house footprint square footage.________________________________ List of Exhibits A. Revised Plan B. Revised Hardcover C. PC Action Notice D. PC Report and Exhibits dated April 12,2005 E. Draft Minutes from April 18,2005 FILE i05-3104 14 June 2005 Page 2 of 4 Background At the April Planning Commission meeting the applicants proposed a plan which required rear yard setback, lake setback, hardcover and structural coverage variances. At that time, the Planning Commission tabled the application and directed the applicants to redesign within the existing structural coverage level of 16%. LOT ANALYSIS WORSHEET Lot Aren/Width; LR-IC Lot Area Lot Width Required 21,780 s.r (O.Sacre)100’ Actual 14,000 s.r. (0.32 acre)102 ’ Setbacks: LR-IC Reqoired Existine Proposed Rear 30’8.S ’ detached garage 28 ’ North Side 10’S’ detached garage 10’ house 10’ South Side 10’20 ’10’ Lakeshore 75’12'-ST 62 ’-51’ Average Lakeshore The existing home (as weii lakeshore setback as the proposed additions) is behind the average Structural Covciage: Total Lot Area Total Stnictural Coverage 14,000 s.f. (0 32 acre)Allowed: 2,100 s.f. (15%) Existing: 2,248 s.f. (16%) Prior Proposal: 3,441 s.f. (24.5%) Current Proposed: 2,930 s.f. (21%) Hardcover Calculations: Hardcover Total Area Allowed Existing Revised Proposed Hardcover Total Site Zone in Zone Hardcover Hardcover Hardcover 0-75 7,575 s.f.Os.f (0%) 2,317 s.f.* (31%) 2,068 s.f. (27.3%) Existing 5.H9s.f.(87%of75 ‘- 250 ’zone) 75 - 250 6,425 s.f.1,606 s.f. (25%) 3,302 s.f.* (51%) 3,586 s.f. (56%) PnMioBcd 5.742 s./. (89%of 75 ’- 250 ’zone) * After exclusion of fabric or plastic-lined landscape beds FILE #05-3104 14 June 2005 Page 3 of 4 Lake Setback Variance The existing home encroaches into the 75’ lake setback between 4* and 19’. The applicants have proposed iakeward additions to the home which will encroach 6 ’ Hirther into the 75’ setback than the existing house. Additionally, the applicants arc proposing a 2"*' story above the existing home and above the proposed footprint additions. The applicants have designed the additions so that they will not encroach into the average lakeshore setback. Rear Yard Setback Variance The existing detached garage is located 8.5’ from the rear lot line, where a 10’ setback is required for a detached garage with doors facing away from the street. The applicants have revised their attached garage proposal from a side-load 30 ’x32 ’ garage 10’ from the rear lot line to a front load 32 ’ x 24 ’ 3-stall garage with a 28 ’ rear yard setback where a 30 ’ setback is required. With this revision, the applicants are proposing to convert a portion of the home into the new attached garage. Hardcover St Structural Coverage Variance In the previous staff report the hardcover calculations mistakenly included the landscape beds lined vdth plastic and fabric, therefore the percentages shown in the Hardcover Calculations table within the April report did not reflect the accurate amounts. The calculations have been revised and the percentages listed above in the Hardcover Calculations table are accurate. Approximately half of the existing home sits Iakeward of the 75’ lake setback causing 2,317 s.f. of existing nonconforming hardcover within the 0-75’ zone where structure and hardcover are not allowed. This square footage of nonconforming hardcover, when applied to the 75’- 250 ’ zone, brings the total site hardcover to 5,619 s.f or 87% when calculating based on the area in the 75’-250 ’ zone. The applicants ’ revised proposal shows that number at 89% or 5,742 s.f. Currently the property is near conforming at 16% structural coverage. The applicants ’ revised proposal elevates the structural coverage level to 21% structural coverage where 24.5% was previously proposed. Staff Analysis of the Revised Plan A 2,248 s.f (home and 2-stall detached garage) currently exist on the property and at 16% structural coverage, the property is exceeding the 15% allowance by 148 s.f. Staff feels that the proposal which is for total structural footprint expansion of 682 s.f (21%) is in no way supported by a hardship. Additionally, staff maintains that there is no hardship for further encroachment into the lake setback area, although perhaps maintaining the current nonconforming setback with a 2*^ story addition has hardship support. The proposed additions outside the existing footprint further increase the structural nonconformity of the lot. Staff feels that the 28 ’ rear yard setback request is much more reasonable than the previous 10’ setback request and the depth of the lot may serve as a supporting hardship for this rear yard setback variance. In order to accommodate the front load garage in a new location the > i FILE #05-3104 14 June 7005 Page 4 of 4 driveway has been reconfigured and is 171 s.f. larger than existing, but considering the relief from crowding the toad at the rear of the property staff feels that the additional driveway area is not a significant issue. Snmnary of Issnes for ConsideratioB ■ Rebuild vs. Remodel? ■ Structural coverage from 16% to 21%. ■ Lakeward expansion further into the 75’ setback. ■ Rear yard setback 28’ for attached 3-car garage. ■ 2*^ story addition over existing home and new additions. ■ Are there any other issues or concerns with this application? Staff Rccommeadation Plaiming Staff recommends approval of an attached garage and 2"*' story additions above the new garage and existing footprint but recommends denial of the hardcover variances, lake setback, and structural coverage variances in order to expand the house footprint square footage. r ^ • ■.•>1 •V: ' • ■- iu- • 'V.- '4^'-i<f ¥ ' - ^'-4 p\ ' '■ V l .tabu -iJn &)<mwrA K\\ -*\3-4 \—S!ti»nrtft PTKyfcsBK. «rrt FUjJ/ Pl«3r Fi^ plakI IslCTf^ fB<.1V5B? ^ TI5 "W« P&Hci I • lx ^ \" 1 —M>mr^ \ ^SSrttS \ j-...-_____________ V-75*»*W9*oc \ 1^6 9^rMQp R>D^HvJ *A«ig^ uud____ mm, ,-.w•/.«>. /r.._ ■[ r\ ' I* ■ j - * i -■ f . *a 1 & 5£r&4CJrZ<MVEf (ORCIBONE) FJOSTING HARDCJV^ER IjlZ^E Lemgth 7VEp3iaXt:fVLATION WORKSHEET 75-250'250-5W 509-1099' VA-R fg- IVHkh X X X B. Garage C. Drivewav X X D. Sidewaik X X E. Path/Deek X X F. t-FORORtaO^ROOm UndarMn ByPkuik OrFabric X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE B X100 nonsa A. Howte Lengtk IVkHh X X X B. Garage C. Driveway X X a Siikwalk X X E. Pafh/Deek X X m m F. Landecape UmkrUdn ByPlaeik OrFabric X X X G. Other .JTM: TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A 0 B 1^1^ xlOO ■: 23 '^OB. Ct O.F. S.F. S.F. S.F. S.F. S.F. SF. cy S.F. S.F. 14%7] S.F. S.F. S.F. __________S.F. S.F. ~l(hO.O S.F. QZ] S7. 7 S.F. A S.F. B % ^59. (o S.F. S.F. S.F. S.F. /O S.F. cy S.F. S.F. S.F. S.F. 32^,^ S.F. S.F. S.F. S.F. S.F. - /11(^,0 S.F. CLOC>b,0> S.F. A S.F. B % J / 0 X G. (Mm TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A B xion - TOTAL HARDCOVER IN ZWE TOTAL PROP^^A^AIN ZONE xlOO - S.F. S.F. A _S.F. B %(o^7\ PROPOSED HARD^^Mm ^NE X m 114-.0 ,S.F.« Lmith l¥ld^ X *S.F. X at S.F. ^ J w -W—.-!---------X -,S.F. B. Cangt X s ~i06.p,6’F. C Driveway .a « _• *.X • X 1^60,0 &F. X m .B.F. D. SdmM X m S.F. .X m ,S.F. E. PaHa/Dtek X m O S.F. X m _S.F. F. Lambcap*X s &F. X m SF. BvPkurtc X m _S.F. OrFabric X m _SF. 3^/‘4 ‘ EF. A EF. 8 i ■ - m CITYOFORONO 2750 KcUqr Parkway PO Box 66 ZONING FILE 05-3104 Crystal Bay, MN 55323 952.249.4600 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: April 19,2005 TO: David A Renee Mack 1978 Shadywood Rd Wayzata, MN SS391 COPIES: TYPE OF REQUEST: DATE OF MEETING: Variaacea April 18,2005 Plaaiteg Conmluioa rcconmcadcd as follows: Table in onter fiw the applicant to redesign the plan to meet the structural coverage limit And ininiinal hArdcovcr to support the ^lit II le. VOTE:7 FOR 0 AGAINST Applicant’s next scheduled meeting is confirmed as: ^ *. ffV PlannlngCmiinilssion — Moaday,jiayl6,2005 — Meetiag starts at JtlfO pm If you desm certified copies of the official Planning Commission minutes, they are avaUable from the City Recorder after review and approval by the Planning Commission. If you have questions, please caU City Planner, Melanie Curtis at 952.249.4627. ■ f ''‘-X'-i',T?.. -yi...- S I ?i- s iM FILE f05-3104 12 April 2005 Page 1 of 5 Date Applicition Received: 3-23-05 Dale Application Coniidcred as Complete: 04-67-05 60-Day Review Period Eipiret: 06-07-05 To:Chair Rahn and Planning Commission Members Ron Moorse, City Administrator From: Date: Subject: Melanie Curtis, City Planner April 12,2005 05-3104, Dave & Renee Mack, 1978 Shadywood Road, Variances: Hardcover & Structural Coverage, Lake Yard & Rear Yard Setback Public Hearing Zoaing District: Lot Area: LR-IC, One Family Lakeshorc Residential 0.5 acre/100 ’ 0.32 acre (14,000 s.f.) AppUcation Summary: The applicant is requesting a number of variances in order to remove a detachedjgarage, construct a garage attached to the house, footprint additions to the house, and a 2"" story addition over the house and the new attached garage. The following variances are requested: 1. A rear yard setback variance for a 10* rear setback where 30* is required for the attached garage; and 2. A hardcover variance for 27% within the 0-75* zone and 53% within the 75*-250* zone; and 3. A structural coverage variance for 24.5% structure where 15% is normally allowed and 16% currently exists; and 4. A lake setback variance to expand the house footprint further into the required 75* lake setback, a 57* setback currently exists and 51* is proposed.________________ Stqff Reconmiemiatiou: Planning Staff recommends appioval of the 2 story additions, but recommends denial of the lake setback, hardcover, and structural coverage variances in order to expand the house footprint more lakeward than the existing footprint. Should the Planning Commission find that the depth of the lot serves as a hardship justifying the 10* rear yard setback. Planning staff recommends approval of an attached garage. The size of the garage as proposed may not be supported by the hardcover, and structural coverage constraints._________________________________________________ Pertinent Zoning Ordinance Sections Sec. 78-350. Area, height, lot width and yard requirements. (a) Height. No structure or building in an LR-IC district shall exceed 2 1/2 stories or 30 feet in height except as provided in section 78-1366. {joi Area (acre)Lot Width (feel) Front Yard (feet)Side Yard (feel)Rear Yard (feel) Side Yard Adjacent to Street (feet) 05 100 30 10 30 15 ' 1 Ifr m: 1;'. - FILEM5-3104 12 April 2005 P«ge2o(5 Sec. 78>1288. Hard cover limitatiooi. (a) No hard cover or impervious surface shall be placed, located or constructed within 75 feet of the ordinary high water level of any lake or tributary, except for stairways, lifts, landings and lockboxes as regulated elsewhere in this Code. (b) Between 75 feet and 250 feet of the OHWL, there shall be no greater than 25 percent hard cover. Between 250 feet and 500 feet of the OHWL there shall be no greater than 30 percent hardcover. Between 500 feet and 1,000 feet of the OHWL there shall be no greater than 35 percent hardcover. See. 78*1403. Lot coverage. In all zoning districts, for all lots of 0** 1.99 acres in total area, the total combined footprint areas of all principal and accessory structures shall not exceed 15 percent of the lot area. Exception: Regardless of lot area, every developed lot shall be allowed at least 1,500 square feet of lot coverage by principal residence and garage structures. List of Exhibits A. Application B. Hardship Documentation Form C. Existing A Proposed Survey/Site Plan D. Proposed Plans and Elevations E. Project Narrative F. Aerial Photo G. Submitted Hardcover Calculations H. Photos I. Letter from Ulteig Engineers, Inc (Structural Analysis) J. Property Owners List K. PlatMiq) Backgrooad The applicants would like to add additional living space to their home by removing the detached garage, constructing an attached garage and adding a 2"** story over the existing home with living space above the garage. Portions of the existing home are within 75’ of the OHWL and the property is over in hardcover and structural coverage; any change requires variances. LOT ANALYSIS WORSHEET LR-IC Lot Area Lot Width Required 21,780 s.f (O.Sacre)100’ Actual 14,000 s.f. (0.32 acre)102 ’ ^•G i ^ I .r-. ' 1 FILE #05-3104 12 April 2005 Page 3 of 5 Stlbacks: LR-IC Required Existine Proposed Rear 30’8.5 ’ detached garage 10’ North Side 10’5’ detached garage 10’ house 10’ South Side 10’20 ’20 ’ Lakeshore 75’72 ’ - 57’62 ’-51’ Average Lakeshore The existing home (as welt lakeshore setback. as the proposed additions) is behind the average StnictMral Covarage; Total Lot Area Total Structural Coverage 14,000 s.f. (0.32 acre)Allowed: 2,100 s.f. (15%) Existing: 2,248 s.f. (16%) Proposed: 3.441 s.f. (24.5%) Hardcovar Calculatioas: Hardcover Zone Total Area la Tone Allowed Hardcover Existing Hardcover Proposed Hardcover Total Site Hardcover 0-75 7,575 s.f Os.f (0%) 2,737 s.f.* (36%) 2,110s.f. (27.9%) Existing 6,920 s.f. (107% of 75'-250 ’tone) 75-250 6,425 s.f.1,606 s.f. (25%) 4,183 s.f.* (65%) 3,411 s.f. (53%) Proposed 5.52Is.f(86%of75'- 250'sone) * After exc usion of fabric or plastic-iined andscape beds Lake Setback Variaace The existing home encroaches into the 75’ lake setback between 4’ and 19 ’. The applicants have proposed lakeward additions to the home which will encroach between 9 and 25 feet into the 75’ setback. A portion of this addition is a 2"** story balcony, one of the additions will be both l" and 2"^ floor additions and the other will be main level living space with 2"** story balcony above. The applicants have designed the additions so that they will not encroach into the average lakeshore setback. Rear Yard Setback Variance The existing detached garage is located 8.5’ from the rear lot line, where a 10' setback is required for a detached garage with doors facing away from the street. 'The applicants have proposed to construct an attached 30’ x 32’ 3>stall garage meeting a 10’ rear yard setback where a 30* setback is required, and a 38’ setback for the home exists currently. iMiTa>innTnHti Tiiiiy •ai -mlm r^.Ttun* ra ia-wrinnarinr r -M-MinMnnv «TVra«*l FILE #05-3104 12 April 2005 Page4o(5 Hardcover A Stmctvral Coverage Variaace A relatively large portion of the existing home sits ahead of the 75* lake A?tback causing 2,737 s.f. of nonconfonning hardcover within the 0-75’ zone where structure and hardcover are not allowed. This square footage of nonconforming hardcover, when applied to the 7S’-2S0’ zone, brings the total site hardcover to 6,920 s.f. or 107% when calculating based on the area in the 7S'-2S0* zone. The applicants* proposal changes that number slightly to a total of 86% or 5,521 s.f.. Currently the property is near conforming at 16% structural coverage. The applicants* proposal elevates that level to 24.5% structural coverage. The current proposal adds over 1,000 s.f. to the current structural level. Hardship Statenent Applicant has completed the Hardship Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Hardship Analysis /« CQMUiHHi tppUcationt for vmHance, the PlannlHg ConmhaloH shall consider the effect of the proposed varhutee upon the health, sttfetp and welfare the community, existing and anticipated traffic conditions, light and air, dut^erefftre, risk to the public safety, and the effect on values of property In the surrounding area. The Planning Commission shall consider reconunentttng approval for variances from the literal provisions of the Zoning Code In Instances where their strict enforcement would cause undue hardship because of elreumstancee unique to the Individual property under consideration, and shall recommend approval only when h Is demonstrated that such acHons will be In keying with the spirit and Intent of the Orono Zoning Code. Staff finds that there is no hardship for further encroachment into the lake setback area. Perhaps maintaining the current nonconforming setback with a 2"*^ story addition has hardship support, however to expand further into the nonconforming lake setback area is unjustified. These lakewaid additions also further increase the structural nonconformity of the lot. A 1,863 s.f footprint home currently exists on the property and at 16% structural coverage, the property is exce^ing the 15% allowance by 148 s.f. Staff feels that the proposal which is for total structural footprint expansion of 1,193 s.f (24.5%) is in no way supported by a hardship. The applicants are proposing to increase the l" floor ceiling height to 11*. They hope to accomplish this by adding extensions on top of the existing walls. The Planning Commission should discuss whether or not a 10* setback for the attached garage is appropriate considering the depth of the lot and the tightness of the immediate neighborhood. Additionally the Plaiming Commission should discuss the hardcover. Sunnary of Issues for Consideration ■ Rebuild vs. Remodel? ■ Structural coverage from 16% to 24.5%. ■ Lakeward expansion further into the 75’ setback. ■ Rear yard setback 10*. ■ 2** story addition over existing home and new additions. • Are there any other issues or concerns with this application? AdL FILE MS-3104 12AprH2005 PaOtSofS Staff RMommcadatioa Planning Staff recommends approval of the 2*^ story additions, but recommends denial of the lake setback, hardcover, and structural coverage variances in order to expand the house foo^irint more lakeward than the existing footprint. Should the Planning Commission find that the depth of the lot serves as a hardship justifying the 10’ rear yard setback. Planning staff recommends approval of an attached garage. The size of the garage as proposed may not be supported by the hardcover, and structural coverage constraints. •y./" \m I City of Orono Variance Application A Street Address: 2750 Kelley Parkway Orono, MN 55356 Application # .1 Ulivlri Main: 952-249-4600 fax: 952-249-4616 Mailing Address: . P.O. Box 66 Crystal Bay, MN 55323-0066 Date Received: 0 5~ Amount Paid; /.^nn nn Staff: Fee:S600 Renewal: $300 After-the-fact: $1.200 Double Fee This application form must be completed in full. Applcant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: SiteAddrmi: 14*7^ <A^u>eeA cation Number (PIN): y *7—// “7-Property Identification ^rnber (RN):/ av oo7j^ (Attach legal description to application if nobincluded on the survey.)n If nobincluded Date Property Acquired (nTpnth/year): ///03 □ Yes. i own the adjacent parcels A Residential □ OtherPresent use of property: Zoning District: \ APPLICANT INFQRMATIO^L (Complete legal nares and marital status required for each interested oartv) Name: ITIWI/I ojrvk Mar.kL rtZiCgf (t\i . /Vino Fax: /pU ~ OWNER INFORIName^^^POV^fout^^iV?!’*** niantal status required for each interested party) Phone (home): ^ Address: {Ql'^9% amsamnmm Phone (work): (p\^ biiM EniaH- Pcnez. m. macK ^ DESCRIPTION OF REQUEST: HU Fax: l£l^ t DESCRIPTION OF REQUEST: Estimated Project Cost: $ jZCO.OOO. Descnbe the request in detail^ttach additional sheets if necessary): gJg.f^cA-13 NqC.»S<—<<a0 Ut fc>Inovis-*— r»\ o- fr O ,*4n i •i V,.,• i ; .iju'w- . r* 1.1 •------J REQUIRED SUBMITTALS: ^ ^ ^ ^ , All of the following information must be submitted by the application deadline date in order for your application to be processed. □□□□ □□ □□ Pre-Application Meeting Form, completed by a City Planner. Completed Application Form Completed Hardship Documentation Form Certified Property Owners List - owners within 150’ of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department of Finance, Government Center, A-603 300 South 6"* Street, Minneapolis, telephone 612-348-5910 Original Certificate of Survey (signed by a licensed surveyor), meeting all the requiremejits listed within this packet, including hardcover calculations. Also provide one copy 8.5” x 11" or 11" X17" for reproduction. Completed hardcover calculation worksheets (as provided within the variance packet). Topographic survey - including existing and proposed elevations. Provide one copy 8.5" x 11 " or 1 r X 17" for reproduction. Sketches or plans of floor and elevation views (provide one^opy 8.5" x 11"^ 11" x 17"). Additional items may be requested by City»^w de(Wi«4iHg ’oa»tne.SiccSpd.ofu;e 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 thfe original fee payment) and/or consultant expenses incurred in review of this application and certifies that the information supplied is true and correct to the best of his/her knowledge. The applicant recognizes that he/she is solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject It until It la complete or to recommend the request for denial of the request regardless of Its potential merit. Applicant's Signature: Applicant's Signature: OWNER’S ACKNOWLEDGEMENT: The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents. Commission & Council Members for purposes of investigation and verification of this request. 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. lLcrf>. ^ n /&w p : ; •L. i Page 1 of 3 HARDSHIP DOCUMENTATION FORM This form is a required submittai for ALL variance appiications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statue Section 394.27. Subdivision 7 requires that a hardship be demonstrated in order for a variance to be granted. The hardship must be unique to the property as variances run with the land and not the land owner. Personal and economic sHuadons are not considered valid hardships, in order for an application to be heard by the Planning Commission and City Council a hardship having merit must be demonstrated. HOW DO I PROVE A HARDSHIP? This form has 12 points outlining the basis City staff uses to determine if a hardship exists and how the variance wiH 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 Justifiad. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of these hardship criteria as they relate to the request (some may not apply): 1."The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls.^^^^______________________ 2. 3. "The plight of the landowner is due to circumstances unique to his property not /~vi Ig-S "The variance, if granted, will not alter the es^^^l character of the locality." "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the temis of the Zoning Chapter." . t h h V V lii-------' t» * \. \ *•1 » 5. 6. 7. 8. 9. 10. 11. Page 2 of3 "Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in hannony with this Chapter." _________________________ "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person*s land l^to^pti^__________________________ "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling."^^^^^___________________ "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." "The conditions do not apply generally to other land or structures in the district in which said land is located." /v . t i ,j-o /%OScaiea. » T i ^ loLfj (i— "The granting of the apF>lication is necessary for the preservation and enjoyment ofasubstantialpropeity right of ^e applicant.” r n v “\ "The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code." t r' ^* f Ai /■C. r Page 3 of3 12."The granting of such variance will not merely serve as a convenience to the applicant, but Is necessary to alleviate,demonstrable hardship or diffici 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 compiiance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): I. i ■ M r ;.. * .V5*. ■! ^ »■'' .T' /n / ‘A f >. ^ Vit-V i.''- » !M 4i * i ,•« j m:. }■ : . V,' ■■ V ' 1. ifisp#f«v- gxinafrC' CERTIFICATE OF SURVEY. FOR. R.RA.MMIC 1978 Shadyvrood Road ' OronOiMN Wj*.- eft». • Mf.7 deals: Jiock-20fcet LEGAL DBSCRgnON Lob 31 * 39. SHADY-WOOD Ana-14AM iq A jy^K)K • PwioHi Iran iMritcr foiMd O OMMH**inMpjptttt(nMHndRtS62749loiooaitr) ' ‘W—■■ DMHMii Mtl fCDM —»'"t OtMMtiwooUD bics n*ir Duwotn ipol ctevUiOii Dtwom comoMf iim &tnch Mark: lavert cItvaiMMi of taaiiary Mwtr ^ miMholt localed about 30 Tmi jouib of tha canlarlint of ibt pavomrai for Co. H%vy. No.l9 @ ill iiHOiMalioowMiCo. H%»y.No.5l. EItvatioii* 931.10 Rov I. Hanaen, Reg. No. 6274 f .A* *• ,1b ‘ iRfiiwMiniMaiimii i-iaiaiiiwat Mitirhii :■ /i. •**»>ii * ’ ‘'■' rirv:-'■'iv!''^i . _ ' - Jirfr^gnaW /-▼» V«»r M CERTIFICATE OF SURVEY FOR RftA.MMk 1978 Sbadywood Road Orono, MM O 4. Scale: 1 inek-20fwt. LEdAL rasQupnow Lots 38 R 39. SHADY-WOOD Wj/tr *f«.7 I . \ ^ ' ' * ‘ \W - V' ' ^ A \\ \ O 14” iranpipe at (Mrtad UL8 €274 • Ice «m«) ^5 SB m . .e -« K K L. r W 'Vv 'f'A .%____w m T WMS5■1 -W-•- A2» Am%om e.iiiy.Mai99ii l-^|.lO 3iff. \ iXR net^sB ----------------------/fff.97 ^9f*44'/^ iwr.-WY V#V4V\ iTiv.’ % V' ......................'\ \\ I \_ 'u____: J________ \ \ court 1NAT im MhCT m pvmo ar - HE oa cam nr okct mmNooi mo inat I Ml A BULY mmwn uea maNcva im LAM or ec staie or moota. -V. s?!r* Date>€5Pr/#as^ r-A ■»OA*Roy]. Hanaen,RBg.Na 6274 t:? •- ’ <: H»*»< , ^ •> « \ » 1.»r &'W*> --------•I..A ]L» 'V-^fNu*' ' If ' i'b '\,\' \\ t O •> uv' ‘ L r' \\ '>r\* * • V *• - t-' 'V rv4>- SSILJ»,3 ^ K.\ ...C7>. \\m V V>/’“ '\ .;a\\ V'} iV**-- ”•> —w % '^*~-----=^«^’ '\ ’■‘•^* \ . ,\4».« -----/*«.9V w»fV#V»v#v»v\ r\>«*«l f»>€ w '\ - u____: ALLfY •M mmm»amk aw • ^I mui oonrY ihat ins bmt m noim ir m m \mm m tmcr iwpww. mm ihat t AH A BU.Y mmmtm um mmittm imbi BC um OF BC tTAll OF MOOTA. (H^ :Z4^ 3 ¥ “A •O^__J Roy] Hnmo.Reg No 6274 '^TT^m SlBi I J r^ 1 ■ < ? g ir^ ;5» PI in^-3s 1 «’ ^ alia i i .iT^ f rJ-^ VII i r<4 c * ^3S RS [775 f'.W>TT.7ri-iT7f7^r/i «0 m 'i*' VVI-mJI * 'j ’ ' "* V *’ ^mi/^Mrnk I /fxlAccwr * fT"R [J2:Nc_! "Z- ^ - w'r-:~< I ■ u” i)* I •' * #?• , Y' y,^ •V ■5Sg IMglfl s c JK -f' • • j !» I> X 5t •y- ¥ I a a M, a •I 3 § O » V H X r 9 fi;- r'.. i. - ;,■ ' - S • ^ * i Am A • ‘V. A ■/ y \ ^ \ ^ ••• f iniiiiil or..“I”'"" .r , —* « ■-»■ \ » • 9 J t f3iii^i ik FT T j ARCHTIBCra 1013S47"' Am.N. PI|nHiiat.MN 66442 Aprils. CNyoTOrano 2750 KMtoy Pwlawy dyaW Biy. MN 55323 DaarSirorMadwn: Tto IbloiMinQ ii i Iwfcif for ^ 1978 StMdywood road. n & remodelnQ prefed for the Mack Residenoe located Due to the Imlad atea that can be de\«|eperi on thb property and the proximRy to the lake level we are propodnil the removal of a Ofw car de»r^ garaoe and the conatfuction or an attached three car garaga and a second floor addMon. we ate abo proposing a few stnal addMons to make the plan mote ivaMe. Due to the original coat of the home it b not economic ally fsadbie to tear dovwi ths OMbling stnidute and bold a newr home in Kb plaoe. We ate proposing reducing the paHo and driveway areas to achieve a net hardcover reduction. AKhough the house footprint b being Inctease d the net toss In hardcover amounb to an 8% reduction hi the (7-75* zone and a 12% reduction in the 75-250' zone. N b our bKenlion to Improve the property which was orighialiy a lake cabin Into a home that would not only be more aKtedive but mote uaeable for todayblifsbyb and way of Nvlng. Due to the water level in relatlonahip to the awbUngatnidute the home outrently has no basement, with the exception of a small madianical area. The tetnaindarb a very Imiled access crawl space. Ws ate ptopoabig the larger garage to enabb the owner to park vehicles hnide rather than hi the driveway and along the attest TMs garage area would abo provide atotage that would normaly be tocatad In the baaamant The second floor addMon b to accommodate new Dedtooro s and a FamKy Room area. eMoh would typicaly ba hi a tower level. The Owner cunenlly has three childten and b naming out of room in lha current slnicture.iidiich has 3 smal bedrooms and one bath. Wearehoping to oonatnid an adradive and liveable homa in which thb famly can live in and grow wKh fbr years to SInowely. .« »■ r' n AtdiKa V" S' V - V,' i Exhibit F 1978 Shadywood Road \ I Overview Map 0ca HARDCOVE. SETBACK ZONE: (CIMCLEONE) WERJC4ECULATION WORKSHEET 250-5M^ EXISTING HARE^COVEk IN ZONE A. Houte 75-250* VAj^/g"S Length Width X X X B. Garagg C Drlvgwi^X X D, Sidewalk X X E, Pado/Deck X X F. Lambeape Underlain ByPloMtic Or Fabric X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE B X100 A, House VA/C lE^X Lengf^ X X X B. Garagt X C. DHvtwt^X X D. Skkwalk X X E. Path/Dtck X X F. Lmd$eapg X UmkHain X ByPkuHe X Or Fabric G. Othtr X \/AJt/SS mM 5M-/M0' TOTAL HARDCOVER IN ZONE TOTAL PROPEnY MEA IN ZONE B xIOO - 0 S.F. -S.F. B S.F. s S.F. B S.F. «■»^ S.F. =S.F. s ■O S.F. s S.F. ai "7^3, J S.P. a S.F. 'VIO. f-JF. s S.F. s S.F. .0 s.F. ^7^7.7 S.F. AwegBi^^mBmn m {OlO,C^ S.F. a S.F. 18 S.F. 8 SF. a ^ S.F. a ^ S.F. B S.F. B SF. s SF. a SF. m SF. B O SF. a SF. m SE. 7^'^ SF. ^\\P,Co S.F. A *7675 SJf. B m luc^C ^ i(p^ • \io^ (IV I' HARDCOVER CALCULA SETBACK lONE: (CIRCLE ONE)9-75 CT75-25ty ORKSHEET 259-590' EXISTING HARDCOyEM IN ZONE A. House \IAj 2 Umgt k mdOi X X X B. Garage C Driveway X X D. Skkwalk X X E. P(Bioff>eek X X P. Lambeape Underlain By Plastic Or Fabric X X X G. TOTAL HARDCOVER IN ZONE TOTAL rKOPERTYAREA IN ZONE A B xIOO EMOPOS JD HARDCOVER IN ZONE A. UtMM \/AJt.t£'& Ung Ai mM X X X B. Gimge C Driveway X X D. Sldeweik X X B. Path/Deck X X F. Lands cap e UnderUdn ByPhstk Or Fabric a Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A 5411 B xtoo 599-1009' ■: f . . •, S.F. S.F. S.F. &5.C S.F. 1O S.F. S.F. (b5,^ S.F. S.F. SE. SF. . O S.F. _________S.F. S.F. S.F. 4/ft3 S.F. A S.F. B eoH.i % S.F. S.F. S.F. S.F. S.F. lO&b-OSF. _________S.F. AO^O S.F. S.F. S.F. S.F. PiO S.F. _______S.F. SE. SF. ^11 SF. A SF. B i Sgiig ... . A \ •-* '-^i ^‘•iw.I» ^'*'v * I'JC- ' ’k'^v4 IrlAm p'’',iM .4i' •<•; i? I< .3 i ^ # ;> •v. // fV W T ^-I 'r' ‘ Wm-^M •-•r, ' » t A Wi-’' I- _, ■IS MftS^ ^ ^ V *S>ljSKSKri\i *♦ f* ■ ■•-’•*iv^ 1 Y<»s>v *>', r ■• 32. •.. V- • • . V-* / • *.•' - * * *^ • * • .T . jr^ i ' ' * " •‘-' •: . 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' X ^ w #' 5X- - mm i«35v« ^^'^■- s. mm. -X-iV 'n. • ' '-' '>9 r- -T- ■ •■«</ wmt ' . •: -.~^7® . . I ^ KJ. U L>r3vir, k^.'-hi' T ;tv \' h jc^ ■ ./* ^*^.. '/• .r-'i ^ •' . I f J ' ' '‘"^ • ^ * fer =. -.Ir ,'/- ■'S£5Sfe? < ;h.- •r' : ’ »• *’• » .T5':^.-.3; - -it.. r. y i ri .V MVT;.•- * .*3 •' •«*;'I £?-•* , •?-^i ri'. :* ‘/I:’ ___ 4- rr- - y “ ! ^ • ' • . >V, . ^4<- - • .../m ' A • * ^r?r- ;p /.-' ■ ^iv>--- - -^- ‘-, • • >{ -.• ••; •. •-• - f.1 r* "•tvT 4Kr>^ .T F*=*> 'r^/:^-..j 'Ttv. ^■ * ' '^Ifcl I m<M ■ .s - - f- ^ -? >- -/n/zA'-^ohMSilPiS'^s ls&&'^.;4^,■ s’. f il'ft I/. .21 • I//. 1^. . I ‘ V; .i¥^'/ wi' mmlf£ >11^, *%m \ rV;' :->^ • * W* - •Ir' it-.-"’-'.-t ■ •. . fe'- ^ ' r - -T'V - - -r; . . - BG T5<Sr. ?P^ ' V.-.V wmmm. Sr*‘t?- ;V Tf‘^'7- - - j'Vo " * ppf;'-ee-2ee5 i3t26 c omuLTiw ULTEIG MPLS SWlBlT I 7635711160 P.ei MRMMTMIM Ui^ l f . ULTEIG ENGINEERS. INC. /. H, JhUUmchr Engineetiag, loe. MMCOMHBICeMUIJV/MD IIOUIIO. MM SUM FMbruary 21.2002 I8ED FMbniarv 22.2002 RobMrtMaok 1660 North Farm Road Orono. MN 55301 RaaldarMa 1078 Shadywood Road OrorH>.MN ProjOGt No. 02-6551 Mr. Mack; Tha purpoM of this Mtar it to report the findings of a structural engineering review of the reeidenoe. ASaiQNMB UNaig Ertginaars, Inci Dohimaiar Enginaering, Inc. hat bean ratainad to provkfa a structural anginaaring review of the residence located at 1978 Shadywood Road Orono. MN, as dkactod by Dale Pixler on behalf of Robert Mack, the purdiaser. -(e’l' "IL The sals of tha raaidanoa is contingent on the adequacy of the house to support the addition of a second fioor. Robert Mack wishea to have an Independent adequacy of the house to support a second story. OBfil Tha raaidenoa is a single story home with a four-foot crawl space under tha house. A garage wkh a slab on grade was attached to the house, but has since bean oonvartod into an additionai room. a I m.-9B-2dBS 13<26 ULTEIG TFLS 7635711168 P.82 Robot Mick P«bniaiy2l,20Q2 QBBg«VATiOW8 AND COmWSNTS 1 A sit9 jnfp«clion waf completwJ by John Dahimoier on Februaiy 14. 2002, the following Hems were noted: a. b. c. d. e. f. 0 The foundation wall is 46* deep with 8 ” modular block. The fooling is 22* wide around the perimeter of the house. A wood beam line at midspan of the width of the house is supporting the first floor. The beam is 8 ” deep by 7 %” wide with 5 W by 6" columns supporting the beam every 8'. The footings under the columns are 30”x30* The overai width of the foundation is 22'. Based on the age of the house, the wails are assumed to be 2x4 Douglas* Fir studs spaced at 16* on center. The soil under the footing is compacted sand. The addition of the second story is assumed to add ten foet to the overali height of the house. 3.The addKion of the second floor may be placed above the main part of the house as wen as the former garage. A structural engineering review was completed. It was determined that the Mdsting walls and foundation wNI be adequate to support the addMon of the second story. No additional reinforcement will be required in the existing walls. imOFESSIOMAL OPmiON s It is my profossional engineering opinion that the house wNI be adequate to support the addition of a second story over any part of the house and the former garage. ilEHEBAk Further study and structural analysis of the post bearings, framing attachments, and headers wNI be requliad once the final layout of the proposed addition is finished. 7.The information, observations, and opinions stated in this report are based on an inspection made by John DahImeier. The inspection consistsd of a visual walk ­ through obsenring exposed elements and foose accessible without the removal of finished materials. The observations and opinions expressed Hi this report were baaed on my professional engineering judgment wid professionai practice, as weN as the site inspection. 1 13>26 ULTEIC nPLS 7635711iee P.03 RebwtMMk PibiMiy2l,2002 If you tavt any qutillont. plautrcontict nw. SinoBfoiy. ULTEIO ENOINEER8, MC. / /. H. DAHtMEUR BNGlNBBiaNG, INC Johnffl. Dahimaiar. P.E. JHDrjah I haiatoy aartNy that thia plan, apacHloation or lapoft waa fMaparad toy ma or undar my diraet auparvlatoii and that I am a duly Neanaad pratoaalanal anginaar undar tha fawn of lha State ofWnnaaate. ML John H/DaMmalar ahi/ii. Minnaaola Ragiatralion No. tSIl TtrfRL P.B3 J - ........................................ - ■■Anti— M-f rtiiTitnaMT iTriAia V ti> ■■ a n ii^' . ' U- - : L iM^eL..: - I ■■' ltUNIM1C;««20QS 31 1711723240023 ■MOTAOm 1940 SHAOYWOODRD yWNEKNAME MRMACCHARLES/VMACCHARLES 'A3CPAYER MALCOLMA^nUHNU MACCHAMLES lAME/AOM 1940SHAOYWOODRO WAYZATAMN SSj9I 31 1711723240020 ’EOPAODR 1970 SHADVWOOD RD IWNBRNAME R E MACK * A M MACK 'ATCPAYBR ROnUTAARDELLMACK iAM&AODR 197ISHAOYWOODM> WAYZATAMN 39391 3t 1711723310001 'ROPAODR 2000 SHADYWOOORO IWNERNAME RBKOtCHNERALMKlRCHNER AXPAYER KBKnCHNER*LMKnCHNER lAME/AOOR 2000SHADYWOOD1U> WAYZATAMN 99391 17 1711723310049 KOrADDR 3740 SUNSETM IWNERNAME RESTAUKANTSNO UMITINC AXPAYER RESTAURANraNOUMiriNC lAME/AOOR 4300RAKERRD MINNETONKA MN 99343 HENNEPIN CX3UNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 31 1711723240024 PROPAODR 1900 SHAOYWOODRO OWNERNAME JACKRA KARlOLSON TAXPAYER JACK R A KARI OLSON NAMWAOOR 1900 SHAOYWOODRO WAYZATAMN 99391 3S 1711723240027 PROPAODR 1990 SHAOYWOODRO OWNERNAME RPMACKAAMMACK taxpayer ROBERT P mack NAME/ADOR 1090 NORTH FARM RD ORONOMN 39390 3S 1711723310002 PROPAODR 2010 SHADYWOOORO OWNERNAME RWACMKOZICKY TAXPAYER RICHARD WKOZICKY NAME/ADOR 2016 SHAOYWOOD RO WAYZATAMN 99391 38 17117232400?^ PROPAODR 1972 SHAOYWOODRO OWNERNAME MICHAELMISCHKE TAXPAYER MICHAEL MISCHKE NAME/AOOR 1972 SHAOYWOODRO WAYZATAMN 53391 38 1711723240028 PROPAODR 1998 SHAOYWOOD RO OWNERNAME JANETESOLTAUTRUSTEE TAXPAYER JANET E SOLTAU NAME/AOOR 1998 SHAOYWOOD RO WAYZATAMN 55391 38 I7II7233I00II PROPAODR 2024 SHADYWOOORO OWNERNAME PAMELAJWILLETTE TAXPAYER PAM WILLETTE NAME/AOOR 2024 SHAOYWOOD RD ORONOMN 55391 PACE: I % n JL I CERTIFY THATTHE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION (H^ITVORMA'nON AS IT APPEARS THIS DATE ON THE RECORDS OFTW HEFMEPIN COUNTY TAXPAYER SERVICE DEPARTMENTTRO T>ffi Bl OFMY KNOWLEDGE ANDBEUEF. uh/^^ DATE • f i. -' * V '4 ' .t ;' . ..'s•« it.,.M • • *4 A f, -t? MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, April 18,2005 6:00 o’clock p.m. (805-3104 David and Renee Mack, Continned) There were no public comments regarding this application. Jurgens stated the issue is structural coverage and that he does not have a problem with going up. Pritzler stated he would follow Staff’s recoi iatioii£.aniUhaLije.wou]d not.be opposed to goingopILLUl-jill somewhat on the existing residence. Fritzler noted there are some restrictions on going up. Gafinm stated diere are issues with setback from the lake. Ftitzler indicated he is not in favor of encroachirig within the setbacks. Rahn indicated he would be more receptive to going up with the structure as opposed to enlarging the footprint. Rahn noted the applicants are currently at 16 percent and that he would not be in favor of increasing the structural coverage on the lot. Rahn inquired what the current setback is. Storiing stated die existing setback on the nordi side of the residence is IS feet. Rahn stated he would like to see die residence redesigned under 16 percent. Mack indicated he would like his application tabled. Rahn moved, Frttsler seconded, to table Application 805-3104, David and Renee Mack, 1978 Shadywood Road, to allow the applicant time to redesign his plan under 16 percent structural coverage. VOTE: Ayes 7, Nays 0. Storiing noted diey have proposed some hardcover reductions. Rahn recommended the applicants consider a reduction in hardcover wherever possible. [2. 805-3105 PETER I. - 9:33 P.M. Peterwfartinson, Applicant; was present ON, 4460 FOREST LAKE LANDING -[ANCE, 9:16 \ Curtis std(^ the appli^nt is requesting a numbe^S^ variances iifmder to construct a new singiq-i unity residence m the nroperty. The following variancraarebeing^uested: > ' 1. A hai^qdVer variance for 32.9 percent hardcoW^i^n the 75 ’-250’ setback zone where ^ ^s normally allowed and 21.9 perceqycurrentt^^^ists: and ^ 2. AA'tructurM coverage variance for 16.7ji^cent where 15 ]^ent is normally allowed;ind PAGE 26 T ; i rtiiiirr^in rin~r in ’ i • ^ MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, April 18,2005 6:00 o ’clock p.m. \W5-3103 Jack and Kari Olson, Continued) BremM^noved, Leslie seconded, to recommend approval of Applica^on M)5-3101, Ja(6k and Kari Olson, lM6.^adywood Road, to a 20* by 20’ detached garage sn^ect to^Cproposed hardcover rMVctions in the aj^icants’ revised plan. VOTE: Ayes 2, Nay^ 5jj(ahn, Jurgens, Kempf, Fritxler ahil^ink^jr^posed. 'Winkey moved, Ra)»d"Mcon^e4^to recommend denial of Appllcatio^iiil^3103, Jacik^d Kari Olson, 1966Sh^^oodRoad, wHiithe recommendation that anj^dturc proposal forVgaragf conform wl li|the recoi coverageU 11. 805-3104 DAVID AND RENEE MACK, 1978 SHADYWOOD ROAD - VARIANCE, 9:02 PJM.-9:16 P.M. David and Renee Mack, Applicants, and Richard Sterling, Builder, were present Curtis stated the applicants are requesting a number of variances in order to remove a detached garage, construct a garage attached to the house, add footprint additions to the house, and construct a second story addition over die house and the new attached garage. The following variances are being requested: 1.A rear yard setback variance for a 10-foot rear setback where 30 feet is required for the attached garage; and 2. A hardcover variance for 27 percent within the 0-75* zone and 53 percent within die 7S ’-2S0’ zone; and 3.A structural coverage variance for 24.5 percent structure where 15 percent is normally allowed and 16 percent currently exists; and 4.A lake sediack variance to expand the house footprint further into the required 75’ lake setback, a 57-foot setback currendy exists, and 51 feet is proposed. Staff recommends approval of the second story additions but recommends denial of the lake setback, hardcover, and structural coverage variances in order to expand the house footprint more lakeward than the existing footprint. Should the Planning Commission find that the depth of the lot serves as a hardship justifying the 10-foot rear yard setback, Planning Staff recommends approval of an attached garage. Curtis stated the size of the garage as proposed may not be supported by the hardcover and structural coverage constraints. Mr. Mack stated they would like to increase their living space to make room for their expanding family. Rahn stated the biggest issue is the structural coverage on the lot and that the footprint of the structure in his opiniim has to be determined prior to resolving the other issues. PAGE 25 mi tf/hSi fi I COiih Dale Application Received: 03-23-05 Date Application Complete: 04-11-05 60-Day Review Period Eipiration: 06-11-05 Eiteaded 05-03-05 to allow for Variance applkation to procees M 25 200S City of ®^o/vo REQUEST FOR COUNCIL ACTION Date: July 19,2005 Item No. 5" Dcpartmciit Approval: Name: Melanie Curtis |^C/ Administnitor Approval:Agenda Section: Title: City Planner 4 Item DescriptioB: #05-3107 - Scott Bissen & Michelle Morey - 825 Tonkawa Rd -Variance - Resolution Zoning District: Lot Area: Lot Width: LR-IB, One Family Lakeshore Residential District 1.3 Acres 106* @ shoreline /136’ @ 75’ setback List of Exhibits: A. Resolution per Planning Commission recommendation B. PC Action Notice dated 07-20-05 C. PC Memo & Exhibits of 07-12-05 D. Council Memo of05-03-05 Application Summary The applicants are requesting a lot width variance in order to construct a new single family home on a lot 106’ in width at the shoreline and 139’ at the 75’ setback where 140’ is normally required. Planning Commission Rccommcadation On July 18.2005, Plaiuiing Commission voted 7-0 to recommend approval of the lot width variance on the Consent Agenda per the Staff recommendation. Pfamning Staff Recommendation Approval of the variance per the attached Resolution. COUNOL ACTION REQUESTED Adopt or amend the attached Resolution. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 78-330(B) FILE NO. 05-3107 WHEREAS, Scott R. Bissen and Michelle R. Morey, husband and wife (hereinafter “the applicants**) are the owners of the property located at 825 Tonkawa Road within the City of Orono (hereinafter the “City**) and legally described as follows: Part of Lots 1 and 2, Auditors Subdivision No. 217, Hennepin County, Minnesota (hereinafter the “property**); and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-330(B) to allow a lot width variance in order to construct a new single fomily residence on a lot 106* wide at the OHWL and 139* wide at the 75* setback where 140* in width is required. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. 2. This application was reviewed as Zoning File #05-3107. The property is located in the LR-IB, Single Family Lakeshore Residential zoning district, which requires a minimum of 43,560 s.f. or 1.0 acre in area and 140* in width. The applicants* property is 56,553 s.f (1.3 acres) in lot area and 106* in width at the shoreline and 140* in width at the 75* setback line. 3.The Planning Commission reviewed this application at a public hearing held on July 18, 2005 and recommended approval of the hardcover variance and conditional use permit based on the following findings: a. No additional land is available for acquisition by the applicants to make the property conforming in area. Page 1 of 5 r • 4. 5. b. The property is served with municipal sewer. Although the property has been vacant since I99S, a single family residence has existed on the property for many years. c. The lot is nearly conforming in width for most of its dept where dwelling construction will occur, but is substandard in width due to an angling of the side lot line near the lake. d. The size of the proposed residence and property is consistent with other approved development in the neighborhood. e. The lot can be developed to meet all other City requirements. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the q>plicant and the public, and the effect of the proposed variance on the health, safety and welfare of the community. The City Council finds that the conditions e: on this property are peculiar to it and do not apply generally to oti. operty in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal 2Uming Code Section 78-330 (B) to allow a lot width variance subject to the following conditions: 1. Council approval is based on the survey submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plans which are not in conformity with City codes will require further Planning Commission and City Council review. Page 2 of 5 ----------------.at.----------------------- f 2. Hafdcover in the 0>7S’ zone shall not increase above 409 s.f. or 4.6% per the proposed plan and hardcover allowance summary per Resolution No. 5324. Applicant is advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (July 25,2006). 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 termiiuite any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned iq>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 agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 25'*' day of July, 2005. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner(s) Page 3 ofS • • ■ n •: 1 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 muidcipal corporation and said instrument was executed on behalf of the City. Notary Public ' 1 4 . ■ ■ ■? ■ ’ii ‘t Page 4 of 5 ! STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this__day of. by Scott R. Bissen, husband of Michelle R. Morey, husband and wife. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this__day of by Michelle R. Morey, wife of Scott R. Bissen, husband and wife. Notary Public i" ■*m , (I:.- I« • • 'A' •••• ' .‘rv • ;.C :r;: Page S of 5 ,2005 .,2005 J I • ^Vr. ->wi| •V • ' . * , ■ \ • V r )•;V. .r>\ A'-JL • ■ ■-''1.' . HARDCOVER CALCS-------------Wtvr 75-290 AREA - 26200ST 290-t- AREA - 16200SF ! i^> B^'lf^KssT'S « •3“ TN965 13 benchmark T P / PROPOSED ELEVATIONS ^ GARAGE FLOOR-968.0 TOP OF FOUNDATION -968.3 LOWEST FLOOR-958.5 ‘ *.-1 ELEV - 965.1 ]---. o ^ " 7 DESCRIPTION; «»«• ' \ \ ^0--_______ o*x-*^Pa RT OF LOTS 1 AND 2. AUp. SUBO. NO. 217, HENN. CO.. MN. 53350 SF/ 1,22 ACOMviL vM lot area SURVEY IS SUBJECT TO CHANGE PER TITLE OR EASEMENT WFORMATION mim V7'••:'■ .1 jW.v&CV ' r CITY OF ORONO 2750 Kelley Parkway POB0X66 Crystal Bay, MN 55323 952.249.4600 ZONING FILE 05-3107 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: July 20,2005 TO: Scott Bissen A Michelle Morey 16025 36*^ Place N Plymouth, MN 55446 COPIES: TYPE OF REQUEST: Lot Wkitli Variance DATE OF MEETING: July 18,2005 Plauniug Coninilssiou recommended as follows: Approval of the lot width variance as requested. VOTE:7 FOR 0 AGAINST Applicant’s next scheduled meeting is confirmed as: City Connell - Jnty 25,2005 - Meeting starts at 7:00 pm If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. If you have questions, please call City Planner, Melanie Curtis at 952.249.4627. mi •. I"', N ■ ^ n FILEM5-3107 12 July 2005 Page 1 of 3 Date ApplicatioM Received: 03>23^ Date Applicalloa CoaiMered as Complete: 04>11-05 60-Day Review Period Eipirct: 06-11-05 Extended 05-03-05 to allow for Variance application to process To;Chair Rahn and Planning Commission Members Ron Moorse, City Administrator Froii; Date: Melanie Curtis, City Planner July 12,2005 ‘CONSENT* Subject: OS-3107, Scott Bissen & Michelle Morey, 847 Tonkawa Road 0 Lot Width Variance • Aibiic Hearing Zoniug District: Lot Area: LR'tB, Single Family Lakeshore Residential, 1 acre 1.3 acre (56,553 s.f.) AppUcathn Summary: Applicants are requesting a lot width variance in order to build a new residence on the propertyj_______________________________ Sttfff Recommendation: Staff reconunends approval of (he lot width variance stipulating that the applicants meet all zoning requirements with the construction of the new home. Pertinent Zoning Ordinance Sections Sec. 78-330. Area, height, lot width and yard requirements. (a) Height. No structure or building in the LR-1B district shall exceed 2 1/2 stories and shall not exceed 30 feet in height except as provided in section 78-1366. Lot Area (•ere) Lot Width (feel) Front Yard (feet) Sid^ Yard Adjacent to Another Lot (feet) Rear Yard (feel) Side Yard Adjacent to Street (feet) 1 140 35 10 30 35 List of Exhibits A. May 3,2005 Council Memo B. Survey C. Aerial Photo D. Property Owners List E. Plat Map Background In May of this year the applicants received a conditional use permit and hardcover variances in order to construct a new lake access stair, conduct grading and install a number of boulder retaining walls. Iluit application was completed without a complete property review as the property owner at that time had not approached the City for building permits for a new home. At the final approval stage of the conditional use permit application, staff realized that a lot width variance was required in order to 1 i1 ■■■1 k P FILEi05-3107 12 July 2005 Page 2 of 3 construct a new home on the property. The conditional use permit and hardcover variance approvals continued through the approval process and now the lot width variance will be formally reviewed. LOT ANALYSIS WORSHEET Lot AreaAVidth: LR-IB Required Actual Lot Area 43,560 s.f. (I acre) 56,553 s.f. (1.3 acre) Lot Width 140 ’ 106’ @ shore 139’@75 ’setback Hardcover Calculations; Hardcover Zone Total Area ia Zone Allowed Hardcover Existing Hardcover Approved Hardcover (May 2005) : 0-75 9,090 s.f.0s.f (0%) 420.5 s.f.* (4.6 %) 409 s.f. (4.5 %) Accounting for the existing stairs A walls stairs, and boulder walls. After exclusion of fabric or pla.itic-lined landscape beds Hardship Analysia In censUertHt appllcuHons for variance, the Planning Commhshn shall consider the effect of the proposed variance upon the health, safety and welfare of the comntunlty, existing and anticipated traffic conditions, light and air, danger of fire, risk to the pubUr safety, and the effect on values of property In the surrounding area. The Planning Conunlsslon shall consider reconunendlng approval for variances frim the Meral provbhns of the Zoning Code In Instances where their strict enforcement would cause undue hardship because of circumstances unique to the Individual property under consideration, and shall recommend approval only when It Is demonstrated that such actions will be In keeping with the spirit and bitent of the Orono Zoning Code. Required lot width for the LR-IB District is 140’, and an existing lot of record in R districts of one acre or less meeting 80% of the lot area and width standards is allowed to be residentially developed. The 80% of width standard for a lakeshore lot must be met at the OHWL and at the 75 ’ setback line. In this case, the lot exceeds 140’ in width for most of its length, as well as at the building location, bu< narrows to 106’ defined width at the shoreline, not meeting the 80% standard (106/140 => 76%). This lot has been vacant since 1995, and although the current property owner has made a number of inquiries in the past months about aspects of building on the lot, the lot width issue was not discovered until the end of the CUP and hardcover variance review in May 2005. The lot can be developed to meet all other City requirements, and no additional land is available to make the lot width conforming. FILBW5-3107 12 July 2005 Page 3 of 3 Issues for ConsideratioD 1. Does the Planning Commission have any issues with the application? Staff Rccomniendation Planning Department staff recommends approval of the lot width variance, provided that the new home conforms to all applicable zoning standards. F 0 h ■m •• / Vl’J. J* ■>':siLMLiA »T* v^ -- •< “f >11 I—, ■\ ..f, - V -- •■ = - ‘Z k - •v!':-". .'A* § Date Application Received: 03<23-0S Dale Appikation Compiete: 04-11-05 60-Day Review Period Eipiralion: 06-11-05 REQUEST FOR COUNCIL ACTION Date: May 3,2005 Item No. Department Approval:Administrator Approval:Agenda Section: Name: Melanie Curtis Title: City Planner Item Description: #05-3107 - Natural Environments Corp - 825 Tonkawa Rd - CUP & Variance - Resolution Zoning District: Lot Area: Lot Width: LR-IB, One Family Lakeshore Residential District 1.3 Acres 106’ @ shoreline / 136’ @ 75’ setback List of Exhibits: A - Resolution per Planning Commission recommendation B - PC Action Notice dated 04-19-05 C - PC Memo & Exhibits of 04-11 -05 Applicant is requesting the following: 1. A conditional use permit in order to replace a rotted wooden stair system with lower glacial boulder walls, vegetation, re-grading the slope and the installation of a granite stair system. 2. A hardcover variance due to the change in the hardcover percentage proposed. Planning Commission Recommendation On April 18,2005, Planning Commission voted 6-0 to recommend approval of the hardcover variance and conditional use permit per the Staff recommendation. Lot Width Variance Required During the review process for the retaining walls and stairway, it has just recently come to light that the lot is substandard in width as measured at the lakeshore. Required lot width for the LR-IB District is 140’, and an existing lot of record meeting 80% of the lot area and width standards is allowed to be rcsidentially developed. The 80% of width standard for a lakeshore lot must be met at the OHV/L and at the 75’ setback line. In this case, the lot exceeds 140’ in width for most of its length, as well as at the building location, but narrows to 106’ defined width at the shoreline, not meeting the 80% standard (106/140 = 76%). This lot has been vacant since 1995, and although the current property owner has made a number of inquiries in the last few months about aspects of building on the lot, the lot width issue was not discovered until this week. The lot width issue is in staffs opinion a technicality in this case; we kL^ I would expect no opposition to granting this variance from Planning Commission, Council, or the public. However, from a precedence perspective, this nonconformity cannot be ignored and a variance should be processed and approved in the normal manner, as an amendment to the current application. Staff Recommendation . Staff would recommend that the resolution for the stairway and walls be adopted, and that the applicant be allowed to amend the existing application to include a lot width variance, to be publish^ for a public hearing at the Planning Commission ’s June 20 meeting, with Council action on June 27. Per discussion with the City Attorney, staff would also recommend that if the applicant applies for a building permit for the new residence and if that permit is ready to issue before June 27, that the building permit be issued and home construction be allowed to commence, conditioned on no Certificate of Occupancy be issued imtil the variance process is complete. Planning Staff Recommendation Approval of the variances per the attached Resolution. COUNCIL ACTION REQUESTED Adopt or amend the attached Resolution. . -------- * I I *1 r ^ ■) ^ ■; -••.•.A *-;^ r- t.; -^^•■ WSF / 1^ HARDCOVER CALCS- - - - -- 75-290 AREA - 26200SF 250> AREA » 18200Sf 'III/ 'V y PROPOSED ELEVATIONS Vf \ —GARAGE FLOOR-968.0 ' \ TOP OF FOUNDATION -966.3 LOWEST FLOOR-958.5 DESCRPTION: ------ -__W—^ArjT OF lots 1 AND 2. AUp. SUWD. NO. 217, HENN. CO.. MN. aiAvtt. owvi i^Qj. ^ 22 AC SURVEY IS SUBJECT TO CHANCE PER TITLE OR EASEMENT INFORMATION \ n •o CM Ik Exhibit C J ■ ''fc>. .«■ V-:'i i_^,i > '-V <«>^r7- ' >• r;>- . %', ^ •''■■I i :x-\. -i..-, . L. i 1 V 'f ^ h '^.c>» • ^:%u ' • y--'Si'W- \ >y f v?te **' X ,# '•/^¥ s^i ■•tilEBEpai -, ■ ;■■ ^* 4^ A .-Ci-W' • /■>’<> ”'|^'-a'-C i'-'?” /^’'^ "'ft ■•i r ’«ft4^. >^vhP<] 825 Tonkawa Road Overview Map . ' ' -i WNOATE:3m/300S 3S 0SII72334O0M ADO* 770 TONKAWA *0 ERNAME TS*SJOKERST*OM AYE* THOMAS S & SUSAN i OKEKSTROM 2/AOOR 770 TONKAWA RD LONG LAKE MN S53S6 3S OSt1723340012 ADOR SSS PARTENWOODLA ER NAME SHAIKH ASIM CUL AYER SHAIKH ASM OUL 2/AODR SSS PARTENWOOD LA LONG LAKE MN SS3S6 31 Oil 1723210002 ADDR S2S TONKAWA RD 3RNAME SRBBSENJL MR MOREY AYER SCOTT BISSENMICHELLE MOREY yAODR ISQ2S36THPLN PLYMOUTH MN SS446 31 0SII7232I00II ADOR 31 ADDRESS UNASSIONEO 3RNAME MARY JANE SAFAR AYER MARY JANE SAPAR VAODR «2S PARTENWOOD RD LONG LAKE MN SS3S6 k V HP. m HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 OSt1723340009 PROP ADDR 774 TONKAWA RD OWNERNAME B L NADEAU JR BN LNADEAU TAXPAYER BERNARD L NADEAU JR NAME/AOOR 774 TONKAWA RD LONG LAKE MN SS356 3S OSI1723340010 PROP ADDR 7S0 TONKAWA RD OWNERNAME TRBTJHAUOAN TAXPAYER TODD RB TERESA JHAIX jAN NAME/AODR 780 TONKAWA RD LONG LAKE MN SS3S6 38 OSI1723340013 PROP ADOR 87S PARTENWOOD LA OWNERNAME JPBEKBECHDOL TAJCPAYER JOHN P B ELIZABETH K BECHDOL F!AMWAODR 873 PARTENWOOD LA LONG LAKE MN S533«« 38 0811723210001 PROP ADOR 801 TONKAWA RD OWNERNAME ORPOMUEBJPOMUE TAXPAYER DAVID RPOMUE NAME/ADDR 801 TONKAWA RD LONG LAKE MN SS3S6 31 0811723210003 PROP ADDR 147 TONKAWA RD OWNERNAME DVAILLANTBSVAILLANT TAXPAYER DENNIS VAILLANT NAMWAOOR 10 ECHO BAY OR TONKA BAY MN SS33I 38 C8I 1723210010 PROP ADDR 92S PARTENWOOD RD OWNERNAME MARY JANE SAFAR TAJCPAYER MARY JANE SAFAR NAME/ADDR 92S PARTENWOOD .* D LONG LAKE MN SS3S6 3S 081:723210013 PROP ADDR S7S TONKAWA RD OWNERNAME AP RICHIEBM A RICHIE TAXPAYER APRICHIEBMARICIIIE NAME/ADDR 430 HtCHCROFT RD WAYZATAMN SS39I 3S 0811723210019 PROP ADOR S93 TONKAWA RD OWNERNAME APRICHIEBM A AlCHlE TAXPAYER APRICHIBBMARICHIE NAME/ADDR 430 HIGHCROFT RD WAYZATAMN SS39I 1 CERTIFY THATTHE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OFTHE HENNEPIN COUNTY TAXPAYER SERV1CE&DEPARTMEN1WO JSE 31 OP MY KNOWLEDGE AND BELIEF. ^ PACE: I i- ■ Hf ‘nru‘pin Hennepin County Taxpayer Services Department • ? * f * I ^4 Parcel Information •*. ■ i Parc«l ID 0811723210002 Housa Numbar 825 Straat Nama TONKAWA HO Thi$l»nolahgaKy/woonMnmp. H npnaantB a compilation 0/information and data tiom Ctiy, County, and State mad autitarltiaa and otitar aourcea. Date AppIkNtion Received: 4>2(MiS Date Applkatioa Cooeidered as Complete: 5*23^ 60-Day Review Period Eipires: 7-22-05 eitended to 9-20-05 REQUEST FOR COUNCIL ACTION M 2 5 2005 CITY OF ^hUl\lQ Date: July 21,2005 Item No.: Departnent Approval:Administrator Approval: Name: Janice Gundlach^ Title: City Planner Agenda Section: Zoning Item Description: 1tQ5-3113, Dennis & Amanda Walsh, 1354 Rest Point Circle, Conditional Use Permit for Bluff Restoration/Preservation Zoning District: Lot Area: Lot Width: LR - IB, One Family Lakeshore Residential District (1 acre minimum) 0.72 acres (31,200 s.f.) 124’ @ shoreline; 121 ’ @ 75’ setback (140’ required) List of Exhibits A - Resolution B - Notice of Council Action dated 7-12-05 C - Council Memo & Exhibits of 7-7-05 Ai^tcatioH SuHunary: Applicant requests a conditional use permit in order to conduct land alterations within 75’ of tte shoreline consisting of a bluff restoration/preservation plan due to clear-cutting. This application is necessary in part to correct a violation of Section 78-1285 (b) of the Zoning Code and because of a condition placed on a hardcover variance approval noted in Resolution #5259 approved in December of2004. Planning Commission Recommendation The Planning Commission voted 5-1 to approve the concept of re-vegetaung the bluff area without implementation of a new stair access pending submittal of a detailed “planting plan” for City Engineer review and approval, prior to Council review. The applicant has submitted a planting plan for City Engineer review, lire r* *no attached as Exhibit B outlines the reconunendations of the City Fjigineer. Council Action of July 11 Council reviewed the grading plan and directed staff to draft a resolution requiring compliance with the City Engineer recommendi^ons. Staff Recommendation Approve a plan implementing the City Engineer recommendation. COUNCIL ACTION REQUESTED Adopt the attached Resolution which grants a conditional use permit to conduct land alterations within 75’ of the lake for 1354 Rest Point Circle. I b. The proposed stair access would no longer be part of the proposal. c. The project would no longer require a structural review whereby no longer requiring engineering. 4. The City Council finds that submission of a revised plan incorporating the City Engineer recommendations is acceptable. 5. The City Council has considered this qiplication 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 conditional use permit on the health, safety and welfare of the community. 6. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the 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 applicant, but is necessary to alleviate a demmistrable 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 C(^e and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one w more of the above findings, the Orono City Council hereby pimts a conditional use permit per Orono Municipal Zoning Code Section 78-1286 to allow land alterations within 75* of the 929.4 ’ elevation of Lake Minnetonka consisting of re-vegetating the existing bluff area, subject to the following conditions; 1. Council approval is based on the site plan submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibits A1 - A2. Any amendments to the site plan Mdiich are not in conformity with City codes will require further Planning Commission and City Council review. 2. A revised plan must be submitted implementing the recommendations of the City Engineer, which are stated in the letter attached to this Resolution as Exhibit A2. Page 2 ofS > 'v . , A land alteration permit must be issued through the building dqiartment prior to any site work. 3. Implementation of the plan attached as Exhibits A1 - A2 will resolve the clear ig zoning violation and bring the property back into compliance.11 4. Autiiorities granted by this resolution run with the property not with the applicant, but are permissive oiUy and must be exercised by obtaining a building permit for the new construction within one year of the date of Council iq)proval, or the conditional use permit will expire on that date (July 25,2006). 5. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be pimishable as a misdemeanor. 6. The undersigned applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the i^)plicants and the applicants* heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Ach^jted by the Orono City Council on the 25* day of July, 2005. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner(s) Page 3 of 5 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this_ day of _, 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public T,;- : STATE OF MINNESOTA COUNTY OF HENNEPIN day ofThe foregoing instrument was aclmowledged before me on this __, 2005 by Linda S. Vee, City Clerk of the City of Orono, a Miimesota mimicipol corporatioa and nid instrument was ocecuted on behalf of the City. Notary Public Page 4 of5 J r ' •I i 4 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this__day of _ by Dennis S. Walsh, husband of Amanda L. Walsh, husband and wife. ^2005 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged befme me this__day of by Amanda L. Walsh, wife of Dennis S. Walsh, husband and wife. .2005 Notary Public imm Jiiiii Page5of5 nl^jrafc<-iiiri 1 I i-iai*r*Tii r :>.■ s’/'' ,• * m'-: ■ ! 1 5? 5 > EXWBtT A lnter~Office Memo tf\i Bonestroo ^gWoscne igjM AndefWi&k Associates EngmMTf 4 ArcMItctt To; Tom Kellogg Dare; X7-1 1-2005 From: Stuart Krahn Phone: X4861 Re: 1364 Rest Point Circle (File #04-3067) Remert(8: Tom: I have the following comments on the Planting Plan dated 7/1/05: 1. Wood Platform: Applicant should verify whether the existing wood platform shown in the survey is to be removed or is to remain, or is seasonal for winter dock storage. If it is to remain or is seasonal, the applicant should clarify how this impacts the planting plan. 2. Shrub Spacing: A number of the proposed shmbs are shown at 6' or 7 ’ on center. This includes the dogwoods, viburnum, amur maple, and sumac. \Nhi\e this spacing reflects their mature size, it does not provide sufficient root structure to stabilize the slope when the roots of the previously cut vegetation decompose. The maximum spacing on new shrubs should be reduced to 4' on center, with 3' on center preferred for smaller species. The honeysuckle at 2.5' on center is appropriately spaced. Applicant should revise plant quantities as required to cover exposed slopes. 3. Perennial and Grass Spacing: To stabilize the slope, ali perennials and grasses should be spaced at 1.5* on center, with the exception of the switch grass and little bluestem, which should be spaced 2' on center, and the sedum, which should be spaced at 1* on center. Applicant should revise plant quantities as required to cover exposed slopes. 4. Plant Species: The Moonshadow and Winter Creeper Euonymous and the Wilton Carpet Juniper are not proven performers for stabilizing south-facing slopes. Ash Leaf Falsespirea and Red or White Snowberry are recommended alternatives. Also, amur maples have begun to show up in the wild and are competing with native plants, so are not recommended. 5. Planting Practices/Temporary Erosion Control; Excess soil removed from planting holes will wash into the lake if it is left uncovered on the slope. Therefore, cutting existing dead stumps off at the ground, seeding the slope, placing type 2S straw erosion control blanket, and then planting through the blanket, is recommended. No excess soil should be left on top of the blanket. ‘it Bomatroo, Boautt, Andartlk and Aaaoetataa, Ine.WWW, bonestroo. com om.PWkimmutWrnefM aMiMiitii nmmMU 01innucaipw*.mum 01 lIJMMSiNf .mum mmim OftCMt S73llf ItMift 9ICM.MNSU0I OOUeaiK nmne ffdLSit k» i': CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 ZONING FILE: #05-3113 NOTICE OF COUNCIL ACTION DATE OF NOTICE: July 12.2005 TO:Dennis & Amanda Walsh 1354 Rest Point Circle Mound. MN 55364 COPIES:Terry Sanders Natural Environments. Corp. 6098 Olsen Memorial Hwy Golden Valley. MN 55422 TYPE OF APPLICATION:CUP for 0-75* Land Alterations DATE OP MEETING: July 11.2005 VOTE: 5 FOR 0 AGAINST Motion: To direct staff to draft a resolution in accordance with the Planning Commission and City Engineer recommendations for adoption at the next City Council meeting. Applicant ’s next scheduled meeting is confirmed as: City Connell - Monday, July 25,2005; meeting starts at 7:00 p.m. 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 die ipplicant. Your plication was received on April 20, 2005, and was deemed complete on May 23,2005. The 60-day review period would end on July 22,2005. Because the earliest scheduled date of final Council action falls after the 60-day period ends; dOnfqy nvUgwperhdis kerefy extended an additional 60 days to September 20,2005. If you desire certified copies of the official Council minutes, they are available fiom the City Clerk after review and approval by the City Council. '".’r :: : k\- '■ v::; pa p i ' Date ApiMkation Received: 4-20-05 Date Application Considered as Complete: 5-23-05 60-Day Review Period Expires: 7-22-05 REQUEST FOR COUNCIL ACTION Date: July?,2005 Item No Department Approval:Administrator Approval: Name: Janice Gundlach^^ Title: City Planner Agenda Section: Zoning Item Description: #05-3113, Dennis & Amanda Walsh, 1354 Rest Point Circle, Conditional Use Permit for Blufif Restoration/Preservation Zoning District: Lot Area: Lot Width: LR- IB, One Family Lakeshore Residential District (1 acre minimum) 0.72 acres (31,200 s.f.) 124’ @ shoreline; 121’ @ 75’ setback (140’ required) List of Exhibits A - “Planting Plan’’ per PC Recommendation B - Notice of PC Action dated 6-21-05 C - PC Memo and Exhibits of 6-15-05 ApptktMon Summary: Applicant requests a conditional use permit in order to conduct land alterations within 75* of the shoreline consisting of a bluff restoration/preservation plan due to clear-cutting. This application is necessary in part to correct a violation of Section 78-1285 (b) of the Zoning Code and because of a condition placed on a hardcover variance approval noted in Resolution #5259 approved in December of 2004. Planning Commission Recommendation The Planning Conunission voted 5-1 to tq>prove the concept of re-vegetating the bluff area without implementation of a new stair access pending submittal of a detailed “planting plan’’ for City Engineer review and approval, prior to Council review. The applicant has submitted a planting plan for City Engineer review. As of the date of this report the City Engineer had not reviewed the plan or provided comments. City Engineer comments will be available at the meeting. Staff Recommendation Approve a plan consistent with the City Engineer recommendation. COUNCIL ACTION REQUESTED Direct staff to draft a resolution approving a plan consistent with the City Engineer’s recommendation. V'm-:- --. ^v ,. S ...V*... m’ v/' ■ . . J iMMi ........................ .. >.L^F^tmi CITY OF ORONO 2750 Kcll^ Parkway P.O. Box 66 Ciyital Bay, MN 55323 (952)249-4600 TO;Dennis & Amanda Walsh 1354 Rest Point Circle Mound, MN SS364 ZONING FILE: 05-3113 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: June 21,2005 COPIES:Terry Sanders Natural Environments, Corp. 6098 Olsen Memorial Hwy Golden Valley, MN 55422 TYPE OF APPUCATION:CUP for 0-75* Land Alterations DATE OF MEETING!June 20,2005 PlauiiBg Coaunission rccoaimcndcd as follows: To approve the concept of re-vegetating the Ilufif area without implementation of a new stair access, pending the following: 1. Submittal of a detailed **planting plan*’ for City Engineer review and approval. VOTE:FOR 1 AGAINST Applicant’s next meeting is tentatively scheduled for; City Council - Monday, July 11,2005 pending submittal of a plan for City Englaoer review: meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission or Council minutes, fiM7 are available fi»m ^ City Recorder after review and approval by the Planning Commission or Council. If you have questions, please call City Planner Janice Gundlach at 952-249-4623. m Date ApplicatkHi Received: 5-18-05 Date AppHcatioB CoasMered as Complete: 5-1845 60-Day Review Period Eipires: 7-17-05 eitended to 9-15-05 SSepTIMQ JUL 2 5 2005 CITY OF OHUWU REQUEST FOR COUNCIL ACTION Date: July 20,2005 Item No.: 7 Department Approval:Adminbtrator Approval: Name: Janice Oundlach^ Title: City Planner Agenda Section: Zoning Item Description: #05-3125, Christine Valerius, 2377 Shadywood Road, Conditional Use Permit - Resolution Zoning District: Lot Area: Lot Width: B -1, Retail Sales Business District (20,000 s.f. minimum) 0.24 acres (10,350 s.f.) 90 feet (100 ’ required) List of Eihibits A - Resolution per Council Direction of 7-11-05 Meeting B - Notice of Council Action dated 7-12-05 C - Council Memo & Exhibits of 7-7-05 AppUemHon Summary: Applicant requests the following conditional use permit in addition to the conditional use permit approved for a coffee shop/restaurant approved in April of2004: 1. Conditional use permit to allow a portion of the upper level to be us^ as ofHce. Planning Commission Recommendation The Plaiming Commission, at their June 20,2005 meeting, voted to recommend approval of the requested conditional use permit to allow an office use in the upper level of the previously approved coffee shop. Staff Recommendation Approval per the attached Resolution. COUNCIL ACTION REQUESTED Adopt the attached Resolution granting a conditional use permit for office at 2377 Shadywood Road. 4 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 78-644 (8) FILE NO. 05-3125 WHEREAS, Christine Valerius and Philip Fisk, husband and wife (hereinafter 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 5, Block 3, Townsite of Langdon Park, Hennepin County, Minnesota (hereinafter the “property”); and WHEREAS, the applicant has made application to the City of Orono for a conditional use permit 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. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. 2. This application was reviewed as Zoning File OS-3125. The property is located in the B - 1, Retail Sales Business District which requires a minimum lot area of 20,000 s.f. and a minimum lot width of 100 feet. The property is 10,350 s.f. in area and 90 feet in width. 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. Page 1 of 5 4. 5. b. The proposed office use is a use already existing and allowed within the Navarre neighboriiood. 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 fq)ply 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 ^ning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit per Orono Municipal Zoning Code Sections 78-644 d) h; allow pails 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 this 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 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 which ultimately occupy the space shall n>)t 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, cx.’ept 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 paricing 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 tluit date (July 25,2006). 9. 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. 10. The undersigned iq>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 3 of S Adopted by the Orono City Council on the 25"' day of July, 2005. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this_ day of ., 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public 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 I STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this__day of by Philip Fisk, husband of Christine Valerius, husband and wife. .2005 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this__day of by Christine Valerius, wife of Philip Fisk, husband and wife. ,2005 Notary Public Page 5 of5 •. - Wm CTTYOFORONO 27S0 Kelley Parkway P.O. Box (6 Crystal Bay, MN 55323 (952) 249-4600 ZONING FILE: #05-3125 NOTICE OF COUNCIL ACTION DATE OF NOTICE: July 12,2005 TO: Christine Valerius 5488 Tonkawood Road Mound, MN 55364 COPIES: TYPE OF APPLICATION:Conditional Use Pomit DATE OF MEETING: July 11.2005 VOTE: 5 FOR 0 AGAINST Motion: To direct staff to draft a resolution approving the request for adoption at the next City Council meeting. Applicant’s next meeting is confirmed as: City Council - Monday, July 25,2005; meeting starts at 7:00 p.m. 6(KDay Extension Notice. State law provides that Cities shall make decisions on zoning requests within 60 days fiom the date of application, and that this review period may be extended by notification to the applicant. Your iqiplication was received on May 18, 2005, and was deemed complete on submittal. The 60-day review period would end on July 17,2005. Because die earliest scheduled date of final Council action falls after the 60Alay period oid^ the 60-^U^ review period is hereby extended an addUonal 60 ditys to September IS, 2005, If you desire certified copies of the official Council minutes, they are available fiom the City Clo4c after review and approval by the City Council. ! Date AppUcation Received: S-I8-0S Date Applicatioa Considered as Complete: 5-18-OS tMKDay Review Period Expires: 7-17-05 REQUEST FOR COUNCIL ACTION Date: July?,2005 Item No Department Approval:Administrator Approval: Name: Janice Gundlach^l^ Title: City Planner Agenda Section: Zoning Item Description: #0S>312S, Christine Valerius, 2377 Shadywood Road, Conditional Use Permit Zoning District: Lot Area: Lot Width: B -1, Retail Sales Business District (20,000 s.f. minimum) 0.24 acres (10,350 s.f.) 90 feet (100’ required) List of Exhibits A - Applicant ’s Narrative RE: Proposed Office in Upper Level B - Notice of Council Action dated 6-28-05 C - Council Memo dated 6-22-05 D - PC Memo and Exhibits of 6-16-05 AppUeaHon Sunmary: Applicant requests the following conditional use permit in addition to the conditional use permit approved for a coffee shop/restaurant approved in April of2004: 1. Conditional use permit to allow a portion of the upper level to be used as office. This applicant appeared before the Council at the June 27,2005 meeting requesting a conditional use permit for office space above the coffee shop approved in April of 2004, and also a side street setback variance for an exterior stair access to that office. The Council determined that there was no hardship to grant the setback variance for the exterior stair access and tabled the application so that the applicant could explore an interior stairway. Planning Department staff and the Building Official met with the applicant whereby it was concluded ba^ on the most recent set of building plans that the existing interior staircase would have to be upgraded. The applicant has revised the proposal and will delete the exterior staircase and subsequently the side street setback variance will no longer be requested, leaving the conditional use permit for office in a B -1 district the remaining component of the application. Staff RecommendatioR As the Zoning Ordinance contains no specific conditions for an office use in a B - 1 district, staff provided the Planning Commission widi the following responses to the general conditions placed on i 1 conditional use permit requests, as outlined in Section 78-916: (1) That the proposed location of the conditional use is in accord with the objectives of this chapter and the purposes of the district in which the site is locatni and the comprehensive municipal plan; The proposed office is allowed under the B - I zoning district as a conditional use. The Planning Commission should determine if the proposed office is in accordance with the objectives of the Navarre area in mating a recommendation. Stafffinds that the Navarre area does contain districts zoned for office use, therefore the proposed office would be acceptable for the Navarre area That the proposed location of the conditional use and the proposed condition under which it would be operated or maintained would not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; and Stiff finds the proposed office would not impact the public health, safety or welfare. That the proposed conditional use will comply with each of the applicable provisions of this duqrter. The proposed use would comply with the applicable provisions of the Zoning Ordinance, with the exception of the side street setback variance of which staff is recommending denial of. The Planning Commissicm voted 5-1 in &vor of the office use. The Council should determine if the proposed office use above the jneviously apimived coffee shop, as outlined in the applicant’s narrative in Exhibit A, would comply with the three (3) conditions noted above. COUNCIL ACTION REQUESTED Direct staff to draft a resolution approving or denying the request for a conditional use permit for office in a B -1 district r >*w»*« •*•**«#«#«# IM(Mi* • »•«r«y« • Mt I City ofOrono Attentioa: Janice 7/6/05 Zoning File #05>312S Chriatine Valerius Janice, 0^\or , . We have rnnoved the-wterieF staircase as the council requested and replaced it with ar\ staircase that meets city code. We are requesting only a CUP for use of die uppo- level as offices. The proposed use would be: The small office; Fisk Wallcovering Specialists. This office is a one person office with no customer visits. The larger office: A one or two person office for a small business. Thank You Christine Valerius j:* .. V..:; %,V •••vsv^m '>T\ • .1m m? ;■ ea»#2S:;»g-a'^p '■ V-: J St SSitfta ifc'' m.mmm aJ •••• ■ 1 ITII H if il- CITY OF ORONO 2750 KeUcy Parkway P.O. Box 66 Crystal Bay, MN 55323 (952)249-4600 ZONING FILE: #05-3125 NOTICE OF COUNCIL ACTION DATE OF NOTICE: June 28,2005 TO: Christine Valerius COPIES: 5488 Tonkawood Road Mound, MN 55364 TYPE OF APPLICATION:Variance/CUP DATE OP MEETING: June 27.2005 VOTE: 5 FOR 0 AGAINST Motira: To table. The q>pHcant was instructed to explore moving the exterior staircase proposed to the interior of the building. ^)plicant*s next meeting is tentatively scheduled for: CUy Council - Monday, July 11,2005; meeting starts at 7:00 p.m. If you desire certified copies of the official Council minutes, they are available fiom the City Cleric after review and approval by the City Council. si? ■ xdntssMiHiSmiS f! Dale Applkatioa Received: S-1S4I5 Date Applicatioa Considered as Complete: 5-18-05 60-Day Review Period Espires: 7-17-05 REQUEST FOR COUNCIL ACTION Date: June22,200S Item Noa'#• Department Approval:Administrator Approval: Name: Janice Oiindlach^ Title: City Planner Agenda Section: Zoning Item Description: #0S-3125, Christine Valerius, 2377 Shadywood Road Conditional Use Permit, Side Street Setback Variance - Resolution Zoning District: Lot Area: Lot Width: B -1, Retail Sales Business District (20,000 s.f. minimum) 0.24 acres (10,350 s.f.) 90 feet (100’ required) List of Exhibits A - Resolution per Planning Commission Recommendation B - Additional Materials Submitted by Applicant at PC Meeting C - PC Action Notice dated 6-21-05 D - PC Memo and Exhibits of 6-16-05 Application Summary: Applicant requests the following amendment to the conditional use permit for a coffee shop/restaurant approved in April of2004: 1. Conditional use permit to allow a portion of the upper level to be used as office. 2. Side street setback variance to allow a second story staircase to be setback 21.5’ from the side street lot line when 35’ is required, 24’ was previously approved, and 15 ’ formerly existed. Plunfaig ComnUssion Recommendation The Planning Commission voted 5-1 to approve the requested conditional use permit and side street setback variance to permit a private office and 2"** story exterior staircase stipulating that the staircase be constructed of wrought iron material of a color consistent with the building. Staff Recommendation Approval per the attached Resolution. COUNCIL ACTION REQUESTED Adopt the attached Resolution granting a conditional use permit and sitte street setback variance for 2377 Shadywood Road. i MaHa 'r- i \ :«v . ■■ ; '•v\.f^.v; ‘O'V A RESOLUTION GRANTING A CONDITIONAL USE PERMIT AND A SIDE STREET SETBACK VARIANCE PER MUNICIPAL ZONING CODE SECTION 78^ (8), 78^ (E) RLE NO. 05-3125 WHEREAS, Christine Valerius and Philip Fisk, husband and wife (hereinafter **the applicants”) are the owners of the property located at 2377 Shadywood Road within die City of Qrono (hereinafter the “City”) and legally described as follows: Lot S, Block 3, Townsite of Langdon Park, Hennepin County, Minnesota (hereinafter the “property”); and WHEREAS, the applicant has made application to the City of Orono for a conditional use permit and side street setback variance to Orono Municipal Zoning Code Sections 78-644 (8) and 78-646 (E) to allow parts of the upper level of the existing building and addition currently under construction to be used as office not accessory to the approved coflee shop/restaurant, and for access to this upper level office through a 2"** story exterior wrought iron staircase to be located on the north side of the lot at a setback of 21.5’ where a 35’ setback is normally required, 24’ was previously approved and 15’ existed prior to the coffee shop use. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. 2. This iqiplication was reviewed as Zoning File 05-3125. The property is located in the B - 1, Retail Sales Business District which requires a minimum lot area of 20,000 s.f. and a minimum lot width of 100 feet The property is 10,350 s.f in area and 90 feet in width. Page 1 of 5 ■ -I 3. t.; • • '' . V /r 4. 5. The Planning Commission reviewed this application at a public hearing held on June 20, 2005 and recommended approval of the conditional use permit and variance based on the following findings: a. The upper level office proposed will have no negative impacts on the surrounding area. b. The proposed wrought iron staircase consisting of materials comparable to the main building will reduce the negative visual impacts as viewed from the north side of the building. c. The staircase cannot be moved interiorly due to Building Code conflicts. d. The proposed staircase will have a greater setback from Lyric Avenue than the handicap ramp, located on the west side of the site adjacent to the City-owned parking lot. e. The AC unit, gas meter and dumpster enclosure will also be located on the north side of the building, fiirther hindering an unobstructed north side street yard. f. The original Lyric Avenue setback was IS* prior to removal of the screen porch and shed. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the i^>plicants and the public, and the effect of the proposed conditional use pormit variance on the health, safety and welfare of the community. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the conditional use permit and variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the Page 2 of5 T q)plicants; 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 and variance per Orono Municipal Zoning Code Sections 78-644 (8) and 78-646 (E) to allow parts of the upper level of the existing building and addition currently under construction to be used as office not accessory to the approved coffee shop/iestaurant, and for access to this upper level office through a 2*” story exterior rod iron staircase to be located on the north side of the lot at a setback of 21.5 ’ where a 35 ’ setback is normally required, 24 ’ was previously approved and 15 ’ existed prior to the coffee shop use, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover in the 500 ’-1,000 ’ zone shall not increase above 35% 3. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance and conditional use permit will expire on that date (June 27, 2006). 4. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the applicants and die applicants ’ heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 3 of 5 ih ^ Adopted by the Orono City Council on the 27"* day of June, 2005. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner(s) 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 forgoing 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 .•’.I i»> Notary Public Page 4 of 5 ■AjHkkadiai f;:p j - STATE OF MINNESOTA COUNTY OF HENNEPIN This instruinent was acknowledged before me this__day of 2005 by Philip Fisk, husband of Christine Valerius, husband and wife. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this__day of by Christine Valerius, wife of Philip Fisk, husband and wife. .,2005 Notary Public Page 5 of 5 ----------------------- » o y) jjz z D D D Z jJzz aJr A k PxmeiT A wrtprH ®i CfWIttASt* v)(oo<ittr V»\ ^ SIMIU*#' TO 1HB i I' \Plannuig Oxiunusion meeting 6^0/05 CUP for ol Side Streep ^rheote^ efoircMe on Northeide In April, 2604 we were given approval to remodd the home at 2377 Shadywood and convert it to a ooflfee ahop/restaurant. Since thatrime, we have leased foe coifoe shqp/restaurant area to Caribou Coffee and they win bnopening early foil. We are do^ extensive updating including sprinkler system, new windows and doors thiouijhoiit, new exterior siding, stonework, and much more. This beautiftil building will leaOy updytpthe coraeral Navarre. Because we are cbMgmg this building from residential to commercial, we are designating the north side to be our **utilit/* aide. The new A/C units, gas meter and dumpster Mcbaure suBidl he located onfras side. Wehavejemoved.allfrie windows at sheet levethecause of this. The plan that was previously approved allowed for a door on the lower level, north side. We are sinq>ly asking for this door to be moved to the upper Thank You level instead. Ihe proposed staircase would be profecting no further out than the new A/C units or thp iloqp friat waaintendedfor.frK Jouw.levdilocr. Weintend to beautify tins aide of thebuikliag by using bushes, fbwen and trees to direct your line of sight away from the utilities. The dumpster enclosure will be directly in front of the staircase so it will hardy be vi The floor plan for Caribou does not allow Ah’ my excess room for an indoor stairway. The AD A requhements fin* handicq) restrooms retfuire us to take almost a quarter of the interior jqmoejuatAr jBBBtioonAliiislnitaaifcanaeauajiLhardship. We have abeady reduced our side yard setback by removing a sh^ and a three season porch. The old side yard setback was IS’before we removed the shed and porch. r •,:' Vi*' . . ticiiiiciiuiiiiiuii T«. •tvtn.fM Ml •tam.ttn • • • :. . .•• •»: . i: ■V -^V :^S--y - • • ' < • • • .* . . . • a?wgff" ♦ C2«.3P«-f ?\NORTW ELEVATION @ iM»* r r# ■'f L V iUAIilMD lim * lOOO ) VOMK MKV \gmm lOMMf IMWIOSf VMKMimC MOliWISMNI CMOU »ril^ W WMUJOBf VMMfff. MtVMfMMMDDMUCNMOm NWMDW VMM10 ViOTWiiy QM( SSSMRtiiSSSfoSrai^ onamaNMi.NDOCMNC»NsicBD |MMM«imi.AMOMMM«NWQVD mt jmmmmAMtomt t^rx i*<i* ■ 4tfttauMt at MNMMKMM; «4rx 1 rir - F SHS?- rn Date Appllcatioii Received: 6-22-OS Date AppIkatiOB CoaeMered as Complete: 7-12-OS 60-Day Review Period Eipires: 9-lO-OS M 25 2005 CITY OF OHO/VO REQUEST FOR COUNCIL ACTION Date: July 21,2005 Item No.: ^ Department Approval:Administrator Approval: Name: Janice Gundlach^ Title: City Planner Agenda Section: Zoning Item Dcacription: 005-3 127, James & Margaret Kelly, 4445 North Shore Drive, Variances - Resolution Zoning District: Lot Area: Lot Width: LR - IB, One Family Lakeshoie Residential District (1 acre min.) 0.50 acres (22,185 s.f.) 77 ’ @ shoreline; 79 ’ @ 75’ setback (140’ required) LUt of Exhibits A - Resolution per Planning Commission Reconunendation B - PC Action Notice 7-19-05 C - PC Memo and Exhibits of 7-14-05 A/^fttcatioH Summary: Applicant requests the following variances in order to construct a new residence on an existing lot: 1. Lot area variance to permit construction of a new residence on a lot 0.50 acres in area v^iere 1.0 acres is normally required. 2. Lot width variance to permit construction of a new residence on a lot 77 ’ in width at the shoreline and 79 ’ in >vidth at the 75’ setback when 140’ is normally required. (Administrative approval of these variances can only be granted when 80% of the district requirements are met, meaning 0.80 acres in area and 112 ’ in width) Planning Commission Recommendation The Planning Conunission voted 7-0 on the consent agenda to approve the requested variances with the stipulation that the City Engineer iqiprove the final grading plan. Staff Recommendation Approval per the attached Resolution. COUNCIL ACTION REQUESTED Adopt the attached Resolution granting a lot area and lot width variance for 4445 North Shore Drive. ‘ I A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-330 (B) FILE NO. 05-3127 WHEREAS, James A. Kelly and Margaret B. Kelly, husband and wife (hereinafter “the iqiplicants**) arc the owners of the property located at 4445 North Shore Drive within the City of Orono (hereinafter the “City”) and leg&Iiy described as follows: Lot 3, Bergquist’s Addition to Saga Hill, Hennepin County, Minnesota (hereinafter the “property”); and WHEREAS, the iq>plicants have made application to the City of Orono for lot area and lot width variances per Orono Municipal Zoning Code Section 78-330 (B) to permit construction of a new residence on an existing lot 0.50 acres in area where 1.0 acre is normally required and IT in width at the shoreline and 79 ’ in width at the 75 ’ setback where 140’ is normally required. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 05-3127. 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 feet. 3.The Planning Conunission reviewed this application at a public hearing held on July 18, 2005 and reconunended approval of the lot area and lot width variances based on the following findings: a. The lot is a legal lot of record and was created prior to adoption of the current minimum lot area and width requirements of the LR - IB zoning district. Page 1 of 5 5. b. The former residence existed on the substandard area and width lot since prior to I960. c. The lot is provided with City sewer. d. All other Zoning Ordinance requirements with respect to setbacks, hardcover, lot coverage by structures, and building height are met. e. No additional adjacent land is available for acquisition by the applicants, and doing so would make the adjacent properties more substandard than already exists. 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 varianc es on the health, safety and welfare of the community. The City Council finds that the conditions existing on this property are peculiat 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 (xeserve 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 lot area and lot width variances per Orono Municipal Zoning Code Section 78< 330 (B) to permit construction of a new residence on an existing lot O.SO acres in area where 1.0 acre is normally required and 77’ in width at the shoreline and 79’ in width at the 7S’ setback where 140 ’ is normally required, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Ctmunission and City Council review. Page 2 of S I 2. Proposed hardcover for the 0-75’, 7S’-2S0’, and 2S0'-500’ zones shall remain conforming at 0%, 25%, and 30% respectively. Applicant is advised that any requests to increase hardcover beyond the allowable limits established in City Code Section 78-1288 shall require City approval, and will not likely be approved. 3. Applicant is hereby advised that all decorative landscape beds on the property shall not be lined with plastic or fabric liner material to ensure their permeability as non-hardcover surfaces. 4. City Engineer approval of the final grading plan will be required prior to issuance of a building permit. S. 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 (July 25,2006). 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 iqiplicants 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. Adrqited by the Orono City Council on the 25**' day of July, 2005. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner(s) Page 3 of5 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregping instrument was acknowledged before me on this _day of , 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 forcing instrument was acknowledged before me on this _ day of _, 2005 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota mumcipal coiporation and said instrument was executed on behalf of the City. Notary Public >I Page 4 of5 IV varV* Mn . ■..I ti STATE OF MINNESOTA COUNTY OF HENNEPIN This instniment was acknowledged before me this__day of by James A. Kelly, husband of Margaret B. Kelly, husband and wife. ,2005 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this__day of by Margaret B. Kelly, wife of James A. Kelly, husband and wife. ,2005 Notary Public Page 5 of S CERTIFICATE OF SURVEY FOR I JAMES & MARGARET KELLY OF LOT 3. BERGQUISTS ADDITION TO SAGA HILL HENNEPIN COUNTY, MINNESOTA 0-75 FOOT ZONE - 5810+- SF. 75-250 FOOT ZONE - 14690^ SF. > 250 FOOT ZONE - 1600^ SjF. TOTAL - 221804- SJF. RrcpoMd ttevotionB 2 Top of foundotion-CMU) 3 BoMmontp* (UiJt) LEGAL OESCRFTION OF PREMSES: Lot 3, Bergquist* s Addition to Sago HI This survey shows the bouhdories of the above described property, and the proposed location of a proposed house thereon. It does not purport to show any other improvements or encroachments. o e (MM) Iron marker set Iron marker found existing spot elevotion propped spot elevotion existing contour ine __ proposed contour line Bearings shown are bosed upon an <»sixned datum 9 L n niiiiiltiiMii CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Cryttal Bay, MN 55323 (952) 249-4600 ZONING FILE: 05-3127 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: July 19.2005 TO: James & Margaret Kelly COPIES: 5240 Nolan Drive Minnetonka. MN 55343 TYPE OF APPLICATION:Lot Area/Width Variances DATE OF MEETING: July 18.2005 Plaaalag Commlulon recommended as follows: To approve the request in accordance with the staff recommendation previously mailed to you. VOTE:FOR AGAINST Applicant’s next meeting is tentatively scheduled for: City Connell - Monday, July 25,2005 pending submittal of a revised grading plan attempting to meet the City Engineer recommendations; meeting starts at 7:00 p.m. If you desire certified copies of the ofBcial Planning Commission or Council minutes, fii^ are available fiom ^e City Recorder after review and a{^roval by the Planning Commisaion or Council. If you have questions, please call City Planner Janice Gundlach at 952-249-4623. :-smm .:v. T. V > <r»' ■ » WS^I27 July 18.2005 Page I of 4 Date Applkatioa Received: 6>22«0S Date Application ConaMcred aa Complete: 7>l2-05 60-Day Review Period Eapirea: 9-10-05 To:Chair Rahn and Planning Commission Members Ron Moorse, City Administrator From: Date: Subject: Janice Gundlach, City Planner July 14.2005 05-3127, James & Margaret Kelly, 4445 North Shore Drive, Lot Area/Width Variances, Public Hearing Zoning District: Lot Area: Lot Width: LR - IB, One Family Lakeshore Residential District (1 acre min.) 0.50 acres (22,185 s.f.) 77* @ shoreline; 79* @ 75* setback (140* required) AppUemttoH Sumnnuy: Applicant requests the following variances in order to construct a new residence on an existing lot: 1. Lot area variance to permit construction of a new residence on a lot 0.50 acres in area vdiere 1.0 acres is normally required. 2. Lot width variance to permit construction of a new residence on a lot 77* in width at the shoreline and 79* in width at the 75* setback when 140* is normally required. (administrative approval of these variances can only be granted when 80% of the district requirements are met, meaning 0.80 acres in area and 112* in width)_______________ S/tiff Recommendation: Staff recommends approval of the plans as submitted stipulating submittal of a revised grading plan incorporating the City Engineer recommendations and confirmation that the comer of the lakeside deck is behind the average lakeshore setback prior to review by the City Council.____________________ Pcrtiaciit Zoning Ordinance Sections Sec. 78-330. Area, height, lot width and yard requirements. (b) Lots. The following minimum requirements shall be observed: Lot Aroo (oert)UtWMHi (fiMt)From Yard (feet)Side Yard Adjacent to Another Lot(f et) Rear Yard (feet)Side Yard Adjacent lo Street (feet) 1 140 33 10 30 35 (Code 1984, § 10.24(5)) List of Exhibits Exhibit A - Applications Exhibit B - Hardship Documentation Form Exhibit C - Proposed Survey Exhibit D - Hardcover Calculation WoiKsheets Exhibit E - Proposed Elevations Ld^*' n«'' WS-3127 July I8,200S Page 2 of4 Exhibit F - Proposed Floor Plans Exhibit G - City Engineer Comments Exhibit H - Aerial Photograph Exhibit I - Adjacent Property Owner’s Acknowledgement Form Exhibit J - Property Owners List Exhibit K - Plat Map BackgroumI The applicants have met with stafT several times to discuss construction of a new residence on an existing vacant lot. StafT has instructed the applicant to pursue a proposal not requiring any additional variances other than area and width, which the applicants have done. This property contained a residence until March of 2001 when a demolition permit was issued and the house was tom down by the prior owner. LOT ANALYSIS WORKSHEET Lot Arca/Wldth LR-IB Lot Area Lot Width Requited 43,560s.f. (1.0acres)140’ Actual 22,185 s.f. (0.50 acres)77’ @ shoreline; 79’m 75’ setback Setbaeka (the lot is currently vacant - no existing setbacks to report) LR-IB Required Proposed Front N/A N/A Rear 30’30’ Left Side (south)10’10.5’ Right Side (north)10’10’ Lakeshote 75’164 ’ Average Lakeshote ±160 C imer of lakeside deck must be confirmed to not encroach f • ^ «K>5-3I27 July 18,2005 Page 3 of 4 Structural Covcrazc Total Lot Area Total Structural Coverage 22,185 s.f. (0.50 acres)Allowed: 3,328 s.f. (15%) Proposed: 2,745 s.f. (12.4%) Hardcover CakulatioBs (no existing hardcover to report) Hardcover Total Area in Allowed Proposed Zone Zone Hardcover Hardcover 0-75 5,810 s.f.0s.f (0%) Os.f. (%) 75 - 250 14,69 s.f 3,674 s.f. (25%) 3,581 s.f. (24.4%) 250 - 500 1,680 s.f.504 s.f. (30%) 133 s.f. (7.9%) * After exclusion of fabric or plastic-lined landscape beds Lot Arca/WMth Variances The applicants have purchased a vacant lakeshore lot 22,185 s.f. in area or 0.50 acres and wish to construct a new residence. The LR - 1B zoning district in which the property is located within requires a 1 acre minimum, requiring a lot area variance. This property also contains 77’ of width at the shoreline and 79’ of width at the 75’ setback when the 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. Hardship Statement Applicant has provided a brief hardship statement in Exhibit B, and should be asked for additional testimony regarding the application. Hardship Analysis /« comMeHttg appUarthm for vortmnee, the PUmolog Commiuion shall eonsUer the effect of the propoud varimHce upon the health, egfely and welfare of the commaalty, existlag and anticipated »hffle coadhloms, light and air, danger efflre, risk to the public safety, and the effect on values of property In the surrounding area. The Planning Conunisalon shall consider recommending approval for variances from the literal provisions of the Zoning Code In Instances where their strict enforcement would cause undue hardsh^ because of circumstances unlgue to the Individual properly under consideration, and shall recommend approval only when It is demonstrated that such actions will be h» keeping with the spirit and Intent of the Orono Zoning Code. Staff ftnds a hardship 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 existed on the substandard area and width lot since prior to 1960 and the lot was legally created in accordance with the platting process. The proposal for the house meets all Zoning Ordinance requirements with respect to setbacks, lot coverage, liardcover, and building height. The lot is sewered. Staff would recommend approval of the lot area and lot width variance as M5-3I27 July 18,2005 Page 4 of4 the lot is a legal lot of record, has stood on its own since prior to 1960, and the current applicants are not able to acquire additional land to become conforming without making the adjacent neighbors more non-conforming. Issues for Consideration 1. Are there any other issues or concerns with this application? Staff Rcconniciidation Staff recommends approval of the plans as submitted stipulating submittal of a revised grading plan incorporating the City Engineer reconunendations and confirmation that the comer of the lakeside deck is behind the average lakeshore setback prior to review by the City Council. ■■■ ■' i.-m ■ I w*’■ : • •■ ■ ■• t1•/ ' ' ' ■■ 0' V- '■ O ' ’ ■ ■ ’• ■ . • *' • • •• , ; , ■■ ’ . r i I.City of Orono Variance Application street Address: 2750 Kelley Parkway Orono. MN 55356 Main: 952-24M600 fax: 952-249-4616 Mailing Address: . P.O. Box 66 Crystal Bay, MN 55322-0066 Application #c)5-iin Date Received: U/a/O'^bo.Amount Paid: Jbbo.^^ Staff: Fee $600 Renewal: $300 After-the-fact: $1,200 Double Fee This application form must be completed in full. App'icant 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: . n. v Site Address: ____________________________ Property Identification Number (PIN):____________________________________________ i, I UWI1 uie du VilliMT luf (Attach legal description to application if not included on the survey.) Date Property Acquired (month/year): f)1mS □ Yes, I own, thq adjacent parcels. Present use of property: □ Residential BJ’^er_Sh Zoning District: UL^r APPLICANT,INFORMATION: (Complete legal n^es and marital status r^ulred for each interested party) Name: __KCAUA " - • * Phone (home; Address: Email:VfttlWVlrXSI &T!H A YYkaiA^ b kn^ Ohone (work);ihone(work); WVwvVif Fax: ) OWNER INFORMATION: (Complete legal names a.*id marital status required for each Interested party) Name: A . kr lL^ I ^4'^ ' 04An Phdhe Work): ((Vih ) W1X ' <Phone (home): Address: Kin 1a n IKAiMi Email: JYe\itt Mm .V«/)ii7i (work): (■ 4^2.^ MiKiMf’hvi/'A-1 Mm __________ Fax: DESCRIPTION OF REQUEST: Estimated Project Cost: $ 5fto, c to- C>{: Describe the request in detail (attach additional sheets if necessary): __ hiiiM a nt\A) on Vl hC: II I > ^ Tc r lu'iet ■\Me, y^urJir t / O \ ■e i ♦ M ) application deadline date in orator vol JoWn'6 'iJK or your REQUIRED SUBMITTALS: _ All of the following information must be submitted by the application deadline date application to be processed. ‘ ‘ Pre-Application Meeting Form, completed by a City Planner. d Lt) Completed Application Form r-r'ilS'T^ .'/P-,. 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 Ho nnop in Cou n ty -Bep artme n t e f'-Fiognee,Cou n tyj^ep artme n t e f'-fiioai Government Center. A-60^ 300 South 6*** Street. Minneapolis, teleph<5nij512-348-5910 1 - - - - - - orV meetind'^IUthe-reamfemi □□ □□ Original Certificate of Survey (signed by a licensed surveyor), meeting'll!-the-requirements listed within this packet. Including hardcover calculations. Also provide one copy 8.5" x 11* or 11" X17" for reproduction. Completed hardcover calculation worksheets (as provided within the variance packet). Topographic survey - Including existing and proposed elevations. Provide one copy 8.5" x 11" or 11" X17" for reproduction. Sketches or plans of floor and elevation views (provide one copy 8.5" x 11" or 11" x 17"). Addltir^nt^s n^y b^re^ire^^ scope of the project. * APPLICANT ’S ACKNOWLEDGEMENT: The applicant hereby agrees to provide all Information required or requested by the Planning Department, agrees to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application and certifies that the information supplied is true and correct to the best of his/her knowledge. The applicant recognizes that he/she is solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request rega^less of its potential merit Applicant's Signature: /L Applicant ’s Signature: Date:iimsmsoitil Date: OWNER’S ACKNOWLEDGEMENT: The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by Clt>' Staff, consultants, agents. Commission & Council Members for purposes of investigation and verification of this request. Owner ’s Signature: Owner ’s Signature: Date: Date: Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are normally held on the third Monday of each month. Applicants must be present at ail scheduled review meetings of the Planning Commission and Council, if an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant and advise the City Planner assigned to your project. i .•;} 4 i jp > -i 'ji « j 4- oo i ^t • M. [• Ok O City of Orono Pre-Application Meeting Form (This form is to be completed by a City Planner during your pre-application meeting/) Street Address: 2750 KeRey Parkway Orono, MN 55356 Mailing Address: P.O. Box 66 Crystal Bay. MN 55323-0066 For Office Use Only: City Planner: Meeting Date/Time: ' fyf '^ f PC Date: Ju/y P(^ Main: 952-249-4600 Fax: 952-249-4616 Wmi is the purpose of a pre-sppUcaiion meeting? 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: 1/ l/q fjQv ty\ DV Property Identification Number (PIN):_________ Zoning District; L^iB> Size of Property: ^ DESCRIPTION OF REQUEST: □ Average Setback □ Side Yard Setback □ Hardcover □ Lot Coverage □ Other: wl Widt ____ . , Wl f' COn-^rm □ Rear Yard Setback .ot Area inA'f' c*' □ Front Yard Setback rytu Applicant's Initials: HARDSHIP: Applicant has received the Hardship Documentation Form, understands it as it has been explained to them, and is aware that it must be completed and submitted in conjunction with their formal variance application. OTHER INFORMATION: *Pleaae note: Your variance application will NOT be accepted without a pre-application meeting during which this form will be completed by City staff. Applicant Signature:Date; 7tiC» 1 r-: i 4 » » Page I of 3 HARDSHIP DOCUMENTATION FORM This form is a required submittal for ALL variance appiications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statue Section 394.27, Subdivision 7 requires that a hardship be demonstrated in order for a variance to be granted. The hardship must be unique to the property as variances run with the iand and not the land owner. Personal and economic situations are not considered valid hardships. In order for an application to be heard by the Planning Commission and City Council a hardship having merit must be demonstrated. HOW DO I PROVE A HARDSHIP? This form has 12 points outlining the basis City staff uses to determine if a hardship exists and how the variance wilt 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 la Justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of these hardship criteria as they relate to the request (some may not apply): 1."The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. V / / . // Ol^C Got-. Ict\. -Qj i'Ojciy'fCK Qyjr A'"*A n t. S V 2."The plight of the landowner is due to circumstances unique to his property not created by the landowner." "The variarice, if granted, wOl not a ter the essential character of the lorality." l/vk-AvO •<<-» QC t o U r hH. 4. "Economic considerations atone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." X I r r I • 5; 5. 7. 6. 9. •. » ( ^ Page 2 of 3 *Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter.” "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person's land is located.” The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.” ”The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” The conditions do not apply generally to other land or structures in the district in which said land is located.” 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” 11. ”The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code.' #31 i .11 i i j %I . • / . »j ___Ml. ■% i V 1 11 ■ I . Page 3 of 3 12.”The granting of such variance wiil ru>t merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty." Hardship Statement Should you feel the hardship cannot fuily 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): |.i i j_ , •yug. fkuac il httilA a h/fuAfi 4hrA r}iu.k 4-iti ML— iVviI R .JV\iiP/lfiiy/'e^^ PtiuuA tuAtw h , (Wirvit lifmc ' f^tri , hyY»/}/.iCi JUi jr ^ ^ n^ln. Utyi irJ ~It buiJ/i jui: fJiAn -\i dFf>UpLj -ih^ l&i: . ullniJ ^ |ny\ftc/»AyO£. Ifct in X-ht*-. I Ate Q.n/i \V[(‘/LLa CL -14u \Z'/tiuj>^ •Hit K\j f •;-V vv i i- c¥v‘.:iE:K:^;aS!®SWSSS3SM1 'y - ■ A U -'^ ■■■ ■> « k V 2 I 4 ----- CERTIFICATE OF SURVEY FOR JAMES & MARGARET KELLY OF LOT 3. BERGQUISTS ADDITION TO SAGA HILL HENNEPIN COUNTY, MINNESOTA 0-73 FOOT ZONE 75-250 FOOT ZONE > 250 FOOT ZONE TOTAL - 5610*F 14690H- SF. 22180F- SF. PropcMttd riivottoni ag9*(f4«j0) ' femdotion«(948J) (t3M) LEGAL DESCRPTKX CDF PREMISES: Lot 3, Bergquist* s Addition to Sogo Nil This survey shows the boundaries of the above described property, and the proposed locotion of a proposed house thereoa II does not purport to show ony other improvementa or encroachments. Iron marker set Iron marker found existing spot elevation propoMd spot elevation existing contour line propose contour line Bearings shown are bosed upon an ossumed datum o (Kfi4) BEBBI i M J 1 6. Retainina X - Walls H. Other X mm HAR SETBACK ZONE: (CIRCLE ONE) EXISTING HARDCOVER IN ZONE A. House^l. ER CALCULATION WORKSHEET 75-250' 250-500' 500-1000' Length Width S.F. X X S.F. S.F. B. Garage C. Driveway S.F. X X 0. Sidewalk X X E PatkVDeck X X «s 8S F. Landscape Underlain By Plastic X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AB^IN ZONE ♦ B 5f>IO x100 = PROPOSED HARDCOVER IN ZONE A. House ________ Length Width X X s s B. Garage C. Driveway X X C S D. Sidewalk X X s 8 E Patio/Deck X X F. Landscape Underlain ByPlasdc y O. Retaining WaRs X X X HOlher ! ^ •.'■i TOTAL HARDCOVER IN ZONE TOTAL TOOPERTY AF|^ IN ZONE S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. __S.F. A B % S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. C\ S.F. S.F. S.F. S.F. S.F.Cv JS.F. % _S.F. I '• •. i 'l ♦ B __ I r i 5&R xioo S.F. A B -V J ,M I V •. . ^ •.w. V ) u X SETBACK KWB: (CIRCUtONS) KiBL EAS^YER a-75*soo-ieoo* 'OKI- A. Bimt Lmttk nu* or X X B. Garaf C. ZMvmxy X X D. SUewaOc X X B. MoffHdf X X F. iMdseept UXAtrtabt ByPtatBe Or Fabric X X X a. OAtr V0\v:'WrALHABDCOVERJN total FBomrrABBA mxom A '■ . ♦ T xIOO JSAK it. Bem9 X X X B. Gantt a IMnwat X X Cti>> o.X X B, FoAo/Duk X X F. Lmdtcapt OUWWf BrFkaAc Or Fabric X X X 0 iJ-h total UAMDOCfVSBDI total FBOFmjffAmwm A /# 4 / ^ B jtioo e.•S.F. S.F. M S.F.I a S.F.1 m •S.F.1 S.F.1 m ••S.F. S.F.i • ! jm•5,F. • S.F. i i i m S.F. S.F.! tm S.F.! m SJf.. i i • S.F. il ^ 4 • • •S.F. •A ^ 1 * iS.F. 9 9 % S.F. i • ' TF# • * (te a 10 loW& (4'» / • *' SV-: (’ • 1 1 SJ'. %<m> u« 5.7^. n S.F. ’ r-. . 1 • V'“ ' m 'S.F.■ ;'. • ._ J f s:f./T.' : i ;■ ‘ 1 a.\l.*F.V . i m : m h S.F. M A • m* XArCf^^ S.F.M> ai % IT I SETBACK ZONE: fC BASl ur t, VBRCAWOIATiONWO. 75-isrtf-75* ♦ 4<J r •'.» 0>:u■/ •'.# ■ JT jr jr B. OaragB C. DHwmv X X D.X X M. PtBo/Dadt X X X 'X X OrFetric a. OUttr JQTALBAKDCOVmmZDNE - TOfALnomarrAMBAmxom A ____________ + * -xiOO iL Jtaif jr X X B. Ganv C Drhm X X D.X X & MalDtdk X X F. Or Fabric X X X a OAtr 500-li SJ^. TOKiiBiUtDcmaatntEOMK TOTAL nOFKKirAMEA ntBONB lU^O Xiao SJf. SJ'. 5LF. £F. S.F. S.F. S^. SJf. S.F. SJ. 5LF. JLF. £F. S.F. S.F. ■ A S.F. % B S.F. S.F. SIF. SLF.? SJf.milF. J.F. S.F. S.F. fu « S.F.>>- f'*V" ^ S.F, SJF. % SJ^. S.F. A “T t • • • •• ♦ «i • • • u r ? ^oe. e.t-ev.<Tl<5.^J .i C U.i7 i=)B <ft../ ^ ^ ^ ^• ';': i CtO’Vit '*~v '■’■*'' \ IV2 ■« ■1; 1 ;. ft cj ii ■f^Mr^ii I 1 /' •1'-—.. (■! C - '". t __ r«* i • K.. r r^NT.-rr*: V *•’6 ( " ^ r.*. (. ' f. - it A f ■ / •S \. ( r 0PSsi i i :•«;*i s Jul 13 2005 20t42 BONE8TROO ROSENE RNOERLIK 6516381311 Bonestroo Rosene Anderll(& Associates 2335 West Highway 36 • St Paul. MN 55113 orrice: 6Sh636*4600 • Fax: 65t*636-t3tl wwwi)onestrDo.coin Inglnurt 6 ArcMtacts July 13,2005 Ms. Janice Gundlach Planner CityofOrooo Post Office Box 66 C ystal Bay, MN 55323 If.: ' ■ 2i‘ Re: 4445 North Shore Drive FUe No. 000139-050004) Plat No. 05-3127 Dear Janice: We have reviewed the survey dated 7-12-05 for die prcq^osed improv nnents to 4445 North Shore Drive. The site improvements include the construction of a new 1 have the following comments with regards to engineering matters: !(• •• P- 1 •• . • • and associated grading. We »f the home raise concoms. It• The proposed grading shown adjacent to both lake side comers appears the proposed walls at these locations should be reconfiiured so that storm water will be contai ned on site and directed towards the lake and not onU > the neighboring properties. • Theplansshowexistingretainingwallainthecountyright-of-vay.HennepmCountyshould be consulted to review whether these walls were permitted. • The proposed driveway grades are shown at about 16%. The pli ms should be revised so that the drivow^ grades do not exceed 10%. • The plans should be revised to include aiqiropriate erosion and sediment control measures. If you have any questions please call me at (651) 604-4863, Yours very truly. BONESTROO, ROSENE, ANDERUK A ASSOCIATES, INC. Tom Kellogg Cc: OregGappa,CityofOrono St, Paul, St, Cloud. Rochester. MN • Milwaukee. Wl • ArflroMttwv ActtavytRMl OppirtyRlty mi# Employ « Owm4 • • • » ’ *» Chicago, fL i , 4 • • 4 * i i i. V- >1 • V t ' P r • rjfirfc, m -•V■» -sJ,Jy*Jal ^■•‘V'.SI ^ ^ i:^s :>< •>. • y' , •» • ^_i^'.' ft? f ij, ; IS • mm ■ ',,4. ; ■ \ '•. »> 4IEIiRiSmj ‘\'^..H 3%--^ •t V' S>' ■’m^u >'* V y y*"- X ,i ijfeL.-'t-. ■; - 4'W: !52;#v^»' Kv ' ’ >‘.'■'1 '’^.“ V ieir » ADJACENT PROPERTY OWNERS* ACKNOWLEDGEMENT FORM I fwe^ [print name(s)] w [print address] hiiw reviewe^he plans for the proposed improvement or proposed use of the property located at AwS kjftFrnOlBtf*, also referred to as Land Use Application No.________. I (we) understand that in executing this acknowledgement. I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the Improvement plans and that the proposed neighbor's project or use requires Council approval. 6 • O) • OS Property Owner Date Property Owner Date •************«**MMi«M*i I (we)1.1 I of n\ ■ Ifhinsf IV. [print name(s)] [print address] li proposed improvement or proposed use of the property located at /TTP NllgniSMJgP^ also referred to as Land Use Application No.________. I (wo) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (^) am (are) aware of the Improvement plans and that the proposed neighbor's project or use reAiires Council approval. Owner Date - Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 davs prior to the scheduled meeting date. ' ; . l i-i 1 , te ir i 1 V-' •• % RUNDATk:VIMaOS M 07II7233I(mMI nUN»AOM 4443 NORTH SHORE Dft OWNER NAME OAYLE ERNEST WnTT) TAXrAYER OAYU E WITTIO NAME/AOOR POBOX69 OARRISONMN 36430 31 0711723310004 PROTADOR 4413 NORTHSHOREDR OWNERNAME JOHN D * DEBRA M KNOOEL TAXPAYER JOHN DR DEBRA MKNODEL NAME/AODR 4413 NORTH SHORE DR MOUND MN 33364 PROPADPR OWNERNAME TAXPAYER N/.MB/AOOR 31 0711723310041 31 ADDRESS UNASSIONED HENNEPIN PORPBITED LAND HENNEPIN COUNTY RIOHr OP WAY DIVISION I60j PRAIRIE DRIVE MEDINA MN 33340 PROPAl 31 0711723340004 I 4433 NORTHSHOREDR OWNERNAME OOROON WLUNDMAN TAXPAYER OORDON W LUNDMAN NAME/ADOR 4433 NORTH SHORE OR MOUNDMN 33364 4^ V % HENNEP.»N COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 07I!7233I0002 PROPAOOR 4433 NORTHSHOREDR OWNER NAME CREOC D KLOHNnERESA S KLOHN TAXPAYER CRKXI DR TERESA SKIOHN NAMWAODR 4433 NORTH SHORE OR MOUNDMN 33364 38 0711723310003 PROP ADDR 4465 NORTH SHORE DR OWNERNAME JLTHEISENJRETALTRSTEES TAXPAYER BARBARA A/JOHN L THEISEN JR NAME/ADDR 4463 NORTH SHORE DR MOUNDMN SS364 38 071:723310013 PROPADOR 4441 NORTHSHOREDR OWNERNAME MURIELGSENN TAXPAYER MURIEL O SENN NAMWAODR 4448 NORTH SHORE DR MOL'NDMN 33364 38 0711723310039 PROP ADDR 4460 NORTH SHORE OR OWNERNAME SUNHI DEBORAH RYAN TAXPAYER SUNHI DEBORAH RYAN NAME/ADDR 4460 NORTH SHORE DR MOUNDMN 33364 38 0VII723340002 PROP ADDR 38 ADDRESS UNASSIGNED OWNERNAME HENNEPIN COUNTY TAXPAYER HENNEPIN COUrTtV HVME/ADOR RIGHT OF WAY DIVISION 1600 PRAIRIE DRIVE MEDINA MN 33340 38 0711723340003 PROPADOR 4423 NORTHSHOREDR OWNERNAME DAVIDJ DICKEY ET AL TAXPAYER DAVID J DICKEY NAME/ADDR 4423 NORTH SHORE OR MOUNDMN 33364 1 CERTIFY THATTHE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS TT APPEARS THIS DAVE QN THE RECORDS OF THE HEM4EPIN COirWTY TAXPAYER SER/ICESTIEPARTMENITIO Ute BEST C»^MY KNOWLEDGE AND BELIEF. PACE: I r». I Hennepin County Taxpayer Services Department 44' O i!;•! ID 071172331 Noum Numb«k'444S 0tr««t Hmmm NORTH SHORE DR ' TNalBnetal9g»lfyf90onl»dmtp. IlnptBSBnttacompiMonoUnfonnation andcMB^vmOty, Covnfy, andStatvroadauthorniMandotharaounMs. Date ApplicatioB Received: 6-22^ Date Applicatioii Considered as Complete: 6-22-OS dO-Day Review Period Eipires: 8-21-05 COMMr'ii sscirriN'3 JUL 2 5 20Cb CITY OF ORONO REQUEST FOR COUNCIL ACTION Date: July 21,2005 Item No.: Dcpartaieiit Approval: Name: Janice Gundlach)^ Administrator Approval:Agenda Section: Zoning Title: City Planner Item Description: #05-3132, Peter Eskuche on behalf of Brad & Cheryl Jones, 2545 North Shore Drive, Variance, Conditional Use Permit, Resolution Zoning District: Lot Area: Diy Acreage: Lot Width: LR - 1 A, One Family Lakeshore Residential District (2 acre min.) 1.5 acres (66,626 s.f.) 0.92 acres (40,1626 s.f) 141.5* @ shoreline; 148’ @ 75’ setback (200’ required - administrative approval exercised in this instance as the lot is sewered and contains at least 100’ per Zoning Code amendment adopted in 5-04, Ordinance No. 9) List of Exhibits A - Resolution per Planning Commission Recommendation B - PC Action Notice dated 7-19-05 C - Revised Grading Plan Incorporating the 7-12-05 City Engineer Recommendations D - Additional Materials Distributed at the PC Meeting E - Additional Adjacent Property Owner’s Acknowledgement Form F - PC Memo and Exhibits of 7-14-05 Application Summary: Applicant requests the following in order to construct a new residence on an existing lot: 1. Lot area variance to permit construction of a new residence on an existing lot 1.5 acres in total area with 0.92 acres considered dry buildable, where 2.0 acres is normally required. 2. Conditional use permit to allow 900 cubic yards of fill outside the 75’ setback when 500 cubic yards or less is permitted without conditional use approval. PlMRing CommissioB Recommendation The Planning Commission voted 7-0 to approve the lot area and conditional use permit request in accordance with the revised grading plan, attached as Exhibit C, and also stipulating that the amount of trucks unloading fill be monitored by someone on-sitc to ensure compliance with the approved grading plan. Staff RccommeMlation Approval per the attached Resolution. i COUNCIL ACTION REQUESTED Adopt the attached Resolution granting a lot area variance and conditional use permit for fill in excess of 500 cubic yards for property located at 2545 North Shore Drive. • >. :: ‘ ■ ■! ‘ ■■ ■ ■*. ' *‘ *^ ■ '* ^ ‘.V, i P . T ; pil l ~ •* \‘V jp#' y ‘ f. m * . i- PjL' \ - y wm ■-- -.'. . 'v - '» J A RESOLUTION GRANTING A LOT AREA VARIANCE AND CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTIONS 78-30S (B), 78-967 (B) (2), AND SECTION 78-1286 (D) (2) FILE NO. 05-3132 WHEREAS, Bradley M. Jones and Cheryl A. Jones, husband and wife (hereinafter **the applicants**) are the owners of the property located at 2545 North Shore Drive within the City of Orono (hereinafter the “City**) and legally described as follows: See attached Exhibit A (hereinafter the “property ’*); and WHEREAS, the applicants have made application to the City of Orono for a lot area variance and a conditional use permit for ftll in excess of 500 cubic yards per Orono Municipal Zoning Code Sections 78-305 (B), 78-967 (B) (2), 78-1286 (D) (2) to allow construction of a new residence on an existing lot 1.5 acres in tota' area with 0.92 acres considered dry buildable where 2.0 acres is normally requireo, and to incorporate approximately 900 cubic yards of fill into the street side of the property, but not impacting the wetland or 26* required setback. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. 2. This application was reviewed as Zoning File 05-3132. The property is located in the LR - lA, Zoning District which requires a minimum lot area of 2.0 dry acres and a minimum lot width of200 feet. 3.The Planning Commission reviewed this application at a public hearing held on July 18,2005 and recommended approval of the lot area variance and conditional use permit based on the following flndings: Page I of 6 Amm 4. L'/a f ■ a. The lot is a legal lot of record created prior to adoption of the current Zoning Ordinance minimum area and width lot requirements. b. The former residence existed on the substandard area lot since prior to 1960. c. The proposed residence meets all other Zoning Ordinance requirements with respect to setbacks, lot coverage by structures, ha^cover, and building height. d. The lot is provided with City sewer. e. The applicants are not able to acquire additional dry upland acreage to meet minimum lot area requirements without making an adjacent property more substandard than currently exists. f T1.C request for fill in excess of 500 cubic yards will not impact the Property as viewed from the lake. g. The elevation v^ch the fill is ultimately achieving already exists at the southeastern comer of the Property. h. Without incorporation of fill on the street side of the Property, any attached garage would be set at a lower elevation than the main level of a home, requiring steps to the main level of the home; due to the reverse walk-out topographic configuration of the Property, as it exists today. i. Neither the wetland body nor its required 26 ’ setback will be impacted by the proposed fill. j. Neither the shared driveway nor the adjacent prop^;riies will be negatively impacted by the proposed fill. 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 Page 2 of 6 variance and conditional use permit on the health, safely 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 and conditional use permit would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the ^ning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a lot area variance and a conditional use permit for fill in excess of 500 cubic yards per Orono Municipal Zoning Code Sections 78-305 (B), 78-967 (B) (2), 78-1286 (D) (2) to allow construction of a new residence on an existing lot 1.5 acres in total area with 0.92 acres considered dry buildable where 2.0 acres is normally required, and to incorporate approximately 900 cubic yards of fill into the street side of the property, but not impacting the wetland or 26’ required setback, subject to the following conditions: 1. Council approval is based on the site plan and grading plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit B. Any amendments to the site plan which are not in conformity with City codes will require further Platming Commission and City Council review. 2. Proposed hardcover for the 0-75 ’, 75 -250’, and 250’-500 ’ zones shall remain conforming at 0%, 25%, and 30% respectively. Applicant is advised that any requests to increase hardcover beyond the allowable limits established i City Code Section 78-1288 shall require City approval, and will not likely be a,;proved. 3. Applicant is hereby advised that all decorative landscape beds on the property shall not be lined with plastic or fabric liner material to ensure their penneability as non-hardcover surfaces. Page 3 of 6 A' lL<->'a 4. In order to comply with the Planning Commission ’s stipulation that the amount of fill brought onto the Property be monitored so as to ensure compliance with the ^yproved grading plan, prior to any fill being brought onto the Property, the aj^licants or the applicants’ representative shall make arrangements with the City’s Building Official and/or Building Inspector with respect to monitoring and haul routes. 5. Authorities granted by this resolutixin run with the property not with the applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance and conditional use permit will expire on that date (July 25,2006). 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 tq)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. Adopted by the Orono City Council on the 25"* day of July, 2005. ATTEST; Linda S. Vee, City Clerk Barbara A. Petmon, Mayor Property Ownerfs) Page 4 of 6 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. . V '.; , . .• •• ■ V- ; wm Notary Public ■ ^ :;r ;' mmm v' '2 J Page 5 of 6 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this__day of by Bradley M. Jones, husband of Cheryl A. Jones, husband and wife. ^2005 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this__day of by Cheryl A. Jones, wife of Bradley M. Jones, husband and wife. 3 2005 Notary Public M t - .s’. r.Page 6 of 6 EXHIBIT A All that part of Oovenunent Lot 5, Section 9, Township 117, Range 23, described as follows: Commencing at a point in tl» cenleiline of County Road No. 51, which point is 437.4 feet West of a point in the Bast line of Oovcmmcnt Lot 5, . distant 1260 ftet Soudi of die But !4 comer of said Section; thence Northwesterly along the centerline of said road a distance of534.6 f^ to the true point of beginning of the pnqierty being described; thence continuing Northwesterly along the centuline of said road to a point 265.25 feet Southeasterly measured along the center line of said road from its intersection with the West line of Oovenunent Lot 5; thence Southwesterly with an interior angle of 90 degrees and 41 minutes a distance of435.7 fe« more or less to a point in the West line of said Government Lot 5, said point being 507 feet South of the intersection of said West line with the centerline of said County Road, said point also being on the shore of Qystal Bay, L^ Minnetonka, thence Southeasterly along said shoreline to its intersection with a line drawn through die point of beginning and forming an interior angle of 84 degrees and 29 minutes with the centerline of said road; dience Northeasterly along last described line a distance of 435 feet, more or less to the true point of beginmng. ^bj^ to a peipetual easement for roadumy purposes for ingren and egress, on and over a strip of land TA feet wide, abutt^ and ad^ining the Soutbeasterly line of the above described premises on the West side thereof and commencing with centerline of County Road No. 51, and extending Southwesterly along the South line of the above described inennsM a distance of 300 feet Together with an easement over, in and tqion a strip of Isnd TA feet in width adjoining the ateve described easement along the Euterly side and lying Easterly of flie above described Southeasterly boundary of the ataw desaibed premises, commencing with the centerline of Cou^ Road No. 51 and running Southivesterly along said boundaiy line 300 ftet for roadway purposes and ingress and egress to said premises. Hennepin County, Minnesota in .............. ......... Ml north SH0RE_DRI}^ ' 7f 58’29'30 “ f 177.70 mi / HARDCOVER 3S0+ (~€SMT*RO) 27S00Sr/0.63AC XJOX- 8250 SF HC OWVE - 180 SF(0.6X) 75-250 289I5SF/06AC(-1/2ESMT) X25X-6729 y HC •SCALE IN FEET I ^ - EWSTMC SPOT tlEVATWH. I X(990.0) - PROPOSED SPOT OEVATIOM I m ORECTKM SURFAa ORAIMCE I PROPOSED ELEVATIONS .GARAGE FLOOR-9419 'TOP OF FOUNDATION =9412 (LOWEST FLOOR-932.5 APPROX. 900 YDS FEl REQUKEDi HOt« - 3850 SF(I4.2X) PORCHDK - 400 SF walk - J8 SF CONC POS - 56 SF DRIVE - 2550 SF RET WALL - 65 SF TOTAL - 6720 SF(24 9X) ADDRESS 2545 NORTH SHORE OR PB| 09-117-25-41-0005 (VERTY) benchmark TR SAN MH ELEV - 951.1 -----2S0 SETBACif ^ OESCRWTKM: uw^sc^br* wiiY^’so ” FJOU A PTSM CL 437.41 FEET , HE|icS!?Co5«^ ^ •>SURVEY 6 SUBJECT T CHANGE PER TITLE OR EASEMENT trORMATKM /_________ Is tor I (OUil * «10TFEu9«t,2PROPOSED HOUSE LFE^31i..^g 1 'S7ir-, V i IHW 929.4 -i------ LAKE MINNETONKA w \; CITY OF (uiRONO 2750 Kelley Parkway P.O. Box 66 Cryf tal Bay, MN SS323 (952) 249-4600 ZONING nLE: 05-3132 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: July 19.2005 TO: Peter Esckuche COPIES: Brad & Cheryl Jones 2012 Indian Road West 1245 Woodhill Avenue Minnetonka, MN 55305 Wayzata, MN 55391 TYPE OF APPLICATION:Lot Area Variance, CUP for Fill DATE OF MEETING: July 18,2005 Planhig ConnlfakHi recommeaded as follows: Appfoval of the lot area and conditional use permit as requested stipulating that the amount of trucks unloading fill be monitored by someone on-site to ensure compliance with die approved grading plan. VOTE:FOR AGAINST A|q>licant*8 next scheduled meeting is confirmed as: CHy CouBcll - Monday, August 8,2005; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission or Council minutes, they are available fiom the City Recorder after review and approval by the Planning Commission or Council. If you have questions, please call City Planner Janice Gundlach at 9S2-249-4623. north SHORE^^Siy^ ■ — 177.70naiW^ 75-250 269 t5SF/0 6AC^~ l/2eSMT) SHonaic 9296 6/IS/OS—J <**» 929.4 LAKE MINNETONKAJ Janie* Oundlach From: S«nt: To: Cc: Subitet: Brad Jones [BJONESigmeagher.com] Monday, July 18.200512.24 PM Janice Gundlach Peter Eskuche; J. Sven Gustafton; cjones@okJrepublictitle.com Jones Application 2545 North Shore Drive 05-3132 Item 13 July 18th meeting ii)*3 Jones pic for >IG.0306JPG (130 variance mtg2.Jp... KB) Janice, Thank you for your call regarding meeting the engineer's concerns, and providing the council with a photo of the previous house, so that we can show the PC that the previous house had a mound of dirt in the front yard and many steps. Here are the answers to your suggestions. 1. This afternoon, before tonight's meeting, we will try to provide you with an e-mail of the revised site plan, meeting the engineer's concerns. We will bring the revised site plan to the meeting and provide you with paper copies. We will do this, regardless of e- mail. 2. Here is a photo of the front of the house, originally built in 1940. There are 19 or 20 steps to get from the driveway to the front door. I took this photo last August, when we signed the purchase agreement. Note how the front of the yard is a mound of dirt. That was there to enable people to get from the driveway and parking area to the front door. After the house was demolished, the dirt that was in the front was pushed into the hole formerly occupied by the house. Note that the previous house was configured so that the main living level was not at "ground level," but up one level. We are proposing the same configuration, but so that the garages are also on the main living level. Indeed the old house's garage, was a "wet" garage The look of the lot will be almost the same as before, although with more dirt in the front. It is the most efficient way to make use of the lot and permit us and our guests the ability tc drive to the front of the house rather than walking up 20 steps! We touch nothing within 75 feet of the lake. The view from the lake and from the house to the lake will be unchanged. It's only the front yard that will be different. That has to be different in part because we have to move the footprint of the house so that it is at least 75 feet from the lake. There is nothing about the proposed view from the front that will be offensive. Our neighbors welcome these changes. The view from the road will be about the same as it was with the old house. Drainage will be the same as before. There are no downside risks associated with putting this project together in the manner proposed.i I also attach a copy of a photo taken from the shared driveway, looking toward the lake, on which the proposed house has been imposed. We will also bring this or something like it to the meeting. With this people can see what we propose, in place. We have shared this with the neighbors, too. They support this. Please call if you have other questions or comments. Best regards. Brad 612-347-9196 «IMG 0306.JPG» ^ * itl , t ^ ' -i 11^«Km WJt:^ V,.i -I' /, ' - ■'f-r .; ;**'..«- ••• • / V •.. ■' j: i' • -4. 'X^ V. / ; '•‘' -* if83^415 rlli? ^.*V iiiS /, r <1 / 'A«' '■ :•• : N *••- 'V' m,m. w-r ' ■■JTK'm - s »(%■?=' m • «« ^ I \ •• y.' < -• *• 0* A V ..jJtL^ • V V li'K.’ i l(w»)_ hav» n I (¥ve) i approvalo am (am) a Coundap If you N AppIcaHc priwtoii I (we) ADJACENT PROPERTY OWNERS* ACKNOWLEDGEMENT FORM [print name(8)](print address] proposed improvement or proposed us^^^heproperty located at I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of ttw property or use but merely to confirm for the City Council that I (we) am (are) aware of ]K^imprpfvgment plans and that the proposed neighbor's project or use requires Date Property Owner ^ ' Date Ifwe) (print narrie((print address] •'oprovement or proposed u8e^^ttH>^n^)erty located at'Mv I (we) understand that in executing this acknowledgement. I (we) am (are) not asked to declare approval or disapproval^ the property or use but merely to confirm for the City Council that I (we) am (ate) aware of tiya bi^pr^fr^ipent plans and that the proposed neighbor's project or use requires Courtdl approval. Dale Dale If you have any Infownation that may assist the City in the review of this Land Use Appicalion. please submit your comments to the Buikfi^ A Zoning Office at least 10 days prior to the scheduiad mealing dale. MOS-3132 July IS. 2005 Page I of 6 Date Application Received: 6>22-05 Date Application ConeMcred at Complete: 6-22-05 60-Day Review Period Eipirct: 8-21-05 To: Chair Rahn and Planning Commission Members Ron Moorse. City Administrator From: Janice Gundlach, City Planner^ Date: July 14,2005 Subject: 05-3132, Peter Eskuche on behalf of Brad & Cheryl Jones, 2545 North Shore Drive, Lot Area Variance, Conditional Use Permit for Fill in Excess of 500 Cubic Yards, Public Hearing Zoning Dbtrkt: Lot Area: Dry Acreage: Lot Width: LR - 1 A, One Family Lakeshore Residential District (2 acre min.) 1.5 acres (66,626 s.f.) 0.92 acres (40,1626 s.f.) 141.5 ’ @ shoreline; 148 ’ @ 75 ’ setback (200’ required - administrative approval exercised in this instance as the lot is sewered and contains at least 100 ’ per Zoning Code amendment adopted in 5-04, Ordinance No. 9) A/^lication Summary: Applicant requests the following in order to construct a new residence on an existing lot: 1. Lot area variance to permit construction of a new residence on an existing lot 1.5 acres in total area with 0.92 acres considered dry buildable, where 2.0 acres is normally required. 2. Conditional use permit to allow 900 cubic yards of fill outside the 75 ’ setback when 500 cubic yards or less is permitted without conditional use approval. Siriff RecorruuetfdatUm: Staff recommends approval of the lot area variance stipulating that the deck on the lake side of the home be confirmed to meet a 30 ’ 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 ’ of the lake, within the applicant’s property, be removed. With rega^ to the requested conditional use permit for fill in excess of 500 cubic yards, the Planning Commission should review the applicable Zoning Code Sections and evaluation criteria in Section 78-1250 and determine if any negative impacts will result. II VPertiuent Zoning Ordinance Seel Sec. 78-305. Area, height, lot width and yard requirements. (b) Lots. The following minimum requirements shall be observed: L*t Am (aerv)Lot Widlh (fwl)Front Yard (feel)Skk Yard (feet)Side Yard Adjacent to Street (feet) Rear Yard (rcct) 2 200 50 30 50 50 #05-3132 July 18,2005 Page 2 of 8 Lot area means the area of a lot in a horizontal plane bounded by the lot lines, but not including any area occupied by the waters of a duly recorded lake or river or area frequently under water which serves as a watercourse draining higher land on which sustains emergent aquatic growth or area which has been dedicated as public right-of- way. Sec. 78-967. Exception, (b) Such grading and earth movement shall be subject to approval by the building inspector at the time of issuance of a building permit, provided that a plan showing proper drainage and protection of adjoining property has been submitted. Where such earth movement is not being performed in conjunction with a building permit, a separate land alteration permit shall be required. Any unusual land alterations, including earth Ailing, removal or grading, proposed by a builder shall be subject to a conditional use permit as provided for in this chapter. The following land alterations shall be considered as unusual land alterations: (2) Any additional All brought on site in excess of 500 cubic yards, except for All required to raise grade for adequate frost footing protection, the intent being that structures shall not be artiAcially raised above the preexisting surrounding topography. Sec. 78-1286. Topographic alterations/grading and Ailing. (d)(2) For movement of more than 500 cubic yards of material within the shoreland overlay district, condiAonal use permit approval by the city council is required in addition to the required land alteration permit. Lilt of Exhibits Exhibit A - Applications Exhibit B - Applicant’s Narrative Exhibit C - Ha^ship Documentation Form Exhibit D - Propos^ Survey Exhibit E - Hardcover CalculaAon Woriesheets Exhibit F - Proposed ElevaAons Exhibit O - Proposed Floor Plans Exhibit H - City Engineer Comments Exhibit 1 - Aerial Photograph Exhibit J - Adjacent Property Owner Acknowledgement Form Exhibit K - Property Owners List Exhibit L - Plat Map BackgrowMl Staff met with the applicant and owmer to review the proposal prior to their making an application for a lot area variance. The applicants were advised that administrative approval for lot area could be granted if at least 1.0 acres were determined to be dry buildaUe land. Following a wetland delineation, it was detennined that less than 1.0 acres of dry acreage exists, therefore a formal variance review must be conducted. During the pre-application meeting the aj^licants proposed a grading plan that appeared ms-3132 Jyiy 11,2005 Pagc3of6 to incorporate fill in excess of 500 cubic yards. The applicants were directed at that meeting to either revise the grading plan so that the amount of fill was less than 500 cubic yards, or apply for a conditional use permit for review by the Planning Commission and City Council. LOT ANALYSIS WORKSHEET Lot Ar«aAYidth LR-IA Lot Area Lot Width Required 87,120 s.f. (2.0 acres)200’ Actual 66,626 s.f. (1.5 acres)141.5 ’ @ shoreline; 148 ’ @ 75 ’ setback SetlMwka (existing setbacks do not exist as the old home was demolished in 12-04) LR-IA Required Proposed Front N/A N/A Rear 50’267’ Left Side (west)30’ 33’ house 29.3’ deck (must be revised to meet 30’ setback) Ri^t Side (east)30’30’ Lakeshore 75 ’87 ’ house 80’ deck Average Lakeshore Less restrictive than 75 ’ setback conforming Hardcover Calculations (no existing hardcover - vacant lot) Hardcover Zone Total Area in Zoae Allowed Hardcover Proposed Hardcover 0-75 10,896 s.f.0s.f (0%) 0s.f. (0%) 75 - 250 27,260 s.f.6,815 s.f. (25%) 6,537 s.f (23.9%) Total Lot Area Total Structural Coverage 66,626 s.f. (1.5 acres)Allowed: 9,994 s.f. (15%) Proposed: 4,230 s.f. (6.3%) 4MI5-3132 July 18,2005 Page 4 of 6 28,470 s.f. 27,917 s.f. - 250 - 500 excluding 8,375 s.f.180 s.f. shared driveway area/hardcover (30%)(0.6%) * After exclusion of fabric or plastic-lined landscape beds Lot Area Variance The applicant is proposing to construct a new residence on a currently vacant lot. The lot contains 66,626 s.f. or 1.5 acres of total acreage where only 40,126 s.f. or 0.92 acres is considered dry. This property lies within the LR - lA zoning district requiring 2 acres of dry buildable area, thus requiring lot area variance approval. A lot width variance will be administratively approved as it meets the 50% requirement of 100* at the shoreline and at the 7S* setback in accordance with a Zoning Ordinance amendment adopted in May of 2004. Hardship Statement Applicant has provided a brief hardship statement in Exhibit C, and should be asked for additional testimony regarding the application. Hardship Analysis /n cotukkrtHg •ppHaOkmt for voriooee, the PlanolHg Coomission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated trpffk condMons, light and air, danger of fire, rtsh to the public safety, and the effect on values of property ht the snrronndbig area. The Plannhtg Commission shall consider recommending approval for variances from Hie literal provisions of the Zoning Code In Instances where their strict enforcement would cause undue hardship because of circumstances unique to the Individual property under consideration, and shall recommend approval only when It Is demonstrated that such aetkms will be In keeping whh the spirit and Intent of the Orono Zoning Code. Staff finds a hardship 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 two acre dry acreage minimum requirement, if a variance is granted. A prior house existed on the substandard area and lot since prior to 1960 and the lot was legally created in accordance with the platting process. The proposal for the house meets all Zoning Ordinance requirements with respect to setbacks, lot coverage, hardcover, and building height. The lot is also sewered and not subject to primary and alternate septic site locations, as would normally be a concern with rebuild situations. Staff would recommend approval of the lot area variance as the lot is a legal lot of record, has stood on its own since jMior to 1960, and the current applicants are not able to acquire additions ■' land to become conforming without making the adjacent neighbors more non- conforming, due to the amount of wetland in the area. i #05-3132 July 18,2005 Past 5 of 6 Conditional Use Permit Analysis The applicants have proposed to incorporate approximately 900 cubic yards of Hll on t!;** road side of the proposed home. The Shoreland Overlay District requires that a conditional use permit be reviewed for any fill in excess of 500 cubic yards outside the 0- 75' zone. Zoning Ordinance Section 78-1250 provides the following evaluation criteria for requested conditional uses within the Shoreland Overlay District: (1) Evaluation criteria. A thorough evaluation of the water body and the topographic, vegetation and soils conditions on the site must be made to ensure: a. b. The prevention of soil erosion or the possible pollution of public waters, both during and after construction; The applicant will not be permitted to grade within 75 ’ of the lake and a silt fence inspection will be required prior to any site grading. Because the proposed fill will be placed on the street side of the proposed home, staff feels there isn 7 any gi'eater risk of possible pollution to the lake. The visibility of structures and other facilities as viewed from public waters is limited; The applicant's builder has indicated the views from the lake will not be affected by the proposed fill to be placed on the .street side of the lot. c. d. The site is adequate for water supply and on-site sewage treatment; and Not applicable as the site is served with municipal sewer. The types, uses and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft. Not applicable. The need for the fill arises because the lot exists as a walk-out to the street side, with a partial walk-out to the lake. The effects of the reverse walk-out scenario is that the views fixim the lake will be minimally, if at all, impacted and views from the road entering into the site will be dram .4tically raised whereby a driveway sloping up towards the house will be artificially made. The previous house utilized a tuck-under style garage with a flatter driveway giving in to the topography of the lot. The City Engineer has reviewed the proposed grading plan and is recommending the applicants plan accordingly for the approximate 90 truckloads to be brought onto the site and that the applicants be sure to not disturb the grades within 26' of the wetland. The building department has indicated that a silt fence would be required to be installed at the 26* wetland setback to ensure the least amount of disturbance. Beyond those concerns. #05-3132 July IS, 2005 Page 6 of6 the City Engineer had no other issues or requested revisions to the grading plan. Because there is no land alteration activity within 26’ of the wetland, the lot is not subject to the wetland moratorium. lasses fsr CossMcratioo 1. Does the proposed grading plan w/fill create any negative impacts? 2. Are there any other issues or concerns with this application? Staff Recomaicadation Staff recommends apjnoval of the lot area variance stipulating that the deck on the lake side of the home be confirmed to meet a 30’ 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* of the lake, within the q)plicant’s property, be removed. With regards to the requested conditioiud use permit for fill in excess of 500 cubic yards, the Planning Commission should review the ^plicable Zoning Code Sections and evaluation criteria in Section 78-1250 and determine if any negative impacts will result P' ^5 ■ I • mi •"ji '■•'i • - 1 I City of Orono Variance Application Stnel Addnss: 2750 Kefley Partnray Orono. MN 55356 AppHcationf 05~3/3Z> vl y'.yll Main: 052-249-4600 tax: 052-240^16 Mating Addnaa: P.O. Box 66 Crystal Bay. MN 553234)066 DalaReceivad Amount Paid Stair Faa:$600 Renewal: $300 Afler-lhe-tact: $1,200 Double Fee This appicalion form must be compWad in foH. Applicant wW be noMed wNNn IS days as to the status of the appicailon. Iiicompitia applieatlOM wiN not be placod on Planning Commission Agendas. PROPERTY INFORMATION: Site Address: 2545 North Shore Drive Property Identification Number (PIN): 09-117-23-41-0003 (Attach legal description to application if not included on the survey.) Date Propwty Acquired (month^ar): 11/2004 □ Yes. I ovwi the adjacent parcels. Present use of property: ^Residential □ Other_______________________ Zoning District LR-1A____________ APPLICANT INFORMATION: (Compistalagalnamas and marital status raquirad for each intarestsd party) Name: Pelsr Eskuche Phone (mobile): 512-296-7575 Address: 2012 Indian Road West Email; eooAmn.rr.com Phone (work): 612-296-7575 ____ City:Minnetonka Zip:55305 Fax: 952-544-3644 OWNER INFORMATION: (Comptatatagalnamas and marital status raquirsd for each intarastad party) Name: Brad and Cheryl Jones Phone (home): 952-476-0619 Address: 1245 WoodNHAve. Email: bjonesAmeaoher.com Phone (work): 612-347-9196 City.Wayzata _____Zip:55391 Fax: DESCRIPTION OF REQUEST: Estimated Project Cost $ 1.6 Million Describe the request in detail (attach additional sheets if necessary): __________________ This requests a varianoe so that Brad arid Cheryl Jones may build a siriote-family house their non-conlormirm tot, as defined by the LR-1A Zoning rfistrict and 2) a conditional use permit so that Brad and Cheryl Jones may move more than 500 cubic yards of fill. t • ' Vi a 1' REQUIRED SUBMITTALS: All of the following Information must be submitted by the application deadline date in order for your application to be processed. bT Pre^piication Meeting Form, completed by a City Planner. HT Completed Application Form jS Completed Hardship Documentation Form Certifted Property Owners List — owners within 150' of the subject property, labels and plat map. List, labels aitd map may be obtained from Hennepin County Department of Finance, Government Center, A-603 300 South 6*** Street. Minneapolis, telephone 612-348-5010 Original Certificate of Survey (signed by a licensed surveyor), meeting all the requirements listed vdthin this packeL including hardcover calculations. Also provide one copy 8.5” x 11* or 11” X17* for reproduction. A Completed hardcover calculation worksheets (as provided within the variance packet). jQ Topographic survey - including existing and proposed elevations. Provide one copy 8.5” x 11” or 11* X17* for reproduction. •H Sketches or plans of floor and elevation views (provide one copy 8.5* x11”orH”x17”). □ Addittonai Mams 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 DepartmenL agrees to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred In raview of this application and certifies that the information supplied is true and correct to the best of his/her knowledge. The applicant recognizee that hehihe Is solely lesponalble for submltllng a complete application being aware that upon failure to do eo, the staff hae no alternative but to reject it until it le complete or to recommend the request for denial of the rsqueat regardleee of its potential merit Applicant's Signature: Applicant's Signature: Date; ^9 • • 'Zoo 5~ Date: OWNER'S ACKNOWLEDGEMENT; The owner hereby acknowledges and agrees to this application and furtiier authorizes reasonable entry onto the property by City Staff, xonsuttants, agents, Ck)mmission & Council Members for purposes of InvestigatiMTIhd verificgitiprvqf tips request. Owner's Signature: __i Owner’s Signature:r/Date: Date; •tp • • *ppS Applicant must have all subnUttals into tW City offioes 25 days before the Planning Commission Meeting. Planning Commission Meetings W noimally held on the third Monday of each month. Appllcante must be present at all scheduled review meetingt 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 W t i '■) I -f;’ •; •• (t:-, r.) i I T * ■ i y mi \r. . ‘LiI P4TAPWIVAC Y ADVISORY 4_. - •ooorttanoB with M.S. 13.04, Subd. 2, TIIbMb of subjects of dcrta", we would like leiiinTOyoM that your iwiuast for a permit or license from the City of Oiono or any of Its «B«1monls may require you to furnish certain private or confidential kifbrmation. You are notified that 1. The Inffwrwatiwn you fUmbh wM be used to determine your niia Hfj the permit or Hcanse requested. I •nfor 2. Y^ may rehise to supply data, but rehisal may require that the City denytm pofvnil or Ho6fise. 3.The Information may be shared with other local, state or federal agendas to the extent necessary to process the permit or license. If your requestad permit or Noense requires Council information may become public.n to approve, some 5.Ywrlmve certain rights under M.S. 13.04 (see following page) to review 6. .Brad. Your foil name is required to process this application or permit ______________M- _____^JonesFirst _124SVifoodhMAve Middls Last Address ^Whyzatta City MN State 55391 Zip 952-476-0819 Phone I understand my rig SIgnatu » j I 8 O “Ii-a. Qo ‘i CITY OF ORONO • GENERAL LAND USE APPUCAT10N Apollcatloirf DateRac^tvd U?yo S Amount Paid JtCO ^ * PROPERTY LOCATION Site Address ^5" N<9fi^TH /3/flw^tr Type of Application to be Filed C U P'_______ Property Identification Number (P.I.D.) 0*t- 4-i - oco"^ APPLICANT Name PtT^ ,AiL<>U/nr^r‘ Phone (home).PhonefworkI 6/i_ 7C7g Address /Zo/o- Aa. utr. Citv/)f Zip OWNER (if different than applicant) Name RfLAa CHtfiiLs/L. •^oive^______________________ Phone (hornet T^z-^7^ - o^l*i Phone (work) ^/g. - /?£> Address l'i^4-9 uqopHill. City M4fY2/fr>^_____Zip «;-9 //5’ Date Propatte Acquired H tm^/'Loo 4-_____________(month/year) I (do) ^ori^also own the adjacent fMrdbls of land. FEES - CONDmONAL USE PERMITS $600.00 Residential Accessory Use $600.00 Institutional (church, school, etc.) $600.00 (3uest House/Guest Apartments $600.00 Duplex CrediVBldg $600.00 CommerdaKIndustrial Use $600.00 Land Alteration * Permit ___Grading and filling - designated wetland or floodplain X Grading and filHng - 501 cu. yd. or more Grading, seawall, retaining walls within 75* of lakeshore PRD/PID - see Fee Schedule $250.00 Renewal Fee (no change fiem original application) After*tee^act Fee > Double Current Application Fee OTHER APPLICATIONS _____$600.(X) Commercial Site Plan Review (■•* consultant fees) _____$600.00 Vacation _____$600.00 Easement Vacation _____$100.00 Easement Vacation With Subdivision _____$6(X).00 Rezoning (PUD-refer to fee schedule) _____$6(X).00 Comprehensive Plan Amendment _____$100.00 Appeals V Other - see Fee Schedule , cot/j^oMu*/^ Ipy ■■ /'■♦ • 'i -ri •H ■ N O o 1 ‘ /; /' » i / REQUIRED SUBMITTALS 1. .^^€omoleted Application Form, 2. “ 3. Describe request in detail. 4. Certified Property Owners List of owners within 350' of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department of Finance, Government Center, A-603 300 South 6*^ Street, Minneapolis, telephone 612-348-5910). 5. 6. 7. Certificate of Survey (signed by a licensed surveyor) - refer to handout for survey information. 4^ Attach legal description to application if not included on required survey. _i^Topographic survey (existing and proposed contours) if land alterations inwive changes in elevation (grades). 8. 9. List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not cunent own^s). Construction plan, if applicable (see staff for requirements). ___As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 3 COPIES OF LARGE DOCUMENTS AND 1 COPY FOR REPRODUCTION (11** X ir OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require scaled drawings of all documents, plans, etc. to be submittad.) The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staffi _______________________Date________ APPUCANTS SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/br unusual expenses incurred in review of this application, and certifies that the information supplied is true agcLoorrect to the best of his/her knowledge. Applicanfs signature Pate^gbJWsiPg OWfNER*S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Counck members for purposes of investigation and verification of this request. Owner's signature Applcwil mutt have al PlM^nino ConvniMion MMNnoa Date^ Ic5 lino Convniuwn ^25 days before the Planning ComfnissiSn Meeting, third Monday of each month. Applicants must be present Commission and Council. If an applic ant it unable to and advise ttie BuihSng a zoning OfRoe of this change prior to the meeting. o tn:* HI Q A M’ } : . I City of Orono Pre-Application Meeting Form (This form is to be completed by a City Planner during your pre-application meeting.*) Stn^ Addma: 2750 Kelley Parkway Orono, MN 55356 MaBhg Address: P.O. Box 66 Crystal Bay, MN 55323-0066 For Office Use Only: City Planner____vJAfUlC^ Main: 952-240-4600 Fax: 952-249-4616 /AAli Meeting Oate/Time: (0JIO PC Date: JUfV /Ul tTUm Whtt I m ttw purpo99 of 9 pn^ppHcation mooting? Pre-application meetings aid the applicant in preparing a complete proposal, inform them of the procedures and requirements of the city code, and identify policies or regulations that create opportunities or problems for the proposal. PROPERTY INFORMATION: Site Address: AJfjy^ Property Identification Number (PIN) Zoning District: Ui'jA Size of Property: ^/. 51. DESCRIPTION OF REQUEST: □ Average Setback □ Side Yard Setback □ Rear Yard Setback □ Hardcover □ Lot Coverage ^Lot Area Mother: Chn-firm -fi'/l A)in □ Front Yard Setback □ Lot Width H m HMD m v -kv -r,uu Applicant's HARDSHIP: Applicant has received the Hardship Documentation Form, Initials: understands it as it has been explained to them, and is aware that it must be completed and submitted in conjunction with their formal variance application. OTHER INFORMATION: *Pleaee note: Your variance application will NOT be accepted without a pre-application meeting during which this form will be completed by City staff. Applicant Signature:Date: kI ua/^ ( . m h June 21.2005 Narrative Relating to an Application for Variance Jones Property 2545 North Shore Drive. Orono 1. Description of Request This requests 1) a variance so that Brad and Cheryl Jones may build a single-family house their non-conforming lot. as defined by the LR-1A Zoning district and 2) a conditionat use permit so that Brad and Cheryl Jones may move more than 500 cubic yards of fill. 2. HardaMp atatamont In November 2004. Brad and Cheryl Jones purchased the lot to build a single-family residence. To ensure compliance with current ordinances, they demolished the existing 3 level house, which they understood had been built in 1940. It significantly encroached the 75* lake setback. They also demolished the non-conforming lakeside boat house, and removed all non-conforming patios and retaining walls within the 75* lake setback. Public sanitary sewer services the lot. The lot is zoned LR-1A, which requires a two-acre, 200-foot width minimum lot size. The lot is about 1.5 acres and 142 feet wide. Moreover, the lot includes approximately 26.500 square foot of wetlands. The buildabte area of the lot is therefore slightly less than one acre, without regard to various setbacks. If the Wetland occupying this lot were only 1.900 square feet smaller, the Jones* application for a building permit would not require a variance but would meet the requirements for administrative approval of a request for a building permit The Joneses cannot cure the non-conformity by adding adjacent property to their lot. The lots on both sides are owner-occupied residences. The adjoining landowners want to keep their property intact The Joneses are not able to purchase property from either neighbor in order to satisfy the minimum requirements of this zoning district Building a house on this sHe Is consistent with its prior use. as a residence for much of the 20^ Century. The Joneses have spoken to the neighbors and shown them the site plans and the rtawings of the proposed house. The neighbors do not oppose the proposed construction. In addition, this lot has unique and difficult topography. The entrance to the property is from the northeast The lake is to the southwest. The wetlands occupy most of the northeast side of the property. The iol rises more than ten feet from the entrance toward 2012 INDIAN ROAD WCST MINNfTONKA HN SS20S RHONI 4l2.2f*-757S 7AX 9S2-S44O044 www :) III 6 1'Lit, >ir ^ 't r\ Clliw|• u ar cRi t act. com / I r.; a- * . i<idHlbl Laka Minnaionla. The increeae in elevation is an obstacle to the nwst effective and enjoyable manner in ^kh to orient a house on lakefronc property. In order to enhance the appearance of the site, situate the house in a way that minimizes the awkward topofraphy, and maintain positive drainage away ftom the proposed structure, we propose to locate the main level of the proposed home above the higheat point of the lot. This placement requires fill on the street side of the proposed house to accommodate safe access to the home from the garage and front door and keep the driveway slope below the maximum allowable grade. None of the fill proposed wNI be placed in the wetland areas or wMhin their setbacks. WNhin the 75*ffoot setback ftom OHWL (029.4’), grading cannot be altered due to regulations. The sHe slopes from Ks highest elevation at 943 feet at the south (lake) side of the lot, down eleven feet to the north side. Because there can be no grading within the 75- foot zone, construction requires that the main level be set above the 943-foot elevation. Otherwise, the downward slope from this high point to the back of the house would inevitably lead to slgnHIcant water problems. This proposal win improve the health, safety and comfort of the landowner ’s proposed ^«v»se. It win not have any negative effect on the surrounding terrain or the wetlands. It complies wHh the intent of the Zoning Code. This proposal will result in a home that is consistent with the character and quality of neighboring homes. * I V f • ; avia INDIAN ROAD WIST HINNiTONKA NN SSSM IHONI Aia.aM.7l7S FAX «Sa.S44.1A44 www.clifHria»tfctilt««t. coir Page I of3 HARDSHIP DOCUMENTATION FORM pS!toteni^^ITaqufc«r«iSII(SI^TJvariiImsrappIS^ I wiii not be oonsMered complete or placed on any meeting agendas until this form is I complete and eubmltlBd to the City.________ Minnewta 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 varianoes run vrith the lend and not the land owner. Personal and economic aituatlona are not oonaiderBd veUd hardahipa. In order for an application to be heard t^ the Planning Commission and City Council a hardship having merit must be demonstrated. HOW DO I PROVE A HARDSHIP? This form has 12 points outlining the basis City staff uses to determine if a hardship exists and how the varianoe will affect the surrounding community. To prove a hardship, addnaa al the relevant points listed below and answer them as dearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance la JiatHlad. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out H will not be considered. PI**** *ddress 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 U used under oondHtons allowed by the official controls.* TMs proposal does not require a variance from dtv code other than minimum acreage and lot______________________________ 2.The plight of the landowner is due to circumstances unique to his property not created by the landowner.* The landowner has purchased an extstlTKi lot but has no ability to increase the size of the IALIlJLS 'i 3. The varianoe. if granted, win not alter the essential character of the locality.* The charactor of the locality wHt not be altered by this proposal. *Economic considerations alone shal not constHule an undue hardship if rsasonaoto use for the property exists under the terms of the Zordng Chapter.* Economic constderatiorrs have no affect on whethe r this proposal would or vie::-' not pass the existino zoning reoulationy ^ 1 » 6' 0/0 ^ —»' ■■uuuoW HV.- Page 2 of3 * 5. "Undue hardship also includes, but is not limited to, inadequate access to direct sunlight (or solar energy systems. Vwianoes shall be grartM for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter." This proposai does not suffer from inadequate direct sunlight_____________ 6. 7. 9. "The Board of Appeals and Adjustments or the Council may not permit as a varianoe any use that is not pennilted under this Chapter for property in the zone where the affocled person's land is localed." This proposal is for a SinoleFamilv Residence in (he LR-IALakeshore Residential District ____________ -..- : -.... The Board or CouncH may permit as a variance the tenrporary use of a oite-fomily dweling as a two4amiy dweWng.” This proposal is for a Single FamBy Residence only. "The special conditions applying to the structure or land in question are peculiar to such property or immediate adjoining property.” This lot of record has a unique size and width which cannot be increased to meet the zoning reoulations. The wetlands on this occupy nearly 40% of the lot. The conditions do not apply generaly to other land or structures in the district in which said land is tocated.” The BmHedbuidable area of this lot is a result of a lame wetland unique tothis 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.* Grantjng the variance is necessary for construction of a singie family home. 11. The granting of the proposed varianoe wW not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code.” GrantInQ the variance wW not impair health, safety, comfort, trrorals or run contrary to the intent of (he Zening Code._______________________ u /• r " // ; i sr..,,f > •n • i.l J '.lJ I < Page 3 of 3 12.*Ttw grairting of such variance will not merely serve as a convenience to the applk^, but is necessary to aHeviate demonstrable hardship or difficulty.'' The owners will not be able to construct a house on the lot unless they receive a variance and cornMional use permit. Hardship Matoment Should you fsel the hardship cannot fully be deacrtoed in the above criteria, describe the unique hardship, practical dMiculiy or unusual property conditions preventing compliance wNh Zbntoio Ordinance requirements In the toflowing lines (attach additional sheets if necessary) See ittsched nurativs. ■> : • i -* ? f • ■ft*:;'m north shor£_£S!}^^ jQtt £• 177.70 tnojnjSiS. S 58'29 / HARDCOVER 250+ (-ESMTM0) 27500SF/0.63AC X30X- 8250 SF HC DRIVE - 180 SF(0.6X) 75-250 SCALE IN FEET ^ m EXBTKO SPOT ELEVATIOM *1 X(99aO) ■ PROPOSED SPOT ELEVATIOH . DRECTON SURFACE DRAWAGE I I PROPOSED ELEVATIONS I GARAGE FLOOR*941.9 • TOP OF FOUNDATION =941.2 t LOWEST FLOOR-932.5 Ui I 26915Sr/0.6AC(- 1/2ESMT1 X25%-6729 SF HC \ I APPROX. 900 YDS FILL REQUREo/ (VERFY) HOUSE - 3830 SF(14.2X) POr Sc R - 400 SF WALK - 36 SF CONG POS - 36 SF ORWE - 2200 SF RET WALL - 35 SF TOTAL - 6535 SF(24.3X) BENCHMARK TR SAN MH ELEV - 931.1------ ADDRESS 2545 NORTH SHORE OR PO# 09-117-23-41-0003 150 SETBACK foi * ^ OESCRPTKM; PT or *C. 9. T.117, R.23 LV9IG SO^ OF NWLY SO FT FROM A PTSfl a 437.41 FEET SaY FROM GOVT LOT 5| HEMCPM COUNH^ SURVEY 6 SUBJECT T6"'sfl? CHANGE PER TITLE OR ^ M < EASEMENT ITORMATION / o» O 9.23 1.0 t Ms 15 45-0TFE-941.2 PROPOSED HOUSE 16.44 LTE-932.5^-^ 14.66 a.!. J-1/ <r.y. .. 4 t? I 929.8 920.4 ------— ----------------- MINNETONKA/ HARl SETBACK ZONE: (aRCLEONE) R CALCULATION WORKSHEET 7S-280* 280-tW BJQSnWQ HARDCOVER IN 2QWE A. House ________ UngOi B. Oange C. Ofhwway D. SidMmIk E. PeVoDeck F. Landscape Undartain ByPtasdc Q. Retaining Wals H. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A_ _ PROPOSED HARDO A. House _ Ungii B. Oaiiga C. Driveway D. SMewaik E. Pado/Deck F. Landscape Underlain ByPMic O. Retaining wait H. other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A 0_ - * X X •. 1.1 a ss S.F. S.F. X a S.F. X a _ 2 _S.F. X a S.F. X S.F. X a _■S.F. X a S.F. X a S.F. X a S.F. X a S.F. X a S.F. X a S.F. X S.F. 0 S.F « •10.896 S.F. ♦ B X100 s 0 X 8 S.F. iASiliasVWuUI X a S.F. X a S.F. X ulCO1X %. « 8 S.F. X m S.F. X s » V S.F. X 8 S.F. X .S.F. X ■ _ V S.F. X \ - \. S.F. X Ls.f. X S.F. X a S.F. X m S.F. 0 C IT. «p S.F. ♦ B 10.896 XiOOO % 7/V-' r ‘ ri « f « i -*■' - irAikldtn I iti iiiii#Mmiifri HARDCOVER CA SETBACK ZONE: (CIRCLE ONE) 0-7r EXISTINQ HARDCOVER IN ZONE A Houm ____________ Longih X X B. Omge C. OftvfMty X X D. Sidtwrik X X E. PMlo/Dick X X F. Landicapt UndtrMn ByPMIc X X X O. Rataining MMs TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A_ _ _^2.550 PROPOSED HARDCOVER IN ZONE A Houm __ _ _ _ _ _ x X X B. 0«i«9« C. OilvMvay X X O. Sidmnii E. PalkVDick X X X X F. LandMopo UndorWn ByPMic X X X O. RoMning WMo HOSmt TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA M ZONE A S.SS7__ ♦ B 27^ ki^uanpN WORKSHEET 4- B 27.260. 10-1000* s S.F. ss S.F. ss S.F. 8 S.F. 8 2.550 S.F. 8 S.F. 3 S.F. 8 S.F. S.F. 8 S.F. S.F. S S.F. 8 S.F. S S.F. S.F. 2.550 S.F. A •27.260 S.F. B XlOO »®.4__% s 2761 8.F. s S.F. 8 S.F. a 1W9 S.F. 8 2200 S.F. s S.F. g S.F. 8 S.F. S 400 S.F. s S.F. S.F. 3 S.F. 8 S.F. 8 35 S.F. 8 72 S.F. 6.537 S.F. A •27.260 8.F. B XlOO - 23.9 % #01-i- (V )) ^ * I HARDCOVER CALCULATION 8BTBACK20NE: (CIRCLEONE) 0-7r 78-280* EXimilQ HARDCOVER IN ZONE A. House _________ LmqSi B. Oarage C. Orfvaway O. Sklawalk E. PaHolDack F. Landieapa Underlain ByPlaNic O. Retaining TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _ _ _ _ PROPOSED HARDCOVER IN ZONE A Houea _ _ _ _ _ _ _ UngVi B. Oarage C. OtiVBVvay D. SIdaaalk E PaOolDack F. Landscape Underlain ByPMIc O. Retaining WUe H.OOwr TOTAL HARDCOVER m ZONE TOTAL PROPERTY AREA IN ZONE A - -1«L—_ _- A V\ X X X X X X X X X X X X X X X X X X X X •oo-ioor S.F. S.F. S.F. S.F. S S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. ♦ B 28,470 28,470. S.F. A S.F. B XlOO aO__% S.F. S.F. S.F. S.F. 180 S.F. 8.F, S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. _27,917. 8.F. A _S.F. B XlOO a.6 SOM£)||pMr r > J i _______jf CAST CARACC eieVATION ' y ^ -4 r L CAVCDerAlL . •. i ■ '• : ^ /■’:"r'--v..;.^-". If#.-. V . ;•'. ■■ • _V- i ; ■ .. ; .' . . '‘.^;.v ,>•■•:.■ v?\ ■•■=-^' ^ ^. ■•• ■ ■ -A/’- \ : ? '■fc^w-V:> ■JT^.r..' ■- T' • • • t “ / ^.......^ m H[jimii II!'5*2w— 'sS -n sssz: € ninnirnTniiTmiTTP;osna ^ IMlI.llillMllilMl MM jiijiLi'iiiumiiuii mil 'I 'I Xr ^■^'4 \ II II u \ \\ M Be UU|XLL f / 9 \ // ' / n ^ ' ii / /w ^-=4=>—^/ j • • -I •art *4^ \' j ::^ % / / %- — ^ \ p \ .-_-_-.4 V Ll . • { 0 i 2 “ * o- It 02 fl » l>- 5*^.1 Osi!I o»/» I ES)I IIIMu il IS S Q •n•ntn §1 Im > f It !ISIII!!!!K!!! Ml A ‘.:- s:^: 1 ' ‘ v: V • I.,—j { ( •’) ‘ ^> #? / ,-r-*. ^cTs ■ 9-1Oi I, 03 S| UJ. 5i s Is If 115I \U i s Q » !3l§ §S ICM •:^;v • " i" v«, • V./’ ~. ,i itv.^v. r- .,<. v ;ov'4**i •V CQx^* *•<. ''•; -V ^ ] j ••“;/ %. t S“ *01 i|02 if IUJ_ |> 2» I OH— _ «A- I - f‘!l! i;i I>li If 5 ;|ul is i i— •fUA A^ CUU9 aid/aunes I Kuu Kuacne nnucRi.AK aaioaoxaiA Bonestroo Rosene Anderll(& AsMciates fingkiMrs A Architects 2335 West Highway 36 • St Paul. MN 55tl3i Orrice: 65I-636-4600 • Pax; 65I-636-I3II wwwJKmcstroo.com 1 July 14.2005 Ms. Iinioe Gundlach Planoer diyofOrono Post(MBoeBoK66 Ciyatal Bay, MN 55323 Re:2545 North Shore Drive File No. 000139^5 Plat No. 05-3132 Dev Janice; . V • . : V We have reviewed the aite plans dated 6-21-05 fbr the proposed improvcnients o 2545 North Shore Drive. Tire plans propose to ooostnict a new home and import approximately 900 cul ic yards of fUl. We have the following comments with resards to engineering matters: ; < ' • t * •• . :• .■ • e , • • I 'V *.*t.•. •; .** * ‘ e U is imolear as to where the storm water dong the south sie'e of dm easleirty towards die dtared driveway and neighbors pipperfy. lire 9 A ••• A •m .A M ^ ^ ^ drivewqr will go as it travels, f plan should clarify how this. storm will drain so that it does not inqiaet the existing drivewi^ ornc^bor'l prqrerfy. We recommend that the proposed diivewiy be tipped to the north so At all tunofifftom the driveway f •• • • . wiU drain towards die wetland Csire should be taken during the grading operations, particularly alonJ the nordi side of the driveway to protect the wetland setback area. Ihe import of900 cubic yards of fill will requite approximately 90 brought to dm aim Anangements should be made with the other protect and/or rapnir any damage to the drivewi^ due to construct All erosion and sediment control measures should be tMtciimt, ti prior to any work on site. .ir tV. Ifyon have any questions please call me at (651)604-4863. . * s * Yours very troly, BONBSTROO, ROSENE, ANDERLDC A ASSOCIATES. INC. e I • duck loads of nuter^ befog of dw shared driveway to and approved by the city • •. •* Cc: OiegOiVP**CifyofOr ♦ •V *./ : •' t • t* %•« |. St. Paul. St. Cloud. Rochester. MN • Milwaukee, Wl ■. CNcago. IL AffIriBildB AcrtBft/BRiil PypmrtMwHy Bmp •* • . * . RtH AmmrMi t ■ WMmw-'Wk V ' fcv- ,v ^^ ’■ z*'*'*^•• Ujf' wmmw\M th ¥/ ■I y-i' ^>,•’l. 'i ^ ^ ''</***> ,-y mmt ¥ % ♦-» W fi.'m .•- - ■■ ■*lr- • ' ,.r.- Jii ■ :i' M ••iSp ^ \ ^\4 m:" m nmw='«r ?r tt--, : /. -• **f.■*'. *1^ .« r*Vj" :>^« A.' ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM of 2S|SMofj'K»5UoreD^\^ Ipriiit name(8)]{print address] have re^^ewed the ptara for the proposed improvement or proposed use of the property iocated at wPSctTkco OrtiMaiao referred to as Land Use Application No. QST»31‘^7» I (wa) understand that in executing this acknowledgemenL I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improventent plans and that the proposed neighbor's project or use requires CouncM approval. I (we) [print name(8)](print address] have reviewed the plans for the proposed improvement or proposed use of the property located at __________________also referred to as Land Use Application No.________. I (we) underetand that in executing this acknowledgemenL I (we) am (e;e) not asked to declare approvM or disapproval of the property or use but merely to confinn for the City Council that I (we) am (are) aware of the improvement pims and that the proposed neighbor's project or use requires Council approval. Property Owner Date Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the BuikM^ & Zoning Office at least 10 days p^ to the scheduled meeting dMe. COS' Locft< Ms- i- . ■! t . I » ! '. ^ . V , ■! V i'-'i RUN DATE :fiaV3005 M 0911723140007 PROPAOOR 1130 OLD CRYSTAL BAY RDS OWNERNAME THOMASO AEHYLLBOCOLWELL TAXPAYER THOMAS 04 PHYLLIS D COLWELL NAME/AOOR OO COLWELL INDUSTRIES MC I23 3ROSTN MPLSMN SS40I 31 0911723410004 PROPAODB 2305 NORTH SHORE DR OWNERNAME iLMARTINEAUAMLOmNORR TAXPAYER JEFFREY LMARTMEAU NAME/AODR MELISSA LOTTINGER 2503 NORTH SHORE DR WAYZATAMN 33391 31 0911723440001 PROPAOOR 2413 NORTH SHORE DR OWNERNAME SB4BJUNOAHLJR TAXPAYER BURTON JOHN LBOMHL JR NAME/AODR POB0K20 CRYSTAL BAY MN 33323 |rci?rrA| HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST PACE.I 38 0911723410002 PROPADDR 2313 NORTHSHOREDR OWNER NAME MARY DALE JESTER TRUSTEE taxpayer MARY DAU JESTER NAME/AOOR 2313 NORTH SHORE DR WAYZATAMN 35391 38 0911723410003 PROP AODR 2545 NORTH SHORE DR OWNERNAME B M JONES ft C A JONES taxpayer BRADLEY M JONES NAME/ADOR 1245 WOODHILL AVE WAYZATAMN 55391 38 0911723410009 PROPADDR 31 ADDRESS UN ASSIGNED OWNERNAME CHARLES ft BIRGITTA SCHOEN TAXPAYER CHARLES ft BIROnTA SCHOEN NAME/ADOR 2430 NORTH SHORE DR WAYZATAMN 55391 38 0911723420003 PROPADDR 2623 NORTH SHORE DR OWNERNAME BBUTZERftETBUTZER TAXPAYER BARTHOtOM EW/EUZAB ETH BUTZER NAME/ADOR 2625 NORTH SHORE DR WAYZATAMN 55391 I CERTIFY THATTHE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OFTHE HENNEPIN CGUNTY TAXPAYER SERVICE KPARTMENTt OFMY KNOWLEDGE AND BELIEF. ✓ T/\C DATWyl LOIU^ BY ^ ^ jcfiMPpin Hennepin County j| Ip ^ Services Department ■*'. * *- JL O 1/n Jl Pwc9t Infommtion I V • arMl ID 0911793410003 ItoiMO Nimilior 2548 StTMl NaniO NORTH SHORD DR . .. ^ *• •" TN$ Unot» l9g0tfr9conkiilrrmp. nnpn$imU$conv>iMk)noffntonnalk)n and data Oount/t and SM» road audwWaa andoihar aouroaa. I MiiftiTiiiiltifiti'lH'iiiliiiiii 11 tii ritfiii i I COi Date Appikaiioa Received: 06-22-CS Date Applkatioa CoasMered as Coaiplete: 06-29-0S 60-Day Review Period Expires: 00-29-05 M 2 5 2005 CITVOFORO/VO REQUEST FOR COUNCIL ACTION Date; July 19,2005 Item No. /O Department Approval: Name: Melanie Curtis ■ Administrator Approval:Agenda Section: Title: City Planner Item Description: #05-3133 - Bruce and Elizaoeth Nusbaum - 3480 North Shore Dr - Variances & CUP Zoning District: Lot Area: Lot Width: LR-IC, One Family Lakeshorc Residential, O.S acre/100 ’ 0.22 acre (9,568 s.f.) 50 ’ List of Exhibits: Exhibit A • PC Action Notice dated 07-20-05 Exhibit B • PC Memo & Exhibits of 06-30-05 Application Summary: The applicants are requesting a conditional use permit for an accessory structure on a through-lot, and the following variances in order to construct a detached garage: 1. A side setback variance for a 3.7’ side setback where 10’ is required, and 2. A rear yard setback variance for a 15’ rear yard setback where 30 ’ is normally required, and 3. A 75’ - 250 ’ zone hardcover variance for 30.8% hardcover where 25% is normally allowed and 30.2% was previously approved, and 4. A 250 ’ - 500 ’ zone hardcover variance for 41.8% hardcover where 30% is normally allowed and 46.3% was previously approved and 47.9% currently exists (due to 12 s.f. of hardcover added by the City when the Birch Lane was improved), and 5. A structural coverage variance to allow 1,750 s.f. or 18.2% where 1,500 s.f or 15.6% is normally allowed and 1,721 s.f or 18% was previously approved. 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 1 ’ 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 of440 s.f; and 3. Hardcover variances in order to support the new garage and driveway construction. 1 \ Plasahig Staff RccoaunciidalioB The applicants have requested that the Council review their original application and approve their original request. The Council should discuss the applicants* original proposal and the two Planning Commission recommendations and direct staff to draft a resolution reflecting Council’s decision. COUNat ACTION REQUESTED Direct staff to draft a Resolution for approval at the August 8"* Council Meeting. i IK • 4 • • .. r. •' - ■ V rA , -• •. V;v • 4^- :mmMm "'’'I '■»’* i'C ♦-V' i 4' ■v'-M'iy i: til f- ?-V* '. ‘ t, •*•* -t“** 'V- -r-:- y-<- • > •••• •': ; •■; W: CITY OF ORONO 2759 Kelley Parkway POB0X66 Cryital Bay, MN SS323 952.249.4600 ZONING FILE 05-3133 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: July 20,2005 TO: Bruce A Betsey Nusbaum 3480 North Shore Drive Wayzata, MN 55391 COPIES: TYPE OF REQUEST: Variaoces A CUP DATE OF MEETING: July 18,2005 Plauuiag Comuitosioii recommended 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 a minimum of 20* of driveway pavement be provided from the edge of Birch Lane; and 2. A 10 ’ side setback variance for a 1 'A story detached garage with a maximum footprint of440 s.f. -OR- a 5’ side setback for a single story (maximum 12 ’ in height) detached garage with a maximum footprint of440 s.f.; and 3. Hardcover variances in order to support the new garage and driveway construction. VOTE: 6 FOR 1 AGAINST • The dissenting Commissioner felt that the 10' side setback should be adhered to with the new structure. Applicant’s next scheduled meeting is confirmed as: CHy Coancll - July 25,2005 - Meeting starts at 7:00 pm If you desire certified copies of the official Plaiuiing Commission minutes, they arc available from the City Recorder after review and tqiproval by the Planning Commission. If you have questions, please call City Planner, Melanie Curtis at 952.249.4627. FILE #05-3133 30 June 2005 Page 1 of 5 Date AppHcaiioii Received: 06>22*05 Date Application Considered as Complete: 06'29-05 dO-Day Review Period Eipires: 08-29-05 To:Chair Rahn and Planning Commission Members Ron Moorse, City Administrator From: Date: Melanie Curtis, City Planner ^ [/ June 30.2005 Subject: 05-3133, Bruce & Hlizabeth Nusbaum, 3480 North Shore Drive, o Variances: Side Setback, Hardcover, Structural Coverage 0 Conditional Use Permit: Accessory Building on a Through Lot • Public Hearing Zoning Diitrkt: Lot Area: Lot Width: LR-IC, One Family Lakeehore Residential, 0.5 acre/100* 0.22 acre (9,568 s.f.) 50’ j^lieotion Summary: The applicants are requesting a conditional use permit for an accessory structure on a through-lot, and the following variances in order to construct a detached garage: 1. A side setback variance for a 3.7’ side setback where 10’ is required, and 2. A rear yard setback variance for a 15’ rear yard setback where 30’ is normally required, and 3. A 75 ’ - 250’ zone hardcover variance for 30.8% hardcover where 25% is normally allowed and 30.2% was previously approved, and 4. A 250’ - 500’ zone hardcover variance for 41.8% hardcover where 30% is normally allowed and 46.3% was previously approved and 47.9% currently exists (due to 12 s.f. of hardcover added by the City when the Birch Lane was improved), and 5. A structural coverage variance to allow 1,750 s.f. or 18.2% where 1,500 s.f. or 15.6% is normally allowed and 1,721 s.f. or 18% was previously approved. St^ff Recommendation: Planning Staff recommends approval of the hardcover variance for 30.8% hardcover where 30.2% was previously approved, approval of the rear yard and side yard setback variances as proposed and should the Planning Conunission find that a hardship exists with respect to the size of garage allowed a structural coverage variance to allow 18.2% where 18% was previously approved should be considered. —VriTiii ■ iiiirtniBfii FILE #05-3133 30 June 2005 Page 2 of 5 Pertinent Zoning Ordinance Sections Sec. 78-3S0. Area, height, lot width and yard requirements. (a) Height. No structure or building in the LR-IC district shall exceed 2 1/2 stories and shall not exceed 30 feet in height except as provided in section 78-1366. (b)Lots. The 1 bllowing minimum requirements shall be observed: Lot Afca (•etc) Ut Width (feet) Front Yard (feet)Side Yard (feet) Rear Yard (f t)Side Yard Adjacent to Street (Pcct) OS 100 30 10 30 15 Sec. 78-12881 Hard cover limitations. (b) Between 75 feet and 250 feet of the OH WL, there shal I be no greater than 25 percent hard cover. Between 250 feet and 500 feet of the 01IWL there shall be no greater than 30 percent hardcover. Between 500 feet and 1,000 feet of the OHWL there shall be no greater t! .an 35 percent hardcover. See. 78-1403. Lot coverage. In all zoning districts, for all lots of 0--1.99 acres in total area, the total combined footprint areas of all principal and accessory structures shall not exceed 15 percent of the lot area. Exception: Regardless of lot area, every developed lot shall be allowed at least 1,500 square feet of lot coverage by principal residence and garage structures. Sec. 78-1431. Accessory buildings and structures on through lots. All accessory buildings and structures on through lots located in R districts shall meet the following requirements: (1) The building or structure shall meet the principal builcUng setbacks that arc established under section 78-350(b). Sec. 78-1439. Garages. Accessory buildings which are for the storage of automobiles shall have the doors 30 feet or more from the property line when the doors face on a public alley or street. List of Exhibits A. Application B. Hanlship Documentation Form C. Existing & Proposed Survey/Site Plan D. Proposed Plans and Elevations E. Submitted Hardcover Calculations F. Aerial Photo G. City Engineer Comments H. Resolution 4274 I. Property Owners List J. Plat Map Background In 1999, the applicants received variances in order to construct a new home on their property. At that time, there were considerable drainage problems in the immediate neighborhood causing the applicants lot, home and garage to be repeatedly flooded. Tlie FILEiOS-3133 30 June 2005 Page 3 of 5 applicants wanted to rebuild their home, however, preferred to wait until Birch Lane ’s stormwater drainage issues were resolved by the City. Those issues were resolved over the winter of 2004-2005 with the installation of curb and gutter to manage the stormwater drainage. LOT ANALYSIS WORSHEET Lot Area/Wkith; LR-IC Lot Area Lot Width Required 21,780 s.f. (O.Sacte)100 ’ Actual 9,568 s.f. (0.22 acre)50’ Setbacks; Structural Coverage; Hardcover Calculations; LR-IC Required Existing Proposed Lake 75’156 ’(house)No change Rear 30 ’14 ’16 ’ East Side 10 ’10.4 ’ (house)No change West Side 10 ’3.7’3.7’ Average Lakeshore The detached garage will be located behind the average lakeshore setback line. Total Lot Area Total Structural Coverage 9,568 s.f. (0.22 acre)Allowed: 1,500 s.f. (15.6%) Previously Approved: (Resol. No. 4274) 1,721 s.f. (18%) Proposed: 1,750 s.f. (18.2%) Hanicover Zone Total Area laZoae Allowed Hardcover Existing Hardcover Proposed Haidcover Approved Hardcover Resol. 4274 0-75 2,163 s.f Os.f (0%) 35 s.f* (2%) 35 s.f (2%) 75-250 6,662 s.f 1,665.5 s.f (25%) 1,981 s.f* (29.7%) 2,055 s.f (30.8%) 2,012 s.f (30.2%) 250 - 500 743 s.f 223 s.f (30%) 356 s.f * (48%) 311 s.f (42%) 344 s.f (46.3%) ♦ After exc usion of fabric or plastic-lined landscape beds ConditioBal Use Permit Analysis The applicants ’ property is considered a through-lot. Construction of an accessory structure on through-lot must either meet the principal stnicture setback, qualifying for an administrative approval, or requires a conditional use permit. There is no way to locate i FILE *05-3133 30 June 2005 Page4ors the proposed garage on the property where the 30’ setback and the 10’ setback between structures can be met. The applicants have proposed to move the proposed garage 2’ further from the road than the existing garage in order to better facilitate parking a vehicle in the driveway. The applicants’ garage will not be out of character with the immediate neighborhood in the proposed location. Side Yard Setback Variance The applicants are proposing to construct the new garage at the same side yard setback as the existing garage, as the home was designed so that the entrance was visible along the garage from Birch Lane. There is a new home on the property to the west, which was relocated and alleviates the crowding issue which is shown on the survey regarding the side setback for the garage. Rear Yard Setback Variance The applicants are proposing to construct the new garage 2’ further from the street than the existing garage to accommodate the parking of a vehicle entirely within their property. There is not enough room to construct the garage meeting the rear yard setback of 30’ and have a 10’ setback between the house and garage. Hardcover Variance Hardcover variances were granted in 1999 in conjunction with the construction of the new home. At that time the applicants were required to remove a substantial amount of hardcover and cut 8.5 ’ off of the width of their detached garage. At this time the applicants are requesting a 0.6% increase in hardcover within the 7S’-2S0’ zone. They are moving the garage 2’ closer to the home to accommodate adequate parking, which causes an increase in the size of the driveway. There is no excess hardcover on the property that could be removed without compromising the functionality of the site. Structural Coverage Variance In April of 1999, the applicants received a structural coverage variance to allow 1,721 s.f. or 18% structure where 1,500 s.f. is normally allowed in order to build a new home on the property. At this time the applicants are requesting an increase in structural coverage to 1,750 or 18.2% to accommodate a more standard sized 22’x22 ’ detached garage. Hardship Statement Applicant has completed the Hardship Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Hardship Analysb In eonsUertng apptkathm for tmri&Hee, Ike PlennlHg Commtulon shatl consider Ike effect of Ike proposed voHance upon die keollk, sofely end welfere of Ike community, existing end anilcipoled traffic amdhions, llgkt and air, danger ^flre, risk to die public safety, and Ike effect on values of property In tke surrounding area. The Planning Commission skall consider recommending approval for variances from tke IHeral previsions of die Zoning Code In Instances wkere tketr strict enforcement would cause undue kardskip because ^ drcumstances unigne to Ike Individual property under consideration, and skall recommend approval only wken U Is demonstrated tkat suck actions will be In keeping wHk tke i j' t k FILE #05-3133 30Jun*2005 Page 5 of 5 MpirU mti iHteHt of the Orono Itmiot Code. With respect to the hardcover variance staff finds that the increase in the depth of the driveway is necessary to accommodate vehicle parking entirely within the applicants’ property, and to avoid a vehicle hanging off the driveway into the street. Should the applicants be required to meet a 10’ side yard setback for the detached garage? Requiring the side setbacks to be met would place the garage entirely in front of the home’s entrance to Birch Lane. There is no excess hardcover that can be removed. Issues for ConsMeratioii Are there any other issues or concerns with this application? Staff RccouMMOdation Planning Staff recommends approval of the hardcover variance for 30.8% hardcover where 30.2% was previously approved, approval of the rear yard and side yard setback variances as proposed and should the Planning Commission find that a hardship exists with respect to the size of garage allowed a structural coverage variance to allow 18.2% where 18% was previously approved should be considered. .—■— I City of Orono BjWUTA Variance Application '/V Street Address: 2750 Kelley Parkway Orono, MN 55356 V T-.' Main: 952-249-4600 fax: 652-249>4616 Melting Address. . P.O. fox 66 Crystal Bay, MN 55322-0066 Application# ^^3^35 Date Received:Yif^nss Amount Paid: /. . staff: Fee:$600 Renewal: $300 After-the-fect: $1,200 Double Fee This application form must be completed in foil. Applcant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: ,y . Site Address: /Jr^rHr bkPre Property Identification Number (PIN): (Attach legal description to application if not included on the survey.) Date Property Acquired (month/year): ______□ Yes, I own the adjacent parcels. Present use of property: l^iCesidential □ Other _______________________ Zoning District: _________________ APPLICANT INFORM/^TION: (Complete legal nares and marital status required for each interested party) Name: AJus Phone (home): W 7/-Q Phone (work): (95^ )H~7Z'5 ! oy' Address: 3*-/g^tP s\no^c, hnoe. MtO ' - • - Fax: ‘ 'Email: aoI OWNER INFORMATION: (Complete legal names and marital status required for each Interested party) Name: ___________________ Phone (home): Address: __ Email: Phone (work): Fax; DESCRIPTION OF REQUEST: Estimated Project Cost: $ Describe the request in detail (attach additional sheets if necessary): ______________ r.vM6 6 i»C 4 \I i i: *1 1' V: 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. Form 'WWI I IWI I I will! □ CertifiediPi:i&pFfy^0^re List - oWrierS: within 1 SOl^^e subject property, labels and plat map. □ Cornplefi|jj||i^()jg^cun[i^ List, labels and map rna/ be obtained from Hennepin County, Department of Finance, Government Cej]ter,,A-0O3 300 South 6 “’ Street, Minneapolis, telephone 612-348-5010^ □ Original CefFfflcdte of iSurvey? (signed by a licensed surveyor), meeting all the requirerequirements listed within this packet, including hardcover calculations. Also provide one copy 8.5" x 11" or 11 " X17" for reprodudjon.^ ___ □ Completed han|l^^^cul0t|pn;!W^ provided within the variance packet). □ Topographic survey - fnduding existing and proposed elevations. Provide one copy 8.5 ” x 11* or 11" X17" for reproduction. □ ^ketc|jj5|8jriplanj^ and elevation viewSi(provide one copy 8.5" x 11" or 11" x 17"). □ Additional iterns may oe requested by City Staff depending on the scope of the project. * APPLICANT ’S ACKNOWLEDGEMENT: The applicant hereby agrees to provide all information required or requested by the Planning Department, agrees to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses Incurred in review of this application and certifies that the information supplied is true and correct to the best of his/her knowledge. The applicant recognizes that he/she is solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit Applicant ’s Signature: /f Applicant's Signature: Date: Date: [pj ID OWNER’S ACKNOWLEDGEMENT: The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission & Council Members for purposes of investigation and verification of this request. Owner ’s Signature: Owner ’s Signature: Date: Date:r Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are normally held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant and advise the City Planner assigned to your project. o i O oo \ . V a . A ;I % V • k t- - « <i r. ex A *7, DATA PRIVACY ADVISORY In accordance \wlth M.S. 13.04, Subd. 2, "Rights of sut^cts of data", we would like to Inform you that your request for a permit or license from the City of Orono or any of Its departments may requite you to furnish certain private or confidential information. You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require ttiat the City deny the permit or license. 3. The infomnation may be shared with ottier local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under M.S. 13.04 (see following page) to review private data on yourself. 6. Your full name is required to process this application or permit. A/us First Middle Last Address _____/P/A/ City State SS2‘^I Phone I understanrliny. rights as stated *boy^ Signature i ii * %: 1r i •••■. i>. I 1 S ^•I ft L % e:» -- fr .* i i i > . y • » I ^~ \ .• * • ^ « • Sec. 1 3.04 RIGHTS OF SUBJECTS OF DATA Subdivision 1. Type of data. The rights of individual on whom the data is stored or to be stored shall be as set forth in this section. Subd. 2. Information required to be given individual. An individual asked to supply private or confidential data concerning himself shall be informed of: (a) the purpose and intended use of the requested data within the collecting state agency, political subdivision, or statewide system; (b) whether he may refuse or is legally required to supply the requested data; (c) any known consequence arising from his supplying or refusing to supply private or confidential data; and (d) the identity of other persons or entities authorized by state or federal law to receive the data. This requirement shall not apply when an individual is asked to supply investigative data, pursuant to section 13.82, subdivision 5, to a law enforcement officer. The commissioner of revenue mav place the notice required under this subdivision in the Individual Income tax or property tax refund instructions instead of on those forms. Subd. 3. Access to data by individual. Upon request to a responsible authority, an individual shall be informed whether he is the subject of stored data on individuals, and whether it is classified as public, private or confidential. Upon his further request, an individual who is the subject of stored private or public data on individuals shall be shown the data without any charge to him and, if he desires, shall be informed of the content and meaning of that data. After an individual has been shown the private data and informed of its meaning, the data need not be disclosed to him for six months thereafter unless a dispute or action pursuant to this section is pending or additional data on the individual has been collected or created. The responsible authority shall provide copies of the private or public data upon request by the individual subject of the data. The responsible authority may require the requesting person to pay the actual costs of making, certifying, and compiling the copies. The responsible authority shall comply immediately, if possible, with any request made pursuant to this subdivision, or ^hin five days of the date of the request, excluding Saturdays, Sundays and legal holidays, if immediate compliance is not possible. If he cannot comply with the request within that time, he shall so inform the individual, and may have an additional five days within which to comply with the request, excluding Saturdays, Sundays and legal holidays. Subd. 4. Procedure when data Is not accurate or complete. An individual may contest the accuracy or completeness of public or private data concerning himself. To exercise this right, an individual shall notify in writing the responsible authority describing the nature of the disagreement. The responsible authority shall within 30 days either: (a) correct the data found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or incomplete data, including recipients named by the individual; or (b) notify the individual that he believes the data to be correct. Data in dispute shall be disclosed only if the individual’s statement of disagreement is included with the disclosed data. The determination of the responsible authority may be appealed pursuant to the provisions of the administrative procedure act relating to contested cases. "7 /■ .<■ *^r 'i-\ • { i/v HARDSHIP DOCUMENTATION FORM Page 1 of3 This form is a required submittai for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statue Section 394.27, Subdivision 7 requires that a hardship be demonstrated in order for a variance to be granted. The hardship must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid hardships. In order for an application to be heard by the Planning Commission and City Council a hardship having merit must be demonstrated. HOW DO I PROVE A HARDSHIP? This form has 12 points outlining the basis City staff uses to determine if a hardship exists and how the variance wiil affect the surrounding community. To prove a hardship, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is Justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of these hardship criteria as they relate to the request (some may not apply): 1."The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls." , - ^hfn -Ar>rtyi/AJ jr~, _________________________ 2."The plight of the landowner is due to circumstances unique to his property not created by the landowner.". . , ^ "zayitHo /AAAj’h.. f a fk e uryt > tfyi/a 3. /■ «i> i9f? e i/i (TYI' dnco I'tyi / ^ •The variance, if granted, will not alter the Msentiai character of the locality." , A/n y/ ^/// A/07^ ^ "Economic considerations alone shall not constitute an undue hardship if reasonable um for the property exists under the terms of the Zoning Chapter." AJ:>^ ^cvfiQfn. SHy f'.f' /■// C c" ti' I » : I '¥J ri ■> i’- I ' iliHliiMihrtiatiriiihiiiiiiB ..... - t 7* t " r.»r.4 n i : 6 8. 9. 10. ii£j i > »s y;«u **f * ^ Page 2 of3 / s' •• « • ■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.” 1.^ ‘The Board of Appeals and Adjustments or the Council may not permit as a / Vvariance any use that is not permitted under this Chapter for property in the zone where the affected person's land is located.” 7>/ ‘The Board oi Council may permit as a variance the temporary use of a / one>family dwelling as a two-family dwelling ” ‘The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” _______//^/ /oYS A/gy)- r o j'/Ao'f tn / ^ ■The conditions do not apply generally to other land or structures in the district in which said land is locate^.” / / / / ■The granting of the application is necessary for the preservation and enjoyment of a substantial prop^ right of the applicant.” , > /jt/^ ufgu/ty //j^e "/g nii^ / Ji?£a 11. ‘The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning _________y/c € HO Y /?yy/(T/iC^ / JI o i O O 1 : f \mk. Page 3 of3 12."The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate dernonstrable h^ship or difficulty.''1 Au -h oJe^' A/re<^dJ ' / 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 neoessii^) rtt >ynf /1C?7^ -/a /c/ €' hutf-f" fiut hous^ // h/ /^itcA /«^yy^ /. 7/1-4 gift/-t7. ff) huil/iA> /fg>y /-<9 '/pf/?f^/i r^tse- 64i/£/ ^/9/e/^^^ Jo // /S i>44 ^ AfO 7^ . > -___________ c.f{ c ■; "1 Jy ■< V . ^ 4 \ A I i «. h s llSite • • V . V^. ■ .. ^ ■ r I - • >* ’ ' '_ '<#'. '^ 7'. ’ . . S ■,■• ■ , ' ■ '■ ■' '''^ :■ .! '' • 1- »- r >. iV. STANDARD SYMBOLS & CONVENTIONS- ” • " Denotes 1/2” ID pipe with plastic plug bearing State License Number 9235, set, unless otherwise noted. ] Ae ^ around them, while existing elevations are shown without a box. Arrows indicate the propose I hereby certify diat this plan, ^>ecificatioii, report or survey was prepared by me or under my direct supervision and that I am a licensed Professiraal Engineer and Professional Surveyor under the laws of the State of Minnesota. Qnimov °H ^m^s H. Parker P.E. & P.S. No. 9235 (D TCC^Q VJast Unc ^ West" ’T&c. ^ ipC_(» 0-WAo 5-^ ^fca^ Fw/2- H’T” %» 0 toi .Cl iee.4 • lOO.T- |0f. ©2. ■M o l .y G •nr * •• ■j) A ••• ’• • A.. • *. mm -'.;.',*v- •• :• • ••■-•■ • •'•->-■•-• 5(>aI f:PLL L fO £S jviV ■; I wYi* ■*• ^o^‘- • - l2ocI< V * ^ • *., ^ / . • ^ T. 'i* MttCUVTQMOIM tMUPLAMiMN NM NUSBAUM CLAgAfeE ui; lit" ■■ — ■: "•w: (?&0<AI| 3410 w. 5H*iatf S»3ll •» VCAU STi^UCtUgEg, (JlAiLjyiTTeh. J^C. • f'i fi- •. - ^ -• • ••. • ••• ! V; 'S m v«,. =.-!.•••'. 1^:'■T, vv <' ■ ■' " : ' fI . .*'t^ A 3- • -♦•i •• •♦< u.L ^ I-•r o b-1 s“ S? lJI % WI..M a<^ 9- C ^5 I »»«»♦«»—■»« . ......... •----i __ i ----- . •1 ^ ^l^fO^lpJAy 5LOf6 i/«avTTurt Mirt tfaTnii^Ml ■ i^l»T tfc II iTt imt ll^l<1Tl ^1 _^________4, ( . e?«ieir e HARDCOVER CALCULATION WORKSHEET riRCLEONE) (^75*^75-250'250-500* EXisnwc HAiinrovER in zone A. House ________ -- * Lmglh Width X X X B. Oerii^ C. Drivewiy X X D. Sidewilk X X E. Patic/Deck X X F. Landscape Underlaifi By Plastic X X X Q. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE + B ___X 100 panpnsEO HARPCQvgR in zone A. Home Length Width X X X B. Garage _ C. Driveway _X X D. Sidewalk X X E. PaikVDeck X X F. Landscape Underlain By Plasck G. Other X X X total HARDCOVER IN ZONE total property area IN ZONE * B ^ X 100 500-1000* S.F. S.F. S.F. S.F. S.F. S.F. S.F. 35 S.P. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. *? \ C.?,S.F. 2-Vk-% S.F. / S.F. •' rV S.F. ry S.F. S.F. S.F. •y S.F. S.F. V. ■ S.F. S.F. ¥S.F. fy / ■S.F. S.F. r-S.F. r> 0 S.F. 35 *SF. 'Llk>3 s.r JO n ' n 1 HARDCOVER CAU SETBACK ZONE: (CIRCLE ONE) 0-75* jncISTBUQ HARDCOVER IN ZONE A. House 5 I ^ .4-7^ B. Oarage C. Driveway 7^ 0. Sidewalk n 1 E Patio/Deck /5 r*r F. LaiKlscape Undertain ByPiastie O. Retaining Wells H. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTYARE^JN^E PROPOSED HARDCOVER IN ZONE A. House i-l2,.lS Lwioth ii.«^ -2. B. Garage C. Orivewey ('Ll 0. Sidewalk ?_3 1^ E. Patio^DMk / ^ F. Landscape Underlain ByPleslic 6. Retaining Walls H. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ^_ _ X X X X X X X ' X X X X ♦ B X X X X X X X X X X X TION WORKSHEET ♦ B ILl \-o /Z- y S Z7 WhSh/.7.':» / tj mm s B xioo B S S S S S ss 85 a x100 _S.F. / i'. V- z.“S.F. _S.F. _S.F. n S.F. r)_S.F. 7.1-S.F. _S.F. I • I ■ z . "S.F. •■•/r _S.F. S.F. S.F. I S.F. (?■-S.F. ry' _S.F. M81.3 S.F.A s Z9.7 I S.F.B______ 115--I.I5 _S.F. 1 V) >t F ^7-7 ' ^■ S.F.V. /•9'-l _S.F. <4lZ _c>.F.V* ». ' ^ ■ 13S.F. •'>I S.F. iz.S.F. •« . * ^L.I S.F.o .. /^. T irA S.F.7^ • *\I S.F. . .f'(7 S.F. r ,■"S.F. I S.F.4 • * ^ _S.F. f/''_ S.F. • Z05S3 S.F.A B % HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) O-TS’ 75-2S0* EXISTINQ HARDCOVER IN ZONE A. House Length X X B. Oarage C. Driveway X X D. SidewaR 5'X X E. PatioiDeck X X F. Lartdacape Underlain By Piaatio X X X O. Retaining Waiie H. Other TOTAL HARDCOVER iN ZONE TOTAL PROPERTY AREA iN ZONE A _ _ _ _ _ _ _ ♦ B PROPOSED HARDCOVER tN ZONE A House Ltngth X X B. Oarage C. Driveway l» LS y to' “T 2 ~x" (ll^M X X D. Sidewalk 4^7 X X E. PadoTOack X X F. Landscape Underlain By Plastic X X 0. Retaining Walis __ X X H. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A_____________B WhSh wMri I? ^ mm mm s XlOO s s —5> s 8 8 8 3 a x100 « •1 (7)S.F.('J C7 S.F. S.F. ? V ■ '0 i' Hn S.F. w S.F. 1 S.F.ij ^ /^.S.F. S.F.v‘. • S.F. - ’ n“- 0 * •r?S.F. / S.F.•d- • /S.F. S.F. j S.F.• • V { , '< A A .• r. ’/S.F.1rS.P. S.F. S.F. S.F. //i2.S.F. Y •o & a 77 S.F. S.F. ff)S.F. S.F. S.F. S.F.Cll (7 S.F. 3ii.^S.F. S.F. A 6 Exhibit F '*i'■%ls'\Ai I' 3 m U' >2 te^’ r VT* V T X n |f^\; ,n>-m >1 m- ■ ' j/u' • ^ - - ^ ■ r» • • klppr' vfeglS-\ PT5^;. v.M3^m«u'v - 3480 North Shore Dr Overview Map [i 1 = -I i 1/1 Bonestroo S=im Rosene Anderlik& Associates Engineers & Architects 2335 Ntlbst Highway 36 • St. Paul, MN 55113 0»ftce; 65I-636-4600 • Fax: 65I-636-I3II www.bonestroo.com JUl July 12,2005 c/rvo ^00} POftoNo Ms. Melanie Curtis Planner City of Orono Post Office Box 66 Crystal Bay, MN SS323 Re: 3480 North Shore Drive File No. O00139-OSOO(M) Plat No. 05-3133 Dear Melanie: We have reviewed the site plans dated June 17, 2005 for the proposed improvements to 3480 North Shore Drive. The site improvements include the removal of an existing detached garage and the construction of a new garage. We have the following comments with regards to engineering matters: The plan submitted had some hand written notes of relative existing and proposed elevations for the curb on Birch Lane and the new garage. The elevations noted will result in a driveway grade of about 5% sloping from the garage to Birch Lane and appear to be acceptable. There will be some minor site grading necessary once the new garage is constructed. Care should be taken when final grading so that water is discharged either towards Birch Lane or to the swale west of the existing home on the property. It would be highly beneficial to put gutters and downspouts on the new garage to direct all roof drainage towards Birch Lane. If you have any questions please call me at (651) 604-4863. Yours very truly. BONESTROO, ROSENE, ANDERLiK & ASSOCIATES, INC. Tom Kellogg Cc: Oreg Gappa, City of Orono St Paul. St Cloud. Rochester, MN • Milwaukee. Wl • Chicago. R Aciloiii/C^iial O^ortunlty employer Ofxf Imployoo Owned 1 ‘ J GlTYofORONO RESOLUTION OF THE CITY COUNCIL NO. ___4‘‘^ ‘^“1 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISIONS 14 (C) AND 9 (B); SECTION 10.22, SUBDIVISION 2; SECTION 10.56, SUBDIVISIONS 16 (C) (6) AND (L) (2); AND SECTION 10.25, SUBDIVISION 6 (B) FILE #2468 WHEREAS, Elizabeth Nusbaum and Bruce Nusbaum (hereinafter "tne applicants") are owners of the property located at 3480 North Shore Drive within the City of Orono (hereinafter "City") and legally described as follows; Lots 2, Block 3, Baldur Park, Hennepin County, Minnesota (hereinafter "the properly"); and WHEREAS, after due published notice and mailed notice in accordance with MinnesotH Statutes and the City of Orono Zoning and Plaiming Codes, the Orono Planning Commission held public hearings on March IS, 1999 and April 19, 1999, at which ti-nes all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2): to allow 2,012 sq. ft. (30.2%) of hardcover in the 75-250* lakeshore setback, where 2,965 sq. ft. (45%) exists a^ 1,663.5 sq. ft. (25%) is allowed, and to aliow 344 sq. ft. (46.3%) of hardcover in the 250-500* lakeshore setback, where 670 sq. ft. (90%) exists and 222.9 sq. ft. (30%) is allowed; Section 10.03, Subdivision 14 (C); to allow 1,721 s*q. ft. (18.0%) structure, where 1,687 sq. ft. (17.6%) exists and 1,500 sq. ft. is allowed; Section 10.25, Subdivision 6 (B); to allow new construction on a lot that does not meet minemum lot rea and lot width for the LR- IC Zoning District; Section 10.03, Subdivision 9 (B); to allow the accessory structure (garage) to renv* on the property while the existing principal building is removed; and Section 10.56, Subdivision 16 (C) (6) to permit an encroachment within the average lakeshore setback to permit constniction of a new residence on the lot. Minnesota NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Page 1 of 5 Km CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO.4 fl: K‘ /•■ 1. 2. 3. mm ! •■•I ‘ .'.' ,• ■V.:'vV-;v-;...:r ;i . v-'- •<••■: / n Mi. FEWmCS This application was reviewed as Zoning File #2468. The property is located in the LR-IC Zoning District, where 1/2 acre or 21,780 sq. ft. is the ininimum lot area. The property consists of .22 acre or 9,560 sq. ft. The Planning Commission reviewed this application on April 19, 1999 and recommended approval on a vote of 4 to 2. 4. The Planning Commission made the following findings of fact; A. B. The lot is provided with sanitary sewer service. North Shore Drive is platted through the applicants' propety. One side of the property is located on Lake Nfinnetonka (vacant) and the house is located across North Shore Drive. The entire lot is combined into one tax parcel. The platted right-of-way for North Shore Drive is dedicated to Hennepin County and is not included in the lot area calculation for hardcover or structure. C. D. E. Hardcover on the lot will be decreased substantially. Structure will not be increased beyond what is existing on the property. The curb cut on Birch Lane is 44 sq. ft. It will be reduced to meet the maximum allowed by the City (20') The proposed location of the house is beyond the 75' requited for structure from the lakeshore of Lake Minnetonka. G.The existing house is located on the east property line. The new structure will be located within the setbacks established for the zoning district. Page 2 of 5 . i yiii GlTYofORONO RESOLUTION OF THE CITY COUNCIL NO. 4 9 Additional structure has been requested for living space due to the high water table in the area that prevents the lot from accommodating a basement. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONO^USIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2): to allow 2,012 sq. ft. (30.2%) of hardcover in the 75-250' lakeshore setback, where 2,965 sq. ft. (45%) exists and 1,663.5 sq. ft. (25%) is allowed, and to allow 344 sq. ft. (46.3%) of hardcover in the 250-500' lakeshore setback, where 670 sq ft. (90%) exists and 222.9 sq. ft. (30%) is allowed; Section 10.03, Subdivision 14 (C): to allow 1,721 sq. ft. (IS.W'i) structure, where 1,687 sq. ft. (17.6%) exiits and 1,500 sq. ft. is allowed. Section 10.25, Subdivision 6 (B); to allow new construction on a lot that does not meet minimum lot area and lot width for the LR-IC Zoning District; Section 10.03, Subdivision 9 (B): to allow the accessory structure (garage) to remain on the property while the existing principal building is removed; and Section 10.56, Subdivision 16 (C) (6) to permit an encroachment within the average lakeshore setback to permit construction of a new residence on the lot. Approval was subject to he following conditions; 1.The Planning Commission will not look favorably on variance requests for additional hardcover or structure in the future. Page 3 ofS GITYofORONO RESOLUTION OF THE CITY COUNCIL NO. 4k V i applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (April 26, 2000). 3.Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4.The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. V. ' Adopted by the Orono City Council on this 26th day of April, 1999. Gabridl^ Jabbour, Mayoa^ STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 26th day of April, 1999, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. 3ssaa«es3j ft MARY ANN JOHNSON n (.f»»fl3 IIOtIWYPUeUC-MINNESOTA lAf CQmnMon beiniJin. 31,2000 w—aage 7i." ■ .m i Notary' Public < Page 4 of 5 4 M GITYofORONO RESOLUTION OF THE CITY COUNCIL NO. d 9 'y 4 STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) OnthiSvi^fA day of /)]w« »—_j w. ,,, „ __________, 199^ before me a Not^ Public within and for said county, personally appeared f A'oSb ciMoi nnd i^Kinct known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. (^7trU >T/uixfuBLIC // ~ M MARY ANN JOHNSON NOTMVnflUC-lliNNQOTA r,, MliOoaniiilonEielntXn.31.2000 aageeaei«g«y.r ■"— NOTARX^UBLIC STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this diyof ^ 199__ before me a Notary Public within and f:r irid covrty, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 5 of 5 » • ♦ 7 - i i m.•r ^ ' 7144549 \\^ irricf or r.oi;Hrr rxcoaocR •.tIiSEl’Ifl C- j:;IY.»iliiKcSOTA CTt'.Ii^'vO ni.C3 AK3 OR ntCl.'i'yuli o:i 53JUL 13 Pi) 1-25 RESOLUTION # 4 2 *2' 8oV V9 ( STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO ) ) ) ) ) I, Linda S. Vee, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compart the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on_____April 26. 1999 ____, and that the same is a true and correct copy of said resolution duly adopted by said City Council at said meeting. 30th day of I In Witness Whereof, I have hereunto set my hand and seal this April 19_2i_. V , • • -I ♦ • .r ;*ii yf. Linda S. Vee, City Clerk , r •• • I .M t * • (SEAL) ii* 0^ ft'-J 1 i m^'sm MM k - RUNbATE:«lVM» 38 0811723430001 niOPAOM 3470 BIRCH LA OWNERNAME TWBERNARDALKBERNARD TAXPAYER THOMAS W BERNARD NAME/ADDR 3470 BIRCH LA WAYZATAMN SS39I 38 0811723430008 PROPADOR 3SI0 NORTHSHOREDR OWNERNAME M ALATIERNERACMLATTERNER TAXPAYER MICHAEL A KIMBERLY LATTERNER NAME/ADDR 3SI0 NORTH SHORE DR WAYZATAMN 35391 38 0811723430014 PROPADOR 3490 NORTH SHORE DR OWNERNAME X3HNRJONES TAXPAYER JOHN R JONES NAME/ADOR 3490 NORTH SHORE DR WAYZATAMN SS39I 38 0811723430024 PROPADOR 3448 NORTH SHORE DR OWNERNAME JAMERLER TAXPAYER JAMES A MARY ERLER NAME/ADOR 3448 NORTH SHORE DR WAYZATAMN SS39I 38 0811723430027 PROPADOR 34MBIRCHLA OWNERNAME DSADKBN3VALSON TAXPAYER NAME/ADOR DOUGLAS A DEBORAH INOVALSCm 3440 BIRCH LA WAYZATAMN 33391 HB4NEP1N COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 0811723430002 PROP ADOR 3490 BIRCH LA OWNERNAME ELIUEQUISTASUUEQUIST TAXPAYER ERIC J A SHELLY R LIUEQUIST NAME/ADOR 3490 BIRCH LA WAYZATAMN 33391 38 0811723430003 PROPADOR 1448 BALOURPARKRD OWNER NAME J H A M R LAWRENCE TAXPAYER JAY H A MARUS R LAWRENCE NAME/ADDR >448 BALDUR PARK RD WAYZATAMN 55391 38 0811723430012 PROPADOR 3470 NORTH SHORE DR OWNERNAME HAROLD J BROUELLET te TAXPAYER HAROLD J BROUELLETTE 3470 NORTH SHORE DR WAYZATAMN 33391 NAME/ADDU 38 0811733430013 PROP ADDR 3480 NORTH SHORE DR OWNERNAME BRUCE A NUSBAUM TAXPAYER BRUCE A NUSBAUM NAME/ADDR 3480 NORTH SHORE DR WAYZAfAMN 55391 38 0811723430013 PROPADOR 3498 NORTH SHORE DR OWNERNAME K H CARLSON AD LCARLSON TA3CPAYER KENTON H A DIANE L CARLSON NAME/ADOR 3498 NORTH SHORE OR WAYZATAMN 33391 38 0811723430023 PROPADOR 3450 BIRCHU OWNERNAME ERENOLERABENCLER TAXPAYER EDWARD R A BONNIE ENCLER NAME/ADOR 3450 BIRCH LA WAYZATAMN 55391 38 0811723430023 PROPADOR 3451 NORTH SHORE DR OWNERNAME MCUNDBLOOMADUNOBLOOM TAXPAYER dean A MARY UNDBLOOM NAME/ADDR 3438 NORTH SHORE DR WAYZATAMN 33391 38 0811723430026 PROP ADDR 3460 NORTH SHORE DR OWNERNAME RONALD TRUMAN CLOUD TAXPAYER RONALD TRUMAN CLOUD NAME/ADDR 3460 NORTH SHORE DR WAYZATAMN 55391 38 0811723430028 PROPADOR 38 ADDRESSUNASSIONED OWNERNAME HENNEPD4 FORFEITED LAND TAXPAYER CmrOf ORONO NAME/ADDR POBOX66 CRYSTAL BAY MN 55323 I CERTIFY THATTHE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFCmMAHON AS IT APPEARS THIS DATE ON THE RECORDS OFTHE HENNEPIN COUNTY TAXPAYER SI OF MY KNOWLEDGE AND BELIEF. DATEW PACE:I % ^t^;ihennepln County' Tmpayer Services Department laei" o -•■ { : •.» y ^7»'.-'i •.'* ■ ■■ s' ', •■ rr c-J ITr^ ' ;» It. ‘*e* . -, *»» , ‘ ^;.v PafO«l ID 0811723430013 Noum Numbrnr 3400 MpmI Nmm NORTH ONORB DR Thi8 iB fM § i$Q§ty f900fd§d tfMp. itfWpfWBBnttBcotffpHBtiofiofMonfwUon tnt/dak^omCMy, Oounfy,andSlat9romlmithoritlMan(lolhtf§ourc9». _______ Dite AppHcatioi Received: 6-224iS Dete ApplkatioR Coniidered n Complete: 7-d-OS <d>Dey Review Period Eipires: 9<4-0S COH m^h ••ecTII^Q JUL 2 5 2005 CITYOFORONO REQUEST FOR COUNCIL ACTION Date: July 21,2005 Item No.: (| DcparloieBt Approval:Administrator Approval: Name: Janice Oundlach2^ Title: City Planner Agenda Section: Zoning Item Deacription: #05-3137, Robert A Victoria Jaffray, 540 Barrett Avenue, Variance, Resolution Zoning District: Lot Area: Lot Width: RR- IB, One Family Rural Residential District (2 acre min.) 0.45 acres (19,422 s.f.) 150 feet (200 ’ required) List of Exhibits A - Resolution per Planning Commission Recommendation B - PC Action Notice 7-19-05 C - PC Memo and Exhibits of 7-13-05 AppUemtion Summary: Ai^licant requests the following variance in order to construct a garage addition onto the existing home including a screen porch above the easterly 20* x 15.5 ’ of the addition and a covered entry; 1. Front yard setback variance to permit a front yard setback of 22.8 ’ where 50’ is normally required, approximately 23 ’ currently exists, and 25 ’ was pneviously approved. Pfauuihig Commission Recommendation The Planning Commission voted 7-0 to approve the front yard setback request at 23 feet where 50 feet is normally required as only a minw actional encroachment results at that setback due to the angling of the home. Staff Recommendation Approval per the attached Resolution. COUNCIL ACTION REQUESTED Adopt the atfeched Resolution granting a front yard setback variance for 540 Barrett Avenue. A RESOLUTION GRANTING A FRONT YARD SETBACK VARIANCE TO MUNICIPAL ZONING CODE SECTION 78-420 (B) FILE NO. 05-3137 WHEREAS, Robert T. Jaf&ay and Victoria H. Jaffhiy, husband and wife (hereinafter “the ^)plicants“) are the owners of the property located at 540 Barrett Avenue within the City of Orono (hereinafter the “City") and legally described as follows: Lots 19.20 and 21. Block 14, MINNETONKA BLUFFS. Hennepin County, Minnesota (hereinafter the “property"); and WHEREAS, the applicant has made application to the City of Orono for a front yard setback variance per (>ono Municipal inning Code Section 78-420 (B) to permit construction of a garage addition onto tlw existing home including a screen porch above the easterly 20 ’ x IS.S’ of the addition to be located 22.8 ’ from the front lot line where a 50’ setback is normally required, and a covered entry. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. 2. This qq)lication was reviewed as Zoning File OS-3137. The property is located in the RR -> IB, Zoning District which requires a minimum lot area of 2.0 acres and a minimum lot width of 200 feet. The applicant’s property is 0.4S acres in area and 1 SO feet in width. 3.The Planning Commission reviewed this application at a public hearing held on July 18, 200S and recommended ai^roval of the front yard setback variance based on the following findings: Page 1 of 5 ki 4. 5. a. While the 1992 and 1995 variances approved a front yard setback of 25 feet, the 23 feet that exists today was unintentional. b. The proposal includes no hirther measurable encroachment to the existing fixmt yard of Barrett Avenue, and will have no negative impacts to the neighborhood. c. All other Zoning Ordiiumce requirements with respect to structural coverage, side and rear yard setbacks, and building height are met. The property is not located within a hardcover zone. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the iqiplicant and the public, and the effect of the proposed variance on the health, safety and welfare of the community. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the iqjplicants, 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. CONCL USIONS, ORDER AND CONDITIONS Baaed upon one or more of the above findings, the Orono City Council hereby grants a front yard setback variance per Orono Municipal Zoning Code Section 78-420 (B) to permit construction of a garage addition onto the existing home including a screen porch above the easterly 20’ x 15.5 ’ of the addition to be located 22.8’ from the front lot line where a 50 ’ aetbink is normally required, and a covered entry, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibit A. Any Page 2 of 5 I ^ .!; amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. The shed located in the northeastern comer of the site shall be removed. 3. Authorities granted by this resolution run with the property not with the applicants, but are permissive <mly and must be exercised by obtaining a building pomit for the new construction within one year of the date of Council approval, or the variance will expire on that date (July 25,2006). 4. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned aj^licants have read, understand and hereby agree to the terms of this resolution and on behalf of the applicants and the fq>plicants’ heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of die property. Adopted by the Orono City Council on the 25"' day of July, 2005. ATTEST: % .V. - > Linda S. Vee, City Clerk Property Owna(s) jf, Barbara A. Peterson, Mayor Page 3 of5 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 Cleric of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page4of5 ■j STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this__day of _ by Robert T. Jafhay, husband of Victoria H. Jaffray, husband and wife. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this__day of. by Victmia H. Jaffiay, wife of Robert T. Jafiray, husband and wife. Notary Public yz: V %■ ■ ■ y 7.:/ V -V * j 1 J Pages of S .2005 .,2005 L«. S 88»43' 00" E 129.48 S o**' ___1 PROPOSED DRIVEWAY ’ 3 S ^ •:a ; 1 •^ EXISTING 1 lii ' (m ^ f i t 5> HOUSE #540 >r f AoomoN sj .J ____L___ 18 oo / 1 k CITY OF ORONO 27S0 Kelley Parkway P.O. Box 66 Crystal Bay, MN SS323 (9S2) 24SM600 ZONING FILE: 05-3137 NOTICE OF PLANNING COMIVIISSION ACTION DATE OF NOTICE: July 19,2005 TO:Robert & Victoria Jaflray 540 Barrett Avenue Wayzata, MN 55391 COPIES: TYPE OF APPLICATION:Front Yard Setback Variance DATE OF MEETING: July 1 8,2005 Plaanfaig CommitsloB recommended as follows: To approve a front yard setback variance at 23’ as requested. VOTE:FOR AGAINST i^rplicant'5 next scheduled meeting is conflrmed as: City Connell - Monday, Jnly 2S, 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 Ae City Recorder after review and approval by the Plarming Commission or Council. If you have questions, please call City Planner Janice Gundlach at 952-249-4623. wm■m'rMm.im se.*9: 4 . NOS-3137 July I8.200S Pags I of 3 Date Appikatlon Received: 6-22>4S Date ApplicatiM ComMered as Complete: 7*6-05 60-Day Review Period Eipires: 9-4-05 To: Chair Rahn and Planning Commission Members Ron Moorse, City Administrator From: Janice Gundlach, City Plannei^ Date: July 13.2005 Subject: 05*3137, Robert & Victoria Jaffray, 540 Barrett Avenue, Front Yard Setback Variance, Public Hearing Zouing District: Lot Area: Lot Width: RR- IB, One Family Rural Residential District (2 acre min.) 0.45 acres (19,422 s.f.) 150 feet (200’ required) j^ipiieatioti Stmumry: Applicant requests the following variance in order to construct a garage addition onto die existing home including a screen porch above the easterly 20’ x 15.5’ of the addition: 1. Front yard setback variance to permit a front yard setback of 23’ where 50’ is _____normally required, 23’ currently exists, and 25’ was previously approved. Recommendatkm: Staff recommends approval of a front yard setback variance that would maintain a 25’ setback fix>m Barrett Avenue, which would require that applicant revised the proposed plans shifting the addition 2’ to the east.____________________ PertiMBt Zouing Ordinance Sections Sec. 78*420. Area, height, lot width and yard requirements. Lot Am (acres)Lot Width (feet)Front Yard (foot)Side Yard (feet)Side Yard Adjacent to Street (feel) Rear Yard (feet) 2 200 SO 30 50 50 (Code 1984, § 10.28(5)) List of Exhibits Exhibit A - Applications Exhibit B - Hardship Documentation Form Exhibit C - Full Site Survey Exhibit D - Existing & Proposed Survey Exhibit E - Proposed Floor Plans Exhibit F - Proposed Elevation Views Exhibit G - Photographs Exhibit H - Aerial Photograph Exhibit I - Illustration Showing 25’ Setback Exhibit J - Property Owners List Exhibit K - Plat Map M>S-3I37 July 18,2003 Page 2 of 3 Background This property has received variances in 1992 and 1999 to allow an addition (1992) and dormers (19^) at a 25* setback when 50* is normally required. The applicant has met with staff to discuss his desire to construct additions to the home that would allow a more usable garage to accommodate mid-sized vehicles and also to achieve a screened porch. Staff has directed to applicant to pursue a design that would not encroach any further than the existing front yard setback, based on the two previously approved variance requests. Staff has discovered, however that the previously approved 1992 and 1999 variances found the setback to be 25* from Barrett Avenue and the survey submitted with this request shows a 23* setback from Barrett Avenue at the most northwestern point. Staff concludes that the previously approved variances did not take into consideration that the house does not sit square on the lot, rather angled north - northwest or the addition was constructed at the 23* setback accidentally. Whatever the case, the actual setback requested is 23* when 23* currently exists and 25* was previously approved. LOT ANALYSIS WORKSHEET Lot AreaAVidth RR-IB Lot Area Lot Width Required 87,120 s.f. (2.0 acres)200* Actual 19,422 s.f. (0.45 acres)150* Setbacks RR-IB Required ExistiBg Proposed Front 50*23*23* Rear 50*79*58* Left Side (north)30*49*44* Right Side (south)30*58*No further encroachment Total Lot Area Total Structural Coverage 19,422 s.f. (0.45 acres)Allowed: 2,913 s.f. (15%) Proposed: 1,790 s.f. (9.2%) Froat Yard Setback Variaace The applicttit has proposed a 5* addition to the existing tuck-under style garage to allow more Imgth to the exiirting two stalls and also a 20* x 15.5* tuck-under garage addition to h li M5-3IJ7 July IS.200S PageJofJ the east of the existing garage with a screen porch above. Both the existing and proposed garages are and will be accessed from the north. The applicant is also proposing a 6.5 ’ x 10.5 ’ screened entry way on the east side of the home, which also doesn ’t meet a 50 ’ front yard setback but is located on the opposite side of the house. The existing shed located in the northeastern comer will be removed. Hardship Statcaent Applicant has provided a brief hardship statement in Exhibit B, and should be asked for additional testimony regarding the application. Hardship Analysis /a etmaUvktg appikthm f0r variance, tke Planning Commission shaii consider ike effect of the prapaaed variance npon tke keahk, safety and welfare of die commnnliy, existing and anticipated tr^B^ eandmons, llgkt and air, danger tfflre, risk to the pnbik spfety, and die effect on vainesof properly In the snrranndlng area. Tke Hanning Commission shall consider recommending approval for variances fiam tke Hterai provisions of tke Zoning Code in Instances where their strict ettforeement wonU canse nndne hardship hecanse of circnmstances nnique to the Individual property under consideration, and shall recommend i^roval only when It Is demonstrated that such aedaus wm he In keeping with the spirit and Intent of the Orono Zoning Code. Staff finds that the placement of the existing house fiom the front lot line and topography calling for a tuck*under style garage creates a hardship to warrant approval of a front yard setback. However, the applicant should be held to the 25 ’ setback previously approved as the proposed plans can Iw shifted 2’ to the east without changing the design. This would be a consistent recommendation based on similar applications where homes do not site exactly parallel to the lot line. Because the garage portion of the addition doesn ’t start until 4.5 ’ in, the need to lengthen the existing garage will not be impacted (see Exhibit H &I). The Planning Commission may however, discuss the fact that the previously approved variance at 25 ’ doesn ’t exist today as the setback was either measured vm>ng with the previous iqiplication or this part of the home was constructed whereby not meeting a 25 ’ setback. Technically, the applicant is getting only a tenth or so of a foot closer to Barrett Avenue. Issues for ConsMcratlon 1. Should the addition be moved 2’ to the east to maintain the previously approved 25 ’ setback even though the existing setback is 23’7 2. Are there any otl^er issues or concerns v^th this application? Staff Rccomncadatiou Staff recommends approval of a front yard setback variance that would maintain a 25 ’ setback fiom Barrett Avenue, which would require that applicant revised the proposed plans shifting the addition 2’ to the east City of Orono Variance Application Street Addnss: 2750 Kelley Parkway Orono, MN 55356 Application# 09-3)37 UlMlir: Main: 952-249-4600 fax: 952-249-4616 MaUIr^ Address: . P.O. Box 66 Crystal Bay, MN 55323-0066 Date Received: la - tZ -oC Amount Paid: i aOO> oo Staff: Fee: $600 Renewal: $300 After-the-fact: $1,200 Double Fee This application form must be completed in full. Applcant will be notified within 15 days as to the status of the application. Incomplete applications wiil not be piaced on Pianning Commission Agendas. PROPERTY INFORMATION: Site Address; Property Identification Number (PIN): 1/7- 3f -OO'fC. (Attach legal description to application if not included on the survey.) Date Property Acquired (m^h/year): 'shs 0^Yes, I own the adjacent parcels. Present use of property; ET Residential □ Other Zoning District; - / /5 ’ APPLICANT INFORMATION: (Completa legal nares and marital status required for each interested party) Nani®: KoftfcA-T ^ - - Phone (home); ________Phone (work): </ 75-- 24^7 9 •S'io T" .Address Email:Fax: <=isZ ’- ) OWNER INTORMATION: (Complete legal names a.-id marital status required for each interested party) Name; ^ Phone (home); Address: ___ Email: Phone (work); Fax; DESCRIPTION OF REQUEST: Estimated Project Cost: $ S^iOe:^ D^cribe the request in detail (attach additional sheets If necessary); —^4olu-.g :Sc>* *0 U Cst /LerK ' * (5 ajxii*d^nni REQUIRED SUBMITTALS: All of the following Information must be submitted by the application deadline date in order for your application to be processed. 0^ Pre-Application Meeting Form, completed by a City Planner. ^ Completed Application Form a 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, H Government Center, A-603 300 South 6“’ Street, Minneapolis, telephone 612-348-5910 * 0 Original Certificate of Survey (signed by a licensed surveyor), meeting all the requirements listed within this packet, including hardcover calculations. Also provide one copy 8.5" x 11" or 1 r X17" for reproduction. ■ □ Completed hardcover calculation worksheets (as provided within the variance packet). L □ Topographic survey - including existing and proposed elevations. Provide one copy 8.5" x 11" or 11" X 17" for reproduction. ET Sketches or plans of floor and elevation views (provide one copy 8.5" xH"or11"x 17"). □ Additional items may be requested by City Staff depending on the scope of the project." APPLICANT’S ACKNOWLEDGEMENT: The applicant hereby agrees to provide all Information required or requested by the Planning Department, agrees to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application and certifies that the information supplied is true and correct to the best of his/her knowledge. The applicant recognizes that he/she is solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it Is complete or to recommend the request for denial of the request regardless of its potential merit Applicant's Signature: Applicant’s Signature: fecU- J -r^H Date: Date: OWNER’S ACKNOWLEDGEMENT: The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents. Commission & Council Members for purposes of investigation and verification of this request. Owner ’s Signature: Owner's Signature: 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. Ml 4 j5SS»- City of Orono Pre>Application Meeting Form (This form is to be completed by a City Planner during your pre-appiication meeting.*) ^metAddnaa: 2750 KeHey Parkway Orono, MN 5S3S6 Main; 952-249-4600 Fax: 952-249-4616 MaBIng Addreaa: P.O. Box 66 Crystal Bay, MN 55323-0066 For Office Use Only; City Planner k JAN/CE Meeting Date/Time: tJ2f PC Date: JUI)/ \Miat Im th9 purpos0 of a pn-applieation meeting? 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: WD _____________ Property Identification Nuniber (PIN): 7)^“ Zoning District: jgjg -!Pi Size of Property: ^ n. ^0 s.-f. DESCRIPTION OP REQUEST: □ Average Setback □ Side Yard Setback □ Rear Yard Setback ^^Front Yard Setback □ Hardcover □ Lot Coverage □ Lot Area □ Lot Width □ Other: 7^* tJhot <rr)' is rednf !la PkKi^ - aJI b'fhiy uJill M mt-h. Applicant's.^^ HARDSHIP: Applicant has received the Hardship Documentation Form, Initials: K\ 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 *Ploase note: Your variance application will NOT be accepted without a pre-application meeting during which this form will be completed by City staff. Applicant Signature:Date; M,-.; r* (s. j jl Page 1 of3 HARDSHIP DOCUMENTATION FORM This form is a required submittai for ALL variance appiications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statue Sectiqn 394.27, Subdivision 7 requires that a hardship be demonstrated in order for a variance tq^b^ranted. The hardship must be unique to the property as variances run with the lahd'and not the land owner. Personal and economic situatlona are not considered valid hardships. In order for an application to be heard by the Planning Commission and City Council a hardship having merit must be demonstrated. ♦••►••pi. HOW DO 1 PROVE A HARDSHIP? This form has 12 points outlining the basis City staff uses to determine if a hardship exists and how the variance will affect the surrounding community. To prove a hardship, address ail the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is Justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. m 1 Please address each of these hardship criteria as they relate lo the request (some may not apply); 1."The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls.” Of ■ i' if j '/A-T f / fw » LL.hn.(sto A 2.‘The plight of the landowner is due to circumstances unique to his property not created by the landowner.” « '7^ /')t‘/ct.r>/' 3.‘The variance, if granted, will not alter the essential character of the locality.” TA*. 5s.' tvt)i A> iit/» n 'tk jrj t'Ct'f', h'^ AAe.en f. Iw* /v/b UJV Economic considerations alone shall not constitute an undue hardship if esMonabie use for the property exists under the temis of the Zoning Chapter. loi Of dW -fic/ '<1 Page 2 of 3 •Undue hardship also includes, but Is not limited to. Inadequate access to direct sunlight for solar energy systems. Variances shall be granted tor earth sheltered construction as defined in Minnesota Statutes. Section 116J.06. Subd. 2. when in haj^ony with this Chapter.” m ^ . 8. 9. '■ 11 f •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 wher^the affected person's land is located." •The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.” _______________________________________ ______________________________________________________ ■The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” ^ , r^v"* '’CiZ tT» r k *' •The conditions do not apply generally to other land or structures in the district in which said land Is located.” •The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” ^ ^ i C'f \/iy ,'t '‘Zuc • r r ;______________________________________A m/\ c< II./ *T ‘"tn C^-7 ■- r. cr. • .a,"-*’' -* ■ 1* <1 * •<•.'>1- ”The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. ''I'.’vp M- r'i‘ - P. ■ > • ■ ^ _______ f...■J i*.. *c-/*i*r ‘ A'.** C i*. • 4 t L. J ‘ >r • f' [S I Page 3 of3 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty.” rCeoAg lO» _________________________________ Hardship Statement Slwuld 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); r/] H /; '-■I.., I*V I • i i ‘.i. •• n I: n (f i f: If.'-- i; w & iz; > W <1 PQ EACH OF tuesG urrs AS SSFEAAte fA< pKfUietS f&oT Wl U)TS S 88®43' 00'^ E • i 129.48 PROPOSED DRIVEWAY • ^ ^ «3 1 i EXISTING 1 lii ’ 104 f 4 i 5> HOUSE" #540 > W f tSS ^ ^ J44. ^ AOOmON I Is J ■V -2 tr^BTfc Co9 7^ ptf ctHi^ rr^ Ui0 0*»K9 ’1'^ =H" L<rwCR L!!.VC4^ |*U«>R pLAH i LON»jDR LSVt>L l*Lx>R pLAl t 1 A------B I- i R ':n u J lit:::: r /Moi^ - PUK^UNi^ dCUW-^ HAIM L^V^U pfl»«.p>UAH ■Si’’'' ■.' : -ft ■},■>;. •• ' ia«Mi . —- ::,,.v%:<.v-':VS!:,;.t-; .•/..V ■ ■ - ••■'' '• Jis^. h- mm- •VV- • V:^7-V^*iV’.^-/--:fV:' ; . 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H HOUSE #540 Waoeoc TO BE REMOVCO 1+---------------1 ^---------- JL-TI ZI . _ ^ lu^ rfAHjr -j___ f $ I l^&^UXM, f fS I urc f»i»- — -IT"— IIjTZ-" :jr~r::zr~::zi:r'zii C.'iK fufvtitelt t •,t - i^Nt' U0 H4M* P>^^€y loOV/CR LSVtL I'UoR pI>I I r«5TI<: 2# C9 t4i^ ni MmOATE:«B«05 31 0211723310003 ntOPADDR 340 ORONOORCHARDRDS OWNERNAMB SANDRAS LARSON TAXPAYER SANDRA S LARSON NAME/AODR PO BOX S46 WAYZATAMN 33391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST rtkCE: I 38 0211723310006 PROPADDR 330 ORONO ORCHARD RDS OWNER NAME SANDRA S LARSON TAXPAYER SANDRA S LARSON NAME^ADDR PO BOX 346 WAYZATAMN 33391 38 0211723310007 PROPADDR 38 ADDRESSUNASSiCNED OWNER NAME ROGER J HAWKINSON TA3CPAYER ROGER J HAWKINSON NAME/ADDR 370 ORONO ORCHARD RD WAYZATAMN 33391 38 0211723310008 PROPADDR 38 ADDRESSUNASSIONED OWNERNAME ROOERJ HAWKINSON TAXPAYER ROOER J HAWKINSON NAME/ADDR 370 ORONO ORCHARD RD WAYZATAMN 33391 38 02II7233I00I3 PROPADDR 337 HANLONAVE OWNERNAME RVRMEKOEHNEN TAXPAYER ROBERT* MICHEL K NAMWADDR 337 HANLON AVE WAYZATAMN 33391 ISN * 38 0211723310018 PROPADDR 1300 SHORELINE DR OWNERNAME RICHARDSBROWN TAXPAYER RICHARDS BROWN NAME/ADDR POBOX6SI WAYZATAMN 33391 38 0211723310009 PROPADDR 1380 POX ST OWNERNAME HERBERTDMEYER TAXPAYER HERBERT D MEYER NAME/ADDR 1380 FOX ST WAYZATAMN SS391 38 0211723310016 PROPADDR 363 HANLON AVE OWNER NAME HADASSAH YEHUDTTZOHARA TAXPAYER HADASSAH YEHUDIT ZOHARA NAME/ADDR 363 HANLON AVE WAYZATAMN S3391 38 <ai1723310019 PROPADDR 1340 POX ST OWNERNAME ALLANNUTWIN TAXPAYER ALLAN N UTWIN NAME/ADDR 1340 POX ST WAYZATAMN SS39I 38 0211723310014 PROP AODR 321 HANLON AVE OWNERNAME C PGURLER & BGURLER TAXPAYER CHARLES P CURLER NAME/ADDR 321 HANLON AVE WAYZATAMN 35391 38 0211723310017 PROPADDR 38 ADDRESS UNASSK jNED OWNERNAME HADASSAH YEHUDIT ZOHARA TA3CPAYER HADASSAH YEHUDIT ZOHARA NAME/ADDR 363 HANLON AVE ORONO MN 33391 38 0211723310020 PROPADDR 38 ADDRESS UNASSICNED OWNERNAME HD MEYER ETAL TA3CPAYER HD MEYER NAME/ADDR 1380 FOX ST WAYZATAMN 55391 CO 38 0211723310021 PROPADDR 1300 POXST OWNERNAME RTJAFPRAYRVHJAPPRAY TAXPAYER RTRVHJAFPRAY NAME/ADDR 340 BARRETT AVE WAYZATAMN 33391 38 0211723310022 PROPADDR 540 BARRETT AVE OWNERNAME RTJAFFRAY*VHJAPFRAY TAXPAYER RTRVHJAFFRAY NAME/ADDR 340 BARRETT AVE WAYZATAMN 55391 38 0211723310023 PROPADDR 540 BARRETT AVE OWNERNAME RTJAPFRAY*VH3AFFRAY TAXPAYER RT*VH JAPFRAY NAME/ADDR 540 BARRETT AVE WAYZATAMN 55391 38 0211723310046 PROPADDR 340 BARRETTAVB OWNBINAME RTIAPPRAY*VHJAPFRAY TAXPAYER RT*VHJAPFRAY NAME/ADDR 340 BARRETT AVE WAYZATAMN 33391 38 0211723310049 PROPADDR 500 ORONO ORCHARD RD S OWNERNAME SSRJEWEBSTER TAXPAYER STEVENS* JO ELLEN WEBSTER NAME/ADDR 300 ORONO ORCHARD RD S WAYZATAMN 55391 38 0211723310051 PRCVADDR 300 HANLON AVE OWNERNAME PA*MM BENNETT TAXPAYER PAUL A* MEGAN M BENNETT NAME/ADDR 300 HANLON AVE WAYZATAMN 33391 I'l.iT • .j- g0-m mwm mt v:--'T:-'feVi;f.r; .V ‘V '■ . •;■ ,.<’.■ ■, II... w ■ t . RUN DATE tttSySODS HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST PA0E:2 I CERTIFY THATTtE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OFTHE HEMiIEPIN COUNTY TAXPAYER SERVICESiXPARI OF MY KNOWLEDGE AND BELIEF. r DATE fP, "H r V • i ' j • % < S' L . S* ' • . I • •’ . ; ■ . .' . . V’v '. * •■•? 'i •> •• CSSfct^ . iV « -ft «■-•. Hrnncpni Hennepin County Tsucpayer Services Department c> O' O' p Ct 9at MINNETONKA BLUFFS 961.34 C) C> 3:oc:o DICKENSON ^ 127.92 24 23 4 0$ 22 l/ 21 2 8 19' y ''N 8 18 (6) 8. 1« t 17 8'16 (11) 8 i 14 \(10) 8 ’ 127.75 ^ 5 P(5)8 )«8 • 7 8 ! 8^(7)8 ^ 9 \(8)8 129.48 ^ 24 ,y'098 23 y" (14)\ 8 22 i''3 8 50N>4W05050(1S)\ ® 8 )9 “j *i—508 IS (23)5009095050•oS^09•' 5J[ * •• (19)\ Wy« 8 '^ IS 129.25 UJ o ? 8 129.‘ 20 8 19 (3S 8 pa; * t 8^ • H • \ 8 (37) 8 IS (36 8 u _J35 8 u 8 12 8 1) (32. I ,v. »are«l ID 021172331 Noum NHinb«r 540 OtfMt NaiiM BAMIETT AVE TN$knol»l9ga4yt9oonh(lmap. IlnfitMentt a c ompBaUon olirtonnatton and data &om aiy. County. andStatamadauthorltiaaandothafsourcaa. ORDINANCE NO. 26 .3RD SERIES INTERIM ORDINANCE PURSUANT TO MINNESOTA STATUTES SECTION 462.355, SUBDIVISION 4, TO ESTABLISH A MORATORIUM PROHIBITING THE GRANTING OF PRELIMINARY SUBDIVISION APPROVAL, ZONING (CUP/VARIANCE) APPROVAL, REZONING, OR PUD APPROVAL WITHIN THE MORATORIUM AREA AS DEHNED HEREIN. THE CITY OF ORONO ORDAINS: The Municipal Code of the City of Orono is amended by adding Ordinance No. 26, 3rd Series. SECTION 1. Statement of Policy. The City Council finds that the City is presently faced with the potential of applications for subdivision, rezoning, zoning (CUPA^ariance), or PUD approvals for property within the Moratorium Area as defined in Section 2. It appears to the Council that the consequences of allowing such applications to be sq)proved may be undesirable because the current ordinances may not be consistent with the City's zoning and development goals. The Council, therefore, finds that it is necessary to study the impact of development under current ordinances to determine whether they fulfill the underlying purposes of the City's land use and zoning provisions. The Council further finds that if, as a result of this study, the land use controls and zoning provisions contained in the City code need to be revised, such revision is a process that caruiot be accomplished until a study has been completed and a hearing held. During this period, it is desirable that the Council establish guidelines for the benefit of those who wish to develop property in order to bring about savings of public and private expenditures and to provide the public guides to future City action. Since enactment of an amendment to the code would undoubtedly modify existing regulations concerning permined land use and zoning performance standards, the granting of preliminary aj^roval of subdivision tqrplications, zoning (CUPA^ariance) applications, rezoning applications, or PUD for property within the Moratorium Area would be contrary to the purpose of the zoning enabling act, Minnesota Statutes Section 462.351, et seq. The Council further finds that it would be unwise, improper and unjust to allow individual development to occur during this study. SECTION 2. Moratorium Area . As used in this Ordinance, Moratorium Area shall be defined as all real property zoned or used for commercial use adjacent to County Roads 1 5 and 19 within the Navarre commercial area in the City of Orono. SECTION 3. Study. The City Council requires its staff to initiate a study regarding the impact of development within the Moratorium Area under current ordinances to determine whether they fulfill the underlying purposes of the City’s land use and zoning provisions, and regarding the implications of the potential amendments to the City code to implement the results of that study. I inn*1 for SECTION 4. Restrictions on the Granting of Preliminary Subdivision Approval. Zorring (CUPA^ariance^ Approval. Rezonine. or PUD approvals No preliminary subdivision approval, Zoning (CUPAf^ariance) ^proval. Rezoning, or PUD approval, shall be given by the Council for any property within the Moratorium Area. SECTION 5. Duration. This Ordinance shall expire within twelve (12) months of the passage of this Ordiiumce by the City Council, without Council action, or it may be rqrealed earlier if the Council determines that the requisite studies have been completed and adopted and that iq>propriate evaluation and action, including any necessary revisions of the zoning code, have been flnalized. The duration of this Ordinance may be extended by adoption of a subsequent Ordinance for a total time period not to exceed the statutory limits in Minn. Stat. 462.3SS, subdivision 4. SECTION 6. Variances . The Council may grant a variance to this Ordinance if the Council finds after careful review of all the facts that a proposal is not contrary to the intent of the Comprehensive Community Management Plan, that it is compatible with the zoning and official control amendments being considered by the City, that it does not adversely impact the health, safety or welfare of the citizens and that it otherwise meets the requirements of the Orono City Code and state law. SECTION 7. Separability. Every section, provision, or part of this Ordinance is declared separable ftom every other section, provision or part; and if any section, provision, or part thereof or action taken hereunder shall be held invalid, it shall not affect any other section, provision, or part. SECTION 8. Publication. This Ordinance shall be published in THE PIONEER and THE LAKER and shall be effective immediately. Adopted by the City Council of the City of Orono on this 2Sth day of July, 2005, by a vote of ____ayes and ____nays. ATTEST: Unda S. Vee, City Clerk Barbara A. Peterson, Mayor Published the week of j 2005 in the Laker/Pioneer new^apers. W COnMr'ii JUL 2 5 2005 REQUEST FOR COUNCIL ACTION CITy OF ORONO Date: July 21,2005 Item No.: j ^ Departmcot Approval: Name: Michael P. Gaffron Title: Planning Director Administrator Approval:Admu Agenda Section: Zoning Item Description: #02-2840 STONEBAY • First Amendment to PUD No. 4 Agreement: Assignment of PUD &om John Terrance Homes LLC to OT Development LLC Lbtof Eihibits A - Agreement Document B - Map of Property being Transferred As noted during the recent final plat approval for Stonebay 3'**, 4“', 5“* and 6*** Additions, the remaining undeveloped rambler and two story townhome lots within Stonebay Phase 1, and all the remaining residential phases (consisting of rambler and 2-story townhome lots and outlots comprising the S'**, 4 , S'** and b"* Additions) are being taken over by the 2!achman group. The two commercial outlots on the soudi side of Kelley Parkway are not part of this transfer. The assignment of the Development Agreement fix>m John Terrance Homes LLC to 3Z Holdings is pursuant to a land purchase agreement between those two entities dated June 13, 2005. “3Z Holdings" is the entity under which Zachman Brothers holds land until it is developed. The successor entity which will actually be doing the development of the remaining Stonebay residential phases is “OT Development, LLC”, represented by Amie Zachman. This is a separate entity from OC Development LLC which is about to commence construction of the Lofts condominiums. The City Attorney has reviewed the attached Agreement drafted by the applicants' attorney, and finds it acceptable in form, and has indicated the terms of the PUD No. 4 Agreement will remain in effect under the new developer. COUNCIL ACTION REQUESTED Motion to Authorize the Mayor and City Clerk to execute the attached First Amendment to Planned Unit Development No. 4 Agreement. ' . • 7 ■'/ ^ ' ■•’ i * iM ini‘feiidtiri*nni mittri J ' I CITY OF ORONO HENNEPIN COUNTY, MINNESOTA FIRST AMENDMENT TO PLANNED UNIT DEVELOPMENT NO. 4 AGREEMENT “2550” WAYZATA BOULEVARD DEVELOPER: DAHLSTROM DEVELOPMENT CORPORATION LLC NAME OF DEVELOPMENT: STONEBAY THIS AMENDMENT, is made and entered into as of this___day of 2005, by and between the City of Orono, a municipal corporation organized and existing under the laws of the State of Minnesota (hereinafter called “City ”), John Terrance Homes, LLC, a Minnesota limited liability company, its heirs, successors and assigns (sometimes hereinafter called “Developer”) and OT Development LLC, a Minnesota limited liability company (sometimes hereinafter called “Successor Developer”). WITNESSETH: A. WHEREAS, Developer and City entered into Planned Unit Development No. 4 Agreement (the “Development Agreement ”) dated July 9,2003, in connection with the real property located in the City of Orono, County of Hennepin, State of Minnesota, legally described on attached Exhibit A (the “Property”); and B. WHEREAS, Dahlstrom Development, LLC was misidentifted in the Development Agreement as a Minnesota corporation, but was and is a Minnesota limited liability company, the name of which was subsequently changed to John Terrance Homes, LLC; and C. WHEREAS, the Development Agreement was assigned from Developer to 3Z Holdings, Inc., a Minnesota corporation pursuant to a Land Purchase Agreement dated June 13, 2005 and subsequently assigned by said assignee to Successor Developer by assignment dated _______, 2005 (“Assignment of Agreement”); and D. WHEREAS, Developer, upon the approval of this Amendment by City, will transfer to Successor Developer all special declarant rights under Minnesota Statutes Chapter 515B to Successor Declarant; and *( V E. WHEREAS, Developer and Successor Developer desire to amend the terms of the Development Agreement as outlined herein and City has agreed to such amendment; NOW, THEREFORE, in consideration of One Dollar and other good and valuable consideration, the sufficiency and receipt of which is acknowledged to by the parties, and in consideration of the Recitals and of their mutual promises set forth below, the parties hereto agree as follows: COVENANTS 1. Developer’s Reaffirmation of Obligation. John Terrance Homes. LLC hereby reaffirms its continuing obligations to the City as set forth under the Development Agreement with respect to that part of the Property not included in the transfer from Developer to Successor Developer, sometimes referred to as ‘Phase 1 2. Assumption of Obligations bv Successor Developer: Release of Developer. OT Development LLC hereby assumes and undertakes to perform all obligations allocated to Developer under the Development Agreement and any future amendments thereof with respect to all parts of the Property transferred from Developer to Successor Developer under the terms of the Lfuid Purchase Agreement (that is, the real property described in Exhibit A thereto and hereto), and in consideration for such undertaking, the City hereby releases John Terrance Homes, LLC from all further liability with respect thereto. .1. Development Agreement Continues in Force. The terms of the Development Agreement shall remain unchanged except as specifically amended by the terms of this Amendment. 4. No Waiver of Default. This Amendment shall not operate to waive any existing default or defaults under the Development Agreement and the City shall have any and alt remedies against Developer for any such default that are available to the City under the Development Agreement. 5. Governing Law. This Amendment and all provisions hereunder shall be governed by and construed in accordance with the laws of the State of Minnesota. ai 6. Amendment. This Amendment and the Development Agreement may be led only by written agreement signed by all of the parties. u 7. Benefit The Development Agreement shall inure to the benefit of and be binding the parties hereto and their successors and assigns, in accordance with this Amendment. 8. Headings. The paragraph headings of this Amendment are for reference only and shall not be deemed to alter or affect the meaning of the terms hereof. ■- . 9. Execution and Counterparts . This Amendment may be executed in any number of counterparts and such counterparts shall be deemed to be originals, and all such counterparts, taken together, dudl constitute but one and the same instrument. THE NEXT PAGE IS THE SIGNATURE PAGE • . i i li V. * . ^ V ■ V ' 1 ( if IN WITNESS WHEREOF, the parties hereto have set their hands as of the day and year first above written. JOHN TERRANCE HOMES, LLC THE CITY OF ORONO By:. Its: By:. Its: By: Its: OT DEVELOPMENT LLC STATE OF COUNTY OF ) )ss. ) The foregoing instrument was acknowledged before me this__day of ________, 2005, by_____________________, the__________ J(^ Tenance Homes, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public k. ■ j—.id STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) & Hi Hie foregoing instrument was acknowledged before me this__day of _________, 2005, by ________________________and respectively the and of The City of Orono, a Minnesota municipal corporation, on behalf of the City. Notary Public STATE OF COUNTY OF ) )ss. ) The foregoing instrument was acknowledged before me this__day of ________, 2005, by _____________________, the__________ OT Develr^Mnent LLC, a Minnesota limited liability company, on behalf of the company. Notary Public this instrument was drafted by: N. Walter Graff Best & Flanagan, LLP 225 South Sixth Street Suite 4000 Minneapolis, MN 55402-4331 - - —^ I 1 w EXHIBIT A Legal Description of Property Legal descripticm of vacant residential pn^)erties in StoneBay, Hennepin County, Minnesota: Lots 1-4,7,8,13-16,19,20 and 33-42, Block 1 Lots 4-9, Block 2 that portion of Outlot F to be platted as Outlot A, Stonebay 2nd Addition OutlotG,and Outlot H, StoneBay, Hennepin County, Minnesota Said properties include 16 lots platted for 2-story Townhomes, 21 lots approved, but not platted, for 2-story townhomes, 12 lots platted for rambler Townhomes and 25 lots ^rproved, but not platted, for rambler Townhomes. A portion of Outlot F will be platted (StoneBay 2nd Addition) as part of the condominium project. A portion of Outlots F, G and H will be platted for streets and common areas. After final platting Outlots F, G and H will contain the following buildable lots. Lots 1-4, Block 1 and Lots 1 & 2, Block 2, StoneBay 3rd Addition Los 1-17, Block 1, StoneBay 4th Addition Lots 1-S, Block 1 and Lots 1-14, Block 2, StoneBay Sth Addition Lots 1-4, Block 1, StoneBay 6th Addition. The 3rd addition contains those lots (two 2-story and four rambler) that will not require any additional infiastructure. The 4th addition includes all but four of the remaining rambler lots. The Sth addition includes all of the renuuiung 2-story lots. The 6di addititm includes the four ramblers that access off of Willow Drive. 37SS29_I • jw - - 7 V. 5w'= (. ‘ A-1 I I l'l|-1l itfBlSlI ‘l *• “ V "X-‘V ■ ■■■■■■ J- : . ' mm rV; i: / t_ • • = JLOTS S^A.e.C^ec'T ^ T|#€ fiw»r*s{=^ STONtPAY T001002 23PfP04 REQUEST FOR COUNCIL ACTION JUL 2 5 2005 CITY OF ORONO Date: July 20,2005 Item No. / y Dcpartaicat Approval: Naaic: Melanie Curtis.«(/ Title: City Planner Administrator Approval:Agenda Section: Item Description: Appeal Notice of Violation - Paul & Mary Kaster - 2600 Casco Point Road Zoning District: LR - 1C, One Family Lakeshore Residential List of Exhibits: Exhibit A - Notice of Violation dated 0S-23-0S Exhibit B - Photos as of 7-21-OS Exhibit C - City Code Sections as attached to the Notice of Violation Exhibit D - Applicants’ Submitted Information Application Summary: 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 inflection, noted violations, and documented with photos. The property owner was provided with the appropriate City Code sections in the notice of violation letter. Stair Recommendation The applicant has 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 tractor/backhoe. The Council should discuss whether or not City Code Section 78-1577(5) classifying the tractor/backhoe constitutes ''special mobile equipment” and is therefore prohibited within Residential Districts. COUNCIL ACTION REQUESTED Direct the staff how the tractor/backhoe should be addressed. Should the Council findings remain consistent with the notice of violation please provide the property owner with a deadline for removal. nn ew A t f ' //O 0\•vv 05/23/05 2600 Casco Point Rd Page 1 of 6 ■* . • |.H\* y ‘*ry/.v1 ^ GlTYofORONO Municipal Offices stmt Iddms: 2750 Kelley Partway Orono, MN 55356 Mailiag Artdress: P.O. Boi 66 Crystal Bay, MN 55323 0066 May 23,2005 Paul A Mary Kaster 2600 Casco Point Rd Wayzata, MN 55391 Re: City Code Violations at 2600 Casco Point Road Property Identification Numbers: 20-117-23-24-0042 A 20-117-23-24-0043 As the result of a complaint on May 23, 2005 City Staff performed a property inspection at the above address. During the inspection staff noted iriaterials and debris in exterior storage at the. above address and specifically, the following violations of City Code Section 58-1(a) and 58-3 were noted: 7. Dimensional Lumber - scrap 2. Welded Fencing 3. Minnow Buckets 4. Scrap Metals 5. Hardware Cloth/Wire 6. Garden Hoses 7 Gutters A Downspouts 8. Sheets of Siding 9. Rotted Dock Section" 10. Inoperable Trailer 11. Bed Frame Pieces 12. Bricks 13. Unused Wooden Fencing 14. Corrugated Black Plastic Tubing 15. Boat on Blocks 16. Miscellaneous junk A debris This letter will serve as your notice that the property must be brought into compliance by June 21, 2005 in order to avoid legal action by the City. In order to bring your property into compliance the above items must be removed from the property or stored in an enclosed building by June 21, 2005. Please be advised, if you fail to correct the violations or request an appeal hearing before the City Council prior to the deadline, the City will correct the above violations and the costs to do so will be assessed against your fmyperty [Cite: City Code 58-l(c)]. Those costs will be certified to the County Auditor and will be collected in the same manner as special assessments against your property. lUcplMmc (952) 249-46M • Fax (952) 249-4614 wwwxf.oroao.nia.us % r-«v m € Y’m S' ' '*.- * **Tr«>, fe."' ^ % ^',‘V" SmSsv<f 3^.^3KMwttso ?s * m (Y^ /-1 ^ r rS. . V •t. *f'/'U-si r 't *p- \W -«.* *r i* •• " ^ y ’•' k*».*.< • •; • r-'IL mveS^- '•AV f ** ' ^F*> • . %.i % \‘M ' ■• A* 'W'm Ta^a .'-.=* ,.v .• • ■■ 1 >■ «’• ^ • ';-.■■ ’i^- ■ ^ '■ ^ -V «*••' .c5> V --*•• ^ i^ , r fi] 11^’/ jf< "s’!. -K ‘*•. *V,v 5 /^/ ’ ' -' 1 I,* V.«>-N i :i'] ■- -> W i'.•,.V '/,v;» , f. vv;.^g- >^l -*te3Ba^H53i,, •>■> •^‘t . ^ . t / . . •! J .. Smu * ~i"\‘ *-■'*' *. V— A ^: »iil r..-^ i # •*. T BKiimro 03/23/05 2600 Casco Poinl Rd Page 3 of6 See. 58-1. Maintenance of pri^'ate property. (a) It is the duty of the owner of every vacant property and the owner and occupant of every occupied property to maintain the property in a neat, clean and presentable manner free of any junk, debris, refuse, litter, dead trees, or noxious weeds, and to remove all other public health or safety hazards from the property. (c) Any violation of this section is declared to be a nuisance and a public safety and welfare hazard, and upon seven days ’ written notice to the owner, as shown by the records of the office of the county auditor, of private premises on which such material is found or any conditions in violation of this code section exist, the city may remove such matter or correct any conditions in violation, and certify the cost of such removals or corrections as any other special assessment. (Code 1984, § 9.55; Ord. No. 191 2nd series, § 1,6-14-1999) Sec. 58-3. Junk cars, furniture, household furnishings and appliances stored on public or private property. It is unlawful to park or store any unlicensed, unregi.stered or inoperable motor vehicle lacking essential parts, household furnishings or appliances, or parts or components, on any property, public or private, unless housed within a lawfully erected building- Any violation of this section is declared to be a nuisance; and upon seven days' vrritten notice to the owner, as shown by the records in the office of the county auditor, of private premises on which such material is found, the city may remove the vehicle and certify the cost of such removal as any other special assessment. For the purpose of tliis section, an inoperable motor vehicle shall be defined as lacking parts essential to operation, including but not limited to wheels, tires, motor, drive train, battery; or having two or more flat tires; or having the interior, including tiie driver's position, used for storage in such a manner that no person can operate the vehicle. (Code 1984, § 9.50) Sec. 78-1577. Exterior storage in R districts. In all R districts, all recreational vehicles, mobiit homes, camping trailers, motor homes, pickup coaches, travel trailers, special mobile equipment, and utility trailers siiall meet the requirements of this Code. Additionally, all mobile materials and equipment shall be stored within a building or fully screened so as not to be visible from adjoining properties. Definitions: a. Recreational vehicle. Mobile home and recreational vehicle shall mean and include the following definitions, and shall not include any manufactured housing unit bearing a State of Minnesota manufactured housing seal or certificate, for uses including but not limited to those listed below: i I i I I / •• ' b. Tl • • • • . *05/23/05 2600 Casco Point Rd Page 4 of 6 1.Camping trailer means a folding structure, mounted on wheels and designed for travel, recreation and vacation uses, also called a pop-up camper. 2.Motor home means a portable, temporary dwelling to be used for travel, recreation and vacation, constructed as an integral part of a self-propelled vehicle. 3.Pickup camper means a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation. 4.Travel trailer means a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses, permanently identified as a travel trailer by the manufacturer of the trailer. Special mobile equipment means every vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including but not limited to; ditch digging equipment, moving dollies, pump hoists and other well-drilling equipment, street sweeping vehicles, and other machinery such as asphalt spreaders, bituminous mixers, bucket loaders, tractors other than truck-tractors, ditchers, leveling graders, finishing machines, motor graders, road rollers, scarifiers, earth-moving equipment. The term does not include travel trailers, dump trucks, truck-mounted transit mixers, truck-mounted feed grinders, or other motor vehicles designed for the transportation of persons or property to which machinery has been attached. Utility trailer means any motorless vehicle, other tlian a boat trailer or personal watercraft trailer, designed for carrying of snowmobiles, motorcycles, all terrain vehicles, or property on its own structure and for being drawn by a motor vehicle but shall not include boat trailers, a trailer drawn by a truck-tractor semitrailer combination, or an auxiliary axle on a motor vehicle which carries a portion of the weight of the motor vehicle to which it is attached. [Parking regulated] Parking of recreational vehicles, mobile homes and utility trailers shall be regulated as follows: It is unlawful for any person to park a mobile home or recreational vehicle upon public property for human habitation It is unlawful for any person to park or store a utility trailer, mobile b iii 1 -f 05/23/05 2600 Casco Point Rd Page 5 of 6 home, recreational vehicle in any "R" district for more than 24 hours, except in a side or rear yard at least five feet from any property line. c.It is unlawful to use a mobile home or recreational vehicle for human habitation on any private property for more than 72 hours without a permit from the city. Vehicle storage. All vehicles parked or stored on any property within the city shall be operable and currently licensed. The parking of vehicles, other than recreational vehicles, in "R" districts is regulated as follows: a.Parking of vehicles, other than recreational vehicles, with a maximum gross vehicle weight (GVW) of 14,000 pounds or less is allowed in all "R" districts. b. Parking of vehicles in "R” districts in excess of 14,000 lbs. GVW requires each of the following conditions be met: 1. Minimum lot size of five acres. 2. Property owner must be vehicle owner or operator. 3. 4. Vehicle must be set back 50 feet from property lines. Must not be visible from neighboring properties and public streets; vegetative screening is preferred. 5.Maintenance of said vehicle shall occur within an enclosed building. 6. The vehicle shall not constitute a nuisance at any time, and. 7. In a shared driveway situation, the city must have on file an agreement signed by all current driveway users. [Storage of boats and boat trailers.] Boats, unoccupied boat trailers, and boats on trailers shall be subject to the following storage requirements when not stored for commercial purposes: a.Licensing, operability and restorations. All boats stored outside on a residential property shall be licensed to the owner or occupant of the property. All boats stored on a property shall be in operable condition, except that inoperable boats under active restoration may be stored on a property for not more than two years, the intent being to discourage the long-term storage of inoperable boats on F j l: 05/23/05 2600 Casco Point Rd Page 6 of 6 residential p-operty. b. Principal residence required. No boat shall be stored on a property or on a group of contiguous commonly owned properties that does not contain a principle residence structure. c. Maximum length. Boats and unoccupied boat trailers exceeding 30 feet in length shall not be stored on any residential property except within a iiilly enclosed building meeting all applicable zoning and building code standards. Exception: Existing boats over 30 feet in length which are documented to have been stored on the property within the 24 months prior to the effective date of the ordinance from which this section is derived shall be allowed to continue such storage practice until the projierty is sold, and shall meet the setback requirements of this section. d. Allowed storage locations. Boats and unoccupied boat trailers up to 30 feet in lengtti may be stored outside on residential property as follows: 1 . Lakeshore lots. Boats may be stored in a side yard, street yard, side street yard and lakeshore yard as long as they meet required setbacks and have no significant impact on lake views enjoyed by adjacent neighbors. 2. Nonlakeshore lots. Boats maybe stored in a side yard and rear yard; trailerable boats may be stored on trailers in a driveway in a front yard or side street yard. e. Required setbacks. Boats and unoccupied boat trailers shall be stored no less than five feet from any lot line and no less than IS feet from the principal residence structure on any adjacent lot. f. Screening. Screening is not required for outside boat storage when in conformance with this section. If boats are shrink wrapped, white is the preferred color but is not mandatory. g. Dispute resolution. Complaints regarding boats stored in lakeshore yards and potentially impacting a neighbor’s views of the lake will be referred to a dispute resolution committee, consisting of the planning director, the building official, and a member of the planning and zoning staff. [Prohibitedparking or storage.] Outdoor parking or storage of special mobile equipment as defined in this section shall be prohibited in any "R" district ^we^T June IS, 2005 Melanie Curtis City Planner ChyofOrono P.O. Box 66 Crystal Bay, MN S5323*<S6 Dear Melanie; As per our phone conversation, this letter is to notify you that I will appeal the request by the city of Orono to remove or relocate my tractor. Thank you; oxJjiA^ Paul and Mary Kaster 2600 Casco Pbint Road Wayzata, MN 55391 952-471-9003 Kw ■P ' i:mm •- -■ V . :V ' Vi' ^w--i •■;'’-:b ' \ •■ V'.O:' .f.’- . :. .. ■W'y. ^■rnm ^ Av=-A#.-::-m «V- i- J v: ';vm:m j . / ^ A • ^ "%M . .^^-1^,\ 7 •r- '' : .•vcia ., , •* .- ^5 kV ;■ "iV X* -J^/' ^ iMii I ■ .* * .‘i!^ *• : IV ^ - v;*. .V/ >'*^^ «U ^ , •• _ * ; X'-l. '7^ V. »- *'l! , “• ^ :’€» .. ; V. . */• * •• , * 4 •' iii.7-i--S-*• * . « 4. . “a. . 4* *•‘^**^217', ^v. mmm^:-v '^; .iW f5‘;fS*r^ ■ ’l a i^: ^ ,* ?*^'>v';% •/« '1 m '.<'■■• ■r*'^ i.-L_ ■'^,- -k •4»v»^-‘ i'*' ' !%' 0 ■ $ <;•' . f»i . -V4 ‘ hi i -iI To it May Concern: I do not object to Paul and Mary Ellen Kaster at 2600 Casco Point Road keeping their tractor on their property, as they have done for qipfoximately 30 years. iMLia 1' Id- ^ ADDRESS DATE v.hT ‘v ■ • . -• >• ■. . -Vvi;'•. i'fV > t 1,, ■ : ‘h' - ” 'r,- ■ 'V^yi ■; , • V tv: : v-' .: .'w • '<.■•■ >..-hv . h. - To Whom it May Concern: I do not object to Paul and Mary Ellen Kaster at 2600 Casco Point Road keeping their tractor on their property, as they have done for approximately 30 years. ^ S'ADDRESS DATE SSlilf ■4 - m 9 : f i i. To Whom h May Concern: I do not object to Paul and Mary Ellen Kaster at 2600 Casco Point Road keeping their tractor on their ixoperty, as they have done for ai^noximately 30 ^ars. OujiO^ NAME 3//r C^jQ e 'h ADDRESS DATE * ‘ mm ■■'"V ■T.. ■ ■V • -.ir ■ ■f. .•■: iiab'.sis • • • V •*...« i J I yr^ 'ri, . •*.». To Whom it May Concern: I do not object to Paul and Mary Ellen Raster at 2600 Casco Point Road keeping their tractor on their property, as they have done for iq)pioxiniateIy 30 years. I - ■ 'V.-s^ , 4 -. .. i- . .•>.■•. * . ••*<. V • • ; 'a^t ADDRESS DATE " • •* sS-«j .V ^V-■ ■-> • ?r ■> " -- > 4- .... ,M V 'l4> • ' V S. .• •• •:: * « To Whom it May Concern; I do not object to Paul and Mary Ellen Raster at 2600 Casco Point Road keeping their tractor on their property, as they have done for approximately 30 years. ■i V'-'l iM" ri’. / fV i ■ •.; ‘ . 4 . • . . ■•:■ " " - ;v V r. ^ i .v Mis us<-^ ADDRESS V. . ' n.w ' ‘ V-. I'lO ’- DATE tm.ji I TTIrCTIlIiPFKISr TF^ri ii ,'JiJi .’• , j f -i’ji ITIT? ■ \iV V -vr-.^rw^ . p -v.^: ■; •'■..iV--: -■'"-y’‘‘-.‘.Jr- , - ...,:<r. • r:- • • ■'■■'■ .:' ■ -^ V.;:"" ■■'* i’.■i'-ii.V'^iX'i'. ■ m. ' •;=;;‘.::9-‘' :<■;!>>/:%/. V - ^r*; •:...-;:r.=-<v-./^U::r. . ;’^-v i-'■ T/liW . ^ ■ : ‘ v 1. r:hmm * ’ 'to 1:.- :•■ ^ ••■?^: •• v ’ .. •...........•••. ic •.■;.■i^:v^ •/ ■■ ; , :^5v > V :^£3i ’i-hjSKsimiwmm i i.-:'V f- <r*-; ' ■; . . 'i*P! To Wlioiii it Concern: I do not object to Paul and Mary Ellen Kaster at 2600 Casco Point Road keeping their tractor on their property, as they have done for iqiproximately 30 years. Q-hico PrPi 7/'otoS^ ADDRESS DATE F 'v-*- 'V i/ < .'A*. ■'i r ■ *’ .• ■ To Whom H May Concern: !* . >■ I do not object to Paul and Mary Ellen Kaster at 2600 Casco Point Road keeping their tractor on their propoty, as they have done for ^iproxinuttely 30 years. ^ fa'Hy CclSCq“1 -0‘'O.S' ' NAl^ ADDRESS DATE V • . - •• ^.’>.v it'* ■ • .. ■• ■ ’• w •/ ' To Whom it May Concdin: I do not object to Paul and Mary Ellen Kaster at 2600 Casco Point Road keeping their tractor on their property, as they have done for approximately 30 years. '2‘zCo 7- \\-o£> ADDRESS DATE VTV a *L-m mMrnmm fe' - ' i t "'" m::'ig® f.S 1 w. To Whom it May Concern: I do not object to Paul and Mary Ellen Kaster at 2600 Casco Point Road keqiing their tractor on their property, as they have done for qiproximately 30 years. lAMT^ADDRESS DATE 55^375" •iff < ^ i :{ 'Vf REQUEST FOR COUNCIL ACTION CO***^*'^** tiCCTING JUL 2 5 2005 Dale: Item No.: DcpartOMat Approval: NaMc: Michael P. Oaflhm Title: Planning Director liniftrator Approval:Ageiida Scctioa: Zoning Item Description: Proposed Municipal Code Amendment - Add Section S8-72(c): Criminal Enforcement for Violations of On-Site Sewage Treatement Systems (ISTS) Regulations List of Exhibits A - Proposed Ordinance B - Existing Code Section 58-72 C - Memo from Orono ISTS Manager Willie Gibbs D - Letters fitun Prosecuting Attorney Ken Potts The City's Prosecuting Attorney has indicated that in order accomplish more effective legal enifbrceinent in obtaining compliance when ISTS violations remain unresolved deqrite stafif-level action, it is necessary to add language to the ISTS ordinances in Chapter 58 of the Municipal Code, similar to the language found in the zoiiing code for dealing with misdemeanor violations. The attached ordinance is recommended for adoption, adding Section 58-72(c), Crimiiuil Enforcement, vdiich makes ISTS violations a misdemeanor and therefore iMX>secutable as a criminal violation. The proposed amendment is not part of the zoning or subdivision codes and thoefore does imt require a public hearing. Staff Recommendation Adopt Ordinance No.___, Third Series, An Ordinance Amending Chapter 58 of the Orono Municipal Code by Adding Section 58-72, Part C, Regarding Enforcement of Septic Code. n ORDINANCE NO.___, THIRD SERIES AN ORDINANCE AMENDING CHAPTER 58 OF THE ORONO MUNICIPAL CODE BY ADDING SECTION 58-72 PART C REGARDING ENFORCEMENT OF SEPTIC CODE The City Council of Orono. Minnesota ordains as follows: SECTION 1. Municipal Zoning Code Chapter 58 Section 58-72, is hereby amended by adding Section S8-72(C) to read as follows: (C) Criminal Enforcement Any person who violates any of the {xovisions of this Ch^>ter shall be guilty of a misdemeanor, punishable by imprisonment OT a fine or both as defined by law. In the event of a violation of this Chapter, in addition to the other remedies, the City of Orono may institute appropriate actions or proceedings to prevent, restrain, correct or abate such violations. SECTION 2. This Ordinance shall be published in THE PIONEER and THE LAKER new^Mpets and shall be effective upon q^m>val and publication. Adopted by the City Council of a Orono on this 25th day of July, 2005 by a vote of ayes and nays. ATTEST: Barbara Peterson, Mayor Unda S. Vee, City Clerk i 2 r m \J. Chapter 58 ENVIRONMENT* Article L In General Sec. 58-1. See. 58-2. Sec. 58-3. Sec. 58'4. Secs. 58-6 —68-40. Reaenred. Maintenance of private property. Maintenance of drainage syeteme; interference with drainage; permit for drainage eyeteme. Junk care» ftimiture, household fumiahinge and appliances stored on public or private property. Abauodoning a motor veMde. Article D. On-Site Sewage Disposal Division L Generally Sec. 5A41. Sec. 58-42. Sec. 58-43. Sec. 58-44. Sec. 58-46. Sec. 58-48. Sec. 68-47. Sec. 58^. Sec. 68-40. Sec. 58-50. Sec. 58411. Sec. 58412. Definitions. Statement of purpose. Adoption by r^erence. IVeatment required. Jurisdiction; compliance. Permits. Building permit applications. Conditional use permit and coning variance applications. Subdivision applications. More restrictive design and construction standards. System operation, use and maintenance. Special provisioDs for Lake Minnetonka islands. Secs. 58413—68-70. Resmved. Division 2. Administration Sec. Sec. Sec. Sec. Sec. Sec. Secs. 58-71. 68-72. 58-73. 58-74. 68-76. 58-76. Administrating officer. v Inspection program. Noncompli^t systems. Annual service charge. 58-77-58-U5. Reserved. Article m. Noise Sec. 68-116. Sec. 68-117. Sec. 58-lia Sec. 58-119. Sec. 68-120. Sec. 68-121. Sec. 58-122. Seca. 58-123—68-155. Rseer\*ed Definitions. Bnibroement and penalties. Powers and duties of noise control officer. General noiae standards. Prohibited noises. Hourly restriction tor certain operations. Exception for emergencies. t^fewnoes Utilities, ch. 14; streets, sidewalks and other public places, ch. 18; health and ch. 50; solid waste, ch. 54; snimals, ch. 62; planning commisaion, rh. 74; soning regulations, ch. 78; perfoitnance standards, f 78-1566 et seq.; subdiviaions regulatkins, di. 82; buildintB and building regulations, ch. 86; manufacture homes and trailers, ch. 90; waterways, ch* 94. CD58:1 ______i (68-71 ORONO CITY CODE the building official, who shall coordinate all permit applications and inspection services. The on-site systems manager or building official shall review and evaluate technical matters including ISTS design and installation as provided in this division. (Code 1984, 9 12.3(K8XA); Ord. No. 100 2nd se­ ries, 9 4, 2-10-1992; Ord. No. 199 2nd series, 9 1(12.30(8XA)), 5-8-2000) See. 68«72. Enforcement; violation. (a) Enforcement. It shall be the duty of the building official to enforce the proviuons of this article and to bring to the attention of the prose­ cuting attorney any violations or lack of compli­ ance with this article. (3) Variance approvals shall be subject to all conditions established by the city at the time of approval and thereafter. (4) Any variance application may be referred to the city council for review by the on-site S]rstems manager. (Code 1984, 9 12.3(X4XE): Ord. No. 100 2nd se­ ries, 9 4, 2-10-1992; Ord. No. 199 2nd series, 9 1(12.30(4XE)), 5-8-2000) Sec. 68-74. Inspection program. For purposes of ensuring continued proper use and maintenance of all emsting ISTS's, the city shall periodically inspect each existing ISTS and shall classify each ISTS as code, compliant or a noncompliant. (b) Civil enforcement. Appropriate actions and proceedings may be taken by lew or in equity to prevent any violation of the provisions of this article to prevent unlawful construction, to re­ cover damages, to restrain, correct or abate a violation, to prevent illegal occupancy of a build­ ing, or to prevent continued use a noncompliant ISTS. ^ (Code 1984, 9 12.3(X9); Ord. No. 100 2nd series>^i^ 9 4, 2-10-1992; Ord. No. 199 2nd series, ^ ^ 9 1(12.30(9)), 5-8-2000) ^ Sec. 08-78. Variances. The on-site ssrstems manager may grant vari­ ances to the provisions of this article due to unneoessaiy or uitintended hardship to the owner that are not contrary to the intent and purpose of this article or other applicable law. Variance ap­ plications shall be reviewed by the on-site sys­ tems manager upon written request of the owner or the owner's agent. (1) Variance applications must include com­ plete soil testing and ISTS design in ac­ cordance with this article, including the identification of any site limitations lead­ ing to the variance request. (2) Variances shall be approved, condition­ ally approved or reacted in writing by city staff. The owner shall pay all costs in­ curred by the city in the review of the proposal. (1) Right of entry. The city inspector shall have the ri^t of entry onto every prop­ erty in the city, which property includes an ISTS, for purposes of inspecting such ISTS for compliance with the provisions of this article. Each construction pennit issued after adoption of the ordinance firom which this article is derived shall be construed as the right of entiy to the city inspector by explicit approval of the owner requesting such permit, which approval may be filed in the chain of title for the property. Failure of any party to grant the city access for this iMirpase shall be grounds to classify any ISTS on the property as noncompliant. The city attorney shall thereafter take such action as is neces­ sary to enable the city to perform the inspection and to enforce all the provi­ sions of this article, and to assess the cost thereof against the property. Inspection report. Within 30 days after the inspection of each ISTS by the city, the city shall provide the results of such in­ spection m writing to the owner of the ISTS, including the classification of the ISTS as to compliance with city require­ ments and potential for existing or future problems. Notice of a noncompliant or failing ISTS shall include orders for main­ tenance, repairs or replacement, the pro­ cedures for obtainiag all required per- CD58:14 i: c T Memo Tat OronoOty Council l%«ni WUe Gfcbs, ISTS Program Coordinator CCt B and Z, Ron Moorse July 13,2005 Violations of the Septic Code The purpose for this ordinance change is for effective, cost saving enforcement of the septic system code. I have been in contact with the dty attorneys and both felt Ihe existjng wording In Section 58-72 is not adequate and could lead to summary judgments that would not favor the dty, leading to wasted staff ar^ aittornay mpenses. It is B and Z*8 position to work with the property owner's as long as a oommilment to tlx the situation is made, but we are dealing with several cases that are going on four plus years. Every conceivable dive branch has been extended to these owners, but it is now time for enforcement Thank you for your time and consideration. KENNETH N. POTTS, P.A. Attorney at Law 5101 Thimscn Avenue Suite 200 MINNETONKA, MINNESOTA 55345 TELEPHONE (952) 474-4240 TELECOPIER (952) 474-0987 June 27,2005 Mr. Willie Oibbs R.S. ISTS/Building Inspector City of Orono P.O. Box 66 Crystal Bay, MN 55323-0066 ■'“N * » ^005 ^'TY of orono Re: Septic Systems (Chapter 58) Dear Mr. Oibbs: I have your letto of June 20,2005 in regard to potential criminal enforcement of tailing sqibc systems in the City of Orono. I enclose for your review Section 78-3 which I believe would be sufficient if it was placed in Chapter 58 to initiate a criminal prosecution. A ^ you, that in the Hennepin County District Court mere lue 64 different judges with 64 different opinions concerning appropriate penalties tor oMinance violations. Some will impose a misdemeanor sentence on the condition that the person come into compliance and other judges wUI find the person $100 and I«ve the system as is. In any event, if I can be of any other assistance in regard to this please contact me. m N. Potts KNP/sb Enclosure oc: Ron Moorse, City Administnior I Id' ujilltfl Sihbs ^yu I • • W4> KENNBIHN. POTTS, fJi. AttocnoyitLaw SlOl nuBMea AvenuB SuteSOO MINNETONKA. MINNESOTA 55345 TtiLONCMB (952) 474-4240 TEL«X)PIER (952) 474-09*7 Jaouny7.200S Mir. Matt Boltmnan Oiono City Ihapectar P.O. Box 66 Qyilal Bay. MN 55323 Ra: DairMr. Boltanan: Iha^your raport in ragvdfo Mr. nmi&ilm to ooniply widi the city code in le^id to lua aqidc lyilao. I believe toat toe city code does pennit me to pcosecuta viidaton of toe code when toe ordnunoe qwcifically provides for criminal prosocutioiL As you know, I havnpiDaacaled several vlolaliaos under Chapter 78 in lefsni to soniQg leffilartoaa md pcactioes; qiecifieally. Section 78-3 pennits me to iSle criminal diarges. (SaaaltaGliBd.) to nviawing Chapter 58 in xegMd to toe septic tystan8» Section 58-72 fdoB to liincsment. Section 58-72(A) etatas that toe duty of toe builtoi« ofBcial to cnfiKce the proviaaona of iUb aitide and to bnif to toe attantilm of toe pmeecnting miDcney any violataonaarlacfcofooinplimioeL ItotortnaatdyaowiMn in Chapter 58 doaa is state that vidmiop of toia coda ia a nriademaanor. Under 58>72(B) it apeaka of civil enfixeI M # - 11 • r* • abateaviolataoii to any event; after lifr. Mborra have had a cinnoo to leview <»r> Ml Sincaraiy, KametoRP XNP/M» Oe MeaMoom C-2. ■ Ttor’mvntri nn ■ ~nv tosni iiMubU-■ m I c-s KENNETH N. POTTS, P.A. Attorney at Law 5101 Thimaen Avenue Suite 200 MINNETONKA. MINNESOTA 55345 TELEPHONE (952) 474-4240 TELECOPIER (952) 474-0987 December 4,2003 Re: Failure to Put in Mound Sq)tic System DearKfr.l Please be advised that I am the prosecuting attorney for the City of Orono. I have been informed by Matt Bolterman, the Orono Inspector, that your property baa a foiling sephc system. Mr. Bolterman was promised that you would have these septic systems put in no later than the end of the sununCT of 2003. The season is now over to install the system and you have not secured a permit for the mound syston. Obviously the system can not be uutalled in the winter and at this time Mr. Bolterman has asked me to write to you to let you know that you have until June 15,2004 to install the new mound system. Also, you must get a sq>tic contract set up that is approved by the City of Orono and secure a sq>tic pump on or before December 15, 2003. I would appreciate it if you would immediatdy contact Mr. Bolterman at the City of Orono to make sure that you are in compliance wifli these requests. If not, I will be compelled to take action and draft a Complaint Once again, please contact Mr. Bolterman. Sincerely, KNP/sb Kenneth N. Potts oc: Matt Bolterman, Orono City Insp ■ •'CJETING JUL 2 5 2005 REQUEST FORCOUNaL ACTION uiruF ORONO DATE: 07/25/05 ITEM NO: /6 Department Approval: Name: Stephaiy Good Title: Chief of Police Administrator Reviewed: ^ 0 Agenda Section: Item Description: National Night Out Proclamation Exhibits; None DISCUSSION The Orono Police Department will take part in the 22"** Annual National Night Out (NNO) Campaign August 2. National Night Out is an opportunity for citizens and neighborhoods to get acquainted so they are better able to assist in crime prevention and promote community spirit. The Police Dqrartment is coordinating neighboiliood visits upon request. A police officer will be available to visit residents who are coordinating block parties or other nei^borhood events. Depending on availability, the visit may include representatives from the Lx>ng Lake Fire Department, McGnifT, an^or a special appearance by the North Tonka Crime Prevention Coalition bag piper, Desyl Peterson. Neighborhoods that would like an officer to stop by should contact the OPD by July 26 at (952)249-4709. COUNCIL ACTION REQUESTED; Motion to proclaim August 2,2005 as National Night Out in mder to strengthen neighborl qririt and police-community relationships. ■ .. ■ , VV'V A RESOLUTION PROCLAIMING NATIONAL NIGHT OUT 2005 WHEREAS, the National Association of Town Watch (NATW) is sponsoring a unique nationwide crime, drug and violence prevention program on August 2, 2005 called "National Night Out"; and WHEREAS, the ”22nd Annual National Night Out" provides a unique oi^rtunity for th ^ t ?i»y of Orono to join forces with thousands of other communities across the country in promoting, cooperative, police-community crime prevention efforts; and WHEREAS, the North Tonka Crime Prevention Coalition plays a vital role in assisting the Orono Police Department through joint crime, drug and violence prevention efforts in the City of Orono, and is supporting "National Night Out 2005" locally; and WHEREAS, it is essential that all citizens of Orono be aware of the importance of crime prevention programs and the impact that their participation can have on reducing crime, drugs and violence in Orono; and WHEREAS, police-community partnerships, neighborhood safety, awareness and cooperation are important themes of the "Natioruil Night Out" program. NOW, THEREFORE, BE IT RESOLVED that the Orono City Council does hereby call upon all citizens of Orono to join the North Tonka Crime Prevention Coalition and the National Association of Town Watch in supporting the "22nd Atuiual National Night Out" on August 2,2005. FURTHER, LET IT BE RESOLVED THAT, the Orono City Council does hereby proclaim Tuesday, August 2,2005 as "NATIONAL NIGHT OUT" in the City of Orono, Minnesota Adopted at a regular City Council meeting held July 25,2005. ATTEST: Linda S. Vee, City Cleric Barbara A. Peterson, Mayor 1 REQUEST FOR COUNCIL ACTION ^ 2005 • r UK ORONO DATE: July 25,2005 ITEM NO. Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed: Agenda Section: Public Services Director's Report Item Description: Accept Quotations Wildhuret Trail Forcemain Relocation Project This project is for the relocation of the sanitary sewer forcemain from Lift Station Number 2 1 which is located on Wildhurst Trail. The existing forcemain from the lift station goes between several houses and across lakeshore yards as shown on the attached map. This steel pipe forcemain was installed in 1973, and we have had previous breaks in steel forcemains of this age. There also have been several recent approvals for new home construction on properties that the forcemain crosses, and the construction work near the forcemain could be problematic. In the event of a forcemain bieak, access to this area would be extremely difficult for the completion of repairs. Also, with the forcemain located between homes and close to the lakeshore there is a potential for wastewater spills into adjacent homes or into Forest Lake from any forcemain breaks. A new forcemain will be directionally bored along Wildhurst Trail and will discharge to an existing gravity sewer located in Wildhurst Trail. The new forcemain will be a HOPE plastic forcemain, with a minimal number of electro fused joints, which is not subject to corrosion from the poor soils in this area. This forcemain will also be easily accessible for maintenance purposes. This project will be completed by two contractors, a directional boring contractor and a different contractor to complete the lift station work The top of the lift station is too low and during heaNy rainfall events water ponds on top of the lift station resulting in the inflow of surface water into the lift station, contributing to the City ’s l&l problem. This project also includes raising the lift station top elevation 18” and installing a new watertight access hat' h to reduce l&l. The new MCES rules require the City to spend approximately $30,000 per year on l&l reduction or pay a surcharge on the MCES wastewater bills beginning in 2008. Our annual budget for l&l projects is $30,000, so the work to raise the lift station top will be funded using the Sewer Fund l&l budget, so we can easily track our expenditures for this work. We have sent a Request for Quotations to directional boring contractors, and also to lift station construction contractors, that have previously completed City projects. The estimated construction cost for this luoject is less than $50,000, so the solicitation of quotations is an acceptable method to select the contractors to complete this project. I The staff recommendation is for acceptance of the lowest responsible quotation for the directional boring work in the amount $13,600 from EJ Mayer ’s Inc. Corcoran, Miruiesota with funding from the Sewer Fund Ctq>ital Budget and approval of the iq>propriate year 2005 budget adjustment to reflect this expenditure. The staff recommendation is for acceptance of the lowest responsible quotation for the lift station piping connection work in the amount $5,500 from Valley-Rich Company Chaska, Minnesota with funding from the Sewer Fund Ciqiital Budget and approval of the appropriate year 2005 budget adjustment to reflect this expenditure. The staff reconmiendation is for acceptance of the lowest responsible quotation for the lift station I&l reduction work in the amount $4,225 from Valley-Rich Company Chaska, Minnesota with funding from the Sewer Fund, I&l Line item Budget. COUNCIL ACTION REQUESTED Motion to accept the quotation in the amount $13,600 from EJ Mayer ’s Inc. Corcoran, Miruiesota for the directional boring work on the Wildhurst Trail Forcemain Relocation Project with funding from the Sewer Fund Ciqiital Budget and approval of the rqipropriate year 2005 budget adjustment to reflect this expenditure. Motion to accept the quotation in the amount $5,500 from Valley-Rich Inc. Chaska, Minnesota for the lift station piping connection work on the Wildhurst Trail Forcemain Relocation Project with funding from the Sewer Fund Capital Budget and approval of the appropriate year 2005 budget adjustment to reflect this expenditure. Motion to accept the quotation in the amount $4,225 from Valley-Rich Iik. Chaska, Minnesota for the lift station I&l reduction woric on the Wildhurst Trail Forcemain Relocation Project with funding from the Sewer Fund I&l Line Item Budget. /h - : v.:.' :j W\LOHO|LS1 ItlMl is V \ LifTSTMiftt sxtuftn f0$,cfikhtH 6H»5.vn» S?U/FP. FdAfsi LAmiK)£ FMt r i ■ ■ m I ! REQUEST FOR COUNCIL ACTION Cni“CPTING JUL 2 5 2005 CITY UK ORONO DATE: July 25,2005 ITEM NO.: / S Department Approval: Nanc Gregofy A. Gappa Title Director of Public Services Administrator Reviewed: Agenda Section: Public Services Director's Report Item Description: Approve Payment ofnminent Domain Settlement Elmwood Alley Council approval is required for payment of the Commissioner’s Award in the amount of $23,024.15 to Charles E. Carlson, 1305 Elmwood Avenue for the Elmwood Alley Vacation Eminent Domain Proceedings. The staff recommendation is that this expenditure be paid from the 2005 General Fund Contingency Budget which will require a budget adjustment. COUNCIL ACTION REQUESTED: Motion to approve payment of the Conunissioner’s Award in the amount of $23,024.15 to Cha'les E. Carlson, 1305 Elmwood Avenue, for the Elmwood Alley Vacation Eminent Domain Proceedings to be funded fhmi the 2005 General Fund Contingency Budget, and approval of a budget adjustment to reflect this expenditure. 1 I COMM/^ii nfrrrii^g REQUEST FOR COUNCIL ACTION j(j|^ 2 5 2005 DATE: July 25,20«aTY OF ORONO ITEM NO.: Department Approval: Naeic Gregoiy A. Gappa TUIc Director of Public Services Administrator Reviewed: Agenda Section: Public Services Director’s Report Item Description: Request for Payment Ut, Webber Hills Extension Sanitary Sewer Project We have reviewed the information submitted by the City's engineering firm and recommend approval of this Request for Payment. COUNCIL ACTION REQUESTED: Motion to iqrprove Request for Payment Number I, Webber Hills Extension Sanitary Sewer Project to E. J. Mayers Inc. in the amount of $9,326.15 f&mmm ■ Ml r u- l/lBonestroo Anderik& |\| Assodales Engineers 4 ArdMects Owner Citv of Orono. PO Box 66. Crystal Bay. MN 55323-0066 Date:July 19. 2005 For Period;5f9f200S to 7/19/2005 Request No:1 Contractor.E. J. Mayers. 21360 Larkin Road. Corcoran. MN 55340 CONTRACTOR'S REQUEST FOR PAYMENT WEBBER HILLS SANITARY SEWER EXTENSION BRA FILE NO. 000139-05157-0 SUMMARY 1 2 3 4 5 6 7 8 9 10 11 12 Original Contract Amount Change Order - Addition Change Order - DeduCticn Revised Contract Amount Value Completed to Date Material on Hand Amount Earned Less Retainage 5% Subtotal Less Amount Paid Previously Liquidated damages • AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 10.40260 S s 0.00 000 10.402 60 9.817 00 000 9.817 00 490 85 9.326 15 000 0.00 9.326 15 Recommended for Approval by: BOI^STROO. R08ENE. ANDERUK A ASSOCIATES, INC. 4^ Approved by Contractor EJ MAYERS Approved by Owner; CITY OF ORONO Specified Contract Completion Date: July 31,2005 Date: iV''. • No.Nem PARTI-BASEBIO: 1 1-1/2" HOPE, SDR 11 DIRECTIONAL DRILLED 2 1-1/4" HOPE. SERVICE PIPE SDR 11 1-1/2* HOPE. SDR11 DIRECTIONAL DRILLEO WITH HOPE CASIN 1-1/4" CURB STOP /VND BOX 1-1/2" ISOLATION VALVE 6 TERMINATION FLUSHING CONNECTION 7 CONNECT TO EX. TERMINATION FLUSHING CONNECTION 8 SILT FENCE, MACHINE SLICED TOTAL PART 1 • BASE BIO: Contract Unit Quantity Amount Unit Quantity Price to Date to Date LF 645 6.98 600 S4.1B8.00 LF 10 10.00 10 $100.00 LF 70 17.15 60 $1.029 00 EA 1 1000.00 1 $1,000.00 EA 1 1250.00 1 $1.250 00 EA 1 1250.00 1 $1.250 00 EA 1 1000.00 1 $1.000 00 LF 100 1.00 $0 00 TOTAL PART 1 - BASE BID: TOTAL WORK COMPLETED TO DATE Ik Ml mWW rt'/' ar’i^ nm^‘'r-^ •Ir .' c '■> ? . V > 1!‘ 1,; .*; ■ 59.81700 $9,817.00 59.817.00 <■ PROJECT PAYMENT STATUS OWNER CITY OF ORONO BRA FILE NO. 000139-05157-0 CONTRACTOR E J MAYERS CHANGE ORDERS No. Date Description Amount Total Change Orders PAYMENT SUMMARY No. From 1 I 05/09/2005 I 07/19/05 Payment Retainage Compieted 9,326.15 490.85 9.817.00 Material on Hand Total Payment to Date $9,326.15 Original Contract $10,402.60 Retainage Pay No. 1 490.85 Change Orders Total Amount Earned $9,817.00 Revised Contract $10,402.60 mm • ••• Jr •: • M itnmeoi * REQUEST FOR COUNCIL ACTION JUL 2 5 2005 DATE: July 23p0DO9F ORONO ITEM NO.: Dcpartnenl Approval: Nine Gregory A. Gappa THIe Director of Public Services Administrator Itwn Dfac^ptiou- Request for Final Payment, ^rden Lane Sanitary Sewer Extension Project iewcd: Agenda Section: Public Services Director's Report We have reviewed the information submitted by the City's engineering firm and recommend approval of this Request for Payment. COUNCIL ACTION REQUESTED: Motion to approve Request for Final Payment, Garden Lane Sanitary Sewer Extension Project to G.L. Contracting Inc. in the amount of $1,566.45 ■■ ’ mm MBm- ■ ■d'^' F :t4f^ ■ I^Bonestroo g^Bosene Anderik& ^Associates engineers A Archifecu SUMMARY 1 OrigI 2 Change Order - Addition 3 Change Order - Deduction 4 Revised Contract Amount 5 Value (Spieled to Dale 6 Material on Hand 7 Amount Earned 8 Less Retainage 0% 9 Subtotal 10 Less Amount Paid Previously 11 Liquidated damages • 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. $ $ 0 00 000 2 AND FINAL 5. $. $. $ $ $ S S $ Owner Cilv of Orono. PO Box 66. Crystal Bay. MN 55323-0066__________Date:July 19.2005 For Period:11/18/2004 to 7/19/2005 Request No:2 AND FINAL Contractor.G L. (^ntractinq. Inc . 4300 Willow Drive. Medina. MN 55340 Contract Am CONTRACTOR’S REQUEST FOR PAYMENT GARDEN LANE SANITARY SEWER EXTENSION BRA FILE NO. 000139-04149-0 9unt s 25.757 98 25.757.98 25,079 78 0.00 25.079.78 0.00 25,079.78 23.513 33 000 1.566 45 Recommended for Approval by: BONESTRCX). ROSENE. ANDERLIK & ASSOCIATES. INC. Approved by Cbntractor G L CONTRACTmG INC Approved by Owner CITY OF ORONO SpecHied Contract Completion Date: ir 31.2004 Date: 1 2 3 4 5 6 7 8 9 10 11 12 BASE BID: MOBILIZATION CONNECT TO EXISTING MH 4'DIA.SANMH-8* DP SAN. MH OD 8-PVC, 8’. 10* DP 8-PVC. 10*-12* DP 4* PVC SERVICE REMOVE AND REPLACE CONCRETE CURB AND GUTTER BITUMINOUS STREET PATCH SEEDING SILT FENCE. MACKHNE SLICED TELEVISE SANITARY SEWER TOTAL BASE BIO: TOTAL BASE BID: TOTAL WORK COMPLETED TO DATE Contract Unit Quantity Amount Unit Quantity Price to Date to Date LS 1 1516.80 1 $1,518.80 EA 1 4492.40 1 $4,492.40 EA 2 2031.10 2 $4,062.20 LF 4 100.30 4 $401.20 LF 130 23.10 199 $4,596.90 LF 170 27.10 100 $2,710.00 LF 55 11.50 55 $632.50 LF 30 33.30 53 $1,764.90 SY 100 42.40 79 $3.34960 AC 0.15 5412.50 0.11 $595 38 LF 300 2.20 285 $627.00 LF 300 1.10 299 $328 90 . * m:. ■'y/::1^.«w “t; -.Jr ■ -..V ' » - • ^ $25.07978 $25,079.78 $25,079.78 [! ■; PROJECT PAYMENT STATUS OWNER CITY OF ORONO BRA FILE NO. 000139-04149-0 CONTRACTOR G L CONTRACTING INC CHANGE ORDERS No.Date Description Amount Total Change Orders PAYMENT SUMMARY No.From To Payment Retainage Completed 1 09/06/2004 11/17/04 23.513,33 1.237.54 24.75087 2 AND FINAL 11/16/2004 07/19/05 1.566.45 25.079.78 Material on Hand Total Payment to Date $25,079.78 Original Contract $25,757.98 Retainage Pay No. 2 AND FINAL Change Orders Total Amount Earned $25,079.78 Revised Contract $25,757.98 r> f tmiwrir mi^i fTriitfi r-wi i iTTirrr^-rhTta inaiMiiTNm^ rv htti DATE:J«ly 21,2005 ITEM NO: ^. REQUEST FOR COUNCIL ACTION JU12 5 200S CITroFORONO Dcpartncat Approval: Niae Ronald J. Moorse THIc City Administrator Admiaittrator Reviewed:Agenda Section: City Administrator ’s Report Item Description : Invoice for LongA^e Fire Station Landscaping A number of areas at the Long Lake fire station were in need of landscaping improvements to enable the station grounds to be attractive and easy to maintain over the long term. Also, the area on the south side of the southern entrance drive needed to be seeded. This was completed by Midland Nursery at a cost of $7,603.50. The invoice is attached. COUNCIL ACTION REQUESTED Motion to approve the payment of $7,603.50 to Midland Nursery for the landscaping improvements, to be paid from the Joint Fire Station Construction Fund. ■V Midland Nuraary 2425 Highway 55 Hamel. MN 55340 Phone# 763-478-6122 Fax # 763-478-9542 Invoice Date Invoice # 7/11/2005 2778 Bill To City of Long Lake Attn: Accounts Payable PO Box 606 Long Lake, MN 55356 Project Long L^ 1 !il 1) 1 ............ !i ' JUL14ZIK { : i-V________ P.O. Number Terms Rep Project Net 30 HF Long Lake Fire Station Quantity Description Price Each Amount AREA1 Sod Removal 110.00 110.00 315 S.F. of Rock Mulch & Fiber Underiayment AREA 2 1.50 472.50 2,850S.F. of Rock Mulch to replace bark mulch AREA3 1.00 2,850.00 23 Remove and replace mulch around trees AREA 4 54.00 1.242.00 1 ;i Remove small tree on north side of building AREA 5 35.00 35.00 :i Remove edging and mulch on north side of building 215.00 215.00 15 S.Y. of sod and black dirt to replace mulch AREA 6 4.00 60.00 400 S.F. of Bark Mulch topdress and remove weeds 2.00 800.00 3 Pee Gee Hydrangea Tree 133.00 399.00 3 Transplant shrubs AREAS 30.00 90.00 40 Feet of 6" drain tile, connect to existing tile, cut tile into curb 3.75 150.00 80 L.F. of Steel Edging 6.00 480.00 280 S.F. of Rock Mulch & Underiayment 1.50 420.00 Total Thank you for your bwineM. A 1 .3% finance chai|e will be applied lo all overdue invoices. Pagel ■ I re« MMOnt MY MMIand Nursery 2425 Highway 55 Hamel. MN 553^0 Phone# 763-478^122 Fax # 763-478-9542 Invoice Date Invoice# 7/11/2005 2778 Bill To City of Long Lake Attn: Accounts Payable PO Box 606 Long Lake, MN 55356 P.O. Number Terms Rep Project Net 30 HF Long Lake Fire Station Quantity Description Price Each Amount 120 AREA 9 S.Y. of Prairie Seed Removed (10) sprinkler heads and line and tapped off 1.50 100.00 180.00 100.00 Total 67.603.50 ThMk you fcr your bmiiWM. A I.S% liranoe diarfe will be ifiplied lo all overdue invoices. Pige2 Co^ DATE: July 21,2005 ITEM NO: REQUEST FOR COUNCIL ACTION Jutssams “’^OPOBONO Dcpartmcut Approval: N imc Ronald J. Moorse TUIe City Administrator Administrator Reviewed:Agenda Section: City Administrator ’s Report Item Description : Donations for the Ofmration of the Highway 12 Shuttle/Circulator Bus With the closure of the May Street and Bollum Lane access points across the new Highway 12 corridor, leaving the Willow Drive bridge as the one access point across the corridor, there was a need to provide for pedestrian access across the corridor. This need is being met by a shuttle/circulator bus that operates along the roadways that Orono and Long Lake share as a common boundary, as well as along local roadways in both the Long Lake residential area and the downtown area. Funding for the bus service is being provided through donations from local businesses. The cost of oi»e week of bus service is $1,680. To this point, the State Bank of Long Lake and Hickory Fine Homes have each provided a donation to pay for one week of bus service. Morrie’s Automotive Group has provided a doiuition to pay for two weeks of bus service. COUNCIL ACTION REQUESTED Motion to approve donations from the State Bank of Long Lake, Hickory Fine Homes, and Morrie’s Automotive Group to fund the Highway 12 shuttle bus, and to express the City’s appreciation for the donations. t' 'V.-\ ::mm mi ‘ I DATE: Jnly21,2005 ITEM NO: REQUEST FOR COUNCIL ACTION I4CCTMVJQ ^UL 2 5 2005 CITY OF ORONO DcpartMCBt Approval: N«m« Ronald J. Moorse THk City Administrator Administrator Reviewed: Item Descriptioa: Police Sergeant 200MDontract Settlement Agenda Section: City Administrator's Report A settlement has been reached with the Police Sergeant bargaining unit regarding the 2005 contract. The settlement is similar to the Police Officer 2005 settlement. The terms of the settlement are as follows: Wages: -3% increase -Add an entry pay step at 95% of the Sergeant rate Insurance: $565 per month (an increase of $65.00 per month) Premium Pay Holidays: Increase from 7 to 10 (similar to the Police Officers) (These are holidays for which hours worked are paid at the overtime rate) COUNCIL ACTION REQUESTED Motion to approve the Police Sergeant 2005 contract settlement with a 3% pay increase, the addition of a 95% entry pay step, an insurance contribution of $565.00 per month, and an increase from 7 to 10 premium pay holidays. * 5; • . ■ : i A-.-- Sm' * k IA Jrr J ORONO POLICE DEPARTMENT REQUEST FOR COUNCIL ACTION M 2 5 2005 CITY Or ono/vj Date: 07/25/05 Item No: ^ Department Approval: ^4. Name: Kurt Erickson AdminisUtitor Reviewed:Agenda Section: Exhibits: DISCUSSION: On 12/15/04 the Orono Police Department took custody of a 2001 Chevrolet Camaro (vin: 2G1FP22K112141197). The daughter of the owner of this vehicle ran into two cars in two separate accidents before being arrested for DWl. As a result of that DWI and final court action the car has been forfeited to the City of Orono and title to the car is in the city's possession. Due to the damages the car is not salable through normal channels. Insurance Salvage Service in Long Lake has agreed to sell the car for us at one of the* actions for salvage value to body shop people. On 12/02/04 the Orono Police Department took custody of a 1994 Ford Explorer (vin: 1FMCU24X5RUB53544) as the result of a DWI. The court process in this matter has concluded and title to that vehicle now rests with the City of Orono as a result of the DWI forfeiture process. The police department would like authorization to sell both vehicles with funds being turned over to the forfeited vehicle iimd maintained by the city for police use. As previously mentioned the Chevy Camaro will be sold through Insurance Salvage Service at one of their regular auctions. The other vehicle will be sold by advertising for bid in our legal paper and posting notice at three post offices in the city. The high bid after two weeks time will be accepted. COUNCIL ACTION REOUESTED: A motion to approve the police department selling a 2001 Chevrolet Camaro vin: 2G1FP22K112141197 and a 1994 Ford Explorer vin: IFMCU24X5RUB53544 as surplus city property. REQUEST FOR COUNCIL ACTION 25 200$ DATE: July 25,00^^ ITEM NO: d?5 ORONo Department Approval: Naaie Stepluiay Good TMc ChkfofPolkc Item Description: Hire Full Time Exhibits: None DISCUSSION tor Reviewed:Agenda Section: City Administrator ’s Rqmil unity Service Oflicer The Council approved the testing and hiring for the position of Conununity Service Officer (CSO) at a regular Council meeting on 6/13/OS. The Police Department conducted a competitive hiring process consisting of two interviews, a written test, and a background and wishes to hire one full time CSO. The police department currently employs one part time CSO. The full time position was vacated onJuIyll,2005. Ashley O’Rourke tested for and qualified for the full time position of CSO. Ms. O’Rourke completed a two year degree at Fond Du Lac Conununity College in Duluth and woiked as a volunteer for the Duludi Harbor Safety CouikiI where she was employed on bike patrol. She currently assists a developmentally disabled child also as a volunteer. She has work experience in retail loss prevention. Ms. O’Rourke is interested in obtaining a law enforcement position, but would like to conq>lete her four year degree first. She resides in Eden Prairie. COUNCIL ACTION REQUESTED: Motion to hire Ashley O’Rourke as a full time Conununity Service Officer at the beginning pay rate of $12.95, effecUve 7/21/05. ■4 •. I i. . . CO(MiCff Mr—. REQUEST FOR COUNCIL ACTION C/Ty qf Of?o, DATE: July 21,2005 i k ITEM NO: Administrator Reviewed:Department Approval: Name Lin Vee Title City Clerit__________________________ Item Description: List of Licenses for Council^pproval iprK Agenda Section: Licenses GARBAGE HAULER 1. Allied Waste Services (BFI) 9813 Flying Cloud Drive Eden Prairie, MN 55347 2. Baldy Sanitation, Inc. 5906 Henry Street Maple Plain, MN 55359 SPECIAL EVENT 3. Applicant: Event: Location: Date: Time: Julie Johnson Wedding and picnic for approximately 100 guests 2530 Fox Street Sunday, August 21,2005 Noon - 8:00 p.m. TOBACCO LICENSE 4. Snyders Drug Store #5025 Carol Fillyaw 2380 Shadywood Road Note: Snyders had an employee who failed a recent compliance check and has been prosecuted. COUNCIL ACTION REQUESTED: I to appiove/deny the above listed licenses. lAitinniiiVri • •«... City of Orooo Box 66 (2750 Kelley Parkway) Crystal Bay, MN 55323 (952) 249-4600 License Year o30 C6/JOO(^ Date Reccived~77 Fee Paid^^^^^nitiais ^jP Garbage & Refuse Collector's License Application The undersigned wishes to operate the indicated business in the City of Orono and herewith makes applications for a license to do so. Busineia/Fintn AlliJtP t/ASt€ _____ Address CicviiflL, (Street) ^ (City) ' Business Phone Number 9Vl^S/7y 50^ (State)(Zip code) OJnIApplicant's Name ____________ _________ Address 'Jbts Cjous^^y^iCG r(,/2lL Phone Number Check One: (Street)(City)(State) Individual Partnership (Zip code) Corporation Number of Vehicles to be used in Orooo Description of Vehicles (attach list if more): Year Mfar. Gross wt Rear Axle Wt,SizcATards License Number General area of City served_______^^'4^ Ct‘ri^<wCo5 Schedule of Collection charges/dates fit f/^OH L Jii: Approximate number of customers in Orono i Location of dumping area j m ORDER FOR THIS Af PLICATION TO BE PROCESSED, YOU MUST INCLOSE THE FOLLOWING: ■ Suret>' bond in the amount of $1,000. ■ Proof of insurance in the amount of S 100,000 - S300,000 - SSO.OOO and 10>day cancellation clause. m Annual fee is a SS0.00 flat rate fee, plus SIS.OO per truciL and a S30.00 transfer fee (if applicable) I am the owner and operator of the above business and I have paid all license fees and taxes required by taw. I have verified thatllieTbove inforotAoo ur^Urrect Applify ^ignati Date FOB CITY USE ONLY: After review of applicalioo, staff lecomniends: r Approval __Denial Other (specify) Signature ofreofCiVOfBcial^ * } . • » f : VEHICLES PR0FH3SED TO BE USED immmm Sl^tli .■«?S ■&s. 1. Wap ncn'/ uao i^sqs^to^irM 2. Y/)3T 212\ I 9?__ /1Tajt4, 5405 ^ I XfJTL U 02^ Hpp.fi. irsM> 0'>^ I fi^A^LoAC s.IV/lM moM . <505 1 /■nyjTL 03L 1 LtAJ) t 6.IvHn cunU <)oq //Afif^lc l,<?5 1 /lefif^U^ 7.VAp i/<tn /Pt)t^O 1-03 8.Map <,P3.1 /fok^f 05 Mif^^ fftdu/^ 9.5^7/V li.C|?/p^tjD 03 jAini fmi£^ 10.YUi 3i6i QOl / 11.WtT Slk'l tl'iO /A^/?U 1 a</ 12.Y/IA 659V 511 /Jf^ct 9V 1 13. 14.0 1 15. IS.. • 17. A •• 18.• 19.• ■ 20.1 4i 21.••1 ‘-I " V1 V Y' p h:’ 7»* ' r BFI Truck Information Siac/YTds Gross Weight WMr Arle Weight 420 513 601 604 605 609 •61T Varies 25 13 25 25 25 63000 54000 33000 54000 54000 54000 44000 40000 23000 4 4 4 • ixr I • — 35000 ^9000^ ■m99-tseo o 691 692 693 -994- -92fr 6 6 6 19000 19000 19000 ^1509 13000 13000 13000 43000 —49 «509 43tKXr 511 qo) 25 mO I i:i:r 6«yS0O H3,cot> h-;. ■ 's;- .i.- . . .--Batifc:, 4 :■ City of Orono Boi 66 (2750 Kelley Parkway) Crystal Bay. MN 55323 (952)249-4600 License Year ] c Date Receive^ ^^0$ Fee Paid(j6!_ - '^O/Vo Garbage & Refuse Collector's License Application The undersigned wishes to operate the indicated business in the City of Orono and herewith makes applications for a license to do so. s>r ffti) c^S:rf (Street) ' (City) (State) (Zip code) Business Phone Number *103 j Business/Firm Address Applicants Name Address ___jti/t-Ft-e s-jrsrj Phone Number Check One:Individual Partnership (Slate) (Zip code) Corporation Number of Vehicles to be used in Orono Description of Vehicles (attach list if more): Ktfgr. Gross wt. Rear Axle Wt. -^"7. OOP _3}^,.£C0 SizeATards License Numdumberrrr9 General area of City served Schedule of Collection charges/dates Approximate number of customers in Orono Location of dumping area IN ORDER FOR THIS APPLICATION TO BE PROCESSED, YOU MUST INCLOSE THE FOLLOWING; • Surety bond in die amount of SI,000. • Proof of inaumnce in the amount of S100,000 - $300,000 - SSO.OOO and 1 0-day cancellation clause. ■ Anual fee it a S5B.66 flat rate fee, nlut S15.90 per truclu and a S39.00 transfer fee (if applicable). I am the owner and operator of the above business and I have paid all license fees and taxes required by law. 1 have verified that the above infoonatioo is conecL 0/tfcf' Applicaot Date FOR CITY USE ONLY: After review of applicatioo, staff recoiwnends: Approval ____Denial ____Oth« (specify) ^ V # CITY OF ORONO SPECIAL EVENT PERMIT Date Issued: Date of Event: Time: July 25,2005 Sunday, August 21, 2005 Noon ■ 8:00 p.m. Name of Person(s) And/or Organization Sponsoring this Event: Julie Johnson 2530 Fox Street Orono, MN 55391 Phone: 612-867-2922 / Location of Event: 2530 Fox Street Type of Event:Wedding and picnic for approximately 100 guests The following documents are required and on file at the City Administrative Offices: • Approval from Orono Police Department • Approval from Orono Building and Zoning Department The following conditions have been placed on this event: • The Orono Police Depailment and its officers are empowered to revoke this special event permit at any time for any safety concerns that are not immediately resolved by the permit holder or a representative of the permit holder. This revocation shall cause the immediate cancellation of the event originally authorized by this permit. ■ By acceptance of this special event permit, the permit holder, on behalf of any and all organizatioiu and private persons granted authority to operate under the special event permit, agrees to indcrrmify and hold harmless the City of Orono from all claims arising from said event. The ^'ermit holder, all organizations and private persons exercising authority under this permit, do waive and release all claims agauist the City of Orono, its officers or engiloyees for any daitage to person or property arising from the exercise of privileges granted by this permit and agrees to hold ha^ess the City of Orono, its eirqrloyees and officers from any such claiia • Notification of the event to be provided to the neighbors indicating the date and hours of the event, purpose of the parly, and the contact name and phone nurriber of a live person (not voice mail) who has authority to resolve complaints during the event and to address any questions or concerns prior to the evenL ■ All nwsic mist end by 10:00 p.m. • No alctriiol may be served to any person under 21 years of age. • Paridng is to be restricted to one side of Fox Street. • If the Alano parking lot at 2760 Fox Street is used, approval must be received from the property owner and ahuttle service provided to the event at 2530 Fox Street. ■ Ensure access is maintained to aU homes - no driveways to be blocked. • Permit holder is responsible for inspecting the area after the event and repairing any damage caused by parking, removing any event-related signs, and cleanup of any event-generated debris. Approved at City CoaocU meeting on: July25,2(X)5 (City Seal) Ronald J. Moorse, City Administrator 2750 Kelley Parkway, P.O. Box 66, Crystal Bay, MN 55323 Phone; 952-249-4600 / Fax: 952-249-4616/www.ci.orono.mLUS 1. 2. 3. APPLICATION FOR LICENSE j ^ SELL TOBACCO PRODUCTS ^^TAND TOBACCO RELATED DEVICES <OrdiiiADC« lk>. 164, 8«cond 8«rics - Adopted 12/08/97) m Make check payable to: City of Orono Mailing address:P.O. Box 66 Crystal Bay, MN 55323 FEE: $100.00 (February 1-January 31) DATE Applicant's Full Name -|w' S-W-o, • C^>rxl ___________ RRST 1 MIDDLE LAST AiOu, HOUSE NUMBER IT A(U^r<ss Uj jAn-t-j-tjvvL CITY lUiJ STREET HOME PHONE STATE Applicant's Business T^e4utlL cLrix«* S'^c yPir\£./KA^u^ OFBUSINESS J ^ ^ 5n^_tc^^vs -S4w<. SuiS busimI^name c/>/ Sgjg. cJgevo BUSINESS PHONE 739^0 t^oocP STRECT ADDRESS ^ O/'OA-O . ■ A/A-Z MAILING ADDRESS OTY Describe how the actual physical exchange of the tobacco, tobacco product, or tobacco related device between the customer and the licensee or em^yee takes <.c^o artdLu-c^ suql, b^Au:y>J^ .G.u44*m-e^ tobaccojeiatod device oetwo tAmcrnTjopeLCto pr^dLu-c^ iLOXi/ aJa h.fL^Uuit /LLUM- lAfcrr-f-^ Qj k.'t.^iriL h^-AulyyJ^_________ •4a pt4-Vc/.^. <i4-iyv<*~^ t'i dyL '^ro duc^ * I HEREBY MAKE APPLICATION FOR LICENSE TO SELL TOBACCO. TOBACCO PRODUCTS. OR TOBACCO RELATED DEVICES AT THE ABOVE LOCATION SUBJECT TO THE LAWS OF THE STATE OF MINNESOTA AND THE ORDINANCES OF THE CITY OFORONO. Tlw HmnOf of* BcaniP undBr Mt ORMMno* Vm* to ooruMww: • prMtop, antf no( anibMM,/W* oTM* e¥>*can( «itf «M nor MMto Vw AoMir ID tn autonwliic nwMiM/or «w lioMiM. ir t i ? C L i : < ! ! i i Stutc of Mionesoto CoHDty of Hcooepin CHy of OroBO License No. 05*11 Amount:$100.00 m ScoMeS^cill A license to sell tobacco and tobacco products and tobacco related devices at retail in the City of Orono in said county and state for the term of one year, beginning with the first day of February 2004; subject to the laws of the State of Minnesota and the ordinances and regulations of said City of Orono pertaining thereto; is hereby granted to the following: Granted to:Carol Fillyaw Business Name;Snyders Drug Store #5025 Business Address:2380 Shadywood Road Business Descriptton:Drug store/Phaimacy Issued by authority of the City Council of the City of Orono, Minnesota on July 25,2005. Attest: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor (Seal) ,r r k -t f * •. V ' * ■t I t ^ t • i» . * r > • ® V ' H / 1^ © 1 J I CtMCk NumlMr EmployM Name 055235 004512 004513 004514 004515 004516 004517 004518 004519 004520 004521 004522 004523 004524 004525 004526 004527 004528 004529 004530 004531 004532 004533 004534 004S35 004536 004537 004538 004539 004540 004541 004542 004543 004544 004545 004546 004547 004548 004549 004550 004551 004552 055204 065205 055206 055207 055206 055200 055210 055211 055212 055213 055214 055215 065216 055217 055216 055219 065220 PMARO, CHRISTOPHER M MOORSE. RONALD J SILUS. BARBARA G VEE. LINDA S KUEHN. THOMAS M OLSON. RONALD J PETTIT. SANDRA K ANDERSON.BRUCE L BOBZIEN. SUE A BORIS. SCOTT W. BUDIG. STACIE M CORNICK. JAMES L DAY. SUSAN J DEMBOUSKI. JAY C. FISCHER. CHRISTOPHER K GOOD. STEPHANY R MCNICHOLS. DAVID L RUSSETH. KYLE M SCHOENHOFF. JOHN B STENSRUD. CHAO R TOEWE. KIMBERLY D TOMCHECK. LAWRENCE F. TOMCZYK.MARKW. WHITE. ANTHONY J. WITTKE. ANTHONY A. KUSZCZ. DAVID A PHARO. CHRISTOPHER M CURTIS. MELANIE QAFFRON. MICHAEL P. GAPPA. GREGORY A. GIBBS. WIUIAM R OUNOLACH. JANICE J. MEYER. WILLIAM C OMAN. LYLE E DEBAERE. DONALD L FASCHING. GREGORY P HANSEN. STEVEN OBERAIGNER. SCOTT G OBRIEN. RANDY L PALMER. GREGORY A RATHBUN. BARRY J. PETERSON. TAYLOR F. DODGE. RACHEL M LESKINEN. DENISE M BOBZIEN. SUE A BORIS. SCOTT W ERICKSON. KURT R FARNIOK.CORREYL FI8CHENICH.OANT. MA080N. ADRIENNE M MCNICHOiS.OAVK)L MOROWCZYNSKI. JAMES PER8EU. WHJ.IAM R TOMCHECK. LAV^NCE F OAFFRON.MICHAELP. OMAN. LYLE E VANG. BRUCE L GREGORY. JAMES D. NANSEN. STEVEN Pay Pariod 15 1 15 15 15 15 15 15 15 15 15 IS 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 19 J 16 15 IS 15 15 CITY OF ORONO check register Chack Amount $20331 12.389 44 $580.15 $1.11043 $1.40918 $1,231.14 $1.094 24 $1.770 94 $855 00 $20 00 $896 40 $1.855 64 $1.168 82 $2.10981 $1.883 41 $2.002 80 $1.100 00 $1.494 90 $2.03561 $1.420 03 $1,336 07 $900 00 $1.469 00 $1,301.30 $1.458 43 $165 15 $1.026 03 $1.223 96 $12500 $1.820 42 $1.248 38 $1.350 29 $73442 $1.400 00 $1,301 50 $1,021.41 $87500 $1.435 53 $550 00 $400 00 $200 00 $12283 $1.069 89 $97628 $88 68 $1.696 67 $1,647.12 $1.60060 $1.61618 $666.12 $701.02 $1.65049 $24947 $963.77 $1.436 95 $356 76 $1.365 06 $926 02 $302 04 Chacli Data Chack Status 7/20/2005 Outstanding 7/20/2005 Outstanding 7/20/2005 Outstanding 7/20/2005 Outstanding 7/20/2005 Outstanding 7/20/2005 Outstanding 7/20/2005 Outstanding 7/20/2005 Outstanding 7/20/2005 Outstanding 7/20/2005 Outstanding 7/20/2005 Outstanding 7/20/2005 Outstanding 7/20/2005 OutstaiK^^ng 7/20/2005 Outstanding 7/20/2005 Outstanding 7/20/2005 Outstanding 7/20/2005 Outstanding 7/20/2005 OutsUnding 7/20/2005 Outstanding 7/20/2005 Outstanding 7/20/2005 Outstanding 7/20/2005 Outstanding 7/20/2005 Outstanding 7/20/2005 Outstanding 7/20/2005 Outstanding 7/20/2005 Outstanding 7/20/2005 Outstanding 7/20/2005 Outstanding 7/20/2005 Outstanding 7/20/2005 Outstanding 7/20/2005 Outstanding 7/20/2005 Outstanding 7/20/2005 Outstanding 7/20/2005 OutsUnding 7/20/2005 Outstanding 7/20/2005 OutsUnding 7/20/2005 OuUUndtng 7/20/2005 Outstanding 7/20/2005 Outstanding 7/20/2005 Outstanding 7/20/2005 Outstanding 7/20/2005 OutsUnding 7/20/2005 OutsUnding 7/20/2005 OutsUnding 7/20/2005 OuUUnding 7/20/2005 OutsUnding 7/20/2005 OuUUnding 7/20/2005 OutsUnding 7/20/2005 OuUUnding 7/20/2006 OuUUnding 7/20mi5 OuUUnding 7/20/2005 Outstanding 7/20/2005 OutsUnding 7/20/2005 OuUUnding 7/20/2005 OuUUnding 7/20/2005 OuUUnding 7/20/2005 OuUUndmg 7/20/2005 OuUUnding 7/20/2005 Outstanding 07/21/05 11:19 AM Pagel roiiai/^n tirrcTiiyiQ JUL 2 5 2005 cmyoforono . r J 1 CITY OF ORONO W!'»’ ClMCh .. , . i/» ' . i‘A n(»•••'»'■ » Pay check register Omck Chack NumiMr CifiployM N«n«Pcftod Amount OatoOMckStetuft 055221 OBRIEN. RANDY L 15 $564 39 7/21V2005 Outstanding 055222 PALMER, GREGORY A 15 $90951 7/20/2005 Outstanding 055223 RATHBUN. BARRY J.15 $1,696.48 7/20/2005 Outstanding 055224 SKREEN, DALE S.15 $1,132 29 7/20/2005 Outstanding 055225 ElOUM. PHILIP 15 $272.24 7/20/2005 Outstanding 055226 HAAIBRO.MARSHAUJ.15 $62 86 7/20/2005 Outstanding 055227 JENSEN. ROONEY W.15 $172.87 7/20/2005 Outstanding 055228 MCINTYRE. WILLIAM E 15 $255.37 7/20/2005 Outstanding 055229 PEICKERT. GARY J.15 $317.33 7/20/2005 OutsUnding 055230 ROSS. JOHN A 15 $168.17 7/20/2005 Outstanding 055231 SCHNEIDER. LLOYD 15 $158 56 7/20/2005 Outstanding 055232 SMYTH. KATHERINE R.15 6206.23 7/20/2005 Outstanding 055233 STEFFENHAGEN. RONALD 15 11.409 23 7/20/2005 Outstanding 055234 STORK. JOHN T.15 126324 673.465.00 7/20/2005 Outstanding mMm :-y A. ■ .A-. , ‘^■^•- •>/:'.■■■I- A A'A?V;fc yyy ;:iJk :>sVv-;■i . • • -A < ■ ^ : -t ■ =. i-. :--• A-.- AA,.'] ; - -.. ..:■. '. ■••^”;. A-v. Ai--A:■• ■ ^ ■ "A.A?- . -. * 4 ••<’• . 4 . . ,.vv>4A^- : .^ ; ■ ^A'^.-y''.:':. ‘y y^-:'."'A^ ■■ 07/21/05 11:19 AM Page 2 j CITY OF ORONO 07/2(V05 9:17 AM Pagel *Check Detail Registei® JULY200S Check Amt Invoice Comment 10100 PrtmoiyCaeh Petd Chki 001326 7/2V2005 FIRST NATIONAL BANK OF LAKES G 101-21701 FedemIVWthtwIdiwg $11,022.05 G 101-21703 FICATwVMihhoMing $5,079.82 G 101-21703 FICAT«VWhholdin9 $5,07962 Total FIRST NATIONAL BANK OF LAKES $21,18169 PaktChk# 061327 7/2(V2005 ICMA RETIREMENT TRUST - 457 G 101-21705 Other RaUramenl $1.188.62 ToM ICMA RETIREMENT TRUST-457 $1.18862 Paid Chki 061328 7000005 LAWENFORCMENT LABOR SERVICE G101-21707 Union Ouaa $718 52 Total LAWENFORCMENT LABOR SERVICE $718.52 ‘PJSdTShETSniSo 7000005 MN DEPT OF REVENUE 0101-21702 State VMthhoMing $4.62874 Total MN DEPT OF REVENUE $4.62874 Paid CkU 061330 7000005 MN STATE RETIREMENT SYSTEM 0101-21718 Poet Empteymarn Haalth $322 49 Total MN STATE RETIREMENT SYSTEM $32249 TaidChli# 081331 7000005 NATK)NWN)E RETIREMENT SOLUTION 0101-21705 OtharRaUramonl $2,005.00 0101-21705 Other Ratkamant $172.85 Total NATSSNWIOERETnEMENT SOLUTION $2,177 85 Md eMd '' ffSttiSR orchard trust co . trusteea :ust 0101-21705 other RatiroiTwnl $3,032.68 TatM ORCHARD TRUST CO. TRUSTEE/CUST $3.032 68 PUBLIC EMPLOYEES RETIREMENT 0101-21704 PERA $7,811.96 0 101-21704 PERA $6.022 95 Total PUBLIC EMPLOYE RETBIEMENT $13.634 93 Paid CMJ 681334 7/20/2005 UNITED WAY G101-21706 umiadway $86.00 Total UMTEOWAY $86 00 19100 PrlnWfyCaah $47,171.52 Fund Summaty 101 GENERAL FUND 10100 PtimatyCash $47,171.52 $47,171.52 m-cm FEDERAL W/H FiCA 8. MEDICARE W/H FICA & MEDCR CITY SHARE DEFERRED COMP.302030 I UNION DUES §40 & i168 STATE TAX W/H post retirement USCM-ENTITY 2339 OBRA 92343 MN STATE RETIREMENT ! PERA CITY StJkRE PERA EMPLOYEE WfH CHARITY DONATIONS CITY OF ORONO *Check Detail Register® 07/22/05 955 AM Pagel JULY 2005 Check Amt Invoice Comment 10100 Primary Cash Paid Chk# 080052 7/20/2005 DEW CORPORATION G 425-20600 Contracts Payable ($21,181 00) RFP#9F Void Check #80052 Total DEW CORPORATION ($21,181.00) PaidChMi 081220 7/1/2005 WHITE, TONY E 101-42110-437 Training 6 Development ($39.15) 6/13A)5 Void Check 81220 Total WHITE, TONY ($3915) PaidCnk# 081226 6/29/2005 MN DEPT OF HEALTH E 601-49400-441 Licenses 6 Taxes $2300 O'Bnen Operator License • 0‘Brien Total MN DEPT OF HEALTH $23.00 Paid Chk# 081227 7/6/2005 FIRST NATIONAL BANK OF LAKES G 101-21703FICA Tax Withholding $4,658 58 FICA & MEDCR CITY SHARE G 101-21703FICA Tax Withholding $4.858 58 FICA & MEDICARE W/H G 101-21701Federal Withholding $10,61502 FEDERAL W/H Total FIRST NATIONAL BANK OF LAKES $20.332 18 Paid ChkO 061226 7/6/2005 ICMA RETIREMENT TRUST • 457 G 101-21705 Other Retiremenl $1,188 62 Total ICMA RETIREMENT TRUST-457 DEFERRED COMP-302030 $1.18862 Paid Chki 061229 7/6/2005 LAW ENFORCMENT LABOR SERVICE G 101-21707 Union Dues $0.00 Total LAW ENFORCMENT LABOR SERVICE UNION DUES #40 & #168 $0 00 Paid Chki 361230 7/6/2005 MN DEPT OF REVENUE G 101-21702 State Withholding Total MN DEPT OF REVENUE $4.51294 STATE TAX W/H $4.512 94 PaidChki 061231 7/6/2005 MN STATE RETIREMENT SYSTEM G 101-21716 Post Employment Health $320 49 post retirement Total MN STATE RETIREMENT SYSTEM $32049 PaidChk# 061232 7/6/2005 NATIONWIDE RETIREMENT SOLUTION G 101-21705 Other Retirement $2.005 00 G 101-21705 Other Retirement $159 96 Total NATIONWIDE RETIREMENT SOLUTION USCM - ENTITY 2339 OBRA #2343 $2.164 96 PaidChk# 061233 7/6/2005 ORCHARD TRUST CO. TRUSTEE/CUST G 101-21706 Other Retiremeni __$3,032 68 Total ORCHARD TRUST CO. TRUSTEE/CUST MN STATE RETIREMENT $3.03268 Taidi tk# 061234 7/6/2005 PUBLIC EMPLOYEES RETIREMENT G 101-21704 PERA $7.666 40 G 101-21704 PERA $5.940 68 Total PUBLIC EMPLOYEES RETIREMENT $13,627 26 PERA CITY SHARE PERA EMPLOYEE W/H 1>aklChk# 061235 7/6/2005 UNITED WAY G101-2170S UnSedWay Total UNfTEDWAY $6600 CHARITY DONATIONS $0600 PaUl6M(l 0SlS6 7/11/2005 A.J. GALLAGHER S CO OF MN. INC E 001-4S400-370 kisuranoe Agent of Record $05.00 145630 E61649S30-370 Insurance Agent of Record $9000 145630 E10M1000-370 InsuranceAgenlofRecord $640 00 145630 3rd Qtr lnsurar>ce Agent Fee 3rd Otr Insurance Agent Fee 3rd Otr Insurance Agent Fee i: CITY OF ORONO 07/22/05 9:56 AM Pa9e2 *Check Detail Register© JULY 2005 Check Amt Invoice Comment E 10M2110-370 Insurance Agent of Record E 602-49450>370 Insurance Agent of Record ToCel AJ. GALLAGHER A CO OF MN. INC $1.060 00 145630 $21500 145630 3rd Otr Insurance Agent Fee 3rd Otr Insurance Agent Fee $2,100 00 Paid Chk« 081237 7/11/2005 ACCURINT E 101-42110-311 Data Processing Communication Total ACCURINT $30 00 129729120050 Database Accesr ' X)5 $30 00 Paid Chki 081238 7/11/2005 ADVANCED IMAGING SOLUTIONS E 101-41900-413 Office Equipment Rental $741 81 39985288 Total ADVANCED IMAGING SOLUTIONS Copier tease • 6/15/05*7/15/05 $741.81 Paid Chki 081239 7/11/2005 ALL STAR ELECTRIC E 602-49450-406 RepairsA4aint-Swr linesMs Total ALL STAR ELECTRIC $6517 9125 Ls«7 $65.17 Paid Chki 081240 7/11/2005 ANCHOR PAPER E 101-41900-201 Office supplies Total ANCHOR PAPER $615.80 10009457 Copy Paper $615.80 Paid Chki 081241 7/11/2005 ANDERSON, KRISTI E 101-41300-319 Other Professional Services Total ANDERSON. KRISTI $275.00 6/27/05 CC Minutes - 6/27/05 $275.00 Paid Chki 081242 7/11/2005 ARAMARK REFRESHMENT SERVICES E 101-41900-201 Office supplies $63.85 6013-478435 E 101-41900-201 Offioe supplies E 101-42110-201 Office supplies E 101-41900-201 Offioe supplies Total ARAMARK REFRESHMENT SERVICES $59.95 6013-480154 $4.95 6013-480155 $59.95 6013-480156 Filter Coffee - PW Coffee Service Coffee-CH $188.70 Paid Chki 081243 7/11/2005 ARROWWOOD RESORT E 101-41500-437 Training & Development E 101-41500-437 Training S Development Total ARROkVWOOD RESORT $217.26 Kuehn $217.26 Olson Lodging - MN GFOA Conf Lodging - MN GFOA Conf $434 52 Paid ChM 061244 7/11/2005 AUGIES MOBILE CHEF E 61349000-093 Concessions For Resale-Txbl Total AUGIES MOBILE CHEF $62.22 21702 Hot Dogs. Hamburgers $62 22 PaMChM 06124S 7/11/2005 AUTOMATIC SYSTEMS CO. E 60249490-403 Repairs/Maint MIsc Equip E 60149400403 RepairsA«aint-Mfec Equip E 60249450403 RepairsAilaInt-Misc Equip Total AUTOMATIC SYSTEMS CO. $60163 16677 $236 60 16795 $23660 16795 SCADA - Forest Lake LS Scada Commumcation Errors Scada Communication Errors $1.074 83 PM CMP 00124^ 7/11/2005 BANYON DATA SYSTEMS E 10141900-401 Rapaki/Maint-OMce Equip E 60149400401 RepoirtAlainl-Ofllce Equip E 65149910-401 Repairs/Mainl-Ofiloe Equip E 60249450401 RepairsAdalnl-OfIce Equip Total BANYONOATASYSTEMS $1.772 26 12796 $92 50 12796 $370 00 12796 $277.50 12796 Annual Support Annual Support Annual Support Annual Support $2.51226 Paid Ctiki 081247 7/11/2005 BEACIL SCOTT E 61349900-095 Pro Shop Hems For Resale Total BEACK, SCOTT $250 00 580606 GolfBMh $250.00 CITY OF ORONO 07/22/05 9:56 AM P89e3 *Check Detail Register® JULY 2005 Check Amt Invoice Comment Paid Chk« 081246 7/11/2005 BIFFS INC. E 101-45200415 Other Equipment Rentals E 10145200415 Other Equipment Rentals E 10145200415 Other Equipment Rentals E 61340630415 Other Equipment Rentals E 10145200415 Other Equipment Rentals E 10145200415 Other Equipment Rentals Total BIFFS INC. $132 82 $132.82 $132 82 $6641 $6641 $20691 W257601 W257602 W257603 W257604 W257605 W257606 Portable Portable Portable Portable Portable Portable Bederwood Summit Beach Hack berry Orono GC CryMai Bay Navarre $738.19 Paid ChIdP 061249 7/11/2005 BREEZY POINT E 10142110437 Training & Development Total BREEZY POINT $480 00 Boris Lodging • AMEM Conf>Boris $480 00 Paid Chk« 061250 7/11/2005 BUDGET PRINTING E 10142110-201 Office supplies Total BUDGET PRINTING $6 62 4780 Tags 512 $6.62 Paid Chk# 081251 7/11/2005 BUFFALO BITUMINOUS INC. E 10143000-224 Street Maint Materials/Supply $866 27 2731 Total BUFFALO BITUMINOUS INC. Patch $866.27 Paid Chk« 081252 7/11/2005 CECE'S SIGNS E10143000-222 Vehicle Equipment & Parts E10143000-222 Vehicle Equipment & Parts Total CECE'S SIGNS $80.00 2295 $90.00 2304 Vehical Graphics Vehical Graphics $170.00 Paid Chk# 081253 7/11/2005 CENTERPOINT ENERGY E 10141900-381 Gas S Electric E 60149400-381 Gas S Electric E 60149400-381 Gas & Electric E 10141900-381 Gas & Electric E 10142260-381 Gas & Electric E 10142110-381 Gas & Electric E 60249450-361 Gas S Electric E 60249450-361 Gas & Electric E 61349830-361 Gas A Electric Total CENTERP0INTENER6Y $65.52 $518.26 $983 $59.02 $164 96 $5360 $29.49 $12.51 $22.75 060006750600 Gas Service 060006750600 Gas Service 060006750600 Gas Service 060006750600 Gas Service 060006750600 Gas Service 060006750600 Gas Senrice 060006750600 Gas Service 060006750600 Gas Service 060006750600 Gas Service $935.94 Paid Chk# 081254 7/11/2005 DAN FOWSER ELECTRIC. INC E 10142110403 Repairs/Maint-Misc. Equip $125 00 1319 Total DAN FOWSER ELECTRICJNC $125.00 Wiring - PD Paid Chk# 081255 7/11/2005 DAY DISTRIBUTING CO. E 61349900-091 Beer For Resale Total DAY DISTRIBUTING CO. $61 00 319765 Beer for Resale $61.00 Paid Chk# 081256 7/11/2005 DEPT OF ADM • BfTERTECH GROUP E 10142110-321 Telaphone $37.00 DV05050278 PVC 5/2005 Total DEPT OF ADM-BiTERTECH GROUP $37.00 ^■U6iyi 691297 7/11/^ OEPT OF PUBLIC SAFETY E 101-42110-311 Otto ProctMing CommunicaUon _ ToW OEPT Of PUBLIC SAFETY $510 00 MN0271S005L CJON-2nd Qtr 2005 $51000 ?aMCM« 0612M 7/11/2005 E-ZMECVCUNO E101-43270-316 Contract Recycling Pickup $6,764.96 8210 Recycling Service 7/2005 I i! t ’ V CITY OF ORONO *Check Detail Registei® 07/22/05 9.56 AM Page 4 JULY 2005 Check Amt Invoice Comment Total E-Z RECYCLING $6.764 96 Paid Chk# 061259 7/11/2005 EARL P. ANDERSON A ASSOC. E 101-43000-224Street Maint. Malerials/Supply $5964 65930 Street Sign Total EARL F. ANDERSON A ASSOC.$59.64 Paid Chk# 081260 7/11/2005 EMERGENCY MEDICAL PRODUCTS, IN E 101-42110-221Equipment Parts A Accessories $6.474 42 703061 Medical Supplies E 101-42110-221Equipment Parts 6 Accessories $9292 704733 Medical Supplies Total EMERGENCY MEDICAL PRODUCTS. IN $6.567 34 Paid Chk# 061261 7/11/2005 EXCELSIOR FIRE DISTRICT E 10m2260-316Fire Services $35,781.13 6/27/05 3rd Qtr 2005 - Fire Services Total EXCELSIOR FIRE DISTRICT $35,781.13 ^aid Chk# 061262 7/11/2005 FARNIOK, CORREY E 101-42110437Training A Development $3595 4/12/05 Books for Adm Staff Total FARNIOK. CORREY $3595 Paid Chk# 061263 7/11/2005 G A K SERVICES E 10143000-226Clothing A personal equipment $82 88 1006470463 Uniforms E 601-49400-226Clothing A personal equipment $1380 1006470463 Uniforms E 60249450-226Clothing A personal equipment $4140 1006470463 Uniforms E 61349630-226Clothing A personal equipment $6.02 1006470463 Uniforms E 60149400-226Clothing A personal equipment $14.29 1006476782 Uniforms E 10143000-221Equipment Parts A Accessories $50.98 1006476782 Shop Towels E 10143000-226Clothing A personal equipment $8571 1006476782 Uniforms E 60249450-226Clothing A personal equipment $42.87 1006476782 Uniforms E 61349630-226Clothing A personal equipment $6.02 1006476782 Uniforms E 10143000226Clothing A persona! equipment $88.78 1006483024 Uniforms E 10143000403Repairs/Maint-kAsc Equip $98.96 1006483024 Mat Service - PW E 61349630226Clothing A pofsonal equipment $6.02 1006483024 Uniforms E 60149400226Clothing A personal equipment $14.80 1006483024 Unifonns E 60249450226Clothing A personal equipment $44.40 1006483024 Uniforms total GAKSERVICES $596.93 PaMChMMM1264 7/11/2005 GALL'S INC. E 10142110240Small Tools and Minor Equip $67 09 577587760101 DtgHal Camera Total GAU'S INC.$67.09 Paid Chk# 081265 7/11/2005 GOOD. 8TEPHANY E 10142110201Office suppHes $65.82 5/27/05 Franklin Planner E 10142110437Training A Develof meni $27546 5/27/05 Chiefs Conference E 10142110402Repairs/Maint-Aulo Equip $7 25 5/27/05 Squad Wash E 10142110226Training Supplies $1100 5/27/05 Lubricant E 10142110439Meeting Expenses $46.88 5/27/05 Working Lunch E 10142110437Training A DeveiopmenI $176 33 7/1/05 Lodging - FBI Training E 10142110437Training A Devetopmenl $150 00 7/1/05 FBI Training E 10142110433Memberships A Subscriptions $6000 7/1/05 FBINAA Dues Total GOOD, STEPNANY y $792 74 CM# 061266 7/11/2005 HAMRCIliA CHEMICAL E 60140400216Chemicals and Chem Products $2,353 82 721479 Chemicals Total HAMrKINS CHEMICAL $2,35382 E10M3000>224 Street MeinI Malefiali/Supply $34613 101677 Herbicide tioi CITY OF ORONO 07/22^)59:56 AM Pages if *Check Detail RegisteitS) JULY 200S Check Amt invoice Comment Tdtil HENNEPIN CO-OP SEED EXCHANGE $346.13 Paid Chk# 061268 7/11/2005 HENNEPIN COUNTY INFOR TECH DPI E 601-49400-321 Telephone $5349 25058070 PW Radios Total HENNEPtNCOUNTYINFORTECHOPT $5349 Paid Chk# 081269 7/11/2005 HENNEPIN COUNTY TR-TAX PYR 8RV E 601-49400-352 Printing 8 Publishing $5000 6/24X)5 Mailing List - Nav Tower Total HENNEPIN COUNTY TR-TAX PYR SRV $50 00 Paid Chki 081270 7/11/2005 HENNEPIN COUNTY TREASURER-JAIL E 101-41600-309 Jail Charges $402 50 1028 Room adn Board 5/2005 Total HENNEPIN COUNTY TREASURER-JAIL $40250 Paid Chki 081271 7/11/2005 HMSHAW 8 CULBERTSON E 101-43280-307 Legal-Consulting E 101-43280-307 Legal-Consulting E 101-43280-307 LegaK^onsuHing E101-42110-307 Logal<:onsulling E101-41600-307 Legal-ConsuRing E 10141600-307 Legal^^onsuRing E 10141600-307 LegalConsuRing E10141600-307 Legal-ConsuRing E10143290-800 Special Protects, Contingency E 10141600-305 Legal-Retainer E 65149910-307 Legal-Consulting Total HINSHAW 8 CULBERTSON $6000 $1,542.09 $3,458.25 $78.00 $98.08 $338.00 $65 00 $26 00 $532.72 $1,300.00 $1,243 96 10475643 10475643 10475643 10475644 10475644 10475645 10475645 10475645 10475645 10475646 10475659 Wilman-Spring Hill Estates April Applications Stone Bay Lofts plat 053081 Police Shooting Range Hollander Haz Bldg Nelson/Cartson Vacated Oak PI Demuth Stonebridge Violation MSA OCB Rd to Fox Big Island Veterans Camp Council Mtgs Apr 2005 Birch Lane St Swr $8.74212 Paid Chki 081272 7/11/2005 HOOK, JULIAN E 101-43290-800 Special Projects. Contingency Total HOOK. JULIAN PMd'dhMP 001273 7/11/200S mImS S1.393 00 6/7/05 Eknteood Aley Vacation $1.393 00 E 101-42110-437 Training 8 DevelopmenI Total IAAR8 $250 00 Anderson Accident Reconstruction Conf $250 00 7/11/2005 lOENTAORUOPaid Chki 081274 E 101-42110-311 Data Processing Communicalion Total lOENTAOIlUO $75 00 S5661 Web Site Access $7500 rad Chk# 081275 7/11/2005 LOOI8 E 101-42110-310 LOGIS-Applications E 101-41900-311 Data Processing Communication E 101-42110-329 Other Communications E 101-41900-329 Other Communications E 10142110401 Repaks/Maint-Oflice Equip E 10141900401 Repairs8iaint-Ofllce Equip Totol LOGI8 $1.958 00 $3100 $321 50 $32150 $135.00 $135 00 25668 25688 25688 25688 25739 25739 Police Records - 5/2005 Henn Cty Connection Internet - 5/2005 Internet • 5/2005 Network Maint Network Maint $2,002.00 PaiddM 881276 7/1 im05 LOUCK8 ASSOCIATES E 10143280-304 Engineertng-ConsutUno Total LOUCKS ASSOCIATES $1.200 00 15740 Interspace W AppI 05-3080 11,200.00 (iTliW 7/11/200S MCLEOO USA • PHONE BILLS E10M1000-321 TtItphOM $514 17 656204 E 601.46400.321 TcMpDont $24 46 656204 E 60146400-321 TttehOfW $4962 656204 Phone Service Phone Service Phone Service CITY OF ORONO *Check Detail Register® 07/22A)5 9 56 AM Page 6 JULY200S Check Amt Invoice Comment E 101-42110>321 Telephone E 602-49450-321 Telephone E 602-49450-321 Telephone Total MCLEOD USA-PHONE BILLS 1220 36 658204 $57.13 658204 $4612 658204 Phone Service Phone Service Phor>e Service $911.88 Paid Chk« 081278 7/11/2005 MEEKS. KEVIN E 101-43290-800 Special Projects. Contingency Total MEEKS. KEVIN $1,031.66 6/7/05 Elmwood Alley Vacation $1,031.66 Paid Chk» 081279 7/11/2005 MICHAEL OTOOLE ENTERPRISES E 101-43290-800 Special Prefects. Contingency $1,167.00 6/7/2005 Elmaiood Alley Vacation Total MICHAEL OTOOLE ENTERPRISES $1.167 00 Paid Chk« 081280 7/11/2005 MIOINEST ASPHALT E 10M3000-224 Street Maint Materials/Supply E 101-43000-224 Street Maint. Materials/Supply Total MIDWEST ASPHALT $693 99 73062MB $657 64 73109MB Patch Patch $1,351.63 Paid Chk« 081281 7/11/2005 MIDWEST COCA COLA BOTTLING CO E 613-499004)92 Soft Drinks For Resale $133 80 81083103 Total MIDWEST COCA COLA BOTTLING CO $133 80 Soda for Resale Paid Chki 081282 7/11/2005 MIDWEST FUELS E 101-43000-212 Motor FueN A Lubricants Q 101-14101 Gasoline Inventory Total MIDWEST FUELS $1,879.47 26740 $4,762.62 26740 932 Gals Diesel 2.401 Gals Unleaded $6,642.09 Paid Chk# 061283 7/11/2005 MINNEAPOLIS OXYGEN COMPANY E 101-43000-224 Street Maint Materials/Supply $34.68 RI05050830 Cylinder Invoice Total MINNEAPOU8 0XYOENCOMPANY $34 68 Paid Chk# 081284 7/11/2005 MN DEPT OF HEALTH - CON FEE G 601-20002 Due to govts-State $1.207.00 1270041 Water Supply Con Fee • 6/2005 Total MN DEPT OF HEALTH-CON FEE $1,207.00 Paid CtM 081285 7/11/2005 MR AUGIES COFFEE SERVICE E613-4990(M)02 Soft Drinks For Resale Total MR AUGIES COFFEE SERVICE $49 50 21647 $49 50 Coffee for Resale PaM ChMP 061286 7/11/2005 MTIOiSTCO. E 613-49630-223 BWolGrounds MaM Supplies Total MTIOISTCO. $37.89 4636784X) $37 89 Supplies Paid CIM 061287 7/11/2005 MULLEN MARINE E 101-45200-223 BWgiGrounds MaM Supples E 101-45200-223 BldgK3rounds Maint. Suppias E 101-45200-223 BUgIGraunds MaM Supplies Total MULLENMARWE $208.74 5/17/05 $484.57 5/24A)5 $692 25 5HA)5 $1,385.56 Dock Sections Dock Sections Oodi Sections ^ ChfeT 061266 7/11/2005 NAVARRE HARDWARE E 101^12260-240 Smal Tools and Mmor Equip E101-42260-221 Eqi4pmonl Parts A Accessories Total NAVARRE HARDWARE $35140 151568 $4837 151780 Weber GriS Kjichen Supplies $399.77 ininooi ncxtel communications E10142110-321 Ttitphofw $M2 62 506573311 Phone S«rwic» CITY OF ORONO Check Detail Register® 07/22/05 9;56 AM Page? JULY 200S Check Amt Invoice Comment Total NEXTEL COMMUNICATIONS $842.62 Paid Chki 081290 7/11/2005 NOMAD INTERNATIONAL E 61349830-221 Equipment Parts 0 Accessories Total NOMAD INTERNATIONAL $35.46 13905 $3548 Putter Paid Chki 081291 7/11/2005 NORUNG*S E 10145200404 Repairs/Maint-Bldgs/Grounds $570.00 20204 Fence Repair • Nav Water Total NORLING'S $570.00 Paid Chk« 081292 7/11/2005 NORTH AMERICAN SALT E 10143000-224 Street Makit Materials/Supply $4,047.10 11246127 Road Salt Total NORTNAMERICAN8ALT $4,047.10 Paid Chki 061293 7/11/2005 OCCUPATIONAL MEDICINE CONS LTD E 10142110-319 Other Professionat Services $909 50 8884-00 Pre Employment Exam-Pharo Total OCCUPATIONAL MEDICINE CONS LTD $909.50 Paid Chk* 081294 7/11/2005 OFFICE DEPOT E 10142110-201 Office supplies $161.27 293569804 Office Supplies E 10141900-201 Office supplies $161.26 293569804 Office Supplies E 10142110-201 Office supplies $77.63 295266920 Office Supplies E 10141900-201 Office supplies $77.83 295266920 Office Supplies Total OFFICE DEPOT $478.21 Paid Chkff 081295 7/11/2005 OTTEN BROTHERS E 65149910-227 Utility System Maint. Supplies $83.07 6/20/05 Top Soil. Sod E 101-43000-224 Straet Maml. Matariala/Supply $31.68 6/3/05 Sod Total OTTEN BROTHERS $114.75 Paid Chk# 081296 7/11/2005 POST BOARD E 10142110-441 Licenses $ Taxes $45.00 7/8/05 R Police Officer License - Ph Total POST BOARD $45.00 Paid ChkO 081297 7/11/2005 PRAIRIE OFFSET E 10141900-201 Office supplies $231.49 122126 Business Cards Total PRAIRIE OFFSET $23149 Paid Chki 061298 7/11/2005 PRAIRIE RESTORATIONS INC. E 10145200404 Repairaffdaint-BldgsA^rounds $139 40 95340 Spot Mow - Fr Creek Park Total PRAIRIE RESTORATIONS INC.$139 40 ^aM CM#'081299 7/11/2005 PROTECTION ONE E 10141900 489 Other Miscettaneous Charges $179 00 12677951 /Uarni Setvica - 7/1-900/05 Total PROTECTION ONE $179 00 l^aM Chkf 001300 7/11/2005 PRUDENTIAL LIFE INSURANCE G 101-21710 Llle Insurance $85 26 96234 Life Insurance 7/2005 j 0101-21710 Lite Insurance Total PfIUOENTIAt LIFE mSUNANCE 9650.40 96234 Life Insurance 7/2005 $73506 QUALITY FLOW SYSTEMS INC.061301 7/11/2005 E 002-40490406 Repairs/Malnl-Sier Mnet/MIs Total QUALITY FLOW SYSTEMS INC $228.06 15506 LS Mamt - LS 03 $228 96 Paid6hkO 001300 7/11/2005 QWEST E 01349030-321 Telephone $61 31 9524739904 Phone Service \c i- CITY OF ORONO *Check Detail Register® 07/22/05 9,56 AM Pages JULY 2009 Ctiecfc Amt Invoice Comment Total QWEST $61 31 Paid Chki 0ei 303 7/11/2005 RATHBUN. BARRY E 101*43000-226 Clolhtng & personal equipment Total RATHBUN. BARRY $11305 6/23A)5 Safety Shoe«• 2005 $11305 Paid Chki 061304 7/11/2005 REED VENDING E 61349900-093 Concessions For Retale-Txbl $90 06 4641 Concessions for Resale Total REED VENDING $90 06 Paid Chki 081305 7/11/2005 RICKS SUPERVALUE E 61349900-093 Concessions For Resale-Txbt $1956 6/29/05 Concessions for Resale E 61349630-221 Equipment Parts A Accessories $1000 6/29/05 Clubhouse Supplies E 10142110-201Ofhoe supplies $0 82 6/30/05 Cleaning Supplies E 10142110-201Office supplies $517 7/1/05 Cleaning Supplies E 10142400439 Meeting Expenses $7557 7/6A)5 Meals - Lakeshore Tour Total RICKS SUPERVALUE $111.12 Paid Chki 061306 7/11/2005 SAFETY SIGNS E 10143000415Other Equipment Rentals $181 58 50757 Barricades E 60249450415Other Equipment Rentals $21460 50758 Barricades Total SAFETY SIGNS $396.18 Paid Chki 061307 7/11/2005 SCKARBER A SONS E 10143000-221Equipment Parts A Accessories $4543 2046044 Chain E 10143000-221Equipment Parts A Accessories $1550 2048281 Chain E 10143000-224Street Maint. Materials/Supply $1067 2049030 Misc Supplies E 61349630-221 Equipment Parts A Accessories $64 71 2049275 JD Paris • GC Total 8CHARBERASONS $136 31 Paid Chk# 061306 7/11/2005 SECURITY RESPONSE SERVICES E 10142110404Repairs/Maint-Bldgs/Grounds $154 54 16022 PD Door Locks Total SECURITY RESPONSE SERVICES $154 54 PaidCIM 061309 7/11/2005 SKREEN. DALE E 101-41900-221 Eqy^>ment Parts A Accessorfes E 101-43000-226 Clottiing A personal equipment $67 73 7/5A)6 $97 95 7/5/05 Motor-PWAA: Safety Shoes-2005 Total SKREEN. DALE $16566 Paid ChMI 061310 7/11/2005 STAR TRIBUNE E 10142110-340 General Advertising Total STARTRMUNE $1,067.26 12757006 $1,067.28 Adv For Emp - CSO Paid Chki 061311 7/11/2005 STREICHERS E 101-43000-221 Equipment Parts A Accessories Total STREICNERS $26 57 1254766 $26 57 Ballenes Paid 6hkS 661312 7/11/2005 SUPERIOR WBIELESS C06MUIBCAT10 E 10143000-221 Equipmeni Parts A Accessories Total SUPERIOR WWELESS C06W6UNICATI0 $1696 10067 $1696 Antennas ffeid 6hk9 661313 7/11/2005 THE NOI6E DEPOT E 10141900-223 Bldg/Grounds MaM Supplies Total THE HOME DEPOT $150.71 603532200527 Building SuppSas $15071 ESIMMXMfel Beer For Resale S7125 377096 Beer for Resale CITY OF ORONO *Check Detail Registei© 07/22A)5 9 56 AM Pages JULY200S ,..... - __________ . .. __ ... ^ ___ ^ -Comment Total THORPE OIST CO.$71.25 Paid ChM 061315 7/11/2005 TOEWE, KIMBERLY ♦ 1 E 101*42110-437 Tiaining 6 Deveiopmefil $10.37 6/8X)5 Meats - Intox Training 4 1 ?Total TOEWE. KIMBERLY $10.37 •f PaMChk* 081316 7/11/2005 TOLL GAS « WELOmO SUPPLY E 101-43000-224 SIrael Main!. Maleriais/Supp^/$196 62 357446 Welding supplies E 10143000*224 Street Maint. Maleri«ls/Suppl>$645 476182 Cylinder Invoice Total TOLL GAS E WELDING SUPPLY $203.27 PeM ChM 061317 7/11/2005 UNITED STATES POSTAL SERVICE *r E 60149400-322 Postage $60.39 7/8/05 Postage - 3rd Quarter UB E 65149910-322 Postage $200.96 7/8A)5 Postage - 3rd Quarter UB E 60249450-322 Postage $200 96 7/8A)5 Postage - 3rd Quarter UB V Total UNITED STATES POSTAL SERVICE $462.31 Paid Chka 061316 7/11/2005 VERIZON WIRELESS ;;E 10141900-321 Teleplione $147.01 3616042569 CetIPhonee Total VERIZON WIRELESS $147.01 PeM ChM 081319 7/11/2005 WASECA INN S SUITES .*E 10142400437 Treining & Development ($69.97) 3092 VOID-CHECK E 10142400437 Treining S DevelopmenI $69 97 3092 Lodging • Gibbs • Total WASECA INNS SUITES $0.00 l>eM^KItf 081320 7/11/2005 WISWELL.TOM G101-19990 Suspense Account $5,467.95 7/8A)5 Oemuth-Replacement Trees Total WISWELL. TOM $5,467.95 081321 7/11/2005 WITTKE.TONY E 10142110437 Training 6 Development $3915 6/13/05 Meals - Terrorism Training Total WITTKE.TONY $3915 PeM Chief 061322 7/11/2005 WRIGHT HENNEPIN ELECTRIC E 10143000-381 OesS Electric $33 75 3113009200 Electrical Service • £60249450*381 Gee S Electric $22.793113009200 Electrical Service £10143080*381 Gee S Electric $20 69 5015762900 Electrical Service 0 Total WRIGHT HENNEPIN FLECTRIC $77.43 FeM6lllf 061323 7/11/2005 XCCL ENERGY E10142110-361 Gets Electric $606 99 5169655701 Electrical Service E 602-49450-381 Gee S Electric $1,679.28 5169655701 Electrical Service E 60149400-381 GeeSEIectiic $3.756 56 5169655701 Electrical Service E 101-43000-386 Street LigMing $1,351.22 5169655701 Electricat Service E10142260-361 Gee S Electric $364 82 5169655701 Electrical Service E 101-43000-319 Other Proleeetonel Servioee $372055169655701 Electrical Service E 101-45200-381 Gas S Electric $23.19 5169655701 Eiactrical S«(vio* E 101-42110461 GeeSEIecMc $9.06 5169655701 ENctrical Service E 61346630-361 GasSEiacIric $456 26 5169655701 Etectiicai Service E 10141900-361 GeeSEIecliic $1.520 55 5169655701 Electrical Service 1 Total XCEL ENERGY $10.364 02 M M1S4 7/11/2005 ZARNOTNBflUSNWORKS E 101-43000*221 Equipmefil Rafts t/^ooiiaorlei $466.60 101026 Sweeptf Brooins TelM lAmOTMMUiHWOmcS $466 60 CITY OF ORONO *Check Detail Register© 07/22A>5 9 % AM Page 10 JULY 2009 Check Amt Invoice Comment Paid Chki 081325 7/13/2005 WASECA INN A SUITES E 101-42400-437 Training 9 Developmeni Total WASECA INN A SUITES $139 94 Gibbs Lodging - Gtbs $139 94 Pad CM* 081326 7l20nQ0i FIRST NATIONAL BANK OF LAKES G 101-21701 Federal Withholding $11,022 05 FEDERAL W/H G 101-21703 FICA Tax Withholding $5,079 82 FICA & MEDICARE W/H G 101-21703 FICA Tax Withholding $5.079 62 FICA & MEDCR CITY SHARE Total FIRST NATIONAL BANK OF LAKES $21,161.69 Paid Chk« 081327 7/20/2005 ICMA RETIREMENT TRUST - 457 G 101-21705 Other Retiremenl __$1.188 62 Total ICMA RETIREMENT TRUST-457 DEFERRED COMP-302030 $1,188 62 Paid Chk« 081328 7/20/2005 LAW ENf ORCMENT LABOR SERVICE G 101-21707 Union Dues $718 52 Total LAW ENFORCMENT LABOR SERVICE UNION DUES «40 & #168 $71652 Paid Chk# 081329 7/20/2005 MN DEPT OF REVENUE G 101-21702 State Withholding Total MN DEPT OF REVENUE $4.62874 STATE TAX W/H $4.62874 Paid Chk# 081330 7/20/2005 MN STATE RETIREMENT SYSTEM Q 101-21718 Post Emptoyment Health $322 49 post retirement Total MN STATE RETIREMENT SYSTEM $32249 Paid Chk# 081331 7/20/2005 NATIONWIDE RETIREMENT SOLUTION G 101-21705 Other Retirement $172.85 G 101-21705 Other Retiremenl $2.005.00 Total NATIONWIDE RETIREMENT SOLUTION OBRA #2343 USCM - ENTITY 2339 $2,177 85 Paid Chk# 081332 7/20/2005 ORCHARD TRUST CO. TRUSTEE/CUST G 101-21705 Other Retirement $3,032 68 Total ORCHARD TRUST CO. TRUSTEEA:UST MN STATE RETIP' ’IT $3,032.68 Paid Chk# 081333 7/20/2005 PUBLIC EMPLOYEES RETIREMENT G 101-21704 PERA $7,811.98 G 101-21704 PERA $6.022 95 Total PUBLIC EMPLOYEES RETIREMENT $13,834 93 PERA CITY SHARE PERA EMPLOYEE W/H Paid Chk# 061334 7/20/2005 UNITEOWAY G 101-21706 UnModWw $86 00 CHARITY DONATIONS Total UNITEOWAY $86 00 Paid Chk# 081^ 7/25/2005 ACCLAIM BENEFITS E10M1900469 Other Miicelaneoiis Charges E 101-41900-469 Other MisoeNaneous Charges ToM ACCUUM BENEFITS $69 95 351165 $100 00 351166 COBRA Adm 6/2005 FSAAdm-6/2005 $16995 oil33S 7/2SOOM AOVANCCO MMGINO SOLUTIONS ElOMtWXMia OMoaEquIpnwnlRMlal $1.0S2.10 41472796 Copwf Lease 7/1S.«/1S«5 ToM AOVANCEOMMOmO SOLUTIONS S1.062 10 ■paraSSnSiST TSSS oS all steel rNooucrscoMc! E10143000-224 Street MaM MatarMa/Sepply St TeM ALL STEEL FROOUCTS CO SIC. S82005 05 4027 Culvert Aprons CITY OF ORONO 07/22/05 9 56 AM Page 11 *Check Detail Register® JULY 2005 Ctieck Amt Invoice Comment Paid Chki 081338 7/25/2005 AUGIES MOBILE CHEF E 613-49900^3 Concessions For Resale-Txbl Total AUGIES MOBILE CHEF $57.90 22482 Hamburger. Donuts $57.90 Paid Chk« 061339 7/25/2005 BFI OF MINNESOTA. INC E 101-45200-404 Repairs/Maint-Bidgs/Grounds E 101-41900-404 Repairs/Maint-Bldgs/Groiinds E 101-45200^ RepairsA4aint-Bldgs/Grounds E 613-49630-404 RepairsA4aint-Bldgs/Grounds E 101-42260-404 Repaks/Maint-Bldgs/Grounds Total BFI OF MINNESOTA. INC $93.66 $29610 $7821 $98.79 $61 05 089400013811 Solid Waste - Bederwood 089400013813 Solid Waste - CH 089400138126 Solid Waste • Summit 089400138135 Solid Waste - GC 094000138707 Solid Waste - Nav Fire $627.81 Paid Chk« 081340 7/25/2005 BIFFS INC. E 101-45200-415 Other Equipment Rentals E 101-45200-415 Other Equipment Rentals E 101-45200415 Other Equipment Rentals E 613-49830-415 Other Equipment Rentals E 101-45200-415 Other Equipment Rentals E 101-45200-415 Other Equipment Rentals Total BIFFS INC. $13282 $132 82 $132 82 $6641 $66.41 $206.91 W260882 W260883 W260884 W260885 W260886 V%260887 Portable - Bederwood Portable - Summit Portable - Hackberry Portable - GC Portable - CB Playground Portable - Navarre Playground $73819 Paid Chki 081341 7/25/2005 BOLTERMAN. MATT E 101-42400-319 Other Professional Services Total BOLTERMAN. MATT $185 65 4/20/05 Septic Review - 440 Stubbs Bay $185.65 Paid Chki 081342 7/25/2005 BUDGET PRINTING E 101-42110-201 Office supplies E 101-42110-322 Postage Total BUDGET PRINTING $106 82 4942 $8 42 5060 No Parking Signs Shipping • BCA $115.24 Paid Chki 081343 7/^5/2005 BUFFALO BITUMINOUS INC. E 101-43000-224 Street Maint Materials/Supply $367 87 2945 Total BUFFALO BITUMINOUS me. Patch $367.87 Paid Chki 061344 7/25/2005 CARLSON TRACTOR S EQUIP CO. E 101-43000-221 Equipment Parts & Accessories $36 34 C05603 E 101-43000-221 Equipment Parts S Accessories $87.40 C06395 E 101-43000-221 Equipment Parts A Accessories _____$3 82 C06441 Total CARLSON TRACTOR 4 EQUIP CO. $127.56 Parts Engine Kit. Gaskets Gaskets Paid bhki 061345 7/25/2005 CARLSON. CHARLES E E 101-4329OB0O Special Projects. Contingency $23.024.15 CD-2752 Elmwood Alley Total CARLSON. CHARLES E $23,024.15 l>aid 6Mi 061346 7/2S/200S CHUNKS LAKESHORE AUTO E 101-42110-402 E 101-4211<M02 E 101-42110-402 E 10142110402 E 10142110402 E 10142110402 E 10142110402 E 10142110-402 E 101421 IP 402 E 101-42110402 E 101-42110402 Repairs/Maint-Auto Equip Repairs/Mainl-Aulo Equip Repairs/Maim-Aiilo Equip Repaira/Mainl-Auto Equip Repairs/Maim-Ayto Equip Repairs/Mainl-Aiilo Equip Repairs/Mainl-Aifto Equip Repairs/Mainl-Auto Equip Repairs/Mainl-Auto Equip Repairi/Mainl-Aiito Equip RepNraSlaM-Auto Equip $36 03 24076 Spot Light i199 $37.53 27041 Batteries - Smart Trailer $1,137.70 27062 Brakes. Alternator i196 $67.56 27063 Check Siren i200 $140 58 27066 Dll. Align i201 $602 42 27075 Oil. Tune 9197 $113 43 27082 Electrical 9197 $1.096 53 27083 Exhaust Converter 9199 $14.06 27091 Tire Reta’ir 9200 $72.37 27094 OilChgflOe $32.71 27152 Oil Chg *204 CITY OF ORONO *Check Detail Register® 07/22A)5 9 56AM Page 12 JULY 2005 Check Amt Invoice C . mment E 101-42110-402 Repairs/Maint-Auto Equip Total CHUNKS LAKESHORE AUTO $14 08 27164 Tire Repair #201 $3.36502 Paid Chk# 081347 7/25/2005 CITYVIEW PLUMBING A HEATING E 101-41110-101 FuH Time Employees Regular $0 00 E 101-41900-404 RepairsAlaifit-BldgsABrounds $207.99 24955 E 101-41900-404 Repairs4yiaint-Bldg$A3rounds $140 64 26512 Total CITYVIEW PLUMBING A HEATING Urinal Repair Urinal Repair Check Water Heater $348.63 Paid Chk# 081348 7/25/2005 CLASSIFIEDS E 10142110-340 General Advertising Total CLASSIFIEDS $39 50 45710 $39 50 Adv for Err.p - CSO Paid Chk# 081349 7/25/2005 CONNELLY INDUSTRIAL ELEC. E 60249450406 RepairsA4aint-Swr lines/ims $504 73 8289 Controller-LS #31 ToUl CONNELLY INDUSTRIAL ELEC.$504.73 Paid Chk# 081350 7/25/2005 COVERAU OF THE TWIN CITIES E 101-42110-404 RepalrsAAaint-Bldgs/Grounds E 101-41900404 Repairs4Maint-6ldgs/Grounds E 101-42110-407 JanHorial Services E 101-41900-407 Janitorial Services E 101-42260407 Janitorial Services $1,142.53 $1.396 43 $1,139 55 $1.504 85 $186 38 97566 97566 97741 97741 97742 Carpet Cleaning Carpet Cleaning Janitorial 7/05 Janitonal 7/05 Janitorial 7/05 • Nav Fire Total COVERALL OF THE TWIN CITIES $5.36974 Paid Chk# 081351 7/25/2005 DAHLOREN SHARDLOW A UBAN E 10143290-800 Special Proijecls. Contingency Total OAHLORENSHAROLOWAUBAN $114 99 25931 $114.99 James Property Concept Plan PaWCItM 081352 7/25/2005 DCA - WIRE ONLY 0 101-21719DCA/Spending Accounts Total DCA-WIRE ONLY $1.380 53 7/21/05 $1.360 53 FSA 7/21/05 Paid Chk# 061353 7/25/2005 DELL E 10142110-575 IT Hardmre A AppNcations Total DELL $1.425 39 F32514685 $1.425 39 OellOptiplex 8X9MT71 Paid Chk# 061354 7/25/2005 DELTA DENTAL G101-21709 Dental Insurance G 101-15998 Non-Employee Health Ins Total DELTA DENTAL $1.582 60 37220072 $56 70 37220072 Dental Premium 8/2005 Dental Premium 8/2005 $1,639.30 TtS M 061355 7/2V2005 OEMBOUSKI, JAY E 10142110-331 Travel Expenses Total DEMBOUSKI. JAY $3 50 7/6A)5 Parking $3.50 Paid Chk# 081356 7/25/2005 DEW CORPORATION G 425-20600 Contracts Payable Total DEW CORPORATION $21.18100 RFP9F RFP #9F Navarre Fire $21.18100 Paid Chk# 081357 7/25/2005 DONALD SALVERDA A ASSOCIATES E 10141300-437 Training A DevaiopmenI $68 05 P-9505-5B Books • Cff Management Prog Total Paid Chk# 08135^ LD SALVERDA A ASSOCIATES 868 05 7/25/2005 EJMAYERSBIC 0602-16800 FM Asset-Const, in progress 0602-20800 Contracts Payable 89.817.00 RFP#1 (8490 85) RFP#1 RFP #1 Webber HAS San SHUT RFP #1 Webber HBs San Ser A CITY OF ORONO 07/22/05 9 56 AM Page 13 *Check Detail Register® JULY 2005 Check Amt Invoice Comment Total EJ MAYERS INC 19.326.15 Paid Chk« 061359 7/25/2005 E.S.G. COMPANY INC. E 101-43000-403 Repairs/Maint-Misc Equip ToUl E.S.G. COMPANY INC. $58 00 7949 Cable Pulley $58.00 Paid Chk« 061360 7/25/2005 EAST SIDE BEVERAGE E 613-49900-091 Beef For Resale Total EAST SIDE BEVERAGE $142 50 228400 Beer for Resale $14250 Paid Chki 081361 7/25/2005 ELECTRIC RESOURCE CONTRACTORS E 101-41900-404 RepairsAtaint-Bldgs/Grounds $210 24 52380 Replace Electrical Outlet Total ELECTRIC RESOURCE CONTRACTORS $21024 PaidChkf 081362 7/25/2005 ENGINEERING REPRO SYSTEMS E 101-41900-201 Office supplies $142.18 103352 Scan/Copy Total ENGINEERING REPRO SYSTEMS $142 18 PaidChkf 081363 7/25/2005 FIRST STUDENT E 1C1-43290-800 Special Projects. Contingency Total FIRST STUDENT $840.00 990063147-49 LL Shuttle Bus $840.00 Paid Chkf 081364 7/25/2005 OAK SERVICES E 1C142260-404 Repairs/Maint-Bldgs/Grounds $206 92 1006440323 Mats - Nav Fire E 101-42260-404 Repairs/Maint-Bidgs/Grounds $206 92 1006465541 Mats - Nav Fire E 602-49450-228 Clothing & personal equipment $44 52 1006489374 Uniforms E 61349830-226 Clothing & personal equipment $602 1006489374 Uniforms E 60149400-226 Clothing & personal equipment $1484 1006489374 Uniforms E 10143000-226 Clothing & personal equipment $8905 1006489374 Uniforms E 10143000-221 Equipment Parts 8 Accessories $5070 1006489374 Shop Toweis E 10142260404 Repairs/Maint-Bldgs/Grounds $206 92 1006490800 Mats - Nav Fire E 60149400-226 Clothing & personal equipment $1430 1006495721 Uniforms E 61349830-226 Clothing & personal equipment $6 02 1006495721 Uniforms E 60249450-226 Clothing & personal equipment $42.90 1006495721 Uniforms E 1014.1000-226 Clothing & personal equipment $8585 1006495721 Un*forms E 60149400-226 Clothing & personal equipment $14 17 1006502051 Uniforms E 10143000-226 Clothing & personal equipment $8500 1006502051 Uniforms E 60249450-226 Clothing & personal equipment $42.51 1006502051 Uniforms E 61349830-226 Clothing & personal equipment $6 02 1^502051 Uniforms E 10143000-221 Equipment Parts A Accessories $50 70 10C6502051 Shop Towels E 61349630-226 Clothing & personal equipment $6 0?1u26508300 Uniforms E 10143000-226 Clothing $ personal equipment $9202 1006508300 Uniforms E 60249450-226 Clothing A personal equioment $45 99 1006508300 Uniforms E 60149400-226 CloChmg 8 personal equipmeni $15331006508300 Uniforms E 10141900403 Repairs/Maint-Misc Equip $103 90 1006508300 Mats-PW E 10142110404 Repairt/Maint-Bidgs/Grounds $16185 1006508301 Mats - PD E 10141900404 Repairs/Maint-Bldgs/Grounds $60 25 1006508302 Mats-CH E 10141900404 Repairs/Maint-Bldgs/Grounds $6815 1006508303 Mats-CC Tefal OAK8ERVICE8 $1.726 87 Paid Chki 061365 7/2S/2005 G L CONTRACTING O602-20S00 Contracts Payable G 602-16900 Fixed Asset-Const in progress Total GLCONTRACTMG $1,237 55 RFPf2F $328 90 RFPf2F RFPf2F Garden Lane San Swr RFPi2F Garden Lane San Swr $1.56645 CITY OF ORONO *Check Detail Register® 07/22A)5 9.^ AM Page 14 JULY 2005 Check Amt Invoice Comment E 101-43000-221 E 101-43000-221 E 602-49450-221 E 101-43000-221 E 101-43000-221 E 101-43000-221 E 101-43000-221 E 101-43000-221 E 101-43000-221 E 101-43000-221 Equipment Parts & Accessories Equipment Parts & Accessories Equipment Parts & Accessories Equipment Parts & Accessories Equipment Parts & Accessories Equipment Parts & Accessories Equipment Parts & Accessories Equipment Parts & Accessories Equipment Parts & Accessories Equipment Parts & Accessories Total GENUINE PARTS CO. $7899 $127.78 $11.60 $2 44 $1915 $2 12 $34 32 $1 37 $25 29 $1011 835871 836575 836831 836889 837477 838193 838291 838634 839116 839274 Wire. Connectors Battery Exh Cap Silicone Shop Supplies Spark Plug Mirror, Bracket Fitting WD 40. Castrol Svrrtch $313 17 Paid Chk# 081367 7/25/2005 GOLF CAR MIDWEST E 613-49830-415 Other Equipment Rentals $1.600 00 9904 Golf Carl Lease 7/2005 TouM GOLF CAR MIDWEST $1.600 00 Paid Chk# 081368 7A25/2005 OOOO, 8TEPHANY E 101-42110-439 Meeting Expenses $48 00 7/15/05 Cake - Officer Reception Total GOOD. STEPHANY $4800 Paid Chk# 081369 7/25C005 GOPHER STATE ONE-CALL E 602-49450-409 Other Miscellaneous Charges $486 12 5060651 Locates - 6/2005 E 601-49400469 Other Miscellaneous Charges $486 13 5060651 Locates - 6/2005 Total GOPHER STATE ONE-CALL $972 25 Paid Chk# 061370 7/25/2005 GOVT FINANCE OFFICERS ASSN >E 101-41500-301 Auditing and Acct'g Services $350 00 2004 2004 Certificate Total GOVT FINANCE OFFICERS ASSN $350 00 Paid Chk# 081371 7/25/2005 HENNEPIN COUNTY INFOR TECH DPT E 101-41900-329 Other Communications $87 23 25067185 Data Base Access 1 E 101-42110-414 EOP/Communications Equip Rent $1,620.41 25068033 Radio Lease - 6/2005 E 602-49450-321 Telephone $26.74 25068070 PW Radios - 6/2005 E 601-49400-321 Telephone $26.75 75068070 PW Radios - 6/2005 Total HENNEPIN COUNTY INi OR TECH DPT $1,761.13 Paid Chk# 081372 7/25/2005 HENNEPIN COUNTY TREAS • ASSE JS E 101-41550-302 Assessing Services S54.790.44CA2526 2nd Naif Assess 2/05-7/05 Total HENNEPIN COUNTY TREAS-ASSESS $54.790 44 Paid Chk# 081373 7/25/2005 HENNEPIN COUNTY TREA8URER-ACCT E 602-49450-441 Licemes 6 Taaee S100 00 Gappa Record SignHure - Notary i Total HENNEPM COUNTY TREASURER-ACCT $100 00 >.r, • Paid Chk# 061374 7/25/2005 HENNIPIN CTY TREASURER - PW i E 60249450441 Licenses 6 Taxes $265 00 UTIL00569 UtiGiy Permis Total HENNIPSi CTY TREASURER - PW $265 00 Paid Chk# 061375 7/25/2005 IFP TEST SERVICES. INC E 10142110-319 Other ProNssionai Services $350006/23rt)5 Psych Exam - Office Candidate Total IFP TEST SERVICES. INC $350 00 1 PaUCM« 081376 7/2^7^005 ND6C08IPANY 1 1 E 101-43000-101 Pul-Time Empfeyeet Regular $2150 13606 AsphaS/Concrete Disposal 1 Total KDS COMPANY 12150 ! PBUChM 061377 7/25/2005 KENNETH N. POTTS. PA I CITY OF ORONO *Check Detail Register© 07/22/05 9:56 AM Page 15 4 JULY200S Check Amt Invoice Comment E 101-41600-306 Legal-Prosecution Total KENNETH N. POTTS. PA $2,500 00 7/1/2005 $2.500 00 Prosecutions - 6/2005 Paid ChM 081378 7/25/2005 KLM ENGINEERING, INC G 601-16500 Fixed Asset-Const in progress Total KLM ENGINEERING, INC 51.655.50 2750 $1,655 50 Nav Tower inspection PaidCtiMP 081379 7/25/2005 KOEHNEN'S AMOCO E 101-42110-212 Motor Fuels & Lubricants E 101-42110-212 Motor Fuels & Lubncanls E 101-42110-212 Motor Fuels & Lubricants $23 33 7/17/05 $21 50 7/18/05 $18 87 7/18/05 Gasoline • Squads Gasoline - Squads Gasoline - Squads Total KOEHNEN'S AMOCO 563 70 PaidChk# 081380 7/25/2005 LABOR RELATIONS ASSOC E 101-42110-319 Other Professional Services E 101-42110-319 Other Professional Services 5330 00 6/1/05 $154 00 6/1/05 LELS Negotiations Meeting with City Total LABOR RELATIONS ASSOC $484.00 Paid Chk« 061381 7/2S/2005 LONG LAKE GARDENS E 101-42110-437 Training & Development Total LONG LAKE GARDENS $229 54 Meals - Department Meeting $229.54 Paid Chki 061382 7/25/2005 LONG LAKE. CITY OF E 101-42260-318 Fire Services E 101-42260-319 Other Professional Services Total LONG LAKE. CITY OF $43.768 25 20050036 $2.228 38 20050037 3rd Qtr Fire Services 2nd Qtr 2005 Fire Fighter Wage $45.996 63 ^id Chki 081383 7/25/2005 LUBE TECH E 101-43000-212 Motor Fuels 8 Lubricants Total LUBE TECH $9381 1209865 $93 81 Paid Chki 061384 7/25/2005 MACQUEEN EQUIPMENT G 651-16420 Fixed Asset-Other equipment $176,538.21 1050112 R 101-39680 Sale of Equipment ($13,000 00) 1CS0112 Total MACQUEEN EQUIPMENT $163,538 21 Elgin Sweeper Trade 1989 Elgin/Pelican Sweep Paid Chki 081385 7/25/2005 MEDINA. CITY OF R 101-33490 State Grant-other Total MEDINA. CITY OF $3,156.79 7/13/05 Medina Share-Safe & Sober $3,156 79 Paid Chki 061366 7/25/2008 MET COUNCIL ENVIRONMENTAL SER R 101-39610 Miscellaneous Revenue ($14 50) 6/2005 G 101-20809 SAC Charges due to MWCC $1,450 00 6/2005 TolM MET COUNCIL ENVIRONMENTAL SER Sac 6/2005 Sac 6/2005 $1.435 50 Paid Chki 081387 7/25/2005 MET COUNCIL ENVIRONMENTAL SVCS E 602-49450-383 MWCC-Current Charges $25.338 15 802009 Wastewater Charges 8/2005 Total MET COUNCIL ENVIRONMENTAL SVCS $25,338 15 Paid Chki OBiasa 7/2S0005 MEYEITS OUTDOOft SERVICES E 101-45200-404 RapairaMaM-eidgtASrounds 52.000 00 2155 Park Mowing 6/2005 Tefal MEYErS OUTDOOR SERVICES $2,000.00 TaiTCHrWSSo >/is/2005 wiiicAPouo oxyoen cowawy E 101-43000-224 Street MaM. Matanalt/Supply 534 10 RI06050B38 Cylinder Invoice Tefal MINNEAP0LI8 0XY0ENC0MPANY $34 10 CITY OF ORONO 07/22A)5 9^AM Page 16 *Check Detail Register® JULY 2005 Check Amt Invoice Comment Paid Chki 061390 7/25/2005 MN DEPT OF REVENUE R 101 -34210 General Taxable Sales/Servioe G 613-20806 Due to Govts-State Sales Tax R 101-34650 Police Reports R 601-39610 Miscellaneous Revenue Total MN DEPT OF REVENUE $22 00 6/2005 $1.664 00 6/2005 $10 00 6/2005 $39 00 6/2005 Sales Tax - 6/2005 Sales Tax - 6/2005 Sales Tax - 6/2005 Sales Tax - 6/2005 $1,735 00 Paid Chk# 081391 7/25/2005 MN SAFETY COUNCIL E 101-43000-437 Training A Development Total MN SAFETY COUNCIL $257 00 $257.00 96991 Drug/Alcohol Training Paid Chk# 061392 7/25/2005 MN STATE BAR ASSOCIATION E 101-42110-208 Books A Periodicals Total MN STATE BAR ASSOCIATION $85 21 $85.21 185981 How to Succeed in the Crlrm Paid Chk« 081393 7/25/2005 MN STATE TREASURER R101-39610 Miscellaneous Revenue G101-20602 Due to govts-State Total MN STATE TREASURER ($167 74) 1280 $4.193 54 1280 Surcharge 6/2005 Surcharge 6/2005 $4,025 80 Paid Chk« 081394 7/25/200j MOORSE. RON E 101-41300-331 Travel Expenses E 101-41300-439 Meeting Expenses Total MOORSE. RON $6 00 7/13/05 $51.35 7/13/05 Parking Meats - Meetings $57 35 Paid Chki 081395 7/25/2005 MUNICIPAL CODE CORPORATION E 101-41900-319 Other Professional Services $350.00 71174 Total MUNICIPAL CODE CORPORATION $350 00 Annual Internet Fee Paid Chki 081396 7/25/2005 MUNICIPAL EMERGENCY SERVICES E 101-42260-221 Equipment Parts A Accessories E 101-42260-240 Small Tods and Minor Equf) E 101-42260-221 Equipment Parts A Accessories E 101-42260-221 Equipment Parts A Accessories Total MUNICIPAL EMERGENCY SERVICES $36 08 285338 $388 86 285694 $36 45 286807 ($27.00) 288214 Mounting Bracket Extinguisher, Bracket Mounting Brackets Mounting Brr:ket $434 39 Paid QM 081397 7/25/2005 NAVARRE CITGO E 101-42260-212 Motor Fuels A Lubricants E 101-42260-212 Motor Fuels A Lubricants Total NAVARRE CITGO $40.72 6/13/05 $46 50 6/27/05 Fuel - Navarre Are Fuel - Navarre fire $87 22 Paid Chk# 081396 7/25/2005 NAVARRE NAROWAflE E 602-49450-227 UMily Sytlam MainI SuppHas $11.69 153130 Peini E 602-49450-221 EquipmaiH Parti S Aocassoriai $9.31 153214 Hardware - Vactof E 661-49910-227 UliMy Sytlam Makrt SuppNat $3 82 153262 Concrete Mix E 651-49910-227 UUMy Sytlam MaM Suppkat $4 25 153265 Pail E 101-43000-224 SIraal MainI Malarttit/Supply $891 153296 Grass Seed E 601-49400-227 IMMy Sytlam MaM SuppHat $1169 153405 Marking Peird E 101-42110-221 EquIpmanI Partt S Aocaaaoriat $10.95 153618 Misc Supplies E 61349830-223 Bld^Graunda MaM Supptet $11.79 153916 Pamt. Moth Bans E 601-49400-227 UlWy Sytlam MaM Suppiat $1754 153943 Marking Paml E 101-43000-221 EquipmanI Partt S Aocaitortai $17 03 154050 Cutlers E 613-49630-223 BUt^Grounda MaM SuppNat $31 74 154256 Mwmg Conterar E 101-43000-221 EqwpmanI Partt S Aocattoriat $137 154483 Herdwere E 10143000-221 EquipmanI Parts S Aocattoriat $528 154500 Hardware E 10143000-221 EquipmanI Partt S Aocattoriat $168 154502 Misc Herdwrere CITY OF ORONO 07/22A)5 9S6AM Page 17 *Check Detail Register® JULY 200S Check Amt Imfolce Comment E 602-4d450-227 E 10M1900-221 E10M21 10-221 E 19M3000-221 E 60149400-223 E 101-43000-221 Utiitty System Maint Supplies Equipment Parts A Accessories Equipment Parts & Accessories Equipment Parts A Accessories Bldg/Grounds Maint Supplies Equipment Parts A Accessories Total NAVARRE HARDWARE $6.70 $61.76 $61.76 $1064 $914 $6 38 154618 154731 154731 154774 154832 154869 Insect RepeHant CO Detector CO Detector Storage Box Cleaning Supplies Tie Downs S30J 43 PaidChkA 081399 7/25/2005 NEOPOST E 101-41900401 Repairs/Maint-Ofrice Equip Total NEOPOST $169 00 42003714 Rate Change Protection $169 00 Paid Chkf 081400 7/25/2005 NORTH AMERICAN SALT E 10143000-224 Street Maint. Materials/Supply Total NORTH AMERICAN SALT $8.72 11251818 Fuel Surcharge $8 72 Paid Chk# 081401 7/25/2005 NORTHERN • HSBC E 10143000-221 Equipment Parts A Accessories Total NORTHERN-HSBC $44 99 193083934 Wheel Jack $44.99 Paid Chki 081402 7/25/2005 O'SULLIVANS • HOLIDAY 546 E 10142110402 Repairs/Maint-Auto Equip ____ Total O'SULLIVANS - HOLIDAY 546 $5 86 063005 CARWASHES $5 86 ^idChki 081403 7/25/2005 O'SULLIVANS HOLIDAY 547 E 10142110402 Repairs4Maint-Auto Equip $235 26 063005 Total O'SULLIVANS HOUDAY 547 CAR WASH'S $23528 Paid Chki 081404 7/25/2005 OFFICE DEPOT E 10141900-201 Office supplies E 10142110-201 Office supplies Total OFFICE DEPOT $161 95 297630938-00 SUPPLIES $161.96 297630938-00 SUPPLIES $32391 Paid Chki 081405 7/25/2005 OLD DUTCH FOODS INC. E 61349900-093 Concessions For Resale-Txbl Total OLD DUTCH FOODS INC. $3024 105600 CHIPS $30 24 Paid Chki 081406 7/25/2005 PHOENIX TECHNOLOGY SOLUTIONS. E 10142260401 RepairsAtoint-Omce Equip $150 00 ivc00456 Total PHOENIX TECHNOLOGY SOLUTIONS. $150.00 Support 7/2005 (laid cIm 061407 7/2SOOM PLUNKETTS E 10141900469 Other Misoeianeous Charges E 10142110489 Other MNsoeianeous Charges Total PLUNKETTS $103 85 6902^ $103 84 690207 PEST CONTROL PEST CONTROL $207.69 7/25/2005 PRAIRIE OFFSETPM CM 061406 E 10141900-201 OMoe suppies Total PRAIRIE OFFSET $456 48 122187 ENVELOPES $456 48 Paid Chki 0614O9 7/2S2005 PROLAWNS E 10145200404 Repairs/Makil-Bldgs/Groundi Total PROLAWNS $1.725 30 062505 WEED CONTROL $1.725 30 TSiaSroSUIO 7/25/2005 RED PEDERSON UTEJT1ES, INC G602-16600 FNad Asael-Conatm progroas $3.000 00 972 3960 DaM Road Lit Station I CITY OF ORONO *Check Detail Register© Q7t22m 9 56 AM Page 16 JULY 2005 Check Amt Invoice Comment ii Total RED PEDERSON UTILITIES, INC $3,000.00 Paid CNci 061411 7/25/2005 REED VENDING E 613^9900^3 Conoesitoni For Resale-Txbl Total REED VENDING $123 00 5056 Concession for Resale $123 00 Paid ChM 061412 7/25/2005 RICKS SUPERVALUE E 61349900-092 Soft Drinks For Resale E 613-49030-221 Equipment Parts & Accessories E 613-49630-223 Bldg/Grounds Maint. Supplies E 613-49900.092 Sott Drinks For Resale E 613-49900.093 Concessions For Resale-Txbl Total RICKS SUPERVALUE $19 99 7/12A)5 $4.99 7/12/05 $615 7/8A)5 $9 87 7/8A>5 $10 30 7/8/05 $51 30 Soda for Resale Trash Bags Insect Spray Soda for Resale Concessions for resale |!*ald Chki 061413 7/25/2005 SAMARITAN TIRE CO INC E 101.42110-402 RepeirsAMaint-Auto Equip $62012 247862 12 TIRES/PD Total SAMARITANTIRECOINC $620.12 Paid Chki 061414 7/25/2005 SBC PAGING E 10142110-321 Telephone $20 92 800009202610 TELEPHONE Total SBC PAGING $20.92 Paid Chki 001415 7/25/2005 SCHARBER S SONS E 10143000-221 Equipment Parts & Accessories $6.69 2040612 SPARK PLUGS E 10143000-221 Equipment Parts & Accessories $32 01 2049470 SHOP SUPPLIES E 10143000-221 Equipment Pacts & Accessories $27.55 2049517 AIR CLEANER-JD Total SCHARBER S SONS $6625 PaidChkS 061416 7/25/2005 SCHARBER S SONS/ROGERS E 61349030403 Repairs/Maint-Misc Equip $2.19180 1713 455 TRACTOR REPAIR/GC E 10143000-221 Equipment Parts A Accessories $155 47 337933 OIL FILTERS Total SCHARBER S SONS/ROGERS $2,347.27 Paid Chki 001417 7/25/2005 SCHWABBINC. E 10141900-201 Ofhoe supplies $35 73 T14184 NOTARY STAMP-GAPPA Total SCHWABBINC.$35 73 Paid Chki 061416 7/25/2005 SEARS E 10143000-240 SmaO Tools and Minor Equip $123 51 11125516706 DRILL BITSHARPENER Total BEARS $12351 Paid ChW 061419 7/25/2005 SECURINT-ACCOUNT 6742 E 10M2116-319 Other ProCissionel Services ___ Total SECURIfIT-ACCOUNT Si 42 $22 50 5742-2005063 3 CREDIT REPORTS-PO $22.50 Paid Chki 001420 7/25/2005 SUPERIOR LAMP E 101-42260-221 Equipment Parts S Accessories Total SUPERIOR LAMP $265 86 S222140-01 FD-LIGKTING $265 86 Paid Chki 001421 7/25/2005 T W TUPY MC. E 101-43000-224 Street Maint Materials/Suppiy Total T«V TUPY SIC. $524 60 063005 4" RIP RAP $52460 PaidChMP 001422 7/25«005 THORPE ^ ST CO. ES1340SOOOO1 Beer For Resale Total THORPE DiST CO. $99 75 37S689 BEER F/RESALE $99 75 CITY OF ORONO 07/22A)59:S6AM Page 19 *Check Detail Register® JULY2005 Chtcli Amt Invoice Comment PekJ cm 061423 7/25/2005 THREE RIVERS PARK DISTRICT E 101-42110437 Training A Development $290 00 2332745 Tout THREE RIVERS PARK DISTRICT PD TRAINING $290 00 Paid CNcf 061424 7/25/2005 TOLL GAS A WELDING SUPPLY E 10M3000-224 Street Malnt. Materials/Supply $624 476795 CYLINDERS ToUl TOU GAS A WELDING SUPPLY $624 Paid CIM 061425 7/2&2005 TWIN CITY GARAGE DOOR CO. E 10141900-404 RepairsAlaint-Bldgs/Grounds $180 00 239091 GARAGE DOORWTR PLANT Total TWIN CITY OARAGE DOOR CO.$180 00 PaidCfiBr06i426 7/25/2005 VOGT HEATING A AIR E 10142110-404 Repairs/Maint-Bldgs/Grounds E 10142110404 Repairt/Maint-6ldgt/Ground$ Total VOGT HEATING A AIR $239.00 303200 $1,975.00 303200 PD/START KIT AC REPLACE/PD $2.21400 Paid ChMI 06M27 7/25/2005 WASTE IWXNAGEMENT E 61349630489 Other Misoellaneout Charges E 10141900489 Other Misoellaneout Charges E 10141900469 Other Miscellaneous Charges E 10142260489 Other Miscellaneous Charges E 10145200-319 Other Professional Services E 10145200-319 Other Professionat Services r. 10143000-469 Other Miscellaneous Charges Total WASTE MANAGEMENT-TC WEST -TC WEST $77.n3 $91.38 $105.44 $77 33 $77.33 $77.33 $253 03 1123401-1593- SOLID WASTE 1123402-1593- SOLID WASTE-PD 1123403-1593- SOLID WASTE-PW 1123404-1593- SOLID WASTE-FD 1123405-1593- SOLID WASTE-BEDFRWOOD 1123406-1593- SOLID WASTE-SUMMIT 1123407-1593- SOLID WASTE- 9759 17 'l^atd ChMP 061428 imnm WATmHEO PARTNERS/HAMUN UNIV E 651-49910433 Mambtnhipt 6 Subaciiptiont $50000 JAN106-OEC3 mn WTR-Keep It Clean program ToM WATERSHED PARTNERWHAMUN UWV $500.00 PaMChkf 061429 7/26/2009 WAYZATA, CITY OF E 60149400-367 kUergovemmental Services Total WAYZATA. CITY OF $3,717 88 2NDQTR/05 2ND QTR WATER $3,717.88 PaidChki 061430 7/25/2005 WSB E 10143290400 Special Projects. Contingency Total WSB $6.41168 01632-000 TH 12 TURNBACK $6.41168 PaidChki 061431 7/25/2005 YELLOW BOOK USA E 61349630-340 General Advertising Total YELLOW BOOK USA $126 00 303666-JUL05 ADVERTISING-GC $126.00 19100 Primary Cash $610,869.72 Fund Summary 101 GENERAL FUND 426 f4AVARRE FIRE STATION PROJ FUND 601 WATER OPERATING FUND 602 SEWER OPERATING FUND S13 GOLF COURSE 651 STORM WATER UTILfTY OP FUND 10100 Primary Cash $364.285 82 $000 $14,617.71 $45.044 99 $7,996.91 $178.944 29 $610.609 72 infokmahon ITEMS COUNCIL MEETING OF CO'•—TTiNG JUL C j 2005 CITY Uh UH(, % • id 4, LAKE MINNETONKA CONSERVATION DISTRICT 18338 Minnetonka Blvd. Deephaven. MN 55391 (952) 745^789 EXECUTIVE DIRECTOR NEWSLEHER Gregory S. Nybeck July 15.2005 X 2005 EWM Harveetino Program : The 2005 EWM Harvesting Program commenced on 6/8/05 with the launching of the harvesting equipment at Spring Park Bay. Harvesting is planned through mkJ August, with the possibility of late season han/esting depending on growth and economic variables. Harvesting priorities are based upon imp^iment to public boat navigation on the open water, which is consistent wi*h past years. The South Upper Lake option has been implemented in 2005 and milfoil growth has been heavier this year compared to recent years. Harvesting on the Upper Lake has recently been completed and harvesting has commenced on the Lower Lake. High growth areas will be harvested twice, time permitting. 2005 Zebn Mueeel Program : The LMCD continues to be concerned about the introduction of other invasive species into Lake Minnetonka, with an emphasis on zebra mussels. During the 2005 boating season, the LMCD has contracted with the MN DNR Inspection Program for 2,200 hours to inspect boats during peak period times before they are launched at high volume public accesses on Fridays, Saturdays, Sundays and holidays from late May through mid August. The LMCD will continue to evaluate how these inspections fit into an overall long-term zebra mussel prevention program for Lake Minnetonka. Lake Minnetonka Boat Dtniltv Committee; This committee has been established to address boat density and to improve the quality of the experience on Lake Minnetonka. This committee has discussed a number of topics and the LMCD received valuable public input on them at the 5/11/05 Board meeting. These topics included; 1) expectations about safety and the overall experience when using the lake, 2) enforcement of storage and lake use ordinances, 3) the impact of large boats, 4) foe violation reporting process, 5) separation restrictions for personal watercraft, 6) education of lake users, 7) minimum-wake zones, 8) density indices in foe 1974 Boat Density Policy Statement, and 9) foe zoning concept. The committee has taken this public input into consideration and further refinement has been conducted of foe committee ’s goals and recommendations, with foe idea of creating an action plan. We will keep you informed on foe progress of this committee. LMCD Code for Deicing Inttallatlont : Last August, foe LMCD declared a one-year moratorium on the issuance of new deicing permits on Lake Minnetonka. The Board has reviewed existing LMCD Code for deicing installations and changes are being considered to three areas. These include; 1) foe area to be deiced and fencing requirements, 2) the March 15th "No Permif date, and 3) deicing at pennaneot versus seasonal docks. Public input was received at the 6/22/05 Board meeting on proposed Code changes within these three areas. This input has been taken into consideration and a draft Code amendment will be considered at foe 7/27/05 Board meeting. We will keep you up to date on this. 2005 Lake Minnetonka Water Patrol Prolact : For the fifth consecutive boating season, there is increased law enforcement presence on Lake Minnetonka by uJding two additional full-time Hennepin County Sheriffs Office Water Patrol deputies from mid May foroi*gh mid October. Similar to the past two years, furfoing for this project has been 100 percent from Hennepin County. Th^s added presence by foe Sheriffs Water Patrol has improved both the quality of the experience and safety for boaters on Lake Minnetonka. ■ -------------------------------------------------------------------------------------------------------- ICUTIVE DIRECTOR NBIVSUETTER. 7/1SI0S. PAGE 2 T,;-. T^DBT Laka Minnttonki Solar Light Buov Pipltct For a fourth consecutive boating season, a solar light buoy project has been implemented on Lake Minnetonka. Solar lights have been mounted on top of red and green navigalional buoys at a number of high traffic channels throughout Lake Minnetonka. Similar to the past, these solar fights have been purchased vnth ‘Save the Lake' funds. This project has incrementally increased during these four years and feedback on the solar lights has been positive in the past. Lake Minnetonka Boat Denettv and Uter Attitude Suiveui: Consistent with the Management Plan for Lake Minnetonka, Boat Density and User Attitude Surveys were conducted by ThomTech Design last summer. This fieldwork was coHected and analyzed by ThomTech Design this past winter. A Report was prepared by ThomTech and presented to the LMCD Board in April. We will forward a copy of this Report to each of the 14 LMCD member sometime in the near future. "Future of the Laka* Soaclal Event: The LMCD and Crystal^ierz Marine will be coordinating a special event called Tuture of the Lake* on Saturday, August 13th, in the morning at The Commons in Excelsior. This special event is geared towards the youth through a variety of activities that will educate, inform, and entertain attendees. Planning has commenced on finalizing these activities and addressing the details associated with them. We encourage parfidpetion in this special event from the youth of the 14 LMCD member cities. We will keep you up to dale on thto. member cities. In accordance with Minnesota Stale Statute 103B.636, the Board must on or before July 1 of each year prepare and submit a detailed budget of the LMCD's need, for the next calendar year, to the go/eming body of each municipaRty in the LMCD with a statement of the proportion of the budget to be provided by each municipality. The LMCD Board reviewed the draft 2006 LMCD Budget at its 5/25/OS, 6/8/05, and 6/22A)S Regular Board Meefings. A meeting with officiais from the 14 member cities was coordin^ in the LMCD office on Friday, 6/5/05, to receive input and comments on the draft 2006 LMCD Budget. The Board adopted the 2006 LMCD Budget, with a 4.3% levy increase compared to the 2005 LMCD Budget, at its 6/22/05 Regular Meeting and forwarded a copy of it to the 14 member cities before the July 1st deadine. Web Page: The LMCD’s WebPage address is: http://www.bncd.org. T=; . ^ 4 1 MINUTES OF THE REGULAR MEETING OF THE BOARD OF EDUCATION OF ORONO INDEPENDENT SCHOOL DISTRICT NO. 278 HELD ON June 13, 2005 The regular meeting of the Board of Education of Orono Independent School District No. 278 was held on Monday, June 13, 2005. Present: Jack Veach John Malone Dick Lewis Michele Kunz Mike Bash Karen Orcutt Neal Lawson wm Absent: Martha Van de Ven UPCX) MOTION by Dick Lewis, seconded by John Malone, the consent agenda was approved as follows: • approved the minutes of May 09, 2005, regular meeting; • approved the appointment of John Amos as a special education teacher at Orono High School for the 2005-06 school year; - approved the appointment of Joey Cole, as an English teacher at Orono Middle School for the 2004-05 school year ; approved the appointment of Kelly Hanley as a Spanish teacher at Orono High School for the 2005-06 school year; approved the appointment of Leslie O'Meara as a business education teacher at Orono High School for the 2005-06 school year; approved the appointment of Esme' Schwall as an English teacher at Orono High School for the 2005-06 school year; approved the request of John K. Ringer, Schumann Elementary teacher, for a leave of eUbsence for the 2005-06 school year; approved the request of Monica Luckett, Orono Middle School teacher, for a leave of absence for the 2005-06 school year; approved the request of Julie Schneider, Schumann Elementary School teacher, for a leave of absence for the 2005-06 school year; approved the appointment of Jacqueline Sater as Payroll Manager effective June 16, 2005; accepted the resignation of Linda von Buskirk, secretary to the principal at Orono High School, effective June 10, 2005 and, approved her appointment as Administrative Assistant to the Superintendent, effective June 13, 2005; accepted the resignation of Marcia Zajac, TIES Student Services secretary, effective June 30, 2005 and. IT* approve her appoincment as Supervisor of Student Accounting and Transportation, effective July 1, 2005; accepted the resignation of Barb Mikkelson, secretary at Orono Intezirtediate School, effective June 22, 2005; terminated the contract of Tammi Adams, Special Services secretary, effective June 23, 2005; terminated the contract of Nancy Krull, Communication Coordinator, effective June 30, 2005; terminated the contract of Diane Nelson, short hour cook at Orono Middle School, effective May 26, 2005; approved the bills as covered by vouchers 141471 through 141951. Motion carried. Ms. Paula Martin, Intermediate School Principal, introduced fifth grade teachers Ms. Heidi Mohagen and Ms. Cindy Conger. As part of their math curriculum Ms. Mohagen and Ms. Conger teach a 15 day unit on Personal Finance. Students Rachiel Kennen and Jake Poepping presented their projects to the Board 2004-05 REVISED BUDGET AND 2005-06 PRELIMINARY BUDGET: Neal Lawson stated that the budget was presented and discussed at the May 9, 2005 School Board meeting. The administration now presents the budgets for their consideration and approval. UPON MOTION by Dick Lewis, seconded by John Malone, the Board of Education approved the 2004-05 Final Budget in the amount of $25,718,974 and the 2005-06 Preliminary Budget in the amount of $26,686,989. The Board thanked Neal for his hard work in preparing the budget. Motion carried. BREAD PROPOSAL AWARD: Neal Lawson recommended that the Board of Education award the Bread Contract to New French Bakery as the lowest responsible vendor as per quotes provided. UPON MOTION by John Malone, seconded by Michele Kunz, the Board of Education approved che Bread Contract be awarded to New French Bakery. Motion carried. ADMINISTRATIVE REPORT; Neal Lawson and Technology Steering Committee members Mark Engebretson, Aaron Ruhland and Rick Watkins presented and recommended that the Board accept the Technology Plan and approve the Technology spending for 2005-06. Board discussion followed. UPON MOTION by Mike Bash, seconded by John Malone, the Board accepted the Technology Plan and approved the Technology spending for 2005-06. Motion carried. July Board of Education Meeting; UPON MOTION by Mike Bash, seconded by Michele Kunz, the Board approved July 11, 2005 as meeting date for the annual July reorganization meeting the Motion carried with one abstinence by Dick Lewis. SCHOOL BOARD CANDIDACY FILING; Effective in 2004, school districts are required to conduct primary elections to choose nominees for election to the school board if more than two candidates for a specified school board position or more than twice as many school board candidates as there are at-large positions available file for office. Board member Michele Kunz introduced the following resolution, waived the reading of the resolution and moved its adoption: COMPLETE RESOLUTION ON FILE IN DISTRICT OFFICE LUNCH PRICES: Neal Lawson recommended that the 2005-06 lunch prices increase by 15 cents. This is precipitated by the information gathered in the focus groups and the requests for an increase of fresh fruits/vegetables and more whole grain breads. UPON MOTION by John Malone, seconded by Michele Kunz, the Board approved a 15 cent increase in lunch prices for 2005-06. Motion carried. SALE OF GENERAL OBLIGATION AID ANTICIPATION CERTIFICATOS OF INDEBTEDNESS: UPON MOTION by Mike Bash, seconded by Dick Lewis, the Board approved the resolution pertaining to the sale of General Obligation Aid Anticipation Certificates of Indebtedness. Motion carried. COMPLETE RESOLUTION ON FILE IN DISTRICT OFFICE CLOSED SESSION: At this time the Board went into Closed Session for the purpose of conducting the Superintendent's annual performance evaluation and to discuss negotiations. The meeting reconvened at 10:17 p.m. He reported that the evaluation of the Superintendent was conducted, that it was a positive review and the materials as compiled by Martha Van de Ven will be filed for the Superintendent. At this time he requested a motion from the Board to approve the performance pay. UPON MOTION by Michele Kunz, seconded by Dick Lewis, the Board of Education approved “he 2% performance pay per contract 2 iguage. Motion carried. UPON MOTION by Michele Kunz, seconded by Mike Bash, the meeting was adjourned. Motion carried. Michele Kunz, Clerk Jack Veach, Chair r I :i-.l July 15,2005 14 FROM:Lindsey Manhart Community Service Chair Rotary Club of Orono t 200S C/7Yof ^^OA/o TO:Orono and Long Lake City Councils RE:$1,500 donation request for the shuttle across Highway 12 At today’s Board meeting, the Rotery Club of Orono declined donating to the shuttle program aftek' examining our donat on criteria (listed below). We ^ipieciate your mjuest and encourage you to use our club as a source for answers to community ne^. Thank you for all that you do! Lindsey Manhart Community Service Chair Rotary Club of Orono 7041 Pima Ln Chanhassen, MN 55317 6)2 916 6608 (cell) Domaion guidelines as defined by June 29, 2005 board planning meeting: 1) Focus on the local community as a whole. 2) Boise people up from a disadvantaged position. 3} Give to organizations that do not have other means of raisingfitnds. Le. United Way would not qualifr. 4) Be sensitive to member groups; It’s about ' my community, ’’ not "my own. ” 5) Be able to prove good administration, especially if donation is $2,500 or more, Le. be aMe to produce an estoMished track record for spending and responsiNe account procedures i 'i'-m mi