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HomeMy WebLinkAbout08-09-2004 Council Packeti- COIIM^M MCCTIMG AUG 0 9 2004 AGENDA FOR COUNCIL MEETING SET FOR MONDAY, AUGUST 9, 20 ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO T 9, 20(M.7:0Q P.M. NO,ivo (*) Asterisk items are considered to be routine items to be enacted upon by one motion by the City Council under the Consent Item* on the agenda. Memos regarding each of the Agenda items are available in the Public Packet - located on the counter near the sign in sheet. ROLL CALL CONSENT AGENDA 1 . Approve/Amend RECOGNITION 2. Recognition of hivestigator Jim Comick - Resolution 3. Distinguished Service Award - Officer Kyle Russc'h - Resolution APPROVAL OF MINUTES • 4. Regular Council Meeting of July 26, 2004 PARK COMMISSION COIVLMENTS - Rick Rice, Representative PLANNING COMMISSION COMMENTS - Roland Jurgens, Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT 5. #02-2843 Professional Properties of Orono, 2765 Kelley Parkw ay - PUD Amendment for Wall Sign 6. #04-3029 Michael Keaveny, 3423/3425 Shoreline Drive - Commercial Site Plan Review- - Denial Resolution 7. #04-3036 James Brooks, 3785 Watertow n Road - Variances - Resolution 8. #04-3038 Darrell Andcrson'Bruce Dayton, 900/925/965 Old Long Lake Road - Lot Line Rearrangement - Resolution MAYOR/COUNCIL REPORT 9. Proclamation - National Marina Day - Resolution PUBLIC SERVICE DIRECTOR ’S REPORT 10. Repave Salt/Sand Mixing Area 11 . Purchase of Public Works Pickup Truck 12. Assessment for CR6/Brown Road North Sanitar>' Sew er - Resolution CITY ADMINISTRATOR'S REPORT 13. Purchase of Property at 3422 Lyric Avenue 14. Appoint Election Judges for September 14,20C4 Primary Election - Resolution 15. Request for Reassignment to Patrol Officer 1 6. Accept Resignation of Patrol Officer Jeff Johnson 1 7. Database Consulting Fee and Budget Adjustment AGENDA FOR COUNCIL MEETING SET FOR MONDAY, AUGUST 9,2004,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA CITY ATTORNEY'S REPORT ♦ 18. LICENSES * 19. BILLS UPCOMING ISSUES AND EVENTS 2004 08/09 - Council Work Session, 6:30 p.ni. 08/09 - Council Meeting, 7:00 p.m. 08/10- Council Work Session, Tuesday, 5:30 p.m. 08/16 - Planning Commission Meeting, 6:00 p.m. (Council Liaison -Jim White) 08/23 - Council Meeting, 7:00 p.m. 08/24 - Candidate Filing Opens for November 2 General Election, Tuesday.S.OO a.m. 09/01 09/06 09/07 09/07 09/07 09/09 09/11 09/13 09/13 09/14 09/20 09/27 Planning Commission Work Session, Wednesday, 5:30 p.m. HOLIDAY, Labor Day Resume Regular Office Hours, 8:00 a m. - 4:30 p.m. Candidate Filing Closes for November 2 General Election, Tuesday, 5:00 p.m. Park Commission Meeting, Tuesday, 7:15 p.m. (Council Liaison - Bob Sansevere) Council Work Session, Thursday, 5:30 p.m. City Offices Open for Absentee Voting, Saturday, 10:00 a.m. - 3:00 p.m. City Offices Open for Absentee Voting until 5:00 p.m. Council Meeting, 7:00 p.m. Primary Election, Tuesday, 7:00 a.m. - 8:00 p.m. Plaiming Commission Meeting, 6:00 p.m. (Council Liaison - Jim Murphy) Council Meeting, 7:00 p.m. M Public A ttendance eTc( Meeting D ate & — C ouncil □ Planning C ommission □ Park C ommission □ Other Please filloutthe information requested BELOW FOR our CITY RECORDS. NAME (please print)ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER ssr^a 1. 2, 3. 4. 5. Qei y 7'^// /f /1 /(J 9-JO I.J Eh9 7 r u'c 0*^1'3^5/; 6.. 7.. 8.. 9. 10. 11. 12. 13. 14. is. W:\Ad«in^if%i S«iv«r^fniif/#nklt AW hi <ibw wpd A RESOLUTION OF RECOGNITION TO INVESTIGATOR JAMES CORNICK AUG 0 9 ?m CITY OF OROf^O RESOLUTION NO. WHEREAS, the City of Orono is supportive of all of its police offtcers, support staff, and supervisory staff in providing the highest quality police services; and and WHEREAS, much is expected of peace ofOcers in today’s society; WHEREAS, during the early morning hours of July 18, 2004, Investigator Comick was on duty when he investigated a house fire on West Arm Road in Spring Park; and WHEREAS, the investigation resulted in his imminent death by falling through a hazardous dock suffering personal injury and nearly drowning; and WHEREAS, Investigator Comick continued his investigation even afier being rescued; and WHEREAS, Investigator Comick consistently demonstrates his dedication to duty and the citizens served by the Orono Police Department. NOW, THEREFORE, BE IT RESOLVED, that the Orono City Council recognizes Investigator James Leroy Comick, Jr. for his outstanding degree of devotion to duty on July 18, 2004, and expresses its gratitude for his willingness to protect life and property on behalf of us all. Adopted by the City Council ofOrono, Minnesota at a regular meeting held this 9th day of August, 2004. ATTEST: l.inda S. Vec, City Clerk Barbara A. Peterson, Mayor I A RESOLUTION BESTOWING THE LIFE SAVING AWARD FOR DISTINGUISHED SERVICE TO OFFICER KYLE RUSSETH AUC 0 9 2004 CITV OF ORO/Vu RESOLUTION NO. WHEREAS, the City of Orono is supportive of all of its police officers, support staff, and supervisory staff in providing the highest quality |x>Iice services; and W'HEREAS, during the early morning hours of July 18,2004, Oflicer Russeth was on duty when he assisted in the investigation of a house fire on West Arm Road in Spring Park; and WHEREAS, the investigation resulted in imminent death by drowning of a fellow officer; and WHEREAS, Officer Russeth, through immediate action, courage, stamina, and fitness performed a lifesaving act by rescuing Investigator James Comick who fell through a hazardous dock. NOW, THEREFORE, BE IT RESOLVED that the Orono City Council bestows upon Kyle Matthew Russeth the LIFE SAVING AWARD for distinguished ser\'ice for his successful lifesaving etToiis involving a fellow officer on July 18, 2004. Adopted by the City Council of Orono, Minnesota at a regular meeting held this 9th day of August, 2004. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Ma>t)r I MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 26,2004 7:00 o ’clock p.m. COlfM/'tl ««c•CTI^/G 0 5 20Q4 ROLL CiTVOFOROfvO The Council met on the above mentioned date with the following members present: Mayor Barbara Peterson; Council members Jim White, Bob Sansevere, Jim Murphy, and Lili McMillan; City Attorney Thomas Barrett; Representing staff were City Administrator Ron Moorse, Planner Janice Gundlach, Public Service Director Greg Gappa, and Recorder Kristi Anderson. Planning Director Mike Gaffron and City Engineer Tom Kellogg were absent. Mayor Peterson called the meeting to order at 7:01 P.M CONSENT AGENDA 1. Approve/Amend Items #9,10,11, and 12 were added to the Consent Agenda. Murphy moved. White seconded, to approve the Consent Agenda as amended. Vote: Ayes 5, Nays 0. APPROVAL OF MINUTES *2. Regular Council Meeting of July 12, 2004 Murphy moved. White seconded, to approve the Minutes of Julv 12,2004, as submitted. VOTE: Ayes 5, Nays 0. 7:00 P.M. - INFOR.MATIONAL .MEETING 3. BIRCH LANE DRAINAGE IMPROVEMENT PROJECT Gappa presented the Council with an update regarding the Birch Lane drainage improvement project based on feedback acquired at a July 19* 2004 neighborhood meeting. In addition to crowning the road and using curb and gutter to direct water, he explained that the preferred option involved the installation of a 10 ”pipe in the City right of way on the w est side of Baldur Park Road to a point ISO' north of the intersection and then the construction of a drainage swale, since the elevations are too low to continue the pipe. The swale would continue north across a small privately owned unbuildable parcel to drain water into the wetland adjacent to North .\rm Bay. Gappa indicated that he had spoken to the owner of the unbuildable parcel, w ho resides in Washington State, who had expressed concerns about the impact the casements might have on future development of this parcel. Gappa stated that he explained to the ow ner that under Orono, Watershed District, and both Federal and State regulations, filling wetlands was absolutely not allowed, nor was the installation of a dock without a principal structure. Although the property' is located entirely within the 75' setback zone the City offered the owner $2.00 per square foot for the easement which results in $1,500 compensation on a parcel that pays merely $7.00 per year in taxes. Gappa stated that he had not gotten further response from the owner. PAGE 1 of 10 AMU MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 26, 2004 7;00 o’clock p.m. (3. BIRCH LANE DRAINAGE IMPROVEMEST PROJECT, Continued) Mayor Peterson asked how many neighborhood residents were in attendance this evening Approximately 8 individuals raised their hands. Jefl Michelson, 1436 Baldur Park Road, asked whether the swale opening into the wetland across the street would cause him further back up in the culvert next to his home. Sansevere encouraged Michelson to speak to Gappa about the details regard ng the swale as the project proceeds. Gappa stated that, to his knowledge, although residents Roth, Ackermann, and Swenson were present at the Monday evening meeting, none of them were entirely interested in granting casements across their property. Charlotte Lipa, 3490 North Shore Drive, stated that she had spoken to those neighbors and that they had indicated to her that they did not oppose a permanent casement along the back edge of their lot lines to resolve this problem. She urged Gappa to make contact with them to get a definitive yes or no directly. Gappa agreed that they had indicated that this might be a hopeful solution. White questioned whether the City could proceed with condemnation of the unbuildahle parcel, since it would be answering a public service for the whole neighborhood and is unbmldablc now anyway. Attorney Barrett agreed that condemnation of this parcel would be consistent with the Council's past position with regard to the good of the public interest. Mayor Peterson asked whether this option would be the preferred option by all. Gappa verified this to be the preferred option, especially since the w etland would provide a filtration system for the water before it entered the lake. Attorney Barrett explained that the City could proceed with a 90 day quick take, after performing an appraisal to determine the market value of the parcel. Murphy asked if the neighbors agreed this to be the preferred option. The neighbors agreed they preferred this solution: however. Michelson wanted some assurance his culvert W'ould not be further impacted. While members of the Council did not favor condemnation, Sansevere stated that if all assurances could be made that this parcel is unbuildablc, he would support condemnation. McMillan, White, and Mayor Peterson concurred. Gappa stated there would be no way the property could be buildable m the wetland and within 75’ of the water. Moorse concurred. PAGE 2 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 26,2004 7:00 o’clock p.m. (3. BIRCH LANE DRAISAGE IMPROVEMENT PROJECT, Continued) White stated that the option to split the water two ways seemed the most logical solution, especially in light of the extensive public testimony over the past several months. Sansevere urged Gappa to contact the owner of the parcel in Washington State via telephone and attempt to negotiate with him regarding the easements or inform him of the condemnation proceedings. Betsy Nusbaum, 3480 North Shore Drive, asked if the 90 day condemnation proceedings would delay the entire project or whether the City could begin to lay the curb and gutter etc. Gappa indicated that the curb and gutter could be laid along Birch Lane. Kenton Carlson. 3498 North Shore Drive, stated that, having lived here for 35 years, his experience had beer that the 8” pipe could typically handle 98% of the runoff. It is in the spring when the pipe is still frozen and the snow begins to melt that the neighborhood is faced with problems. He was confident the City would not have problems until next spring again, when the pipes freeze. In the meantime, Carlson suggested the City resolve the problems faced by the residents on the south side by crowning the road and installing curb and gutter directing water to the comer, while it continues work on the condemnation proceedings which would then allow the project to be completed. Mayor Peterson reiterated the question whether the City could complete this half of the project while pursuing the condemnation process. Gappa agreed this could be done. Charlotte Lipa asked who made the decision to install curb and gutter and urged the City to give careful consideration whether they wish to install additional impervious surface of curb and gutter in this rural narrow street. She was concerned about the cost of the installation, as well as. the stormwater flowing directly from Birch Lane into Crystal Bay via the 8" pipe. Gappa maintained that the only way to direct water away and past the lower lying properties along Birch Lane would be to install curb and gutter which could channel the water to the comer. .McMillan explained that oftentimes, curb and gutter can be used to channel water in an efficient manner to areas where it can be treated. She commented that, unfortunately, the design of the existing pipe was a poor design from the beginning, but must be used to resolve the immediate issues. Mayor Peterson noted that this narrow road had long since lost its mral nature, due to the sheer density of the area. She indicated that she agreed with the staff recommendation. White pointed out that the installation of curb and gutter was discussed m previous meetings and indicated that if Ms. Lipa had reservations, she should have voiced them at that time. PAGE 3 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 26,2004 7:00 o’clock p.m. (3, BIRCH LANE DRAINAGE IMPROVEMENT PROJECT, Continued) McMillan reiterated that the Council’s first concern was to get the drainage issues resolved for the residents of this neighborhood and stop the water from running into their yards. She encouraged staff to pursue conversations with the Ackeimanns and Swensons regarding easements along their property lines while simultaneously pursuing the condemnation proceedings. McMillan urged staff to strive for a quicker resolution this summer. Murphy asked what other alternatives remained and whether swaling or berming resident’s property was an option to consider. Gappa stated that the neighborhood is so tight that there would not be sufficient room for additional swales, berms, or ditches. He believed the preferred proposed option to be the most fair of those discussed and saw no other way to proceed. Ron Cloud, 3460 North Shore Drive, stated that his home was raised once to see over a berm the City created back in 1951 and he did not wish to be surrounded on both sides by berm. Based on resident and Council input. Mayor Peterson directed staff to pursue the two prong approach by completing the first phase of the project, obtaining quotes to construct curb and gutter, crowning the road and additional road work, while pursuing the negotiations or condemnation proceedings with the owner of the unbuildable parcel, and contacting the other two residents about their easements. Gappa stated that it would be better to use the vacant parcel than to tr>* to impact current owners and their properties. Attorney Barrett concurred with the Mayor that staff should pursue the tw o prong approach. Mr. Carlson thanked City staff and the Council for their effort and patience in trying to resolve the problems for this neighborhood. Michelson asked if the neiglibors would see a final design. Moorse stated that the City would finalize specs, get quotes and an appraisal, contact the vacant property owner, and the other two neighbors regarding easements and report back the second meeting in August. Mayor Peterson asked if the project could be finalized before winter. Moorse indicated that the first half of the project could be complete by fall, but if the \-acant property enters into 90 day condemnation proceedings, the project would not be complete until spring. Ms. Nusbaum reiterated Michelson’s question whether finished plans would be available for review. PAGE 4 of 10 liiiitfiliiiiii I r MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 26,2004 7:00 o’clock p.m. (3. BIRCH LANE DRAINAGE IMPROVEMENT PROJECT, Continued) Mayor Peterson repeated staffs assertion that everything the City has, including elevations, cross sections, etc. would be available for review the second meeting in August. PARK COMMISSION COMMENTS - Andrew McDermott Chair McDermott had nothing to report. PLANNING COM.MISSION COMMENTS - Mark Fritzler Fritzler reported that most of the Planning items were contained in the Consent Agenda. LMCD REPORT - Debora Halvorson Halvorson reported that weekend zebra mussel inspections will continue throughout the summer with inspectors asking boat owners where their boats have been. Halvorson stated that, interestingly, most boaters trailered their boats in and out of Lake .Minnetonka. She informed the Council that the LMCD is completing work on an educational video pertaining to zebra mussels which will be broadcast on cable access channels. Halvorson requested that the City continue to publish additional information in the newsletter and on the website. In addition, Halvorson pointed out that milfoil harvesting, which began June 9'\ will continue through mid August. With regard to safety at Big Island, Halvorson reported that the additional safety lanes have been working well, although some boaters have been using the lanes for swimming. She noted that the LMCD may have to consider placing limitations on the number of boats rafting together. Halvorson stated that boat density and attitude studies arc being performed, with the results to follow. Sansevcrc questioned whether the City of Orono, which makes up 40% of the shoreline on the lake, should have more representation on the LMCD. GOLF COURSE SUPEPINTENDANT REPORT - Ron Steffenhagen Moorse introduced Ron Steffenhagen, golf course superintendent, to comment on the violation to the liquor ordinance by a gulf course employee. Steffenhagen apologized to Administrator Moorse and the City Council for the violation by one of his staff members. He assured the Council that he had taken steps to ensure that this does not happen again, including sending employees to annual classes about carding patrons. He indicated that, as a general rule, employees have been told to card anyone w ho appears to be under the age of 35. Sansevere asked if this employee or others card on a usual basts. He mdicatcd that it was an embarrassment that a City business was caught not carding. Steffenhagen stated that he had seen all of his employees carding patrons. He expressed his smeere apology that the City employee failed to card in this situation. PAGE 5 of 10 i MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 26, 2004 7:00 o’clock p.m. (GOLF COURSE SVPERLNTENDAST REPORT - Ron Ste/fenfiagen, Conthmed) Mayor Peterson asked what the fine would be or what discipline the employee faced. Moorse stated that the $500 fine would be directed to the Healthy Communities, Healthy Youth initiative. In addition, he explained that the employee may incur an additional fine in court and was not allowed to sell alcohol until completing additional training. On a different note, McMillan complimented Steffenhagen on the beautiful course and conditions of the greens. She asked how business was. Steffenhagen stated that the past weekend w'as the best of the season thus far. Sansevere encouraged Steffenhagen to distribute to all of the employees a list of the risks they face if they ser\’e alcohol to minors, not to mention termination the next time. Murphy thanked Steffenhagen for his willingness to come in and address this issue head on. He commented that everyone has learned from this experience. PUBLIC CO.VIMENTS Mrs. O’Malley, 2740 Kelly Avenue, stated that, on behalf of the residents off Kelley Avenue, she wished to thank the City for opening the gates at Lydiard beach to grant better access to the neighbors. She asked what process the City takes when it decides to close or gate off a public beach in notifying the neighbors. Attorney Barrett stated that as the City was not vacating a public right-of-way, there is no legal requirement regarding notification to the neighbors. ZONING ADMINISTRATOR’S REPORT *4. #04-3026 DAVID PO.MIJE, 801 TONKAWA ROAD - .AFTER THE FAC?T VARIA^NCE - RESOLUTION NO. 5205 Murphy moved. White seconded, to adopt RESOLUTION .NO. 5205, a Resolution granting after-the-fact lake setback, bluff setback, and hardcover variances in order to rebuild a lakeside deck at 801 Tonkawa Road as consistent with the setback and hardcover levels approved in a 1992 variance request. VOTE: .Ayes 5, Nays 0. *5. #04-3030 DR. MARTHA SPENCER, 1005 WILLOW DRIAT SOUTH - VARIANCE - RESOLUTION NO. 5206 Murphy moved. White seconded, to adopt RESOLUTIO.N NO. 5206. a Resolution granting a lakeside setback variance to allow grade level decks w ithin 150’ of the OHWL on a natural environment lake and a hardcover variance for 8% hardcover within the 0-75* setback zone in order to construct lakeside decks over existing patios at 1005 illow Dr. S. VOTE: Ayes 5, Nays 0. PAGE 6 of 10 ll \ MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 26, 2004 7:00 o’clock p.m. *6. #04-3032 CHARLES AND ROSEANNE SIMPSON, 2695 KELLY AVENUE - VARIANCES - RESOLUTION NO. 5207 Murphy moved. White seconded, to adopt RESOLUTION NO. 5207, a Resolution granting a lot area variance and lot width variance to permit construction of a new residence at 2695 Kelly Avenue stipulating implementation of the recommendations of the City Engineer in the letter dated 7/6/04. VOTE: Ayes 5, Nays 0. *7. #04-3035 MARK AND SUSAN STROBEL, 525 HUNTER PASS - CONDITIONAL USE PERMIT - RESOLUTION NO. 5208 Murphy moved, White seconded, to adopt RESOLUTION NO. 5208, a Resolution granting approval of the Conditional Use Permit to allow plumbing in an accessory building in order to construct a bathroom consisting of a toilet, sink, and shower within the existing pool cabana located at 525 Hunter Pass stipulating execution of the covenant stated within the Zoning Ordinance Section 78-418 (b) (e). VOTE: Ayes 5, Nays 0. 8. #04-3036 DURABILT ASSOCIATES, INC. ON BEHALF OF JAMES BROOKS, 3785 WATERTOWN ROAD - VARIANCE Gundlach explained that the applicant requests a side yard setback variance to allow an eastern side yard setback of 10’ when 14.4’ currently exists and 50 ’ is normally required. Although the Planning Commission voted to approve the request on a 5-1-1 vote, she stated that staff would recommend denial of the requested variance to allow the setback, but would support a side yard setback variance of 14.4’ due to the existing .setback of the house and attached garage, and narrowness of the lot. White stated that he would prefer a garage wider than 20' to allow for storage of outdoor equipment. Frit/ler indicated that a long nanow lot should be required to build a long narrow garage. Tom Kasprza, of Durabilt, stated that the minimum width he usually builds is 22’. McMillan felt it was deceiving from the pictures to see the height differentials within the driveway. She believed hardship could be found in the need for an adequate driveway apron and turnaround access to pull out onto Watertown Road. Brooks stated that he w as attempting to improve the aesthetics of the property, as well as, obtain a tw o car garage. McMillan moved. White seconded, to approve the side yard setback variance to allow a It' eastern side yard setback to construct a two stall garage due to the lot dimensions, elevations and constrictions of the driveway tnrnaronnd. VOTE: Ayes, White and .Mc.MUIan; Nays, .Mayor Peterson and Murphy. Sansevere asked for more discussion. .Sansevere questioned why staff did not concur with the Planning Commission’s position that there was adequate hardship to support the application. PAGE 7 of 10 iiii riifititiii'ini MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 26, 2004 7:00 o ’clock p.m. (8. 804-3036 DURABIL T ASSOC/A TES, INC. ON BEHALF OF JAMES BROOKS, 3785 WATERTOWN ROAD - VARIANCE, Continued) Gundlach stated that the existing side yard setback variance allows a structure within 14.4' of th' side yard which staff would be opposed to increasing. Moorse reminded the Council that a 50’ setback is normally required ard that this request would be going beyond the original allowance for hardship and increasing the nonconformancy . McMillan pointed out that the whole property provides little buildable area, while adequate turnaround room to provide safe access to Watertown Road at this blind intersection is justified. Sansevere asked whether staff could support a compromise of a 12’ side yard setback to allow a 22’ garage. Gundlach reiterated staff s position that the garage remain at 20'. Fritzler stated that he would have found that to be an acceptable alternative. Murphy stated that allowing the applicant a 20’X24’ garage is not a hardship, since he will still have the same amount of square footage. Mayor Peterson moved, Murphy seconded, to approve the existing i4.4’ setback as originaiiy approved. McMillan asked if the motion could be amended to allow the 12’ setback. Mayor Peterson denied the request. VOTE: Ayes, Mayor Peterson and Murphy; Nays, McMillan, White, and Sansevere. White moved, McMillan seconded, to grant a 12’ eastern side yard setback in order to construct a two stall garage at the property located at 3785 Watertown Road. VOTE: Ayes, McMillan, White, Sansevere; Nays Mayor Peterson and Murphy. MAYOR/CITY COUNCIL REPORT Sansevere requested that an upcoming work session include a discussion regardmg the new smoking bans, and at the request of a resident, ways to more aggressively pursue illegal docking of boats in Orono. *9. PROCLAMATION - NATINAL NIGHT OUT - RESOLUTION NO. 5209 Murphy moved. White seconded, to adopt RESOLUTION NO. 5209, a Resolution proclaiming August 3,2004 as ’’National Night Out” in Orono. VOTE: Ayes 5, Nays 0. PAGE 8 of 10 H MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 26,2004 7:00 o’clock p.m. PUBLIC SERVICE DIRECTOR’S REPORT • 10. BIG ISLAND ACCESS LANE MCWD WETLAND BUFFER COOPERATIVE AGREEMENT Marpby moved. White seconded, to approve the Cooperathe Agreement betiveen the City of Orono and Minnehaha Creek Watershed District for the Big Island access wetland buffer protection. VOTE: Ayes 5, Nays 0. ♦11. REQUEST FOR HNAL PAYMENT, NAVARRE CRl 9 SIDEWALK PROJECT Murphy moved. White seconded, to approve Request for Final Payment, Navarre CRl9 Sidewalk Project to Schmidt Curb Company Inc., in the net amount of $6,781.47. VOTE: Ayes 5, Nays 0. CITY ADMINISTRATOR’S REPORT * 12. WEST METRO DRUG TASK FORCE AGREEMENT AND BUDGET ADJUSTMENTS Murphy moved, White seconded, to approve a multi-agency task force agreement and provide $10,000 to fund start-up costs to Hennepin County for exclusive use of this task force, and budget adjustment, from the forfeiture fund. VOTE: Ayes 5, Nays 0. Murphy moved. White seconded, to accept donation of $20,000 electronic equipment from Hennepin County to the Task Force. VOTE: Ayes 5, Nays 0. Murphy moved. White seconded, to approve insurance purchase at $300, and budget adjustment from the forfeiture fund. VOTE: Ayes 5, Nays 0. CITY ATTORNEY’S REPORT Attorney Barrett requested that the meeting be adjourned to an Executive Session to discuss City covenants on the old sewer plant property. *17. LICENSES There were no licenses. ♦18. BILLS Murphy mov ed. W hite seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, N mvs 0. PAGE 9 of 10 r MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 26,2004 7:00 o’clock p.m. / ADJOURNMENT Murphy moved. Mayor PcterioB seconded, to adjourn the Orono City Council Meeting of July 26,2004 at 8:55 P.M. VOTE: Ayes 5, Nays 0. ATTEST: Linda S. Vee, City Clerk Barbara Peterson, Mayor V > U 'I PAGE 10 of 10 __ V ]•' ffTMAVEIl % =^2843 T] •TMAVCN L. ^ r r 1 \ i c3?=r «- ^-1 *»-jjsrr- —— - •!—««s.n <y 7 X V. / //*• AUG 0 9 2004 AGENDA FOR COUNCIL MEETING SET FOR MONDA'^!iiy<i3fTQRfltt<y»I:00 P M ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA (•) Astensk items ire considered to be routine items to be enacted upon by one motion by the City Cour under the Consent Item* on the agenda. Memos regarding each of the Agenda items are available in the Put Packet - located on the counter near the sign in sheet. ROLL CALL CONSENT AGENDA I. Approve/Amend RECOGNITION ^ 2. Recognition of Investigator Jim Coniick-Resolution 3. Distinguished Service Award - Officer Kyle Russcih - Resolution APPROVAL OF MINUTES • 4. Regular Council Meeting of July 26.2004 PARK COMMISSION COMMENTS - Rick Rice. Representative PLANNING COMMISSION COM.MENTS - Roland Jurgens, Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Peisoo) ZONING ADMINISTRATOR'S REPORT 5. ^92-2S43 Piofcssional Prcpeilics of Orono, 2765 Kelley Parkway - PUD Amendment for Wa Sign 6. A^04.3029 Michael Keaveny, 3423/3425 Shoreline Dnve - Commercial Site Plan Review - / Denial Resolution 7. #04-3036 James Brooks, 3735 Watertown Road - Variances - Resolution 8. #04-3038 DaiTcll Andcrson/Bruce Dayton. 900/925/965 Old Long Lake Road - Lot Line Rearrangement - Resolution MAYORyCOL'NCIL REPORT 9 Proclamation - National Manna Day - Resolution PUBLIC SERVICE DIRECTOR’S REPORT 10. Repave Sail/Sand Mixing Area II. Purchase of Public Works Pickup Truck ^ 12. Assessment for CRd^'Brown Road North Sanitary Sewer - Resolution CITY ADMINISTRATOR'S REPORT 13. Purchase of Property at 3422 Lyric Avenue 14. Appoint Election Judges for September 14, 2004 Primaiy Election - Resolution 15. Request for Reassignment to Patrol Officer 16. Accept Resignation of Patrol Officer Jeff Johnson 17. Database Consulting Fee and Budget Adjustment CITY ATTORNEY'S REPORT • 18 LICENSES • 19 DILLS UPCOMING ISSUES AND EVENTS 2004 0$ 09 - Council Work Session. 6 30 p.m 0S''09 - Council Meeting. 7 00 p m OS-10 - Council Work Session, Tuadu}, 5 30 pm. r i \ REQUEST FOR COUNCIL ACTION COMMni, *4cct;)s/q AUG 0 9 2004 Date: August 4,2004 OTV OF OHUVO Item No ^ Department Approval:Administrator Approval: Name: Melanie Curtis Title: City Planner Agenda Section: Zoning Item Description: Sign Permit Request - 2765 Kelley Parkway - Orono Dental Care List of Exhibits: A. 2004 Sign Permit Application & Submitted Materials B. Site Plan Summary Orono Dental Care has requested a sign permit to allow a wall sign on the southeast wall of the Orono Professional Properties building (per the applicant, the plans which indicate the northwest elevation are incorrect). The proposed sign will be in addition to the existing 12’ 8” monument sign which was approved by Council in March of this year. The Development Agreement provides that minor amendments to the approved plan may be referred to the Development Review Committee, which consists of the Planning Director. Public Services Director and the City Planner. Because this is a newly proposed sign, which was not included within the original PUD agreement. Council review is required. Tlie permit application is for a 7’ 11” wide, 6 ’ tall internally illuminated wall sign. The applicant has submitted a color rendering for review. The wall sign along with the existing ground sign will total less than the maximum sign square footage for the B-6 District, which is based on frontage. Options 1. Refer this to the Development Review Committee for final action; or 2. Refer this to Development Review Committee for a recommendation, with Council to take final action; or 3. Advise applicant to make a foraial request for PUD amendment, for Planning Commission and Council review; or 4. Approve the sign permit as proposed. Staff Recommendation Staff recommends the Council approve the sign permit as proposed and direct staff to amend the appropriate attachments to the Development Agreement to reflect this change. A 'O.. O' MM City ofOrono P.O. Box 66 2750 Kelley Parkway Crystal Bay, MN 55323 (952) 249-4600 Date Received For Staff Uit Only •'T' «,'» »« - J .A. .J Permit^ Building Approval; Zoning Approval Zoning Dismct: • F c.:'; /.OF G,:-']K.' CITY OF ORONO- SIGN / GENERAL PERMIT (All permits must be approved by the Buildine Official and the Zoning Dcpartmeni) Job Site/Owner Information Site Address; ?_7^< k^^'i y ^ ^ 2 <?d?/ Cct Pl Owner: ^ Home Phone: voy (iCl^ Mailing Address Work Phone; 9Pv yy y Fvv’v City,State.Zip: _____________________________________ ______ o H. Contractor/Applicant Informarion Contractor/Applicant: State License #; Address: /!^0 ^ Expiration Date: City. State. Zip: SSfi? Contact Person: Business Phone: _____________ Contact Phone: _ Fax: "" ________ Email: ________ylS^Z, Permit Type & Sign Information All work is to be done per UBC Estim^d Cost _$ Sign Altcraiion/Facc Change: * Minimum permit fee * $35.00 Work Intended: Sign Installation: (Check One) Temporary Sign: ___ (Fiat Fee) Dates sign will be displayed: ____to •. I I A r» sign f»l: Sign Face Length: ** Sign Face Width; Tod of Sign to Grade: ^ Distance Materials: Wood ___ Plastic Metal Other: ____ Illumination: External Internal 'V' Indirect ___ Other: Total Square Footage; Distance from bottom of sign to grade: 4* 4-^ Siun #2: Sign Face Length:Sign Face Width:Total Square Footage: Top of Sign to Grade: Maicnals: Wood ___ Illumination External Plastic Distance from bottom of sign to grade: Metal Other; Intel ual Indirect Oihei ^Aucu h aJdittonal sheets tf necessaiy Please Note. A Miiuiesoia State Electrical Pernul is requited if cicctncal work is pioposcd. List Signs to be Removed (if any): Square Footage: _______________ Number of Signs: TEMPORARY SIGNS: • No more than 4 temporary sign permits may be issued per calendar year for not more than 10 consecutive days (including weekends). • No single sign shall exceed 32 square feet. •o%er- All of the information below must be submitted in addition to the completed application form: RF.nillRED SUBMITTALS 1. Drawing of the proposed sign(s), including all of the following: v' Dimensions of Sign Message/Content of Proposed Sign(s) ^ Structural Drawings (including footings) 2. Sketch (or survey) of the site, including ah of the following: North Direction & Scale Street Names / Location of Structures on Amount of the Lot (& Dimensions) Road Frontage Placement of Proposed Sign(s) Existing Sign Inventory (Location & Size of Existing Signs) 78-1466 (8) Tenipotatr signs, a Tlicrc fluU be no more than four temporary business signs issued per calendar >*car. and for a period of not moic than ten da>s per time or oftlK duration of the event promoted by the sign message, whichever is less The sign (including banners or balloons), sign supports or portable stand shall be renxivcd from pubhe view at the end of the period. Total area of the sign shall not exceed 32 square feet per surface (64 square feet total signage allowed for two-sided portable sign) Advertising balloons arc not subject to area rcvtnciicns but mart meet al! applicable federal ond state stnndaids b There shall be no more than one temporary sign m any required yard area, and, if separate muluplc signs ate proposed. Uic total area of the signs shall not exceed 32 square feet. Temporary business signs require a building permit from the city. No such permit shall be issued by the city if a conditional use permit under section 78«I467( l)c has been issued to a residential property No temporary sign shall be allowed in lesidcniial zones unless pcimitted as election or sale signs under this section Muliitcnant buildings shall be considered as a single property for purposes of subsection (8) of this section, and the use of tltc single temporary business sign by tenants on iIk property shall be tlic responsibility of the property owner or designated manager, who slmlt endorse in writing all applications for sign permits. The owner or manager of the sign and tlic owner of the property shall be equally responsible for the proper location, maintenance and removal of the sign All temporary signs shall be located on a property so that they do not impede safety by obstmciing vision of pedestrians or motor vehicle operatots See 78*1468 Sigris in B and 1 distiKis Within the B and I districts, nameplate signs and business signs arc pci nutted subject to the following regulations (1) B* I. B*2 and B-4 sue. Within tlic B* I. B*2 and B-4 districts, tlic aggregate square footage of sign space per lot shall not exceed the sum of one square foot for each front foot of building, plus one iqiuuc foot for each front foot of lot not cKCupicd by a building No »rulivulu.il Sign shall exceed 30 square feet (2) B -3 si/c Witiiin the B*3 district, the aggregate squatc footage of sign space per lot shall not exceed the sum of four square feet per front foot of building, plus one squaie fool per front foot of property not occupied by a building No individi.al sign s;irfacc sh.il! exceed lUO square feet. (3) 1: size Within any ! district, the aggregate square footage of sign space per lot shall not exceed the sum of four square feet per fiont foot of building, plus one square fool per fioni fool of piopcrry not occupied by a building No individual sign surface slwill exceed 100 squat c feet (4) B-l. B-2 and B*4 height Within the R l. R*2 and B-4 distncis, no sign shall extend in height more than two feet above the highest outside wall or parapei of any pctneipal building, nor shall any sgn be Uxated closer than len feel ftem any property line cxeepl Jlui any sign over ten squatc feel nuy piojcct two feet into any tequued yard area from the pi incipal building (3) B*3 and I hcigiM Within any B*3 or I district, no sign shall extend m height mote than six feet in height above the highest outside wall or parapet of any principal building No sign shall be located ctoKr thnn ten feet from any property line, except that any sign exceeding ten square feet may project only two feet into the yard area from any building (Code 1984.5 10 61(3)) Please Note: This is only an application for a permit. Do not erect the sign until you have received the permit. A double fee svill be charged for any sign erected prior to obtaining a permit. Incomplete applications will not be processed. I hereby apply for a Sign Permit and I aekmwledge that the information is complete and accurate; that the work will be done in conformance with the Ordinances and Codes of the City of Orono and with the State Building Code: that I understand this is not a permit and work is not to start without a pennit: and that the work will be in accordafic^vi/t the approved plan Applicant: ______Date: Building Staff Apprtwml; Zoning StafT Approval: 1, - . %• r*' } l’ *1 * • s». • ^ R«Mt Form ■' /< i THE COLORS SHOWN IN THIS DRAWING ARE FOR ILLUSTRATION PURPOSES ONLY AND MAY NOT PE A TRUE REPRESENTATION OF ACTUAL COLORS V * 44 I VV^ifiV rnzrh". 1 l!i i x!.iU-.-4XrT7-i, i xit'-r « ' I •* I ^ 1 *j * jL^ I ^I I ‘tVt I 1III 1 I I I * I * I 1 I r 1 IM 1 i i I I 1 I 1 I IL f * , j ' j * 1 i'll 'i t I I mi feij » * iii *■ V l#ll NORTH WEST ELEVATION 1/6" = r-0" CHANNEL LETTERS FACE - WHITE TRIM - WHITE RETURNS - SLACK RACEWAY * SLACK NEON - RED LOGO SOX TRIM-WHITE SURGUNDY FACE WITH WHITE COPY LOGO SOX (0) TRIM - WHITE FACE - WHITE RETURNS - SLACK NEON - WHITE TYPICAL RACEWAY MOUNT CHAMHIEL LETTER SECTION OETAIL KMTMT«MH««ltO. wnHSucoM CMAINrtllCmN — ntctmmcA0^ uroMwaM - ■COM tTAMOOPf — ncctwo wf •iffMt TO ^ MM taMMlON MNli CUSTOMER ORUNO Pt.NlAl CAKF CITY OPONO STATE MN DRAWN BY DARKEN FILE NAME jr-OOtOG5 SALES REP. JERKY I SCALE 1/4 ’ r-0" MIX AfflOWSl Of TM6 0RAW*I61 Mt« BY OIVE SCHAO IRAa aGM6 PEKM5&I0N 10 BEOW fWWUCnON Of THE SIGNAGE EIU5TRA.TE0 IN IMS DOCIACNI I AGREE THAI AL tW f/ECFICAnOMb. 6«IUNG. CaORS W« EUVMOI& UbTlP W TM5 ORAIMNO ARE CORRECT AND AITROllEO ANY CHANGES TO MS ORAMNG AFTER fROOUCTION HASSWRIEOMU RESULT RAtWIIWNAOTARGES CUSTOMER APPROVAL ________OAII_______ JTVMINNESOIAAVl N. po.eoxw ORONCKO. MN »»*0 PHONE/MJ7-H/ .?6»l UX/WWMf THIS DRAWING IS THE PROPERTY OF MOE QirFRD BUtNSVIUE. MN phone /ni-AH-MZI fAX/f»24M-2/M |ORIC. I>ATE Oi>l?AIOA REV. DATE (X/IVilOA j | REVISION O FONTS USED: IMPORTED IMAGI CTirOTTSl I >»■»■»»<# •««• • »»»*'— • _ *••«••< •« !■■» »» »«Mt •• rM**- » *Mir *4 '449 t Mk/t WVMM14^ <»«■■» f ■« ••» W " ■■ »* <*• l» «—H •»«V>•»•««> M(«i*% •»<>••• BM« at •«*M« •!■•»« »«a>4> •• •«<«•«•> <«.<•<# •' •»«•• •«• tea •»'• «tea»te4 • • te» «■••• a# » tete »te >■ ■■»»» •«■ i^t M (T.m«< ate>»-»« tewa t te ••«•««>• M M •«» W4 • •*».*•• !>«*• aaaa** M* te« MXM *«• • »«•■« aMOT >«—»«■ fmtt m m *ri^ •** f r ••» m^m —m>m mm onM «M« • « »mW tm • • «* «M #w«i IM*« • •« ■«•*•* aiai —I* •• WWai • %a >1 Mate Itetete «M '•mm m —•• ■ •—«4 1* M a>> •■• tea taaif-a ««a »•••« •»- —•• • •m-•'«•• rnm^m m m m»m mm (M»< •*•«>«• M mmtmm »« »teA« t te < «M a* «4'<« • »«Pi* *"i •« •»»<• a«a*a-a aa4 mm Mt *«:a« • MMa* M M •Jka •«« t r;'\-»»t tmm-mimmt tmmm m mmmt 0 mrnwm m mmmm mm mm mm mmm IT.^ IMN* tmm m*m iur/u»)nNC suywARY Vf < w »*»Mi 9%»» ^ •« »<i mm ii%tJ !#• •Ml i%Mi • mm %m m taikutk nxjuukHJtOKmmmam M mm w>m9 m m^m iMCsajiLs*w «• |CA4* M nn shea L J mrnfrnmmm mmmm mm^m.rn umtm f inmnu ataaaaM tint OROHO PfVflSSHm DirtR ptt^feUf ounAiciMC OnOM) UN LANDFORM thMiMt RMilMNMIV yrtPLui •^1 r-M m________tt mm_______S! til__________WHI N.. jm .,J*—••L » •m I •.« C2.1 Date Application Received: 6-9-04 Date Application Considered as Complete: 6-23-04 60-Day Review Period Expires: 8-22-04 COltMr'ff 0 9 2004 ciTy OF orono REQUEST FOR COUNCIL ACTION Date: August 3, 2004 Item No.: CV Department Approval:Administrator Approval: Name: Janice Gundlachjb Title: Citv Planner Agenda Section: Zoning Item Description: #04-3029, Michael Keaveny, 3423/3425 Shoreline Drive Commercial Site Plan Review - Denial Resolution Zoning District: Lot Area: Lot Width: B - 1, Retail Sales Business District (20,000 s.f. minimum) 1.58 acres (68,897 s.f.) 529 feet List of Exhibits A - Resolution per Planning Commission Recommendation B - Draft PC Minutes from the 7-19-04 Meeting C - PC Action Notice 7-20-04 D - PC Memo and Exhibits of 7-9-04 ipplication Summary: The applicant has submitted an application for a commercial site plan review in order to conduct improvements to the existing building. As per City Code Section 78-642 any application for a commercial building permit prompts a site review by the Planning Commission and City Council. The applicant has requested the following: 1) Commercial site plan review in order to obtain a building permit to construct a new entrance at the rear of the building and to convert an existing garage area into a game room (Section 78-642). 2) Hardcover variance to allow 90% hardcover on the site. The improvements associated with this application will not increase the hardcover above what currently exists (Section 78-1288). 3) Structural coverage variance to allow 23% structural coverage when 15% is allowed and 20% currently exists. It is not unusual for commercial properties to require a variance to this requirement, and variances have been approved for structural coverage at 16% to 26% in the past (Section 78-1403). 4) A parking stall variance to allow 104 parking stalls when 133 stalls are required and 72 stalls currently exist (Section 78-1516). 5) Parking setback variance to allow the existing gravel lot (to be converted to formalized paved parking) to maintain a 10’ front yard setback from Shoreline Drive (Co. Rd. 15) when 20’ is normally required (Section 78-646 (c))._________ ■ i Planning Commission Recommendation The Planning Commission, at their July 19,2004 meeting, voted 7-0 to deny the applicants request due to the proposed new use not being a permitted, conditional, or accessory use within the B - 1 zoning district, and also based on not wanting to allow expansion of the existing non-conforming bowling alley use. Staff Recommendation Uphold the Planning Commission recommendation and approve the attached denial resolution. COUNCIL ACTION REQl TESTED Adopt the attached Resolution denying a commercial site plan review for 3423/3425 Shoreline Drive. L TI EXHIBIT A A RESOLUTION DENYING VARIANCES AND AN AMENDMENT TO THE B ZONING DISTRICT STANDARDS ALL IN CONJUNCTION WITH A COMMERCIAL SITE PLAN REVIEW TO MUNICIPAL ZONING CODE SECTIONS 78-642,78-643-645,78-646 (C), 78-1288 (B), 78-1403, AND 78-1516 FILE NO. 04-3029 -I WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, pursuant to State Statutes 412 et. Seq. and 462 et. Seq., the City Council of the City of Orono has adopted zoning regulations for the protection of the public health, safety and general welfare; and WHEREAS, Michael Keaveny on behalf of Richard M. Keaveny Rev. Trust, (hereinafter “the applicant”) is die owner of the property located at 3423/3425 Shoreline Drive within die City of Orono (hereinafter the “City ”) and legally described as follows; Lots 1 and 2, Block 2, KEAVENY ADDITION, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota (hereinafter the “property”); and WHEREAS, the applicant has applied to the City of Orono for variances and an amendment to the B - 1 zoning district standards all in conjunction with a commercial site plan review in order to construct an addition measuring 16’ x 132’ for an entrance onto the south facade of the existing building and also to permit construction of a game room in the existing vacant garage stalls connecting to the existing bowling alley, requesting the following approvals: 1.Sections 78-643-645: To operate a game room out of the existing vacant garage stalls. Page 1 of 4 i 2. 6. Section 78-642: Commercial site plan approval for a building permit to allow construction of a 16’ x 132 ’ addition to the south fa9ade of the existing building, expanding the current building footprint, and interior remodeling to covert the existing vacant garage stalls into a game room. Section 78-1288 (B): Variance to permit 90% hardcover within 1000’ of Lake Minnetonka when 25% hardcover is permitted in the 75 ’ - 250 ’ zone, 30% in Uie 250 ’ - 500 ’ zone and 35% in the 500 ’ - 1000’ zone. Section 78-1403: Variance to permit 23% Lot Coverage by Structures when 15% is normally permitted and 20% currently exists. Section 78-646 (C): Variance to permit a front yard setback for parking of 10 feet from Shoreline Drive where 20 feet is normally required. Section 78-1516: Variance to parking stall requirement where City Ordinance would require 133 stalls and only 104 stalls are proposed. WHEREAS, the City Council has reviewed the application; the recommendation of the City staff and Planning Commission; and the comments and written statements submitted by the applicant. NOW, THEREFORE BE IT RESOLVED that the City Council of Orono, Minnesota hereby denies tlie requested commercial site plan review with associated variances and an amendment to the B - 1 zoning district standards as described above based on one or more of the following findings of fact concerning this property: 1.The proposed game room use is not permitted under the permitted, conditional, or accessory uses sections of the B - 1, Retail Sales Business District; an amendment to the B - 1 standards, which is not supported by the Planning Commission or City Council, would be required in order to permit the game room. 2. The proposed addition, measuring 16’ x 132 ’, would constitute an expansion of the existing non-conforming use, which is the bowling alley. 3. The property is in close proximity to the residential neighborhood to the south. The proposed addition and entrance to the proposed game room would Page 2 of 4 r have directly abutted the adjacent residential neighborhood and would potentially have created negative impacts to the neighbornood. 4. The granting of the requested variances would be contrary to the provisions of Municipal Zone Code Section 78*123 with which the applicant must first comply in order that variances arc granted. Tbe Council finds that: a. The property in question can be put to a reasonable use if used under the conditions allowed by the official controls if the proposed variances were not granted. b. The plight of the landowner was created by the landowner, in that the need for parking variances is directly related to the proposed use of the site. c. Granting of commercial site plan approval, associated variances, and amendment to the B - 1 zoning district standards would appear to serve as a convenience to the applicant and the applicant has not demonstrated sufficient reasonable hardships or practical difficulties acceptable to the City Council. d. The conditions of the Zoning Code limits imposed and existing on this property generally apply to all other land and structures in the zoning di.strict in which this property is located. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed commercial site plan review and associated variances on the health, safety and welfare of the community. Adopted by the Orono City Council on the 9'*’ day of August, 2004. 5. ATIIiST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Page 3 of 4 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of 2004 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 _______, 2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 4 .al- OF THE ORONO PLANNING COMMISSION MEETING MONDAY, JULY 19,2004 6:00 o’clock p.m. submitted hardcover calculations reflect this deck portion. Mr. Sequira indicated that the hardcover calculations do include this deck area, and referred to Exhibit E. for clarification. There followed a discussion that clarified exactly what hardcover calculations had been approved in 1992 and what was included or excluded from the 2004 hardcover calculations. Chair Rahn summarized that the rebuilding of the existing deck has no further encroachment into the 0*75’ setback. Chair Rahn asked for public comments. There were none. Jurgens asked for further clarification of the proposed hardcover calculations, referring to Page 3 of the June 15. 2004 Staff Report. Chair Rahn requested the record to indicate that the hardcover calculation increa.se from 11.1% to 13.2% re.sults from the allowed path/access to the lake and not from any additional deck hardcover. Bremer moved, Kempf seconded, to recommend approval of Application ^04-3026, David Pomije, 801 Tonkawa Road, granting after-the-fact lake setback and 0-75’ hardcover variances in order to reconstruct (and reconfigure) a deck, consisting of the following: a. Hardcover w ithin 0-75’ of 11% or 3,464.3 s.f. b. Lake set back variance to allow a deck setback of 39’ where 75 ’ is required and 49’ currently exists (house). c. Bluff impact zone encroachment of 25 ’. VOTE: Ayes 7, Nays 0. NEW BUSINESS 6. #04-3029 MICHAEL KEAVENY, 3423/3425 SHORELINE DRIVE, COMMERCIAL SITE PLAN REVIEW, PUBLIC HEARING (6:29-6:45 p.m.) Michael Keaveny, applicant, was present. .. \ Page 6 of 18 4 , \ MINUTES OF THE ORONO PLANNING COMMISSION MEETING MONDAY, JULY 19,2004 6:00 o’clock p.m. Gundlach introduced the application for commercial site plan review in order to conduct improvements to the existing building. The applicant requested the following: 1) Commercial site plan review in order to obtain a building permit to construct a new entrance at the rear of the building and to convert an existing garage area into a game room (Section 78-642). 2) Hardcover variance to allow 90% hardcover on the site. The improvements associated with this application will not increase the hardcover above what currently exists (Section 78-1288). 3) Structural coverage variance to allow 23% structural coverage when 15% is allowed and 20% currently exists. It is not unusual for commercial properties to require a variance to this requirement, and variances have been approved for structural coverage at 16% to 26% in the past (Section 78-1403). 4) A parking stall variance to allow 104 parking stalls when 133 stalls are required and 72 stalls currently exist (Section 78-1516). 5) Parking setback variance to allow the existing gravel lot (to be converted to formalized paved parking) to maintain a 10’ front yard setback from Shoreline Drive (Co. Rd. 15) when 20 ’ is normally required (Section 78-646 (c)). Gundlach referred to significant points in the Background (Page 2) and Issues for Discussion (Pages 2- 3) of the July 19, 2004 Staff Report. She emphasized there were a number of issues with the application beyond the structural coverage, parking and hardcover. These issues pertain specifically to the uses existing and proposed and whether those uses, such as a game room, are permitted under the current Zoning Ordinance. Gundlach recommended it should be first determined whether the uses should be permitted prior to further consideration of structural or hardcover requirements. Also, if the proposed addition is an expansion of an existing non-conforming use. Mr. Keaveny corrected staff s introduction of his application by explaining that he did not plan to remove beams along one main wall of the building or opening up an interior area. He stated there were no plans to change the existing building except for the one door that goes into the crib. Page 7 of 18 .'-i ( 1 MINUTES OF THE ORONO PLANNING COMMISSION MEETING MONDAY, JULY 19,2004 6:00 o’clock p.m. Berg asked about a potential loss of parking spaces. Gundlach replied the applicant indicated he was willing to shorten the addition to 14’ to save parking spaces. Mr. Keaveny stated he had no problem w’ith shortening the addition to 14’. Chair Rahn asked for any public comments. Austin Evans, 2497 Kelly Avenue, identified himself as the representative of Neighbors for a Better Navarre. Mr. Evans stated their group’s intent is to expand its representation with more people from Navarre. He referred to the Issues for Consideration, itemized in the July 19,2004 Staff Report, citing Issue #2 which points out the game room proposed is not a permitted, accessory or conditional use within the B-l zoning district or in any other zoning district tluoughout the City. Mr. Evans summarized that the games use should not be in a B-l District and if allowed by Ordinance, it should be in a sepaate district. Mr. Evans referred to Issue #3, asking if the games room use is one deemed similar to the permitted uses in a B-l retail sales business district. He quoted from Section 78-643 of the Zoning Ordinance for use permitted, such as neighborhood retail sal and commodities, neighborhood service business. He stated tliat a games room does not come within the existing Ordinance definitions. It is entertainment different enough to require its own criteria. Mr. Evans pointed out the subject property is as close to the residential neighborhood as the distance between a pitcher’s mound and home plate. Referring to Issue //I, Mr. Evans asked how the bowling alley could still be a non-conforming use since it had been closed for over one year. He suggested that there an effort is underway with the City Council to find a non-conforming use that would be feasible on the site, noting the staff s statement about the applicant working with the City to develop a plan for the use of the property and based on his attendance at city meetings. Citing from paragraph 1, on page 3, under Issue #1, Mr. Evans asked what is ‘strict enforcement of this section’ (of City Code), indicating he believed a use either is or is not a legal non-conforming use. He concluded that the bowling alley is no longer a permitted, legal non-conforming use as it has been closed for over one year and the Code does not allow for exceptions. r Page 8 of 18 MINUTES OF THE ORONO PLANNING COMMISSION MEETING MONDAY. JULY 19,2004 6:00 o’clock p.m. Mr. Evans read into the record from Section 7871 of Orono’s Zoning Code, Item #8, emphasizing language regarding allowing no expansion or intensification of a non-conforming use. Mr. Evans observed that the notice posted by the City regarding the planning application is not visible to the public road but to read it one must go over private property to see it. He asked the City and its staff to review the matter of assuring the posted notices are visible to the public. Finally, on behalf of Neighbors for a Better Navarre. Mr Evans requested the Zoning Ordinance be enforced. He advised their organization feels strongly that the City should develop a short-term and a long-term plan for Navarre, and during the plan preparation, a moratorium should be placed on all planning applications. Councilmember Sansevere responded to Mr. Evans reference regarding Mr. Keaveny working with the City Council, and as a member of the City Council, Sansevere stated he had no knowledge of the City Council working with Mr. Keaveny. Mr. Evans apologized and clarified that he meant to refer to the City, not specifically to the City Council, Mr. Keaveny explained he would be increasing green spaces and was trying to improve the building appearance and to make the building more user friendly to the bowlers. His plans are only to improve the entry, stairs, repair crumbling walls emd a retaining wall, all to make the building a nicer, neater place. Mr. Keaveny commented he may need other things along with the bowling and pinball machines. Kempf asked Mr. Keaveny specifically what is a game room. Mr. Keaveny responded that the game room could have video games, electronic games or a pool table. Gundlach referred to the legal issue of trying to close a non-conforming use and the City was unable to legally close the non-conforming use. She indicated staff was advised that since Mr. Keaveny had been working with staff, i.e. the City no efforts should be taken at this time to close the non- conforming use. MINUTES OF THE ORONO PLANNING COMMISSION MEETING MONDAY, JULY 19,2004 6:00 o’clock p.m. Chair Rahn recommended concentrating on the issue of the non-conforming use. He observed that the application is showing an additional 2000 s.f. which is an expansion of use, and he was not in favor on supporting a use expansion nor supporting a Zoning Code change for permitting a games room in B-1. Chair Rahn concluded that any expansion of a non-conforming use is against the Zoning Code. Bremer remarked that she appreciated Mr. Keaveny’s efforts to improve the building appearances. Leslie observed that the fundament issue is how to make the bowling alley a feasible business at its current location, and that it may not be feasible there. Berg indicated she did not support any effort to rezonc the location to allow the games room use Mr. Evans reiterated the position of Neighbors for a Better Navarre that the bowling alley is no longer a non-conforming use as it has been closed for over one year. He advised their group will consult with their attorney for possible future action. Leslie moved, Fritzler seconded, to recommend denial of Application ^04-3029, Michael Kcaveny, 3423/3425 Shoreline Drive, for a commercial site plan review with variances in order to conduct improvements to the existing building. VOTE: Ayes 7, Nays 0. 7. «04-3030 MARTHA A.L. SPENCER, 1005 WILLOW DRIVE SOUTH, VARI.ANCE, PUBLIC HEARING (6:45-6:50 p.m.) Craig Lagorio, JLM Dcsign/Build, 7155 Cahill Road, Edina, representing the applicant, was present. Curtis introduced the applicant’s request for a lake setback variance to allow grade level decks within 150 ’ of the OH WL on French Lake, a natural environment lake, and a hardcover variance within the 0-75 ’ setback zone in order to construct lakeside decks over existing patios. She recommended approval of the variances as requested as the existing home is located entirely within the required 150’ lake setback and half is located within 75’ of the OHWL, with the stipulation that the applicant remove all fabric and plastic liners on the property. Page 10 of 18 I I > »! EXHIBIT C CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 ZONING FILE: 04-3029 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: July 20,2004 TO: Michael Keaveny COPIES: Paul Ode 13425 Highway 5 5040 Enchanted Road Young America, MN 55397 Mound, MN 55364 TYPE OF APPLICATION:Commercial Site Plan Review DATE OF MEETING: July 19,2004 Planning Commission recommended as follows: Denial of the request to construct an addition to the south side of the building as it would be an expansion of a non-conforming use. Also, denial of the request to operate a game room out of the existing vacant garage stalls as a game room type use is not a permitted, conditional, or accessory use within the B - 1, Retail Sales Business District. VOTE:FOR against Applicant ’s next scheduled meeting is confirmed as: City Council - Monday, August 9,2004; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission or Council minutes, they are available from the City Recorder after review and approval by the Planning Commission or Council. If you have questions, please call City Planner Janice Gundlach at 952-249-4623. EXHIBIT D File ^#04-3029 July 19,2004 Page 1 of 4 Date Application Received: 6-9-04 Date Application Considered as Complete: 6-23-04 60-Day Review Period Expires: 8-22-04 To:Chair Rahn and Planning Commission Members Ron Moorse, City Administrator From:Janice Gundlach, City Planner,-r^- Date:Julv 9, 2004 Subject:04-i029, Michael Keaveny, 3423/3425 Shoreline Drive - Conmiercial Site Plan Review with Variances - Public Hearing Zoning District: Lot Area: Frontage: B-1. Retail Sales Business District 1.58 acres (68.897 s.f.) 529 feet Application Summary: The applicant has submitted an application for a commercial site plan review in order to conduct improvements to the e.xisting building. As per City Code Section 78-642 any application for a commercial building permit prompts a site review by the Planning Commission and City Council. The applicant has requested the following; 1) Commercial site plan review in order to obtain a building permit to construct a new entrance at the rear of the building and to convert an existing garage area into a game room (Section 78-642). 2) Hardcover variance to allow 90% hardcover on the site. The improvements associated with this application will not increase the hardcover above what currently exists (Section 78-1288). 3) Structural coverage variance to allow 23% structural coverage when 15% is allow'ed and 20% currently exists. It is not unusual for commercial properties to require a variance to this requirement, and variances have been approved for structural coverage at 16% to 26% in the past (Section 78-1403). 4) A parking stall variance to allow 104 parking stalls when 133 stalls arc required and 72 stalls currently exist (Section 78-1516). 5) Parking setback variance to allow the existing gravel lot (to be converted to formalized paved parking) to maintain a 10‘ front yard setback from Shoreline Drive (Co. Rd. 15) when 20 ’ is normally required (Section 78-646 (c)). List of Exhibits Exhibit A - Application Exhibit B - Existing and Proposed Site Plan Exhibit C - Proposed Elevations & Floor Plans Exhibit D - Lot Analysis Worksheet Exhibit E - Structural Coverage Analysis lo llTI'faiTintf I rii r File «l04-3029 July 19,2004 Page 2 of 4 Exhibit F - Exhibit G - Exhibit H - Exhibit I - Exhibit J - Exhibit K - Exhibit L - Exhibit M • Hardcover Analysis - Parking Analysis - Section 78-71 Non-Confomiing Uses List of Permitted, Conditional & Accessory B - 1 Uses Denial Resolution from CUP Request 4-26-04 - Photographs - Property Owner’s List - Plat Map Background The applicant previously applied for a conditional use permit and commercial site plan review in early 2004 in order to convert the existing vacant garage stalls into a restaurant with liquor use. That request was denied on 4-26-04 and the resolution is attached as Exhibit J. The applicant is now proposing to construct a new entrance along the south wall of the building. Included with that request are plans to convert the existing vacant garage stalls into a game room with a connection to the existing bowling alley. The applicant has stated that serving liquor is not part of this proposal. The new entrance is proposed at 16’ X 132’ or 2,026 square feet (minus existing bump out). Several doors are proposed from the entrance to the proposed game room, existing bowling alley, and lounge area known as The Crib. The applicant has proposed to remove the existing wall of the western 88’ of the proposed entrance and install beams to support the upper level. This new space will provide area for coats, shoes, and potentially lockers and be open to the existing bowling alley and lounge area. It is unclear if the existing lounge will be maintained under this new use or if the wall separating it from the bowling alley will be removed. The applicant is also proposing to construct a new staircase connecting the upper level parking lot to the lower level parking lot. This staircase is proposed to replace the existing staircase that runs along the eastern building wall. The applicant will replace the existing retaining walls at a later date, which will not require a building permit as they do not exceed 4 feet in height and will be constructed in the same location as the existing retaining wall system. Because the retaining walls do not require a building permit they have not been included in this commercial site plan review. Issues for Discussion There are a number of issues with the application beyond structural coverage, parking and hardcover. These issues pertain specifically to the uses existing and proposed and whether those uses are permitted under the current Zoning Ordinance. The structural coverage and hardcover requirements should weigh in on any decisions of what should be permitted on site, however, the Planning Commission and Council should determine whether the uses should be permitted first and foremost. The following must be considered when determining what uses should be allowed: 1. The bowling alley is currently a legal non-conforming use. The Code of 1968 listed a bowling alley as a permitted use and Navarre Lanes was created during i File M4-3029 July 19, 2004 Page 3 of 4 this Code. The current code, adopted in 1975, omits bowling alley and any entertainnjent type use as a permitted use within the B - 1 zoning district or any other zoning district within the City. Therefore, Navarre Lanes has to be reviewed under the standards of Section 78-71 which is the Nonconforming Uses language attached as Exhibit H. It should be noted that #5 of this section states that if a use is discontinued for more than 12 months the future operation of that use must be in a conforming manner. The existing bowling alley has not been open for business for more than 12 months However, because the applicant has been working with the City to develop a plan for the use of this property, strict enforcement of this section w-ould not be supported by the legal system. The game room proposed is not a permitted, accessory or conditional use within the B - 1 zoning district or in any other zoning district tliroughout the City (sec attached Exhibit I). To allow the applicant to proceed with construction of a game room would be in violation of the uses section of the B - 1 zoning district. A Zoning Code amendment would be required to permit this use. It should be noted that the B - 1, Retail Sales Business District is the most leniently regulated district meaning the higher intensity uses would be permitted in the B - 1 district. This may weight on any decisions to amend the Zoning Ordinance to permit cntcrtaiiunent oriented uses. 3. The existing B - 1 zoning district states the following: “Within any B-1 retail sales business district, no structure or land shall be used except for one of the following uses or uses deemed similar bv the council...“ The Flaiming Commission should discuss the statement regarding “...or uses deemed similar by the council...” to determine if the game room could be permitted without undergoing a Zoning Code amendment. The list of uses permitted in the B - 1 zoning district is attached to this report for your reference. 4.Because Navane Lanes is a legal non-conforming use it can only expand in conforming w'ays. The proposed addition could be viewed as an expansion of a non-conforming use because an interior wall is being removed and access will exist to the bowling alley from the addition. It could also be argued that because the addition itself (its specific floor plan) is not a non-conforming use (bowling alley) that it is a legal expansion. The Plarming Commission should come to a consensus on whether the addition is an expansion of a non-conforming use or if the addition is merely a permitted accessory use to the existing non-conforming bowling alley. 5. The applicant has stated that liquor will not be a part of this proposal. If and when it becomes necessary it is anticipated that the City Council would undergo the steps necessary to rescind the 3.2% license that was previously approved and I I tifftih File M4-3029 July 19,2004 Page 4 of 4 not renew the set-up license that currently exists. Staff Recommendation Determine if the proposed game room is a use that should be permitted by Orono ’s Code of Ordinances. Also, determine if the proposed addition is an expansion of a non- conforming use. If it is determine that the uses proposed should be permitted, examine the structural coverage, hardcover, and parking variances that would be required to be approved to allow tlie applicant ’s proposal to proceed to the City Council. F EXHIBIT A Application# 9V Date Received C/<f/c <■/ Amount Paid CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address ^^^'3 :d'vic iT '^**1 ^ Type of Application to be Filed ------- Property Identification Number (P.I.D.) APPLICANT . : Name . "?/L-^e.U c^tC i ^ t—— >• Phone (home)'"Phonefwork) v ~~ <'4^z — y / / Address / •>" ~_____________City Zip OWNER (if different than applicant) Name Phone (home). Address Phone (work) _ City______ Date Property Acquired Z'P. I (do) (do not) also own the adjacent parcels of land. (month/year) FEES - CONDITIONAL USE PERMITS - $600.00 Residential Accessory Use $600.00 Institutional (church, school, etc.) $600.00 Guest House/Guest Apartments $600.00 Duplex Credit/Bldg $600.00 Commercial/Industrial Use $600.00 Land Alteration + Permit ____ Grading and filling - designated wetland or fioodplain _____Grading and filling - 501 cu. yd. or more _____ Grading, seawall, retaining walls within 75' of lakeshoro PRD/PID - see Fee Schedule $250.00 Renewal Fee (no change from original application) After-the-Fact Fee - Double Current Application Fee OTHER APPLICATIONS )C $600.00 Commercial Site Plan Review (+ consultant fees) _______$600.00 Vacation ______$600.00 Easement Vacation _______$100.00 Easement Vacation With Subdivision _______$600.00 Rezoning (PUD - refer to fee schedule) ______$600.00 Comprehensive Plan Amendment ______$100.00 Appeals Other - see Fee Schedule oo REQUIRED SUBMITTALS 1. 2. 3. 4. 5. 6. 7. Completed Application Form. Describe request in detail. Certified Property Owners List of owners within 350' of the subject property, labels and plat map. List, labels and map may be obtained from Hen.nepin County Department of Finance. Government Center. A-603 300 South 6’'” Street. Minneapolis, telephone 612-348-5910). Certificate of Survey (signed by a licensed surveyor) - refer to handout for survey information. .Attach legal description to application if not included on required survey. ’Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). 8. 9. .^List of the legal names (include miantal status) of all persons with an interest in ’the property. This would include name(s) of appiicant(s) if not current owner(s). .Construction plan, if applicable (see staff for requirements). "As an addendum to this application, please attach a separate list of any other persons you wish notified of this application YOU ARE REQUIRED TO SUPPLY 3 COPIES OF LARGE DOCUMENTS AND 1 COPY FOR REPRODUCTION (11" X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require scaled drawings of all docum.ents. plans, etc. to be submitted.) The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff:_____________________________Date________ APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to tl;ie best of his/her knowledge. Applicant's signature Date 6AAff- y ^----------------- OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. Owner's signatuce.^^------------------------------------------- Applicant must have all submittals into the CiV^ces-25 days before tjjj^lanning Commiss cn Veeting Planning Commission Meetings are held on me third Monday of each month. Applicants must be present at ail scheduled review meetngs of the Planning Co- imission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authonzed agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. p a t - •• V--’ ff il O S'iff EXHIBIT B ilTF fLAM NO. w»_ **CoNC ,^?, pOltMTIftL A1>-LA 10 (ONVCCT 1^'. GBAtH \ I OH TOTAL PWINI6 <3'TAUU5> P/2-f)\/iDLD pgo PC RTY PAK.Y fi3^' Sl&A ^mAsi il •♦•'' r t.t» »W* ^ • . •♦ * •.*w- I iar«s&fc . •y^nrx^^i ' M’^r'it.{a*rar?fgr>-.zj,Jb-; WfMJce ) t)OVOUfJ<3) PtJu&i ^ (EM1EW W OF 1%’ r" S fi^'» >',■- ■» *’'■ .•,-*■•■ ' li* *■■.*• * i •;.?iS^«r^‘;- ;-l ^.5.' '■ ' ■" “■ r , . ■' •■ \ *♦ .} ■.u-' ^*■ j V- - - 't aev^^lo^J View/ op ^1BW iwPiASB' • g: y\ "X fL'^ AnJD Ar<?PlTlC?»^ r ^uttr --------------------------; . • — » / h* 1 '. / »- 1 1 \ /,1 n ? tOu> -it • MIfc • ••••►• / 0 W’-o' 1 t r• ( ^ 0 j 1 1 i, \ \ \IV • i FP .. ^ j t —-K i'f f-y. MC,- wrDufPtP. Lfe\/fc.L FLooP- p(,AW OP ^6W ;iife-4^0 A O A r— I. exhibit d LOT ANALYSIS WORSHEET B-1 Required Existing Proposed Front (street)35’57.5 ’NO CHANGE Rear (R-District)35’80’71’ East Side (street)35’123’NO CHANGE Right Side (B District)15’0’NO CHANGE The applicant ’s proposed entrance addition meets all building setback requirements of the B - 1 zoning district. Parking Setbacks Yard Required Parking Setback Proposed Gravel Lot Existing Lower Lot E.xisting Front Lot Front (Shoreline Drive)20’10*150’O’ Side (Kelly Avenue)10’10’85 ’123 ’ Side (B-1 Properly)0’190*3’0’ (shared) Rear (Residential Property) 10’80’10’167 ’ I ft’TMi rtii lillTrtiii 1 EXHIBIT E Structural Coverage Total Lot Area Total Structural Coverage 68,897 s.f. (1.58 acres)Allowed; 10,335 s f. (15%) Existing: 13,715.22 s.f (20%) Proposed: 15.741.62 s.f (23%) Section 78-1403 of the Zoning Ordinance requires that all properties in all 2oning districts be subject to 15% maximum structural coverage. The applicant is proposing a 16’ X 132’ (2,026 s.f. minus existing bump out) entrance along the southern fa9ade of the building. The applicant has stated that the entrance is proposed to help control heating and cooling costs and to provide safer and more inviting entrances to the building. The entrance addition will provide an area for storage of coats and shoes and may contain locker facilities. The entrance is proposed at 2,026 square feet (16’ x 132' minus existing 10’ x 8’ bump out). This is an addition of 3% of structure on-site bringing the property from 20% to 23% total structural coverage. HARDSHIP It isn ’t out of the ordinary for staictural coverage variances to be granted for commercial properties. In fact, variances in the past have been granted to allow for up to 20% or 30% for commercial properties. For example, the Service 800 building on Highway 12 had a structural coverage variance to allow 26.1%. The Zoning Ordinance doesn ’t allow for any exceptions for commercial properties however, commercial properties are not seen as critical as residential properties with relation to the 15% maximum. This requirement is a density issue and commercial properties are generally viewed as more dense, as their lot area and setback requirements are less strict as residential properties. The reasonableness of commercial properties having to meet this requirement, the impacts of the proposed entrance, and the benefits and/or disadvantages of the entrance should be discussed in determining whether a variance should be considered for this proposal. EXHIBIT F Hardcover Total Area of ProDcrtv Allowed Hardcover Existing Hardcover Proposed Hardcover 68,897 s.f 24,114 s.f (30%; 250’- 500’ zone, 35%: 500’- 1000’ zone) 62,106 s.f.* (90%) 62,106 s.f. (90%) NO CHANGES PROPOSED Because the applicant is proposing site improvements associated with the commercial site plan review a hardcover analysis'^is required. The hardcover was figured for the entire site rather than zones due to the commercial nature of the property and the amount of hardcover that currently exists. The proposal doesn’t include ary new hardcover. The major changes that should be noted is the 16’ x 132’ proposed entrance and the existing upper gravel area being figured as hardcover as it is needed to meet parking requirements The non-hardcover areas of the site are a small area of grass along the southern boundary of the site facing residential property and a smaller, un-kept landscape area between the retaining walls separating the lower parking lot from the upper paiking lot. The proposed hardcover breakdown is as follows; BUILDING !11,032 s.f PROPOSED ENTRANCE ADDITION 2,026 s.f LOWER LEVEL GARAGE 2,671 s.f BITUMINOUS PARKING AREA 31,350 s.f. CONCRETE WALLS 2,811 s.f GRAVEL PARKING AREA 11.391 s.f RETAINING WALLS 825 s.f TOTAL 90% HARDSHIP The nature of this particular property is retail establisliments at the front of the building and entertainment oriented businesses (Navarre Lanes/The Crib/Proposed Game Room) at the rear of the building. The grade changes between the rear and front of the building are quite drastic and cause the need for a stairway system and retaining walls. Parking also needs to be accommodated at the front and rear further lessening potential areas for green space, all of which are hardships which have caused the existing 90% hardcover percentage. The existing gravel parking area in the northeast corner of the site is the site of an old gas station and has been the subject of past actions by the Pollution Control Agency in order to clean the site. Those actions have since been closed and there are no current environmental issues associated with the gravel area. This brings the potential for added green space. The applicant has proposed a par ’xing plan for the lot which was reviewed as part of the proposed restaurant. The Planning Commission previously required 10’ of green space to be implemented along Kelly Avenue and 10’ of green space along Shoreline (only at the gravel parking area). The applicant has agreed to this plan and it is shown in Exhibit B. The grassed area along the southern border would remain grassed and the area between the two retaining walls could be better maintained and further vegetated with shrubs, which would be handled at the time the applicant replaced the retaining walls. Staff doesn’t see any other opportunities for further hardcover removals without having severe parking impacts. tL , 1 III EXHIBIT G Parking Analysis Staff, along with the applicant, reviewed the site to determine the current and proposed uses and the amount of parking those uses demand. The City then determined how many spaces would be required in E'cordance with the Zoning Ordinance and also the amount of spaces required in accordance with two separate published parking studies. The reason tlie City reviewed these parking studies was to determine how the City’s requirements compare to what may be considered adequate parking, and because the parking studies gave more detailed parking ratios. The following is list of the uses and their square footages. and the amount of parking required; USES Retail; Champion Auto - 6,912 s.f. Post Office - 200 s.f. Liquor Store - 1,368 s.f Bowling Alley - 10 lanes at 5,225 s.f. Proposed Game Room - 1,890 s.f Lounge (know'n as The Crib) - 535 s.f PARKING REQUIRED BY ZONING ORDINANCE Retail; 1/150 s.f = 56 spaces Game Room; 10 + 1/300 s.f of floor area in ex'-ess of 2,000 s.f = 10 spaces Lounge; 1/80 s.f = 7 spaces Bowling Alley; 6 spaces/lane = 60 spaces TOTAL = 133 required spaces 1992 STUDY CONDUCTED BY THE PARKING CONSULTANTS COUNCIL Retail; Auto Parts Store (Champion); 2.5/1000 s.f = 17 Post Office; 3.3/1000 s.f = 1 Liquor Store; 4/1000 s.f = 5 Game Room (Public Recreation); .33/person in permitted capacity = 57 Lounge (bar); 20/1000 s.f = 11 Bowling Alley (Public Recreation); .33/persons in permitted capacity = 50 TOTAL = 141 required spaces 1991 STUDY CONDUCTED BY THE AMERICAN PLANNING ASSOClA TION Retail; Auto Parts Store (Champion); 3.3/1000 s f = 23 Liquor Store; 1/400 s.f =• 3 6.5/1000 s.f = 9 3 + 1/300 s.f = 8 Post Office; 1/500 s.f “ I 4/1000 s.f = 1 Lounge (bar): 10/1000 s.f “5 Averaae = 7 Average = 1 1/50 s.f. = 1 1 Bowling Alley: 2/alley * 20 Average =» 8 Game Room: (amusement center) 3/alley = 30 4/alley » 40 5/alley = 50 6/alley = 60 Average = 40 1/200 s.f. + 1/2 coin machines = 9 + ? l/150s.f + 1/4 seats = 13 +? 1/50 s.f = 38 1/1 game table = ? TOTAL = 56 + Game Room Parking (maybe 45 machines) = lOl required spaces (assuming a number of machines) The applicant has proposed a plan with 104 parking stalls. The addition, at 16 ’ in width, would obstruct eight of the 104 parking stalls proposed. If the addition were reduced to 14 ’ in width these parking stalls could remain, which the applicant has agreed to do. After conducting this study staff discovered that the parking required by Section 78-1516 of the Zoning Ordinance may actually fit in line with what the two studies suggest is adequate parking for the proposed uses. There may be some justification for a parking variance based on the 1991 parking study performed by the APA. Weighing the restraints of providing parking for the uses the building currently supports and the game room proposed, the Planning Commission should discuss whether there are hardships inherent to the site to support granting of a parking variance. The parking study information is provided as a supplement in determining if there is a hardship and if the site could support the amount of parking it demands. If the Planning Commission determines that the uses proposed fit within the guidelines of the Zoning Ordinance, staff would suggest that the applicant provide staff with a detailed floor plan that the City’s parking consultant can use to determine the amount of parking the City should require. EXHIBIT H Sec. 78-71. Nonconforming uses. Any land or buildings which were actually and legally devoted to a nonconforming use on January 1,1975, may be continued in the nonconforming use pursuant to conditional use permit gramted as specified and subject to the following provisions: (1) The nonconforming use may not be changed to anotlrer nonconforming use. (2) Nothing in this chapter shall prevent the placing of a structure in safe condition when the structure is declared unsafe by the building inspector, providing the necessary repairs shall not constitute more than 50 percent of the fair market value of such structure. A stimcture shall include such accessory features attached to tlie stmeture or located anywhere on the land, such as signs, marquees, or monuments. (3) When any lawful nonconforming use of any su’ucture or land in any district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use. (4) Whenever a lawful nonconforming sti icture shall have been damaged by fire, flood, explosio ’i, earthquake, war, riot or act of God. it may be reconstructed and used as before if it be reconstructed within 12 months after such calamity unless the damage to the building or structure is 75 percent or more of its fair market value as shown on the assessment records at the time of damage, in which case the w'hole of the structure shall be demolished; and any construction thereafter shall be for a use in accordance with the provisions of this chapter. (5) WTrenever a lawful nonconforming use of a structure or land is discontinued and remains discontinued for a period of 12 months, any future use of such structure or land shall be in conformity with the provisions of this chapter. (6) Any lawful nonconforming use of land not involving a structure and any lawful nonconforming use involving a structure with an assessor's fair market value upon January 1.1975, of S3,000.00 or less may be continued for a period of 36 months after January 1.1975, whereupon such nonconforming use shall cease, unless brought into conformity with this chapter. (7) Any proposed structure which will, under this chapter, become nonconforming but for which a building permit has been lawfully granted not more than six months prior to January 1, 1975, may be completed in accordance with the approved plans provided construction is started within six months of January ’., 1975, and continues to completion within two years. Such structure and use shall thereafter be a legally existing nonconforming structure and use. Normal maintenance of a building or other structure containing or related to a lawful nonconforming use is permitted, including necessary nonstructurai repairs and incidental alterations which do not extend or intensify the nonconforming use. Alterations may be made to a building containing lawful nonconforming residential units when they will improve livability, provided they will not increase tlie number of dwelling units or bulk of the building. (10)The nonconforming use provisions of this chapter apply only to the use to which land and buildings are put, and do not apply to situations where location or height of stnactures, lot size or other factors not involving the use of the premises prevent strict conformance with the requirements of this chapter. Where, however, such a situation existed legally under the prior applicable law, the council will not unreasonably require strict compliance and will generally look with favor on granting of a variance under division 3, subdivision II of this article. (Code 1984, § 10.03(5)) EXHIBIT I Sec. 78-643. Permitted uses. Within any B-1 retail sales business district, no structure or land shall be used except for one of the following uses or uses deemed similar by the council: (1) Retail and service businesses The following neighborhood retail sales and service businesses supplying commodities or performing a service primarily for residents in the sunound.ng neighborhood: a. Arts and school supplies store. b. Barvks and insurance companies. c. Bai'bershops and beauty shops. d. Bicycle sales and repair. f. g- h. i. j- m. n. o. P- q- dsa Books, magazines, record shop. Drugs, candy, ice cream, soft drinks, cosmetics and other usual drugstore merchandise. Dry cleaning and laundry pickup stations, including incidental pressing and repair. Garden supplies, f:orist shop. Gift or antique shops. Hardware store, paint store. k. Hobby shops, camera and phc’ographic supply stores, 1. Jewelry shops and renair. Laundromats. Locksmith. Music, radio, TV, appliance sales and repair stores. Newsstands. Office supply store, office machine store. r. Pet shop. *! ittm i s. Pipe and tobacco shops. t. Plumbing, electrical, heating, housewares, furniture, carpet store. u.Postal substation. V.Real estace sales. w. Retail food of all varieties and home supplies X. y- z. aa. bb. Sewing center and yard goods. Sporting goods store. Tailor shops. Temporary sales, such as Christmas tree lots Travel bureau. cc. Variety store. dd. Wearing apparel store, shoestore. ce. Off-salc liquor store. ff. Home and garden equipment rental. (2) Municipal buildings Municipal buildings where the use conducted is customarily considered to be an office use. (Code 1984. § 10.40(3); Ord.No. 152 2nd series, § 1, 10-28-1996) S.*c. 78-644. Conditional uses. Within the B-1 retail sales business district, no structure or land shall be used for t.ne of the following uses without a conditional use permit; (1) Garages for the servicing and repair of automobiles, provided repair functions are totally cnclo.scd in a building. (2) Motor fuel stations subject to the provisions set forth in section 78-1373. (3) Restaurant (class I), in which food is served to customers while seated at counter or table, or cafeteria, in which food is selected by a customer while going through a line and taken to a table for consumption. Neither -- . '-f live entertainment nor intoxicating liquor sales are permitted in class I restaurants. (4) Restaurant (class II), i.e., a fast food, convenience, drive-in, or liquor store restaurant, which is a restaurant where a majority of customers order and are served their food to be consumed at a counter in packages prepared to leave the premises; or a drive-in where most customers consume their food in an automobile regardless of how it is served, or restaurants which serve intoxicating liquor or have live entertainment. (5) Off-sU eet parking when the principal site of the off-street parking abuts on a lot which is another B or I district and is in the same ownership as the land in the B or I district and subject to those conditions as set forth in aiticle X, division 5, of this chapter and such other conditions as found necessary by the council. (6) Public service structures, including but not limited to electric transmission lines and buildings, such as telephone exchange stations, booster or pressure stations, elevated tanks, lift stations and electric power substations. Personal wireless service and commercial broadcasting anteiuias and towers shall not be considered public service structures. (7) Day nurseries, provided not less than 50 square feet of outside play area per pupil is available and fenced. (8) Professional office and offices of a general nature. (Code 1984, § 10.40(4); Ord. No. 161 2nd series, § 8, 0-7-1997; Ord.No. 185 2nd series, §§ 1,2,2-22-1999) See. 78-645. Accessory' uses. Within any B-1 retail sales business district, the following uses shall be permitted accessory uses: (1) Private garagis. off-street parking and loading spaces, as regulated in this chapter. (2) Signs, as regulated in this chapter. (3) Buildings temporarily located for purposes of construction on the premises for a period not to exceed time necessary to complete the construction. (4) Decorative landscape features. (5) Fences, as regulated in this chapter. (7) (8) Any incidental repair or processing necessary to conduct a permitted principal use, provided that the incidental use shall not exceed 30 percent of the floor space of the principal building. Public telephone booths. Conununication reception/transmission devices. a.Accessory antennas. Accessory antennas shall be limited to radio and television receiving antennas, satellite dishes, TVRO’s, and amateur shortwave radio transmitting and receiving antennas. Accessory antennas that are accessory to the principal use of the property are permitted accessory uses in all zoning districts, provided they meet the following conditions; 1. 3. 4. 5. 6. Height. A ground mounted accessory antenna shall not e.xcecd 20 feet in height from ground level. Yards. Accessory antennas shall not be located within the required front yard setback, corner side yard setback or side yard setback abutting a street. Roofs. If vegetation or obstructions interfere with satellite signals at a location in any allowable placement area, the accessory antemia may be placed on the roof of any authorized structure on tlie premises. Setback. Accessory antennas shall not be located within a required yard o: setback area or within drainage or utility easements. Antenna towers shall be set back from adjacent property lines a horizontal distance no less than the maximum height of the antenna. Building permits. A building permit shall be required for the installation of any accessory antenna requiring a conditional use permit. Building permit applications shall be accompanied by a site plan and structural component data for the accessory antenna, including details of anchoring. The building official must approve the plans before installation. Lighting protection. Each accessory antenna shall be grounded to protect against natural lightning strikes in conformance with the National Electrical Code as adopted by the city. b. 7. 8. Electrical code. Accessory antenna electrical equipment and connections shall be designed and installed in conformance with the National Electrical Code as adopted by the city. Color/content. Accessory antennas shall be of a neutral color and shall not be used as signage. Amateur shortwave radio antennas and towers. Amateur shortwave radio antermas and fowlers which do not meet the conditions for accessory antennas, may be allow'ed with a conditional use permit in all zoning districts provided they meet the following conditions; 1.Height. Wlien an amateur shortwave radio antenna is mounted on an antenna tower, the total height of the antenna and tower shall not exceed 65 feet. Yards. Amateur shortwave radio antennas and towers shall not be located within a front, corner side or side yard. j.Setbacks. Amateur shortwave radio antennas and tovvers shall not be located within any required setback area and shall be located no less than the height of the antenna and tower from the property line. (Code 19S4. § 10.40(5); Ord. No. 161 2nd series, § 8, 6-7-1997; Ord. No. 183 2nd series. § 3,2-22-1999) 1 EXHIBIT J CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO.g I 6 * .A. RESOLUTION DENTING A CONDITION.AL USE PERMIT, COMMERCIAL SITE PL.AN REVIEW. AND VARIANCES PER MUNICIPAL ZONING CODE SECTIONS 7S-644 (4), 78-642, 78-282, 7S-12SS (B), 78-1403, AND 78-1467 (3) FILE i#04-2977 WHEREAS, the City of Oiono is a municipal coi-poration organized and existin? under the laws of the State of Miraiesota; and WHEREAS, pursuant to State Statutes 412 et. seq. and U52 et. seq.. the City Council of the City of Orono has adopted zoning regulations for the protection of the public health, safety and general welfare; and WHEREAS, Michael Keaveuy on behalf of Richard M Keaveny Rev. Tnist (hereinafter “the applicant ”) is the owner of the propeity located at 3423/3425 Shoreline Drive within the City of Orono (hereinafter “the City") and legally described as follows: Lots 1 and 2, Block 2. KEAVENY ADDITION, according to the plat thereof on file and of record in the office of the County Recorder in and lor Hennepin County, Minnesota (hereinafter “the property”); and useWHEREAS, the applicant has applied to the City of Orono for a conditional__ pennit, comiTiCrcial site plan review and associated variances in order to operate a Class II restaurant and to construct a new entrance ;r expanding the cuiTent buildm^ footprint, requesting the following approvals: 1. 2. Section 78-644 (4): CUP to operate a Class II restaurant (with liquor). Section 78-642: Commercial site plan approval for a building pennit to allow construction of a new entrance foyer, expanding the current buildin® footprint, and interior remodeling to construct a restaurant. ^ 3.Section 78-282 and 78-12S8 (B): Variance to permit 90% hardcover within 1000’ of Lake Minnetonka when 25% hardcover is permitted in the Page 1 of 4 —- CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ^ S 6 1 75’-250 ’ zone, 30% ir. the 230’-500 ’ zone and 35% in the 500 ’-1000 ’ zone. 4.Section 78-1403; Variance to permit 16% Lot Coverage by Structures when 15% is nonnally pennitted. 5.Section 78-1467 (3)- Variance to pcmtit an existing sign to be located 2 outside the property boundary. Section 78-1516: Vaiiance to park'ng stall requirement where City Ordinance would technically require 147 stalls and only 104 stalls are proposed. WHEREAS, the City Council has reviewed the application; the recommendation of the City staff and Planning Commission; and the comments and written statements submitted by the applicant. NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby denies tlie requested conditional use permit, commercial site plan review and associated variances as described above based on one or more of the following findings of fact concerning this property: 1.The property is in close proximity to the residential neighborhood to the south. The entrance and parking area for the proposed use directly abuts the adjacent residential neighborhood. The potential for increased levels of noise, traffic, activity, public disuirbances, litter, damage to property, and calls to police that can accompany a site whi-'h serves liquor, have a high potential to be disruptive to tlie immediately adjacent residential neighborhood. The City Council on March 22, 2004 denied a liquor licoiise for the proposed Class II restaurant. 4.The granting of the requested variances would be ccnirary to the provisions of Municipal Zoning Code Section 78-123 with which the applicant must first comply in order that variances be grariicd. The Council finds that; Page 2 of 4 ORONO HE CITY COUNCIL g e f 35% in the 5C0*-1000 ’ 'overage by Sti-uctures ng sign to be located 2’ squirentent where City and only 104 stalls are on; the recommendation i and written statements City Council of Orono, t, comrne'cial site plan 3n one or more of the .tial neighborhood to the )posed use directly abuts traffic, activity, public calls to police that can a high potential to be neighborhood. a liquor hccitse for the mid be contrary to the 1 78-123 with which the ianccs be granted. The CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ^ ^ ^ a. The property in question can be put to a reasonable use if used under the conditions allowed by the official controls if the proposed variances were not granted. b. The plight of the landowner was created by the landowner, n that the need for parking variances is directly related to the proposed use of the site. c. Granting of commercial site plan approval and associated variances would appear to serve as a convenience to the applicant and the applicant has not demonsiiated sufficient reasonable hardships or practical difficulties acceptable to the City Council. d. The conditions of the Zoning Code limits imposed and existing on this pioperty generally apply to all other land and structures in the 2onin°' district in w'hich this property is located. ^ The City Council has considered this application including the findings and recommendations of the Planning Commission, reoorts by City staff comments by the applicant and the effect of the proposed conditional use pennit, conur.ercial site plan review and associated variances on the health, safety and welfare of the community. Adopted by the City Council of the City of Orono on this 26"’ day of April, 2004. 5. ATTEST: ''j. Lindas. Vee, City Clerk Barbara Peterson, Mayor 'M- Page 3 of 4 I 1 CITY of ORONO RESOLUTION OF THE CITY COUNCI L NO.c STATE OF MINNESOTA • COUNTY OF HENNEPIN The forcgning iiisti-umcnt was acknowledged before me on this^fe day of 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed onbebalf of tire Crty. p (.•;;vSv^*cr Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN '\ I foregoing instrument was acknowledged before me on this ^ day of !■__1 2004 by Linda S. Vee, City Clerk of the City of Orono, a Mimicsota municipal coiporation and said instnunent was executed on behalf of the City. ____ RACHIL DOOG'E IA j3 i-{^- I/; CcT.mu-3rt..i. 2v.j __________ — » - •* Notary Public ►vL' Page 4 of 4 r' m KA./,//Y \ ) ff ■" ' \ \j/' •*>♦*.ti I ■*■'; • ’ . • •. 'f .i'.AV* ' *r '.- .> •*'‘ V* »' ■ ‘i.-. K ‘ .,, •!, . m So . C». Vt..' Wi • . ' . -v V • i •;'. ».; Vr-*,,.. ,.V >v-'' ' W * .• ........«C- t V %< ; ♦ ^ v5r.?^r.'f« f; •' *•' ■■«y >». u t ■jj-' U^'I X - 1 7 - *Vv • ••' .'■ fWh 5 - ' -• I- ^ •• ' • [ t * \ ' ’’-/'A : * • • \ m.€ \ i'# -M mm ' \<--w >^'' • - ' • ■:/\‘- (/*. • f* * ‘ V:l H ■ mt•I . • • I ■ I !'v*-f ''V^ »' .1l ',I4 •‘V»» •• MKMmti/ UtmRHR7 if|PfO\ * f m i:v ^ 1^ mi , ... . • ‘* 4 • : 'i ^ • V A • ♦-i** *'« *S<i*K J • ' V *4 • -^4,',.-. r>A- ’*•». ?4lJfV •'.•> V '.•■'s/A* .■•• • “4. IT* '.1- • •• r ■'.V5* r ■ >i \(' \ 'Vi ,1/1 '■ •■•’Wft' A \1 V ■: •' \W H '0:' i'^4 ^i:. A..- AS Iftei i L/ ' ■ r* *••.#• • ... /• .<■••■ . . tr..., I’l/, 1-<;/,■ •/■ /.':»■. *•>■.-f'Wj;; • 4.^4 j ^ '• 1*4^^' *' * * V *j”^ k EXHIBIT L 38 1711723430086 C A. Hansberger 3huj Lyric Avc. Wayzata. MN 55391 38 1711723430090 Mark W Schmid 3499 Lyric Ave. Wayzata, MN 55391 38 1711723430099 C T Johnson & B A Jolinson 16110 9"’. Ave.N Plymouth, MN 55447 38 1711723440009 Marchel Dittrich 433 5"’ St W #201 Waconia.MN 55:37 38 2011723110015 1“ National Baitk of Navarre CO Road 15 &CO Road 19 arre, MN 55392 38 2011723120027 Ward E Edwards 2474 Carman St. Wavzata, MN 55391 38 2011723120034 Richard M Keaveny Rev. Living Trust 13405 HwyNoS Young America, MN 55397 38 2011723120053 Timothy J Thoclc 2501 Kelly Avc. Excelsior, MN 55331 38 2011723120063 Bradley A Hoyt 253 Lake Street E Wayzata, MN *'5391 38 17117234300S7 Tom C. 8c Julie M. Flynn 3473 Lyric St. Wayzata, MN 55391 38 1711723430095 Sandra Holman 3468 Shoreline Dr. Wayzata, NfN 55391 38 1711723430142 Richard W Bloomquist 3333 Shoreline Dr. PO Box 121 Navarre, MN 55392 38 1711723440100 Donald McCarville 6649 Warner Rd. Mound, MN 55364 38 2011723110024 Super Valu Stores Inc. Corporate Tax Dept. PO Box 990 Minneapolis, MN 55440 38 2011723120028 Richard & Johanna Edwards 2480 Carman St. Wayzata. ivIN 55391 38 2011723120051 Austin H Evans 2497 Kelly Ave. Excelsior, MN 55331 38 2011723120054 Michael J Kellen 2503 Kelly Ave. Excelsior, MN 55331 38 1711723770101 Leroy Koehncn 3360 Shoreline Dr. PO Box 8 Navarre, MN 55392 38 1711723430088 Lyle C. 8c Joyce E. Scott 2508 Bantas Point Lane Minnetonka, MN 55391 38 1711723430098 Gemi-Tom Partnershiu* C/0 Court MacFarlar.e 1107 Hazeltine Blvd. #535 Chaska, MN 55318 38 1711723430155 Thomas H Fralim 3105 North Shore Dr. Wayzata, MN 55391 38 1711723440102 Stephen H Sclrmidt 2986 Highland Blvd. Mound, mN 55364 38 2011723110032 David J Delaney 4800 Casamita Rd. Excelsior, MN 55331 38 2011723120033 Aleck G Oversor 3625 Alvarado Lane Plymouth, MN 55446 38 2011723120052 Sylvia Bertagonoli 2499 Kelly Ave. Excelsior, MN 55331 38 2011723120055 Kelly Cove Hmcwncrs Assn/Oroni 2497 Kelly Ave. Excelsici, MN 55331 Date Application Received: 6-23-04 Date Application Considered as Complete: 7-9-04 60-Day Review Period Expires: 9-8-04 nmpTiNG AUG 0 9 2004 CITY OF ORO/VO REQUEST FOR COUNCIL ACTION Date: August 5, 2004 Item No. Department Approval: Name: Janice Gundlach V* Administrator Approval:Agenda Section: Zoning Title: City Planner Item Description: #04-3036, Durabilt Associates on behalf of James Brooks 3785 Watertown Road - Variance - Resolution Zoning District: Lot Area: Lot Width: RR - 1 A, One Family Rural Residential District (5 acre minimum) 2.914 acres (128,126 s.f.) 118.29 feet List of Exhibits A - Resolution per City Council Action of 7-26-04 B - DraA City Council Meeting Minutes of 7-26-04 C - Council Action Notice of 7-27-04 D - PC Action Notice 10-22-03 E - PC Memo and Exhibits of 10-16-03 Application Summary: Applicant requests the following in order to construct an attached 2 stall garage in front of the existing 1 stall garage: 1. Side yard setback variance to allow an eastern side yard setback of 10’ when 14.4’ currently exists and 50’ is normally required. Stajf Recommendation: Staff recommends denial of the requested \ ariance to allow a 10’ eastern side yard setback. Staff, however would support approval of a side yard setback variance of 14.4’ when 50’ is required due to the existing 14.4’ setback of the house and attached garage. Phinning Commission Recommendation Tlie Planning Commission, at their July 19, 2004 meeting, voted 5-1-1 with Commissioner Fritzler voting against and Commissioner Kempf abstaining, to approve the request allowing a 10’ side yard setback. The Commission stated the lot shape as the hardship to allow for the 10’ side yard setback. 7-26-04 Council Action On a 3-2 vote, to approve an east side setback variance of 12’ where 10’ was proposed and 14.4’ currently exists, directing staff to draft a resolution for approval. Staff Recommendation Staff continues to recommend denial of the request to allow the 10 ’ side yard setback. The location of the existing house should limit the encroachment on the side yard setbacks as the lot is extremely narrow and an expansion of the non-conforming situation should not be allowed. Staff would offer the following comments when determining whether the request should be granted: • The existing single stall garage will remain for storage space. • A garage of any size does not have to be allowed. • Two sheds exist on the property, one at a non-conforming setback, which also allows for additional storage space. • The same new garage square footage could be achieved, without blocking the kitchen window and still providing access to the house, if the garage were deepened instead of widened as additional buildable area exists up to the front yard setback line. COUNCIL ACTION REQUESTED Adopt the attached Resolution granting a side yard setback variance to allow a 12 ’ easiem side setback for 3785 Watertown Road. 1 . i EXHIBIT A A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 78-395 (B) FILE NO. 04-3036 WHEREAS, James F. Brooks, a single person (hereinafter “the applicant") is the owner of the properly located at 3785 Watertown Road within the City of Orono (hereinafter the “City") and legally described as follows: That part of the Southwest Quarter of the Southwest Quarter of Section 32. Township 119 North, Range 23 West of the 5"' Principal Meridian described as follows: Beginning at the Southeast corner of said Southwest Quarter of the Southwest Quarter; thence north along the East line of said Southwest Quarter of the Soullwvest Quarter a distance of 1197.83 feet to the centerline of Watertown Road (formerly County Road 45); thence northwesterly along said centerline of Watertown Road a distance of 118.8 feet; thence south and parallel to the East line of .said Southwest Quarter of the Southwest Quarter a distance of 1242.93 feet more or less to the South line of said Section 32; thence east along the South line of said Section 32. a distance of 109.1 feet to the point of beginning. (hereinafter the “property”); and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-395 (D) to allow construction of an attached two-car garage measuring 22’ x 24’ in front of the existing single stall garage, to be located 12’ from the east side lot line where a setback of 14.4’ currently exists and 50’ is normally required. NOW, THFREFORE BE IT RESOLVED by the City Council cf Orono. Minnesota. FINDINGS 1. 2. This application was reviewed as Zoning File #04-3036. The property is located in the RR - lA zoning district, which requires a minimum lot area of 5 acres, 300 feet of width, and 50 foot side yard Page 1 of 5 3. 4. setbacks. The applicant ’s property contains 2.914 acres, 118.29 feet of width, and a 14.4 foot eastern side yard setback. The Planning Commission reviewed this application at a public hearing held on July 19. 2004. The City Council reviewed this application at their July 26, 2004 meeting and voted 3-2 for approval of a 12’ eastern side yard setback variance based on the following findings: a. A garage wider than 20 feet should be allowed for storage of outdoor equipment. b. The height differentials within the driveway create the need for an adequate driveway apron and turnaround access to pull out onto Watertown Road, c. The property contains a limited amount of buildable area. 1 he City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variance on the health, safety and welfare of the community. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning 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 ser\e 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. CONCIAJSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-395 (B) to allow construction of an attached two-car garage measuring 22 ’ x 24 ’ in front of the existing Page 2 of 5 I H single stall garage and located 12’ from tlie side lot line where a 50’ setback 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 Commission and City Council review. 2. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (August 9,2005). 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 applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of the applicant and the applicant ’s heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 9“’ day of August, 2004. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner Page 3 of 5 UkdUfta J STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of __, 2004 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 __, 2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 5 State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this by James F. Brooks, a single person. day of ,2004 Notary Public Page 5 of 5 PT )F SURVEY FOR • . BROOKS 1/4 OF SEC. 32- NTY, MINNESOTA EXHIBIT A 8-23 APPAOv^EP ^APAS jE: HOUSE DETAI 1" = 20' SCALE EXHIBIT B MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 26, 2004 7:00 o’clock p.m. approval of the Conditional Use Permit to allow plumbing in an accessory building in order to construct a bathroom consisting of a toilet, sink, and shower within the existing pool cabana located at 5252 Hunter Pass stipulating execution of the covenant stated within the Zoning Ordinance Section 78-418 (b) (e). VOTE: Ayes 5, Nays 0. 8. #04-3036 DURABILT ASSOCIATES, INC. ON BEHALF OF JAMES BROOKS, 3785 WATERTOWN ROAD - VARIANCE Gundlach explained that the applicant requests a side yard setback variance to allow an eastern side yard setback of 10’ when 14.4' currently exists and 50* is normally required. Although the Planning Commission voted to approve the request on a 5-1-1 vote, she slated that staff would recommend denial of the requested variance to allow the setback, but would support a side yard setback variance of 14.4’ due to the existing setback of the house and attached garage, and narrowness of the lot. White stated that he would prefer a garage wider than 20’ to allow for storage of outdoor equipment. Frit/.ler indicated that a long narrow lot should be required to build a long narrow garage. Tom Kaspr/a. of Ournbilt. stated that the minimum width he usually builds is 22*. McMillan felt it was deceiving from the pictures to see the height differentials within the dri\eway. She believed hardship could be found in the need for .in adequate driveway apron and turnaround access to pull out onto Watertown Road. Brocks stated that he was attempting to improve the aesthetics of tite property, as well os, obtain a two car garage McMillan moved. White seconded, to approve the side yard setback variance to allow a 10* eastern side yard setback to construct a two stall garage due to the lot dimensions, elevations and constrictions of the drivewray turnaround. VOTE: Aves, White and McMillan: Nays, PAGE 10 of 14 iii MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 26,2004 7:00 o’clock p.m. Mayor Petcr»on and Murphy. Sanseverc asked for more diKussion. Sansevere questioned why staff did not concur with the Planning Commission’s position that there was adequate hardship to support the application. Gundlach stated that the existing side yard setbacks had been granted a variance to within 14.4 ’ of the side yard which staff would be opposed to increasing. Moorse reminded the Council that a 50’ setback is normally required and that this request would be going beyond the original allowance for hardship and increasing the nonconformuncy. McMillan pointed out that the whole property provides linie buildable area, while adequate turnaround room to provide safe access to Watertown Road at this blind intersection is justified. Sansevere asked whether staff could support a compromise of a 12’ side yard setback to allow a 22’ garage. Gundlach reiterated staffs position that the garage remain at 20’. Fritzlcr stated that he would have found that to be an acceptable alternative. Murphy stated that allowing the applicant a 20’X24’ garage is not a hardship, since he will still have the same amount of square footage. Mayor Peterson moved, Murphy seconded, to approve the existing 14.4' setback as originally approved. McMillan asked if the motion could be amended to allow the 12’ setback. Mayor Peterson denied the request. VOTE: Ayes, Mayor Peterson and Murphy; Nays, McMillan. White, and Sansevere, PAGE n of 14 f MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 26,2004 7:00 o ’clock p.m. White moved, McMillan seconded, to grant a 12* eastern side yard setback in order to construct a two stall garage at the property located at 3785 Watertown Road. VOTE: Ayes, McMillan, White, Sansevere; Nays Mayor Peterson and Murphy. MAYOR/CITY COUNCIL REPORT Sansevere requested that an upcoming work session include a discussion regarding the new' smoking bans, and at the request of a resident, ways to more aggressively pursue illegal docking of boats in Orono. ‘9. PROCLAMATION - NATLNAL NIGHT OUT - RESOLUTION NO. Murphy moved. White seconded, to adopt RESOLUTION NO. , a Resolution proclaiming August 3,2004 as **National Night Out” in Orono. VOTE: Ayes S, Nays 0. PUBLIC SERVICE DIRECTOR’S REPORT *10. BIG ISLAND ACCESS LANE MCWD WETLAND BUFFER COOPERATIVE AGREEMENT Murphy moved. White seconded, to approve the Cooperative Agreement between the City of Orono and Minnehaha Creek Watershed District for the Big Island access wetland buffer protection. VOTE: Ayes 5, Nays 0. *11. REQUEST FOR FINAL PAYMENT, NAVARRE CR19 SIDEWALK PROJECT Murphy moved. White seconded, to approve Request for Final Payment, Navarre CR19 Sidewalk Project to Schmidt Curb Company Inc., in the net amount of $6,781.47. VOTE: Ayes 5, Nays 0. CITY ADMINISTRATOR’S REPORT PAGE 12 of 14 I iiiiiiii liiMiiiTliilitliniii nI EXHIBIT C CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 ZONING FILE: #04-3036 NOTICE OF COUNCIL ACTION DATE OF NOTICE: July 27,2004 TO: James Brooks 3785 Watertown Road Maple Plain. MN 55359 COPIES: Durabilt Associates, Inc. 6318 Cambridge Street St. Louis Park, MN 55416 TYPE OF APPLICATION:Side Yard Setback Variance DATE OF MEETING: July 26,2004 VOTE: 3 FOR 2 AGAINST Motion: To approve an east side setback variance of 12’ where 10 ’ was proposed and 14 ’ currently exists. A resolution formally approving the 12’ side setback variance must be approved at the next regularly scheduled Council meeting, August 9,2004. Your attendance at this meeting is necessary as the approval vote was split. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. i EXHIBIT P CITY OF ORONO ZONING FILE: 04-3036 2750 Kelley Parkway P.O. Box 66 NOTICE OF PLANNING COMMISSION ACTION Crystal Bay, MN 55323 (952) 249-4600 DATE OF NOTICE: July 2 U 2004 TO: James Brooks COPIES: Durabilt Associates, Inc. 3785 Watertown Road 6318 Cambridge Street Maple Plain, MN 55359 St. Louis Park. MN 55416 TYPE OF APPLICATION: __Side ^ard Setback Variance__________________ DATE OF MEETING: July 19,2004 Planning Commission recommended as follows: Approval of a side yard setback variance to permit the proposed garage to be setback 10 ’ from the eastern side property boundary where 50 ’ is normally required and 14 ’ currently exists, and staff recommended a setback of 14 ’. VOTE: 5 FOR 1 AGAINST 1 ABSTAIN Applicant’s next scheduled meeting is confirmed as: City Council - Monday, July 26,2004; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission or Council minutes, they are available from the City Recorder after review a iJ approval by the Planning Commission or Council. If you have questions, please call City Planner Janice Gundlach at 952-249-4623. ^04-3036 July 19, 2004 Page 2 of 3 Exhibit J - Property Owner’s List Exhibit K - Plat Map Background The applicant has met with staff requesting a side setback variance in order to build an attached garage onto the existing house. The house currently has an attached one-stall garage that would remain a garage with the proposal. LOT ANALYSIS WORSHEET Lot ArcaAVidth RR-IA Lot Area Lot Width Required 217,800 s.f (5.0 acres)300 ’ Actual 12S.126s.f (2.941 aues)118 ’ Setbacks RR-IA Required Existing Proposed Front 100 ’142 ’117’ Rear 100 ’983 ’NO CHANGE Left Side (west)50 ’38 ’NO CHANGE Right Side (east)50 ’14.4 ’10 ’ Structural Coverage This property is not subject to the structural coverage requirement according, to Section 78-1403. as the property is in excess of 1.99 acres Hardcover Calculations The property is not subject to the hardcover restrictions of Section 78-1288 of the Shoreland Overlay District as the property is not located within 1,000 feet of a water bodv. Side Yard Setback Variance The applicant has proposed to construct an attached, 24 ’ x 24 ’, 2-staIl garage in front of the existing house and attached one-stall garage. The property is located within the 5 acre zoning district and subject to 50 ’ required side yard setbacks. The existing house is setback 14.4 ’ from the eastern side lot line. The applicant has proposed to encroach an additional 4 ’ on this setback requiring variance approval. The applicant’s proposal to encroach the additional 4 ’ is in an effort to not block an existing window, which would be located less than 1 ’ from the proposed location of the garage addition. II ; : ; i ^04-3036 July 19, 2004 Page 3 of 3 Applicant has provided a Hardship Documentation Form in Exhibit B, and should be asked for additional testimony regarding the application. Hardship Analysis In considering applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of proper!}’ in the surrounding area. The Planning Commission shali consider reconunendiug approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be In keeping with the spirit and intent of the Orono Zoning Code. Staff finds there is a hardship to wan ant variance approval. The lot is extremely naiTow but substantially deep. If the 50 ’ setbacks were strictly obeyed, 10 ’ of width would be allowed for a building, which is not reasonable as the applicants would be forced to construct a long and narrow residence (see Exhibit I). However, staff does not believe there is a valid hardship to warrant approval of the requested variance to encroach an additional 4 ’ on the already non-conforming 14.4 ’ side yard setback. The applicant has the ability to construct an attached 2-stall garage in front of the home meeting the existing side yard setback of the hou.se. Therefore, the extent of variance approval to the 50 ’ side setback requirement would be the existing side setbacks of the house. This would not increase the existing non-conforming status of the lot Issues for Consideration 1. Does the desire to not block an existing window create a valid hardship to allow an additional 4 ’ encroaclunent? 2. Arc there any other issues or concerns with this application? Staff Recommendation Denial of the requested variance. Staff would support approval of a side yard setback variance where the existing setback would be maintained. A S \ iUk ----- EXHIBIT A City of Orono Variance Application Street Address 2750 Keiiey Parkway Orono. MN 55356 Main. S52-249-4603 fax- 952-249-431S Mailing Address P O Boxes Crystal Bay. MN 55323-0066 Apciication # -3Ci36^ Date Received Amount Paid Li-CO Staff Fee: S?C0 Rsnev/al'S3 00 After-tn.e-facl; 5'.20C Oout::e Fee This application form must be completed m full. Applicant will be notified w.thir 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: fv n Site Address: ‘37[ti /rt~€TT_____ Property Identification Nurnber (PIN); 3 “^ |) ft ^ 3rCXj (Attach legal descr ption to application if not me tided on the survey.) Date Property Acquired (month/year). ________ □ Ves, i own tne adjacent parcels. Present use of property (fS'Residential □ Other_______________________________________ Zoning District: p - //-•■_____________ APPLICANT INFORMATION: (Complete legal names and mantai status require for eacn interested party) Name. Aa r ? I P i»(P6 V a-^^________TrH-r~ v FLc iC c IvFi/i jQ 2./)- Phone (home)' ^ — 7 _____ Phone (workjT^ ^/s~ ~t>- Address; ^^ ^ A;^>tS rAf K ^S":S '^/ C i- rru]\;-i hr i>nf>)~~,Cfr7-tY____________^ —93^ ~Email: dfl ^i Fr hcrr7-<Y ____________>~9 3^ ~ ^7A 6 'Tcrf'' cd-ciur«^i'/1 rc.c^Ti> ViCcyi^'y OWNER INFORMATION: (Complete legal names and marital status requ red for each interested party) Name ____________________________________ Phone (home): O^TZi. -OO'J^ y Phone (work); Address '3~78s" U.>or-1->r^d.r-\ p r) Email. J Fax: S U.^,c>c\' dt n>n (h ,iJ qq i. REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for y application to be processed. r / 'A &•□ Pre-Application Meeting Form, completed by a City Planner. Completed Application Form Completed Hardship Documentation Form Certified Property Owners List - owners within 150 of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department of Finance. Government Center, A-603 300 South 6'^ Street, Minneapolis, telephone 612-348-5910 Original Certificate of Survey (signed by a licensed surveyor), meeting all the requirements listed within this packet, including hardcover calculations. Also provide one copy 8.5 x 11 or 11 X 17 for reproduction. Completed hardcover calculation worksheets (as provided within the variance packet). Topographic 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 8.5x11 or 11 x17). 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 c 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, staff has no alternative but to reject it until it is complete or to recommend the request lor denial of the request regardless of its potential merit. m M HApplicant'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 Mem.bers for purposes of investigation and verification of this request. Owner ’s Signature; Owner's Signature: Date: Date; Applicant must havei^lr submittals into the City offices 25 days before the Plai.ning 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 tc have an authorized representative attend in place of the applicant and advise the City Plannei assigned to your project. Vsr«ry 'MM' f City of Orono Pre-Application Meeting Form (This form is to be completed by a City Planner during your pre-application rr.eet.ng*) Street Address 2750 Kelley Parkway Orono, MN 5535S Mailing Address P.O. Box 6S Crystal Bay, MN 55323-0066 For Office Use Only City Planner. _____UILff h iMeeting Date/Time PC Date; J ML V r^rixr- Main; 952-249-4600 Fax: 952-249-4616 What is the purpose of a pre^application 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: r i"/l' •'r- Property Identification Number (PIN); f | 3 Zoning District; V-/----! A Size of Proper^; x /tO, r '^0 DESCRIPTION OF REQUEST: (e/6TSiDf^ □ Average Setback jOTSide Yard Setback □ Rear Yard Setback □ Hardcover □ Lot Coverage □ Lot Area ^ □ Other. I . ■ •' □ Front Yard Setback □ Lot Width f ^ I ’/iOyi^ i>•■7) -Cr LtAOJLL r V •/ ■■■} ApplicanVsr. Initials; ^rv HARDSHIP: Applicant has received the Hardship Documentation Form, 13 \ 7 understands it as it has been explained to them, and is aware that it must be comp'oted and submitted in conjunction with their formal variance application. OTHER INFORMATION: •Please note: Your variance application will NOT be accepted without a pre-application this form will bacoro PflA Date; <7 ?- meeting during which this fojrn will^^co^pleted ^ City staff. Applicant Signature:. MU(, 1 QA> Bi rA o 10 fr ____k EXHIBIT B t !■ Page 1 of 3 HARDSHIP DOCUMENTATICN FORM ? 1 ♦ ; ![ This form is a required submittal for ALL variance applications. An application Will not be considered complete or placed on any meeting agendas until tnis 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 sta'f uses to determine if a hardship exists and how the variance will affect the surrounding community. To prove a hardship, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is justified. The information the City receives is what is used In determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of these hardship criteria as they relate to the request (seme may not apply); 1."The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls." Thp Prnpprty •!«; a rp<;irlpnrp . Thp hnii<;<» ha<; ;» cLiPfflp r a r g a r a Q and with the existing zoning a double car garage anywherp on t lot requires a variation._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ “The plight of the landowner is due to circumstances unique to his property not created by the landowner." THp nwnpr HiH nnt hiiilH th<a PVTgring 3."The variance, if granted, will net alter the essential character of the locality." The variance will only enhance the property. The design is to imprnvp_thp__1 nnlr«;--nf-_t.h-P...f rnji.t_j>.f.-tho. hniigfl..ar.H irpre^go ability tn ^tnnp vphfrln*; Sn<;tpaH nf riitciHp "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." The current plan is the more expensive option. There is net a e.co n-smic har dsh -ip-.---------------------------------------------------------------------I jxo A .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 grantea for earth sheltered construction as defined in Minnesota Statutes, Section 116J.0S, Subd. 2. when in harmony with this Chapter." Not Aoplicable_______________________________________________ 6. "The Board of Appeals and Adjustm.ents 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 Variance is for a attached Double garage. Attached garages are allowed in the zoning 7. "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." 8.“The special conditions applying to the structure or land in question a*e peculiar to such property or immediately adjoining property," The setback of 50*0" is a code for the paticular area of Orr There are a few lots that are 113' wide. The zoning only allw..i 13'0 of building area. The zoning is causing the reason for thi varinee ~~~ “The conditions do not apply generally to other land or structures in the district in which said land is located." Nn, except for a few lots in the area,the rest of the city ha less restrictive setback and the attached garage would not be varince in the rest of the zoned areas. ~ “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.“ A finiihlp car car is necessary . Most cities do not even allow anything 1ess than a double car garage to be built. 11. "The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other resoect be contrary to the intent of the Zoning Code." Threr are not any health or safety issues. •/ 4* ^ r,V.. 1 0 j- Aj ' ‘ I ' i ‘ *'■ J( •r .I Page 3 of 3 "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty." alternative to the attached garage is a detached garage in the rear yard. The detached v/ould also require a van nee and ad: to access cne detaced.3000 to 4000 hardcover asphalt driveway The side setback code is claerly a hardship cn this property. Hardship Statement Should you feel the hardship cannot fully be described in the above criteria, describe the unique hardship, practical difficulty or unusual property conditions preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary); • * • f ^ ' -i f V... ;r.. •• a •;:i , V r EXHIBIT C Cert Ific«t* Survey ^or JdiTfis ?. Spoils In the SH’A o' tPf SHI of Seen on 32-ttS-23 H«nne;|n Cou^i/. Minnesoii ^•1VI 1.1 ^1 It I hfi*el>y crpufy tf»dt tnis is i l»*ut et'O correct represfntelion a cf tcunic*ie$ of Thii pirt cf tM SojiPw«st ti\J6r\ir of 5oulf.w€!t Ouartfr cf Section S3. Tofnship M9 North. Rinije 23 Keti ine Stn Principal Mcncian oescrioeo oS fellows. Jojinntnp di V>e Soutneasi :oine» o’' said Southwest OUdi'ter of me Southwest quirttr, menct nc»*th along the tait lire Of said Souiir./esi Qwaner of me Scjinwest qjarcer a cis- larce of n97 £3 foot :o tne canceriire of watertOMn Road (for­ mer’./ County PoaJ 4Sh incr.ee norih*.eitf*-ly along said ca.nlei - liny of Watjrtov n P.c«d a dislanc? wf tiO 3 f le-. r^vtr anj para!l*fl to imo Cast line of said South*.eit quarter of tre S‘Outh-<e:i qygrt?r a C! stance cf 1242 93 feet more or less to the South line of said Siction 32. thence east along the South line cf said Section 32. a distance of i09 i feet to the point of beginning, and me location of an existing house mereon. It CcfS not purport to snow a»'y oir.#r improventntl or encroach, ments. COFflH 5 CPOkCCRG. IMC. h #n a ws i.^orenoerg Kn lie .' No I*!/!): trginee’S. lane Surveyors, Plamers tong lake. Hinnescta A'l Di‘.e •• 5-12-S3 S:ilti r • '00' 0 ; Iron «i4rl:«r % < t mf^C M ^ ^ A . • ^ M A A A.#/ **•% iSU EXHIBIT D CERTIFICATE Or SURVEY FOR JAMES F. BROOKS IN !>-.=: sw V4 OF SW 1/4 OF SEC. 32-11S-23 HEN:'JEPIN COUNTY. MINNESOTA '8fir lCMST»lO NOUJt . . J -43“ SvAOOTiQN • 1 _E EXISTING HOUSE ^T • i$ !• *y* Vi:*na-u V‘uvtf' • U OIJSE DETAIL • 20' SCALE I F.7Ai^ E>i:sg;p<pT«;*< ^ p«?D/n:s_: T^ol oeH of ino Southwc.t Ovorfy of ;;•**“* .©ol l«e''Ct noMh^tHtflT 0»0/i9 *0'^ '*?! lii i.idiMians* of 118 5 f«ei: thence fowlh 0*^0 'V ! lS?d 5oulh.#tt CwOfU^ Of l»»f Sowt^.afl a^arltr o Si l.M ;o 1^. So«l^ I.;. of 32 W*'f>cV toWo-ln^ tnt 5ojih i.r.f e« ao-O Stct.o#» 32. o caler^et of IC9.1 fill lo <•**• 0« oafl'f'Otf'Q doto*^c« of ' 19'^ Ceu/'ijr Oood *5) Welcrtcwn 5oo0 • to Coil f diilo^'ct of <2*2 0 . Ctnolif rra*^§f BiOf io^i art batad ufoa v» otirf-«d tfeUti. Incite' «"««.?* i;:*-”"- ■« «*« «• to •^0^f err oUff «f?pio»*ninlt of ooefnonti. r ' B i i 1C9.10 N 89M5' ^6 '{SOT. 4.0# »«.^a«ilit J y GRCNEKC k ISSOCIAIES, IRC C»Lt1C 00804 UfO IPiCWl aiS O OUOo 0 104 wa»«. »4 Kict* et«*F» T«*T r*Kt avA* aa acaaof «a» M«M«> •» 4 OB iBoei iosr iiKa«4Pi a*0 •Mt • Mi * aia« uOiMO aoO PWiA oexn m« ^mO OMHIM M ual o M tun V MU04 T. « ^ mf ■ __I e«-ai ■aOtokAd ► • * • -% EX' 'UTE PROPERTY OF DURABILT ASSOCIATES \rr\ nnnir.Q ATT n\A/rn uz So 25'^W q SZ ^ ^ » H 5^5'f t/) ^ o n <5^28 HsoSy• O Oids^^st ^ “1 ♦ 1 »• 3 »-* to Q 15 « O _ »'« o 9 «> ITd2 r«oK't Ssi> ^ ^ ■ ^ a: ^M* c. Ss<^ I:s » •ro lO S O o -< M $ ^ d “ !?i ^ <» 1*1 sun T NO A1 «r 1 • « ic? «n I* r ■ ■* A* '.' EXf ^TG i EXHIBIT I line : parallel with EAST line op SW 1/4 or SW 1/4 OF SECTION 32-115-23 EAST line of SW 1/4 .. O'" SW 1/4 OF -cC.- ' SECTION 32-113-23 w>' fmm T Yap-p 50' %'DE Ya P-P SiE.TfoNU<6 EW1LPA6LG A<iGA legal DESCRiP That part of Section 32. 1 Meridian desc said Southwej the East lint distance of ' County Rood ^ Watertown Ro« to the Eost distance of 32; thence 109.1 feet t- RUN DATE 6W2. 38 0511723210009 »ADDR 38 address UNASSIGNF.D nername state of mihn (PAYER ONR REAL ESTATE MGMT ^(E/ADDR ATINDEBOIEGURTIN 500 LAFAYETTE RD STPAOLMN 5SI5S 38 0511723220010 iPADDR 55 IANDMARRDR NER NAME D S PERKINS A I' M PERKINS Sr DANIELSAPATRICEMPERKINS ME/ADDR 55 I^NDMARK DR ORONOMN S5356 38 3211123330002 3PADDR 3783 WATERTOWN RD 'NERNAME JAMESFBROOKS XPAYER JAMES I BROOKS ME/ADDR 3783 WATERTOWN ROAD MAPLE PIAIN MN 55359 38 3211823340032 OPADDR 3743 WATERTOWN RD /nername NCDLBUmRI lILDLT AL Xpa YIR NEDLBUTTtRIIEI-UA ME/ADDR LORNALDUrrCRFIEED 3743 WATERTOWN RD maple PLAIN MN 55359 fU' (5- I ICNNO-m COIWV wmatiom svstcm TF: I 38 05II7232I002I PROP addr so landmark dr OWNER name R W KULLERTON/C K FULLERTON TAXPAYER ROBERT A CAROLINE FULLER ION NAMiyADDH 50 UNOMARK DR long LAKE MN 55356 PROP ADDR OWTIER NAME TAXPAYER NAMF/ADOR 38 05in2322(K)01 38 ADDRESS IJNASSICNCD STATE or MINN ONRRFALrSIAlEMGMT ATTNDEBBILGURTIN 500 LArAYLrrn rd STfAUKMN 55155 3« 3211821110005 PROP ADDR 3760 WATERTOWN RD OWNCRNAMI: JOIINRATZLOFFCTAL taxpayer joiinratzloff NAMC/.DDR «IXI«a6DANIELS«AIZ.O,. 3760 WATERTOWN RD MAPLE PLAIN MN 55559 38 3211823320005 PROP Al)l)l< 3850 WATERTOWN RI) OWNER NAME S MAC A HARRIS TAXPAVlR STEVEN M HARRIS NAME/ADDR 3850 WATERTOWN RD maple PLAIN MN 55359 38 3211823330003 PROPADI3H 38 ADDRESS UNASSIGNtU oxwi^rname stateofminn TAXPAYER DNRREAI.es TAT EMOMT NAML/ADDR ATTN DEBBIE CURTIN 500 LAFAYETTE RD ST PAUL MN 55155 )8 3211823330004 PROP ADDR 3855 WATERTOWN RD OWNER NAME STEVEN M HARRIS TAXPAYER STEVEN M HARRJS namc /addr 8300 fi.ying cloud dr EDEN PRAIRIE MN 553<I4 38 321 1821340013 PROP ADDR 3765 WAILRTOWNRD OWNER NAME LLCIXJK A L M COOK taxpayer URRY la LINDA M cook NAMIVADDR 3765 WATERIOWNRD maple PLAIN MN 55359 on HE in-NNEI’fN COUNTY TAXPAYER SERVICES DEPARTMENI^IOTHE HLST , y j or MY KNOWI.EDGEANDBEUEF DATE y -.V :.V ir M X X cd •-HH 4-1 j : . • , V 1 M COl Date Application Received: 06-23-04 Date Application Considered as Complete 07-09-04 60-Day Review Period Expires: 09-09-04 AUG 0 9 2004 CITY OF OHOimo REQUEST FOR COUNCIL ACTION Date: August 4,2004 Item No ^ Department Approval:Administrator Approval:Agenda Section: Zoning Name: Melanie Curtis Title: City Planner Item Description: #04-3038 - Darrell Anderson & Bruce Dayton, 900,925,965 Old Long Lake Road Lot Line Rearrangement - Resolution Zoning District: Required Lot Area: Required Lot Width: RR-IB, One Family Rural Residential LR-1 A, One Family Lakeshore Residential 2 acres Ji/e/u of Wav 900 Old Long Lake Road (Dayton) 92S Old Long Lake Road (Anderson) 965 Old Long Lake Road (Dayton) 200 ’ Lot Area Analysis ■ Road Existing Proposed 38.0 acres ±38.2 acres ± 1.402 acres 1.375 acres 2.006 acres 1.871 acres List of Exhibits: A - Resolution per Planning Commission Recommendation B - PC Action Notice dated 07-20-04 C - PC Memo & Exhibits of 07-12-04 Application Summary: The applicants arc requesting lot line rearrangement approval which after the appropriate legal combinations will result in elimination of setback variances previously needed by the Andersons for proposed additions to his existing residence. The application consists of the following: 1. 925 Old Long Lake Road gives up usable acrcaje across the road while gaining useful acreage to the immediate west. 925 Old Long Lake Road will remain less than 2.0 acres in gross area. 2. 965 Old Long Lake Road is slightly reduced from 2.006 acres to 1.871 acres gross area. 3. The portion of 925 Old Long Lake Road north of the centerline of the road will be attached to 900 Old Long Lake Road, increasing it from 38 to 38.2 acres. Discussioo This reairangement is the result of the Planning Commission recommendation that the Andersons acquire additional land to the west to eliminate the need for a side setback variance. The adjoining owner, Mr. Dayton, has agreed to the trade, and this also results in the portion of the Andersons* lot north of Old Long Lake Road being transferred to Dayton. Planning Commission Recommendation On July 19,2004, Plaitning Commission voted 7-0 on the consent agenda to recommend approval of the lot line rearrangement as proposed with the following conditions: 1. The portion of property labeled on survey as “to be deeded to Dayton ” shall be legally combined with the property at 900 Old Long Lake Road; a . • 2. The portion labeled on the survey as “to be deeded to Anderson'' shall be legally combined with the property at 925 Old Long Lake Road. Staff Recommendation Approval per the attached Resolution. COUNCIL ACTION REQUESTED Adopt or amend the attached resolution, = A RESOLUTION GRANTING SUBDIVISION OF A LOT LINE REARRANGEMENT FOR PROPERTIES LOCATED AT 900,925, & 965 LONG LAKE ROAD FILE NO. 04-3038 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of tlie State of Mimtesota; and WHEREAS, the City Council of Orono (hereinafter “City Council”) has adopted subdivision regulations for the orderly, economic, and safe development of land within the City; and WHEREAS, the City Council has considered the application for a subdivision of a lot line rearrangement by Darrell E. Anderson and Karin H. Anderson, husband and wife and Bruce B. Dayton, a single person (hereinafter the “applicants”) for properties legally described as: Attached as Exhibit A (hereinafter “the properties”); and WHEREAS, the properties consist of 3 developed parcels owned by the applicants an shown on the survey attached hereto as Exhibit “A”; and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono’s Zoning and Subdivision Codes, the Orono Planning Commission held a public hearing on July 19, 2004, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have completed all requirements for the City for a metes and bounds subdivision of a lot line rearrangement for division and combination purposes, resulting in the relocation of the common lot boundaries between the properties, as shown in the survey attached as Exhibit “A” resulting in new legal descriptions for each as shown in Exhibit “A”; and WHEREAS, at their regular meeting held on August 9, 2004, the Orono City Council considered the subdivision of a lot line rearrangement application of the applicants noting the following findings of fact: Page 1 of 4 mm 1. 2. 3. 4. 5. 6. The properties are located within the LR-IA, One Family Lakeshore Residential Zoning District and RR-IB, One Family Rural Residential Zoning District each requiring a minimum of 200 ’ in lot width and 2 acres of contiguous dry buildable land within each newly created lot. The proposed lot line rearrangement encompasses three residential lots containing a total of 4 1.44 acres of land. Upon completion of the lot line rearrangement, 900 Old Long Lake Road will contain 38.2 acres which will continue to meet the minimum lot area requirement of the LR-IA, One Family Lakeshore Residential Zoning District. Upon completion of the lot line rearrangement, 925 Old Long Lake Road will be decreased to 1.375 acres in gross area where 2 acres is required and 129.6 ’ in width where 200 ’ is required in the RR-IB, One Family Rural Residential Zoning District; 925 Old Long Lake Road will remain nonconforming as to area and width. Upon completion of the lot line rearrangement, 965 Old Long Lake Road will be increased from 2.006 acres to 2.033 acres gross area including roadway. Exclusive of the 66 ’ roadway, 965 Old Long Lake Road will remain conforming as to the 200 ’ lot width requirement but will remain nonconforming as to lot area. Because the subdivision is a lot line rearrangement is not creating a new buildable site, no park fees will be due. Additionally, the properties are not subject to Storm Wa>er and Drainage Trunk Fees. NOW, THEREFORE, BE IT RESOLVED, Uiat the City Council of the City of Orono hereby approves the lot line rearrangement of the above reference properties of the applicants as shown on the certificate of survey by Gronberg & Associates of Long Lake, Minnesota, dated July 9, 2004, as attached in Exhibit “A”, subject to the following conditions and declarations; 1. Ihe applicants shall provide a title opinion for the properties confirming and encumbrances. Page 2 of 4 .J 2.The aforesaid division shown on the attached Certificate of Survey shall be filed by the City of Orono with either the Hennepin County Recorder ’s Office or Registrar of Titles Office on or before February 9, 2005 together with a certified copy of this resolution. 3. The approval granted by this resolution shall expire if the division has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivision review. 4. The portion of property labeled on survey as “to be deeded to Daylon ’’ shall be legally combined with the property at 900 Old Long Lake Road; and 5. The portion labeled on tlie survey as “to be deeded to Anderson ” shall be legally combined with the property at 925 Old Long Lake Road. 6.The applicants are hereby advised that lot line rearrangement approval will expire within six months of the date of City Council approval (February 9, 2005). Should the applicants fail to complete the filing of the final plat application within the year deadline, it shall be necessary for the applicants to file a new preliminary subdivision application with the City. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 9"* day of August 2004. ATTEST: Linda S. Vee, City Clerk Barbara Peterson, Mayor Page 3 of 4 I L STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 9*** day of August, 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. i Notary Public i! t! STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this_day of , 2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public • ;i : Page 4 of 4 A wool\ I or M at V* V I , »v^vr..'S'iV K.-.. I SED LOT LINE REARRANGEMENT FOR DAYTON & DARRELL ANDERSON >1E SE 1/4 OFSECTION 35*118-23 ENNEPIN COUNTY, MINNESOTA N mOiWm toAoMog dMci^M pfocwtt K • poM on »w Ho*V» ino ol 9** Soutf^oMt IS. ToMialHp 111 Nc^ R«tgo 23 Wti* ol ro S* PrvKip# »AondW« M9 3 iMl ttmm at 9m6 S omV«mI Qu«lor r«nca Soutf« porwM 9tt\ Cast kno d sm I SouttwMi h«Miart»to«dUS H^hway No 12 inonco nof«>«Mtdfy Mma aaitf N^way tno to a pant •so MM »to oMho E mI Hdl of Mto SodhMd Owvior vsonca Norto » • poM on aso Nonn loot Ouit^ 80 foal Eoii d 9ta NoUhwoat comor d too Eo« Hdf d Md Sos4haatt Qudttr « to Via peoa d bogowtof. ISC3N PROPCRTY . HI M«r d toa toutftood Quartor d SocHen 3S Towntfop nt aiods. RonfO 23 Moat d tto S aa»tooa m tdtoaa ----% at a odni an tho Noras ano d aato SowOsaaai Osraruar datarsi a too Eaal Nso d Mto Beditoaal Quartor toorsea Souto panHat anto mH Eaai hno to ra ay ton d U S Tmrsa N^Naay Mo Osanca aodhaaaiarty atong •dO aa itorN rigM d way Ano ■at MM d toa Cad iMo d aaa Sodhoad Quartor' asonco Noras paraSd a«s aad Eaat dso to ha Lor« LdH ftead (torrswty Coday raat No 27) vmmm aaatoiiy along aato caniar»fsa le a MM d tHd Caai ton to««a Norto pardtoi aais aad Eaii wsa to Md Noras hr«. tsanca VMd asa to too pdrsi d aagasoasg; aaoad tfsal pan d taia vad lydg Souto d fsa Soar arsa d ffd d aato Cad Hdfdfso Sodhoa al Quartor MSFERRCO FROM OAlTTON TO ANOCRSON Ml » toai d fsa toMaaig daaotoad pragoflr s 23« 9 fad d fw toaoaasg atMtoaa piapaay ■agiraaag d a poaa qis tso North hno d fsa I OuMid d 3S, TowrtoMP 318 Noras Rarsga 23 Matt d tso IT Prsrscipd dars dars • 3 tod t«ad d Ito NdttoBd eansar d Md Sautwad Quartor fitosea 8odn pardtoi onto Oto d aaW Sadhaad Qudtor to aw rsonrsaaatarsy arso d u S Higisoray Net 12. twnoa iwviwada^ • fstoNaay 8m to a paM 80 tod Cad irorr tso smm nw d tw Cad Hdf d ana Soutsaad ysanoa Noras to a poasi an tw Noras ana d Mto Soutwod Quartor 80 tod ead d aw NofVtoad aw Cad NdT d aato Sauttoad Quartor awrod asorsoa Cad to aw poM d aagmrsasg toy d tw earaartow d Lorsg Laiw Root MClPfRREO FROM ANOERtON TO OAVTON raw lad itotdtwlaudaad Quartor dlactars 38 Tos—dsw is8 Norts. Rarsgo 23 Mad d CMd MrsaMv aaMtooa at tolpaa aagasrstni d a penl oa tw Noras Ina d sard Sosxnaad »a aaa 3 tod mm d 8w lad irw d aad Sairtsaad Ouanar esarwa Soids poraad wds utd s aw CaaMTSy rid<twftoay 8no d U f Trsrrsk Migtswav No i?. asarsca aouawa da wy dong %m liawlway Ma to aaaaasi 798 6 tod Mad d tw Cad aw d Md Soutwad Qudtor twrsca Ml «di Md Cad aw to aw oarstoni rw d aw long Lata Road (tomsarty Coudy roao No m awiy dtoto awd earawtow to a poirsi 7Si 2i tod Mad d aad Cad aw. toanca Noras pardM|M«f wm ^ MM M» M - • 9 • • WWVO w ■ - -- - ■ — ^ ----------------— - ------------ totawtottoC Noras aw awrwa Matt awng UM Noras aw to asa paM d aagasn#sg aataai ttod tact lya^ Sowts d tw 8ouOs aw d tw NoMi MO 08 tod d aad Can Hdf d tw isjartor d aw oaddRto d long Ldto Road DArroN PAOPtATv ArrcR transfer IT* S toat d aw toaowsng doaertood praparff Bagn rong d a poini on tw Hard aw d rw Sovvwad S^uors 3S. Tporsafstp 111 Nonh. Rarspo 23 Matt d tw S* Pnrsdpd MafsSwn. dstanl 899 3 Nd Moat d tw Nortswod oorrwr d aad Soutwad Ouanor tarv* Souti poraid sntfstw Lad irw d aad Soutwod Ou^ to twrsortwaatora aw d US HiQtwray No SJ . ..SCO nortvimtorty dorsg aad NgNway aw to a (0>a •0 tod Cad tons tw Mod aw d tw Cad Hat d aad Sos«awad Cwtortar esorsca North lo a pdd on tw Narth *** ^’^”***** d tw Ead HwF d aod Soutsood Qunnorthyaoa tiarsM Ead to tw pom d bognrsusg. CRCtPT tsdpandtwEadSOtootdCw ato^a oaaersDot sdstefs laa aosdsarly d tw carsi a rtow d Long laka Road lisd part d tw toacMwrsg aoacftood prepotiy That^orl d tw Cad Hoii of tw B«dsoad Quartor d Sacaon 35 Torrnaisd ns NortN Ronoa 23 Mom d 8M«^afapc-stor>twN«v»awdaadSoutMd P'd'tar ddtorsi 8ta 3 tod Mad d iha Coal ww d aad Soutwad Ouanar invsea Sov/n parasd »»ds «od Cad arw to tw Caaiariy rsgd<d'S»ty %rw d U S Tivna H^swof No *2, tsonca aoutfwaato<ty alo>sg aad aaaiarty ryt-d-awy Nw lo appomt 7991 toat Mad d tw Eaa; irw d aad Soutwad Qjartar- twnca Norts paraad arts aad Cad ana to tw cantordw d tw lorw Ida Road (tonrsarty Cosasfy rood No 27) twrsca oaaiatty adrsg aad codrtow to a port 75i 2i toat Maai d aad Cad krw, iNanca North par siiot saan aad Caai Nw to aad Noras Nw tsarsca Mad along aad North Nw to tw port d oagasrsing attapi M part d aad tact lyng 8ov4h d tw 5<Mh Nw d fra No't* 380 00 tool d aad Cad Mad d tw Sauffwaat Ouanar VVtJcfs hat nortsarty d tw oaniartow d long laM Rood ANOCRSON PROPERTY AFTER TRANSFER TNd part d Iw toaostrtsg da oc/toad propttty d tw Cad Hod d tw todhaaa i Ouartar d Sacoon 35. Tonwahw tst Norf Ranga23MrAd r* *. Fy>w.<i>ai Mondwr daaerWad aa toaowa Sagdntng at a port on rw North Nw d aad S ouin aas Quartor daiant 88t 3 toai Maal d tw Cad Biw d aad SosJtwaai Ouartar tsarsca Sosrts pvaaai *dh tad Caai 8na to tw Eaaiany ngraoMaty Irw d U 8 Trursk Norway No 12 tsanca aoutsaaainy atorsg tan tMtoJly tsghiwf-way arw to apport Ft9 8 toai Wad d tw Eaai Nw d aad Soutsaad Quartor tsarsca Noras paroM dts aard Lad Nw to tw cantonaw d tw long ljm Road (tomsarty Caurty road Ne 27r awnoa cadany dong mh oantortrw to a port 7St 21 tod Mad d aad Ead Nw twrsca Noras ptooloi srth add Ead trw to aad Norts Nw. twnoa mm along awi nows nw to tw port d baginninf atcapi ^ pan d tad tact lying Souti d tw South Nw d tw Nonh SacoOtottdiddCadH^dtfw SoulMMt ^>1^* vsasch aaa aoutharty d tw GdtMrtow d lorg LMa Road ALSO Tlsd pan d tw Eaat 30 toat d tw foNowwg datotoad propnrry 239 9 tod d tw toacM^ dMgttod proparty Baginnng m a port or tw Norts arw d tw 8«dwad Osdnar d Sacoors 39. TpwnaNp HI Norts, Rarsga 23 Mad d tw 5* Prvscipal Martown. aatorsf IM 3 tod Mad d tw Nonhaad aorrwr d aad SoiRhaad Quartor. twrsca Souils pattern aRh tw Cad Nwd add SiMhwM Quartor to tw nortwaalany Irw d u 8 HghwayNo *2 twnca noriNwaaidfy dorsg aad Wghawy arw to a port M toat f ad tom tw Mad nw d tw Ead Hat d aad Soutsaad OidRar atorsca Notts to a port on tw Nonh Nw d aad Soutsaad Ouanor to tod Cad d tw Nonns»M 8M"d d tw Cad Hdf d aad fosdsa M Ouar*ar tsgrod. tsarsca Cad la tw port d tagrtvrsg Mssen aaa narasof^ of tw eaiNaiano of lorsg Ldw Rood g)CttiBtT B * .f * I"? CITY OF ORONO 2750 Kelley Parkway PO Box 66 Crystal Bay, MN 55323 952.249.4600 ZONING FILE 04-3038 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: July 20, 2004 TO: Darrell & Karin Anderson 920 W. Wayzata Blvd Wayzata, MN 55391 COPIES: TYPE OF REQUEST: Lot Line Rearrangement DATE OF MEETING: July 19, 2004 Planning Commission recommended as follows: Consent approval of the proposal as submitted with the following conditions: 1. The portion of property labeled on survey as “to be deeded to Dayton” shall be legally combined with the property at 900 Old Long Lake Road, and 2. The portion labeled on the survey as “to be deeded to Anderson ” shall be legally combined with the property at 925 Old Long Lake Road. VOTE:7 FOR 0 AGAINST Applicants ’ next scheduled meeting is confirmed as; City Council - Monday, July 26,2004; 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. cxrtlwrc N04-3038 July 8, 2004 Page I of 3 Dale Application Received: 06-23-04 Dale Application Considered as Complete: 07*09>04 60>Day Review Period Expires: 09'09>04 To: From: Date: Subject: Chair Rahn and Planning Commission Members Ron Moorse, City Administrator Melanie Curtis, City Planner July 12,2004 #04-3038, Darrell & Karin Anderson and Bruce Da>1on, 900,925,965 Old Long Lake Road - Subdivision of a Lot Line Rearrangement Public Hearing ___ Zoning District:RR-IB, One Family Rural Residential, LR-IA, One Family Lakeshore Residential, 200 ’ & 2-acre minimum Application Summary: The applicants are requesting a lot line rearrangement for properties at 900, 925, 965 Old Long Lake Road. Additionally, the application requires lot area variances each to allow 925 and 965 Old Long Lake Rd to remain less than 2 acres. Staff Recommendation: Staff recommends approval of the lot line rearrangement as proposed with the following stipulation: 1. The portion of property labeled on survey as “to be deeded to Dayton” shall be legally combined with the property at 900 Old Long Lake Road, and 2. The portion labeled on the survey as “to be deeded to Anderson” shall be legally combined with the property at 925 Old Long Lake Road. Pertinent Zoning Ordinance Sections Sec. 78-305. Area, height, lot width and yard requirements LR-l A. (b) Lots The following minimum requirements shall be observed; Lot Area (acre)Lot Width (fed)Front Yard (feet) Side Yard (feet) Side Yard Adjacent to Street (feci' Rear Yard Ifeet) 200 50 30 50 50 Sec. 78-420. Area, height, lot width and yard requirements RR-IB. (b} Lots. 'Ihe following minimum requirements shall be observed : Lot Area (acres)Lot Width (feet)Front Yard (feet)Side Yard (feet)Side Yard Adjacent to Street (feet) Rear Yard (feet) 2 200 50 30 50 50 m-5038 July 8,2004 Page 2 of 3 Lkt of Exhibits A. Application B. Existing and Proposed Survey C. Property Owners List D. Plat Map Background Darrell and Karin Anderson have made an application for lot line rearrangements for properties located at 900, 925, and 965 Old Long Lake Road. The Andersons are the owners of 925 Old Long Lake Road and they made application in June 2004 for front yard, and side setback variances in order to rebuild a new residence on the property. The Planning Commission indicated at the June 21 public hearing that they would not support side setback variances on this property. The Andersons were directed to redesign their proposal to meet setbacks or to acquire the property necessary to meet the required 30 ’west side setbacks for their rebuild. IJie Planning Commission also indicated that they were aware that the properties at 925 and 965 Old Long Lake Road were '• currently less than 2 acres and stated that they would support a lot line rearrangement.. spite of the substandard size of the lots in this situation. Currently, the northern most property line of 925 Old Long Lake Road is on the north side of Old Long Lake Road, across the road from the property. One goal of the lot line rearrangement is to clear up this property line At this time, the Andersons in conjunction with Bruce Dayton, the property owner of both 900 and 965 Old Long Lake Road, are requesting to rearrange existing lot lines on alt three properties in order to alleviate the problem with substandard side setbacks on 925 Old Long Lake Road and to straighten out the lot line along Old Long Lake Road between 900 emd 925 Old Long Lake Road. Because this is a lot line rearrangement which results in no additional lots, no park fee or stormwater trunk fee will be required. Lot Area Analysis Gross Lot Area Including 66' Road Right of Wav 900 Old Long Lake Road (Dayton) 925 Old Long Lake Road (Anderson) 965 Old Long Lake Road (Dayton) Existim ProDOsed 38.0 acres*38.2 acres ± 1.402 acres 1.375 acres 2.006 acres 1.871 acres Conformance with Zoning Ordinance Currently, out of the three existing lots only one (900 Old Long Lake Rd) meets the area and width requirements of its respective Zoning District. After the lot line rearrangement, the two lots which are nonconforming with respect to area will remain nonconforming, and 925 Old Long Lake Road will be closer to meeting the lot width requirement. i J1 #04-3038 July 8,2004 Page 3 of 3 Issues for Consideration I. Are there any issues or concerns with this application? Staff Recommendation Staff recommends approval of the subdivision of the lot line rearrangement with the following conditions: 1. The portion of property labeled on survey as “to be deeded to Dayton ” shall be legally combined with the property at 900 Old Long Lake Road, and 2. The portion labeled on the survey as “to be deeded to Anderson” shall be legally combined with the property at 925 Old Long Lake Road. Because this is a lot line rearrangement which results in a no additional lots, no park fee or stormwater trunk fee will be required. 1-:City of Orono Subdivision Application I Street Address: 2750 Kelley Parkway Orono, MN 55356 Main: 952-249-4600 fax; 952-249-4616 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 This application form must be completed in full. Application # ^ Date Received; W Amount Paid; cIToO. ~ Staff; /O Fee Cj.: CO- o o_________ Renewal ------------------ PROPERTY INFORMATION: Site Address: 2 i>' oul jCc.\el\ Property Identification Number (PIN): 3 V - ! i*S 2 -^i (Attach legal description to application if oot jpcluded^pn the survey.) r Cid Lc.i^ Lm.U^ Ozw'' !*. iJ /-■ - C> t.'e'’ • 7 4* ~! t 9 ■ t ^ f' cc 7 3S Jtf 1 j /'v.cce‘ k J J . T I ■■ Date Property Acquired (month/year):'’ ‘‘ *■ 'i'i'yt’ri't t3* Abstract or □ Torrens, please check one Present use of property; Q Residential □ Other Zoning District: /?f? / ti_____________ APPLICANT INFORMATION: (Complete legal names and marital status required for each interested party) Name; »*»•<•<*»'> .i»7./ vs/'.i-G lKc\ir.tt Phone (home). v Vj / V^ v- Phone (work); Address; _2c^ >-i/. t.- g/i /,-l _________________________________________ Email;l('c\Y': !1 0>\ trrf H A »r? S’C c'ir}Fax: OWNER INFORMATION: (Complete legal names and marital status required for each interested party) Name, \ ^ r*. i ,.*i i,^,^ /. /* .-i f Phone (home): Address: 7^Phone (work) Email;Fax: EXISTING LAND USE: Number of Tax Parcels; Development Size;Acres Dry Lard Acres Wet Land Acres TOTAL, all parcels Present Use (check one) Present Zoning District □ Residential; Number of Units: □ Other; (Specify) ________ na iiS__________ Proposal: □ D vision for Tax Purposes Lot Line Rearrangement Only (no new building sites) □ Subdivision for New Building Sites Number of Building Sites Proposed Gross Density Minimum Lot Size 'Proposed Use (check) Existing Units New Units Total Units Units per Acres Square Feet Dry Buildable Land□□Residential Other (specify) •10 MINIMUM MATERIAL REQUIRED FOR COMPLETE PRELIMINARY APPLICATION 1. Payment of fees (refer to "application fees" listed below). 2. Completed application form. 3. Preliminary plat information on Certificate of SuwByv Certified Property Owners List of owners withii( 350j(you must obtain this list from Hennepin County Department of Finance, Government Center, A-603 300 SouthiV^^treet, Minneapolis, telephone 612-348-5910). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 4. MINIMUM MATERIAL REQUIRED FOR COMPLETE FINAL APPLICATION 1. Payment of fees (refer to Preliminary Subdivision Approval resolution and park fees if applicable) 2. Signed Certificate of Survey or mylar copies of formal plat. 3. Title opinion. 4. Easements, covenants, etc. 5. Developers Agreement and Letter of Credit. APPLICATION FEES (Zoning Administrator to check (X) those which apply) A. Application Base Fees: ____ Sketch Plan Review (Class I. II & III) $350.00 Subdivision of a Lot Line RearrangernsoLSfiQO.OO TOTALS X Subdivision Application (Class I & ll)V$600£0) ___ Preliminary Subdivision Application $t5oT30 + $30 00/lot (Class III & all non-residentiai) ___ Final Plat Application (Class III) $250.00 ___ Legal Review and Filing:--------^ ____ Subdivision only,^$140.0g / ____ Subdivision w/easSments and covenants: minimum $280.00 + any additional costs ___ Park Fees (to be determined per Section 82-227) ___ Legal and Engineering Review Fees (as incurred) ___ Renewal of Class I. II, & III Subdivision and of a Lot Line Rearrangement Application $300 00 B. Special Improvement Fees: ___ Proposed Private Roads $650.00 $ 50 per lineal foot; ____ Proposed Public Roads $950.00 $.50 per lineal foot; _lin. ft. X .50 = $. Iin. ft. X .50 = $ Request for City to Accept Existing Private Road $950 00 ___ Proposed Sanitary Sewer Main Extension $275 00 $25/stub ___ Proposed Watermain Extension $275.00 $25/stub ___ Proposed Storm Sewer System (excluding culverts) $250 00 ___ On-Site System. Site Evaluation Review (applicable to rural subdivisions) $60/per lot x C. Flexible Application Fees/Miscellaneous Fees ___ Variance $600.00 ____ Vacation of Public Road $75 per benefiting property ($600 minimum per application) ____ Easement Vacation Associated with a Subdivision $100.00 ____ PRD Application with Subdivision $35 00 per dwelling unit new lots The applicant hereby agrees to provide all information required or requested by Planning Department Staff, City Engineer, City Attorney. Planning Commission and Council necessary to process this application and further agrees to pay all additional fees established by ordinance. Applicant’s Signature: \ ll ^ ~'Z3 ~gU - * Owners Signature:I _______________________________Date: C>~ if - cu Applicant must have all submittals into the City Office 25 days before the Planning Commission meeting. Planning Commission meetings are held on the third Monday of each month. Applicants must be present at 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 agent attend in your place and to advise the City Planner assigned to your project of this change prior to the meeting. -11 - DATA PRIVACY ADVISORY In accordance with M S. 13.04, Subd. 2, "Rights of subjects of data", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: 1. The information you furnish wili be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under M.S. 13.04 (see following page) to review private data on yourself. 6. Your full name is required to process this application or permit.LL.MIDDLE LL.'.f ? <.* / (I ll 1 ► »/. in LAST ADDRESS i 'U-'. 1 y- •/ / s A l 9 / CITY STATE. ZIP PHONE I understand my rights as stated above. Signature -14- Sec.13.04 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; (1/ whether he may refuse or is legally required to supply the reques:ed 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 may place the notice reauired 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 within five days of the date of the request, excluding Saturdays, Sundays and legal holidays, if immediate compliance is not possible. If he cannot comply with the request 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. . ! -15- 90 00 •.M gr *i< f»|t M^r W *«< tf >/« « liC. N 69*5200* E 366 30 EXISTING WVIOINO........ line OLD LONG LAKE ROAD (FORVERlY CO. RO NO 2T) iH er M f.t’ ►K* » >•« M « Hv • 5ED LOT LINE REARRANGEMENT FOR DAYTON & DARRELL ANDERSON HE SE 1/4 OFSECTION 35-118-23 iNNEPIN COUNTY, MINNESOTA H P«0**f RT> M or tw kAnmtng propfTy OtO**^*^ M • PC^ O*' H<irV« W>« 0# 35 Tov^ttMV «15 Nom^ 33 WWI of •« 5* Pnrtc<!af MO’KJ.O t 0«L»r^i *M 3 tool VSt0tl amm ol 5outf«oo*l Uotvnw. •«««:• Sou>« p»oli«< t« Lo«t hno of goid Sokthookt NO—t»»N Irto 0* U S N o \3. Ihofico »wywwi»fN itong m« NgN«ay «no le ■ puNt ho Wool N«o of tw LoM Ho« of bom SouVtoooi Owortor f««nco N<m«i to o pcw4 on fw Honn MSI Oiiadw 90 fool toot el too No<«Most cofnor of too Cool Hoff of soid Soutooosi Owadof < to too powt ol Ooynwng ISOH PROPERrV Ml MOf of 9M U onoost Quoflof tfl S«.Oom 5» To»«>«Np fit Nofto Rongo 33 Wo«l of too 5* ooscftood 00 toOuos SogowOng m o poro on too No*to »no of soM Sowtooost Ooorlor Ooltm P too Uai to« of om9 8o«4hoool Ouortor. toonco Socto pmoM «Hfi ooM Eom kno to too OV hno Ilf U 8 TronO Hiorwvoy Mo 12. toonco ooytooosaody ofong Mto ooito«*y ngN'Of-ooy >*>0 Mf Wool of too toM kno of ooto Boutooooi Oooftor toonco Node potoOoi «Mto soM Foot ono to Ito lonf loeo Rood tlonnof% Couniir rood No 27) toonco oosiOfN dtong sold coroorono to 0 Wool wi SOM tool knoL toonco Norto ponOoi «oto soM Uot Ino to ooto Mofto »no toonco Wool too le too OOM of OogmMng oMopi «Mi 90fi of soM trod Souto of tod ScMR On# of too of SOM tool Mod of too Soutooosi Ooodor MSrCRRtD f ROM DAYTON TO ANDERSON Ml 30 toot of too tolDwtot doooftooe ptodortY > 239 5 tool of too toOoal^ Soocftood propofto Sogmng gl o potol on too Noito hno of too I CrijMtor of toctoto 36 1ownd«« ffS Noito Rongo 23 Wool of too 9* RytoCtoto Uontoo«v • 3 tool Wool of too NtototoWR oonwf til ooM Soutoooot Ouortar toonco Souto porooM «oto too jf sow tadhooot OHdftof to tto iirrioMior) mo of u S HgN—y No i2. toonco nofthoMsiorty I R^NWy mo to 0 fdM « tool Coot itom too WoM mo of too tool Hod of som Soutooosi honoo Nofto to 0 dotol on too Norto mo cd OOM SewtoMosi Ouonof to tool Eooi of too Noiv>«o« ho tool Mod of SOM Soutopoti Onoftof tooroof toonco Coot totoopewtaf Oogswlng Sy of too comutoM of Long loM Rood MSdtRRCO FROM ANOCRSON TO OArtON oftoo'tootHMfdf tooSoUhooNQuortorof tooion 36. ToostoNp 1ft Nofto. Rongo 23 Wool of ncapot Morstoon. dooeitood oo NOows Sogswng oi o poinl on too Noto mo of soM Soutoooot ■tonf m 3 tool Wool of dto Eoomno of foM Soiftoodot Quofinr toonot Seuto pof otof oNh OOM ID too lootofly rtoN<ol<MOy mo Of U t TiunO ISghwoy Ho 12 toonco youtoooitotty Mong sou igtRdf—y mo Id ipp«n| 799 • toot WOM M too tool mo of sM SoutoooM Ouo<tor Ihonco Mtol om OOM tool ono to too cortowno of too Long LiAo Rood (taniwiy County mod No 27). Mtorty odU OMMwtoto to o poui 751 2i tool Wool of sou tool mo. toonoo Nofto oorMtoi toot mo to SM Mofto mo toonco WoM otong soM Ham mo to too port of oogunng omoi of sad ooM lytof Souto of too Souto mo of too Nofto 19000 tool of sou loM HMf of too • Ouoitof dy of too oontofOno of Long LOOO Rood 30C2i OAVTON PROPERTY 2 006*. ACRES BEFORE 2 033d-ACRES AFTER / tXSTiNO HOUSE PROPOSED OtViOiNG LINE ^** 9 EXISTING 0ARA«3E 33160 3000 S89*521Xr W 363 60 N 89*32 00* E ^'46 09 pT .......... 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TiawsMp 1H Morto Rongo 23 Wdsi of too 5 Pnnogol MmW doocftood os kaOunrs Bogtorug ol o peui on iho NodMno o'SOU Scx4htasl dtotoni toM 3 fool WoM of too Com m# of sou S<Mtoo«si Quon«r. toonco Souto paotto «on s»d COM kno to too COMOMy ngN-of-moy mo of U 8 Trunk High^Sf H- |2 toofxo souCuktto'N Olong y nn oostony ngm-of-tooy kno to oppomi 799 • tool Wtsi of too tost mo of sou Soulhoosi Ouonor tooruo Ntoto porosM om sou Cost mo to too ooniormo of mo Long lom Rood »nr«nofH Couriv rood no 2<*j toonco oostony Mong sou contormo to o poor 75i 2i fool Wfsi of sou Cam m# toor^;# .Sato oArafoi ••to sou Cost kno to sou Nofto kn*. toonco Wost oung sou Sorto kno to too poul of bogrvsng tscepl ^ port of SOU tOCt lying S(Mh of to# 8outo kno pf VO Surtfl 590 00 toot Of soU Loki Hof of ku Soutooooi Ouortor totoch Its rurtfurty of too comoimo of Long LoM Rood AWOCRSON PROPERTY AFTER TRANSFER TTui port of too kadowtog doscfttod proporiy T*** too SadhooM Ouortor of SocRen 35 Tcumship 1 if North Ronao 23 Wos! of A, ***T’^-*fyy*^ doocrUM Ok MArnrtL Boguntng ol 0 pokM on too North mo of sou SoutoOHi Ouorw tootoni 9M 3 HM Wosi 0# too Eosi kno of sou SouthooM Ouortor toonco Socto poroAM •dh sou Eosi ino to too iosiofiy rtgnf-of-euy ino of U S Tn^ NuiHvoy No 12 tooncu soutooosMrty ouru sau •ooMrty R|h«.of-*oy kno to Oppork 799 • fool WoM of too EoM kno of kuu SoutoooM OoortAr toor«A PMOOoi «m SOU EoM kno to too CAotarlino of too tong Loko Rood i»on^y Counfy MOd So 2'f tow OMlony otong SOU csntormo to o port 751 21 loot Wosi of sou CoM mo toonco North p«a:M ^ sou EoM mo to sad North kno. toonoo WoM oortg sou North kno lo tn« port of bogi*wng okom M PMT of kou koct Vtog SoMh of too Souto Ino of too Norto 590 OC tool of kAU Lost Hod of to SOkdhOOM Ouortor loo souihorty Of too conkamo of Lar^ LMm Rood TiUI pdft of todiE^ 30 todi Of tod tolosnng dooertodd prooorty p'*A**** • toM of to# tom«^ ddsortood property Bogmnipg or ■ port on too Norto mo of to« ***dhaool OuOrtM of Socoon 35 Toansh® 11f North Ron^ 23 WoM of to* 5* Prkxuoi kMrUA»L toMoM 889 3 tool WoM of too Northo^ comor of SOU SoutoooM (iurtor tooncu South porokM rrto too ^•f* ** SwdhooM Ortrtor M Iho northoooiony mo eUl S No 13 toonco northiooiafy Otong SOU h^haoy kno M 0 pert 90 tool EoM hom too Wool too of tfu EoM HMf of sad Sarthoosl O'^d'id*’ tMtioo Norti to 0 port on too Norti tou of soU Sautooooi Ouortor 90 tool EaM af too toortoutsi ■ „ . ®®"wr of too EoM Hod ef soM SuiUtoAM Ouortor tooruof. toonoo CoM to Ou port M boywkng Whch kos ooiAhorty of too coniorttoo of Long Lam Rood POND i-y S 99*5200* W 99 59 ’ .•* 709 8 vV- VI Olga w g *5Sii3gS ogg**’ oioco|-' (/) n UI s o63oj3 Sili CQoSu ZSzo S|5“- I ! 1! I'!0\\ 5;«* ''V''--1M V;sS;! j-bNii.i! \rill ■ RUN0AIL:W«/2UH 38 3SI 18231 lOOOl PROP AOOR 38 ADDRESS UNASStGNED OWNER NAME SPRING HILL GOLF CLUB TAXPAYER SPRING Hia GOLF tXUB NAMli/ADOR 700 SPRING HILL RD WAYZATAMN 55391 38 3511823130003 PROP ADOR 1000 OLD LONG UKE RD OWNER NAME R C REED & S L JOHNSON TAXPAYER H C REED A S L JOHNSON NAME/AODR 1000 OLD I.ONO LAKE Rl) WAYZATAMN 55391 38 3511823140004 PROP ADOR 450 LONG LAKE Rl) E OWNER NAME BETTY L HAMMAN TAXPAYER ULITY LOU HAMMAN NAME/ADDR <50 E lX)NO LAKE RD WAYZATAMN 55391 38 3511823140008 PROP ADOR 900 OLD LONG LAKE RD OWNERNAME BRUCEBDAYTON TAXPAYER OKABENA COMPANY NAME/ADDR 5140 NORWESTCLNTLU MPLSMN 55402 38 3511823410003 PROP ADDR 965 OLD LONG LAKE RD OWNERNAME ORUCEB DAYTON TA^AYER OKABENA COMPANY NAME/ADDR 5140 NORWEST CENTER MPLSMN 55402 38 35II8234KXKIA PROP ADDR 920 WAYZATA ULVD W OWNERNAME DEANDERSONETAL TAXPAYER DARRELL E ANDERSON NAME/ADDR 920 W WAYZATA BLVO WAYZATAMN 55391 HENNEPIN COUNTY PKOPEKTY INTORJVIAIION SVSlbM PROPERTY OWNERS LIST 38 35IIB23M 0002 PROP ADDR 38 ADDRESS UNASSIGNED OWNERNAME CO OP HENNEPIN TAXPAYER HENNEPIN COUNTY NAME/ADDR RKSIIT OF WAY DIVISION 1600 PRAIRIE DRIVE MEDINA MN 55340 38 3511823140002 PROP ADDR 550 LONG LAKE RD E OWNERNAME M R TAYLOR IIA C S TAYLOR lAXPAYER M R TAYLOR IIA C S TAYLOR NAME/AODR 550 LONG LAKE RD E WAYZA1AMN 55391 38 3511823140005 PROP ADDR 430 LONG LAKE RD E OWNER NAME I.OIS M STURMAN TAXPAYER LOIS M STURMAN NAME/AODR <39 E LONG LAKE RD WAYZATAMN 55391 38 15II8234IOOOI PROP ADDR 8<0 OLD LONG lAKI; RD OWNER NAME STATE 01 MINNESOTA lAXPAYER ONR REAL ESTATE MOMT NAM li/ADDR ATTN DEBBIE GURT IN 500 LAFAYETT E RD ST PAUL MN 55155 38 3511823410004 PROP ADDR 970 WAYZAT AOLVDW OWNERNAME R A BALES43 TBALES f^^p^YER REED BALES 4 JEANNE DALES NAME/AODR 929 WAYZATA OLVD W WAYZATAMN 55391 38 3511823410015 PROP ADDR 825 OLD LONG LAKE RD OWNERNAME BRUCEB DAYTON TAXPAYER OKABENA COMPANY NAMFMDDR 5140 NORWEST CENTER MPLSMN 55402 38 3511823130002 PROP ADDR 455 LONG LAKE RDE OWNERNAME Cin'OFORONO TAXPAYER CITVOFORONO NAME/ADDR BOX 66 CRYSTAL BAY MN 55323 38 3SIIR23I40003 PROP ADDR 460 LONG LAKE RD b OWNERNAME J R BHAUCHAINE ETAL TAXPAYER JAMES R BFAUCHAINE NAME/ADDR 460 LONG LAKE RD F. WAYZATAMN 55391 38 3511823140006 PROP ADDR 990 OLD LONG LAKE RD OVk'NERNAME BRUCE 0 DAYTON TAXPAYER BLISS 4 CO NAME/ADDR 990 OLD LONG LAKE RD WAYZATAMN 55391 38 351182)410002 PROP ADDR 985 OI.DLONGIAKERD OWNERNAME RICHARDG RINEHARTETAL lAXPAYER RICHARDG RINEHART NAML/ADDR 985 OLD LONG LAKE RD WAYZATAMN 55391 38 351182)410005 PROP ADDR 925 OLD IZ3NG LAKE RD OWNERNAME DEANDERSON4KII ANDERSON TAXPAYER DARREU4 KARIN ANDERSON NAME/ADDR 925 OLD LONG LAKE RO WAYZATAMN 55391 38 3511823410020 CROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME STATE OF MINNESOTA TAXPAYER DNR REAL ESTATE MCMT NAME/ADDR ATTN DEBBIE GURTIN 500 lAFAYETTE RD ST PAUL MN 55155 ^fcb i f: >; 1 i?' 55 fesi 1'. RUH DATE: 604/2004 38 3SI1823420001 PROP AOOR 1003 OLD LONG LAKE RO OWNER NAME D A RtSTAO A K E CASSIDY TAXPAYER DONALD RISTAD A KENT CASSIDY NAME/ADOR 1005 OLD LONG l>KE RD WAYZATAMN 53391 38 3611823220002 PROP ADOR 765 SPRING HILL KD OWNER NAME FREDERICK WINSTON ETAL TAXPAYER FREDERICK WINSTON NAME/AODR 765 SPRING HILL RD WAYZATAMN 55391 1 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 72 3511813420002 PROPAUDR 1045 WAYZATABI.VDW OWNER NAME EDWARD V PETERSON A WIFE TAXPAYER EDWARD V PETERSON NAME/ADUR 1045 WAYZATA BLVD W WAYZATAMN 55391 72 3511823420040 PROP A DDR 305 LINDA WOOD U OWNER NAME HENNEPIN FORFEITED LAND TAXPAYER CITY OF LONG LAKE NAME/ADOR 1964 PARK AYE LONG LAKE MN 55356 38 3611823220003 PROP ADDR 755 SPRING HILL RD OWNER NAME F WINSTON A EC WINSTON TAXPAYER FREDERICK WINSTON NAME/ADDR 765 SPRING HILL RO WAYZATAMN 55391 38 3611823230002 PROP ADDR 3? ADDRESS UNASSIONED OWNER NAME STATE OF MINNESOTA TAXPAYER DNR REAL liSTATE MGMT NAME/ADDR ATTN DEBBIE CURTIN 500LAIAYLIIERD ST PAUL MN 55155 OFTHE HEnNEPIN COUNTY TAXPAYER SERVICES DEPARTMENT. TO THE BEST JL • 5 ) I” 7 .aV- i-... C ^ DATE: August 5« 2004 ITEM NO: Oj REQUEST FOR COUNCIL ACTION AUG 0 9 2004 CITY OF ORONO Department Approval: Name Ronald J. Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Proclamation-NationJif Marina Day Attached is a letter from Roxanne Rockvam requesting the Council to proclaim August 14 as National Marina Day. The National Marina Day proclamation is attached for the Council's consideration. COUNCIL ACTION REQUESTED Motion regarding the National Marina Day proclamation i ' I ' iff* I June 1,2004 MAYOR BARBARA PETERSON 1261 Arbor Street • PO Box 164 Cr>stalBny,MN 55323 Dear Ma\or Peterson: Enclosed please find m> request to proclaim August 14, 2004. National Marina Day in the City of Deephaven. I am requesting the 14 cities of Lake Minnetonka recognize this date, together, as National Marina Day on Lake Minnetonka. National Marina Day recognizes the important recreational, environmental, and social contributions marinas make to thousands of waterfront communities all across America. Nationwide over ISO marinas celebrated National Marina Day in 2003. Our rnaiina's event was a huge success because not only was it a benefit to our cominunitv but also it helped put Minnesota Ix^ating in the national spotlight. I am e*.cited to announce that our marina was recognized nationallv with the 2003 liest LiKal Political Advocaev Award for our National Marina Day event. It is because of the participation of the Hennepin Count) Sheriffs Water Patrol. Mound Volunteer Fire Department, Minnetonka Power Squadron, and visits by our State Representatives. Senator Gen Olson and Representative Steve Smith, in addition to the official State of Minnesota Proclamation, that we were recognized. We feel honored to receive this award but aie more excited for bringing a national spotlight to boating on Lake Minnetonka and m Minnesota. I.ake Minnetonka's marinas serve as gateways to boating for thousands of people seeking to enjoy our waters. Whether thev are cruising, sailing, fishing or participating in water s|xnls. boaters look to marinas to provide the facilities and serv ices they need to get their voyages off to the Ixst possible stall. This includes the marina's leadership in safeguarding the environment and serving as boater education centers, which is important not only to today's boaters, but also to future generations. I here fore, the role of the l.ake Minnetonka marina is not just a '’parking lot for boats", rather it's as a strong, v ibrant community of families and friends united by a shared passion for the water. Now. more ihaii ever. Minnesotans need clean, safe and relaxing locations at which to spend their leisure hours. On behalf of the Lake Minnetonka's Marinas, on this National Marina Day. we respectfully request you proclaim August 14, 2004. National Marina Day in the City of Orono. Enclosed please find our priKlamation. I understand your schedule is busy, however, if you are in the Spring Park area on August 14. 2004.1 would like to invite you and your family to participate in our National Marina Day celebration. Please feel tree to contact me if you have any questions about National Marina Day. or our celebration at Rockvam Boat Yards, I can be reached at 952-471-9515. Sincerelv, ^ / Kuxuniie kockvam ' NMD National Board Member Roxsnne Rockvam - P.O. Box 88 • Spring Park, MN 55884 - RRockv&n<^rbyicom • 952-471-9515 1 A RKSOLUTION PROCLAIMING NATIONAL MARINA DAY 2004 WHEREAS, \vc, the citizens of Lake Minnetonka, place a high value on our recreation time and our ability to access one of America’s greatest natural resources, its waterways; and WHEREAS, in 1928, the word “marina” was used for the very first time by the National Association of Engine and Boat Manufacturers to define a recreational boating facility; and WHEREAS, Lake Minnetonka is home to several recreational boating facilities that contribute substantially to their communities by providing a safe, reliable gateway to boating for members of the community and welcomed guests; and WHEREAS, Lake Minnetonka's marinas also serve as stewards of the environment, actively seeking to protect the surrounding watciAvays not only for the cnjo>Tncnt of this generation, but for generations to come; and WHEREAS, Lake Minnetonka's marinas also provide their communities and visitors to the State of Minnesota a place where friends and families, united by a passion for the water, can come together for recreation, rest and relation; and WHEREAS, Lake .Minnetonka’s marinas provide an environmentally friendly gateway to boating for the citizens of and the visitors to the State of Minnesota. NOW, THEREFORE, BE IT RESOLVED by the Orono City Council that August 14, 2004 be designated the first annual National Marina Day in order to honor Lake Minnetonka's marinas for their contributions to the community and to make citizens, policy makers and employees more aware of the overall contributions to their well-being; and BE IF FURTHER RESOLVED THAT our city, the City of Orono, joins hands with other Lake Minnetonka cities and thousands of waterfront communities all across tlic United States in celebrating this day, and docs hereby proclaim Saturday. August 14, 2004 as "NATIONAL MARINA DAV'" in the City of Orono, Minnesota. Adopted at a regular City Couneil meeting held August 9,2004, A T TEST; Linda S. Vee, City Clerk Barbara A. Peterson, Mavor Truck, Polar Chevrolet, North St. Paul MN $19,357 Radio, Strobe Lights, & Safety Equipment $1,400 Tool Box $1,000 Rust Proofing $750 License $50 6.5% MN Sales Tax Paid at Time of Ucensing $1,470 Total Co.st $24,027 MrcT,MQ V AUG 09 2004 "E: August 9,^20of ^ OHO/vo VI NO.: / '3— Agenda Section: :cs Director's Report Project- Resolution ur properties in the vicinity rrty owner for 2100 Sixth ^r the replacement of a d for three sewer units at ssessed for one sewer unit. :d for all of the sewer units le project ba.sed on being ion to the sewer system. sessment wa\ er requesting assessment for the $8,500 Juction of $8,500 for the emaining property at 2080 : same procedure will be •ting an assessment for the : a reduction of $8,500 for sewer project connection :wer extension assessment A RESOLUTION ADOPTING THE BROWN ROAD N./ COUNTY ROAD 6 SEWER PRO.IECT CONNECTION CHARGE ASSESSMENT ROLL WHLREAS, the property ow ner at 2145 Sixth Ave. North has signed an assessment waiver, waiving all applicable asses.sment procedural requirements, and requesting to be assessed for the connection charge for the Brown Road K./ County Road 6 Sanitary Sewer Extension improvements. Mimicsota: ^^W, THEREFORE, BE IT IHsSOLVED, by the City Council of Orono, 1. 2. 3. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefitted by the proposed improvement in the amount of the assessment levied against it. Such assessment shall be payable in equal annual installments extending over a period of 15 years, the first of the installments to be payable on or before the first Monday in January 2005 and shall bear interest at tlie rate of 6.25% per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31,2005. To each subsequent installment when due shall be added interest for one year on all unpaid installments. The owner of any properly so assessed may, at any time prior to certific '.ion of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; and he may, at anytime thereafter, pay to ^e City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest w ill be charged through December 31 of the next succeeding year. Partial prepayment may be allowed in accordance with ordinances which are existing or which the City may choose to adopt in the future. Page 1 of 2 „ i PRO.IECT lOLL illi has signed an asscssmeiu requesting to be assessed lor Sanitary Sewer Extension e City Couneil of Orono, and made a part hereof, is nst the lands named therein, bcnefitted by the proposed \tending over a period of 1 5 lie first Monday in January 11 the date of the adoption of idded interest on the entire 2005. To each subsequent 1 unpaid installments. •rior to certific. ‘'on of the neiit on such pntperty. with cept that no interest shall be s •'’■om the adoption of this ea.surer the entire amount of liber 31 of the year in which . ember 15 or interest will be Partial prepa\ ment may be hich the City may choose to nsRasu .V \ ^ *Jk *V^i3jri • ••.'■ *■ i- }, V ' V-'^V .•/ '■■M- :!\0:.':.^'^r : ■ ■'! ' “.' t \' \ ’X* 4 Assessment Roll for Brown Road North/CRu Sewer Conneetion Charge Date: 09 August 2004 Municipal Code: 38 Municipality: ORONO Levy Number:Levy Description: Brown Road Norfh/CR6 Sewer Connection Charge Total Project Assessment: $8,500.00 Interest Rate: 6.25%Number of Years Payable: 15 Pin Number Total Principal Property Owner’s Name Property Street Address Property Owner’s Mailing Address 27-11 8-23-3 1-OOM $C,500 00 R W. St M il. Dewitt 2I4S Sixth Avc N,2I45Si\th Avc N. Long Lake MN 55356 Total Assessment $8,500.00 V. ‘ i A RESOLUTION REVISING THE BROWN ROAD N./ COUNTY ROAD 6 SEWER EXTENSION ASSESSMENT ROLL WHEREAS, on November lO"' 2003 the Orono Cit> Coun<*»l approved Resolution No. 5077 adopting the asse.ssment roll for the Brown Road N./ County Road 6 Sanitarj’ Sewer Extension improvements as Le\7 No. 15914. and this levy included a 15 year assessment at 6.25% interest in Ihc amount of $25,500 beginning in 2004 against the property at 2100 Sixth Avenue North, PID# 27-118-23-31-0024. WHEREAS, after assessment of the year 2004 principal and interest the current principal amount remaining on the assessment for the property at 2100 Sixth Avenue North is $23,800 for tlie remaining 14 years of the assessment. Minnesota: NOW, THEREFORE, BE IT RESOLVED, by the City Council of Orono. Hereby approves a reduction of $8,500 for the assessment against the property at 2100 Sixth Avenue North, PID^ 27-118-23-31-0024, resulting in a principal amount of $15,300 for the remaining 14 years of this a.ssessment. Adopted by the City Council of Orono this 9th day of August, 2004. A'TESr: Linda S. Vec, City Clerk Barbiira A. Peterson, Mayor CITY of ORONO RESOLUTION OF THE CITY COUNCI L NO. 0 ^ -r A RESOLUTION ADOPTING THE BROWN ROAD N./ COUNTY ROAD 6 SEW ER EXTENSION ASSESS.MENT ROLL WHEREAS, the property owners have petitioned for an assessment sanitary sewer project and have signed assessment waivers, waiving all applicable assessment procedural rccjuircmcnts. and requesting to be assessed for project costs for tne Brown Road N / County Road 6 Sanitarv Sewer Extension improvements. Minnesota: NOW', THEREFORE, BE IT RESOLVED, by the City Council of Orono. 1.Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefitted by the proposed improvement in the amount of the assessment levied against it. Such assessment shall be payable in equal annual installments extending over a period of 15 years, the first of the installments to be payable on or before the first Monday in January 2004 and shall bear interest at the rate of 6.25% per anrum from the date of the adoption of this assessment resolution. To the first installment sha'l be added interest on the entire assessment from the date of this resolution until December '1, 2004. To each subsequent installment when due shall be added interest for one year on dl unpaid installments. 3.T he owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accimed to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution, and he may, at anytime thereafter, pay to the City Treasure • the entire amount of the assessment remaining unpaid, with interest accrued to December 3 1 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. Partial prepayment may be allowed in accordance with ordinances which are existing or which the City may choose to adopt in the future. Page 1 of 2 CITY of ORONO RESOLUTION OF THE CITY COUNCI L »!#-» B n 'A'NO. _____* 1. T 4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the propert>' tax lists of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes Adopted by the City Council of Orono this 10th day of November. 2003 ATTEST: i V‘ Linda S. Vee, City Clerk Barbara .A. Peterson, Mayor Paee 2 of 2 Us Assessment Roll for Brown Rond N./ County Road 6 Sanitary Sewer Extension Dnic: November 10, 2003 IVfiinicipnl Code: 38 Miinicipnlily: ORONO Levy Number: I ^ ^ ^ T«t;il Project Assessment? 534,000.00 l,cvy Descriplion: Brown Rond N./County Rond 6 Snnitnry Sewer Extension Infcrcxf Rnfc: 6.25% Nnmhcr of Yenrs Pnynbli*: 15 PID/t Tolnl Addition l.ot Block Principnl Code H Owner’s Nnmc Street Property Address Mailing SlrceC Address Mailing City Address Units k j T REQUEST FOR COUNCIL ACTION •itfrcTlIVjQ AUG' 0 9 20D4 CITVOFOROf.^O DATE: August 4, 2004 ITEM NO: Department Approval: Name LinVee Title City Clerk Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Appointment of 2004 Primary Election Judges -Resolution Background State Statute 204B.21, Subd. 2 states that election judges for precincts in a municipality must be appointed by the governing body of the municipality. Recommendation It is staffs recommendation that Council adopt the attached resolution listing the names of qualified persons who have indicated their willingness to ser\'c as election judges at the Primary Election on September 14, 2004. COUNCIL ACTION REQUESTED Motion to adopt the attached resolution appointing election judges for the September 14, 2004 Primary Election. A RESOLUTION APPOINTING ELECTION JUDGES FOR THE PRIMARY ELECTION TO BE HELD SEPTEMBER 14,2004 WHEREAS, the City Council of the City ofOrono is required by Minnesota Election Laws 204B.21, Subd. 2 to ofTicialiy approve the appointment of election judges; and WHEREAS, the Orono City Council hereby adopts the judges listed on Exhibit A, hereto attached, as the official judges for the September 14, 2004 Primary Election, uith the understanding that amendments may be necessary to the appointments in order to fiP vacancies and meet party splits. NOW, THEREFORE, BE : i RF«OLVED, by the City Council of the City of Orono tnat the names listed on Exhibit A, hereto attached, are the official Election Judges for the City of Orono, Primary Election, September 14, 2004. Adopted by the City Council of the City of Orono, Minnesota, at a regular meeting held August 9,2UG4. ATfEST: Linda S. Vee, City Clevk Barbara A. Peterson, Mayor Page 1 of2 Exhibit A Election Judges for Primary Election on September 14,2004 Milton Bix Carolyn Byers Wayne Carrier Ann Cosgrove Lorin Derby Martha Oiesen Mary Lou Doherty Barbara Ericson Eleanor(Lou)Ferril Doris (Oorie)Finn Joan Fitzpatrick Harold Hanson Jeanette Henderson Arne Holm Ann Hommeyer Charles Hommeyer Sherokee Isle Susan Jellison Donald Kielley Nancy Krause Gale Landberg Chelsea Leskinen Denise Leskinen Jeanne Mabusth Melvin McKee Sara Mussmann Madonna Oas Phyllis O'Malley Aaron Printup Shirley Pyle Dixie Rinehart Emiko Saiki Julie Sherf Barbara Situs Marilyn Tho.ne Helen Toward Suellyn Tritz Page 2 of 2 Cni REQUEST FOR COUNCIL ACTION At/G (J 9 2004 CITY OF OflONO DATE: 8/9/04 ITEM NO: Department Approval: Name: Stephany Title: Chief of Police Administrator Reviewed:Agenda Section: Item Description: Request for Reassignment Exhibits: DISCUSSION: Jay Dembouski has served the Orono Police Department in the position of patrol sergeant for the past three years. Jay requested to return to the status of patrol officer for personal reasons. Jay served tf Orono Police Department as a Patrol Supervisor, the Training and Development Coordinator, the Field Training Coordinator, the Reserve Coordinator and recently assumed oversight for the Citizens Academy. He will be transferring all of the primary responsibility for these duties, and wishes to remain active with field training, the Reserve Program and the Citizens Academy. It is with great regret that the Police Department recommends that the Orono City Council consider his request. As a patrol officer. Jay will remain a respected, productive member of the Orono Police E)epartmcnl. This change in status, does not preclude Jay Dembouski from applying for and being considered for a promoted position in the future. C'OlIN('IL ACTION RKOL ’ES I El): Motion to accept the voluntary return to the rank of patrol officer of Sergeant Jay Dembouski, effective August 16, 2004. Orono Police Department Memo Tm Chief Good Piwn: Sgt Jay Dembouski OalM July 15,2004 KM Resignation Chief; I have enjoyed being a Sergeant with this police department but for personal reasons I would like to terKfer my resignation as a supervisor and return to being a basic patrol officer. Along with this resignation I would like to find another duty besides Training Officer. I did not volunteer to be training officer but was told by the previous administration that I had to do it. I never had the interest in it or the enthusiasm needed to be a really outstanding Training Officer. Also, frankly, I have done it for seven years and am completely burned out on it. I am quite willing to keep my involvements with the City of Long Lake, Field Training of new officers. Reserves, and the Citizens Academy. I would also be interested m taking on additlonai responsibility to pick up the slack. If needed I would be interested in taking on the property room. First Aid Supplies and the Benevolent Fund. I would be willing to continue as a supervisor, if necessary, until a replacement is found. I would like to dump training as soon as possible. I hope my resignation does not cause undo problems for you but I think it is in my best interest and in the best interest of the police department. . I 1^11 MPETir ->UG‘ 0 9 2004 REQUEST FOR COUNCII. ACTION I' OFORONO DATE: 8/10/04 ITEM NO: Department Approval:Administrator Reviewed:Agenda Section: Name: StephanyG Title: Chief of Police Item Description: Accept Resignation of Officer Jeff Johnson Exhibits: DISCUSSION; Officer Johnson hus been employed as u pail time police officer since 3/25/99, and as a full time police officer since 1/1/2000. On 7/26/04, Officer Johnson submitted his resignation. He has accepted an offer of employment as a (wiice officer with the City of Golden Valley. Jeff has done an outstanding job as a patrol officer. In addition to his patrol duties, Jeff did an excellent job in the design and implementation of property and evidence protocol, policy and procedures for liquor license investigations, background investigations, field training, and numerous other projects. It is with great regret that the Police Department recommends that the Orono City Council accept the resignation of Officer Jeff Johnson and wish him luck in his new department. COUNCIL ACTION REQUESTED; Motion to accept the voluntary resignation of Officer Jeff Johnson effective August 19, 2004. . I Memo July 26.2004 To: Sgt. Famiok cc: Chief Good Sgt. Morowc/.ynski Sgt. Erickson From: Officer Jeffrey Johnson Re: Resignation of Duties as Police Officer Dear Sgt. Famiok. Per depaiiment policy, as my immediate supervisor, I am notifying you that effective August 19. 2004,1 will resign my position as an Oiono Police Officer. It has been a difficult decision to leave this great organization. I would like to thank everyone that I have worked with and say that 1 have enjoyed my time working with the members of the Orono Police Department. I have gamed valuable knowledge and experience that I will never forget. 1 have made life long friends and colleagues that I will never forget. Phank you for iiie opportunity to serve this great community. ••rrT|^4Q AUG 0 9 2004 REQUEST FOR COUNCIL ACTION CITY OF ORONO DATE: 8/9/04 ITEM NO: /7 Department Approval: Name: StephanyG Title: Chief of Police Administrator Reviewed:Agenda Section: Item Description: Database Consulting Fee and Budget Adjustment___________________ Exhibits: DISCUSSION: Beginning in Murch 2004, rcprcscnlativcs of Medina and Oruno Police Departments, and the West Hennepin Department of Public Safety discussed issues with information sharing between depailmcnts with regard to a special project. The department heads agreed that it was necessary to build the appropiiatc internal computer software, and that the |>roJcct required contributions from e:ich entity in order to puKCcd. The cost was estimated at approximately $2,000. Technical consultation was provided by Stephanie Grande, who defined the scope of the project, analyzed table entity and data fields, and developed a project plan. Stephanie worked with our staff as a consultant to bring the project to a test phase. Also as our citizen voluntcei , she conlribulcd many hours of volunteer time to the project. She assisted our staff in obtaining and using computer databa.se training. The police department w ishes to reimburse Stephanie for her professional consultation on this project and is recommending that the Orono Council grant reimbursement for 12 hours $95/hour, totaling SI.14U. On 7/26/04, the Orono Council approved a $10,000 expenditure from the forfeiture fund for stait-up costs on a multi-agency project. The Police Department recommends that the proposed reimbursement of $ ,140 be taken from the $10,000. ( This allows the cost to be shared by all of the ilepartmenls that will use the software.) A budget adjustment was passed at that time. COUNITL AC I ION REQUESTED: Motion to approve consulting costs of $1 .140 to Stephanie Grande, and to thank her for her generous in-kind contribution. X I REQUEST FOR COUNCIL ACTION COllfc'^u »<ePTING AUG 0 9 2004 CITY OF ORO/VO DATE: June 10.2004 ITEM NO: /g Department Approval: Nime Lin Vee Title City Clerk Administrator Reviewed:Agenda Section: Licenses Item Description: List of Licenses for Council Approval SPECIAL EVENT PERMIT 1.Applicant:Paul Cady Event:Wedding Party with Music Location:465 Tumham Road Date:Saturday, August 14,2004 Time:5:30 p.m. - 1:00 a.m.; Music from 8:00 p.m.-l 1:30 p.m. 2.Applicant:Mike Swanson Event:Party with Music Location:3300 Navarre Lane Date:Saturday, August 14,2004 Time:Noon-Midnight; Music from 5:00 p.m.-9:30 p.m. 3.Applicant:John Terrance Homes Evem:2004 Fall Parade of Homes Location:2462 Sandstone Lane and 653 Sandstone Circle Date:September 11 - October 10,2004 Time:Noon - 6:00 p.m., Thursdays - Sundays COUNCIL ACTION REQUESTED: Motion to approve/deny the above listed licenses, with conditions if desired. * ..t U ’' \ CITY OF ORONO SPECIAL EVENT PERMIT Date Issued: Date of Event: August 9,2004 Saturday, August 14, 2004 Type of Event: Time: Location of Event: Wedding Party with Music (Approximately 200-250 guests) 5:30 p.ni. - 1:00 a.ni. 465 Tumham Road Name of Person(s) And/or Organization Sponsoring this EsenI: Paul Cady 465 Tumham Road Orono.MN 55359 Phone: 952-473-3232 The following documents are required and on file at the City Administrative Offices: • Approval from Orono Police Department • Approval fro” Orono Building and Zoning Department The following conditions have been placed on this event: By acceptance of this special event permit, die peimit holdei, on l>ehalf of any and all urgani/ations and private persons, grants authority to operate under the special event pennii, and agrees to indemnify and hold ham Jess the Cit>- of Orono from all claims arising from said event. The pemut holder, all organizations and private persons exercising authority under this permit, do waive and release all clauns against the City of Orono. its officers or employees for any damage to person or property arising from the exercise of privileges granted by this permit and agrees to hold hamJess the City of Orono, its employees and ofTicers from any such claim. The Orono Police Department and its ofilccrs are empowered to revoke this special event pemut at any time for any safety' concerns that are not immediately resolved by the permit holder or a representaiiv e of the pemut holder. This revocation shall cause the immediate cancellation of the event originally authorized by this permit. Parking must be linuted to one side of Tumham Road. Any vehicles that are parked and blocking the road are subject to towing if not inunediately removed. Live music to be allowed from 8:00 p m. - 10:00 p m. Music may continue until 11:30 p m. provided no complaints are reported. Police reserv e the right to end the music if the sound becomes unmanageable and or creates too many con^laints and/or is deemed excessive. Excessive noise can be evidenced tluough multiple complaints and no cooperation fromtlie homeowner in getting the volume turned down. Notification to be provided to the neighborhimd (including fumham Road, Chippewa Lane and i\'atertown'McCullcy Road aiea) regarding the event activities, hours, and a contact name aiul phone numbei for any questions or concerns regarduig this event. If liquor is available, it is not to be provided to persons under the age of 21 If there is a charge for liquor, a liquor license must be obtained Police may issue citations for any city or state ordinance or stamte violations. Approved at City Council meeting on: August 9, 2004 (City Seal) Ronald J. Muorse, City Administrator 2750 Kelley Parkway, P.O. Box 66, Cry-stal Bay, MN 55323 Phone; 952-249-4600 / Fax: 952-249-4616/www.ci.orono4nn.u3 CITY OF ORONO SPECIAL EVENT PERMIT Date Issued: Date of Event: Type of Event: lime: Location of Event: August 9, 2004 Saturday, August 14, 2004 Party with Music (Approximately 100 guests) Noon - Midniglit; Music from 5:00 p m. - 9:30 p.m. 3300 Navarre Lane Name of Person(s) And/or Organisation Sponsoring this Event: Mike Swanson 3300 Navarre Lane Orono.MN 55391 Phone: 952-471-0663 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 • Pioof of insurability for liability issues The following conditions have been placed on this event: • By acceptance of this special event pemut. the pemit* holder, on behalf of any and all organizations and private persons, grants authority to operate under the special event permit, and agrees to indemnify and hold lianiiless the Cit>' of Orono from all claims arismg from said event. The permit holder, all organizations and private persons exercising authority under this permit, do waive and release all claims against the City of Orono, its officers or employees for any da^mage to person or property arising from the exercise of privileges granted by this permit and agrees to hold harmless the City of Orono, its employees and officers from any such claim. • The Orono Police Department and its officers arc empowered to revoke this special cn ent pernut at any tunc for any safely concerns that arc not immediately resolved by the permit holder or a representative of the pennil holder. This revocation shall cause the immediate cancellation of the event originally authorized by this perant. • Parking should be limited to the south side of Navarre Lane. Any vehicles that arc parked and blocking the road are subject to towing if not immediately removed. • Live music to be allowed from 5:00 p.m. - 9:30 p.m. Police icsci ve the right to end the music if the sound becomes unmanageable and/or creates too many complauits and'or is deemed e.\ccssi\ c. Excessive noise can be evidenced tiuough multiple complaints and no cooperation from the homeowner in getting the volume nuned down • Notification to be provided to the ncighboihood (including Kenwood Way. Lafayette Ridge Court, Bawicw Place, Navarre Lane and Olive Avenue) regarding tlie event activities, hours, and a contact name and phone number for any questions or concerns regarding this event. • 1 he homeownei is responsible for patrolling the ncighboihood the following day and cleaning up any refuse from the party' that may be on neighboring properties. • If liquor IS available, it is not to be provided to peisons under the age of 21. If there is a charge for liquor, a liquor license must be obtained. • Police nuy issue citations for any city or state ordinance or statute violations. Approved at City Council meeting on: August 9, 2004 (City Seal) Ronald J. Moorsc, City Administrator 2750 Kelley Parkway, P O. Box 66, Cry stal Bay, MN 55323 Phone: 952-249-4600 / Fax: 952-249-4616 / w'ww.ci.oronomn us i CITY OF ORONO SPECIAL EVENT PERMIT Dale Issued: Date of Event: Time: August 5, 2004 September 11 - October 10. 2004 Noon - 6:00 p.m. Thursdays through Sundays Name of Person(s) And/or Organization Sponsoring this Event: Lisa Mane Jordet John Terrance Homes 2500 Kelley Parkway Orono.MN 55356 952-473-1971Phone: Location of Event:2462 Sandstone Lane 653 Sandstone Circle Type of Event:2004 Fall Parade of Homes I'he following docuineiils are required and on file at the City Administrative Offices: • Approval from Orono Police Dcpanmcnl • Appros al from Orono Building and Zoning Department • Proof of insurability for liability issues The following eondilions have been placed on this event: By acccpiaiicc of this special event peniut, the permit holder, on behalf of any and all otgam;:ations and private peisons, giants authority to opeiatc under the special event peniut, and agrees to indemnify and hold haimless the Cilv of Orono from all claims arising fiom said exent. The peniut holder, all organizations and ptivale peisons exercising authoiity under this peniut. do waive and release all claims against the City of Orono, ns otTicers or employees for anx' damage to person or ptt>perty arising from the exercise of privileges granted by this peniut and agrees to hold harmless the City of Orono, its employees and officers fioiii any such claim. The Otoiio Police Dcpartmeiit and its officers are empowered to revoke this special event pcnnit at any time for any safely concerns that arc not munediaiely lesolx cd by the peimit holder or a tcpicscniatix e of the peniut holder. This icvocation shall cause the munediate eanccllalion of the evciii originally authori/ed by tlus peniut. All signs will be icmox ed at the end of the event Any debris ciealed by the cxeni will be cleaned up on a daily basis by the permit holder. ■file City Council has adopted a new policy requiring sliimlc serv ice for all home lour ex cuts, unless the perniil holder ptovules a paiking plan demonstiating that parking can be provided m a safe nuiuier and w ithout ini|xacls on the ncighboihood The name and phone number of a person xvho has authority to act on bclulf of the peniut holder will be piovided to the Orono Police Department I he phone nunibet shall be to a live person and not voice riuil Approved at City Council meeting on: August 9. 2004 (City Seal) Ronald 1. Moorsc, City Administrator 2750 Kelley Parkway. P.O. Box 66, Crystal Bay, MN 55323 Photic: 952-249-4600 / Fax: 952-249-4616 / wwax 'ci.oronomn us CITY OF ORONO 08/C5/C4 9 47 AM Page 1 Check Detail Register® AUGUST 2004 AUG 0 9 2004 Check Amt Invoice Comment CITY OF ORONO 10100 PrImaryCash Pa dChki 076426 6/28/2004 ADVANCED IMAGING SOLUTIONS E 10*1-41900-403 Repairs/Maint-Misc Equtp $774 35 23223829 ToUl ADVANCED IMAGING SOLUTIONS Void Check #78426 $774.35 PaidChk# 078813 7/26/2004 ADVANCED IMAGING SOLUTIONS E 101-41900-403 Repairs/Maint-Misc. Equip $774 35 23223629 E 101-41900-403 Repairs/Maint-Misc Equip ($1,660 65) 24576621 Total ADVANCED IMAGING SOLUTIONS Void Check #78813 Void Check #73813 ($88630) Paid Chk# 078863 7/26/2004 MN COUNTY ATTORNEYS ASSOC. E 101-42110-201 Office supplies ($24 SO) ^2508 void check#73863 ToUl MN COUNTY ATTORNEYS ASSOC. ($24 50) Paid Chk# 076920 7/26/2004 ADVANCED IMAGING SOLUTIONS E 101-41900-403 Repa'fs/Mamt-Misc. Equip E 101-41900-403 Repairs/Main(-Misc Equip Total ADVANCED IMAGING SOLUTIONS $774 35 24576621 $886 30 24576521 Copier Lease -6/15-7/15 Copier Lease - 7/15-8/15 $1,660 65 Paid Chk# 078931 8/9/2004 ANDERSON. KRISTI E 101-41300-319 Other Professional Services E 101-45200-319 Other Professional Services Total ANDERSON, KRISTI $165 00 Ju!-Aug.2004 Council recorder _$165 0_0_ Jul*Aug.2CC4 Park recorder ’$330 00 Paid Cnk# 078932 6/9/2004 ANDERSON-CRANE E 101-43000-221 Equipment Parts & Accessories Total ANDERSON-CRANE $132 12 MP16163901 Mower Parts $132 12 Paid Chk# 078933 8/9/2004 ARAMARK REFRESHMENT SERVICES E 101-41900-201 Office supplies $61 95 6013-4C5222 E 101-42110-201 Office supplies Total ARAMARK REFRESHMENT SERVICES $63 51 6013-40522: coffee coffee $125 46 Paid Chk# 078934 8/9/2004 ARMOR HOLDINGS FORENSICS. INC E 101-42110-221 Equipment Parts & Accessories $74 30 F04-204601 supplies Total ARMOR HOLDINGS FORENSICS, INC Paid Chk# 078935 8/9/2C04 BFI OF MINNESOTA. INC’ E 101-45200-404 Repair$/Ma nt-Bldgs/Groundi $74 30 E 101-45200-104 Repa'*^/Maint-Bldgs/Grounds E 101-41900-4 *)4 Repairs/Ma nt-Bldgs/Grouncs E 613-49830-4C * Repa rs/Mamt-Bldgs/Grounds E 101-42260-404 Repairs/Mamt-BldgsyGrcunds To al BFI OF MINNESOTA, INC $83 01 1307115 $69 33 1307214 $301 61 1307420 $76 16 1307461 $56 18 1347632 so ’Kf waste solid waste so'id waste solid waste solid waste^^avarre $566 29 Paid Chk# 078936 0/9/200^ BLOOMINGTON CITY OF E 601-49400-489 Other Miscellaneous Cnarges $60 0 0 4/01-6/00/04 WTR TESTING ToUl BLOOMINGTON. CITY OF $60 00 Paid Chk# 076937 8/9/2004 BONESTROO ROSENE & ASSOC. E 101-43280-304 E 101-43170-304 E 101-43280-304 E 101-43280-304 E 101-43280-304 E 101-43280-304 Engineering-Consulting Engineeiing-Consulting Engineering-Consulting Engineering-Consulting Et' gineering-Consulting £r ginetring-Consulting $129 00 $47 27 $485 12 $129 00 $51600 $129 00 109361 109361 109361 109361 109361 109361 Byars Shoreline plat 04-3015 Misc eng May 2004 720 North Arm Dr plat 03-2907 740 Shoreline Dr plat 04-3002 Creedside subd plat 04-3016 Maxwell Bay Estates plat C4-30 i CITY OF ORONO 08/05/04 9;47AM Page 2 *Check Detail Register® AUGUST 2004 Check Amt Invoice Comment E 101-43280-304 Engineering-Consulting E 101-43280-304 Engineering-Consulting E 60 1 -49400-304 Engineering-Consulting E 101-43280-304 Engineering-Consulting E 101-43280-304 Engineering-Consulting E 101-43280-304 Engineering-Consulting E 101-43170-303 Engineering-Retainer E 613-49830-304 Engineering-Consulting E 101-43170-304 Engineering-Consulting E 402-48030-304 Engineering-Consulting E 402-48039-304 Engineering-Consulting G 602-16500 Fixed Asset-Const in progress E 406-48736-304 Engineering-Consulting E 402-48037-304 Engineering-Consulting G 602-16500 Fixed Asset-Const in progress G 602-16500 Fixed Asset-Const in progress E 651-49910-304 Engineering-Consulting Total BONESTROO ROSENE & ASSOC. $148.50 $284 00 $247.50 $81582 $258 00 $69092 $10000 $135.00 $396 00 $68445 $297 00 $154 00 S272 50 $311.50 $154 00 $659 32 $1,561 32 109361 109361 109361 109361 109361 109361 109361 109361 109361 109362 109363 109364 109365 109366 109367 109368 109370 1925 Lakeview Plat 04-3007 Stonebay Marketplace plat 04-2 Review msp plan-Hwy 12 wtr to 40 Stubbs Bay Rd plat 04-2968 1265 Brackets Pt Rd plat 04-30 Stonebay plat 02-2789 council mtgs May 2004 Review wetland boundaries #4ho Update floodplain & wetland or Co Rd 19 Sidewalk -May 2004 Lee Carlson Batifield Trail Old LL Rd swr Ext/ 05/04 Ferndale Rd Bridge Replace Fox St Bridge-Replace 05/2004 Phillips San Swr 05/2004 Homestead Rd San swr 05/2004 Birch Lane Storm Swr Imp $8.585 22 PaidChk# 078938 8/9/2004 BUDGET PRINTING E 101-42110-322 Postage Total BUDGET PRINTING $8 10 072704 $8.10 ^ pd/samp!es Paid Chki 078939 8/9/2004 CECE'S SIGNS E 101-43000-224 Street Maint Matenals/Supply Total CECE'S SIGNS $291 81 1788 Repaint Signs • $291 81 Paid Chk# 078940 8/9/2004 CEMSTONE E 101-45200-404 Repairs/Mamt-Bldgs/Grounds Total CEMSTONE $509 87 154452 PARKy'BENCHES $50987 PaidChk# 078941 8/9/2004 CENTERPOINT ENERGY E 602-49450-381 Gas & Electric E 613-49830-381 Gas & ElecUic E 601-49400-381 Gas & Electric E 101 -42110-38 1 Gas & Electric E 101-41900-381 Gas & Electric E 101-42260-381 Gas & Electric E 602-49450-381 Gas & Electr c E 601-49400-381 Gas A Electr.c E 101-41900-381 Gas & Electric ToUl CENTERPOINT ENERGY $12 26 $15 98 $141 51 $44 44 $48 74 $6311 $24.36 $812 $54 31 060006750600 Gas Service 0600067506CO Gas Ser.riC8 060006750600 Gas Service 060006750600 Gas Serv.ce 06000675C600 Gas Service 060006750600 Gas Service 060006750600 Gas Service 060006750600 Gas Service C60006750600 Gas Service $412 83 Paid ChKf 078942 8/9/2004 COLLISION CORNER E 101-42110-404 Repairs/Ma.nt-Bidgs/Grounds Total COLLISION CORNER $235 00 2917 window tinting#202 $23500 Paid Chk# 078943 *8/9/2004 CORCORAN, CITY OF R 101-33490 State Grant-other Total CORCORAN. CITY OF $267 52 7/20/C4 Sai^ & Sober 6&7/20C4 Paid Chk# 078944 d/9/2d(M $267 52 COVERALL OFT hB^N^^^ .............. E 101*42110-404 Repairs Mamt-B dgs/Grounds $V070 00 87839 E 101-41900-407 Janitorial Serv ces $1 574 40 87839 ToUl COVERALL OF THE TWIN CITIES janitonai for Aug/04 janitorial for Aug/04 $2.644 40 A CITY OF ORONO Check Detail Register® 08/05/04 9:47 AM Page 3 AUGUST 2004 Check Amt Invoice Comment PdidChk# 076945 8^9/2004 E 101-43280-304 Engineering-Consulting Total DAHLGREN SHARDLOW & UBAN DAHLGREN SHARDLOW & UBAN $561 25 25076 Storebay townhousc/ $561 25 Paid Chk# 078946 8/9/2004 DELTA DENTAL G 101-21709 Dental l^iurance G 101-15998 Non-Employee Health Ins Total DELTA DENTAL $1,486 50 37220072 ($56 70) 37220072 Dental Premiums 8/2004 Dental Premiums 8/20C4 $1.42980 Paid Chk# 078947 8/9/2004 DEPT OF ADM • INTERTECH GROUP E 101-42110-311 Data Pfocess ng Communication $37 00 DV04060301 E 101-42110-321 Telephone $4896 W04060599 E 101-41900-321 Telephone __$114 24 W04060599 Total DEPT OF ACM • INTERTECH GROUP phone serv ce Phone Service 6/2004 Phone Service 6/2004 $200 20 Paid Chk# 078948 6/9/2004 EARL F. ANDERSON ft ASSOC. E 101-43000-224 Street Maint Mater als/Supply $972 03 06369 E 101-42400-221 Equipment Parts ft Accessor es EARL F. ANDERSON ft ASSOC. $99244 60686 Street S gns Zoning AppI S gns Total $1.964 47 Paid Chk# 078949 8/9/2004 ELLIS. JOAN E E 101-41300-319 Other Professional Services E 101-42400-319 Other Professional Services Total ELLIS. JOAN E $205 00 072204 $165 00 072204 council mtg recorder fee planning mtg recorder Paid Chk# 078950 8/9/2004 $37000 ENGINEERING REPRO SYSTEMS E 101-41900-201 Office supplies Total ENGINEERING REPRO SYSTEMS Paid Chk# 078951 8/9/2004 EXPRESS MESSENGER E 101-41900-322 Postage Total EXPRESS MESSENGER Paid Chk# 078952 8/9/2004 FORTIS BENEFITS G 101-21713 LTD Insurance Total FORTIS BENEFITS Paid Chk# 076953 6/9/2004 G ft K SERVICES E 101-43000-226 E 613-49830 226 E 602-49450-226 E 601-49400-226 E 613-49830-226 E 602-49450-226 E 101-43000-221 E 601-49400-226 E 101-43000 226 Clothing ft personal equipment Clothing ft personal equipment Clothing ft personal equipment Clothing ft personal equipment Clothing ft personal equipment Clothing ft personal equipment Equipment Parts ft Accessories Clothing ft personal equipment Clothing ft personal equipment Total GftKSERVICES Paid Chk# 078954 8/9/2004 GERRING'S CAR WASH E 101-42110-403 Repairs/Mai ’^t Misc Equip E 101-42110-403 Repairs/Mamt-M*sc Equip Total GERRING'S CAR WASH Paid Chk# 078955 8/9'2004 GOPHER STATE ONE-CALL E 6C2-49450-489 Other Miscellaneous Charges $5645 73343 bond pfots/2220 French Creek $56 45 $22 68 8-335121 Delivery - Hinshaw $22 88 - --- ' • --, .....-------- $842 50 4019825-1 LTD Premiums - 8/2C04 $84250 ................---------- - — — —- —— - • --------- $72 33 1006181256 Uniforms $5 75 1006181256 Uniforms $3615 1006181256 Uniforms $12 05 1006181256 Uniforms $5 75 1006187764 Uniforms $37 92 1006187764 Uniform.s $59 10 1006187764 Shop Towels $1264 1006187764 Uniforms $7588 1006187764 Uniforms 1317 57 . k : •- S8 DO 072704 car wash $8 00 073004 car wash $1600 ——-i—— ...... ....... ..... S22D 30 4040636 locates f. Apni2C>C4 mm CITY OF ORONO *Check Detail Register® C8/05/04 9;47 AM Page 4 AUGUST 2004 Check Amt Invoice Comment E 601-49400-489 Other Miscellaneous Changes Total GOPHER STATE ONE-CALL Paid Chk# 076956 8/9/2004 GRAINGER E 101-43000-224 Street Maint Matenats/Suppty Total GRAINGER $242 00 4040636 locales f/ApnI2004 $462.30 SI 38 83 495-883942-7 Cut Off Wheels $13383 Paid Chk# 078957 8/9/2004 HENNEPIN CHIEF'S ASSOCIATION E 101-42110-228 Training Supplies $150 00 5792 Total HENNEPIN CHIEF'S ASSOCIATION $150 00 Paid Chk# 078958 8/9/2004 HENNEPIN CO-OP SEED EXCHANGE E 101-43000-224 Street Maint. MaterialsrSupply $25 56 78043 online Invest searches E 101-43000-224 Street Maint MatenalsrSupply Total HENNEPIN CO-OP SEED EXCHANGE $12.78 78588 Propane - Patch The Propane - Patch Trk $38 34 PaW chk# 078959 8/9/2004 HENNEPIN COUNTY TREASURER-JAIL E 101-41600-309 Jail Charges _ $37 00 576 Total HENNEPIN COUNTY TREASURER-JAIL $37 00 Paia Chk# 078960 8/9/2004 HINSHAW S CULBERTSON E 101-41600-305 Legal-Retainer ____ _ Total HINSHAW & CULBERTSON $1.230 00 room & board-June2004 $ 1.230 00 10397634 council mlgs/May2004 Paid Chk# 078961 8/9/2004 INTERSTATE BATTERIES E 101-43000-222 Vehicle Equipment & Parts ___ Total INTERSTATE BATTERIES Paid Chk# 078962 8/9/2004 KENNETH N. POTTS. PA E 231-45650-307 Legal-Consulting E 231-45650-307 Legal-Consulting E 231-45650-“ 17 Legal-ConsuH^g Total KENNETH N. POTTS. PA Paid Chk# 078963 8y9/2004 LABOR RELATIONS ASSOC E 101-42110-319 Other Professional Services Total LABOR RELATIONS ASSOC Paid Chk# 078964 8/9/20C4 LACAL EQUIPMENT INC E 101-43000-221 Equ pment Pans & Accessories O 101-20806 Due to Govts-State Sales Tax O 101-20806 Due to Govts-State Sales Tax E 101-43000-221 Equipment Parts & Accessories E 101-43000-221 Equipment Pans & Accessones G 101-2C806 Due to Govts-State Sales Tax _ Total LACAL EQUIPMENT INC $195 05 10015116 $195 85 $140 00 7/22/2004 $220 50 7/22/2004 $273 00 7/22/2004 $633 50 *' $231 00 070104 S231 00 $59 38 21581 ($3 62) 21561 ($11 00) 22233 $180 23 22238 $96 38 23272 ($5 88) 23272 $315 49 t>aid Chk# 078965 8/9/2004 LONG LAKE POWER EQUIPMENT... E 101-43000 221 Equipment Parts & Accesso'ies S13 94 54162 Total LONG LAKE POWER EQUIPMENT $1394 PaldChk# 076968 8.'9/2004 MACQUEEN EQUIPMENT E 101-43000-221 Equipment Parts & Accessories S188.06 2044849 E 101 -43000-221 Equiprr^ent Parts & Accessories $66 79 2045226 Tout MACQUEEN EQUIPMENT $255 77 Truck Battenes King Forfeiture Germundsen Forfeit Davidsoh Forfeiture mediation LELS-6/17/04 Flail Mower Parts Flail Mower Parts Flail Mower Parts Flail Mewer Parts Flail Mower Parts Fiati Mower Parts Misc Parts Seal Kit Baffle, rol^ Paid Chk# 078967' '8/9/2004 MCLEOD USA - PHONE BILLS CITY OF ORONO 0*5^05/04 9 47 AM Page 6 Check Detail Register© AUGUST 2004 Check Amt Invoice Comment Pa»d Chk# 078979 879/2004 PROLAWNS E 101-41900>404 Repairs/Maint-Bidgs/GfOunds Total PROLAWNS $308 85 6645 weed con»:o!/Chity hall $306 85 Paid Chki 076980 8/9/2004 QWEST E 613-49830-321 Telephone $61 32 071904 phone service Total QWEST $61 32 Paid Chki 078981 8/9/2004 REED VENDING E 613-49900-093 Concessions Fo* Reia'e-Txbl Total REED VENDING $99.10 4805 Snacks for Resale $99 10 Pafd Chki 078982 8/9/2004 SENIOR COMMUNITT SERVICES E 101-41800*490 Contributions to C»vic Org’t $4,145 00 aug2 2004 Total SENIOR COMMUNITY SERVICES $4.145 00 3rd qtr services/2004 Paid Chki 078983 8/9/2004 SHAUGHNESSY. COLIN E 101-45200>404 Repairsi'Mamt-Bidgs/Grounds E 101-42260 404 Repairs/Mamt-Bldgs/Grounds Total SHAUGHNESSY. COLIN $2,000 00 July31.2004 $100 00 Ju*y31.2004 $2,100 00 lawn maintenance lawn maintenancc/Navarre Paid Chki 078964 6/9/2004 STAR TRIBUNE E 101-41900-201 Office supplies E 10 1 -41900-201 Office supplies Total STAR TRIBUNE $27 95 1913693 $27 95 3009532 Subscription 0/7-11/6 Subscnption 8/7-11/6 $55 90 Paid Chki 078985 8/9/2004 THORPE DIST CO. E 613-49900-091 Beer For Resale Total THORPE DIST CO. $81.45 341633 $81 45 beer for resale Paid Chki 078966 8/9/2004 TOMCHECK. LARRY E 101-42110-437 Training & Development Total TOMCHECK. LARRY $11 55 7^7/04 Water/Gatorade-Dept Shoot Paid Chki 078987 8/9/2004 $11.55 VERIZON INFORMATION SERVICES E 613-49830-340 Genera^ Advertis ng Total VERIZON INFORMATION SERVICES $18 20 390009188330 directory adv $18 20 Paid Chki 078988 8/9/2004 VERIZON WIRELESS E 101-41900*321 Telephone $136 04 3551581672 CeM Phones Total VERIZON WIRELESS 8/9/2004 ‘ VILLAGE CHEVROLET $136 04 Paid Chki 078989 E 101-43000-222 Veh.cie Equipment & Parts $26 26 49687 Truck Parts Total VILLAGE CHEVROLET 8/9/2004 WAGERS $26 26 Pa d Chk# 078990 E 101-42* 10-401 RepaifS^Mamt-Office Equip Total WAGERS S97 84 SDINC22436 sennce call ♦ax machine $97 84 Paid Chk# 078991 8/'9/20C4 WESTSlOE WHOLESALE TIRE E 101-43000-221 Equipment Parts & Accessones _____$16 20 535836 Total WESTSIDE WHOLESALE TIRE Tire Reoair $16 20 Pa dCiki 078992 8/9/2004" ^ WHITE BEAR LAK eVcITY OF^ ^ E 10M21 10-437 Training & Development $70 00 200447 KiO Seminar^ittke.Tomcheck CITY OF ORONO Check Detail Register® 08A)5/04 9:47 AM Page 7 AUGUST 2004 Check Amt Invoice Comment Tout WHITE BEAR LAKE. CITY OF $70 00 a^/2004 WRIGHT HENNEPIN ELECTRICPaid Chki 078993 E 101-43000-361 Gas & Electric E 602-49450*381 Gas & Electric E 101-43000*381 Gas & Electric Total WRIGHT HENNEPIN ELECTRIC Paid Chk« 078994 8/9/2004 XCEL ENERGY E 101-42260-381 Gas & Electric loUl XCEL ENERGY $32 76 3113009200 $24 02 3113009200 $1888 5015782900 $75.66 $443 72 Aug232004 $443.72 Electricity Electricity Electricity cleclric/SriOrelme Paid Chk# 078995 8/9/2004 ZEP MANUFACTURING CO. E 613-49830-223 Bldg/Grounds Maint. Supplies $65 94 57085589 Irse^ Repellent Tout ZEP MANUFACTURING CO.$65.94 10100 Primary Cash $38.538 13 Fund Sumnfiary 101 GENERAL FUND 231 DRUG/FELONY FORFEITURE FUND 402 MUNICIPAL ST AID ST CONSTUCT 406 PERMANENT IMPROVEMENT REVOLVE 601 WATER OPERATING FUND 602 SEWER OPERATING FUND 613 GOLF COURSE 651 STORM WATER UTILITY OP FUND 10100 Primary Cash $31 557 10 $63350 $1,292 95 $272 50 $1 224 25 $1,415 36 $581 15 $1.561 32 $38,538 13 CITY OF ORONO 08/03/04 1 27 PM Page 1 check register Check Number Employee Name 054329 054330 054331 054332 054333 054334 054335 054336 054337 054338 054339 054340 054341 054342 054343 054344 054345 054346 054347 054348 054349 054350 054351 054352 054353 054354 054355 054356 054357 054358 054359 054360 054361 054362 054363 054364 054365 054366 003576 CC3577 003578 003579 003580 003581 003582 003583 003584 003585 003586 003587 003586 003589 003590 003591 003592 003593 003594 003595 003596 DODGE. RACHEL M LESKINEN. DENISE M ANDERSON. BRUCE L. BOBZIEN. SUE A BORIS SCOTT W DEMBOUSKI. JAY C ERICKSON. KURT R FARNIOK. CORREY L FISCHENICH. DAN T MADSON. ADRIENNE M MCNICHOLS DAVID L MOROWCZYNSKI. JAMES PERSELL. WILLIAM R TOMCHECK. LAWRENCE F TOMC/YK. MARK W WHITE. ANTHONY J WITTKE. ANTHONY A GAFFRON. MICHAEL P MEYER WILLIAM C OMAN. LYLE E VANG BRUCE L GREGORY. JAMES D, HANSEN STEVEN OBRIEN. RANDY L PALMER. GREGORY A RATHBUN. BARRY J SKREEN DALES ABRAHAMSON FREDW HAMBRO. MARSHALL J. JENSEN. RODNEY W MARSFLLA DANG MCINTYRE. WILLIAM E PEICKERT. GARY J POLLEY MIKE A ROSS. JOHN A SMYTH KATHERINE R STEFFENHAGEN. RONALD STORK JOHN T MOORSE RONALD J SILUS BARBARA G VEE LINDAS 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 FISCHER. CHRISTOPHER K GOOD. STEPHANY R JOHNSON. JEFFREY MCNICHOLS. DAVID L KUSSETH. KYLE M SCHOENHOFF JOHNS TOMCHECK LAWRENCE F. LEE. JOSEPH P PHARO. CHRISTOPHER M ay Check Check riod Amount Date Check Status 16 $1,042 63 8/4/2004 Outstanding 16 $887.98 8/4/2004 Outstanding 16 $659 47 8/4/2004 Outstanding 16 $29 10 8/4/2004 Outstand rg 16 $1,431 35 8/4/2004 Outstanding 16 $1.678 96 8/4/2004 Outstanding 16 $1,579 66 B/4/2C04 Outstanding 16 $1,540 46 6.4/2004 Outstanding 16 $1,508 20 8/4/2004 Outstanding 16 $995 89 8/4/2004 Outstanding 16 $516 11 84/2004 Outstanding 16 $1,691 05 8/4/2004 Outstanc ng 16 $812 96 8/4/2004 Outstanding 16 $423.54 8/4/2004 Outstanding 16 $1,370 49 8/4/2004 Outstanding 16 $785 65 8/4/2004 Outstanding 16 $1.374 21 0/4/2004 Outstanding 16 $1,428 50 8/4/2004 Outstanding 16 $568 59 8/4/2004 Outstanding 16 $64 72 8/4/2004 Outstanding 16 $1,323.53 8/4/2004 Outstanding 16 $861 98 8/4/20C4 Outstanding 16 $366 44 8/4/2004 Outstanding 16 $66370 8/4/2004 Outstanding 16 $950 15 8/4/2004 Outstanding 16 $1,11847 8/4/2004 Outstanding 16 $1,070 35 8/4/2004 Outstanding 16 $80 11 8/4/7004 Outstanding 16 $217 46 8/4/2004 Outstanding 16 $301 56 6/4/2004 Outstanding 16 $127 70 8/4/2004 Outstanding 16 S259 42 8.'4/2004 Outstand'ng 16 $4C8 21 8/4/2004 Outstanding 16 $86 26 6/4/2004 Outstanding 16 $150 38 &'4/2004 Outstand ng 16 $74 63 8/4/2004 Outstanding 16 $1,343 17 8/4/2CC4 Outstanding 16 $316 65 8/4/2004 Outstanding 16 $2 336 49 &4/2C04 Outstanding 16 $478 02 8/4/2004 Outstanding 16 $1.033 54 6/4/2004 Outstanding 16 $1.378 20 8/4/2004 Outstanding 18 $1,161 81 6/4/2004 Outstanding 16 $1,061 30 8'4/2004 Outstanding 16 $1,135 00 8/4/2004 Outstanding 16 $830 00 8/4/2CC4 Outstanding 16 $20 00 8/4/2004 Outstanding 16 $832 32 8/4/2004 Outstanding 16 $1.56533 8/4/2004 Outstanding 16 $1321 53 8/4/2004 Outstand.ng 16 $1.432 28 8.4/2004 Outstanding 16 $1.994 94 6/4/2004 Outstanding 16 $1,532 12 6.4/2004 Outstanding 16 $1.100 00 6/4/2004 Outstanding 16 $1.37323 8/4/20C4 Outstanding 16 $1.514 67 8/4/2004 Outstanding 16 $900 00 6/4/2004 Outstanding 16 $346 59 a'4/2004 Outstanding 16 $845 01 B/4/2004 Outstanding J CITY OF ORONO check register 08A)3/04 1:27 PM 2 Check Number Employee Name 003597 BOLTERMAN. MATTHEW A 003598 CURTIS. MELANIE 003599 GAFFRON. MICHAEL P. 003600 GAPPA. GREGORY A. 003601 GUNDLACH, JANICE i. 003602 OMAN. LYLE E 003603 VOID 003604 DEBAERE. DONALD L. 003605 HANSEN. STEVEN 003606 OBERAIGNER. SCOTT G 003607 OBRIEN. RANDY L 003608 PALMER. GREGORY A 003609 RATHBUN. BARRY J Pay Check Check Period Amount Date Check Status 16 S707.32 8/4/2C04 Outstanding 16 $1.14284 8/4/2004 Outstanding 16 $125 00 8/4/2004 Outstanding 16 $1,810 50 8/4/2004 Outstanding 16 $1.253 61 8/4/2004 Outstanding 16 $1.400 00 8/4/2004 Outstanding 16 $0 00 6/4/2004 Void 16 $1.18425 8/4/2004 Outstanding 16 $77500 8/4/2004 OuUtanding 16 $1,056 30 8/4/2004 Outstanding 16 $500 00 8/4/2004 Outstanding 16 $350 00 8/4/2004 Outstanding 16 $200 00 8/4/2004 Outstanding $64,761 89 I CITY OF ORONO 08A)4/04 6 59 AM Page 1 *Check Detail Register® AUGUST 2004 Check Amt Invoice Comment 10100 Primary Cash Pa*dChk# 078921 8/4^2004 FIRST NATIONAL BANK OF LAKES G 101-21701 Federal Withholding S9.063 78 G 101-21703 FICA Tax Withholding G 101-21703 FICA Tax Withholding Total FIRST NATIONAL BANK OF LAKES $4.415 20 $4.415 20 $17,894.18 Paid ChV# 078922 8/4/2004 ICMA RETIREMENT TRUST • 457 G 101-21705 Other Retirement $951 62 Total ICMA RETIREMENT TRUST. 457 $951 62 Paid Chk# 078923 8/4/2004 LAW ENFORCMENT LABOR SERVICE G 101-21707 Union Dues $0 0 0 Total LAW ENFORCMENT LABOR SERVICE $0 00 Paid Chk# 078924 8/4/2004 MN DEPT OF REVENUE G 101-21702 State Withholding Total MN DEPT OF REVENUE $3,831 11 $3,831 11 Paid Chk# 078925 8/4/2004 MN STATE RETIREMENT SYSTEM G 101-21718 Post Employment Health Total MN STATE RETIREMENT SYSTEM $294 07 Paid Chk# 078926 8/4/2004 NATIONWIDE RETIREMENT SOLUTION G 101-21705 Other Retirement $1.90200 G 101-21705 Other Retirement $1 72 14 Total NATIONWIDE RETIREMENT SOLUTION ’ $2 074 'l4 Paid Chk# 078977 8/4/2004 ORCHARD TRUST CO TRUSTEE/CUST G 101-21705 Other Retirement S3.S62 68 Total ORCHARD TRUST CO. TRUSTEE/CUST $3,562 68 PUBLIC EMPLOYEES RETIREMENT $6 952 50 Pa*J Chk# 078928 8/4/2004 G 101 21704 PERA G101-217C4 PERA Total PUBLIC EMPLOYEES RETIREMENT $5,402 68 $12,355 18 Paid Chk# 078929 8/4/2004 UNITED WAY G 101-21708 United Way Total UNITED WAY $70 00 $70» ^ Pa«d Chk# 078930 0/4/2004 WISCONSIN SCTF G 101-21712 Oiner Deductions Total WISCONSIN SCTF $184 62 $184 62 10100 Primary Cash $41,217.60 Fund Summary 101 GENERAL FUND 10100 Primary Cash $41.21760 $41.21760 FEDERAL W/H FICA & MEDICARE W/H FICA & MEDCR CITY SHARE DEFERRED COMP-302030 UNION DUES STATE TAX W/H post retircrrenl USCM - ENTITY 2339 OBRA #2343 MN STATE RETIREMENT PERA CITY SHARP PERA EMPLOYEE W/H CHARITY DONATIONS JOHNSON i 0002756898 ■A'rk.Jrta ¥.^ [:.lk COl AUG 0 9 2004 CITV OF OfJONO • • • •information ITEMS COUNCIL MEETING "'CPTING AJ3 0 9 2004 OF CITY OF ORONO « * f i , I I Ji t F ' I I iiii SENIOR COMMUNITY SERVICES 10709 Wayzata Blvd., Suite 111, Minnetonka, MN 55305 Phone: (952) 541-1019 FAX: (952) 541-0841 E-mail: ecs@eenlorcommunity.org • ••trpTii^Q 0 9 2004 • r OF ORONO BOARD OF DIRECTORS John C. Boeder Pri»!;ident Gordon Hughes 1st Vice President Peter Coyle 2nd Vice President John Lawson Ire^siirer John Greiy Scivrfjfv Francis Hagen Past Piei>ident Bob Bean Merniier-atLatge Gloria Johnson Mcmt^et iit inrge Mnrty Gurltz Alko Higiiclii Dwight Johnson Marvin Johnson Laurie L.*ifontaino Rep. Ann Lonezewski Kevin Max Dr Chinyere (Ike) Njaka Dotty O Bricn Senator Gen Olson Curtis A. Pearson Mary Tambornino Leonard J. Thic! Tom Ticen Beniamin F. Wlthhart Executive Oiiei.'lot S C E O. PROGRAMS • Multi-Purpose Senior Centers • Senior Outreach • HOME. • Transportation A Founding Membet of Eidercate Patlneat AUatMWay AgtfKy August 2, 2004 •• <. *•-’ i) \ Mayor Barbara Peterson and Council City of Orono P.O. Box 66 Crystal Bay, MN 55323 Dear Mayor Peterson and Council Members: Senior Community Services is requesting $17,080 (a 3% increase) from the City of Orono to continue supporting the operation of programs serving the local frail and elderly population in the 2005 calendar year. This amount will allow us to maintain the current level of services for the Senior Outreach Program, theTamarak Senior Center, and the Gillespie/Westonka Senior Center. We look forward to continuing the relationship of cooperation including local church congregations (St. George's, Calvin Presbyterian and Trinity Lutheran), Westonka Rides Transportation and Dial-a-P.ide, Westonka Seniors Inc., local businesses, individuals and cities in order to provide the best services possible to area seniors. As in the past we will continue to raise matching funds from the United Way, civic organizations, businesses and private individuals to support the local programs. Sincerely, Ron Bloch Program Administrator cc: Ronald Moorse, City Administrator Tom Kuehn, Finance Director Memorandum COi im/»m k^ccxiii ^q AU6 0 9 2004 CiTy OF ORONO Date: To: August 5,2004 Mayor Peterson City Council Members City Administrator From: RE: I ^ f\Melanie Curtis, City Planner ^ | (. \ Floodplain and Wetlands Management Ordinance Revision At the August 4'’’ work session, the Planning Commission and staff discussed the draft Floodplain Management and draft Wetland Management ordinances. Tom Lutgen with the MN DNR and John Smyth from Bonestroo attended the meeting to answer questions and helped to facilitate the discussion. The changes discussed at the work session are included in the revised draft ordinances which are attached herein. Please be advised that the public hearing for these ordinances will be held during the Planning Commission meeting on August 16"’, and will be before the Council for final approval on August 23 ’". Please look over the enclosed information and contact staff if you have any questions or concerns that we may be able to address prior to the public hearing and prior to your August 23 ’" meeting. ARTICLE XI. WETLANDS PROTECTION DIVISION 1. GENERALLY Sec. 78-1601 Purpose and Intent. (a) The purpose of this section is to recognize, preserve and protect the environmental, aesthetic and hydrologic functions of the City's wetlands by regulating the use of wetlands and their adjacent properties in conjunction with the goals of the Environmental Protection Plan within the Community Management Plan. These functions include, but are not limited to, sediment control, pollution control, filtration, fish and wildlife habitat and aquifer recharge. The Surface Water Management Plan will provide guidance for stormwater treatment requirements and wetland restoration opportunities in order to protect the integrity of wetlands. (b) Tlic intent of this section is to protect wetlands to the maximum extent possible while allowing a reasonable use of the property. This section adopts the regulations and standards of the Wetland Conservation Act of 1991 (WCA), Laws of Minnesota 1991, chapter 3S4, as amended, and the rules adopted pursuant to the WCA. It also establishes a wetland overlay district. This overlay district further regulates the underlying land use as allowed by other districts or the WCA. (c) This ordinance applies to, and wetland buffer areas must be created or existing buffer areas must be maintained around, all protected wetlands in the following situations: (1) When wetlands are required to be replaced or restored; When new development occurs. For purposes of this subsection, new development means: a. Any subdivision that creates a new lot that has no principal use on It; b. construction of a principal use on an existing vacant parcel of land; When redevelopment occurs. For purposes of this subsection redevelopment means the removal of the principal use of more than 50 percent of its market value and volume and reconstruction on the same property. This requirement does not apply if construction is the result of less than 75 percent of the building being damaged by an involuntary force, such as fire, wind, or vandalism; H (4) When a variance, conditional use permit, or site plan review has the potential to have indirect adverse impacts to the wetland a bufTer may be required; or (5) On any wetland when grading or construction is proposed exceeding 50 cubic yards or 5,000 square feet that requires a City permit and the proposed activity could potentially impact the quality of the wetland by increasing hard surface run off, altering existing drainage, or impacting an existing buffer. DIVISION 2. DESIGNATION OF PROTECTED WETLANDS Sec. 78-1602 Wetland Types The wetlands protected and regulated by this Section are types 1,2, 3,4,5, 6, 7, and 8 wetlands, as defined in circular 39, “Wetlands of the United States”, 1971 edition. United States Department of the Interior, unless the wetland is within a shoreland district in which case the more restrictive rules regarding setbacks would apply. Protected wetlands are further defined as follows: (1) Type 1 Seasonally Flooded Basins or Floodplains ’. Type 1 wetlands are seasonally flooded basins or flats in which soil is covered with water or is waterlogged during variable seasonal periods but usually is well-drained during much of the growing season. Type 1 wetlands are located in depressions and in overflow bottom lands along water courses. Vegetation varies greatly according to the season and duration of the flooding, and includes bottom land hardwoods, as well as herbaceous plants. (2) Type 2 Inland Fresh Meadow: Occurs along the shallow edges of lakes, marshes and floodplains, or in perched depressions. The soil is usually without standing water during much of the growing season, but is waterlogged within at least a few inches of the surface. Vegetation includes grasses, sedges, rushes and various herbaceous plants. (3) Type 3 Inland Shallow Fresh Marsh: Soil is usually water logged during the growing season, ofien covered with as much as six inches or more of water. Vegetation includes grasses, bulrushes, cattails, arrowheads, smartweeds and other emergent aquatic vegetation. (4) Type 4 Inland Deep Fresh Marsh: Soil covered with six inches to tluee feet or more of water during growing season. Vegetation includes cattails, reeds, bulrushes and wild rice. Open water areas may contain pondw eeds, naiads, coontail, water milfoils and other submergent aquatic vegetation. 'r (5) I'ype 5 Inland Open Fresh Water: Water is usually less than 10 feet deep and is fringed by a border of emergent vegetation. Vegetation includes pondweeds, naiads, coontail, water milfoils and other submergent aquatic vegetation. (6) Type 6 Shrub Swamp: Occurs along sluggish streams or on floodplains. The soil is usually waterlogged during the growing season, and is oAcn covered with as much as six inches of water. Vegetation includes alder, willow and dogwood. (7) Type 7 Wooded Swamp: Occurs along sluggish streams, on floodplains, on flat perched depressions and in shallow lake basins. The soil is waterlogged to within a few inches of its surface during the growing season and is often covered with as much as one foot of water. Vegetation t>pical to this wetland includes tamarack, white cedar, black spruce, balsam fir, red maple and black ash. (8) Type 8 Bug: Occurs along sluggish streams, on flat perched depressions and shallow' lake basins. The soil is w aterlogged and supports a spongy covering of mosses. Vegetation tjpical to this wetland t\pe includes sphagnum moss, heath shrubs and sedges. Minnesota bogs contain leatherleaf, Labrador tea. cranberries and pitcher plants. Scattereil stunted black spruce and tamarack also are common features of bogs. See. 78-1603 Boundaries of the Wetland Overlay Districts and Designation of Official City Wetland .Map. This .Section establishes wetland overlay districts. These districts arc subject to additional requirements beyond those required by the WCA. The boundaries of the wetland overlay districts arc identified graphically on the official City Wetland Map (C'WM) which is hereby adopted by reference, a copy of which shall be kept on file in the olfice of the City Clerk and shall be available for public review during all normal office hours. Wetlands in addition to tho.se shown on the City Wetland Map may exist, and may be identified by w etland delineations under WCA rules If a specific w etland delineation has been done under W('A rules, then the boundaries of the w etland overlay district for that location w ill be as show n in the delineation. The City may require wetland delineations to detenninc ci>mpliance w ith WCA rules and to detcnnme administratixe wetland boundaries; however, property ow ners may have w etiand delineations done for their properties on their ow n initi.itivc. The delineation must be done by a qualified professional according to W’CA rules and be acceptable to the IMaiming Director. Approved W('.A wetland delineations must be provided to the city in a hard copy lormat aiul a CAD or (ilS lonnat in Hennepin County coordinates. I he Planning Director will haxe the approxed WCA wetland delineations shown on the ofllcial City Wetlaiul M.ip. Txpe 1 xxetlaiuls are not included in the ox erlay district, but arc regulated by WCA rules. Public waters are not included in the oxerlay district, unless a T>pe 2-8 XX etiand is part xd'a public xxater. \ 3 Sec. 78-1604 Interpretation of Wetlands Boundaries. Whenever a wetland boundary is disputed or uncertain, the Planning Director may require the submission of a registered survey of the property and field staking showing the city-designated wetland contour or a delineation of the wetland, and such other information as the director may require in order to resolve the dispute or uncertainty. No boundary change may be authorized on the basis of fill that was placed on the site after the City designated the area as part of the wetland overlay district. Persons aggrieved by a decision of the Planning Director may appeal such decision in accordance with the provisions of Section 78-99 of this ordinance and the WCA rules. DIVISION 3. BUFFER AREAS Sec. 78-1605 Wetland Buffer Areas. (a) This subsection establishes requirements for wetland buffer areas around protected wetlands. Buffer areas are necessary and beneficial to maintain the health of wetlands. BufTcr areas protect the edge of wetlands from erosion while filtering sediment, chemicals and other nutrients from runoff that drains into wetlands. Buffer areas can improve the biological diversity and health of a wetland environment while reducing the adverse impacts of human activities. (b) Buffer areas regulated by this section arc areas of vegetative cover that are upland of the wetland edge, and that occur in a natural condition or through restoration. Buffer areas consist of shrubbery and trees, native grasses and/or forbs that arc not mowed, fertilized or manicured in any manner. Mowing, fertilizing, manicuring, or vegetation removal within a buffer area is not allowed unless the City has issued a permit for such activity in conjunction with an approved buffer management plan. (1) Acceptable buffer areas shall have the following qualities: a.A continuous dense layer of perennial grasses that have been uncultivated or unbroken for at least ten (10) consecutive years, or b.An over story of trees and'or shrubs with at least eighty (80"/b) percent canopy closure that have been uncultivated or unbroken for at least ten (10) consecutive years, or c.A mixture of the plant communities described in a. and b. above, which hav e been uncultivated or unbroken for at least ten (10) consecutive years. (2) Unacceptable buffer areas have the following qualities, including but not limited to: i a.Undesirable plant species (including but not limited to reed canary grass, common buckthorn, purple loosestrife, leafy spurge and noxious weeds), or b. c. Lacking a layer of organic thatch or duff, or Topography which tends to channelize the flow of surface runoff, or d. Is characteristically unlikely to retain nutrients and sediment. Buffer areas which have been broken or cultivated within the past ten (10) consecutive years must be restored to a condition consistent with an acceptable buffer area defined in Section 78-1605(b)(l), a restoration or landscape plan must be submitted to the Planning Director, which restoration shall include, replanting and maintaining according to each of the following guidelines: a.Buffer areas shall be planted with a seed mix containing one hundred (100%) percent perennial native plant species, except for a one-time planting of an annual nurse or cover crop such as oats or The seed mix to he used .shall consi.st of at Ica.st twelve (12) pounds pure live seed (PLS) per acre of native prairie grass seed and five (5) pounds PLS per acre of native forbs. Native prairie grass and native forb mixes shall contain no fewer than four (4) and five (5) species respectively. c.The annual nurse or cover crop shall be applied at a rate of twenty (20) pouiuls per acre. d.Native shrubs and or trees may be substituted or used in addition to forbs and grasses. Such shrubs may be bare root seedling and shall be planted at a rate of sixty (60) plants per acre. Shrubs shall be distributed so as to provide a natural appearance and shall not be planted in rows e.Native prairie grasses and forbs shall be planted by a qualified contractor. f.No fertilizer shall be used in establishing new buffer zones, except on highly disturbed sites when deemed necessary to establish acceptable buffer vegetation and then limited to amounts indicated by an accredited soil testing laboratory. g-All seeded areas shall be mulched immediately with clean straw at a rate of one and one half (I Vi) tons per acre. Mulch shall be anchored with a disk or tackificr. h.UuHer areas (both natural and created), shall be protected by silt fence during construction and the fence shall remain in place until the area crop is established, and at that time the fence shall be removed. (c) Buffer area widths will be based on the si/c of the wetland basin. The following arc the required buffer area widths; Size of Wetland 0 - 1 acre 1 - 2.5 acres 2.5 -5 acres >5 acres Width of Huffer Area From the Wetland Boundarv 16.5 feet 20 feet 25 feet 35 feet (d) In cases of new development or redevelopment the City shall require that vegetation in the wetland buffer be installed prior to the issuance of the certificate of occupancy. I he City may waive this requirement in lieu of a cash escrow or letter of credit equal to 150 percent of the cost to install the required buffer. (c) The City may allow the disturbance of an existing buffer area during the course of constniction activity. This disturbance must be kept to a minimum, soils must be decompacted to a level that will accommodate root growth, and the bulfcr area must be rc-established as required by the City. The City will determine the amount of allowable disturbance, fhe City m:iy require a cash escrow or letter of credit equal to 150 percent of the cost to re-establish the buffer to its original condition. (0 The City may icquire buffer area planting and maintenance w hen the City determines that there is inadequate \ egetation in the buffer area to meet the intent of this sectimi. The City may require a ca.sh escrow or letter of credit equal to 150 percent of the estimated cost of the vegetation and installation. The escrow or letter of credit must be valid for up to two years and may be used by the City to replace any vegetation that dies. (g) fhe alTectal property owner or homeowner association that is responsible for the maintenance must; Maintain and repair damage to buffer areas from such activities as mowing, cutting, grading or other prohibited activities, unless mowing is approved by the City as a buffer management plan. Pemiission must be obtained from the City before implementing buffer management plans, w hich may include mow ing, buniiwg, and the use of hcibicidcs. (2)Maintain G.’ly the permitted vegetation in the buffer area and must remove all noxious weeds and invasive, non-native species such as European buckthorn, upon obtaining a vegetation removal permit from the City in conjunction with an approved buffer management plan. Ensure that all soil surfaces in the buffer area are planted with the permitted vegetation and that there is no open soil surface that may result in erosion. Ensure that livestock or other domesticated animals which have the potential to permanently disturb the buffer area by compaction or vegetation removal be kept from entering the buffer area and wetland by a fence or other suitable means. (h) The final upslopc edge of the buffer shall be provided to the City in a hard copy and in a CAD or GIS fomiat in Hennepin County coordinates. DIVISION 4. USES Sec. 78-1606 Permitted Use*: (a) Within the wetland overlay districts no land may be used except for one or more of the following uses: (1) Native wetland vegetation, provided that no change is made to the ground elevation; (2) Wildlife and nature preserv es; (3) Overhead utility lines and poles that arc less than two feet in diameter; (4) Docks which provide reasonable access to the lakeshore and do not exceed 4’ in width; (5) I’ubli': and private flood control structures, ponding and drainage facilities and associated accessory appurtenances as approved by the City; or (6) Environmental monitoring or control facilities, including those related to water quality and wildlife regulation. (b) Within wetland buffer areas no land may be used except for one or more ofUie following uses: Jk. Native vegetation, provided that no change is made to the ground elevation; (2) Wildlife and nature preserves; Boardwalks, docks or other reasonable access to the wetland not exceeding 4 ’ in width, poles that are less than two feet in diameter to be used for boardwalks and bridges; (4) Public and private flood control structures, ponding and drainage facilities and associated accessory appurtenances as approved by the City; (5) Environmental monitoring or control facilities, including those related to water quality and wildlife regulation; Overhead utility poles and lines that are less then two feet in diameter, under-ground utility lines and distribution equipment, light poles, traffic signals, traffic regulatory signs, mailboxes and other equipment that provides an essential public ser\'ice; (7) Retaining walls if the City determines that the retaining wall will protect the wetland from conditions of erosion. Sec. 78-1607 Conditional Uses. (a) Within the wetland overlay districts and the wetland buffer areas no land may be used for the following except by conditional use permit and except in confomiance with the standards specified in Section 78-1608 of this section: (1) Private and public recreational uses, including golf courses, imperv'ious trails, picnic grounds and boat ramps; (2) Public utilities, including necessary structures; Other non-structural facilities similar to those permitted by this section which also meet the intent of this section, as duermined by the City; or Public structures associated with recreational uses pemiitted by this Section or by Section 78-1606 of this section that are designed in an cm ironmentally sensitive maimer and will withstand periodic flooding, except for structures designed or used for habitation or the storage of equipment. (5) Unpaved hiking, skiing and horseback riding trails which comply with WCA standards. 8 (b) No conditional use permit will be granted unless its approval will not adversely impact wetlands, the wetland buffer area, and surrounding properties, the intent of this ordinance or the goals and policies of the Community Management Plan. If applicable, granting of a conditional use permit will be conditioned upon approval of the request by all other appropriate regulatory governmental agencies, including the MCWD (MCWD) or the Minnesota Department of Natural Resources. DIVISION 5. STANDARDS FOR WETLANDS DISTRICTS, BUFFER AREAS AND NEIGHBORING LANDS Sec. 78*1608 Standards. The following standards apply to all land within the wetland overlay districts, wetland buffer areas, and to neighboring lands; Protection of wetlands and wetland buffer areas. a.Except as modified or regulated by the standards of this subsection, all requirements of the underlying zoning district apply. b.No structures arc allowed in the wetland overlay districts, or wetland buffer area except those allowed as of right or by conditional use permit by Sections 78-1006 or 78-1607 of this Ordinance. c.Activities including, but not limited to, building (other than a boardwalk or dock), paving, mowing, vegetation removal, filling, dumping, yard waste disposal or fertilizer application are prohibited, except that certain such activities may be permitted when approved by the City as a buffer management plan. Removal of invasive non ­ native vegetation, such as European buckthorn and noxious weeds, may be removed by obtaining a vegetation removal permit from the City. Before grading or construction near a wetland overlay district or buffer area, the owner or contractor must place erosion control fencing on the upland side of the perimeter of the wetland overlay district or wetland buffer area, which ever is more restrictive, or as required by the City. This fencing must reniain in place until all development activities that may affect the wetland and the w etland buffer area have been finished and adequate vegetative cover has been established at which time the fencing must be removed. e.All structures must have a minimum basement floor elevation not less than one foot above the 100-year flood elevation. f.All hard-surface runoff must be treated in accordance with the requirements of the City and the appropriate watershed district. Treatment may include site retention, skimmers, weirs or sedimentation ponds of appropriate scale. Structures and ponds serving this purpose must be properly maintained and serviced by the property owner. g-Discharge into the wetlands must occur at a rate no greater than allowed by the City Engineer in accordance with the City's Surface Water Management Plan and the appropriate MCWD requirements. Setbacks. a.All buildings (principal and accessory), must be set back at least 20 feet from the upslope edge of the wetland buffer. Exceptions: play structures (including sport court type structures) grade-level decks, patio slabs, driveways and parking lots. b.A setback from the buffer area is not required for overhead utility poles and lines that are less than two feet in diameter, underground utility lines and distribution equipment, light poles, trafllc signals, tratfic regulatory signs, mailboxes, entrance monuments meeting Section 78-1405(8) and other equipment that provides an essential public service. c.A setback is not required for fences or retaining walls. However, they may not be located within the buffer area unless the retaining wall is approved as part of a wetland permit application to protect the wetland from fill. d.An existing structure, driveway or parking area meeting the required setback from a City-designated wetland boundary or buffer area is considered a legal nonconforming development if a later wetland delineation or implementation of a wetland buffer shows that the wetland or its buffer is closer than the required setback. Sec. 78-1609 Removal of Lands from the \^’etlands Overlay Districi. (a) Removal of wetlands from a wetland overlay district (i.c. by filling, etc) requires a zoning amendment and an amendment of the official City Wetland Map. The antendments must be made pursuant to the provisions of Section 78-43 of this ordinance and WCA replacement rules. These amendments must be consistent with the purpose of I- this ordinance, the City's Surface Water Management Plan and the goals and policies of the Community Management Plan. In determining the appropriateness of a rezoning request, the City Council will consider the size of the wetland overlay district, the magnitude of the area proposed for removal, hydrological and ecological effects and the type and function of wetlands involved in order to provide the maximum feasible protection. (b) Wetlands within an overlay district may only be removed according to WCA rules and if at least an equal area of new wetland is created to compensate for the wetland being filled. However, the deminimus exemption specified by the WCA rules for wetland replacement may be used for the removal of Type 1 wetlands that are not included within the City's overlay district. Unless otherwise approved by the City Council, compensatory wetland area must be provided witKtf j tbr same r,ubwatershed district as the wetland being altered. (c) In addition to application requirements, the City may require submission and approval of the following infomiation: (1) An approved wetland replacement plan application from the MCWD; (2) A concept plan showing the ultimate use of the property; A grading plan, in hard copy fonnat and a CAD or GIS fonnat in 1 lennepin County coordinates, with appropriate drainage calculations and erosion controls prepared by a registered engineer; (4) A landscaping or revegetation plan; (5) Such other information as may be necessary or convenient to evaluate the proposed permit; and A MnRAM assessment completed by the MC\\T)- Scc. 78*1610 Alteration of the Wetlands. (a) No alteration of land within a wetland overlay district or a wetland buffer is allowed w ithout a wetlands alteration pennit, subject to recommendation by the Planning Comtnission and approval of the City Council. The Planning Commission must hold a public hearing after notifying the property owners within 350 leet of the property on which the proposed alteration will occur. Activities that constitute an alteration regulated by this section include changes to the size, depth or contour of the w etlands or its buffer, dredging, or alterations of wetlands or buffer vegetation. Alterations do not include wetland planting or the selective clearing or pruning of trees or vegetation that arc dead, diseased, noxious weeds or similar hazards. A wetland alteration pennit is not required when a wetland district is rezoned to another zoning classification. (b) Alteration of land within a wetland overlay district will only be allowed if water storage is provided in an amount compensatory to that removed. Unless otherwise approved by the City Council, compensatory wetland area must be provided within the same subwatershed district as the wetland being altered. In determining the appropriateness of an alteration request, the City Council will consider the size of the total wetland district, the magnitude of the area proposed for alteration, the aesthetic, hydrological and ecological effect, the type and funetion of wetlands involved, and such other factors as may be appropriate in order to provide the maximum feasible protection to the wetlands. Application for a wetlands alteration permit must be accompanied by such information as required by the City, including: (1) An approved wetland replacement plan application from the MCWD; (2) A concept plan showing the ultimate use of the property; A grading plan, in hard copy fomiat and a CAD or GIS fomiat in Hennepin County coordinates, with appropriate drainage calculations and erosion controls prepared by a registered engineer; (4) A landscaping or revegetation plan; (5) Such other information as may be nccessarj' or convenient to evaluate the proposed pennit; and A MnRA.M assessment completed by the MCWD. Sec. 78*161 1 Public Control of Wetlands. (a) The City Council may require that the owner of any property affected by this ordinance must establish wetland and buffer area easements or restrictive covenants to be recorded within the property's chain of title. These easements or covenants must describe the boundaries of the wetland and buffer area and prohibit any building, paving, mowing (unless approved as a buffer management plan), cutting, filling, dumping, yard waste disposal or fertilizer application within the wetland and the buffer area. The owner or developer must record these easements or covenants with the final plat, with deeds from a lot division or, if no subdivision is involved, before the City issues a grading pennit or building pennit for an affected property. The applicant must submit evidence that the casement or covenant has been submitted to the county for recording. (b) If the City Council does not require an easement or covenant, the City may record a notice of the wetland and buffer area requirements against the property. The property owner must still comply with the requirements of this section. Sec. 78-1612 Welland Buffer Markers. When new development or redev elopment results in multifamily residential or a business use, the developer must place markers at the upland boundary of the wetland 12 bufTer edge at least every two hundred feet. The developer must submit a location plan in hard copy fomiat and a CAD or GIS format in Hennepin County coordinates and must use uniform markers provided by the City. The City will charge a reasonable cost for the markers and approve the location of the markers prior to installation. See. 78-1613 Violations Violation of the provisions of this Ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law. See. 78-1614 Authority/Enforcement Aetions Nothing herein contained shall prevent the City of Orono from taking such other lawful action as is necessary to prevent or remedy any violation. Such actions may include but are not limited to; (1 ) In responding to a suspected Ordinance violation, the Planning Director and the City of Orono may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, injunctions, aflcr-thc-fact pemiits. and/or orders for corrective measures to the guilty party. (2) When an Ordinance violation is cillicr discovered by or brought to the attention of the Planning Director, the Planning Director shall immediately investigate the situation and document the nature and extent of the violation of the official control. As soon as is reasonably possible, this information will be submitted to the MCWD along with the Community's plan of action to correct the violation to the degree possible. (3) The Planning Director shall notify the suspected party of the icquircments of this Ordinance and all other official controls and the nature and extent of the suspected violation of these controls. If the structure and 'or use is under constniction or development, the Planning Director may order the construc'ion or development immediately halted until a proper pcmiit or approval i; granted by the Community. If the construction or development is already completed, then the Planning Director may either: (1) issue an order idcnti.'ying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls; or (2) notify the responsible party to apply for an aftcr- the-fact pcnniL'dcvclopmcnt approval within a .specified period of time not to exceed 30-days. (4) If the responsible party docs not appropriately respond to the Planning Director within the specified period of time, each additional day that lapses shall constitute an additional violation of this Ordinance and shall be prosecuted accordingly. The Planning Director shall also upon the lapse of the specified response period notify the landowner to restore the land to the condition which existed prior to the violation of this Ordinance. EFFECTIVE DATE: This Ordinance shall be in full force and effect from and after its passage and approval and publication, as required by law and/or charter. Adopted by the Orono City Council This (Day)(Month) (Year) Attest:, Mayor (Barbara A. Peterson) Attest:City Clerk (Linda S. Vee) Stamp With Community Seal: L. ARTICLE VIII. FLOODPLAIN MANAGEMENT ORDINANCE TABLE OF CONTENTS DIVISION 1 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE 78-1101 78-1102 78-1103 Statutory Authorization Findings of Fact Statement of Purpose DIVISION 2 GENERAL PROVISIONS 78-1104 78-1105 78-1106 78-1107 78-1108 78-1109 78-1110 78-1111 Lands to Which Ordinance Applies Establishment of Official Floodplain Overlay District Map Regulatory Flood Protection Elevation Interpretation Abrogation and Greater Restrictions Warning and Disclaimer of Liability Severability Definitions DIVISION 3 ESTABLISHMENT OF FLOODPLAIN OVERLAY.DIS IRICTS 78-1112 Districts 78-1113 Compliance DIVISION 4 FLOODWAY DISTRICT (FW) 78-1114 78-1115 78-1116 78-1117 Pcriniltcd Uses Standards for Floodway Pennitted Uses Conditional Uses Standards for Floodway Conditional Uses DIVISION 5 FLOOD FRINGE DISTRICT (FF) 78-1118 78-1119 78-1120 78-1121 78-1122 Pcmiittcd Uses Standards for Fliwd Fringe Permitted Uses Conditional Uses Standards for Flood Fringe Conditional Uses Standards for All Flood Fringe Uses DIVISION 6 GENERAL FLOOD PLAIN DISTRICT 78-1123 Permitted Uses 78-1124 Procedures for Floodway and Flood Fringe Determinations J Diiif ici’I Map. i/I/2004 rt\ui^-I- PAGE 1 1 1 2 2 2 2 2 5 6 6 6 7 7 9 9 10 10 12 13 13 DIVISION 7 SUBDIVISIONS 78-1125 Land Suitability Review Criteria 78-1126 Requirements for Floodway/Flood Fringe Determinations 78-1127 Removal of Special Flood Hazard Area Designation SECTION 8 UTILITIES. RAILROADS, ROADS. AND BRIDGES 78-1128 78-1129 78-1130 Public Utilities Public Transportation Facilities On-site Sewage Treatment and Water Supply Systems DIVISION 9 PLACEMENT OF RECREATIONAL VEHICLES 78-1131 Recreational Vehicles DIVISION 10 ADMINISTRATION 78-1132 78-1133 •’8-1134 78-1135 Planning Director Permits, Certification Requirements and Record Keeping Appeals and Variances/Duties of the City Council Conditional Uscs-Standards and Evaluation Procedures SECTION 11 NONCONFORMING USES 78-1136 Nonconfonnmg Uses SECTION 12 PENALTIES FOR VIOLATION 78-1137 Violations 78-1138 Authority/Fnforccment Actions SECTION 13 AMENDMENTS 78-1139 Floodplain Designation 78-1140 Amendments to the OfTicial Floodplain Overlay District Map i DilDicht Mapi 1/1/2004 -11- '■fete;.#*-. 14 14 14 14 15 15 15 13 17 17 17 18 19 20 20 23 23 23 24 24 ARTICLE VTII. FLOODPLAIN MANAGEMENT ORDINANCE ONE-MAP FORMAT* ^.4 Flood Insurance Rate Map has been published for the communiry and the Regulatory Floodway boundaiy is shown on this map. A sepaiate Flood Boundaiy and Floodway Map has not been published. DIVISION 1. STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE See. 78-1101 Statutory Authorization. The legislature of the State of Minnesota has, in Minnesota Statutes Chapter 103F and Minnesota State Statute 462.357 delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. Therefore, the City Council of the City of Orono, Minnesota does ordain as follows: See. 78-1102 Findings of Fact (a) The flood haz.ard areas of the City of Orono, Minnesota, are subject to periodic inundation which results in |x)tcntial loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. (b) Methods Used to Analyze Flood Hazards. This Ordinance is based upon a reasonable method of analyzing flood hazards which is consistent with the standards established by the Minnesota Department of Natural Resources. (e) National Flood Insurance Program Compliance. This Ordinance is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations Parts 59 -78, as amended, so as to maintain the community’s eligibility in the National Flood Insuianee Program. Sec. 78-1103 Statement of Purpose It IS the purjrose of this Ordinance to promote the public health, safety, and general welfare and »o minimize those losses described m Section 78-1102(a) by provisions contained herein. DIVISION 2. GENERAL PROVISIONS Sec. 78-H04 l.ands to Which Ordinance Applies: I his Ordinance shall apply to all lands wiihin the jurisdiction of the City of Orono show n on the Official i-'Ioodplain Overlay District Map and''or the attachments thereto as bemg located within the boundaries of the Floodw ay. Flood Fringe, or General Flood Plain Districts. Sec. 78-1105 Establishment of Official Floodplain Overlay District Map. I'he Official Floodplain Overlay District Map together with all materials attached thereto is hereby adopted by reference and declared to be a part of this ordinance. The attached material sliall include the Flood insurance Study. N'olume I of 2 and Volume 2 of 2. Hennepin County, Minnesota, All Jurisdictions and the Flood Insurance Rate Map panels numbered 27053C0144E. 27053C0165E. 27053C02S4E. 27053C0285E, 27053C0292E. 27053C0301E. 27053C03G2E. 27053C0303, 27053C0304E, 27053C0306E. 27053C0307E, 27053C030SE. 27053C0311E, 27053C0312E, 27053C0312E, 27053C0316E for the City of * Diililcl I Map. i/1'2004 HniiOi 1- Orono, dated September 2, 2004, as developed by the Federal Emergency Management Agency. The Official Floodplain Overlay District Map sliall be on file in the office of the Planning Director. Sec. 78-1106 Regulatory Flood Protection Elevation The regulatory flood protection elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway. Sec. 78*1107 Interpretation (a) In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the City Council and shall not be deemed a limitation or repeal of any other powers granted by state statutes. (b) The boundaries of the zoning districts shall be determined by scaling distances on the Official Floodplain Overlay District Map. Where interpretation is needed as to the e.\act location of the boundaries of the district as shown on the Official Floodplain Overlay District Map. as for example where there appears to be a conflict between a mapped boundary and actual field conditions and there is a formal appeal of the decision of the Planning Director, the City Council shall make the necessary interpretation. All decisions will be based on elevations on the regional (100-year) flood profile, the ground elevations that existed on the site at the time tne Community adopted its initial lloodplain ordinance, and other available technical data. Persons contesting the location of the district boundaries shall be given a reasonable opportunity to present their case to the City Council and to submit technical evidence. Sec. 78*1108 Abrogation and Greater Restrictions It is not intended by this Ordinance to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Ordinance imposes greater restrictions, the provisions of this Ordinance shall prevail. All other ordinances inconsistent with this Ordinance are hereby repealed to the extent of the inconsistency only. Sec. 78-1109 Warning and Disclaimer of IJabilily This Ordinance does not imply that areas outside the flood plain districts or land uses penr.ittcd within such districts will be free from flooding or flood damages. This Ordinance shall not create liability on the part of the City of Orono or any officer or employee thereof for any flood damages that result from reliance on this Ordinance or any administrative decision lawfully made thereunder. Sec. 78-1110 Severability If any section, clause, provision, or portion of this Ordinance is adjudged unconstiuitional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be .iffccted thereby. Sec. 78-1111 Definitions. (a) Unless specifically defined below, words or plirases used in this Ordinance shall be intcipreted so as to give them the same meaning as they have in common usage and so as to give this Ordinance its most reasonable application. Accessory Use or Structure * a use or structure on the same lot w ith, and of a nature customarily incidental and subordinate to, the principal use or structure. J District• I Map. 1/1/2004 t^x tsion *2* (10) (II) Basement • means any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level. Conditional Use - means a specific type of structure or land use listed in the official control that may be allowed but only after an in-depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls or building codes and upon a finding that; a.Certain conditions as detailed in the zoning ordinance exist. b.The structure and/or land use conform to the comprehensive land use plan if one exists and are compatible with the existing neighborhood. Equal Degree of Encroachment - a method of determining the location of flood way boundaries so that flood plain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. Flood - a temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results m the inundation of normally dry areas. Flood Frequency - the frequency for which it is e.xpected that a specific flood stage or discharge may be equaled or exceeded. Flood Fringe - that portion of the flood plain outside of the floodway. Flood fringe is synonymous with the tenn "floodway fringe" used in the Flood Insurance Study. Flood Plain - the beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood. (9) Flood Proofing • a combination of structural provisions, changes, or adjustments to properties and str uctures subject to flooding, primarily for the reduction or elimination of flood damages. Floodway • the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining flood plain which are reasonably required to carry or store the regional flood discharge. Fake Minnetonka - Lake hfinueionka means the naturally occurring lake shown on all the official maps referenced in this chapter, including all bays, channels, inlets, lagoons, marshland and other water-connected portions, whether naturally occurring or artificially created. Defined ordinary high water elevation. 929.4 feet MSL. b.Defined floodplain boundary. 100-ycar flood, 931 ,5 feet MSL as established by the Minnehaha Creek Watershed Distnet (MCWD). i Diitnct ! Map; t/i/2004 re\iston 3- r procedures set forth in this article. (20)Structure • anything constructed or erected on the ground or attached to the ground or on ­ site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, recreational vehicles not meeting the exemption criteria specified in Section 78-1131(1) of this Ordinance and other similar items. (21) Substantial Damage - means damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed SO percent of the market value of the structure before the damage occurred. (22)Substantial Improvement - within any consecutive 365-day penod, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction ” of the improvement. This term includes stnictures that have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either; a.Any project for improvement of a structure to coiTCCt existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. b.Any alteration of an “historic structure,” provided that the alter 'Mon will not preclude the structure’s continued designation as an "historic structure." For the purpose of this Ordinance, "historic structure" shall be as defined in Code of Federal Regulations, Part 59.1. (23)Variance - means a modification of a specific permitted development standard required in an official control including this Ordinance to allow an alternative development standard not stated as acceptable in the official control, but only as applied to a particular propert>’ for the purpose of alleviating a hardship, practical dilTiculty or unique circumstance as defined and elaborated upon in a community's respective planning and zoning enabling legislation. DIVl.SION 3. ESTAHLISIIMENT OF FLOODPLAIN OVERLAY DISTRICTS Sec. 78-1112 Districts (a) Ftoodway District. The Floodway District shall include those areas designated as floodway on the Flood Insurance Rate Map adopted in Section 78-1105. (b) Flood Fringe District. The Flood Fringe District shall include those areas designated as lloodway fringe. Fhc Flood Fringe District shall include those areas shown on the Flood Insurance Rate Map as adopted in Section 78-1105 as being within Zone AE but being located outside of the floodway. (c) General Flood Plain District. The General Flood Plain District shall include those areas designated as Zone A or Zone AE without a floodway on the Hood Insurance Rate Map adopted in Section 78-1105. J Dutrici^l Shp: 1/1/1004 leviston -5- Sec. 78-1113 Compliance No new structure or land shall hereafter be used and no structure shall be constructed, located, e.xtended, converted, or structurally altered without full compliance with the terms of this Ordinance and other applicable regulations which apply to uses within the junsdiction of this Ordinance. Withm the Floodway, Flood Fringe and General Flood Plain Districts, all uses not listed as permitted uses or conditional uses in Divisions 4, 5 and 6 that follow, respectively, shall be prohibited. In addition, a caution is provided here that: (1) New manufactured homes, replacement manufactured homes and certain travel trailers and travel vehicles arc subject to the general provisions of this Ordinance and specifically Division 9. Modifications, additions, structural alterations, normal maintenance and repair, or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this Ordinance and specifically Section 78- As-built elevations for elevated or flood proofed structures must be certified by ground surveys and flood proofing techniques must be designed and certified by a registered professional engineer or architect as specified in the general provisions of this Ordinance and specifically as stated in Section 78-1133 of this Ordinance. See. 78-1114 Permitted Uses DIVISION 4. floodway DISTRICT (FW) (a) General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. (b) Private and public golf courses, driving ranges, archery ranges, picnic grounds, public boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserv'cs, target ranges, trap and skeet ranges, hunting and fishing areas, and single or multiple purpose recreational trails. (c) Residential lawns, gardens, parking areas, boat launching ramps, and play areas, provided no tilling, grading or hardcover is involved. (d) Seasonally installed residential boat docks for single-family dwellings, (c) Natural stone nprap shoreline protection. (0 Sand beach blankets meeting the requirements of the DNR regulation 6MCAR1502 IB See. 78-1115 Standards for Floodway Permitted Uses fa) ITie use shall have a low flood damage potential. (b) The use shall be permissible in the underlying zoning distnct if one exists. J Distnch/ Map: l^t/2004 ftxistoti • 6 - > - !J r (c) The use shall not obstruct flood flows or increase flood elevations and shall not involve structures, fill, obstructions, excavations or storage of materials or equipment. (d) The use shall be permitted within the floodway district to the extent that they are not prohibited by any other provision of this Code and provided all permits or authorizations arc received as may be required by other provisions of this Code or regulation of other governmental agencies having jurisdiction, including without limitation, the Minnesota Department of Natural Resources, the Minnehaha Creek Watershed District, and the Lake Minnetonka Conservation District. (e) No use shall adversely affect the capacity of the channels or floodways or any tributary to the mam stream or of any drainage ditch, or any other drainage facility or system. See. 78-1116 Conditional Uses (a) Structures accessory to the uses listed in 78-1114 above and the uses listed in 78-1116(a) subsections 1 - 8 below. 1. lixtraction and storage of sand, gravel, and other matcnals. 2. Marinas, boat rentals, docks, piers, wharves, and water control structures. 3. Railro.ids, streets, bridges, utility transmi.ssion lines, and pipelines. 4. Storage yards for equipment, machinery, or materials. 5. Placement of fill or construction of fences. 6. .Structural works for flood control such as levees, dikes and floodwalls constructed to any height where the intent is to protect individual structures and levees or dikes where the intent is to protect agricultural crops for a frequency flood event equal to or less than the lO-ycar frequency flood event. 7. All other fonns of shoreline protection, including wood, metal mortared stone or concrete seawalls. 8. All permanent boat docks or other similar structures. See. 78-1117 Standards fur Huodway Conditional Uses (a) All Uses. No structure (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction, storage of materials or equipment, or other uses may be allowed as a conditional use that w ill cause any increase in the stage of the 100-year or regional flood or cause an increase in flood damages in the leach or reaches affected. (b) All floodway conditional u.ses shall be subject to the procedu'es and standards contained in Section 78-1135 of this Ordinance. (c) The conditional use shall be permissible in the underlying zoning district if one exists. J Duinci-I Map. 1/10004 tr»iion -7- Fill; 1.Fill, dredge spoil, and all other similar materials, if approved to be deposited or stored, deposited or stored in the flood plain shall be no more than the minimal amount necessary to conduct a conditional use. The fill, dredge spoil, and all other similar materials deposited or stored m the flood plain shall be protected from erosion by vegetative cover, mulching, riprap or other acceptable method. 2.Dredge spoil sites and sand and gravel operations shall not be allowed in the floodway unless a long-term site development plan is submitted which includes an erosion/sedimentation prevention element to the plan. 3.As an alternative, and consistent with Subsection (d)(2) immediately above, dredge spoil disposal and sand and gravel operations may allow temporary, on-site storage of fill or other materials which would have caused an increase to the stage of the 100-year or regional flood but only after the Governing Body has received an appropriate plan which assures the removal of the materials from the floodway based upon the flood warning time available. The conditional use peiinit must be title registered with the pioperty in the Office of the County Recorder. 4. All filling and grading activities shall be performed with only clean fill, Accessory Strvictures 1 . Accessory structures shall not be designed for human habitation. 2. Aceessory structures, if pemiitied, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters: a.Whenever possible, structures shall be constructed with the longitudinal a.\is parallel to the direction of flood flow; and b.So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures. 3.Accessory structures .■•hall be elevated on fill or structurally dry flood proofed in accordance with the M»-l or l F-2 flood proofing classifications in the State Building Code. As an alternative, an accessory structure may be flood proofed to the I P-3 or FP-4 flood proofing classification in the State Building Code provided the accessory structure constitutes a minimal investment, does not exceed 500 square feet in size at Its largest projection, and for a detached garage, the detached garage must be used solely for pa.'king of vehicles and limited storage. All flood proofed accessory structures must meet the following additional standards; a.The structure must be adequately anchored to prevent flotation, collapse or lateral movement of the structure and shall be designed to equalize hydrostatic flood forces on exterior walls; S Distnchl Map, tn/2004 revision 8- * b. Any mechanical and utility equipment in a structure must be elevated to or above the regulatory flood protection elevation or properly flood proofed; and c.To allow for the equalization of hydrostatic pressure, there must be a minimum of two “automatic” openings in the outside walls of the structure having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. There must be openings on at least two sides of the strueture and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door pnor to flooding w'll! not satisfy this requirement for automatic openings. Storage of Materials and Equipment. 1.The storage or processing of materials that arc, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. 2.Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a Hood warning and in accordance with a plan approved by the City Council. (g) Flood Control. Structural w'orks for flood control that will change the course, current or cross section of protected w'ctlands or public waters shall be subject to the provisions of Minnesota Statute. Chapter 103G. Community-wide structural works for flood control intended to remove areas from tlic regulatory flood plain shall not be allowed in the floodway. (h) A levee, dike or floodw-all constructed in the lloodw-ay shall not cause an increase to the 100' year or regional flood and the tcclmical analysis must assume equal conveyance or storage loss on both sides of a stream. DIVISION 5. FLOOD FRINGE DISTRICT (FF) Sec. 78-1118 Permitted Uses The uses listed m Section 78-1114 of this Ordinance .shall be permitted uses. (b) All other permitted uses shall be those uses of land or structures listed as pennitted uses in the underlying /oiiing use distncl(s). If no pre-existing, underlying zoning u.se districts exist, then any residential or non residential structure or use of a structure or land shall be a permitted use in the Flood Fringe District provided such use does not constitute a public nuisance. All permitted uses shall comply w ith the stanJaids for Flood Fiiiige District “Permitted Uses” listed in Section 78-1119 and the "Staiidaids foi all Flood Fringe Uses" listed in Section 78-1122. Sec. 78-1119 Standards for Flood Fringe Permitted Uses (a) All structures, including accessory structures, must be elevated on fill so that the lowest floor including basement floor is at or above the regulatory flood protection elevation. The finished fill elevation for structures shall be no lower than one (1) foot below the regulatory flood protection elevation and the fill i Dtsotci-l Map, i/i/2004 •^vtston ■ 9- '<A> *- shall extend at such elevation at least fifteen (15) feet beyond the outside limits of the structure erected thereon. (b) As an alternative to elevation on fill, accessory structures that constitute a minimal investment and that do not exceed 500 square feet at its largest projection may be internally flood proofed in accordance with Section 78-1117(e)(3). (c) The cumulative placement of fill where at any one time in excess of one-thousand (1,000) cubic yards of fill is located on the parcel shall be allowable only as a conditional use, unless said fill is specifically intended to elevate a structure in accordance with Section 78-1119(a) of this ordinance. (d) The storage of any materials or equipment shall be elevated on fill to the regulatory flood protection elevation. The provisions of Section 78-1122 of this Ordinance shall apply. See. 78-1120 Conditional Uses Any structure that is not elevated on fill or flood proofed in accordance with Section 78-1119(a) - (b) and or any use of land that does not comply with the standards in Section 78-1119(c) and (d) shall only be allowable as a conditional use. An application for a conditional use shall be subject to the standards and criteria and evaluation procedures specified in Sections 78-1121 - 78-1122 and 78-1135 of this Ordinance. Sec. 78-1121 Standards for Flood Fringe Conditional Uses Alternative elevation methods other than the use of fill may be utiliircd to elevate a structure's lowest floor above the regulatory Hood protection elevation. These alternative methods may include the use of stilts, pilings, parallel walls, etc., or above-grade, enclosed areas such as crawl spaces or tuck under garages. The base or floor of an enclosed area shall be considered above-grade and not a structure's basement or lowest floor if: 1) the enclosed area is above-grade on at least one side of the structure; 2) it is designed to internally flood and IS constructed with flood resistant materials, and 3) it is used solely for parking of vehicles, building access or storage. The above-noted alternative clesation methods arc subject to the following additional standards: a.Design and Certification - The structure's design and as-built condition must be certified by ? registered proiessional engineer or architect as being in compliance with the general design standards of the State Building Code and, specifically, that all electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities must be at or above the regulatory flood protection elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding. Specific Standards for Above-grade. Enclosed Areas - Above-grade, fully enclosed areas such as craw 1 spaces or tuck under garages must be designed to internally flood and the design plans must stipulate: 1.A minimum area of openings in the w alls w here internal flooding is to be used as a flood proofing technique. There shall be a minimum of two openings on at least t%vo sides of the Structure and the bottom of all openings i Distnct'l Stop, 1/H004 rexiaon •10- 11. II 2. shall be no higher than one-foot above grade. The automatic openings shall have a minimum net area of not less than one square inch for every square foot subject to flooding unless a registered professional engineer or architect certifies that a smaller net area would suffice. The automatic openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters without any form of human intervention; and That the enclosed area will be designed of flood resistant matenals in accordance with the FP-3 or FP-4 classifications in the State Building Code and shall be used solely for building access, parking of vehicles or storage. Basements, as defined by Section 78-1111(a)(2) of this Ordinance, shall be subject to the following; a. b. Residential basement construction shall not be allowed below the regulatory flood protection elevation. Non-residential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry flood proofed in accordance with Section 78-1121(3) of this Ordinance. All areas of non residential structures including basements to be placed below the regulatory flood protection elevation shall be flood proofed in accordance with the structurally dry flood proofing classifications in the State Building Code. Structurally dry flood proofing must meet the FP-1 or FP-2 flood proofing classification in the State Building Code and this shall require making the structure watertight w ith the walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Structures flood proofed to the FP-3 or FP-4 classification shall not be permitted. When at any one time more than 1,000 cubic yards of fill or other similar material is located on a parcel for such activities as on-site storage, landscaping, sand and gravel operations, landfills, roads, dredge spoil disposal or construction of flood control works, an crosion/scdimcntation control plan must be submitted unless the community is enforcing a state approved shoreland management ordinance. In the absence of a state approved shorcland ordinance, the plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the 100-ycar or regional flood event The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the City Council. The plan may incorporate alternative procedures for removal of the material from the flood plain if adequate flood w arning time exists. Storage of Materials and Equipment. a.The storage or processing of materials that arc, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. i DUUict'l Map: 1/1/2004 revision -11 - b.Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the City Council. (6) The provisions of Section 78-1122 of this Ordinance shall also spply. Sec. 78«1122 Standards for All Flood Fringe Uses: (a) All new principal structures must have vehicular access at or above an elevation not more than two (2) feet below the regulatory flood protection elevation. If a variance to this requirement is granted, the City Council must specify limitations on the period of use or occupancy of the structure for times of flooding and only after detennining that adequate flood warning time and local flood emergency response procedures exist. (b) Commercial Uses - accessory land uses, such as yards, railroad tracks, and parking lots may be at elevations lower than the regulatory flood protection elevation. However, a permit for such facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would be inundated to a depth and velocity such that when multiplying the depth (in feet) times velocity (in feet per second) the product number exceeds four (4) upon occuncnce of the regional flood. (c) Manufacturing and Industrial Uses - measures shall be taken to minimize interference with nomial plant operations especially along streams having protracted flood durations. Certain accessory land uses such as yards and parking lots may be at lower elevations subject to requirements set out in Section 78- 1 122(b) above. In considering permit applications, due consideration shall be given to needs of an industry whose business requires that it be located in flood plain areas. (d) Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover or other acceptable method. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on till above the 100-year flood elevation - FE.MA's requirements incorporate specific fill compaction and side slope protection standards for multi-sUucture or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. (e) Flood plain developments shall not adversely affect the hydraulic capacity- of the channel and adjoining flood plain of any tributary watercourse or drainage system where a floodway or other encroachment limit has not been specified on the Official Floodplain Overlay District Map. Standards for recreational vehicles arc contained in Section 78-1131. (g) All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral mosement. Methods of anchoring may include, but arc not to be limited to, use of over-lhc-top or frame tics to ground anchors. 1 his requirement is in addition to applicable state or local anchoring requirements for resisting wind forces. DIVISION 6. GENERAL FLOOD PLAIN DISTRICT 1 Dt Strict-I Map. I/i/2004 rtiision -12- Sec. 78-1 123 Permitted Uses ‘ihc uses listed in Section 78-1114 of this Ordinance shall be permitted uses. (b) All other uses shall be subject to the floodway/flood fringe evaluation criteria pursuant to Section 78-1124 below. Division 4 shall apply if the proposed use is in the Floodway District and Division 5 shall apply if the proposed use is in the Flood Fringe District. Sec. 78-1124 Procedures for Floodway and Flood Fringe Determinations within the General Flood Plain District. (a) Upon receipt of an application for a permit or other approval within the General Flood Plain District, the applicant shall be required to furnish such of the following infonnation as is deemed necessary by the Planning Director for the determination of the rcgulatorv- flood protection elevation and whether the proposed use is within the Floodway or Flood Fringe District. 1.A typical valley cross-section(s) showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and high water information 2.Plan (surface view) showing elevations or contours of the ground, pertinent structure, fill, or storage elevations, the size, location, and spatial arrangement of all proposed and e.xisting structures on the site, and the location and elevations of streets. 3.Photographs showing exi.sting land uses, vegetation upstream and downstream, and soil tyjies. 4.Profile showing the slope of the bottom of the channel or flow line of the stream for at least 500 feet in either direction from the propo.sed development. (b) The applicant shall be responsible to submit one copy of the above infonnation to a designated engineer or other expert person or agency for technical assistance in determining whether the proposed use is in the l-loodway or Flood Fringe District and to determine the regulatory flood protection elevation. Procedures consistent with Minnesota Regulations 1983, Parts 6120.5000 - 6120.6200 and 44 Code of Federal Regulations Part 65 shall be followed in this expert evaluation. The designated engineer or expert is .strongly encouraged to discuss the proptxscd technical evaluation methodology with the respective Department of Natural Resources' /\rea Hydrologist prior to commencing the analysis. The designated engineer or expert shall 1. 2. Estimate the peak discharge of the regional flood. Calculate the w ater surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas. 3.Compute the floodway necessary to convey or store the regional flood w ithout increasing flood stages more than 0.5 foot. A lesser stage increase than 0.5' shall be required if, as a result of the additional stage increase, increased flood damages 1 Dturift-i Map, nyUlm -13 would result. An equal degree of encroachment on both sides of the stream within the reach shall be assumed in computing floodway boundaries. (c) The Planning Director shall present the technical evaluation and findings of the designated engineer or expert to the Governing Body. The Governing Body must formally accept the technical evaluation and the recommended Floodway and/or Flood Fringe District boundary or deny the permit application. The Governing Body, prior to official action, may submit the application and all supporting data and analyses to the Federal Emc .gcncy Management Agency, the Department of Natural Resources or the City Council for review and comment. Once the Floodway and Flood Fringe District Boundaries have been determined, the Governing Body shall refer the matter back to the Planning Director who shall process the pcimit application consistent with the applicable provisions of Divisions 4 and 5 of this Ordinance. DIVISION 7. SUBDIVISIONS See. 78-1125 Review Criteria No land shall be subdivided which is unsuitable for the reason of flooding, inadequate drainage, water supply or sewage treatment facilities. All lots within the flood plain districts shall be able to contain a building site outside of the Floodway District at or above the regulatory flood protection elevation. All subdivisions shall have water and sewage treatment facilities that comply with the provisions of this Ordinance and have road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation. For all subdivisions in the flood plain, the Floodway and Flood Fringe District boundaries, the regulatoiy flood protection elevation and the required elevation of all access roads shall be clearly labeled on all required subdivision drawings and platting documents. See. 78-1126 Floodway/Flood Fringe Determinations in the General Flood Plain District In the General Mood Plain District, applicants shall provide the information required in Section 7S- 1124 of this Ordinance to determine the 100-ycar flood elevation, the Floodway and Flood Fringe District boundaries and the regulatory flood protection elevation for the subdivision site Sec. 78-1127 Removal of Special Flood Hazard Area Designation The Federal Emergency Management Agency (l EMA) has established criteria for removing the special flood lia/ard area designation for certain structures properly elevated on fill above the 100-ycar flood elevation. FEMA's requirement incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of .special flood hazard area designation will be requested. DIVISION 8. PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES 78-1128 PubUc Utilities All public utilities and facilities such as gas. electrical, sewer, and water supply systems to be located in the flood plain shall be flood prtKifcd in accordance with the State Building Code or elevated to above the regulatory flood piotcction elevation. 78-1 12<) Public Transportation Facilities Railroad tracks, toads, and bridges to be located within the flood plain shall comply with Divisions 4 and 5 of this Ordinance. Elevation to the regulatory flood protection elevation shall be provided w here failure or interruption of these transportation facilities w ould result in danger to the public health or safety or where such facilities arc essential to the orderly functioning of the area. Minor or auxiliary roads or railroads J Pittnet I Map; 1/1/2004 rexision 14- 1 i' may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety. 78-1130 On-site Sewage Treatment and Water Supply Systems Where public utilities are not provided: 1) On-site water supply systems must be designed to minimire or eliminate infiltration of flood waters into the systems; and 2) New or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and they shall not be subject to impairment or contamination dunng times of flowing. Any sewage treatment system designed in accordance with the State's current statewide standards for on-site sewage treatment systems shall be determined to be in compliance with this Section. DIVISION 9. PLACEMENT OF RECREATIONAL VEHICLES Sec. 78-1131 Recreational Vehicles Recreational vehicles that do not meet the exemption criteria specified in Section 78-1131(1) below shall be subject to the provisions of this Ordinance and as specifically spelled out in Section 78-1131 (3) below. Exemption - Recreational vehicles arc exempt from the provisions of this Ordinance if they are placed in any of the areas listed in Section (2) below and further they meet the follow ing criteria: a. b. Have current licenses required for highway use. Are highway ready meaning on wheels or the internal jacking system, arc attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks and the recreational vehicle has no permanent structural tyjic additions attached to it. c.The recreational vehicle and associated use must be permissible in any pre-existing, underlying zoning use district. Areas Exempted For Placement of Recreational Vehicles: Individual lots or parcels of record. b.Existing commercial recreational vehicle parks or campgrounds. c. Existing condominium type associations. Rccieational vehicles exempted in Section 781 131(1) above lose this exemption when development occurs on the parcel exceeding S500 for a structural addition to the recreational vehicle or exceeding S.'iOO for an accessory structure such as a garage or storage building 1 he rcc) rational vehicle and all additions and accessory structures w ill then be ticaled as a new structure and shall be subject to the clevation/flood proofing requirements and the use of land restrictions si>ecified in Divisions 4 and 5 of this Ordinance. There shall be no development or improvement on the parcel or attachment to the recreational vehicle that ) DUtnil'l Map. 1/1/2004 rr>fti0ii hinders the removal of the recreational vehicle to a flood-free location should flooding occur. DIVISION 10. ADMINISTRATION See. 78-1132 Planning Director A Planning Director or designee shall administer and enforce this Ordinance. If the Planning Director finds a violation of the provisions of this Ordinance the Planning Director shall notify the person responsible for such violation in accordance w ith the procedures slated in Section 78-113S of the Ordinance. Sec. 78-1133 Permit Requirements (a) Pennit Required. A Permit issued by the Planning Director in confoimity with the provisions of this Ordinance shall be secured prior to the erection, addition, modification, rehabilitation (including nonnal maintenance and repair), or ullcralion of any building, structure, or portion thereof; prior to the use or change of use of a building, .structure, or land; prior to the construction of a dam, fence, or on­ site septic system; prior to the change or extension of a nonconforming use; prior to the repair of a structure that has been damaged by flood, fire, tornado, or any other souice, and prior to the placement of fill, excavation of materials, or the storage of materials or equipment within the flood plain. (b) Application for Pennit. Application for a permit ahall be mailc in duplicate to the Planning Director on forms funushed by the Planning Director and shall include the follow ing where applicable; plans in duplicate draw n to scale, sluiw ing the nature, location, dimensions, and elevations of the lot; existing or proposed structures, fill, or storage of materials, and the location of the foregoing in relation to the stream channel (c) State and Federal Pcnnits. Prior to granting a permit or processing an application for a conditional use permit or variance, the Planning Director shall dclcnnine that the applicant has obtained all necessary state and federal permits. (d) Certificate of Zoning C'onipliancc for a New , Altered, or Nonconforming Dse. It shall be unlawful to use, occupy, or permit tlic u.se or occupancy of any building oi premises or part thereof hereafter created, erected, changed, converted, altered, or enlarged m its use or structure until a ccrlificaic of zoning compliance has been issued by the Planning Director staling that the use of the building or land conforms to tlie ici|uiicnicnts of this Oidinancc. (c) Construction and Use to be as Provided on Applications, Pl.ins, Pcimits, Variances and C ertilicatcs of Zoning Compliance. Permits, conditional use peimits, or certificates ot zoning compliance issued on the basis of approved plans and applications authorize only the use. arrangement, and construction foitli in such approved plans and apphcalions, and no other use, anangement, or construction. Any use, arrangcmcnl. or consti uctiun at variance with that aulhonzed shall be deemed a violation of this Ordinance, and punishable as provided by Section 78-1138 of this Oidinancc. (0 C'crtificalion. The applicant shall be required to submit certification by a registered professional engineer, registered architect, or registered land sur\ c>or that the finished fill and building elevations vverc accomplished in compliance with the provisions of this Ordinance Flood proofing measures shall be certified by a registered professional engineer or registered architect j Ptitnchi Map; Pl '2004 mistnn 16- (g) Record of First Floor Elevation. The Planning Director shall maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the floodplain. The Planning Director shall also maintain a record ol the elevation to which structures or alterations and additions to structures are flood-proofed. (h) Notifications for Watercourse Alterations. The Planning Director shall notify, in riverine situations, adjacent communities and the Commissioner of the Department of Natural Resources prior to the community authorizing any alteration or relocation of a watercourse. If the applicant has applied for a permit to work in the beds of publie waters piir.suant to Minnesota Statute, Chapter 103G, this shall suffice as adequate notice to the Commissioner of Natural Resources. A copy of said notification shall also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FE.M.\). (i) Notification to FEMA When Physical Changes Increase or Decrease the 100-year Flood elevation. As soon as is practicable, but not later than six (6) months after the date such supporting information becomes available, the Planning Director shall notify the Chicago Regional Office of FEMA of the changes by submitting a copy of said technical or .scientific data Sec. 78-11.14 Appeals ami Variaiices/Dulles of the City Council (a) Rul<*s. The City Council shall adopt rules for the conduct of business and may exercise all of the powers conlurcd on such Hodies by State law. (b) Admimstiativc Review. The City Council shall hear and decide appeals where it is alleged there is error in any order, lequircment, decision, or determination made by an administrative otficial in the cnforccnicnt or adimmsli ulion of this Ordinance. (c) Variances. I'lic City Council may authorize upon appeal in specific cases such relief or variance from the terms of this Oidmancc as will not be contrary to the public interest and only for those circumsl.inces such as hardship, practical difficultie.s or circumstances unique to the property under consideration, as provided for in the respective enabling legislation for planning and zoning for cities or counties as appiopriate In tlic granting of such variance, the City Council shall clcaily identify in \niting the .specific conditions that e.visted consistent w ith the criteria specified in this Ordinance, any other zoning tegulalions m the Coiiimiinity, and m the respective enabling legislation that ju.stified the granting of the variance. No variance shall have the et tect ot allow ing in any district uses prohibited in that district, pemiit a lower degree of flood piotection than the regulatory flood protection elevation for the particular area, or pci nut .standards low er lliait those required by state law. The following additional variance criteria of the I cdcral Eineigcncy Manageincnl Agency mu.st be .satisfied; 1.V,-.nances shall not be issued by a ermunumty within any designated regulatory flv>odway if any increase in flood levels during the base flood discharge would result Vai lances shalf only be issued by a community upon (i) a show ing of good and suf ficient cause, (ii) a dcicrmmation tliat failure to grant the variance would result in exceptional haidship to the applicant, and (ni) a detcnmnation that the granting of a variance w ill not result in incicased llo»>d heights, additional tlucats to public safety, extraordinary public cx|>cnsc. create nuisances, cause fraud on or victimization of the public, ot conllict w ith existing local laws or ordinances. J Dtitrta-I Viip; l^t '1004 inlt/an - 17- 3. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (d) Hearings. Upon filing with the City Council of an appeal from a decision of the Planning Director, or an application for a variance, ihe City Council shall fix a reasonable time for a hearing and give due notice to the parties in interest as specified by law. The City Council shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed variances sufficiently in advance so that the Commissioner will receive at least ten days notice of the hearing. (c) Decisions. The City Council shall arrive at a decision on such appeal or vanance within 60 days. In passing upon an appeal, the City Council may, so long as such action is in conformity with the provisions of this Ordinance, reverse or atii Tn, wholly or in part, or modify the order, req .rement, decision or determination of the Planning Director or other public official. It shall make its decision in wnting setting forth the findings of fact and the reasons for i , decisions. In granting a variance the City Council may prc.scnbc appropriate conditions and safeguards such as those specified in Scctu :i 78-1135(6>, which arc in confonnity with the purposes of this Ordinance. Violations of such conditions and s.’feguards. when made a part of the terms under which the variance is granted, shall be deemed a violation of this Ordinance punishable under Section 78-1 138. A copy of all decisions granting variances shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. (0 Appeals. Appeals from any decision of the City Council may be made, and as sjx’cified in this community's official controls and also by Minnesota Statutes. (g) Flood Insurance Notice and Record Keeping. The Hlannin^, Director shall notify the applicant lor a variance that; 1) 1 he issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as S25 for $100 of insurance coverage and 2) Such construction below the 100-ycar or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all var. uce actions. A community shall maintain a record of all variance actions, including justification for their is- jance, and rep«irt such variances issued in its annual or biennial report submitted to the Administrator of the National Flood Insurance Program ,Scc. 78-1135 Conditional Uses. The City Council shall hear and decide applications for conditional uses permissible under this Ordinance. Applications shall be submitted to the Planning Directoi who shall forward the application to City Council for consideration. (1)Hearings. Upon filing with the City an application for a conditional use permit, the City shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed conditional use sufficiently in advance so that the Conunissioner will receive at least ten days notice of the hearing. Decisions. The City Council shall arrive at a decision on a conditional use within 60 days. In granting a conditional use permit the City Council shall prescribe appropriate conditions and safeguards, in addition to those specified in Section 7S-1135(6), which are in conformity with the purposes of this Ordinance. Violations of «uch conditions and safeguards, w hen made a part of the tenn.s under which the conditional use pemiit is granted, shall be deemed a violation of this Ordinance punishable under Section 78-1138. A copy of all decisions S iytunci i 1/1/2QQ4 rf\ision - IS-I granting conditional use permits shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. Procedures to be followed by the City in Passing on Conditional Use Permit Applications Within all Flood Plain Districts. a.Require the applicant to furnish such of the following information and additional information as deemed necessar>‘ by the Citj' for determining the suitability of the particular site for the proposed use: I.Plans in triplicate drawn to scale showing the nature, location, dimensions, and elevation of the lot, existing or proposed structures, fill, storage of materials, flood proofing measures, and the relationship of the above to the location of the stream channel; and 2. Specifications for building construction and materials, flood proofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities. b.Transmit one copy of the information described in subsection (a) above to a designated engineer or other expert person or agency for technical assistance, where necessary, in evaluating the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection, and other technical matters. c.Based upon the technical evaluation of the designated engineer or expert, the City Council sii.''ll determine the specific flood hazard at the site and evaluate the suitability of the proposed v*sc m relation to the flood hazard. Factors Upon Which the Decision of the City Council Shall Be Based. In passing upon conditional use applications, the City Council shall consider all relevant factors specified in otlicr sections of this Ordinance, and; a.The danger to life and property due to .ticreascd flood heights or velo nties caused by encroachments. b.The danger that materials ma;, be swept onto other lands or downsttcam to th.e injuiy of others 01 they may block bmlges, culverts or other hydraul c structures. c.The projio.sed water supply and sanitation systems and the ability of these .systems to pievent disease, contamination, and unsanitary conditions. d.The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the indi\ idual owner. The importance of the services prov..led by the proposed facilitv to the community: f.The requiiemcnts of the facility' for a waterfront location. J DiiUict-l Map. ////JOiW ttviiioM -19- g. The availability of alternative locations not subject to flooding for the proposed use. h.The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. 1.Tlie relationship of t’ : proposed use to the comprehensive plan and flood plain management program for the area. J-The sifety of access to the property in times of flood for ordinary and emergency vehicles. k.The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site. 1.Such other factors which arc relevant to the purposes of this Ordinance. Time for Acting on Application. The City Council shall act on an application in the manner described above within 60 days from receiving the application, except that where additional infomiation is requited pur suant to Section 78-1135(3) of this Ordinance. The City Council shall render a written decision within 60 days from the receipt of such additional infonnation Conditions Attached to Conditional Use Permits. Upon consideration of the factors listed above and the purpose of this Ordinance, the City Council shall attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this Ordinance. Such conditions may include, but arc not limited to, the following: a. b. c. d. Modification of waste treatment and water supply facilities. Limitations on period of use, occupancy, and operation. Imposition of operational controls, sureties, and deed restrictions. Requirements for construction of channel modifications, compensator) storage, dikes, levees, and other piotcctivc measures. Flood proofing measures, in accordance w ith the State Building Code and this Ordinance. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the flood proofing measures are consistent with the regulatory flood protection elevation and as.sociated flood factors for the particular area. DIVISION 11. NONCONFORMING USLS Sec. 78-11.*6 Nuiicunfuriiiing l’.scs A st. ucturc or the use of a structure or premises w hich w as law ful before the passage or amendment of this Ordinance but w hich is not in confonmty w ith the provisions of this Ordinance may be continued subject to the following conditions. Historic structures, as defined in Section 78-u 1 l(a)(22)(b) of this Ordinance, shall be subject to the provisions of Sections 78-1136(1) - (5) of this Ordinance. S Dtsiiici I i\hp. UI/^004 teusion ■ 20- r Yi «■>) No such use shall be expanded, changed, enlarged, or altered in a way that increases its nonconformity. Any structural alteration or addition to a nonconforming structure or nonconforming use which would result in increasing the flood damage potential of that structure or use shall be protected to the Regulatory Flood Protection Elevation in accordance with any of the elevation on fill or flood proofing techniques (i.c., FP-1 thru FP-4 lloodproofing classifications) allowable in the State Building Code, except as further restricted in (3) and (6) below. The cost of any structural alterations or additions to any nonconforming structure over the life of the structure shall not exceed 50 percent of the market value of the structure unless the conditions of this Section are satisfied. The cost of all structural alterations and additions constructed since the adoption of the Community's initial flood plain controls must be calculated into today's current cost which will include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the current cost of all previous and proposed alterations and additions exceeds 50 percent of the current market value of the structure, then the structure must meet the standards of Division 4 or 5 of this Ordinance for new structures depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. If any nonconforming use is discontinued for 12 consecutive months, any future use of the building premises shall conform to this Ordinance. The Assessor shall notify the Planning Director in writing of instances of nonconforming uses that have been discontinued for a period of 12 months. If any iionconfonning use or structure is substantially damaged, as defined in Sectum 78- 1 1 1 l(a)(2I) of this Ordinance, it shall not be reconstructed except in conformity with the provisions of this Ordinance. The applicable provisions for establishing new uses or new structures in Divisions 4, 5 or 6 will apply depending upon whether the use or structure is in the Floodway, Flood Fringe or General Flood Plain District, respectively. If a substantial improvement occurs, as defined m Section 78-1111(a)(22) of this Ordinance, from any combination of a building addition to the outside dimensions of the existing building or a rehabi'i ation. reconstruction, alteration, or other improvement to the inside dimensions of an exisong nonconfonnmg building, then the budding addition (as required by Section 78-1130(2) above) and the existing nonconforming building must meet the requirements of Divisions 4 or 5 of this Ordinance for new structures, depending upon whether the structure is in the Floodway or Flood Fringe Distnet, respectively. niVl.SlON 12. I'l NAl.r'-SFOR VIOI .MION Sec. 78-1137 Violations Violation of the provisions of this Ordinance or failuie to coiii|ily with any of its lequiiements (including violations of conditions and safeguards established in connection with grants of variances or conditional u.ses) shall constitute a misdemeanor and shall be punishable as defmed by law. See. 78-1138 Authorltv/Fnforeemenl Actions 3 DistnchI Map. 1/1/2004 textuon -21 • Nothing herein contained shall prevent the City of Orono from talcing such other lawful action as is necessary to prevent or remedy any violation. Such actions may include but are not limited to; (1) In responding to a suspected Ordinance violation, the Planning Director and Local Government may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, injunctions, after-the-fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. 1 he Community must act in good faith to enforce these official controls and to correct Ordinance violations to the e.xtent possible so as not to jeopardize its eligibility in the National Flood Insurance Program. (2) When an Ordinance violation is either discovered by or brought to the attention of the Planning Director, the Planning Director shall immediately investigate the situation and document the nature and extent of the violation of the official control. As soon as is reasonably possible, this information will be submitted to tlie appropriate Department of Natural Resourc'*s' and Federal Emergency Management Agency Regional Office along with the Community's plan of action to correct the violation to the degree possible. (3) The Planning Director shall notify the suspected party of the requirements of this Ordinance and all other official controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or development, the Planning Director may order the construction or development immediately halted until a proper pennit or approval is granted by the Community. If the construction or development is already completed, then the Planning Director may either; (1) issue an order identifying the corrective actions that must be made within a specified time period to bring the use or .structure into compliance with the official controls; or (2) notify the re.sponsible party to apply for an after-the-fact pcrmit/devclopinent approval within a specified period of time not to exceed 30-days. (• > If the responsible party docs not appropriately respond to the Planning Director within the specified period of time, each additional day that lapses shall constitute an additional violation of this Ordinance and shall be prosecuted accordingly. The Plaiuung Director shall also upon the lapse of the specified response period notify the landowner to restore the land to the condition which existed prior to the violation of this Ordinance. DIVISON 13. AMENDMEN I S Sec. 78-1139 Floodplain Designation The Hood plain designation on the Official Floodplain Overlay Distiict Map shall not be removed from flood plain areas unless it can be shown that the designation is in cnor or that the area has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the flood plain. Special exceptions to this rule may be permitted by the Commissioner of Natural Resources if he determines that, thiough other measures, lands are adequately protected for the intended use. Sec. 78-1140 Amendments All amendments to this Ordinance, including amendments to the Official Floodplain Overlay District Map. must be submitted ') and approved by the CommisstonCT of Natural Resources prior to adoption. Changes in the Official Floodplain Overlay District Map mast meet the Federal Emergency Management Agency ’s (FEMA) Technical Conditions and Criteria and must receive pnor FEMA approval before i Dm net't Map. in/2004 tevision -22-