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07-26-2004 Council Packet
COIIM^" mccting AGENDA FOR COUNCIL MEETING SET FOR MONDAY, JULY 26, ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, (*) Asterisk items arc considered to be routine items to be enacted upon by one motion by the City Council under the Consent Item* on the agenda. Memos regarding each of the Agenda items arc available in the Public Packet • located on the counter near the sign in sheet. ROLL CAU C ONSENT AGENDA 1. Approve/Amend APPROVAL OF MINUTES • 2. Regular Council Meeting of July 12, 2004 7:00 P.M. - INFORMATIONAL MEETING 3. Birch Lane Drainage Impro\ ement Project PARK COMMISSION COMMENTS - Andrew McDermott, Representative PLANNING COMMISSION COMMENTS - Marc Fritzler, Representative LMCD REPORT - Debora Halvorson GOLF COURSE SUPERINTENDENT REPORT - Ron Steffenhagen PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT * 4, #04-3026 David Pomije, 801 Torikawa Road - After-thc-Fact Variance - Resolution * 5. #04-3030 Dr. Martha Spencer, 1005 Willow Drive South - Variance - Resolution * 6. #04-3032 Charles and Roseaime Simpson, 2695 Kelly Avenue - Variances - Resolution * 7. #04-3035 Mark and Susan Strobel, 525 Hunter Pass - Conditional Use Permit - Resolution 8. #04-3036 Durabilt Associates, Inc. on behalf of James Brooks. 3785 Watertown Road - Variance ^UYOR/COUNCIL REPORT 9. Proclamation - National Night Out - Resolution PUBLIC SERVICE DIRECTOR'S REPORT 10. Big Island Access Lane MCWD Wetland Buffer Cooperative Agreement 11. Request for Final Payment, Navarre CR19 Sidewalk Project CITY ADMINISTRATOR'S REPORT 12. West Metro Drug Task Force Agreement and Budget Adjustments CITY ATTORNEY'S REPORT AGENDA FOR COUNCIL MEETING SET FOR MONDAY, JULY 26,2004,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA • 13. IICENSES * 14. BILLS UPCOMING ISSUES AND EVENTS 2004 07/26 - Council Meeting, 7:00 p.m. 08/02 08/04 08/05 08/09 08/16 08/23 08/24 Park Commission Meeting, 7:15 p.m. (Council Liaison - Jim Murphy) Planning Commission Work Session, Wednesday, 5:30 p.m. Council Work Session, Thursday, 5:30 p.m. Council Meeting, 7:00 p.m. Planning Commission Meeting, 6:00 p.m. (Council Liaison -Jim White) Council Meeting, 7:00 p.m. Candidate Filing Opens for November 2 General Election, Tuesday,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. Planning Commission Meeting, 6:00 p.m. (Council Liaison - Jim Murphy) Council Meeting, 7:00 p.m. I 1 Public Attendance Meeting Date 7- 'Zh ' O ^ / 0 C ouncil □ Planning C ommission □ Park C ommission □ Other____________ NAME (please print) Please filloutthe information requested BELOW FOR OUR CITY RECORDS. ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER 2. 3. A l ^ C AlOD /hf 4 4. ^ 93 ’^ v;/ 59^> £> ^ 'i1. i..^...V.C ;■ Liork- 7. ^ . 1 1 .1 L j V I ■^■f/.i;M.'s Am H --I -0 t"’7'3/-Q «. l(lSfV:?7KC f4r 9. 10. /f> 77.V/ty?/v4 ^ / t)c <r fC Cci )>/C “>f 2 yy/ 'i ( / ( / V -> <r. {^o/rLr £ A 6n->-r>i- Mj . 7'‘/‘7t> /\p 9<in ^/73cOJ3J 'Kcc (ISi AyiVuJyMiM 3%Z' A^ilici'f 7).9s7 HV-%9',Ci c< W:\AdmiMMtialut S<ipfM»rt4Fur«n«) Pubtk Alirmlaatr wpd 1* Li.u Public A ttendance Meeting D ate □ C ouncil □ Planning C ommission □ Park C ommission □ Other 2.. 3. 4.. 5. 6.. 7. 8. 9. 10.. II. 12. 13. 14. 15. NAME (please print) 1. H:\A4MMi*fji(T*cS«p|paef<{F«rM») FmIiBc ^iiew^Mcc nfi jL Please fill out the information requested BELOW FOR OUR CITY RECORDS. ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER ^ i MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 12,2004 7:00 o’clock p.m. JUL 2 6 2004 CITY OF ORONO ROLL The Council met on the above mentioned date with the following members present: Mayor Barbara Peterson; Council Members Lili McMillan, Jim Murphy, Jim White, and Bob Sansevere; City Attorney Thomas Barrett; representing staff were Administrator Ron Moorse, Plaiming Director Mike Gafron, Public Services Director Greg Gappa, City Engineer Tom Kellogg, Planner Janice Gundlach, and Recorder Marci Wallingford. Mayor Peterson called the meeting to order at 7:03 p.m. CONSENT AGENDA 1. Approvc/Amend The following items were included in the Consent Agenda: Items #2, 7, 8,9,9A, and 11. Item # 10 was removed for discussion. Murphy moved, White seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES *2. Regular Council Meeting of June 28,2004 Murphy moved. White seconded, to approve the Minutes of the Regular Council Meeting of June 28,2004 as presented. VOTE: Ayes 5, Nays 0. 7:00 P.M. - Informational Meeting 3. Birch Lane Drainage Improvement Project Presentation by Public Services Director Greg Gappa to resolve the issue of Birch Lane Drainage into yards. Several options were presented, each involving crowning the road and using curb and gutter to keep water away from properties. Two main options were proposed for carrying the stormwater to the lake. One involved directing all of the water to the south. The other involved directing a portion of the water to the west through construction of a new storm sewer pipe across tlu^ee properties. The ow ners of the three properties were not interested in providing easements for the new storm sewer pipe. Mr. Kenton H. Carlson of 3498 North Shore Drive offered the solution of installing curb and gutter and using culverts to carr>' the water to the swamp/wetland along the north side of Baldur Park Road. Mr. Ackermann of 3530 North Shore Drive objected to crossing of the three lots on the comer of Balder Park Road and Highway 51. He suggested going farther up to the point and turn left where the lot is too small to build on and is also quite low allowing them to put in pipes and drain to there. Page 1 of 5 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 12, 2004 7:00 o’clock p.m. Mr. Ron Cloud of 3460 North Shore Drive was in favor of curb and gutter on the whole street to minimize runoff into yards. Mr. William Odden of 3450 North Shore Drive asked what the reason was that the road couldn’t be sloped to the center and drain like the alleys in Minneapolis. Mr. Jay Lawrence of 1448 Balder Park Road was concerned about the problem of trucks running over the culverts and bending them down, specifically in his driveway. Mr. H. Brouelette of 3470 North Shore Drive spoke in favor of curb and gutter. Mr. Kenton Carlson expressed his concern that residents wouldn’t have their say on the resolution of the issue and sparked interest in a meeting of Greg Gappa and Tom Kellogg to meet with the residents and discuss this issue. A meeting was confirmed for Monday, July 19,2004 at the comer of Balder Park Road and Birch Lane. Rain-out alternative for the meeting will be held at Betsy Nusbaum’s home at 3480 North Shore Drive. Mayor Peterson reassured residents that funding for the project will be coming from a stormwater project fund. McMillan called for an update in two weeks to assure the project stays on track. PARK COMMISSION COMMENTS - Pat Wolfe, Representative Nothing to report PLANNING COMMISSION COMMENTS - Dave Rahn, Representative Nothing to report PUBLIC CO.MMENTS - (Limit 5 Minutes Per Person) Mayor Peterson invited comments from the public. Mr. Rick Rice of 2700 Kelly Avenue introduced his mother and son and asked why there was no longer free and unencumbered access to Lydiard Beach. Local residents were not aware as to why the beach had been locked and gated, consequently making access to the beach a hardship for some local residents. Park Commissioner Pat Wolfe responded that the Park Commission had received calls about people partying at all hours in the summer, and in the winter people using it as snowmobile access to the lake. The Park Commission then determined the best solution was to gate and lock local beaches to deter said activity. After discussion it was determined to open up Lydiard Beach to allow residents easier access. I MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 12,2004 7:00 o ’clock p.m. (PUBLIC COMMENTS, Continued) Sansevere moved, Murphy seconded, (o take the lock off and open the gate to Lydiard Beach and to leave it open until fall. Vote: Ayes 5, Nays 0. ZONING ADMINISTRATOR’S REPORT 4. tl04>3016 Henry Lazniarz of Wayzata Design and Development, 120 Brown Road South - PRD Subdivision Preliminary Plat - Resolution No. 5204 Sansevere moved. White seconded, to adopt Resolution No. 5204 approving the preliminary plat for property located at 120 Brown Road South to allow clustering instead of 2 acre lots with the condition that the setbacks on all lots be the setbacks required in the 2 acre zone. Ayes 4, Nays 0. Murphy abstained from voting as he was not present for the Council ’s most recent discussion of this application. He indicated he was looking forward to an opportunity for the Council to discuss the broader issue of preserving Orono as a rural oasis. 5. #04-3024 City of Orono, Zoning Amendment - Large Vehicle Storage The Council discussed whether the current ordinance should be amended to enable existing large vehicle storage to continue within a set of parameters to protect neighboring properties from the impact of the large vehicles. Council expressed concern about vehicle distance from house, driveway visibility, noise impact to neighborhood, appearance of the neighborhood, and maintenance on the vehicle while in the driveway. Mayor Peterson moved. White seconded, to refer the ordinance to the Planning Commission to consider an amendment to enable existing large vehicle storage to continue through a C.U.P. process. Vote: Ayes 5, Nays 0 6. #04-3027 Brenshell Development on behalf of Thomas James Properties, LLC, SW Corner of Old Crystal Bay Road and Highway 12 - Sketch Plan McMillan moved, seconded by Murphy, to deny the sketch plan for the corner of Old Cr> stal Bay Road and Highway 12 as proposed. Vote: Ayes 5, Nays 0 Page 3 of 5 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 12,2004 7:00 o’clock p.m. MAYOR/COUNCIL REPORT The Council discussed participating in the Com Days Parade. Mayor Peterson and Council Member White indicated they planned to participate. The other Council Members indicated they would participate if their schedules allowed. The Council would ride on the new Navarre pumper. Moorse asked for Council’s input on purchasing property adjacent to the Navarre Park. Council determined someone would look at it and bring it before the Council at a later date. A clerk at the Orono Golf Course sold liquor to an underage person. Council wanted to ensure all employees serving liquor had taken training on selling liquor. The fine will be donated to an Alcohol Prevention organization. The Golf Course Superintendent has reinforced the requirement of checking I.D.’s with all of the clerks, and will provide additional training to the clerk who violated the policy. PUBLIC SERVICE DIRECTOR'S REPORT *7. Award Contract for County Road 6/Baseball Field Trail Murphy moved, White seconded, to award the contract for construction of the CR/6Baseball Field Trail to DMJ Corporation, Medina, Minnesota in the amount of $59,802.70 to be funded from the 2004 Municipal State Aid Fund Budget with approval of a budget adjustment to reflect this expenditure.. VOTE: Ayes 5, Nays 0. *8. NPDES Stormwater Education Program with Metro Watershed Partners Murphy moved. White seconded, to participate in the NPDES Stormwater Education Program with Metro Watershed Partners in the 2004 annual amount of $500 to be funded from the 2004 Stormwater Utility Fund Budget with approval of a budget adjustment to reflect this expenditure. VOTE: Ayes 5, Nays 0. CITY ADMINISTRATOR’S REPORT 9.Schedule Park Commission Candidate Interviews Murphy moved. White seconded, to select Monday, July 26 at 5:30 p.m. as the date and time for the Parks Commission candidate interviews. VOTE: Ayes 5, Nays 0. 9A. Equipment Purchase and Budget Adjustment Murphy moved. White seconded, to expend forfeiture funds for equipment expenditures including a vehicle, computer, flrearm and other nece- ;ary equipment for a special assignment totaling $14,260 with a budget adjustment reflecting this expenditure. VOTE: Ayes 5, Nays 0. Page 4 of 5 J MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 12,2004 7:00 o’clock p.m. CITY ATTORNEY’S REPORT Attorney Barrett had nothing to report. *10. LICENSES SPECIAL EVENT PERMIT Applicant: Tim Riviere Event: Location: Date: Time: Yard Party with Music 1453 Park Drive Sunday, July 18,2004 3:00 p.m. - 10:00 p.m. Mayor Peterson moved, Sansevere seconded, to approve the permit with the condition the event run from 3 p.m. to 9 p.m. VOTE; Ayes 5, Nays 0. *11. BILLS Murphy moved. White seconded, to approve the June check register. VOTE; Ayes 5, Nay 0. ADJOURNMENT Mayor Peterson moved, Sansevere seconded, to adjourn the Orono City Council Meeting of July 12,2004 at 10;15 p.m. VOTE; Ayes 5, Nays 0. ATTEST; Linda S. Vee, City Clerk Barbara A. Peterson, Mayor i Page 5 of 5 ji'iiiiiiiiiti'i REQUEST FOR COUNCIL ACTION DATE: July 26,2004 ITEM NO.: 3 Department Approval: Name Gregory A. Gappa Report Title Director of Public Services Administrator Reviewed:Agenda Section: Public Services Director ’s Item Description: Birch Lane Drainage Informational Meeting July n'** Informational Meeting The Council held an informational meeting at the July 12“' meeting to discuss the proposed project and obtain feedback from the residents regarding the various options for this project. . Public comments were received from sevetal neighborhood residents and an additional informational meeting was scheduled for July 19'" in the neighborhood. Two options were presented for consideration. One option was to drain all of the water from the intersection south to Crystal Bay in which case there would be minimal treatment of the water draining into the lake. The other option was to maintain the existing drainage to Crystal Bay for the south side of Birch Lane, and then to divert the drainage from the north side of Birch Lane to North Arm Bay which would provide for filtration of the stormwater through a large wetland before discharge into the lake. The second option was preferred because it would provide more treatment of the stormwater. However, this option requires easements to cross several back yards in order to reach the wetland adjacent to North Arm Bay, and the property owners were concerned about the impacts of an easement severing their yards. Several of the comments received were regarding historic drainage of water north along the east side Baldur Park Road from the Birch Lane intersection. This old drainage system is no longer functional because the Birch Lane street overlay shifted the drainage to the south, and the driveway culverts and ditch section to the north have been removed as new driveways were constructed. The residents preferred the option utilize the wetland to the north, and the suggestion of utilizing an existing culvert further to the north under Baldur Park or crossing a small undeveloped parcel to drain the water into the North Arm Bay wetland were discussed. The Council scheduled the July 19 “’ informational meeting at the project site for City- staff to meet with residents and evaluate options to drain the storm water into North \ Arm Bay. July 19"' Neighborhood Meeting Council member Lili McMillian, Greg Gappa, and Tom Kellogg met with neighborhood residents and viewed possible options for drainage to the north. Drainage of the water to the north along the east side of Baldur Park Road is not recommended because of the flat topography and number of homes on this side of the road, and concerns about exacerbating existing drainage problems in this area. The preferred option would involve the installation of a 10" pipe in the City right of way on the west side of Baldur Park Road to a point 150 feet north of the intersection and then construction of a drainage swale because the ground elevations are too low to continue the pipe. This swale would continue north along the road right of way then cross a small privately owned unbuildable parcel to drain the water into the wetland adjacent to North Arm Bay. City staff was going to contact the property owner of this vacant parcel regarding his interest in granting an easement to the City for a drainage swale. In the event the property owner of the vacant parcel was not interested in granting the City an easement, the option of obtaining a 10 ’ wide drainage easement across the edge of the properties on either side of the small parcel was discussed. The property owner on the north side of the vacant parcel is not interested in granting the City an easement. The two property owners to the south may possibly be interested in granting an casement, but their preference was for the City to obtain an easement across the vacant parcel. I have had a phone conversation with the owner of the small vacant parcel, who lives in Washington State. Although this lot is platted 250 feet out into the wetland, this parcel only has about 1,500 square feet of area above the 929.4 contour, which is all within the 75’ setback zone. The owner expressed concerns about an easement restricting possible future development of this parcel as he is envisioning installing a dock on this property and filling the wetland. It was clearly stated to him that under Orono, Watershed District, and both State and Federal regulations that filling of this wetland is not even remotely feasible, plus Orono would absolutely not allow the installation of a dock on this unbuildable property without a principal structure. We have sent him a drainage easement document for a 10 foot wide drainage easement across the property area that is above the 929.4 contour. The proposed easement area is 750 square feet and we have offered him $2.00 per square foot for the easement which results in a $1,500 compensation for this easement. This is the same price per square foot that we had previously offered the other property owners in the project area. This is a generous offer as Hennepin County has the property valued at only $1,000 for tax purposes and he is paying $7.00 per year in taxes on this parcel. I have not received a response from the property owner yet, but hopefully he will respond before the Council meeting. Recommended Project The staff recommendation is for a project to continue the existing system for the water from the south side of Birch Lane into Crystal Bay, and then to drain the water from the north side of Birch Lane along the west side of Baldur Park Road into North ArmW' Bay. The first preference would be to obtain an easement across the small unbuildable parcel, and if this is not feasible to obtain easements from the two property owners on the south side of the vacant parcel. We have previously offered $2.00 per square foot for easements in this project. If it is not possible to obtain the necessary easements in a timely manner, and for a reasonable cost, our reconunendation is to drain the water from both sides of Birch Lane south to Crystal Bay. This option would involve the installation of two new 10 ”pipes in the right of way along the east side of Baldur Park that would outlet into the existing 18” culvert under North Shore Drive. Removal of the landscaping that has been planted in the city right of way would be required for this option. Preservation of the landscaping would require installation of the pipes in the pavement which is not recommended because of increased costs, and the potential for pipe damage and frost heaving of the road because of the shallow depth of the pipes. Caution It is important to caution the neighborhood residents that, although the proposed project will provide substantial drainage improvements that will be effective for smaller rain events, they will be less effective for large rain events. Because of the flat topography and low level of this area in relation to Lake Minnetonka, and especially when there is a high lake level, temporary ponding of water in the street and in the yards in this area may still occur during large rain events. Funding Because all of the improvements to be made as part of this project are directly related to solving drainage problems, it is recommended that this project be fully funded from the City’s Storm Water Fund. The estimated project cost is $50,000 r COUNCIL ACTION REQUESTED: Conduct informational meeting to obtain resident input on this project and then select a preferred project design, and an alternative design, if needed, and authorize staff to develop final plans and obtain price quotes for the project. sft<4 » ■ Vi ryS^A % \i ^ ; 1 , k ’ , • •*,:.. -* *r '.ii ^ 4. ’^'■< «^ ,^- • ^ . . V \6 u/ibE plLMU^6r eAscMEar ■' ^ ; ’^ #1® •V I f “ 4 o V 0» '^'i|#v€#?|raiM'* I ’ CniiMni »*cctinG JUL 2 6 2004 REQUEST FOR COUNCIL ACTION D\TE: July 23,2004 ITEM NO: CITY OF ORONO Department Approval: Name Ronald J. Moorse Title City Administrator Adminbtrator Reviewed: Item Description: Golf Course Superintendent Report Agenda Section: Zoning Administrator's Report The Orono Golf Course Superintendent, Ron Steffenhagen, will attend the July 26 Council meeting to provide an update regarding an instance of the sale of alcohol to an underaged person by a Golf Course clerk, during a compliance check being conducted by the Orono Police E)epartment. The Superintendent has taken all actions to prevent a recurrence of this violation. He has reinforced the identification/age checking policy with all of the Golf Course clerks. The clerk who violated the policy was prohibited from selling alcohol until he completed a refresher training course regarding alcohol sales. The clerk completed the refresher course on Saturday, July 17. The Golf Course clerks are provided with training regarding alcohol sales by a trainer approved by the League of Minnesota Cities Insurance Trust, the City's liability insurance carrier. COUNCIL ACTION REQUESTED Information only. No Action Required. , ^ . iV . *'* 1 ^ ^ ^ • ../if * ■■ mm 1 ‘ **cctinig AGENDA FOR COUNCIL MEETING SET FOR MON ORONO COUNCIL CHAMBERS, 2780 KELLEY P 4, 7:00 P.M. ILNNESOTA (•) Asterisk items are considered to be routine items to be enact0||||O^)p by the City Counci under the Consent Item^ on the agenda. Memos regarding each of tlie Agenda items are available in the PublU Packet - located on the counter near the sign in sheet. ROLL CALL CONSENT AGENDA 1. Appiovc//\jncnd approval of minutes • 2. Regular Council Meeting of July 12, 2004 7 00 P.M. - INFORMATIONAL MEETING 3 Bitch Lane Drainage Lr.provcinent PiojecI PARIC COMMISSION COMMENTS - Andrew McDcmou, Reprcscnlalivc PLANNING COMMISSION COMMENTS - Marc FiiUlcr, RcprcscnlalUc t LMCD REPORT - Debora Halvorson GOLF COURSE SUPERINTENDENT REPORT - Ron Stcfrcnliagca PUBLIC COMMENTS - (Lliiill 5 Minutes Per Person) ZONING ADMINISTRATOR’S REPORT • 4 It04-3026 David Pomije, 801 Tonkawa Road - Afiei-thc-Fact Variance - Resolution • 5. <t04-3030 Dr Martha Spencer, 1005 W«Mow Drive South - Variance - Resolution • 6 II04-3032 Charles and Roscniuic Simpson, 2b95 Kelly Avenue - Vananccs - Resolulton • 7. <*04*3035 Mark and Susan Strobcl, 525 Hunter Pass - Conditional Use Pcnnit - Resolution 8. 1104 *3036 Durabilt Associates, Lie. on behalf of James Biooks, 37S5 Watertown Road - Variance MAYOU/COUNCIL REPORT 9. Proclamalion - National Night Out - Resolution PUBLIC SERVICE DIRECTOR’S REPORT 10. Big Island Access Lane MCWD Wetland Buffer Cooperative Agreemem U. Request for Final Payment, Navarre CR19 Sidewalk Project CITY ADMINISTRATOR S REPORT 12. West Metro Drug Task Force Agreement and Budget Adjustments CITY ATTORNEY'S REPORT • 13. LICENSES • 14. BILLS UPCOMING ISSUES AND EVENTS im 07/26 - Council Meeting. 7;00 p m OS/02 - Park Commission Meeting. 715 p.m. (Council Liaison ’•Jim Murphy) OS/04 - Planning Commission Work Session, ff'ed/iesdnv, 5 30 p m. 08'05 - Council Work Session, Thursday, 5.30 p m OS/09 - Council Meeting. 7 00 p m OS/16 - Planning Commission Meeiing, 6:00 p ni. (Council Liaison -Juu Wtiiu) OS/23 - Council Meeting. 7 00 p m OS/24 • Candidate Filing Opens for Kovcmbei 2 General Election. Tuesday.% a m 09/01 09/06 09/07 09/07 09/07 09/09 09/11 09.T3 09T3 09/14 - planning Commission Work Session. Wednesday, 5:30 p m. - HOLIDAY. Ubor Day > Resume Regular OfTicc Houn. 8 00 a m - 4 30 p m - Candidate Filing Closes for November 2 Geneial Cicction. Tuesday. 5 00 p m - Paik Commission Meeting Tutiduy 7.: 5 p m (Conned Liaison • Oob Sanse\cre) • Council Work Session, Thursday, 5 30 p.m City Offices Open for Absentee Voting Saiuuhy, 10 00 a m • 3 00 p m - City OiTiccs Open for Absentee Voting until 5 <>0 p m • Council .Nlccting. 7 00 p m - Pnnur>' F.lection Tuesday. 7 no a tn - 8 00 p m •^'MG ii Date Application Received: 05-19-04 Date Application Considered as Complete: 06-10-04 60-Day Review Period Expires: 08-01-04 CO"*—. .. JUL 6 2004 cityofohono REQUEST FOR COUNCIL ACTION Date: July 21,2004 Item No ^ Department Approval: Name: Melanie Curtis I tS\ Title: City Planner Administrator Approval:Agenda Section: Zoning Item Description: #04-3026 - Anthony Sequira for David Pomije, 801 Tonkawa Rd - After-the-Fact Variances - Resolution Zoning District: LR-IB, Single Family Lakeshore Residential Lot Area: 3.6 acres Lot Width: 390’± List of Exhibits: A - Resolution per Planning Commission Recommendation B - PC Action Notice dated 07-24-04 C - PC Memo & Exhibits of 07-15-04 Application Summary: The applicant is requesting after-the-fact lake setback, bluff setback and hardcover variances in order to rebuild a lakeside deck 39’ from the OHWL and 25 ’ within the bluff impact zone.__________________________________________________________ Planning Commission Recommendation On July 19, 2004, Planning Commission voted 7-0 to recommend approval of the after-the-fact hardcover, lake setback, and bluff setback variances. The approval as consistent with the setback and hardcover levels approved in a 1992 variance request (Resolution No. 3191). Staff Recommendation Approval per the attached Resolution. COUNCIL ACTION REQUESTED Adopt or amend the attached resolution, A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-1279 SUBDIVISIONS (1), (2) & (3) and SECTION 78-1288 SUBDIVISION (A) FILE NO. 04-3026 WHEREAS, David R. Pomije and Joann Pomije, husband and wife (hereinafter “the applicants”) are the owners of the property located at 801 Tonkawa Road within the City of Orono (hereinafter the “City”) and legally described as follows: Attached as Exhibit A, (hereinafter the “property”); and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 Subdivision (1) to allow re-construction of a lakeside deck 39 ’ from the OHWL of Lake Mirmetonka where 75’ is normally required and 39 ’ was approved in 1992; and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 Subdi\ ision (2) to allow re-construction of a lakeside deck located 5’ from the top of the bluff where a 30 ’ setback is normally required; and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 Subdivision (3) to allow re-construction of a lakeside deck to be located within the top of the bluff impact zone w here no structure, buildings, or hardcover is not permitted; and WHEREAS, the applicants have m.-'ac application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1288 Subdivision A to allow- hardcover w ithin the 0-75 ’ setback zone from the OHWL of Lake Minnetonka at 11.2% (13.2% including the stair to the lake) w-here 0% is normally allowed and 11.2% was approved per Resolution No. 3191 in 1992, in order to rebuild a lakeside deck. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS Page 1 of 6 I 1. 0 3. 4. 5. This application was reviewed as Zoning File #04-3026. The property is located in the LR-IB, Zoning District which requires a minimum lot area of 1 acre and a minimum lot width of 140’ at the shore and 75’ setback. The applicants’ lot is 3.6 acres in area and 390’± in width at the shore and 75’ setback. The Planning Commission reviewed this application at a public hearing held on July 19, 2004 and recommended approval of variances based on the following findings: a. Over half of the existing home is located within 75’ of the OHWL of Lake Minnetonka. b. Approximately 6% of the total structure and hardcover on the property is within the 30 ’ bluff impact zone. c. Per Resolution No. 3191, approved in 1992, the property was granted a hardcover variance for the 0-75 ’ setback zone of 11.2% for construction of home additions. d. The proposed deck will not encroach any further into the lake setback than the existing approved deck. e. The proposed deck will not encroach any further into the bluff setback than the existing approved deck. f. The proposal will not increase hardcover levels within the 0-75 ’ zone above the levels approved in Resolution No. 3191 approved in 1992. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variances on the health, safety and welfare of the community. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning Page 2 of 6 district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Sections 78-1279 Subdivision 1, 2, and 3 and Orono Municipal Zoning Code Section 78-1288 Subdivision A to allow the re- consti-uction of a deck 39 ’ from the OHWL where 75’ is required, S’ from the top of the bluff where 30 ’ is required, and hardcover within the 0-75 ’ setback zone of 13.2% (including the stairs to the lake) where 0% is normally allowed, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit B. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover in the 0-75 ’ zone shall not increase above the level of 13.2%. or 4,121.8 s.f.. Hardcover in the 75-250 ’ zone shall be limited to 11,658 s.f. or 16.4%, and hardcover in the 250 ’-500 ’ zone shall be limited to 14,646 s.f. or 27.4% per the proposed plan and hardcover allowance summary as depicted on Exhibit B. Applicants are advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. Applicants shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. 4. Required removals of structure and hardcover shall be completed by the footing inspection for the proposed deck. Page 3 of 6 5. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variances will expire on that date (July 26,2005). 6. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants’ heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 26"’ day of July, 2004. AITEST; Linda S. Vcc, City Clerk Barbara A. Peterson, Mayor Property Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of __, 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. Page 4 of6 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 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this__day of by Joann Pomije, wife of David R. Pomije. . 2004 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before this__day of by David R. Pomije, husband of Joann Pomije. . 2004 Page 5 of 6 b^fibrr A -■ ♦ V*-*», ■^» •^ <<r-»v f'ii»t3v»?c* •wc/ Romije 801 Tonkawa Rd. ong Lake, MN 55356 LEGAL DESCRIPTION; Boundary Informotlon Is based on a survey by Oemars-Gobriei Lond Surveyors Inc., dated 10/15/1992. FUe No. 1949-C. Thot port of Lot 1, Auditor’s Subdivision Number 217, Hennepin County, Minnesota l^g southeosterly of a line poroliel with ond 300 feet southeosterly measured ot rimt ongles from the northwesterly line of sold Lot 1 and lydng northerly of the following described line to wit: Beginning at a point in the northeasterly line of 1, dlstonl 120 feet northweeteriy, measured at right ongles from the ^tnMsterly line of sold Lot: thence southwesterly parallel with the southeasterly line of sold Lot, 251 feet; thence southwesterly deflecting to the left ot on ongle of 24*25’ to the ehore of Loke Mlnnetonko and there termlnoting, according to the plot thereof on file or of record in the office of the Register of Deeds in and for sold County. ^1 thot port of Lot 1, Auditor’s Subdivision Number 217, Hennepin County, Mlnnesoto lying northwesterly of o line poroliel with ond 300 feet southeosterly measured ot right angles from the northwesterly line of Lot 1 ond lying SM^eosteriy of a line drown poroliel with and 200 feet southeasterly mcosured ot right ongles from the northwesterly line of sold Lot 1. occording to the plot thereof on file or of record In the office of the Registrar of Deeds In ond for sold County. Totol Lot Areo • 155772.4 sgft. or 3.58 ocres HARDCOVER TABLE setback o' - 7S‘ LAND AREA (soft.) HARDCOVER fsoft ) % COVERASE si.iss.a P5 46-°2i \ \ \ Ing itton«929.4l -04 zon^ m'V'A'' •V, \ ' a'.'A-V ’. ;''=«*-v- "2r* 5's»» *'•0 —^ \ \i V \ \ V ----^ \ Al \ *»••. •• 75 ^250* hardcover zone \ I N \ iKE \\ I I \ \ AoivjVFrojyxA 5b . ' N A>\\‘ •‘\V . ' t- \ > • • ,* P0<X. rttotnHg • .* • •» \v V n \<\ AV %\ \ A% \ ;v\\W'Vy \ \ F£U AUDITOR'S SUBDIVISION Nl IMRPP 917 Iv: f Nrtby o mf or und 1 CITY OF ORONO 2750 Kelley Parkw ay PO Box 66 Crystal Bay, MN 55323 952.249.4600 ZONING FILE 04-3026 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: July 20,2004 TO: Anthony Sequira COPIES: David Pomije 42383-250“’ Avenue 801 Tonkawa Rd Arlington, MN 55307 Long Lake, MN 55356 TYPE OF REQUEST:Lake Setback, Bluff Setback and Hardcover Variances DATE OF MEETING: July 19,2004 Planning Commission recommended as follows: Approval of the after-the-fact variances as requested. VOTE: 7 FOR 0 AGAINST Applicant's 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 Plamiing Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. If you have questions, please call City Plamier, Melanie Curtis at 952.249.4627. i FILE #04-3026 June 15. 2004 Page 1 of 5 Date Application Received: 05-19>04 Date Application Considered as Complete: 06-10-04 60-Day Review Period Expires: 08-10-04 To: Chair Mabuslh and Planning Commission Members Ron Moorse, City Administrator From: Melanie Curtis, City Planner jj/f^ Date: June 15,2004 Subject: 04-3026, Anthony Sequira with Rightway on behalf of David Pomije, 801 TonkawaRoad - After-the-fact variance - public hearing Zoning District: LR-IB, Single Family Lakeshore Residential, 1 acre minimum Lot Area: 3.6 acre (155,771 s.f.) Application Summary: The applicant is requesting after-the-fact lake setback and 0-75 ’ hardcover variances in order to reconstruct (and reconfigure) a deck. The application consists of the following: 1. Hardcover within 0-75 ’ of 11% or 3,464.3 s.f.. 2. Lake set back variance to allow a deck setback of 39’ where 75’ is required and 49’ currently exists (house). 3. Bluff impact zone encroachment of 25 ’. Staff Recommendation: Planning Department Staff recommends approval of the after- the-fact lake setback and hardcover variances. Hardship: The location of the existing home; replacement nearly in-kind of a pre existing deteriorated non-conforming deck.___________________________________ Pertinent Zoning Ordinance Sections Bluff means a topographic feature, such as a hill, cliff or embai,ltment, having the following characteristics (An area with an average slope of less than 18 percent over a distance of 50 feet or more shall not be considered part of the bluff): (1) Part or all of the feature is located in a shoreland area; (2) The slope rises at least 25 feet above the ordinary high water level of the water body; (3) The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30 percent or greater; and (4) The slope must drain toward the water body. Bluff impact zone means a bluff and land located within 20 feet from the top of a bluff. Blujf, top of the. means that point on the cross section of a bluff below which the slope 1 FILE M4-3026 June IS. 2004 Page 2 of S becomes more than 18 percent and above which the average slope for a distance of 50 feet or more is 18 percent or less. Sec. 78-1279. Placement of structures on lots. (1) Structure and on-site sewerage system setbacks (in feet) from ordinary high water level: Setbacks Public Water Structure Sewage Treatment Classification Unsewered Sewered System NE 150 150 150 RD 100 75 75 GD 75 75 75 Tributary 100 75 75 (2) Additional structure setbacks. The following additional structure setbacks apply, Setback from:Setback (in feet) Top of bluff 30 Unplatted cemetery 50 Right-of-way line of federal, state or county highway and local public and private roads 30* (3) Bluff impact zones. Structures and accessory facilities, except stairways, landings and lock boxes, must not be placed within bluff impact zones. Sec. 78-1288. Hard cover limitations. (a) No hard cover or impervious surface shall be placed, located or constructed within 75 feet of the ordinary high water level of any lake or tributary, except for stairways, lifts, landings and lockboxes as regulated elsewhere in this Code. List of Exhibits A. Application B. Hardship Documentation Form C. Existing & Proposed Survey/Site Plan D. Survey and Resolution 3191 from 1992 approval E. Proposed Plans and Elevations F. Submitted Hardcover Calculations G. Property Owners List H. Plat Map I. Photos Background David Pomije is the property owner of 801 Tonkawa Road in Orono. In October of 1992, a previous owner received hardcover and lake setback variances in order to construct a kitchen addition with a second-story. At that time the hardcover level approved within the 0-75’ setback was limited to 11.2%. The applicants were required to remove equal \ FILE #04.3026 Jure 15. 2004 Page 3 of 5 amounts of hardcover for the 90 s.f. of hardcover they were proposing to add to the 0-75’ setback zone. These removals were completed and the hardcover remains as it was approved in 1992. (*see Hardcover Variance section for more details.) Most recently the current owner began a project to repair rotted decking in order to assure the safety of the structure. As the repairs progressed it was apparent that the “repair” of the existing deck was resulting in a total replacement. It was at that time that the contractor was notified by Bruce Vang, Orono Building Inspector, a permit would be required. After researching the file it was determined that, as the deck was non- conforming in location and hardcover, variances would also be require 1. LOT ANALYSIS WORSHEET Lot Area/Width; LR-IB Lot Area Lot Width Required 43.560 s.f. (1 acre)140* Actual 155.771 s.f (3.6 acre)390’± Setbacks: LR-IB Required Existing Proposed Lakeshore 75'49* (house)39’(deck) Rear 50’ North Side 30’ South Side 30’ Average Lakeshore No neighboring homes Structural Coveraee: Total Lot Area Total Structural Coverage 3.6 acre (155,771 s.f.)NA - The property exceeds 2 acres. Hardcover Calculations: Hardcover Zone Total Area in 3Lone Allowed Hardcover Existing Hardcover 1992 Variance Approval Proposed Hardcover 0-75 31,129.8 s.f Os.f (0%) 3,464.3 s.f* (11.1 %)11.2%4,121.8 s.f (13.2%) 75-250 71,277 s.f 17,806 s.f (25%) 11,658.0 s.f (16.4%)NA No Change 250 - 500 53,356.6 s.f 16,009 s.f (30%) 14,646 s.f* (27.4 %)NA No Change 1 * After exclusion of fabric or plastic-lined landscape beds AI FILE #04-3026 June 15. 2004 Page 4 of 5 BIufT Setback This property has a lakcward slope which rises more than 25 feet above the OHWL and rises to a height of 35 feet in a horizontal distance of 40 feet, which results in an average slope of 87%. Since this exceeds 30%, it drains to the lake, it is definitely a bluff and the deck encroaches into the “bluff impact zone” (the bluff itself plus 20’ back from the top of the bluff) and encroaches into the required 30 ’ bluff setback for structures. The house itself is located within the bluff setback zone and encroaches into the 30 ’ setback for structures on bluffs. Lake Setback Variance Approximately 60% of the existing home is located within 75’ of the OHWL of Lake Minnetonka. Due to this, any deck constructed lakeside would need a lake setback variance. Also, there is minimal usable yard on the lakeside of the home approximately 15-18 feet prior to the top of the bluff. The deck will provide a safe place for the property owners to enjoy their lake view immediately outside their home. The deck, as opposed to a patio or lawn area, will have railings providing security near the 87% slope. Hardcover Variance In 1992 the previous owners, in conjunction with variance approval, were required to remove 90 s.f of hardcover. The Council at that time felt that there was no hardship to permit a variance to increase the 0-75’ hardcover level. Since that time, the existing path to the lake has been upgraded to a 4 ’ stone paver path with stairs which provides a safer path down the steep slope. Thus, staff has determined that the hardcover calculated in 1992 did not include this existing path and makes it appear that the 2004 hardcover calculation is 2% higher than in 1992. The path hardcover accounts for the additional 2%, not an increase in the size of the deck. Hardship Statement Applicant has completed the Hardship Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Hardship Analysis hi considering applications for variance, the Planning Conunlssion 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 offire, risk to the public safety, and the effect on values of property In the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause undue 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 that due to the existing location of the home there may be a hardship to allow the deck to be rebuilt. Additionally, the deck provides a safe “yard” area for the applicants to enjoy the lake side of their property from the home. I FILE #04.3026 June 15. 2004 Page 5 of 5 Issues for Consideration 1. Does the Planning Commission feel that there is hardship to rebuild the deck to the same size as it was before? 2. Is the deck “necessary ”? Does the Planning Commission agree with staffs conclusion that a deck is the safer alternative on this property due to the proximity to the bluff? 3. Are there any other issues or concerns wJ' this application? Staff Recommendation Planning Staff recommends approval of the after-the-faci lake setback, bluff impact zone setback, and hardcover variances. City of Orono Variance Appiication 0cHli6n Sfnsef Address: 2750 Kelley Parlc//ay Orono, MN 55356 Main; 952-249wJSC0 fax: 952-249^616 Mailing Address: P.O. Box 66 Crystal Bay. MN 55323-0C6S Application # Date Received. iq--OH Amount Paid, f' o Staff; I c—H <"<» Fee: S500 Renewal; S300 ,.-*~After^.ne-fact'-a S1.200 Dcub'e Fee This appiication form must be completed in full. App“cant will be notified within 15 days as to the status of tne application, incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: Site Address; Property Identification Number (PIN): (Attach legal description to application if not included on the survey.) Date Property Acquired (njoi^h/year): ________□ Yes. I own the adjacent parcels. Present use of property: JS. Residential □ Other Zoning District: L^) __________ APPLICANT INFORMATION: (Complete legal na.~cs and marital status reouired for each interested party) Name: ______CU.Name: 6 Phone (home): Address: ^ 6______ Phone (work): Email: Fax: /yjiP-') OWNER INFORMATION: (Complete legal names a.*d mental status required for each interested party) Name: Phone (home); Address: 'ifit 7c/ylfrAf\Jfi- Email: ___Phone (work): _________ ^uuwp 5y55~i Fax; DESCRIPTION OF REQUEST: Estimated Project Cost; $ Describe the request in detail (attach additional sheets if necessary): ________________ JyiiiiiiiMUii . :• n. REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. □ Pre-Application Meeting Form, completed by a City Planner. □ Completed Application Form □ Completed Hardship Documentation Form □ Certified Property Owners List - owners within 150’ of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department of Finance, Government Center, A-603 300 South 6'^'' Street, Minneapolis, telephone 612-348-5910 □ Original Certificate of Survey (signed by a licensed sun/eyor), 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.f/ x 11" or 11" x 17"). □ Additional items may be requested by City Staff depending on the scope of the project. * APPLICANT’S ACKNOWLEDGEMENT: The applicant hereby agrees to provide all information required or requested by the Planning Department, agrees to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application and certifiesKthat^the information supplied is true and correct to the best of his/her knowledge. The applicant recognizes that he/she is solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. Applicant’s Signature? Applicant’s Signature: Date: Date: OWNER’S ACKNOWLEDGEMENT: The owner hereby acknc.vledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission & Council Members for purposes of investigation and verificatign^f this request. Owner's Signature: Owner’s Signature: an and veriTication^r 9^Dale: Date: Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are normally held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please ma’xe arrangeme.-»s to have an autho.lzed representative attend in place of the applicant and advise the City Pl^^.^er assigned to your pioject. il 0 { 5 .y Yd’' if ^ A% ♦ r V ■■o tXHlfelT 13 Page I of 3 HARDSHIP DOCUMENTATION FORM This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statue Section 394.27, Subdivision 7 requires that a hardship be demonstrated in order for a variance to be granted. The hardship must be unique to the property as variances run 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 f •l ie '.iv 'ted. HOW uO I PROVE A HARDSHIP? This form has 12 points outlining the basis City staff uses to determine if a hardship exists and how the variance will affect the surrounding community. To prove a hardship, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of these hardship criteria as they relate to the request (some may not apply); 1."The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls.” j5/7«^5l«gr'*4' 2."The plight of the landowner is due to circumstances unique to his property not created by the landowner." 3."The variance, if granted, v;iil not alter the essential character of the locality." if ta 7D 4."Economic cor.^ derations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." • * ! Ill i'h y U ■i 11 i 1 I 'i x> 8. 10. 11. # *% • • * • • % 4 ♦ •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 g'"*nted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter." "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person's land is located." 7. "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." 9. “The conditions do not apply generally to other land or structures in the district in which said land is located." "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." “The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoninq Code." /3' A/t'r' a -7 V U- rXT r-: •• M ' .V 1 \ Us o • / v-"b r*.O V.r- "The special conditions applying to the structure or land in question are peculia.- to such property or immediately adjoining property." ^'£TU7*'/y' ^ -^,c=«ryV. Page 3 of3 12."The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty." 7y^ Hardship Statement Should you feel the hardship cannot fully be described in the above criteria, desc'ibe the unique hardship, practical difficulty or unusual property conditions preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): 7?7>T-J3 fU•i . \ itiillUaattHililiMlitAMi i ©cHifetrC- it<on«929 41 -04 IKE UNNETONKA AUDITOR'S SUBDIVISION NUMBER 217 I hmby o m« or unc j ;L exHie.IT D n CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO.3191 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 AND 2, SECTIOi: 10.55, SUBDIVISION 8, AND SECTION 10.56, SUBDIVISION 16 (L) FILE #1765 WHEREAS, John E. Moore (hereinafter "the applicant") is owner of the property located at 801 Tonkawa Road within the City of Orono (hereinafter "City") and legally described as follows; Exhibit "A" attached (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Sections 10.22, Subdivisions 1 and 2; 10.55, Subdivision 8; and 10.56, Subdivision 16 (L) to permit the construction of additions to the existing residence, such additions constituting additional structure and hardcover in the 0-75* la)ceshore setbac)c zone where no structure or hardcover is normally allowed. Minnesota: 1. 2. 3. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS This application was reviewed as Zoning File #1765. The property is located in the LR-lB Single Family La)ceshore Residential Zoning District. The Orono Planning Commission reviewed this application on September 21, 1992 and recommended approval of the proposed variances based upon the following findings: a) Approximately 60% of the existing house and deck is located in the 0-75* setback zone. b) A proposed kitchen addition is proposed to extend an exterior wall approximately 5* nearer the shoreline than that existing wall of the house, yielding a 49* lakeshore setback instead of the existing 54' setback Page 1 of 7 s $ CITY of OROXO RESOLUTION OF THE CITY COUNCIL NO. 3191 4. at that location. Adjacent portions of the house currently exist as near as 44' to the shoreline. The interior layout of the house makes it difficult to expand the kitchen area without encroaching into the 0- 75* setback. c)The proposed second story addition above the existing master bedroom^ which is 60' from the shoreline# will create no additional hardcover and will merely create new structure above the existing footprint. The increase in 0 —75' hardcover as a result of the kitchen addition is 90 s.f. or an increase of 0.3% hardcover in the 0-75' zone. There is no extraneous hardcover in the 0 — 75' zone that could be removed to result in no net hardcover increase. At their October 12, 1992 meeting the City Council determined that no net hardcover increase in the 0-75' zone was justified. The applicant subsequently agreed to concurrent removals of 90+ s.f. of sidewalk in the 0 —75' zone to result in no net hardcover increase above the existing 11.2% level in that zone. 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 variance on the health, safety and welfare of the community. 6.The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 7 +.!i I I CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3191 CONCLDSIOHS, ORDER AND CONDITIONS Based upon the above findings/ the Orono City Council hereby grants variances to Municipal Zoning Code Sections 10.22/ Subdivisions 1 and 2; 10.55/ Subdivision 8; and 10.56/ Subdivision 16 (L) to pernit the construction of a 90 s.f. kitchen addition located 49 from the shoreline and a second story above the existing master bedroom located 60' from the shoreline/ constituting a structure and hardcover in the 0-75' lakeshore setback zone where structure and hardcover is normally not allowed/ subject to the following conditions; 1. 2. 3. Hardcover in the 0 — 75' zone is limited to 11.2% as shown on the site plan (Exhibit "B" attached). Hardcover removals are required as shown on Exhibit B, The current property owner and all future owners of this property are placed on notice that hardcover shall not be increased above the currently approved level in the 0-75' zone/ and any proposed improvements on the property that will result in additional hardcover must be approved by the City. Such approval may result in a requirement for concurrent equivalent or greater removals of existing hardcover. All existing hardcover scheduled for removal as a condition of this resolution must be removed prior to the footing inspection for the new construction . All excavation work in the area of the kitchen addition shall be by hand methods rather than by heavy machinery. Proper measures shall be taken to protect the steep banks from erosion or vegetation disruption. Authorities granted by this variance run with the property not with the applicant/ but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval/ or this variance will expire on that date (October 26/ 1993). 4.Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein/ and shall be punishable as a misdemeanor. Page 3 of 7 .• I CITY of ORONO VJ RESOLUTION OF THE CITY COUNCIL NO. 3191________ 5.The undersigned applicant has read, understood ai»d hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. October, Adopted by the Orono City Council on this 26th day of 1992. ATTE ________ r . , borothy M.(^i^llin, City Clerk ■ / f/,'LfVLly Property Owner(s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 26th day of October, 1992, by Barbara A. Peterson & Dorothy M. Kallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. 1r ' d { V USD^ S. VEE.< notary public . Minnesota HENNEPIN COUNTY commifston cxplret B-12-B6 Page 4 of 7 i CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO.3191 STATE OF M5 COUNTY OF Cp ^vC ! ss. On this /T7H-day of 19 92-, nty) personally own to me to be the foregoing the perso-xUb) ■descri'&ed in hey, executed the same asinstrument, and acknowledged that-4»5-itney; exet.uuc (their) free act and deed. NOTARY PUBLIC y2.f QOA STATE OF MINNESOTA ) } SS. COUNTY OF HENNEPIN ) r^otil y Public said 199 , before me uw *uw ww — - - - 'TroveonCc;) described in and who executed the foregoing instrument, rn “°rckLwTedg^^^^ tlat he (they) executed the same as hxs (their) free act and deed. NOTARY PUBLIC Page 5 of 7 |k^ . j K EXHIBIT A RESOLUTION NO. gEG/CL DESCRIPTION v>•■. . . . . . . . . . . . . • • ■ i? ghat:;pare; of Lot'Auaitor ’sVS^ivliioo Hen^eplt'County,, MI'nnesota’: lying s6uth^asterl.y of a Line, parallel wich' an’d 300:'fe'<frC southeasterly, measured, at right .angles from the northwesterLy line of' said Lot, 1 and'lying, northerly followlnk destribed line: towit , Beginning-aC« a point In the . .. •northeastetry- line of said*Lot- 1'distant 12Q feet^northwester y, measured.-af^right. .angles from the southeasterly line of, sard Lot, . -thence:southwescerly ^paralIeI with the southeasterly line^of said Loc-'.s 251 feenTthence southwesterly deflecting to the left at an . . ahele of '24P-*25'.’:. to,:.the shore of: .Uke Minnetonka and there terminating., according to the ’plat• there'af on file of record In the pfffce of the Register of . Deeds In and for, said County..-. line dravm parallel-with and 200-feet Southeasterly measured at rizht angles from the Northwesterly line of said Lot 1* according to the plat thereof on file or of record in the office of the Registrar-of Deeds in-and for said County. Ii / i*'___/ / •• I • • ©.■ .S, . Rersot.u.’T/d^i 3191 elx\4 A';jJTw •- “IOC " 4x =y » “W_^ / ■• ®\0r T@;- ■ZHopjcccATon^* = • ‘ : _:------TCT?^ 614 9 / ■* fl ,f<‘ S' • « j..-. >© /r- / •• *V/^( / i-.O . O /rj /xr \OHZ-‘\Z0 9 "Ixk tStfC'Xin ^ -r^ — I'Z.'ii <S>; ^tjcrra %Hi* C3^ &‘4 0. *Hi? • /5 55 ^'r - —'■- • / ■ ^ \- -• - ^ 1 y ^ ' •• »* 3Tsg7 . *'■ W • . i<, • * .• y ^ . %Fj ^ \^Cv•-%* y y ✓ ✓ <•-/ f • *^-*4.4 "j tf »A-»--«r K\ in I•’7? ^?«0 WPC‘<f.Us^V0^i>-» SQg 2&6 9 ^W/VIP UOt/iS " * ^ "*- * w/f//* /- //>y 9er;Tl • • s . • • • - Aa • • .• • .-*» 'I* *•'»>••,. I ‘ *•• • •• •••,.•*■, *^ ♦ . .•• . •*• ' •/ • • • . :• ' ’.*•*923 72 3 ' • . # • .♦• •• ••! . “ --------- --. • • '2</3y \ \\ \ \ ••• •, 5 :\ \ ITe /^4A tv 3 I rM e. \ \ $ 0<\W,|505t AAL-k<»r ♦ S^ppc^f V qvoopU CC'*t<iTc fc/otlVvg WS" o^ep Mx^-f Cedc*^ r»il cet^O’f’ ..;z.xV r>p c^do ^po>c<c\ R«;l UiqW^ /V.; o 5^'' /^^OA- 5p£>ciK5 I p»sj. Of' o^i.r P»A% ^leuc^^|0'^P^\<Aj0*^^0<rs Kbov^ Crrad-^ <?<t J,,ii |2fi5+ O'' .. secv/ tti v^v,' ». o cv,< 1.« BT «W,<V • ■ '1' "' AouS^ . .* i * . /, j 9-x^l i)oi^GaW. n-sl-'M 9^^K\^ irwrf'wl JcM S"t \ \ \ i /1 \1 Ml ‘ • • » 5 ' ■ I ■'■■■". -ir-'tf—^ OBl 9^ lb GCC,^ / / -/-----■------------------------------------------------------#■ £»^ci fjo\dS^ .v( cedar -Z ^kTS J>‘JV \ §3 Ij :/• "T"----------- f u^-n^4>—4^ — /o' 7" 90' / V ■:• •t.• ’i‘ V ,» >V'..i •■"•> • ‘ * •,,■ V - •; • . • **■ ■- :•,-v • • . • • 1‘. * . .*• • . » V *•»* ' • •'* •-* #. : V ♦ ^ 1 V-^k. #• k w ;* .i ♦8822494616 i Jun-09-2004 06:84 m fron-CITY OF ORONO SCTBACKZONE; (CIRCLE EXISTINQ HAftPCOVeR IN ZQNg T-367 P. 001/003 F-m 600-1000' f A. House Length B. Garage C. Driveway D. Sidewalk (fA>feK^ Cb/JcKetE ___ E. PJ F. Land Undadalii By Plastic G. Retaining Walls H. Other TOTAL HARDCOVER IN ZONE TOTAL property AREA IN ZONE A A House ■HARDCOVER IM 7r^p Lsfi0iti B. Garage C. Driveway __ 0. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic G. Retaining Walls H. Other total HARDCOVER IN ZONE total PROPERTY AREA IN ZONE A X X width S.F. — S.F. X ___ ___S.F. 15 C (X X=S.F. X __ acos.io __S.F. X S.F. X ^Sl dc __S.F. X _tP-^ ( .HS S.F. X X II II__S.F. _S.F. O CX X 51.01 S.F. ^SF. X e _S.F. o e . . S.F. A ♦ B S.F. B-= 1^.2. X AM m*----- X X Wii^ih .S.F. X ei S.F. O r? X X •S.F. ,S.F. X S.F. X ■S.F, X X ___ * S.F. 8.F. X X • SF. S.F. S.F.X -------- ___.S.F. O C!* X X S.F. m S.F. S.F. A S.F. B* B m V ifsn 1 i-2004 Oltl4u FrtMrCiTY OP OMNO HARDCOVER CAL< ♦9S22404III T-367 P.003/003 P-77] SETBACK ZONE: (CIRCLE ONE) EXISTINQ HARDCOVER IN ZONE A. House ___ LengSt B. Garage ______ C. Criveway D. Sidewalk ‘ E Patio/Deck |Wc AgglN ~ F. Landscape Underlain B/Plasde G. Retaining Wans H. Other TOTAL HARDCOVER M ZONE TOTAL PROPERTY AREA IN ZONE A A House BJNZQNe Lsnetfi B. Garage C. Driveway D. Sidewalk E. PatkVDeck F. Landscape Underlain By Plastic O. Retaining Walls H. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ____ X X X X X X X X X X X ♦ B 0-75*^^S-250^250*800'500-1000* X ■110^.07 SPWMn X ■ao. sc\ ft RXma5^ P X m a sp X a ^516. 2-*\ SP X m m P X m /7c>.n SP X m A P X 8 sp X ’s fs: P X 5^ PX■ ^S PX 2 a P X ^OO.'i.'S SP X • 5^ P • •SP ♦ B - m XlOO “6 m VMSI SF. S^. S.F. SF. S.F. S.F. S.F. $.F. S.F. S.F. «S-F. _8.F. _S^. S.F. 5.F. xlOO S.F. A $.F. B i. i >-2004 0lt64ui Fr«r<tTY Of OKONO 40S22404III W 9W SETBACK ZONE: (CIRCLE ONE) EXISTINQ HARDCOVER IN ZONE A. Ho(js« (4gp5»r HARDCOVER CALCULATION VVORK^HEET lEl 0-7S* T«S.5«A» x--«#re«5K T-aer p.ooj/003 B. Garage C.Drivawc(y C?A\ig.e<.\ D. SIdewalK E Pal F. Landscape UrxlertaJn By Plastic G. Retaining Walls H. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A HARDCOVER IN ZONE A. House L6fi0lh B. Oarage C. Driveway 0. Sidewalk E PatkVDeck F. Landscape Underialn By Plastic G. Retaining Wans H, Other total HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A X X X X X X X X X X X ♦ B X X X X X X X X X X X • B 7S-2SO ^WORKSHEET 500-1000* width ftp z-S.c>i S,F. S.F. 73/. 7 S S.F. louj- ;d ^T4C.cu4 J4I. 3 4 S.F. S.F. S.F. S.F. S.F. SF. S.F. S.F. S.F. SF. RC A xlOO ____S.F. B Width S.F. SJ?. S.F. SP. — S.F. _S.F. S.F. S.F. S.F. S.F. 5. F. 8.F. 6. F. S.F. 9JP. X100 s S.F. A 8.F. B KUNDAIIi:6/y20(M 58 OSH ;23Jlf003 PROP AOOR 7SS TONKA'VA RD OWNERNAMti JALROGERS 1*^^py^YER JOHN E A LOIS A RO»-ER^> NAMfc'ADDR ’55 TONKAWA RD I.ONOI^KLMN 55356 58 O5IIV2334O007 PROPADOR 700 TONKAWA RD OWNI-.R NAME CHARLES A DERTEI^ON TAXPAYER CHARLES A OERTI.USON NAME/ADDK V60 TONKAWA RD LONG LAKE MN 55J5(. 31 05I1723J400I0 PROP AODR 780 TONKAWA Rl» OWNER NAME T R A T J IIAl JOAN TAXPA5 ER TODDR A TERI-SA JIIAUOAN riAMiyADDR 780 TONKAWA RD LONG LAKE MN 55)56 5K 051172)340013 PROPADDR 875 PARTLNWOODLA OWNER NAME ; P A E K nECTIIX)l, JOHN PA Cl IZAHEIM K Ill.tTIOOI. 875 PARTENWOOD LA lONGLAKI MN 55)56 TAXPAYER NAME/ADDR 38 051172)4)000) PROPADDR 815 PARILNWOODRD OWNER NAME R M STARK A J M STARK TAXPAYER RICHARD M A JANE M!. ARK NAMWADDR 815PARUNWOODRD lONOlWKEMN 55)56 ]R 0811723210007 PROP AUDR 825 TONKAWA Rl) OWNER NAME JE MOORE A I l» MOORE taxpayer * LOURDES U MOORE NAM17A DDR *«)' FREMON f AVE S MPLSMN 554C9 HENNEPIN COUNT)' PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LEST PAGE; I 38 0511723)40005 PROPADDR 746 TONKAWA RD OWNER NAME E A ( AI.DWELL AMT CALDWEU TAXPAYER EDWARD A A MARY T CALDWELL NAMDADDR 746 TONKAWA RD LONGLAKI MN 55)56 PROPADDR OWNER NAME TAXPAYER NAMDADDR 38 0511723)40008 770 TONKAWA RD TS&SJOKERS3ROM IHOM AS S A SUSAN J OKCRST ROM 7701ONKAWA RD LONG LAKE MN 55)56 18 051172)340011 PROPADDR 8)5 PARfENWOOD RD OWNER NAME W J KOTTEMANN ET ALlRDS)ErS TAXPAYER WJ&JAKOriLMANN NAME/ADDR *)?' PARTENWOOD RD l.ONGUKEMN 55)56 )8 05II72.)4)0(H)I PROPADDR 880 PARTENWOOD RD OWNER NAME. J C GRAY A C J GRAY TAXPAYER J")RY E A CYNTHIA ' GRAY NAME/ADDR '’ARI IN WOOD RD LONC. LAKEMN 55)56 38 081172)120006 PROP ADDR WO PARTENWOOD RD OWNER NAME DRUCE« MARYENGEESMA TAXPAYER BRUCE A MARY I.NGI LSMA NAME/ADDR 990 PARTI NWOOD RD LONG LAKEMN 55)56 38 081172)21000) PROPADDR 847 TONKAWA RD OWNER NAME D VAIU ANT A S VAILLANT TNXPAYER DENNIS VAILLAKi NAME/ADDR lOECHOHAVDR TONKA HAY MN 55)31 PROP ADDR T8 0511723)40(8)6 750 TONKAWA RD OWNER NAME IWWKTNCE W EDELMANN TR 1-y^)jpAYER LAWRENCE W EDELMANN NAME/ADDR H))44 QUAIL CROWN DR NAPI.I.srL 34119 38 051172)340009 PROPADDR 774 TONKAWA RD OWNER NAME B L NADEAU JR A M. NADI All T AXPAYER BERNARD E NADEAU JR NAME/ADDR 774 TONKAWA Rl) LONG LAKE MN 55)56 38 051172)340012 PROPADDR 855 PAIUI NW(X)D I A OWNER NAME SHAIKH ASIM (iUL TAXPAYER SHAIKH ASIM i.UL NAML/ADDR »*AR I ENW(X)D LA EONGLAKEMN 55)56 PROP ADDR OWNER NAME lAXPAYER NAME/ADDR J8 051172)430002 865 PARri.NWfXJDRD R II GREENE & J E PICt'ARD R II GREENE A J E PICCARD 865 PARTENWOOD RDS long LAKEMN 55)56 3K 0811723210001 TROP/.l^uW KOI TONKAWA RD ONVNFR NAMP. D R 1‘OMIJF & J POMIJI: TAXPAYl R DAVID R POMfJt NAMt/ADDR *0- tONKAWA RD LONGLAKLMN 55356 ; " 1 V.?:‘ f 38 081172)210007 PROPADDR 9)0 PART EN WOO*'RD OWNER NAME MA'^NUC ft TO EI.I.E I MURR TAXPAYER MAUND ft JO EI.EI N IIURR NAMF/ADDR 9)0 PARTENWOOD road LONG LAKEMN 55)56 Vs. -Sf •i., WM. r-r»' RUN DATE :6/WOO» JH OBII7232IOOOS PROf ADDR 900 PARTENWOOO RO OWNER NAME ROBERT P JACKSON III TAXPAYER ROBERT P JACKSON III NAME/ADDR PARTENWOOO RD LONG LAKEMN 55J56 HFNNEPIN COUNTY PROPERT Y INI ORMATION SYSTEM PROPERTY OWNERS LIST PAGE: 2 3R 0811723210009 PROPAOOR 850 PARTENWOOO RD OWNER NAME R*JIIUMDOLDT TAXPAYER ROBERT E A JOYCE P HUMBOLDT NAME/AODR 850 PARTLNWOOD RD LONEiLAKEMN 55356 38 08II72I2I00I0 PROP ADDR 925 PARTENWOOO RD OWNER NAME MARY JANE SAFAR TAAi .vYhR MARY JANE SAFAR NAME/ADDR P^R f ENWOOD RD LONG LAKE MN 55356 38 08II7232IOOII PROP ADDR 38 ADDRIiSS UNASS/iNED OWNER NAME MARY JANE SAFAR TAXPAYER MARYJANESAFAR NAME/ADDR 925 PARTENWOOO RD IjDNOLAKEMN 55356 38 08II7232IO0I7 PROP ADDR 900 PARTENWOOO RD OWNER NAME LESUE J RENNER TRUST LI TAXPAYER 0 ^STENSRUD& S J S JENSRIJD NAME/ADDR 960 PARTENWOOO RD LONGIAKEMN 55356 (( * *.r*\ V . 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'<■1 .i * . • * - \ -v.'\» *.v-/. '■\V. . > w.'.- •V -4- ' * *1'-4^• ^ ^ - y *i • f«' .. *U«-‘^ ' 'mm ' ■ :■ .':»-Siii. w»»u a ^ gSj'.v: ■-• B ift'i'.iaii (■jj«f>:o J .tif VJids'"'*-*mH •- iS^'^- WKUam*Cid ISS 0 ‘5^’’ J.v .-r ,v-- ' -^Vv; ■ ,^&. P‘"5^ ■^/ ■. ff' -A ■ .^^:^■ ■,. ^\/ -'•r’^-'.. v.-<y.t/fVr:'•' ', ■ / '^'gi■ S-? f •- ■I- !-;.t .' o'^.V,. ■“ ' ''■■\ .•>- i«P ?J.:^ -«,n't»5< ^ r I - w -51 I \ r !t#y_J!U .>5.- ’^/ •' ■' ■4' /y«!Ai-'k-'iif4i/.. ‘ <# • •. ‘' ■- . -'■l: Si' \ u Date Application Received: 06-03-04 Date Application Considered as Complete: 06-29-04 60-Day Review Period Expires: 08-30-04 tilCCTIfkJG JUL 2 6 2004 CITY OF ORONO REQUEST FOR COUNCIL ACTION Date: July 22,2004 Item No ^ Department Approval:Administrator Approval: Name: Melanie Curtis Title: City Planner is \J[({ Agenda Section: Zoning Item Description: #04-3030 - Craig Lagorio for Dr. Martha Spencer, 1005 Willow Dr S - Variances - Resolution ___________________ Zoning District: Lot Area: Lot Width: RR>1B, Single Family Rural Residential, 2 acre/200* 2.2 acre 260* @ shoreline List of Exhibits: A - Resolution per Planning Commission Recommendation B - PC Action Notice dated July 20,2004 C - PC Memo & Exhibits of June 29,2004 Application Summary: The applicant is requesting a lake setback variance to allow grade level decks within 150* of the OHWL on a natural environment lake and a hardcover variance for 8.0% hardcover within the 0-75’ setback zone where 0% is normally allowed and 9.2% exists in order to construct lakeside decks over existing patios.________________________ Planning Commission Recommendation On July 19,2004, Planning Commission voted 7-0 to recommend approval of the lake setback and O' 75’ hardcover variances. Staff Recommendation Approval per llie attached Resolution. COUNCIL ACTION REQUESTED Adopt or amend the attached resolution. da I : ; V 1 ilak.^da I A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-1279 SUBDIVISION 1 AND 78-1288 SUBDIVISION A FILE NO. 04-3030 WHEREAS, Martha Alice Leigh Spencer, a single person (hereinafter “the applicants") is the owner of the property located at 1005 Willow Drive South within the City of Orono (hereinafter the “City”) and legally described as follows; Attached as Exhibit A, (hereinafter the “property”); and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 Subdivision 1 to allow construction of lakeside decks 45’ from the OHWL where a 150’ setback is normally required and the existing house is set back 50’ from the OHWL; and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1288 Subdivision A in order to allow a 0-75’ zone hardcover level of 8% where 0% is normally allowed and 9.2®/o currently exists in order to construct lakeside decks over existing patios within 75’ of the OHWL. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota; FINDINGS 1. 2. This application was reviewed as Zoning File #04-3030. The property is located in the RR-IB, Rural Residential Zoning District which requires a minimum lot area of 2 acres and a minimum lot width of 200’. The applicant's property is 2.2 acres in area with approxiniately 26C •'f width measured at the shoreline. Page 1 of 5 y&gaai. i 3. The Planning Commission reviewed this application at a public hearing held on July 19, 2004 and recommended approval of the variances basea on the following findings: a. French Lake is a Natural Environment lake which requires a 150‘ setback from the OHWL. b. The existing home is located approximately 50 ’ from the OHWL, entirely within the required 150’ setback. c. Prior to the adoption of the Shoreland Ordinance in 1992 establishing a 150’ setback from Natural Environment lakes, the home was subject to only a 26 ’ wetland setback, at which time all structures were in a conforming location. d. The applicar.t has proposed to a net reduction of 1.2% hardcover within the 0-75’ zone. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in tlas zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Sections 78-1279 Subdivision 1, and 78-1288 Subdivision A to allow hardcover within the 0-75’ setback zone of 8% where 9.2% currently exists and a lake setback variance to allow decks to be set back 45’ from Page 2 of 5 ^ . the OHWL of French Lake where 150’ 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 B. Ai»y amendments to the site plan which are not in conformity w'ith City codes will require further Planning Commission and City Council review. 2. Hardcover in the C-75’ zone shall not increase above the level of 8% or 1,604 s.f.. Hardcover in the 75’-250’ zone shall be limited to 4,260 s.f. or 18 7% per the proposed plan and hardcover allowance summary as depicted on Exhibit L>. Applicant is advised tint any future requests to increase hardcover or change the nature of c.xisiing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. Applicant shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. 4. Required removals of structure and hardcover shall be completed by the footing inspection for the proposed decks. 5.Authorities granted by this resolution run with the property not with the applicant, but are permissive ’ only and must oe exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (July 26.2005). 6. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation cf the zoning code, shall automatically terminate any authority granted herein, and shall be puni.shable as a misdemeanor. 7.The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of the applicant and the applicant’s heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 3 of 5 r Adopted by the Orono City Council on the 26"’ day of July, 2004. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owncr(s) S^Al'E OF MINNESOTA - OUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 26"' day of Jury, 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 Page 4 of 5 < j 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 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this by Martha Alice Leigh Spencer, a single person day of ,2004 Notary Public Page S of S L i- c5 Lb 040095 10/117/23 JLM DESIGN BUILD ADVANCE SURVEYING & ENGINEERING CO. 5300S.Hwy.No.l01 Min»eto«l«. MN 55345 Phooc (952) 474 7964 Fk (952) 474 8267 SURVEY FOR:JLM DESIGN BUIL SURVEYED: March, 2004 DRAFTED: Marchll,20lr> LEGAL PESCRlPnON: .. .. ^ _____w-u H ub of ihc Northeast Quarter Z -^ine; thoH* Northcrtetly to the point of begmning. Except n»d. Hennepm County. Mmnewta. dilution of bound-y Unc. of die .bo.c 1^1 «u,pcofoi«nric»doe. not include detennitUng whet you rr!T^ nue that it is conect, and (hat "»»« »f t”™*- “* “ /ou wiidi^. on the sinvey. have been slwwn. We dinw a legal was taken from tax recoids for Hcmicpin County. We asked for a complete legal and were never supplied widi one. . 2. Showing the location of existing improvcincnts we deemed important _„-crtv 3. Setting new monuments or verifying old monuments to raaik the comers of prope^^ 4. Showing and tabulating hard cover and arcs of the lot for your review and for such governmental agencies as may have jurisdicrion over hard cover rcquircmcnls. STANDARD SYMBOLS A CONVENTIONS: xi oois «.t unless otherwise no*ed.I n* ID oioc with plastic plug bearing State License Number 9235, act, un CITY OF ORONO 2750 Kelley Parkway PO Box 66 Crystal Bay, MN 55323 952.249.4600 ZONING FILE 04-3030 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: .Tuly 20,2004 TO: Craig Lagorio COPIES: Dr. Martha Spencer 7155 Cahill Road 1005 Willow Drive S Edina. MN 55439 Wayzata, MN 55391 TYPE OF REQUEST:Lake setback & Hardcover Variance DATE OF MEETING:July 19,2004 Planning Commission recommended as follows: Approval of the proposal as submitted with removal of all plastic & fabric landscape liners: VOTE:7 FOR 0 AGAINST Applicant's 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. FILE «04-3030 29 June 2004 Page 1 of 4 Date AppUcation Received: 06-03-04 Date Application Considered as Complete: Od-29-04 60-Day Review Period Expires: 08-30-04 To: Chair Rahn and Planning Commission Members Ron Moorse, City Administrator From: Melanie Curtis, City Planner Date: June 29,2004 Subject: 04-3030, Craig Lagorio for Dr. Martha Spencer, 1005 Willow Drive S, -Variances -Public Hearing 2^ning District: Lot Area: Lot Width: RR-IB, One Family Rural Residential District 200’ width & 2-acre minimums 95,002 s.f. (2.2 acres) 260’ measured at a line parallel to the shore Application Summary: The applicant is requesting a lake setback variance to allow grade level decks within 150’ of the OHWL on a natural environment lake and a hardcover variance within the 0-75’ setback zone in order to construct lakeside decks over existing patios.________________________________________ Staff Recommendation: Planning Department Staff recommends approval of the variances as requested. Hardship: The existing: home is located entirely within the required 150' lake setback and half is located within 75 * of the OWHL._____________________________ Pertinent Zoning Ordinance Sections See. 78-1217. Classification of public waters. 1 he public waters of the city have been classified below consistent with the criteria found in Minnesota Regulations, part 6120.3300, and the protected waters inventory map for OHWL (feet)Protected Waters Inventory 1 D 4 (l>Saiural Emit omnent {SE) takes LaKr Classen 974 5 162-P Dickc) Lake 985 5 161-W French Lake (South Basin only)930 0 140-P r ] FILE #04-3030 ’9 June 2004 Page 2 of 4 See. 78-1279. Placement of structures on lots. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Structures shall be located as follows: (1) Structure and on-site sewerage system setbacks (in feet) from ordinary high water level:_______ Public Water Classirication Tribularv Setbacks Structure Unsewered 150 100 100 Sewered 150 Sewage Treatment System 150 Sec. 78-1288. Hard cover limitations. (a) No hard cover or impervious surface shall be placed, located or constructed within 75 feet of tlie ordinary high water level of any lake or tributary, except for stairways, lifts, landings and lockboxes as regulated elsewhere in this Code. (b) Between 75 feet and 250 feet of the OHWL, there shall be no greater than 25 percent hard cover. Between 250 feet and 500 feet of tlie OHWL there shall be no greater than 30 percent hardcover. Between 500 feet and 1,000 feet of the OHWL there shall be no greater than 35 percent hardcover. List of Exhibits A. Application B. Hardship Documentation Form C. Existing & Proposed Survey/Siie Plan D. Submitted Hardcover Calculations E. Aerial Photo F. Property Owners List G. Plat Map Background The existing home at 1005 Willow Drive South is located entirely within the 150’ structure setback for French Lake, a natural envirorunent l2dce. Additionally, half of the home is located within the 75 ’ setback from the OHWL of French Lake. Any additions or alterations to the existing home would require a lake setback variance, a hardcover variance or both. The applicant has proposed to construct decks over existing patio hardcover resulting in a slight reduction in hardcover within the 0-75 ’ zone. The property is surrounded by mature trees. FILE #04-3030 29 June 2004 Page 3 of 4 LOT ANALYSIS WORSHEET RR-IB Lot Area Lot Width Required 87,120 s.f. (2 acre)200’ Actual 95,002 s.f. (2.2 acres)260’ (parallel to shore) Setbacks: RR-IB Required Existine Proposed Lakeshore 150* (Natural Environment Lake) House 50’± from OHWL Patio 45’± from OHWL House 50’± from OHWL Deck 45 ± from OHWL Rear 50’57.7’57.7’ North Side 30’92.7’92.7’ South Side 30’90’90’ Average Lakeshore No encroachment No encroachment Structural Coverage: The property exceeds 2 acres, thus structural covenge is not considered. Hardcover Calculations: Hardcover 2Lonc Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover 0-75 19,984 s.f.Os.f (0%) 1,847 s.f* (9.2 %) 1,604 s.f (8.0 %) 75 -250 ^22,847 s.f.5,711 s.f (25%) 4,260 s.f* (18.7%) 4,260 s.f (18.7%) After exclusion of fabric or plastic-lined landscape beds Lake Setback Variance French Lake is a natural environment lake which has a setback requirement of 150’ from the OHWL for all structures. Tire existing home is located entirely w'ithin the 150’setback with the closest part approximately 50’ from the OHWL. Hardcover Variance The existing home is located approximately 50’ from the O^^T^L and the existing patio is within 40’. The applicant has proposed to remove the existing patios and replace with a slightly smaller deck. The total hardcover existing is 9.2%, and the applicant has proposed a reduction to 8% hardcover within the 0-75’ setback. The 75'-250’ zone is below the allowed at 18.7% not including the fabric lined landscape beds. Hardship Statement Applicant has completed the Hardship Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. FILEM4-3030 29 June 2004 Page 4 of 4 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 offire, risk to the public safety, and the effect on values of property In tite surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code In Instances where their strict enforcement would cause undue 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. The home was constructed prior to the adoption of the Shoreland Overlay Ordinance (1992) which identified French Lake as a natural environment lake requiring a ISO’ setback. Prior to adopting the Shoreland ordinance the home was in a conforming location, as it was only subject to a 26 ’ wetland setback at that time. Staff finds that due to the location of the existing home and patios, there is a valid hardship for granting the lake setback and hardcover variances. Hardcover within the 0-7S ’ setback will decrease as well. Issues for Consideration 1. Will the new decks over existing patio areas have any negative visual impacts as viev/ed from the lake? 2. Are there any other issues or concerns with this application? Staff Recommendation Planning Staff recommends approval of the variances as requested with the following provision: 1 . Removal of all fabric and plastic landscape liners. * tMAY. 7.20041 4:45PM 9529PNC-PEDS ENOO 952 993 17511 landscape LLC NO. 502 P. 2: 02 V,rt"ar;Scilon Stnst Address: 2760 Kolley Parkway Orono, MN 36366 Main; 952*249-<4600 fax 952-249-4616 Mailing Address: . P.O. dox 6$ Crystal Bay, MN S5323-00S6 Application # 0^**^ Date R8C£h/ed: Amount Paid: Staff: Fea: $600 RanewalE Sib'o ' /■*T’>W \ C. /•» After-yift-fect: $1,200 Dcupie Poa 0 This application form must be completed in full. Applcanl will be notified within IS days as to the status of the application. Incomplete applications will not be placed on Planning Cammlssloil Agendas. PROPERTY INFORMATION: ^ Site Address: /opy u.0vO Property Identification Number (PIN): // 7z / 2- /Z. (Attach legal daecrlptlon to application If not included on the survey.) Dale Property Acquired (month/year): □ Yes, I own the adjacent parcels. Present use of property: ^Reeidentla □ Other ______________________ Zoning District; ________________ APPLICANT INFORMATION: (Complate Isfisl na.r.es and marital status required for each interested party) Name: C€A(&' _________________________________ Phone (home): -Wl Phone (work): >l iuG ______ Address: hri'c/frtiLi^ ZI->,h > i<V/n>A-, mkj- _ Email: Co'txz.^i o ^ iha, c./i ^ ____________Fax: f //lo OWNER INFORMATIO^(Complete legal namB8a.“d manat statue required for each Intorestad party) " I4aiil4i."'' amc ,€:- ue^t 6. t-4 SA£Ajse:fg-» ( t tScexj-.I4aiiie. v-rrCjTT^ ue^t6.t-4 SA£Ajse:fg-»________ Phone (home): ^ i rg Phone (work): ^^7- Address: K>QSr wu-^<5v0 owl so \AJA^zyi'r^Address: ICQsr wu-x^vo pyg, SO __ Email: . <poy^n■vv^r^.Fax: Ous^'Z DESCRIPTION OF REQUEST: Estimated Project Cost: $ //r.v Describe the request In detail (attach additional sheets if necessa^): ___________________ l)cT<uc( f>/J /:ir- //ptttC _______________________ #3030 jMAY. 7.2004i 4:45PM 9529?NC-PE0S £NOO 952 993 17611 LANDSCAPE LLC NO. 502 P. 3^ 03 REQUIRED SUBMITTALS: All of tha following information must be submitted by the application deadline date in order for your applioatlon to be processed. □ Pre-Application Meeting Form, completed by a City Planner. □ Completed Application Form □ Completed Hardship Documentation Form D Certified Property Owners List - owners within 150' of the subject p.'ope.ly, labels and plat nrap. List, labels snd map may be obtained from Hennepin County Department of Financa. Government Center, A-B03 300 South 6‘” Street, Minneapolis, telephone 012-348-5910 □ Original Certificate of Survey (signed by a licensed surveyor), meeting ail the reouirements listed within this packet, including hardcover calculations. Also provide one copy 8.5* x ir or 1 r X 17" for reproduction. □ Completed hardcover calculation worksheets (as provided within the var’ance packet). □ Topographic survey - Including existing and proposed elevations. Provide one copy B.S" x 11' or 11" X17" for reproduction. □ Sketches or plans of floor and elevation views (provide one copy 0.5" x 11" or 11" x 17"), □ Additional items may be requested by City Staff depending on the scope of the project, • APPLICANT'S ACKNOWLEDGEMENT: The applicant hereby agrees to provide all Information required or requested by the Planning Department, agrees to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses Incurred In review of this application and certifies that the information supplied Is true and correct to the best of his/her knowledge. The applicant recognizes that he/she is solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its pot^tial merit. Applicant's Signature: Applicant's Signature:Z/ Date: ^ Date; ' -^tSWN^'S ACKNOWLEDGEMENT: The owner hereoy acKnowleogea and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission & Council Members for purposes of investigation and verification of this request. Owner's Signature: Date: l6ild<j Owner's Signature: ' ^ Date: ___________ ~ Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are normally held on the third Monday of each month! Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend e scheduled meeting, please make arrangements to have an authorized representative attend In place of the applicant and advise the City Planner assigned to your project 15\' Page 1 of 3 HARDSHIP DOCUMENTATION FORM This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. ________________^========-—=-=— Minnesota State Statue Section 394.27. Subdivision 7 requires that a hardship be demonstrated in order for a variance to be granted. The hardship must be umque 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? ^ ^ v. This form has 12 points outlining the basis City staff uses to determine if a hardship exists nnd how the variance will affect the surrounding community. To prove a hardship, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is Justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of these hardship criteria as they relate to the request (some may not apply): "The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls." fhtfi zV/g/- Tj en'h/AyA//<.\r > 1. ■r.T/rr',A,<- A?T/crr 2."The plight of the landowner is due to circumstances unique to his property not created by the landowner." 3. “The variance, if granted, will not alter the essential character of the locality. 4. "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." /CcijXt-Vif^cir y.g' £>/------------ ------------------------------------------------------------------------------------------------------------------------------------------ #30 5. * • * t N . i* 'v• i • . • •Page 2 of3 “Undue hardship also includes, but is not limited to. inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes. Section 1 16J.06, Subd. 2, when in harmony with this Chapter." 6. 7. “The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person’s land is located." “The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.“ 8. 9. 10. “The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." "The conditions do not apply generally to other land or structures in the district in which said land is located." MaV j./,cr /*?'/-.l' iAf',:- "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." 11. “The granting of the proposed variance will not in any way impair health, safely, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code '/'ly iWfy' M- 'O jt>. •' ' j] h . •P . i Sii> rJ BCL. Page 3 of 3 12."The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty." IriM'T’MJ!,' e.*- jf n- —ZZ— 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); n t> HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE)75-2S0'250-500*SOO-IOOO' f;<TSTTNC hardco ver TN ZONE A. House ______________ UOS S.F. WWih X X X B. Garage C. Driveway X X D. Sidewalk X X E. Paiio/Dcck X X F. Landscape Underlain By Plastic X X X 0. Other A+ u*,l| S.F. S.F. S.F. S.F. TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE -*• B ____ y( w-s; X 100 - ppnpO.SET? Ha RDCQ VRR in ZONE A. House Lentth Width X X X B. Garage C. Driveway X X D. Sidewalk X X E. Patio/Dcck X X F. Landscape Underlain By Plastic X X X Q. Odtcr A.-B -------X 100 S.F. S.F. ^•4 < / S.F. S.F. SF. S.F. S.F. S.F. S.F. I ^¥7 SF. A S F. B % \to^S.F. S.F. S.F. S.F. S.F. 119 S.F. S.F. S.F. S.F. 377 S.F. S.F. S.F. S.F. S.F. S.F. ■ SF. A S.F. B % RUN UAI b.V 10/2004 38 1011723210004 PROP ADOR 1000 WIU.OW DR S OWNiiRNAME L R KLOMDICS/B A KLOMOIES lAXPAYER LINDSAY R/B ANNA KLOMBIES NAMBAOOR 1000 WILLOW DR S WAYZATAMN 55391 38 1011723230004 PROP ADOR 38 ADDRESS UNASSIGNUD OWNER NAME Cl>RK J WINSLOW ET AL TAXPAYER SHARON & CLARK WINSLOW NAME/ADOR ' 205 FRENCH CREEK CTR WAYZATAMN 55391 38 1011723240030 PROP ADOR 1233 BRIAR ST OWNER NAME TEFRANK ABLFRANK THOM AS A BARBARA FRANK NAME7ADDR 1233 BRIAR ST WAYZATAMN 55391 w V. t -i HLNNhIMN COUNI Y TKv^rLKl i h *» wivivi/»mw.4 oi*-.*# PROPERTY OWNERS LIST m 38 1011723210006 PROP ADDR 2195 FRENCH LAKE RD OWNER NAME EHICSGORREIX TAXPAYER FRIC S CiORREU- NAME/ADOR 2195 FRENCH LNKF. RD WAYZATAMN 55391 38 1011723230005 PROP ADDR 38 ADDRESS UNASSIGNLD OWNER NAME RCANLUX TAXPAYER ROBERT C A NANCY LUX NAMI/ADDR »209 FRENCH CREEK DR WAYZATAMN 55391 38 1011723240034 PROP ADDR 1055 WILLOW DR S OWNER NAME DAJKAYE TAXPAYER DALE R A JOAN KAYE NAME/ADDR H>« WILLOW DR WAYZATAMN 55391 38 1011723210009 PROP ADDR 2135 CARRIAGE LA OWNER NAME SCOTT A NANCY REID TAXPAYER SCOTT REID NAME/ADDR 2135 CARRIAGE LA WAYZATAMN 55391 38 I0I17232400I2 PROP ADDR 1005 WILIXIW DR S OWNER NAME MARTHA L SPENCER ■YAypAYER MARTHA ALICE LEIGH SPENCER NAMDADDR PO box 205 CRYSTASLBAYMN 55383 38 1011723240037 PROP ADDR 2125 CARRIAGE LA OWNER NAME K A SHIBLEY A K A MALETTA TAXPAYER KIRK SHIBLEY A KIM MALEHA NAME/ADDR 2125 CARRIAGE LA WAYZATAMN 55391 on I CERTIFY THATTHE PACFS REPRESEWED ARE AN RECORDS TRUE REPRESENTATION OF INFORMATION AS IT „ ggsy OFTHE HENNEPIN COUNIY TAXPAYER SERVICES DEPARTT^WJ^ THE BEST 0FMYKNOWUDGEANDBEUEF_^^^_^_^^^ ejcttieir Hennepin Hennepin County Taxpayer Services Department R I V. 10-117-23- mft utit I 0 HNSTONSfRE/^HL^I/' «/*L9ra it4 SECOND f ' V." ‘ - ! HILL > -••I Z 1 M i<«•' 1 t »• 1•n * 1 1 '* 1 ’• * 1 \ » 1 .•* * 21, * r^iS / /y-' f^SUSOParcel Information 1. Parcel ID 1011723240012 v House Number 1005 Street Name WILLOW DR 5 % *•• TNslinota legaMyneordedmap. n nprsmtlB a compilation of Mbniattion and data from CSy, Ooanfy, and Staia roadauthoritias and othar aourcas. I JUL 2 6 2004 Dale Application Received: 6-23-04 Date Application Considered as Complete: 6-23-04 60-Day Review Period Expires: 8-22-04 CITY OF ORONO REQUEST FOR COUNCIL ACTION Date: July 21,2004 Item No.: ^ Department Approval:Administrator Approval:Agenda Section: Zoning Name: Janice Gundlacli .i Title: City Planner Item Description: #04-3032. Charles & Roseanne Simpson. 2695 Kelly Avenue - Variances - Resolution Zoning District: Lot Area: Lot Width: LR- IB. One Family Lakeshorc Residential District (1 acre minimum) 0.61 acres (26.925 s.f.) 67.5 feet @ shoreline; 107.5 feet @ 75 foot setback List of Exhibits A - Resolution per Planning Commission Recommendation B - PC Action Notice 7-20-04 C - PC Memo and Exhibits of 7-9-04 Application Summary: Applicant requests the following variances in order to construct a new residence on an existing lot: 1. Lot area variance to permit construction of a new residence on a lot which is 0.61 acres in area when 1.0 acres is normally required. 2. Lot w idth variance to permit construction of a new residence on a lot w hich is 67.5 feet in width at the shoreline and 107.5 feet in >vidth at the 75 foot setback when 140 feet is normally required. Statff' Recommendation: Staff recommends approval of the variances as submitted stipulating implementation of the recommendations of the City Engineer letter dated 7-6- 04. Please note that the proposed residence meets all pertinent hardco^•er, setback and lot coverage requirements of the Code.___________________________________________ Planning Commission Recommendation Approval consistent with staff s recommendation on a unanimous 7-0 vote. Staff Recommendation Approval per the attached Resolution. COUNCIL ACTION REQUESTED Adopt the attached Resolution granting lot area and lot width variances for 2695 Kelly Avenue. EXHIBIT A A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-330 (B) FILE NO. 04-3032 WHEREAS, Charles D. Simpson and Roseanne Simpson, husband and wife (hereinafter “the applicants") are the owners of the property located at 2695 Kelly Avenue within the City of Orono (hereinafter the “City") and legally described as follows: Lot 2, Block 1, Carman Cove, Hennepin County, Minnesota (hereinafter the “property"); and WHEREAS, the applicant has made application to the City of Orono for variances to Orono Municipal Zoning Code Section 78-330 (B) to allow a new residence to be constructed on a lot which is 0.61 acres or 26,925 square feet in area w'hen the zoning district requires 1 acre or 43,560 square feet, and which also has a lot width of 67.5 feet at the shoreline and 107.5 feet at the 75 foot setback when 140 feet is normally required. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota; FINDINGS 1. This application was reviewed as Zoning File #04-3032. 2.The property is located in the LR - IB, One Family Lakeshore Residential District, which requires a minimum lot area of 1 acre and a minimum lot with of 140 feet at the shoreline and 75 foot setback. 3.The Planning Commission reviewed this application at a public hearing held on July 19, 2004 and recorrunended approval of the variances based on the following findings: Page 1 of 6 4. 5. a. The lot is an existing lot of record created prior to adoption of the current Zoning Ordinance standards. b. The existing residence has existed on the lot since 1956. c. The applicant’s proposed plan meets all other standards established under the Zoning Ordinance including hardcover, setbacks, and structural coverage. The City Council has considered this application including the finding.' and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variances on the health, safety and welfare of the community. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances wou.J not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Section 78-330 (B) to allow a new residence to be constructed on a lot which is 0.61 acres or 26,925 square feet in area when the zoning district requires 1 acre or 43,560 square feet, and which also has a lot width of 67.5 feet at the shoreline and 107.5 feet at the 75 foot setback when 140 feet 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 . Page 2 of 6 2. Applicant shall dedicate a 10 foot drainage and utility easement along the western side property boundary. 3. Hardcover in the 75 ’-250' zone shall be limited to 5,132.5 s.f. or 25%. Applicant is advised that any future requests to increase hardcover or change the nature of existing/approved hardcover above 25% shall require City approval, and increases in hardcover will not likely be approved without concurrent reductions in existing hardcover. 4. Applicant is advised that plastic or fabric liner material for decorative landscape beds is not allowed on the property. No new plastic or fabric liner material shall be installed to ensure landscape bed permeability as non-hardcover surfaces. 5. Applicant is advised that the Cities building height requirement is 30 feet or 2 '/} stories measured from existing grade to the average height of the highest gable as reference in Sections 78-1, 78-330 (a), and 78-1366 and that no variance to the height requirement is granted under this approval. 6. Authorities granted by this resolution run with the properly not with the applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (July 26, 2005). 7. 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. 8.ITie undersigned applicants have read, understand and hereby agree to the terms of this resolution and on behalf cf the applicants and the applicants ’ heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 3 of 6 j Adopted by the Orono City Council on the 26*’’ day of July, 2004. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner(s) Page 4 of 6 \I STATE OF MINNESOTA COUNTY OF HENNEPIN Tlie 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 L*nda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 5 of 6 State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this__day of .2004 by Charles D. Simpson, husband of Roseanne Simpson, husband and wife, Notary Public State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this__day of ,2004 by Roseanne Simpson, wife of Charles D. Simpson, husband and wife. Notary Public Page 6 of6 1 nnfl /■/ <v\-v.^;f;’ Vf l7 C:^ \EXHIBIT A rV .*•. X^' ]^' . V J "\.v' X ' * > A )rf vf^rfAi^ 4 utility EAStME/^ Be /''^ /// /t^^ « . ZtZ iO. rf.?o \ kVA^ (9fl 3)>: . I'O Ci>. SCALE IN FEET « EXlSIlNr. SPOT ELEVATION X(<)98 0) - PHOPOOCD SPOT ritVAIlON ^ - OWlCtXIN SORTACt DRAfJAOC ’■*1 trB-'nrjo ■' D 'PROPOSED'', FNOTii -. ISO 0SE0\ BMPSON"* (6 5^ - -2_JL^V!J ; *> ' . . 'Ou. N »♦: HOUSE »«2975 SF rO.\C!l 260 SF STEPS - 56 SF DECK - 570 SF DRIVE - 1175 SF WALK * 80 SI TOTAL = 5116 SF (24.92% or LOT AREA) (>17 SF) DESCRIPTION LOT 2. BLOCK 1. CARMAN COVE. HENNEPIN COUNTY. MN ■•■ ADDRESS - 2695 KELLY AVENUE PID# - 20-117-23- 14-0008 LOT AREA • 26925 SF/ 061 AC <75SB = 20530 SF X 25% = 5133 SF ALLOWABLE HC /OHW 929 4 " SHORELINe 9292 7/27/03 u 3 -ivriAj 1°^ iS'-' ?, t^U.Q,XIQ 0>,Coz I U,5f iajcn Q m U> LJ 0> Vi % u i> m EXHIBIT B CITYOFORONO ZONING FILE: 04-3032 2750 Kelley Parkway P.O. Box 66 NOTICE OF PLANNING COMMISSION ACTION Crystal Bay, MN 55323 (952)249-4600 DATE OF NOTICE: July 20.2004 TO: Charles & Roseanne Simpson COPIES: Ration Alexander 2695 Kelly Avenue Design Group, Inc. Excelsior, MN 55331 401 East Lake Street Wayzata. MN 55391 TYPE OF APPUC^TI()N:_......................................................................................... DATE OF MEETING: July 19,2004 Planning Commission recommended as follows: Approval of the variances as submitted stipulating implementation of the recommendations of the City Engineer, including dedication of a 10’ drainage and utility easement along the western side property line. VOTE:FOR AGAINST 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, tliey 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. 2 EXHIBIT C «04-3032 July 19,2004 pAge 1 of 4 Date Application Received: 6-23-04 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: Date: Subject: Janice Gundlach, City Plamier^^ July 9. 2004 04-3032, Charles & Roseamie Simpson, 2695 Kelly Avenue - Lot Area Sc Lot Width Variance - Public Hearing Zoning District: Lot Aren: Lot Width: LR- IB, One Family Lakeshore Residential District (1 acre min.) 0.61 acres (26,925 s.f.) 67.5 feet @ shoreline; 107.5 feet @ 75 foot setback Application Summary: Applicant requests the following variances in order to construct a new residence on an existing lot: 1. Lot area variance to permit construction of a new residence on a lot which is 0.61 acres in area when 1.0 acres is normally required. 2. Lot width variance to permit construction of a new residence on a lot which is 67.5 feet in width at the shoreline and 107.5 feet in width at the 75 foot setback when 140 feet is normally required. Staff Recommendation: Staff recommends approval of the variances as submitted stipulating implementation of the recommendations of the City Engineer letter dated 7-6- 04. Please note that the proposed residence meets all pertinent hardcover, setback and lot coverage requirements of the Code. Pertinent Zoning Ordinance Sections Sec. 7S-330. Area, height, lot width and yard requirements. (b) Lots The following minimum requirements shall be observed: Lot Area (acre)Lot Width (feet)Front Yard (f:ct)Side Yard Adjacent to Another Lot Rear Yard (lee!)Side Yard Adjacent to Street (feet) 1 140 35 to ! 30 33 o • 1 Sec. 78-72. Lots of record. (b) A lot of record existing upon January I, 1975, in an R district, which does not meet the requirements of this chapter as to area or width may be utilized for a single-family detached dwelling purpose, provided that in the judgment of the council such use does not adversely affect public health or safety and the following requirements are met: <<04-3032 July 19,2004 Page 3 of 4 Rear 30 ’NO39 ’ Left Side 10 ’9.3 ’21.5 ’ Right Side 10 ‘lo.r 10 ’ Lakeshore 75’100 ’ house 81 ’ deck 9S’ house 85’ deck Average Lakeshore 42 ’-60 ’ (west-east)99’ house 82 ’ deck 98 ’ house 85’ deck Structural Coverage Tot.ll Lot Area Total Structural Coverage 26,925 s.f (0.61 acres)Allowed: 4,038.75 s.f. (15%) Proposed: 3,805 s.f (141b) Hardcover Calculations H.irdcovcr Total Area in Allowed Existing Proposed Zone Zone Hardcover Hardcover Hardcover 0-75 6,395 s.f Os.f (0%) s.f* ( %) o' s.f (0%) 75 -250 20,530 s.f 5,132.5 s.f (25%) s.f* (%) 5.116 s.f (24 92%) • After exclusion of fabric or plastic-lined landscape beds Lot ArcaAVidth Variance This lot is located within a one acre zone and requires 140 feel of width at the shoreline and at the 75 foot setback. The lot is approximately 0.6 acres with only 37.5 feet of width at the shoreline and 107.5 feet of width at the 75 foot setback. Therefore, the lot is non-conforming in area and width an.d requires approval of these variances in order to rebuild. The Zoning Ordinance allows for administrative approval when the lot meets 80% of the zoning district requirements, however this lot is only 62% of the area requirement and 48% of the width requirement at the shoreline and 77% of the requirement at the 75 foot setback. Hardship Statement Applicant has provided a Hardship Documentation Form as Exhibit B, and should be asked for additional testimony regarding the application. Hardship Annivsis In considering applications for variance, the Planning Commission shall consider the effect of the proposed variance up, n the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger offtre, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in Instances where their strict enforcement would cause undue 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. #04-3032 July 19, 2004 Page 4 of 4 Staff finds a hardship exists to warrant approval of the requested variances. The lot was created prior to adoption of the Zoning Ordinance’s requirements for area and width. When a lot is a legally created lot, the City must entertain development of the lot when a reasonable set of standards can be met. TTie applicant has proposed a plan the conforms with every other aspect of the Zoning Ordinance including hardcover, setbacks, and structural coverage. Issues for Consideration 1. Are there any other potential negative impacts that the City should attempt to plan for? 2. Are there any other issues or concerns with this application? Staff Recommendation Approval of the variances as requested stipulating implementation of the recommendations of the City Engineer. City of Orono Variance Application EXHIBIT A St'eer ACdress: 2750 Keliey Parkway Orono. MN 55355 Application Date Received; t_c 'i.i-oW Main: 952-249-^500 fax; 952-249-^516 Mailing Address P.O. Boxes Crystal Bay. MN 55323-0066 Amount Paid. LcCxZ>. CO Staff: ^ j fx \ ; r u- ^_______ Fee:S6C0 Renewal; S300 Afte.*-the-fact' 51,200 D cud e Fee Th'S application form must be completed in full. Appicant will be notified within 15 days as to the status of thf application. Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: Site Address; Property Identification Number (PIN); 1 - i (Attach legal description to application if not included on the survey.) Date Property Acquired (month/year): ________□ Yes. I own the adjacent parcels. Present use of property: ,13vResidential □ Other Zoning District; L-g -l __________ APPLICANT INFORMATIO Name; PhOrleS ^ 'll (Complete legal names and marital status reauired for each interested party) Phone (home^; C fiPiSr&Cl VI rn € 1 M CirfeCl-1'^_________.__________________________________ __________________________________________... 'Cl ) Phone (Work); -/Ml..-L-M I 2 Address; olC^CiS ^ / Ar^c-^ Email- Cli^lHA<^,^?^itMl^dle,Ol-^ c?) hpSe/;i~j Fax: • sj OWNER INFORMATION; (Complete legal names s'd mantal status required for each interested party) Name; Phone (home): Address; ___ Email: Phone (work); Fax; DESCRIPTION OF REQUEST: ' Esti.maled Project Cost $ Describe the request in detail (attach additional sheets if necessary). _____________ U.\\OTVr ~ 1*^0? "TH'.Ah-.l . "Z^-su/n yV o kJrrP lU ^-f ! rTU^-Jy.::- li < ■ ; \ .•:O 0 'A..-?: 4 ^ C -5 I REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. X□□□ a□' X 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 Street, Minneapolis, telephone 612-348-5910 Original Certificate of Survey (signed by a licensed surveyor), mieeting 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 sun/ey - including existing and proposed elevations. Provide one coov 8 5" x 11" 01 11" X 17” for reproduction. Sketches or plans of floor and elevat'on views (provide one copy 8.5" x 11" or 11" x 17") Additional items may be requested by City Staff depending on the scope of the project. ’ APPLICANT’S ACKNOWLEDGEMENT: The applicant hereby agrees to provide all information required or requested by the Planning Department, agrees to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review o* this application and certifies that the information supplied is true and correct to the best of his/her knowleoge. The applicant recognizes that he/she is solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. ~7 Applicant's Signature:Date; °3te; ...in /\Q/O --/ OWNER’S ACKNOWLEDGEMENT: The owner hereby acknowledges and agrees to this application and further authorizes r-^asonable entry onto the property by City Staff, consultants, agents. Commission & Council Members for purposes of investigation and verifica^jn-of^is request. Date:Owner's Signature; Owner's Signature; y Date; y^./p/Q v/ Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are normally held on the third Monday of each m.ontn 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 ma'Ke arrangements to have an authorized representative attend in place of the applicant and advise the Citv Planner assigned to your project. ^ j; %'..Ji f oo City of Orono Pre-Application Meeting Form (This form is to be ccmpleted by a City Planner during your pre-aos!iC3t!on meeting.*^ street Address: 2750 Kelley Parkway Mailing Address. P C Bex 66 For O'^'ice Use Oi'iv City Planner:jAMlCYT Crono. ly.N 55356 Crystal Bay. MN 55323-0055 Meeting Date/Tirre. PC Date: jUlY hMentJcn Main, 952-249-<i600 Fax; 952-249-4516 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 regu'ations that create opportunities or problems for the proposal. PROPERTY INFORMATION; Site Address; Zt'v'b KOl^] Property Identification Number (PIN); Zoning District; LR ' j&_____Size of Property: Q. (rI 0 Li- ‘'.'i ZOII-7L3, iHOOO% DESCRIPTION OF REQUEST: □ Average Setback □ Side Yard Setback □ Rear Yard Setback □ Hardcover □ Lot Coverage ^Lot Area □ Other: □ Front Yard Setback _^Lot Width Applicant’s HARDSHIP; Applicant has received the Hardship Documentation Form. Initials; ^ 5* understands it as it has been explained to them, and is aware that it must be completed and submitted in conjunction with their formal variance application. OTHER INFORMATION: ‘Please note; Your variance application vjill NOT be accepted without a pre-application \ EXHIBIT B Page I of3 HARDSHIP DOCUMENTATION FORM This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until tnis form is complete and submitted to the City. Minnesota State Statue Section 394.27, Subdivision 7 requires that a hardshio be demonstrated in order for a variance to be granted. The hardship must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid hardships. In order for an application to be heard by the Planning Commission and City Council a hardship having merit must be demonstrated. HOW DO I PROVE A HARDSHIP? This form has 12 points outlining the basis City staff uses to determine if a hardship exists and how the variance will affect the surrounding communihy. To prove a hardship, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered Please address each of these hardship criteria as they relate to the request (some may not apply): 1."The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls." v.^T— Ml"Zor-.^iNi. ir. rr .-y* I ' ^ Mo-r ^^•lyM rCrCr:.- ___________ 2."The plight of the landowner is due to circumstances unique to his property not created by the landowner." “TV-. i ■ rC Pl^PT>..h!-, 'I 4-t-v^.v. i • i n 3. \U .■^r’r-'' >'■ CJ.J 'ttH- I /"■ r ‘.I-, AC-y: U-'-r II..)'"ht'Pp'fN \ l'‘h c:;-.ri "" ■"•r .'il .V-.-. "Thty “The variance, if granted, will net alter the essential character of the locality." H-r>.X^rri i.-JiUU grr\ tyg-. a:, - f -.rr-rv. 't l.-t . U/.'-y--:: -i: ' 'V 1-^ lU.! • / ‘..-r- I -m-l IJr^n r? ■ "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." 1^ "T-lTTTvi^uJt-r 'JlO I iOCEiti-- ________ luetv'ju rr~ -pob. nu(=?uJ ec^-^y-~'oc=^c=:t-.\ ~ t-gaV-XjT" rT ■_________________________ ■n:) Ti!• # r 5. 6. 7. 6. 10. 11. Page 2 of 3 "Undue hardship also includes, but is not limited to, Inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statu ’ .'S Section 1 16J.06, Subd. 2, when in harmony with this Chapter." ___________ ‘The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person's land is located." -xUa_____________________________________ "The Board or Council may pprm’:t as a variance the temporary use of a one-family dwelling as a two-family dwelling. " k) / A- ____________________________________________ "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." V\y--'■-. it -, D l I y.f )/•> UJhi' /( } ■^ '//<1/C l Vf K-AV’.i-, /-.v v.~ i ;vr . V.. '. i M -j . j-y. "The conditions do not apply generally to other land or structures in the district in • «> which said land is located." « /■') )u. , iA/l^._________________________________^_____________________ “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." ■•"'rV. /■I.V t.-r "TtVv ). -Ti-^v:! 1 '*=T I il.tbl Ol’. ^ T1 < V : -rg; ("7!...II j-HX- . "The granting of the proposed variance will not in any way impair health, safety. Mrnfort. morals, or in any other respect be contrary to the intent of the Zoning ■"nsJyJS. A ?--7C5* rT* 7 r ' d s %j* oo I i Page 3 of 3 "The granting of such variance wilt not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty." -rv4i=:.. W p !. v-v ? /J-Jc. U-iv^ T '-r.oOli j-::Sr - Jir’-J >___________ 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); 1 v» :v •^-,c f.* i /I c; v; ij o -. 5 » 1. £'»*^ C-^•. - V L' r ; f r :'^r 1) ^ • i. J» ; L \ .. Vi- r\ W_> I JV-< ^ ‘ •' \ ■’ ft \ /yiiy / . . /^ \ /'>• /X /<5' ' 'K' Wc Mfc;4 ‘v\ /o'.Y\/f• 4.> V V • ''"-XHi > •• 's 'o \ 0 30 60 00 SCALE IN FEE! » EXISTING SPOT ELEVATION. X(Q900) - PROPOSCO SPOT ELEVATION ^ - DIRECTION surtace orainaci : oi \ ll \ \ S o" -'(/ jfjTv i ^ w' l\ \ o«r «3«sf v^>' V. f fvf - N * ■ HOUSE =-2975 Sf PORCH = 260 Sr STEPS = 56 SF DECK = 570 sr DRIVE » 1175 SF WALK = 8C SF TOTAL = 5116 sr (24.92% OF LOT AREA) (>17 SF) N DESCRIPTION LOT 2. DLOCK 1. CARMAN COVE. HEMNEPIH COUNTY, MN L^^Sl-toPC r / '* ADDRESS - 2695 KELLY AVENUE PlO# - 20-117-23-14-0003 / \V'* I ,—r>«r^ --/ / lot AREA - 26025 SF/ 061 AC <75SB = 20530 SF X 25% = 5133 SF ALLOWADLE HC OHW 929.4 ' SHORELINE 929.2 7/27/03 ».O >xm C J -J(/lUJ i3i .owo •»;20;'?>.<JL .'0 2 IU ^ UJOJ^ o«n to UiCT) § Qi5 (V CQCL Cj ^ Uj QQ kiQi CtO LotO m i?5t< M 1^ H O lllMlliliiftYl; « .4 ^gry V m'mmmw %mt Liam UMAX •» TtJiDh ’HintfaifnS^SfSnS^ j »• r f O «4t I *r MD*M 4K> 4* 00411 Ur M C.il«u« V « 4* WV1 BPft rv CLEv CM t VO0 me IMMItlM (nniiiv^ . N * . • 4**V^ •• #■* ill • It!i. SIP III.r»'i• filin' VM’I^4III I I ri IJJI I t I I I I ' 1^ • I 11 Vf s|WM aggliSpi V.^6i M 1 I 'lihli JMJ i fc* cposmiJi^' r CKMH M V » ** SH rtwiifv cjfl f %u»« 4*0 i*«mj« rui«uv« V*t BAM I44VWU ruffn «M IJA I/«B |A»# OAV TAFfWO f7A.irK5 sffrrrG^ sAff^oxi ar CmR auc Bflw fl Mill M kii A A lA.m j 4* mJAP l AT Mpur, AND crPAN S*^AIC£ cruAfst IAP N r.Ani rs V y 4* r»?M eo6 n v f itv. cm f fiTcrc Afo C 4. / s % ^ • . ^'J^.Jf t. J fc* rt O/U? I AT* Wr, Cf PAK 5*tATi 4* f t PAP I A/* tN GAPLtS y«* y b* Tw cvx» fT« tirv citr sif M ANP s*4jn( K:> n « f II • • . ♦ • •* V : .) •. • \% M X X S H •5J r «I I • I.. .—A r\s *. ••' •■• •' fkil'J ^ V-- ‘wt ms i»»tB Oft m »«« «/c«0ii Mur»« •«*» • M* >«.—w fVM* CM r«T»«0 r^um»Ktf»> «*• rvA rmi mm *m»« cn .V .*« (\(\^ Bonestroo Posene Anderiik & Associates r 1 11. \ A A- 2335 West Highway 36 • St. Paul. MN 55II3 Office 651-636-4600 • Fax’ 651-636-1311 www.bonestfOO.ccm EXHIBIT G Vi\i\] Engineers & Architects * -4:*« *•.• •• ' " • • * July 6, 2004 ..‘II!7 V. •.:< t.-.•»-/ Ms. Janice Gundlach Planner City of Orono Post Office Box 66 Crystal Bay, MN 55323 . • I Ji- Re: 2693 Kelly AN-.?r.u<. File No. 139-04-000 Plat No. 04-3032 Dear Janice: We have reviewed the plans and visited the site for the proposed unprovcmcnts to 2695 Kelly Avenue. The proposed improvements include removing an existing residence and constuicting a new home. The improvements include some site grading and fill imponation to raise the driveway and garage elevations. We have the following comments with regards to engineering matters; • The proposed garage elevation is shown at 942.0. We recommend that the proposed garage elevation be no higher than 940.8. This is the same elevation as the garage to the east. • Drainage along the east side of the house is a concern. We recommend the proposed house be moved so the set back from the east lot line is 13-fect. This min ors the set back of tire existing home to the east and will allow a swale to be more easily constructed. The applicant should be reminded that the city docs not allow any grading within 5-feet of the lot line. • During our site visit we discovered a clay tile that oischarges to the lake at the southwest comer of the subject property. This tile appears to follow the westerly lot line and drains a substantial area as identified in the City ’s Surface Water Management Plan. We recommend that the city acquire a 10- foot wide drainage and utility easement along the west lot line to maintain the line. • All erosion control measures should be installed, inspccicJ and approved ’oy city staff prior to any work on site. If you have any questions please call me at (651) 604-4S63. Yours very truly, BONESTROO. ROSENE, ANDERLIK & ASSOCIATES, INC. Tom Kellogg Cc: Greg Gappa, City of Orono • St. Paul, St CiouO. Rocnester, Wiilmar. MN • Milwaukee. Wl • Chicago IL Action/Cqus! Opportunity Cmpioyor imtf CfnployOO Oorraod J < *• *«l^k' ■ iV. •• >'.v V ^ ^i-' : |-\ % \• .V , 4 •y fTi V f x7,»- i .. .'.r;::CX *• u'i*. ,•* / •* • ■'• ‘V . * l#r ^ .■■•"■..* V.. , , C'/. ^.-Vvr'^555^-'*’^*,? .> ’* NV-'r/'-r; V- ' /N • «. C I # '• v'* ^ * “ !!fc I - * * .' ■:-/y • ' - : • ••N• <• • V- • •\ .;■' -V X-Vr-zj' • (?. V - -.- >1^ I ■\m \ . - . . • . *. ■ ■ • 1 \;i •- • '■/:l "i''- ••-• *x •■ ^ ■•ifty ’ • • •■ > .£7;-r.V-:- . • « • -'^1; -■ •' >rc . »• “ ' • f '■'.* ^x ii- ♦ .■i '* ' i> i \ , V. * /V ^•‘'V.* ■• •i v;t , ■’'' '? ..t:p ’ K - 9 ^ff*THS ♦v \. * V •• / V''^ \ V II >a. .-i > % ' V •• • • • y.•‘1. • 1.T ’V^. *C . > • ‘■5 V •. ■,••«' “ #• •» / >.'**• A '•• ^ • y*? - -u ✓ 4-'a-'^ ^ ■ 'A- -X n>C\. ■--.. tef.-V. 3mi %mw if 'V-r,-; ' £ ''f- J RIJN DATE: 38 20II723M0004 PROPAOOR 2655 LYDIARDAVE OWNER NAME JAJBERG TAXPAYER JAMES DERC NAMH/ADDR LYDIARD AVE excelsior MN 551J' 38 JOII723MOOO* OV^e'r TmE SIMPSON taxpayer CHARLES D SIMPSON NAME/ADDR 2^5 KELLY AVE excelsior MN SiJJI 38 20IIV23M00I7 PROPADOR 7693 KELLY AVE OWNER NAME MARILYN H MCCLASK EY taxpayer MARILYN HMCCLASKEY NAMiyAOUR [,°“°Jon KADLACHMN 3S36I rt i HENNEPIN COUNTY PROrr SYSTEM PR0(*ERTY 03V, *S LIST 38 70II723MOOOS PROP AODR 2650 KLLLY AVE owner NAME S3 WENDLING4 DA WENDUNO taxpayer STEVEN I & DOREE A WENDLING NAML/AUDR 2650 KELLY AVENUE EXCELSIOR MN 55331 38 20117231'IOOOJ PROP ADDR 2697 KELLY AVE OWNERNAME RON 3 CHRISTENSEN EE AL TAXPAYER RON 3 & SARAH A CHRISTENSEN NAME/AODR 2697 KELLY AVE excelsior MN 553JI PROP AODR OWNER NAME taxpayer NAME7A0DR 38 7011723140009 3725 CARMAN RD OC&V AHOUCK DAVID C HOUCK 3225 CARMAN RD I XCEUSIORMN 55331 3« 2011723140010 PROP ADIJR 3245 CARMAN RD OWNER NAME 3 S NIELSEN & K R NIELSEN taxpayer JON S & KIRSTEN R NlLUSEN NAML/ADDR 32‘'5 CARMAN RD excelsior MN 55331 18 2011733140025 PROPAOOR 2655 KELLY AVE OWNER NAME 3 W EUGSTER S C M LUGS IER 1 axpa YLR jack fugs IER/CAROL M EUGSTER EXCELSIOR MN 5.5331 38 2111723230041 PROP ADDR 2699 KELLY AVE OWNERNAME DALUPHOrr TAXPAYER DARYL I. A LUCY SUPHOEF NAME/ADDR 7699 KELLY AVE tXCELSIORMN 55)3! PAGC: I (.7 t-.f • MX Date Application Received: 6-23-04 Date Application Considered as Complete: 6-23-04 60-Day Review Period Expires: 8-22-04 s*ccting JUL 2 6 2004 CITY OF ORONO REQUEST FOR COUNCIL ACTION Date: July 21,2004 Item No.: ~7 Department Approval: Name: Janice Gundlach Title: City Planner Administrator Approval:Agenda Section: Zoning Item Description: #04-3035, Mark & Susan Strobel, 525 Hunter Pass - Conditional Use Permit - Resolutions Zoning District: Lot Area: Lot Width: RR- IB, One Family Rural Residential District (2 acre minimum) 6.502 acres (283,229 s.f.) 81 feet List of Exhibits A - Resolution per Planning Commission Recommendation B - PC Action Notice 7-20-04 C - PC Memo and Exhibits of 7-1-04 Application Summary: Applicant requests a 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. Staff Recommendation: Staff recommends approval of the conditional use permit as requested stipulating execution of the covenant staled within the Zoning Ordinance, Section 78-418 (b) (e). Planning Commission Recommendation The Planning Commission, at their July 19, 2004 meeting, voted unanimously 7-0 to approve the request. Staff Recommendation Approval per the attached Resolution. COUNCIL ACTION REQUESTED Adopt the attached Resolution granting conditional use permit for plumbing in an accessory building for 525 Hunter Pass. EXHIBIT A A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO MUNICIPAL ZONING CODE SECTION 78-418 (16) FILE NO. 04-3035 WHEREAS, Mark D. Strobel and Susan R. Strobcl, husband and wife (hereinafter “the applicants”) are the owners of the properly located at 525 Hunter Pass within the City of Orono (hereinafter the “City”) and legally described as follows; Lot 2, Block 1, Hunter Pass, Hennepin County. Minnesota 'hereinafter the “property”); and WHEREAS, the applicant has made application to the City of Orono for a conditional itsc permit pc’ Orono Municipal Zoning Code Section 78-418 (16) 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. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application w-as reviewed as Zoning File #04-3035. 2. The property is located in the RR - IB, One Family Rural Residential District, which requires a minimum lot area of 2 acres. The applicant's property is approximately 6.502 acres in area. 3. The Planning Commission reviewed this application at a public hearing held on July 19, 2004 and recommended approval of the conditional use permit based on the following findings: a. The proposed plumbing will not be detrimental to the re'idential character of the neighborhood as the applicant's property abut. a cul- de-sac, wetland, and County Road 6. Page 1 of 6 % b. The septic sites for the closest residential lot to the east are closer to the applicant’s pool cabana than that lot’s principal residence. c. The proposed bathroom fixtures meet the requirements outlined in Section 78-418(16). d. The property is approximately 6.502 acres when Section 78-418 (16) (c) requires only 2.0 acres for plumbing in an accessory building. c. The accessory building that the plumbing will be installed within is conforming in size and location. f. The property owner has agreed to file the covenant listed in Section 78-418 (16) (e). The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed conditional use pennit on the health, safety and welfare of the community. The City Council finds that the proposal meets all standards established under the conditional use permit section of the Zoning Ordinance, 78-418 (16); that granting the condi'i-Onal use permit would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; is necessary to preserve a substantial property nght of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit to Orono Municipal Zoning Code Section 78-418 (16) 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, subject to the following conditions: Page 2 of 6 • V 1. Council approval is based on the site plan submitted by the applicants and amiotated 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. The applicant, by executing this resolution and covenant that the property will be bound by the following conditions: a. b. c. The accessory building will not be used for a home occupation unless specifically approved by the City or if allowed by the City Code; The accessory building will not be used as a dwelling ^.nless a guest house CUP is obtained; and The accessory building will not be rented, leased or other\vise provided for use as a d\* elling under any circumstances. 3.Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the conditional use permit will expire on that date (July 26. 2005). 4. V'iolation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants’ heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 3 of 6 Adopted by the Orono City Council on the 26* day of July, 2004, ATTEST: Linda S. Vee, City Clerk Property Owner(s) Barbara A. Peterson, Mayor Page 4 of 6 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 Ci'.y of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN day ofThe foregoing instrument was acknowledged before me on this __, 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 5 of 6 EXHIBIT A EXHIBIT B CITYOFORONO ZONING FILE: 04-3035 2750 Kelley Parkway P.O. Box 66 NOTICE OF PLANNING COMMISSION ACTION Crystal Bay, MN 55323 (952)249-4600 DATE OF NOTICE: July 20, 2004 TO; Mark & Susan Slrobcl COPIES: 525 Hunter Pass Orono, MN 55391 TYPE OF APPLICATION: Conditional Use Permit for Plumbing in Accessory Building______________________________________ DATE OF MEETING: July 19,2004 Planning Commission recommended as follows: Approval of the conditional use permit as requested stipulating execution of the covenant outlined in Section 78-418 (b) (e). VOTE:FOR AGAINST Applicant's next scheduled meeting is confirmed as: City Council - Monday, July 26, 2004; meeting starts at 7:00 p.m. If you desire certi^cd 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 Gundiach at 952-249-4623. 1 1 EXHIBIT C Date Application Received: 6-23-04 Date Application Considered as Complete: 6-23-04 60-Day Review Period Expires: 8-22-04 «040035 July 19,2004 Page I of 3 3 To: From: Date: Subject: Chair Rahn and Planning Commission Members Ron Moorse, City Adj -trator Janice Gundlach, City PlannerVliA July 1,2004 04-a035, Mark & Susan Strobel, 525 Hunter Pass - Conditional Use Permit for Plumbi’.ig in an Accessory Building - Public Hearing Zoning District: Lot Area: Lot Width: RR - IB, One Family Rural Residential District (2 acre minimum) 6.502 acres (283,229 s.f.) 81 feet Application Summary: Applicant requests a conditional use permit to allow plumbing in an accessory building in order to construct a batliroom consisting of a toilet, sink, and shower within the existing pool cabana. Staff Recommendation: Staff recommends approval of the conditional use permit as requested stipulating execution of the covenant stated within the Zoning Ordinance and described herein. Pertinent Zoning Ordinance Sections Sec. 78-418 Conditional uses. Within any RR-IB one-family rural residential district, no structure or land shall be used for the following uses without a conditional use permit: (16) The provision of a toilet, bathtub or shower in an accessory building. Approval shall be conditioned on pro\ ision of municipal sanitary sewer or a conforming sewage treatment sy'tem designed to handle the anticipated flows from the building plumbing. List of Exhibits Exhibit A - Applications Exhibit B - Applicant ’s Narrative Exhibit C - Existing «S: Proposed Surveys Exhibit D - Elevation View Exhibit E - Floor Plan Exhibit F - Aerial Photograph Exhibit G - Property Owner’s List Exhibit H - Plat Map «04-3035 July 19,2004 Page 3 of 3 The applicant's property lies within the 2 acre zoning district where many homes have conditional use permits for plumbing. The applicants lot abuts a cul-de-sac to the northeast, v.-etland to the direct north. County Road 6 to the south and a substantial wetland to the west. The closest residential lot is to the east where the septic sites are closer to the cabana than the house. Staff does not anticipate any detrimental effects of adding plumbing to the pool cabana. b. The council finds that the plumbing fixtures proposed are in keeping with the intended use of the accessory building. The applicant has proposed a toilet, sink, and shower which are all permitted fixtures under the CUP requirements for plumbing in an accessoiy building c. The property is 2.0 acres in area or larger. The property is 6.5 acres in area. Even when the wetland area is deducted the property would still have well over 2.0 acres of dry buildable properly. d. The accessoiy building is conforming in location, «:ize and height. The pool cabana is under 750 square feet where a 10' setback is required. The existing setbacks are in compliance at IJS'ffom the wetland and 320' fiom Co Rd. 6. e. The property owner agrees to the filing of a covenant in the title of the property providing that the accessory building will not be: 1. Used for a home occupation unless specifically approved by the city or if allowed by this Code. 2. Used as a dwelling unless a guest house conditional use permit is obtained. 3. Rented, leased or otherwise provided for use as a dwelling under any circumstances. The applicants have indicated they will not use the building for any of the uses listed above. The resolution appro uig the conditional use permit for phuKling will include execution of this covenant. As noted above, the applicants are able to meet all standards established by the conditional use permit section of the Zoning Ordinance pertaining to plumbing in an accessory building. Staff cannot anticipate any negative impacts and would recommend approval of the CUP request. Issues for Consideration 1. Can the Planning Commission anticipate any lutforeseen negative impacts? 2. Are tt.ere any other issues or concerns with this application? Staff Recommendation Approval of the conditional use permit as requested stipulating the applicants agree to execute the covenant mentioned herein stating the use will not be used for a home occupation, dwelling unit, or rented/leased. ¥ EXHIBIT A CITY OF ORONO - GENERAL LAND USE APPLICATION Application# OM-JS' Date Received Amount Paid -iF v*CO PROPERTY LOCATION Site Adoress 1+u Fa Type of Application to be Filed Property Idenlfication Number (P.i.D.) APPLICANTrtrt-LiuftiNi ^ , r I Name A/Aa<"\< Q » be I Phone (home) 7(.S-2-HT Address SJiC l4iJL^Vft r Pcs>S Phone (work) ~?F.'S - 4-T^ ~ 7f. City DroAo Zip j OWNER (if different than applicant) Name Phone (home). Address Phone (work) _ City______Z'P. Date Property Acquired I (CiO) (do not) also own the aajacent parcels of land. FEES - CONDITIONAL USE PERMITS - (month/year) S600.00 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 Alte'^ation + Permit ____Grading and filling - designated wetland or floodplain ____ Grading and filling - 501 cu yd. or more ____ Grading, seawall, retam ng walls within 75‘ of lakeshore PRD/PID - see “^ee Schedule $250.00 Renewal Fee (no change from original application) After-the-Fact Fee - Double Current Application Fee OTHER APPLICATIONS ______$600.00 Commercial Site Plan Review (+ consultant fees) ______$600.00 Vacation ______$600 00 Easement Vacation ______$1 00 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 ■ 'u* «7 o.J ;v.>» Gi-Sv of Orono Pre-AppJIcatlon Meeting Form . \~.Vt5 for-n is t3 C3 co :~:v r Ci.'y Fi?-.ner during your pre-awClicglisn r-s.^V.r'.z.*; •.■.f'.rC/'rVrcjf: •.‘<i *.• P2r**./’3V W?'/;ry/.cC’o^rv ? c. 5c/. e? !^or Ofice Uso Cr>:v: r.ty Pi-.np?r: JrifJiO-Z *5 iV.V/JL/Y..’- •■•/cct'ps Dat^/Tirne; >/ >;'?..I••• ■:•>'•; vVT-^oOO ‘w •’r.:-2<£-'<5iC rCD?.‘i. jCi '2.0Qu ■y>/. iri'.-. .'.fy i m- Am. « * •«e^ewwe«ee«M»«» a i •* • #•»#• «i_ : 'V: .:,'e ;jLj7pcs« cf c r.‘:2Qting7 nestings popi^c-snt in preparing a corr.pisl9 propoc-a!. inform them o' •.:i?> n-"- end requirerr?;.-:', o' ih: c^'y voda. and identify policies or reguiatiotis in;.\ cre.^:'-: oc prcblerr.s ^r-f tj'.? p'r/pcsio. •*F.O’’//."VuV,FORiV:AT10r.‘; •V.-.;?5*^5. -^:-o-ty J-jonvificatior Nurnno- (Fii'i]"" ~Zr-i~ij7:y CCO'h___ fi. 0 Oistnet: /<k>/6___cu-a of rreper'y; (g. 60Z Atfir-.fT'' 0.r.:lV-^=r;CN OF KSGuc.T.V-. yjr?::-,. vr-255. U30 D !r.6tiv-'icr;i! ITI Guv>?t Housc/Guest Apt □ Dupie.-: Cn-j,V3:!;'.- incuot Us? LI L; Lar.r3 Aiterotior*- ........................ , ..V ^ r-..v=. u*.v- □ CO!*irr. Stfi> riar. P.fjv.'ov/ •- p-‘«•• (Jjp- £iL>i/r,'ir<A ^/•>.//■ r'- Cvrrfn^^'A' »• .. note; Ycurapplication v/>i' FJOT be ao^pted vthkv' tri'j. tenn will be cerrsiefto ^ " AnpiicsMt Signature: jy cut a pre-sppiicstion rr.eetirig dl^.n’c /__//I rv .J _Jf 5*.:-/ :::n::i i EtM V'.nv.u^A .'s o«se •: MAi > • EXHIBIT B Mark D. and Susan R. Strobel 525 Hunter Pass Orono, MN 55447 (763) 249-0742 June 22.2004 Dear City of Orono Plannina Commission: Please accept this application for a Conditional Use Permit for the addition of a batliroom in our pool cabana. The cabana is located in the backyard of my home located at the address above in Orono. We would like to add the batlvroom to prevent our children and their friends from dripping water throughout our home to use the bathrooms while swimming Our wood floors are getting ruined! In addition, the pool house is often used as a changing room for guests as well as an exercise room for our family. We’d like to be able to take a siiowcr and change out there after a workout instead of inside the house. It would be far more convenient for our guests to shower and change there after a swim as well. The only other showers in ovu home are located in bedrooms. The sewer and water lines will be brought underground from the utility room in our home to the cabana well under the frost line. A waste stack to our septic system is located there as well as all the water lines that feed the house. T> ing into them should be very easy. The cabana is heated year-round with a gas wood stove on a thermostat since we use it as an exercise room. Thank you in advance for your assistance with the Conditional Use Permit. Please contact me at my office if you have any questions: (763) 475-6676. Yours trulv. MDS'.ms Attachments 7 n .•>yi •V % 1 : *• /,v .. •••*'• • ft'* '■ *i ■ I ) , /•/'v I • r t 2_ MJKjre./2- P-A<>^:^ r>»6.i.<.<»/^ ,2 t«. • or,MT' A c- C.«_iix/4.T««^M >; •. * • Iu EXHIBIT E L L . 4 Td £<■: , p./fey i./-.-;*J' I W-T‘0 ps»|{ • I • ' ■ jg-.W w*VS£^r A'.5. T*4. ^ c i . I I T^P MAftwi f-/rio ^ ME/fi-' - ^ ^ 11 T.:/v>i /'I'f**«» ^.*0 O " I r’9l2- I J* ti — i 19 , «••‘ jL I >j t Tflp«4^: MAr^-^ C7at»f CffCi -•» ^ ' I fO 1 ^AraAiJA- j ^ cl>*«<Z-r=e.T I Or^VMO'^iC* j I I 1 C:A:\U*^C k ------------- 11 |i 31 nd7T&.’. 2.^ tIo* <P fe.^________.. ^!■g*(g £)''! “'!t J'«^****^(t/*'|’lilt'* **.*^5 '^'Ai ^ v^' ' /■’~'W.. r;jy i ; -/atj.s ^T’/' r?;'-^e- /n-s,- - i n. 'T------------- "• ^a.5>/;>-JA^ 4 x^<50^JC>A ‘T^/^^J P;^ASl r4"«(''^'' • ' ■'■■'■■^^VATt PuACUI^^i CX^OOil^ ^::^/^' X ' H ✓-• 7*0 Ot'fi^LwAhi^ +—i# *v rrfliftill r .u*ii»4k':4iuSiIu*^ _____ «- V f*«f.1 VY-,-- ^ — ^ m . . *■ ■• -., *• •• • • ~- •• •.WS-^Hr^'.MKrT-T. • , ^ • '<»*•*■,. .i"-'V“”***-i‘-'*'___..................-..... ••• ». ?* • ' RUN DATE r6/2$/20M 80 2:.nW3230002 Df AODR 1505 HUNTER OR VER NAME K H MURPHY JR A K MURPHY XPAYER KATHERJNfc/KINOSLEY MURPHY JR ME/ADDR IS05HUNTERDR WAYZATAMN 55)91 38 251112)110002 3PAOOR 3R address UNASSK jNEO /NERNAME SPRJNCH1UOOLFCI.UU XPAYER SPRING HILL GOLF CLUH mp/ador 700 spring hill RD WAYZATAMN S539I 38 2511123310007 OP AODR A05 HUtTFERPASS 9NERNAME W A AND I. J SCHNEIDER ^pay ^R WiaiAM AND LINDA SCHNflULR iME/ADDR <65 HUNTER WAYZATAMN 55)91 38 25ll*2)))0004 OP AODR 725 SIX) II AVE N VNERNAME SPRJNG HILL GOLF CLUH tXPAYER SPRING HILL GOLF CLUH VME/ADOR ’OO SPRING HILL RD WAYZATAMN 55)91 HFNNE'’IN COUNTY PROPERT) ORMATION SYSTEM PROPERTY OWNERS LIST E: I SO 251182)2)0007 PROP AODR <110 pheasant RIDOC RD OWNER NAME TAK MARTIN 1MOMAS A KAIIILCCNMARTIN NAMF/AODR PHEASANT lUIXJC PJ) WAYZATAMN 55)91 PROP ADIJH OWNER NAME taxpayer NAMTVAODR gU 25llg2)2-l0008 450 PIICASANTRIDGCRD I.MSERHINA DA HANSEN I. M SERBIN & 11 A HANSEN 450PlinASAEErRIDUERI) WAT'ZATAMN 55)91 33 35II82))I0005 PROP AODR 500 HUNTER PASS OWNFRNAMn R A M DCUNEY « A G Otl ANE Y taxpayer R0RY4 ANE CRETHL DLLANLY NAME/ADDR .500 hunter pass WAYZATAMN 55)91 38 251182)310006 PROP AODR 525 HUNTER PASS OWNER NAME MD&SRSTROOEL MARK I) A SUSAN R STROUCL NAMt/ADDR »5 HUNTER PA.SS WAYZATAMN 55)91 38 751182)310008 PKOPADDR AI' HUN IER PASS OWNER NAME OANITI. YAMRON/BETSY LYAMRON taxpayer DANII L a BETSY LATT YAMRON NAMI/ADDR 425 HUNT I Y pass WAYZATAMN 55)91 )B 75M82))2Q002 PROP AUDIT )8 ADDRESS UNASSIGNI 0 OWNER NAME BRUCE M & lULIE J S! EINI IT taxpayer BRUCE M * JTJI IE J STEINER NAMCMUDR 144 EDCCWOOD AVC S WAYZATAMN 55)91 f 1 I CERTIFY THAT THF FACR REPRESENTED ARE AN AC CURATE AND OF MY KNOWI.EDGE ANDHEUEF. DATBiliiil/ by i »,«5 A4^- I V i ’ V ‘U >,l . t* n X 2 to o EXHIBIT H Date Application Received: 6-23-04 Date Application Considered as Complete: 7-9-04 60-Day Review Period Expires: 9-8-04 REQUEST FOR COUNCIL ACTION JUL 'i 6 2004 CirVOF ORONU Date: July 21,2004 Item No.: ^ Department Approval: Name: Janice Gundlach^ ' Title: City Planner Administrator Approval:Agenda Section: Zoning Item Description: ^04-3036, Durabill Associates, Inc. on behalf of James Brooks. 3785 Watertown Road - Variance Zoning District: Lot Area: Lot Width: RR - l.A, One Family Rural Residential District (5 acre minimum) 2.914 acres (128,126 s.f.) 118.29 feet List of Exhibits A - PC Action Notice 7-21-04 B - PC Memo and Exhibits of 7-9-04 C - Illu.stration Showing Alternative Design 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. Staff Recommendation : Staff recommends denial of the requested variance to allow a 10 ’ eastern side yard setback. Staff, however would support approval of a side yard setback variance of 14.4 ’ when 30’ is required due to the existing 14.4 ’ setback of the house and attached garage and the nai row ness of the lot. Planning Commission Recommendation The Plaiming 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. Staff Recommendation Staff continues to recommend denial of the request to allow the 10 ’ side yard setback. The location of the existing home 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. • 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 (see Exhibit C). COUNCIL ACTION REQUESTED Direct staff to draft a resolution either: ^ I 1. Denying the request to allow a side setback of 10’ but approving a side setback variance of 14’, 2. Approve the request to allow a side setback of 1 O’, or 3. Other action not yet determined. r EXHIBIT A CITYOFORONO 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 21,2004 TO: James Brooks COPIES: Durabilt Associates, Inc. 3785 Watertown Road 631 8 Cambridge Street Maple Plain, MN 55359 St. Louis Park, MN 55416 TYPE OF APPLICATION:______Side Yard Setback V^^ce_________________ 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:FOR AGAINST 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 and approval by the Planning Commission or Council. If you have questions, please call City Planner Janice Gundlach at 952-249-4623. EXHIBIT B #04-3036 July 19.2004 Page 1 of 3 I-) Date Application Received; 6-23-04 Date Application Considered as Complete: 7-9-04 60-Day Re> i.tiv Period Expires: 9-8-04 To:Chair Ralin and Planning Commission Members Ron Moorse. City Administrator From: Date: Subject: Janice Gundlach. City Planner July 9. 2004 04-3036, Dinabilt Associates. Inc. on behalf of James Brooks, 3785 Watertown Road, Side Yard Setback Variance, Public Hearing Zoning District: Lot Area: Lot Width: RR- lA, One Family Rural Residential District (5 acre minimum) 2.941 acres (128,126 s.f.) 118.29 feet 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 1 0’ when 14.4’ currently exists and 50’ is normally required. Staff Recommendation: Staff reconunends denial of the requested variance 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 Pertinent Zoning Ordinance Sections Sec. 78-395. Area, height, lot width and yard requirements. (b) Lots. The following minimum requirements shall be observed: Loi Aica (acrcb)Lot Width (feet)Front Yard (feet)Side \ .ud (feet)Side Yard .Adjacent to Street (feet) Rear Yard (feet) s 300 100 50 100 100 List of Exhibits Exhibit A - Applications Exhibit B - Hardship Documentation Form Exhibit C - Existing Survey Exhibit D - Proposed Survey Exhibit E - Proposed Floor Plan Exhibit F - Proposed Elevation Views Exhibit G - Proposed Roof Line Exhibit H - Proposed Driveway Configuration Exhibit I - Illustration Showing Buildable Area - •;■ « V V A04-3036 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 AreaAVidth RR-IA Lot Area 1 Lot Width Required 217,800 s.f (5.0 acres)300 ’ Actual 128.126 s.f (2.941 acres)118 ’ Setbacks RR-IA Front Rear Left Side (west) Right Side (east) Required 100 ’ 100 ’ 50 ’ 50’ Existing Proposed 142 ’ 983 ’ 38 ’ 14.4 ’ 117 ’ NO CHANGE NO CHANGE 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 body. Side Yard Setback Variance The applicant has proposed to construct an attached, 24 ’ x 24 ’, 2-stall 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. A04-3036 July 19. 2004 Pase3 of3 Applicant has provided a Hardship Documentation Form in Exhibit B, and should be asked for additional testimony regarding the application. Hardship Analysis III cciisiiUrlitg appllcarlotis for variance, the Planning Commission sUaU ronsiflrr thf 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 property In the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause undue 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 waiTant 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 -i’ 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 house. 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. Are 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. d&asasi —*■ EXHIBIT A City of Orono Variance Application Sfrss! Address 2750 Ke.Iey Parkway Orono, MN 55256 Main: C52 2<9 <^600 fax 952-249-4616 Mailing Address: P.O Box 68 Crystal Bay. MN 55323-C065 Aooi’calion H (0<-l ^3c>3C/:> Dale Received /,j, Amount Paid; (_^-cCv i T> Staff: Fee; SSto Renewal 5300 Aftsr-tha-fact; Si.200 Do-trie Fee This application form must be completed in full. Applicant will be notified within 15 days as to the status of me application. Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION:rr^wi-tcrM t iixrurxiviM IJ.UIN: fs n Site Address: Property Identification Nurriber (PIN): 3 i)^ ' {Attach legal description to application if not included on the survey.) Date Property Acquired (month/year): ________ □ Yes, I own the adjacent parcels. Present use of property: £3^Residential □ Other___ Zoning District: ___ ^ __________ Phone (work):' ______________ Address: h s> t~ t>A^vtS dfVO 6-^ AI 11- r Cm'j |~,crr7/<V___________ Fax: “P—^ ~ 6 j-o»D 1 r\Ca-pi>^ OWNER INFORMATION; (Complete legal names and marital status required for each interested parry) Name; R.T':^nl<<> (s)__________________ Phone (hone): Qb“5>- 1^7 3 --OO Si "y Address. 3~7i3_s u.* firO Email: Phone (work): 7 3 j j Fax; DESCRIPTION OF REQUEST: Estimated Project Cost: S Describe the request in detail (attach additional sheets if necessary); i Ji. q q j CL-V-^ .c-i^ C<T__}rU^ .9 L'a fa f rZT __Scrhf\-<-('\i only )V(bi-v* li'clrTM: h iJ t t, , . -. -----^----------------------------------o nl^ fi ' dt>rAc K t<J J f g-g I tP V—(Q. i' F-cP fK <? Lit- f4w n Art •ft X .^3Ai-\jTZrTA -^.1 a j _1. o'^ ~ —Caj\.. .^AArt^C^.. fa tvlIV-■ - /(O-r q rirm errh y^ jr ., 4;^!, QuiTh^ —Cl. ^ I_____________________ ^ C Oi O [ - t «V J ^ 2 n i REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for y application to be processed. a r 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 ootained 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 *s %■ ©■□ listed within this packet, including hardcover calculations. Also provide one copy 8.5 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 or 11 X 17 for reproduction. Sketches or plans of floor and elevation views (provide one copy 8 5 x 11 or 11 x 17 ). Additional items may be requested by City Staff depending on the scope of the project. * X 11 or X 11 APPLICANT ’S ACKNOWLEDGEMENT: The applicant hereby agrees to provide all information required or requested by the Planning Department, agrees to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application and certifies that the information supplied is true and correct to the best of his/her knowledge The applicant recognizes that he/she is solely responsible for submitting a complete application being aware that upon failure to do so, 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. Applicant’s Signature; __________________ Applicant’s Signature: ___________________________________ Date: Date; OWNER’S ACKNOWLEDGEMENT: The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents. Commission & Council Members for purposes of investigation and verification of this request. Owner’s Signature; Owner’s Signature; 17ive/^l/si Date. Date;—2. Applicant must have/^l/submittals into the City offices 25 days before the Planning Commissior 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 anr Council. If an applicant is unable to attend a scheduled meeting, please make arrangements t« have an authorized representative attend in place of the applicant and advise the City Planne assigned to your project. O "F »iftf 0 City of Orono Pre-Application Meeting Form (This form is to be completed by a City Planner during your pre-application meeting *) Street Address: 2750 Kelley Parkway Orono. MN 55356 Mailing Address: P.O. Box 66 For Office Use Only: City Planner. _____ Main; 952-249-4600 Fax: 952-249-4616 Crystal Bay. MN 55323-0066 Meeting Date/T;me: ____!d / ‘-i PC Date; Ji/LV r.^<X-hnr--_____ 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: ^'1 % S '• .» . -V Property Identification Number (PIN); ^ | | ^ 3 Zoning District; C y;.-1 f:,^ Size of Properly; I- jZO, r<no DESCRIPTION OF REQUEST: S'Dl) □ Averaae Setback jETSide Yard Setback u□ Average Setback ^Side Yard Setback O Rear Yard Setback □ Hardcover □ Lot Coverage □ Lot Area □ other; A)ii?''-^ / □ Front Yard Setback □ Lot Width , . .*t F ’ •#7** /; /U</. p hu «./-•^ ■€/ ■ I r) O \ i' ’ ~^v <. ) Applicant'Sf.,^.’^:, HARDSHIP: Applicant has received the Hardship Documentation Form. Initials; \S\ ^ understands it as it has been explained to them, and is aware that it must be completed and submitted in conjunction with their formal variance application. OTHER INFORMATION: ____________ ‘Pleas© note: Your variance application will NOT be accepted without a pre-application meeting during which this form will be. completed by City staff. Applicant Signature th^j^^wiii^^co^ QA Date r EXHIBIT B Page 1 of 3 HARDSHIP DOCUMENTATION FORM This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City Minnesota State Statue Section 394.27. Subdivision 7 requires that a hardship be cemonstrated 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 ^or an application to be hea'd by the Planning Commission and City Council a hardship having merit must be demonstrated. HOW DO I PROVE A HARDSHIP? This form has 12 points outlining the basis City staff uses to determine if a hardship exists and how the variance will affect the surrounding community. To prove a hardship, address all the relevant points listed below and answer them as ciearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of these hardship criteria as they relate to the request (some may not apply): 1. "The property in question cannot be pul to a reasonable use if used under conditions allowed by the official controls." Thp Prnpprty a rp«;iHpnrp , Thp hniisp ha«; «;Sng1p r a r g a r a C and with the existing zoning a double car garage anywhere on i lot requires a variation._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner." Thf> nwnpr HiH rmt hiiild fho FtvTgtipQ hnii^ta ____________________ 3."The variance, if granted, will not alter the essential charade' of the locality." The variance will only enhance the property. The design is -^9—linjrnvp ..the-..! coks of the front—c.f- tha-itcu-sa —a-c-d —i-acrease t ability tn store vphirles ir«;idp in<;tPaH nf r.iitcirlo "Economic considerations alone shall rot 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 not a econorr..i<..-ha.r4s-h-1-p.- - - - - - - - - - - - - - - - - - - - - - - C JXO I (T"'. r». 5. Page 2 of 3 "Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes. Section 116J.06. Subd. 2. when in harmony with this Chapter." Not AddIicabig____________________________ "The Board of Appeals and Adjustments or the Council m,ay 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 zomng. “ 7."The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." S."The special conditions applying to the structure or land in question are 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 zomng only alK..s 13'0 of building area. The zoning is causing cne- hsason for the varinee "The conditions do not apply generally to other land or structures In the district in which said land is located." ■ No, except for a few lots in the area,the rest of the city has less restrictive setback and the attached garage wouTd not be a varince in the rest of the zoned areas. ~ 11. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." ■ A riniible car car is necessary . Most cities do not even allow anything less than a double car garage to be built. "The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zomnq Code." Threr are not any health or safety issues. • n _ i* ■/ { u u ;■ bu .7' O P vj } Page 3 of3 “The granting of such variance wii! not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty." The alternative to the attached garage is a detached garage in the rear yard. The detachec wou^d also ■•equlre a vannce and ad( 3000 to 400C hardcover asphalt dnvevway to access fTTV? detaced. The siJe setback code is claerly a hardship on this property. Hardship Statement Should you fee! 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); ‘ »•’•J it* if i!% ' ‘ \ '•: JliMiiii&iliii I EXHIBIT C of 5urv«/ Ja«*S f. Brci^s in* Sw^ O' ihf SKI of Soci.on 22-!^8-23 p«nri»cjn CCrviPljr. Minnesstfi ^•1V N U n3 ?? I n«r*Dy Ctrti'y that im* it • lru€ a-'d corrirct represenietlon cf a su:-»ey o' tf'c tcund«i*iej of Thai pan cf tr*a Sojtrwast qua't«r cf th« Sculhwtsi ouacttr cf Stctioh 32. 7cv«nsh.p MB fionh. Ri-fje 23 vai'i of in* 5;h rnrcipal MerjCian descriaed as follows. Bppinnino a*, Soulhcast co<*n«r of said Soutnnast qua»'tep of i^e Soulh»i»si Qui'ter. lhance r.crih alcn^ tna Cast I mo of 5d»d Sc^vvr. eii o-arter &f me 5ou;nwasi quircer a Ots- larco of M97 83 faot lo me ce^'ierime of wate^'town Road (fo«’- nerly Ccu^ty PoaJ <3). mane* nc.*th».#itfrly alohy iai(j c*nt#»*- lih* of Matanot^n rJcid s diilinc* of iiB 3 f >#* . m<i.c» sno oarallal to ti>e East line of said Soumwfsi quarter cf t«'e Soumwesi quarter a d. stance of J242.93 feet more oi less to the Soum tine of said Section 32; tnence fast along m# Soum line cf saiJ Section 32. a distance of i09.i feet to me coin of £>eginning, ar.o me location of an e-Msimg nousi thereon. It Joes not curpert to sHCv any otr«r mpro^enenis or tneroach- rentf. 1 CCffIM S r.FON^CRG. l«C. Sarv. s. urchOira .’»in. Li \ 'Karv. s. vi>^C>i3*rg^5f. Licr ^3 ““ 12T5> Engineers, lane Surveyors. Planners tong take. Hiri'tscta Oit* : 5-IJ-E3 r • 130 0 : Iron i»«rt;<r i fff Sw. I'y 5«c.P*«/!• //# • J EXHIBIT D 1 C., CERTIFICATE OF SURVEY FOR JAMES F. BROOKS IN THE SW 1/4 OF S\^ 1/4 OF SEC. 32-118-23 HENNEPiN COUNTY, MINNESOTA SJV«.Y-.a J r, _ 6. a ^>tok i _____»s.. EXISTING HO<J5E CifT i»c •r !• »/•'«• •/* s* „ ^ ——- • HOTIRE DETAIL " 1- - 20* S C A L E a A ircAL c:scs'pT«c*^ 0^ ppCMistL ‘i > u il «oil olor^ Ssuin UfH o» to.4 Icelioft ^2. 0 <.»to^ct ot IC9 1 fifl to t^t pet«l of 6i9i»wi'''9 \ O ; Cer'Ottt t^O« mofVtr B<or ir^t •'« kcttd 0«lJ»i It coto AOl pwrpoM ICS.tO N 89*45* 16** w uc 1 I —(^)— wsr RKAP’64 0'GR0NBE8G k <lSSCa*TES, ISC CSSiTiC ODUn WfO K PU*OI 44t 0 f«4AOO on LO« u«. wm tO:-47J-4U1 **« ~ y- ,m jcvm •AO* 914 <irt* «nT»o •**•» '•irt «M» »4*4«t r i< * «••• •<* •Mf. M « UCUIOD 9mxv»»H, MXO «e v**« MlCMIgaOi W 9 M |l*n 9 IM4IOIA Km r*i ^T3 04-211 II* ICX' 'UTE •• .* ( PROPERTY or DURACILT ASSOCI Al ES r ati 0>X/m s ig m « s?< .-4 Z oai </l < U) »■<35 »-;“o3 - tr •5.•tc$ n «» n Cjj li T t i/| Uo tn o 5 ^ i So-5 QSi w Z Z S 52 SiTls H O4 ^>3,;jn X Q* ^ OS5?•» to r< 2 o 3 •»o r*siUo < »•< ^ <d 'T t K ♦r>« >r to MlflTNU A1 . 9 «ri I- SUM 11 rvA ru)N -1 Rf Ail f i l VAItON I - r*r folQOOOOOO nC.illiluC'iOlLjjfDiO POOtu.O.'njOO -----. I ' )| —“■ ‘ .'I ... ____n JUONl f FVATiON OPari Y OR)URABn.T ASSOCIATHS y. Rn '^o n o ^ y- >X ^ •^f^ ui •tr<« f ri Ui O < Ir: <o KJ . 1 in < O *»ou M •d»» ul *1 ri ^3 O UJ X U < Hh* < «/? ✓.a M< UJ .4 la e€g a U4 M Ti si>ii I Ml A2 KXf ! T G 1*^' exhibit I LINE parallel with EAST LINE OF SW 1/4 OF SW 1/4 OF SECTION 02-1 18-25 EAST line of SW 1/4 ......OF SW 1/4 OF SECTION 52-118-23 loo' ffofjf Y ap -p ‘Xl ’fM. ■< 5d‘ ypt setawKs BWlLpAfcLC i LEGAL DESCRtF That part of Sec U on 32, 1 Meridian desc said Southwei the Eost lint distance of County Rood * Watertown Ro* to the Eost distonue of 32; ihence e 109.’ feet t 4 RUN DATE 38 05II721II0009 h >aodr 38 address UNASSIGNEO nor NAME STAlfiOFMINN (PAYER DNR real ESTATE MGMT ME/ADDR ATW DEBBIE GURTIN 500 liVFAYETTE RD ST PAUL MN 55155 38 051172)220010 IPADDR 55 LANDMARK DR NERNAME DSPERKINS&PMPERKINS <PAVER DANIELS*PATRICE M PERKINS MC/AI)1)R 55UVNDMARKDR ORONOMN 55356 38 3211823330002 3PADDR 3785 WATLRTOWN RD »N0RNAME JAMES F brooks XPAYER f ME/ADDR 3785 WATERIOWN road ^ maple PLAIN MN 55)59 38 3211823340012 XPAYER NED L BUTrERTIELD A ME7AI )I)R LORNA L BUHERf lELD 374) WATERTOWN RD maple PLAIN MN 55)59 7 X r - HFNNEPIN COI INTY PRCI ’ERT trmai ion systemHENNLnn owNEl ST TE: I 38 0511721210021 PROP ADDR 50 landmark DR OWNER NAME R W TULLERTON/C K FULLERTON taxpayer ROBERT & CAROLINE FULLERTON NAMC/ADDR 50UNDMARKDR LONG LAKE MN 55)56 PROP ADDR OWNER NAME TAXPAYLR NAME/ADDR 38 051172)220001 38 address UNASSIGNID STATE or MINN ONR REAL ESTATE MOMT ATTN DEBBIE CURTIN sooMrAYErrtRD ST PAUL MN 55155 38 321182)110005 PROP ADDR 3760 WATf RlOWNRO OWNER NAME JOHN RAIZLOFF ET AL TAyPAYtR JOHN RATZLOFF NAME/ADDR ROCHELLE DANILI^ RATZLOFF 3760 WATF.RTOW'N RD maple plain MN 55)59 38 )2II8?))2000S prop ADDR 3850 WATERTOWN RD OWNER name S mac a HARRIS taxpayer STLVEN M HARRIS NAME/ADOR 3850 WATERTOWN BI) MAPI E PI-AIN MN 55)59 38 3211823)1000) CROP ADDR 38 ADDRFSS UNASSIGNED OWNER NAMF. STATE OF MINN taxpayer ONR real ESTATE MGMT NAML/ADDR ATTT^ DEBBIE CURTIN SCOLAlAYEnERD SVPAULMN 55155 18 )2I182)3)0004 PROP ADDR 3855 WATERTOWN RD OWNER NAME STEVEN M HARRIS TAXPAYER STEVEN M HARRIS NAME/ADDR 8)00 H.VINO CLOUD DR LULN prairie MN $5)44 18 321182)34001) PROP ADDR 376$ WATERTOWN RD OWNLRNAME 1. LCOOK* L M COOK TAXPAYLR LARRY L & IINDA M COOK NAME/ADDR 3765 WATLRTOW RD maple PUINMN 55)59 w OT SSton « itTpSk ws*date on tic urcoiiDS aZwTAXPAVTK saviciis DEPARTMEKC.TO-nc;CITr y OF MY KNOWLEDGF. AND BEULF.___ - f. /U^ / / 7 NDATE u f] • / // • »•# (& % * %rJ »■? }■/'ffl fii M X X 00 H I.*EXHIBIT K Hennepin County Taxpayer Services Department #3c;;0: Psrcel Information Parcel ID 3211823330002 House Number 3785 Street Name WATERTOWN RD This is not a lagally racordad map. It raprasants a compilation of infonr.aticn I a.nd data from City. County, and Stata road authorities and othar sources. EXHIBIT C t DATE: July 23,2004 ITEM NO: ^ REQUEST FOR COUNCIL ACTION mcctING JUL 2 6 2004 CITY OF ORONO Department Approval: Name Ronald J. Moorse Title City Administrator Administratof* Reviewed:Agenda Section: Zoning Administrator's Report Item Description: National Night Out-Reso1ution The annual National Night Out event is scheduled for August 3 this year. Attached is a resolution proclaiming August 3, 2004 as “National Night Out” in Orono COUNCIL ACTION REQUESTED Motion to adopt the attached resolution proclaiming August 3,2004 as “National Night Out” in Orono. \ A RESOLUTION PROCLAIMING NATIONAL NIGHT OUT 2004 WHEREAS, the National Association of Town Watch (NATW) is sponsoring a unique nationwide crime, drug and violence prevention program on August 3, 2004 called "National Night Out"; and WHEREAS, the "21st Annual National Night Out" provides a unique opportunity for the City of Orono to join forces with thousands of other communities across the country in promoting cooperative, police-community crime prevention efforts; and WHEREAS, the North Tonka Crime Prevention Coalition plays a vital role in assisting the Orono Police Department through joint crime, drug and violence prevention efforts in the City of Orono, and is supporting "National Night Out 2004" locally; and WHEREAS, it is essential that all citizens of Orono be aware of the importance of crime prevention programs and the impact that their participation can have on reducing crime, drugs and violence in Orono; and WHEREAS, police-community partnerships, neighborhood safety, awareness and cooperation are important themes of the "National Night Out" program. NOW, THEREFORE, BE IT RESOLVED that the Orono City Council does hereby call upon all citizens of Orono to join the North Tonka Crime Prevention Coalition and the National Association of Town Watch in supporting the "21st Annual National Night Out" on August 3,2004. FURTHER, LET IT BE RESOLVED THAT, the Orono City Council docs hereby proclaim Tuesday. August 3. 2004 as "NATIONAL NIGHT OUT" in the City of Orono, Minnesota Adopted at a regular City Council meeting held July 26, 2004. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor • t V 4 JUL 6 2004 REQUEST FOR COUNCIL ACTION CITYOFORONO DATE: July 26, 2004 ITEM NO.: / t> Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed: Agenda Section: Public Services Director's Reportm Item Description: Big Island Access Lane MCWD Wetland Buffer Cooperative Agreement The Council recently adopted a resolution approving Zoning Application File #04-2997 granting a Variance and Conditional Use Permit for the construction of a 10’ wide gravel access lane on a 90 ’ wide platted Right of Way on Big Island. The Minnehaha Creek Watershed District has approved a permit for the construction of this Big Island access lane contingent upon the City of Orono approving a Cooperative Agreement with the MCWD for wetland buffer protection. This agreement requires the City to maintain the buffer area in an unmowed natural state. The buffer location is shown on Attachment A. This Right of Way area has historically remained in a natural unmowed state, and the City has no plans to further develop or increase the maintenance of the vegetation on this site. The staff recommendation is for Council approval of the Cooperative Agreement between the City of Orono and Minnehaha Creek Watershed District for tlie Big Island Access wetland buffer protection. COUNCIL ACTION REQUESTED: Motion to approve the Cooperative Agreement between the City of Orono and Minnehaha Creek Watershed District for the Big Island access wetland buffer protection. 1 , ! 'T ♦ COOPERATIVE AGREEMENT Between the Minnehaha Creek Watershed District And the City of Orono For Wetland Buffer Protection Tliis Cooperative Agreement is made this day of 2004 by and between the Minnehaha Creek Watershed District, a watershed district with purposes and powers as set forth at Minnesota Statutes Chapters 103B and 103D (‘ MCWD”). and the City of Orono. a body corporate and politic and a statutory city in the State of Minnesota. Recitals and Statement of Purpose WHEREAS pursuant to authority of Minnesota Statutes §103D.345, the MCWD implements a permitting program under which wetland management requirements apply to land development activities presently referenced as Rule D; and WHEREAS the City of Orono is the owner of platted public road right of way in the Morse Island Park Addition named “STREET” located between lots 38 and 39 Morse Island Park Addition, hereinafter referred to as “the Property”; and WHEREAS the Property constitutes the entirety of the land to which Minnehaha Creek Watershed District Permit U 04-123 applies; and WHERE.AS the City of Orono desires to subject the Property to wetland buffers imposed by the Minnehaha Creek Watershed District as a condition to issuance of their Permit # 04-123 for the mutual benefit of the owners of the Property; and WHEREAS in order to comply with applicable MCWD requirements, a landowner dedicating wetland buffers is required to execute an agreement assuming responsibility to protect those buffers in perpetuity; and WHEREAS the parties concur that the City of Orono has the resources and organizational structure necessary to protect these w'etland buffers in peipetuity. NOW, THEREFORE tiic City of Orono and the MCWD execute this Cooperative Agreement, agreeing that the terms hereof shall be binding and enforceable as any valid contract 1 . The wetland buffer, measuring varying feet in width at all points surrounding the wetlands as delineated on the site plan for the Property attached hereto and incorporated herein as Attachment A, shall be maintained by the City of Orono in perpetuity free from mowing or other vegetative disturbance, fertilizer application, yard or other waste disposal, tire placement of structures or any other alteration that impedes the function of the buffer in protecting the quality of water in the wetland or buffering flows into the wetland. Page 1 of 3 2. This Agreement may be modified only by an amendment signed by tlie parties. 3. If the City of Orono conveys into private owrnership a fee interest in the Property or any ->art thereof, it shall require as a condition of sale, and enforce: (a) that the purchaser record a declaration on the property incorporating the buffer protection requirements of this Agreement; and (b) that recordation occur either before any encumbrance is recorded on the property or, if after, only as accompanied by a subordination and consent executed by the encumbrance holder ensuring that the buffer protection requirements will run with the land in peipetuity. If the City conveys into public ownership a fee interest in any property that has become subject to this Agreement, it shall require as a condition of the purchase and sale agreement that the purchaser accept an assigmnent of all rights and obligations of the City under tlris Agreement. 4. This Agreement shall be effective on the date of execution by the parties and shall Remain in effect for a term of five years, after which it will renew automatically for subsequent five year terras until modified or rescinded by written agreement of the parties. IN WITNESS WHEREOF, the parlies hereto have executed this Cooperative Agreement. CITY OF ORONO MINNEHAHA CREEK WATERSHED DISTRICT Barbara A Peterson, Mayor. , By President, Board of Managers Linda S. Vee, Clerk APPROVED AS TO FORM AND EXECUTION Its .Attorney Page 2 of 3 i \ I Bonestroo j^ftosene Anderlik& |\H Associates Ertginerri & A/»^.ecti Owner: City of Orono. P.O. Box 66. Orono. MN 55323-0C66 Date:June 22. 2004 For Penod 12/3/2003 to 6/22/2004 Request No:2 AND FINAL Contractor:Schmidt Curb Co.. Inc . 13195 NE 95th Street . Elk River. MN 55330 CONTRACTOK-S REQUEST FOR PAYMENT COUNTY ROAD 19 SIDEWALK IMPROVEMENTS BRA FILE NO. 139-02-116 SUMMARY 1 2 3 4 5 6 7 8 9 10 11 12 Original Contract Amount Change Order - Addition Change Order - Deduction Revised Contract Amount Value Completed to Date Material on Hand Amount Earned Less Retainage 0% Subtotal Less Amount Paid Previously Liquidated damages - AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 40.552 ': S $ 0 00 000 s $ s s 40,552.50 37 423 25 000 37.423 25 2 AND FINAL 0 00 37.423 25 30 641 78 000 6781 47 Recommended for Approval by: BONESTROO, ROSENE, ANDERLIK & ASSOCIATES. INC. Approved by Convactor. SCHMIDT CURB CO INC Approved by Owner: CITY OF ORONO Specified Contract Completion Date: October 31,2003 Date: No. 1 2 3 4 5 6 7 6 9 10 11 12 13 14 Item BASE BIO: REMOVE BITUMINOUS SURFACING SAWING BITUMINOUS PAVEMENT (FULL DEPTH) COMMON EXCAVATION (P) AGGREGATE BASE. CLASS 5. 100% CRUSHED BITUMINOUS EASE COURSE. PATCHING. TYPE 31 BITUMINOUS WEAR COURSE. PATCHING. TYPE 41 MODULAR BLOCK RETAINING WALL 5* CONCRETE WALK CONCRETE CURB AND GUTTER. DESIGN B61B 6' CONCRETE DRIVEWAY PAVEMENT PEDESTRIAN CURB RAMP TRAFFIC CONTROL SILT FENCE. HEAVY DUTY SODDING. LAWN TYPE Total BASE BID; BASE BID: • BIO Amount Total • $40,552.50 Contract Unit Current Quantity Amount Unit Quantity Price Quantity to Date to Date SY 190 11.00 152 $1,672.00 LF 340 3.75 276 $1,035.00 CY 99 25.00 99 $2,475.00 TN 115 30.00 80 $2,400.00 TN 18 12500 12 5 SI.562.50 TN 12 125.00 12.5 $1,562.50 SF 45 3500 70 70 S2.4SO.00 SF 2350 5.00 2350 S1 1.750 00 LF 335 17.50 347 $6.072 50 SY 10 4500 5 $225.00 EA 2 250 00 2 $500 00 LS 1 3000.00 1 S3.000 00 LF 200 3.75 $0 00 SY 500 725 375 375 $2 718 75 $37,423 25 Total BASE BID:$37,423.25 Total Work Completed To Date $37.423 25 I -If ."I » Pt PROJECT PAYMENT STATUS OWNER CITY OF ORONO BRA FILE NO. 139-02-116 CONTRACTOR SCHMIDT CURB CO INC CHANGE ORDERS Total Change Orders PAYMENT SUMMARY No.From To Payment Retainage Completed 1 08/14/2003 12/02/03 30.64V78 1,612 73 32.254.51 2 AND FINAL 12/03/2003 06/22/04 6,701.47 37,423.25 Material on Hand Total Payment to Date $37,423.25 Original Contract $40,552.50 Retainage Pay No. 2 AND FINAL Change Orders Total Amount Earned $37,423.25 Revised Contract $40,552 50 mtm REQUEST FOR COUNCIL ACTION CO* **^*'^** • *c^tinG JUL 2 6 2004 CHYOFORONO DATE: 7/26/04 ITEM NO: Exhibits: West Metro Drug Task Force Agreement DISCUSSION: Local law enforcement agencies have obtained evidence that trafficking in narcotics and dangerous drugs exists in the western suburban communities of Hennepin County. The municipalities covered by the West Hennepin Department of Public Safety, the Hennepin County Sheriff ’s Office, and the Police Departments of Orono, Mound, and Medina arc aware that such illegal activity has a substantial and detrimental affect on public safety as well as the health and general welfare of the citizens of these communities. It has been determined by Orono. Spring Park, Long Lake. Minnetonka Beach and the Orono School District that an effective approach to combat this problem is the formation of a task force designed to vigorously enforce law s pertaining to illegal drug sale and abuse. The West Metro Drug Task Force, consisting of the above law enforcement agencies, will disrupt the illicit drug trafficking by immobilizing targeted violators and trafficking organizations. This will include conducting undercover operations where appropriate and engage in other investigative techniques that will result in effective prosecution of the offenders before Federal and State of Minnesota Courts. Each Task Force member will contribute $10,000 to fund incidental and support expenses incurred by the Unit. The Hennepin County Sheriffs Office will administrate the Task Force’s Funds. To accomplish the objectives, each Task Force member is assigning at least one officer to the enforcement activities. (Hennepin County will be assigning two deputies). A full time Orono Police Officer will be assigned to the Task Force, and his patrol duties will be backfilled by a part time Orono Police Officer. Each jurisdiction will contribute equipment for tneir officer, including a vehicle, radio, phone, computer, fuel. etc. The Orono Police Department will use existing forfeiture funds to purchase equipment for their officer. The Hennepin County Shenffs Office will provide S20,(XX) in electronic and other necessary equipment. Each jurisdiction will assist in clerical duties. The League of Minnesota Cities is recommending that the Task Force maintain liability insurance coverage for the activities of the Task Force. The cost of insurance is to be shared by the Cities of Medina, Mound, Orono, and the West Hennepin Department of Public Safety. The cost of insurance is $1,200, through Arthur J. Gallagher & Co. of Minnesota, Inc. The term of the agreement is for one year, commencing July 15,2004 and terminating July 14, 2005. The agreement will be automatically extended for successive one-year terms upon the same terms, conditions and covenants, unless the Task Force is dissolved prior to expiration of the initial or successive term. The attached Agreement has been approved by the Task Force Members and is being presented to each Governmental Unit for final approval. COUNCIL ACTION REQUESTED; Motion to approve multi-agency task force agreement. Motion to provide $10,000 to fund start-up costs to Hen.''.^ County for exclusive use of this task force, and budget adjustment, from the forfeiture fund. Motion to accept donation of $20,000 electronic equipment from Hennepin County to the Task Force. Motion to approve insurance purchase at $300, and budget adjustment from the forfeiture fund. r West Metro Drug Task Force Agreement The parlies to this Agreement are units of government responsible for the enforcement of controlled substance laws in their respective jurisdictions. This Agreement is made pursuant to the authority conferred upon the parties by Minnesota Statutes, § 471.59. The undersigned governmental units, in the joint and mutual exercise of their powers, agree as follows: 1. Name. The parties hereby establish the West Metro Drug Task Force. (WMDTF). 2. General Purpose. The purpose of this Agreement is to define the rights and obligations of the Governmental Units with respect to the duties and activities petformcd by the Task Force throughout the term of the Agreement. 3. Members. The initial members of this Agreement are the following Governmental Units, hereafter known as the Task Force. Hennepin County Sheriffs Office Medina Police Department Mound Police Department Orono Police Department West Hennepin Department of Public Safety 3.1 The Governmental Units shall cooperate and use their best efforts to ensure that the various provisions of the Agreement are fulfilled. The members agree in good faith to undeitake resolution of disputes, if any, in an equitable and timely manner and in accordance with the provisions of this Agreement. 4. Term. 4.1 The term of this Agreement shall be for one year, commencing July 15, 2004 and terminating July 14,2005, unless terminated earlier pursuant to section 12.3 of this Agreement. This Agreement shall be reviewed yearly by the Board of Directors. In the absence of mutually agreed upon revisions^ it shall automatically be extended for successive one-year terms j 1 upon the same terms, conditions, and covenants, unless the Task Force is dissolved prior to expiration of the initial or successive term. 4.2 Upon termination of this Agreement, all property owned jointly by the Task Force members shall be sold or distributed to the members of the Task Force at the time of dissolution in proportion to the "full-time equivalent ” contributions of each member of this Agreement as approved by the Board as of the date of dissolution. Personal property shall return to the agency/owner. S. Administrative Board. 5.1. The governing board of the Task Force shall be a Board of Directors consisting of the Chief Law Enforcement Officer (CLEO), or designee representing each participating unit of government. The chief law enforcement officer or designee of each agency shall be hereinafter referred to as a director. All directors shall serve at the pleasure of their appointing authority. 5.2. Directors shall not be deemed employees of the Task Force and shall not be compensated by it. 5.3 The Board is the ultimate authority. It will delegate the daily operation and responsibility of carrying out the purpose of the Task Force to the Task Force Supervisor. 5.4 The Board shall meet as needed to evaluate the progress of the Task Force. A meeting may be called by any Director, or the Task Force Supervisor. 5.5 The Board may approve contracts, including agreements for the rental of real property, incur expenses and make expenditures necessary and incidental to the effectuation of its purposes a»'d consistent with its powers. 5.6. The Board may recommend changes in this Agreement to its members. 5.7. The Board may receive real or personal property by grant, devise, or bequest for the use of the Task Force. 6. Powers and Duties of the Task Force 6.1 To accomplish the objectives herein, all Task Force members shall assign at least one peace officer licensed pursuant to Minnesota Statutes § 626.84, subd.l, to the Task Force who must have a minimum of one year prior experience in law enforcement. 6.2 Each officer/deputy must be assigned to the Task Force on a full-time basis for at least one year unless he/she is reassigned by the head of the officei/deputy ’s agency upon the recommendation of the Task Force Supervisor. 6.3 The Task Force Supervisor will direct investigative activities based on intelligence provided by the Task Force members with priority given to case investigations that directly impact the jurisdictions represented by the member agencies. 6.4 While assigned to the Task Force, all personnel shall be under the direct sup^ vision and control of one Hennepin County Sheriffs Office detective supervisor or his/her designee, who shall be responsible for the following duties: which shall include, but not be limited to: a. scheduling assigned personnel; b. providing input on employee evaluations, if requested; and, c. allocating o\ ertime work, if necessary. 6.5. The Task Force Supervisor may cooperate with other federal, state, and local law enforcement agencies to accomplish the purpose for which the Task Force is organized. 6.6. The Hennepin County Sheriffs Office shall cause to be made an annual audit of the books and accounts of the Task Force and shall make and file a report to its members which includes the following information: (a) The financial condition of the Task Force; (b) The status of all Task Force projects; (c) The business transacted by the Task Force; and Financial Activity Report System (FARS) Report (d) Quarterly financial report; (c) Other matters which affect the interests of the Task Force. 6.7. The Task Force’s books, reports, and records shall be open to inspection by its members at all reasonable times. 6.8. The Task Force members may not incur obligations or approve contracts that extend beyond the calendar year in which the contract is made or which will require the expenditure of funds in excess of funds available. 6.10. Nothing herein is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties hereto or as constituting one of the participating Government Units as the agent, representative or employee of another Task Force member for any purpose or in any manner whatsoever. Personnel assigned to the Task Force by one of the participating Governmental Units shall not be considered temporary or permanent employees of any other participating Government Unit or the Task Force for any purpose whatsoever or be entitled to tenure rights or any rights or benefits by way of workers compensation, re-employment insurance. I medical and hospital care, sick and vacation leave, severance pay, PERA or any other right or benefit of another participating Government Unit. 6.11 Participating Government Units acknowledge that it is their sole responsibility to provide all salary compensation and fringe benefits to employees. Benefits may include, but are not limited to, health care, disability insurance, life insurance, re-employment insurance. PICA, Medicare, and PERA. 7. Indemniflcation and Insurance 7.1 a. The Task Force will maintain liability insurance coverage for the activities of the Task Force. The Task Force agrees to defend and indemnify the Cities of Medina, Mound and Orono; West Hennepin Department of Public Safety; and Hennepin County for any liability claims arising from the Task Force’s activities. b. All insurance policies and certificates shall be open to inspection by each Governmental Unit and copies of the policies or certificates shall be submitted to a Governmental Unit upon written request. 8. Finances 8.1 The Hennepin County Sheriffs Office, through its Accounting Division, shall serve as sole administrator of all funds contributed by Task Force member agencies and in such capacity is authorized to receive all funds for deposit and make disbursements therefrom in accordance with standard Hennepin County practice and procedure. In conjunction therewith, the Hennepin County Sheriffs Office Accounting Division shall maintain current and accurate records of all obligations and expenditures of Task Force funds pursuant to generally accepted accounting principles. It shall also produce a quarterly financial report which shall be disseminated to the Task Force Supervisor and all member agency heads. Such reports and related records shall be maintained by the Hennepin County Sheriffs Office Accounting Division for a period of three (3) years after termination of the Task Force. 8.2 The Board shall approve an annual operating budget for the Task Force. The Board may amend the budget as necessary. 8.3 The Task Force’s funds may be expended by the Board in accordance with thi^ Agreement in a manner determined by the Board. In no event shall there be an expenditure of Task F Force funds from the Hennepin County Sheriff s Office depository except per the approved budget. 8.4 The Board may not incur debts. 8.5 The Board shall receive a quarterly statistical report and a financial report on all activities conducted by the Task Force. 8.6 Task Force operations will be financed from grant funds, drug forfeitures, and any funds voluntarily contributed by any member. Members will provide agents for the Task Force but will not otherwise be required to provide funds without the prior amendment of this Agreement approved by all members. 9. Agent. 9.1. Each member shall assign experienced, licensed peace officers/deputies (agents) to serve on the Task Force. Assignments for the year 2004 are as follows: Hennepin County Sheriffs Office Medina Police Department Mound Police Department Orono Police Department (2FTE) - 1 Supervisor (1 FTE) (1 FTE) (IFTE) West Hennepin Department of Public Safety (IFTE) For each subsequent year, each member will advise the Board, prior to October first, of the number of employees which that member will provide in the subsequent calendar year. 9.3 All personnel assigned to the Task Force shall comply with rules of conduct prescribed by the Task Force supervisor developed in consultation with the head of Task Force member agencies and in recognition of the rules of their respective agencies. The Task Force Supervisor, or his/her designee, shall refer disciplinary matters involving assigned personnel to the respective agency for investigation and disposition unless, based on the judgment of the Task Force Supervisor, or his/her designee, a particular matter represents prima facie grounds for the issuance of a criminal complaint, in which case the matter shall be referred directly to an external law enforcement agency for investigation provided the appropriate Task Force agency head(s) is(are) notified in advance thereof. i 9.4. Agents will be responsible for drug investigation, including intelligence management, case development, and case charging. Agents may also assist other agents in surveillance and undercover operations. Task Force agents will work cooperatively with assisting agencies. Assigned officers acting under this Agreement in the jurisdiction of another party to this Agreement are acting in the line of duty and in the course of employment and are authorized to exercise the powers of a peace officer therein. 9.5. The Governmental Unit appointing the agent shall furnish the agent a weapon, vehicle, phone, computer, and pay any lease payments, insurance, maintenance, fuel, and operating costs of the vehicle and/or other equipment. Clerical assistance will be furnished by member agencies and/or through the annual budget. 10. Forfeiture, Seizures and Fines. Pursuant to Minnesota Statutes § 609.53 1, the Task Force members are entitled to money or proceeds from the sale of forfeited property after payment of seizure, storage, forfeiture and sale expenses and satisfaction of valid liens against forfeited property. It is agreed by Task Force members that forfeiture monies and proceeds shall be distributed equally after deduction of all costs and expenses herein stated. The receipt and disbursement of forfeiture sale proceeds shall be referenced in the Hennepin County Sheriffs Office Accounting Division’s quarterly financial report disseminated to the Task Force supervisor and member agencies in accordance with section 6.6. 11. Headquarters. The Task Force is physically located in separate offices at a location agreed upon by the Board, which is provided at no cost to the Task Force. All utilities, including electricity, heat, air conditioning, and the like shall also be furnished to the Task Force without cost. 12. Additional Members and Change in Membership 12.1. Any City sharing a common boundary with any Governmental Unit listed in paragraph 3 may join the Task Force and become a member upon approval and execution of a copy of this Agreement by such department and approval by a majority of the Directors. 12.2. In any case in which a City identified in section 3 joins the Task Force after the effective date of this Agreement or any other City joins the Task Force pursuant to section 12.1, contributions by and reimbursement to such members shall be equitably determined and adjusted by the Board to m I reflect the participation by that member for less than one full year. The decision of the Board shall be final. 12.3. Each Governmental Unit, upon ninety (90) days’ written notice to all member agencies, may withdraw and cancel its participation in this Agreement. The members by mutual written consent may abolish this Agreement at any time. 13. 13.1 State and Local Assistance for Narcotics Control Program. A member agency, acting on behalf of the West Metro Drug Task Force and its members, may apply for Federal, state, or local narcotics enforcement grants. The member agency shall be the “authorized official”, as defined in the general policies and procedures for the program. 14. Media 14.1 Media coverage of Task Force activities, including the dissemination of all press releases must reference each Task Force member agency, and shall be coordinated through the HCSO Public Information Officer or designee. 15. Evidence 15.1 Except for seized motor vehicles, all cvidcncc/property seized by licensed Task Force personnel, while acting within the scope of this Agreement, shall be inventoried and stored temporarily at a secure, designated area within the designated law enforcement center that is under the exclusive control of active agents/officers/deputies of the Task Force. Such inventoried evidence/property shall be subject to subsequent transfer to the HCSO Crime Lab Property Room for safekeeping pending lawful release or to another facility at the discretion of the Task Force Supervisor. Seized motor vehicles shall be stored in an impound area designated by the Hennepin County Sheriff until lawfully released. IN WITNESS WHEREOF, the undersigned Governmental Units, by action of their governing bodies, have caused this Agreement to be executed in accordance with the authority of Minnesota Statutes §471.59. West Metro D rug Task Force Agreement Hennepin County Board Approval Task Force members, having signed this Agreement, 2004 and the Hennepin County Board of Commissioners having duly approved this Agreement on the_____^day of ______________, 2004 and pursuant to such approval, the proper County officials having signed this Agreement, the parties hereto agree to be bound by the provisions herein set forth. County of Hennepin Approved as to form; Assistant County Attorney Date Approved as to execution: Assistant County Attorney Date .*♦ State of Minnesota Chair of its County Board And: Assistant/Deputy/County Administrator And: Henntpin County Sheriff Attest; Deputy/Clerk of County Board 8 i West Metro D rug Task Force Agreement C ity OF Medina The Medina City Council duly approved this Agreement on the ________,2004. City of Medina Approved as to form and legality: Medina City Attorney By: Its Mayor And: Its City Administrator day of i II r^T West Metro D rug Task Force Agreement City of Maple Plain The Maple Plain City Council duly approved this Agreement on the _____________,2004. City of Maple Plain day of Approved as to form and legality: Maple Plain City Attorney By: Its Mayor » ^ I West Metro Drug Task Force agreement C ity of Orono The Orono City Council duly approved this Agreement on the _____________, 2004. City of Orono day of Approved as to form and legality: Orono City Attorney W'a. I' ii’' By: Its Mayor And: Its City Administrator ‘ js r L REQUEST FOR COUNCIL ACTION not IM^ii »*CCTIMQ JUL ‘i 6 2004 CITY OF ORONO DATE: July 22,2004 ITEM NO: / ^ Department Approval: Nime Lin Vee Administrator Reviewed:Agenda Section: Licenses i • CITY OF ORONO *Check Detail Register®JUL 2 6 2004 07/23/04 8.32 AM Page l © JULY 2004 CITY OF ORONO Check Amt Invoice Comment 10100 Primary Cash ^ .................................. Paid Chk#‘b786‘25 ‘ 6)28^004* ** AMEM E 101-42110^33 Memberships & Subscriptions Total AMEM ($100 00) 2004arr^em ($100 00) void‘ChecK#78625 S- ^ ^Piid Chk# 078799 TRAVEL MANAGEMENT DIVISION E 231.45650-550 Automotive Equipment $6,000 00 7/13/04 Total TRAVEL MANAGEMENT DIVISION Undercover Vehicle $6,000.00 Paid Chk« b78806'''' ‘7/14/2004' UNITED STATES POSTAL SERVICE " E 602.49450-322 Postage $198 38 2ndqtrws E 651-49910-322 Postage E 601-49400-322 Postage ToUl UNITED STATES POSTAL SERVICE $198.37 2ndqtrws $79 35 2ndqtr ws $476 10 2nd Qtr -w/s bills 2nd Qtr -w/s bins 2rd Qtr -w/s bills '7/26/2004PaldChk* 078811 G 101-19999 Suspense Account ToUl A1A CONTAINERS ft CLEANUPS AlACONtAINERSftCL^NUPS................... $1.51800 12128 Cleanup per city code/4175 H»g Sl.SIdOO Pflid Chk# 078812 >/26/2004 ACCLAIM BENEFITS E 101-41900-489 Other Miscellaneous Charges E 101-41900-489 Other Miscellaneous Charges ToUl ACCLAIM BENEFITS 578 00 343579 $100.00 343580 cobra f/Jun04 fix spding adm fee $170.00 Paid Chki 078813 ~ "7/26/2004'' ADVANCE DAMAGING SOLUTIONS E 101-41900-413 Office Equipment Rental ($774.35) 23223829 E 101-41900-413 Office Equipment Rental $1,660 65 24576621 Tout ADVANCED IMAGING SOLUTIONS $886.30 void/copier lease 6/15-7/15/04 copier lease 7/15*8/15/04 Paid Chki 070014 * ' 7/26/2664' AUGIES MOB'iLE CHEF E 613*49900-093 Concessions For Resale-Txbl Tout AUGIES MOBILE CHEF $71 46 4558 hamb.hotdogs $71 46 Va!d'Chki"078815 ‘"7/26/ " b ANYON DATA SYSTEMS E 101-41900-401 Repairs/Maint-Office Equip E 602-49450-401 Repairs/Mamt-Office Equip E 601-49400-401 Repairs/Maint-Office Equip E 651*49910*401 Repairs/Mamt-Office Equip $2,076.16 11661 $277 50 11661 $92 50 11661 $370 00 11661 software support software support software support software support ToUl BANYON DATA SYSTEMS $2,816.16 Paid Chk# 078816 ....7/26/2004' BATTERIES PLUS E 613*49830-221 Equipment Parts & Accessories ToUl BATTERIES PLUS $15 96 21-45814 12V battery $15.96 PjdChk«'*6788l7 7/26/2004 BFI OF MINNESOTA. INC E 101-45200-404 Repairs/Maint-Bldgs/Grounds E 101-45200-404 Repairs/Maint-Bldgs/Grounds E 101-41900-404 Repairs/Maint-Bldgs/Grounds E 613-49830-404 Repairs/Maint-Bldgs/Grounds E 101-42260-404 Repairs/Maint-Bldgs/Grounds ToUl BFI OF MINNESOTA, INC $83 01 $6933 $262 16 $76.16 $5618 1307115-0406 1307214-1406 1307420-0406 1307461-0406 1347632 solid waste solid waste solid waste solid waste solid waste $546.84 ‘^aid'6hy078818 7/26Q004 BIFFS INC. E 101-45200-415 Other Equipment Rentals E 101-45200-415 Other Equipment Rentals E101-45200415 OttMf Equ^KTiem Rentals $62.41 W223495 $124.82 W223496 $124 82 W223497 toilet rental toilet rental toilet rental iN ^M ' • ' -lO V I' CITY OF ORONO '^Check Detail Register® 07/23/04 8 32 AM Page 2 JULY 2004 Check Amt Invoice Comment E 613-49830-415 Other Equipment Rentals $62 41 W223498 toilet rental E 101-45200-415 Other Equipment Rentals $6241 W223499 toilet rental E 101-45200-415 Othar Equipment Rentals $220.91 W223500 toilet rental E 101-45200-415 Other Equipment Rentals $62.41 W226732 toilet rental E 101-45200-415 Other Equipment Rentals $124.82 W226733 tOilet rental E 101-45200-415 Other Equipment Rentals $12482 W226734 toilet rental E 613-49830-415 Other Equipment Rentals $6241 W226735 toilet rental E 101-45200-415 Other Equipment Rentals $6241 W226736 toilet rental E 101-45200-415 Other Equipment Rentals $258.91 W226737 toilet rental Paid Chk# 078819 7/26/2004 Total BIFFS INC. BUDGET PWNflNO $1.353 56 E 101-42110-322 Postage E 101-42110-322 Postage ToUl BUDGET PRINTING $8.10 061804 $952 149 film/shipping ups $1762 Paid Chk« 078820 7/26/2004 CECE'S SIGNS E 101-43000-224 Street Maint. Materiats/Suppty Total CECE S SIGNS $38.34 1794 street signs $38 34 Paid Chk« 078821 7/26?2004 CITY VIEW ELECTRIC E 425-48945-520 Buildings and Structures Total CITY VIEW ELECTRIC $297 00 12554 FD/mstall receptacles $297 00 Paid Chk# 078822 7/26/2004 COLLISION CORNER E 101-42110-402 Repairs/Maint-Auto Equip ToUl COLLISION CORNER $1,000.00 6062-1 Repaint #185 $1,000 00 7/26/2004 COMMISSIONER OF TRANSPORTATION * .......... E 234-45680-412 Building Rentals $1.200 00 T79213L27725 3580 WayzaU Blvd/Aug2004 Paid Chk# 07882*3 « • <• •% « « • $272 88 Tout COMMISSIONER OF TRANSPORTATION $1.200 00 Paid Chk# 078824 *■ ^ 7/26/2004 ‘ CONNELLY INDUSTRIAL eIeC. E 602-49450-406 Repairs/Maint-Swr Imes/lifts Tout CONNELLY INDUSTRIAL ELEC. Paid Chk# 078825' 7/26/2004 'c OR ’NICK JAMES E 101 -42110-226 Clothing & personal equipment E 101-42110-240 Small Tools and Minor Equip Total CORNICK. JAMES $272 88 7923 lit station# 1 repairs $300 00 070704 $493 10 072004 un-form expenditures 1st half2 digital camera/upgrade $793 10 Paid Chk# 078826" 7/26/2004 CURTIS. MELANIE E 101-42400-331 Travel Expenses $143 77 07152004 MILEAGE & PARKlNCmEIMB Paid Chk# 078827 ToUl CURTIS. MELANIE 7/26/2004 DCA - WIRE ONLY $14377 O 101-21719 DCA/Spending Accounts Tout DCA-WIRE ONLY $568 91 072004 flex spending 7/20/04 $56891 Paid Chk# 078828 7/26/2004 DE BAERE, DON E 101-43000-441 Licenses & Taxes ToUl DE BAERE, DON Paid Chk# 078829“ $19.00 071704 CDL Hcense $19.00 7/26/2004 DEPUTY REGISTRAR E 231-45650-550 Automotive Equipment Total DEPUTY REGISTRAR $418 50 71304 register/2001 dodge van $418.50 j CITY OF ORONO 07/23/04 S:32 AM Page 3 Check Detail Register® JULY 2004 Check Amt Invoice Comment 7/26/2004 DEX MEDIQ EAST LLCPaid Chk# 078830 E613-49830-340 General Advertising ToUl DEX MEDIQ EAST LLC $306.30 21351068000 advertise-golf course $306.30 7/26/2004 DOBO'SPaid Chk# 078831 E 101-41110-439 Meeting Expenses Total DOBO'S $53 34 6095 Meat/Cheesa • WS 6/24 $5334 Paid Chk# 078832 7/26/2004 EGAN MCKAY ELECTRICAL CONTRCTR E 101-43000-408 ConUacted Street Maint $222 50 JC301464B E 101-43000-408 Contracted Street Maint. $280.00 JC3014862 Tout EGAN MCKAY ELECTRICAL CONTRCTR Hwy 12&CR6 stoplight stoptight maint $502.50 *Paid Chk# 678833 * ' 7/26/2664 ’^ELECTRrC RESOURCE CONTRA^^ E 101-41900-404 Repalrs/Maint-BUgs/Grounds $1.139 21 042069 fixture repairs® CH ToUl ELECTRIC RESOURCE CONTRACTORS SI.139 21 Paid Chk# 078834 ' 7/26/2004 ENGINEERING REPRO SYSTEMS E 101.41900-201 Office supplies $42 81 71892 scale, supplies Total ENGINEERING REPRO SYSTEMS Paid Chk#'0 ‘788'35 ’' 7/26/2004 ' ESCHELON E 101-42260-321 Telephone $42 81 $352.45 715C4 phone service Total ESCHELON $352.45 I’Bld Chk#'078836 7^26/2004 '" ESS BROTHERS ^ SONS' E 602-49450-227 Utility System Maint. Supplies ToUl ESS BROTHERS & SONS $117.15 GG2846 rings $117.15 Paid Chk# 078837 7/26/2004 FISCHER, CHRIS E 101-42110-437 Training & Development ToUl FISCHER. CHRIS $187 00 7/22/04 Hotel - Can-Am Conference $187.00 * . • . • • . • 0. BV* • • . •• • . ~ _ _ - . - Paid Chk# 078638 7/26/2004 O & K SERVICES E 601-494JO-226 E 613-49830-226 E 602-49450-226 E 101-41900-404 E 101-43000-226 E 601-49400-226 E 101-43000-226 E 101-43000-221 E 602-49450-226 E 613-49830-226 E 602-49450-226 E 101-43000-226 E 601-49400-226 E 613-49830-226 E 101-43000-221 E 601-49400-226 E 613-49830-226 E 602-49450-226 E 101-43000-226 E 601-49400-226 E 101-41900-404 E 60249450-226 Clothing & personal equipment Clothing & personal equipment Clothing & personal equipment Repars/Maint-Bldgs/Grounds Clothing & persona! equipment Clothing & personal equipment Clothing & personal equipment Equipment Parts & Accessones Clothing & personal equipment Clothing 5 personal equipment Clothing & personal equipment Clothing & personal equipment Clothing & personal equipment Clothing & personal equipment Equipment Parts & Accessories Clothing & personal equipment Clothing & personal equipment Clothing & personal equipment Clothing & personal equipment Clothing & personal equipment Repairs/Maint-Bldgs/Grounds Clothing & personal equipment $12 42 1006148677 uniforms $575 10C6146677 unifoms $37 26 1006148677 uniforms $94 25 1006148677 uniforms $74 52 1006148677 uniforms $13 69 1006155220 uniforms $82 16 1006155220 uniforms $44 52 1006155220 uniforms $41 07 1006155220 uniforms $5.75 1006155220 uniforms $34 41 1006161776 uniforms $68 89 1006161776 uniforms $11 47 1006161776 uniforms $5.75 1006161776 uniforms $48.92 1006168285 uniforms $12.54 1006168265 uniforms $5 75 1006166285 uniforms $37 62 1006166285 uniforms $7526 1006168285 uniforms $1304 1006174742 uniforms $08 06 1006174742 uniforms $39.12 1006174742 uniforms CITY OF ORONO *Check Detail Register® 07/23/04 0 32 AM Page 4 JULY 2004 Check Amt Invoice Comment E 101-43000-226 E 613-49830-226 E 101-42110-404 E 101-41900-404 E 101-41900-404 Clothing & personal equipment Clothing & personal equipment Repairs/Maint-Btdgs/Grounds Repairs/Maint-Bldgs/Grounds Repairs/Maint-Bldgs/Grounds Total G&KSERVICES S70.27 S5.75 $154 40 $57 65 $65.18 1006174742 1006174742 1006174743 1006174744 1006174745 uniforms uniforms mats mats mats $1 224 37 Paid Chk# 078839 7/26/2004 GARY L FISCHLER & ASSOCIATES E 101-42110-319 Other Professional Services $350 00 10291 Total GARY L FISCHLER & ASSOCIATES Employment Eval • Day $350 00 Paid Chk# 078040 7/26/2004 GENUINE PARTS CO. E 101-43000*221 Equipment Parts & Accessories $5.31 793287 Hose E 101-43000-240 Small Tools and Minor Equip $9.47 793435 Hole Saw E 101-43000-222 Vehicle Equipment & Parts $37.12 793436 Oil Filters E 101-43000-221 Equipment Parts & Accessories $67.50 793677 Beit E 101-43000-221 Equipment Parts & Accessories $11 48 793785 Oil Filter E 101-43000-224 Street Maint. Materials/Supply $31.30 794259 Breaker E 101-45200-223 Bidg/Grounds Maint. Supplies $2821 794664 Cable Tie E 602-49450-227 Utility System Maint. Supplies $17.76 795012 Oil E 613-49830-212 Motor Fuels & Lubricants $6.81 796790 Anil Freeze Total GENUINE PARTS CO.$214.96 Paid Chk# 078841 7/26/2004 GOLF CAR MIDWEST E 6 i 3-49830-402 Repairs/Maint-Auto Equip E 613-49830*415 Other Equipment Rentals Total GOLF CAR Mu> VEST $300 61 0401429 $1.600 00 063004 repair & supplies/golf cart golf cart lease 6/2004 $1,900.81 Paid Chk# 078342 7/26/2004* GOPHER STATE ONE-CALL E 602-49450-489 Other Miscellaneous Charges E 601-49400-489 Other Miscellaneous Charges E 601-49400-489 Other Miscellaneous Charges E 602-49450-489 Other Miscellaneous Charges __ Total GOPHER STATE ONE-CALL $242 07 4050648 $242.08 4050648 $235.18 4060651 $235.17 4060651 locates w/s locates w/s swr/wtr locates swr/wtr locates $954.50 Paid Chk# 078843 7/26/2004 HAMEL BUILDING CENTER E 101-45200-223 Bldg/Grounds Mamt Supplies $51.07 13939 E 101-45200*223 Bldg/Grounds Mamt Supplies ToUl HAMEL BUILDING CENTER $160 60 15200 mailbox post fir $211 67 Paid Chk# 070844 7/26/2004 HENNEPIN CO OP SEED EXCHANGE E 101-45200*223 Bldg/Grounds Maint Supplies $59 59 76017 Shady mix Total HENNEPIN COOP SEED EXCHANGE $59 59 Paid Chk#"678845 ......7125120^ HENNEPINl:OUNf^^^ E 101-41900-329 Other Communications Total HENNEPIN COUNTY INFOR TECH OF T $98 06 24067177 network support Paid Chk« 078846 7/26/20U4 $98.06 HENNEPIN COUNTY TR^SURER^AiL E 101-41600-309 Jail Charges ToUl HENNEPIN COUNTY TREASURER-JAIL $286 75 000533 room & beard 5/04 $286 75 ■ i Paid Chk# 078647 7/26/2C04 HUEBSCH RENTAL SERVICE E 613-49830-404 Repairs/Maint-Bldgs/Grounds $26.76 118611 mats $2676ToUl HUEBSCH RENTAL SERVICE Paid Chk# 078848 7/26/2004 HYDRO METERING TECHNOLOGY |i ftffmiiiifiiii iinilifliftlia i CITY OF ORONO 07/23/C4 8 32 AM Page 5 Check Detail Register® JULY 2004 Check Amt Invoice Comment E 601>49400>227 Utility System Maint. Supplies G 601 -20806 Due to Govts-State Sales Tax E 601-49400-227 Utility System Maint. Supplies G 601-20806 Due to Govts-State Sales Tax E 601-49400-227 Utility System Maint. Supplies G 601 -20806 Due to Govts-State Sales Tax Total HYDRO METERING TECHNOLOGY SI.10077 27120-IN ($67.18) 27120-IN S2.210.05 27134-IN (SI 34.46) 27134-IN S1.38351 27217-lN ($84 44) 27217-IN 5 meters f/resale 5 meters f/resale 16 meters f/resale sates tax 10 rrelers 10 meters $4,408.25 Paid Chk# 078849 7/26/2004 J. MARC FRITZLER E 101-42110-228 Training Supplies Total J. MARC FRITZLER S39 95 393014 firearm supplies S39.95 Paid Chk» 078850 7/26/2004 JOHNSEN. KARISSA E 101-42110-489 Other Miscellaneous Charges $60 00 071804 alcohol compliance check Total JOHNSEN. KARISSA Pai6 ciyk0 d7^^^^ KDS COMPANY E 101-43000-489 Other Miscellaneous Charges Total KO& COMPANY $60 00 ^ i i $19.00 11862 asphalt dumpings $1900 Paid Chk# 078852 7/26/2004 ‘ ‘ kENNEDY i GRAVEN' CHARTERED ....... E 101-43290*800 Special Projects. Contingency $152 00 61994 E 234-45680-307 Legal-Consulting Total KENNEDY & GRAVEN. CHARTERED $774.77 61994 MNDOT V. Lurton matter MNDOT V. Lurton matter $936 77 ‘Paid Chk# 078B53 ‘ 7/26/200^ KENNETH N. POTTSV PA E 101-41600-306 Legal-Prosecution »#. » A- $2,500 00 07012004 prosecution services Jur04 Total KENNETH N. POTTS, PA Paid Chk# 078854 * ’>/26/2004" LONG LikErcITY OF E 425-48945-550 Automotive Equipment $2.50000 $159,323.72 20040026 Orono share of pumper/FD Total LONG LAKE, CITY OF $159,323.72 Paid Chk#' 078355 ^ 7/26/2004 MACQUEEN EQUIPMENT ..... E 602-49450-221 Equipment Parts & Accessories Total MACQUEEN EQUIPMENT $223 87 ;044539 parts $223.87 Paid Chk# 078856 7/26/2004 MEDICA G 101-21706 Hospitalization/Medical Ins E 101-42110-135 City Benefit Contribution G 101-15998 Non-Employee Health Ins Hospitatization/Medicai Ins Non-Employee Health Ins Hospitalization/Medicat ins Hospitalization/Medical Ins __________ Tout MEDICA $27.069 19 G 101 21706 G 101-15998 G 101-21706 G 101-21706 $11,474.97 $374 75 $1,175 12 $1,760 70 $1,462 22 $10,090 32 $731 11 104214102552 Medica High 104214102552 Medica high 1042141C2552 Medica high/cobra 104214122585 Medica - low 104214125488 Medica elect/cobra 104214125488 Medica elect 104214134225 Medica essential Paid Chk# ■0768'5T"'‘7/26/2bb4 ‘' MET COUliciLTNVllRW^ SVCS * $19.430 93 777915E 602-49450-383 MWCC-Current Charges Total MET COUNCIL ENVIRONMENTAL SVCS wasteneater charge 8/04 $19,438.93 'Pa'id’Chkir 078858 7/26/2004 METROPOLITAN COUNCIL G 101-20800 SAC Charges due to MWCC $8,100.00 Jun2004 R 101-39610 Miscellaneous Revenue ($81.00) iun2004 Total METROPOLITAN COUNCIL $8.019 00 KaidCWci'^b78859 discharge for June 2004 dis^arge for June 2004 7/26/2004 MID-MINNESOTA WIRE CITY OF ORONO Check Detail Register® 07/23/04 8 32 AM Pages JULY 2004 Check Amt Invoice Comment E 425>48945-221 Equipment Parts & Accessories Total MID-MINNESOTA WIRE PaidChk#b78866 ^7/26^004* MIDWEST ASPHALT E 613-49830-404 Repairs/Maint-Bldgs/Grounds E 101-43000-224 Street Maint Matenals/Supply E 101-43000-224 Street Maint. Matenals/Supply Total MIDWEST ASPHALT PaidChk# 078861 ‘ 7/26/2004 MIDWEST FUELS G 101-14101 Gasoline Inventory E 101-43000-212 Motor Fuels & Lubricants Total MIDWEST FUELS $483 28 0400064 fd/Navarre Lockers $48328 $1960 53846MB $566.88 72182MB $148.80 72221MB dump charge hot mix hand patch $735.28 $3,184.19 21971 $694 8 5 21971 $3.879 04 Paid Chk# 078862 7/26/2004 ' MINN^POLIS OXYGEN COMPANY E 101-43000-415 Other Equipment Rentals _____$32 59 RI06050861 Total MINNEAPOLIS OXYGEN COMPANY $32 59 PJd Chk# 078863 7/26/2004 M COUNTY ATTORNEYS ASSOC. ..... E 101-42110-201 Office supplies $24.50 12508 1893.10 gals qas 533 gats diesel oxygen, cylinders inventory & return Total MN COUNTY ATTORNEYS ASSOC.$24 50 Paid Chk# 078864 7/26/2004 MN DEPT OF REVENUE R 601-39610 Miscellaneous Revenue $39 00 jun04 R 101-34210 General Taxable Sales/Service $22 00 jun04 G 613-20806 Due to Govts-State Sales Tax $1.862 00 jun04 R 101-34650 Police Reports $10 00 junC4 Total MN DEPT OF REVENUE sales tax sales tax sales tax sales tax Paid Chk# 078865' ■ 7/26/2004 MN STATE TREASURER G 101-20802 Due to govts-State R 101-39610 Miscellaneous Revenue Total MN STATE TREASURER $1 933 00 $5.014 49 2ndqtf2004 ($200 58) 2nd qlr2004 $4,813.91 surcharge 2nd qtr surcharge 2nd qtr Paid Chk# 078866 7/26/2004 MUNICIPAL CODE CORPORATION E 101-41900-329 Other Communications $300.00 63154 Total MUNICIPAL CODE CORPORATION Annua! Internet Fee Piid Chk# 078867 7/26/2004 NATIONAL WATERWORKS E 601-49400-227 Utility System Maint Supplies _ Total NATIONAL WATERWORKS $30000 $508 35 1435003 $508 35 hydrant parts Paid Chk# 076668 7/26/2004 NAVARRE HARDWARE E 101-42110-221Equipment Parts & Acccssones $95 03 136850 Batteries. Bug Spray E 101-42110-221Equipment Parts & Accessories $531 136851 Ring E 101-42110-221Equipment Parts & Accessories $7.98 136853 Trash Bags E 613-49830-221Equipment Parts & Accessories $19.55 136967 Rope E 101-43000-224Street Maint. Matenals/Supply $7 43 137448 Soap E 601-49400-221Equipm.ent Parts & Accessories $7 44 137478 Battenes E 601-49400-221Equipment Parts & Accessories $2.58 137656 Beits E 101-43000-224Street Maint. Materials/Supply $4.25 137825 Staples E 613-49830-223Bldg/Grounds Maint. Supplies $23.56 137834 Tape.Key E 101-43000-224Street Maint Materials/Suppty $17.01 137891 Batteries E 101-45200-223Bldg/Grounds Maint. Supplies $106.41 136233 Paint - Benches E 601-49400-227Utility System Maint. Supplies $12.22 138288 Paint E 602-49450-227Utility System Maint. Supplies $1223 138288 Paint E 613-49830-221Equipment Parts & Accessones $19.14 138359 Air Horn CITY OF ORONO 07/23/04 8 32 AM Page 7 *Check Detail Register® JULY 2004 E 101-42110-201 Offics supplies Tout NAVARRE HARDWARE Check Amt ^Invoic^Comment $15.94 138561 Kitchen Supplies $37808 Paid Chk# 078869 7/26/2004 NEXTEL COMMUNICATIONS E 101-41900-321 Telephone E 602-49450-321 Telephone E 613-49830-321 Telephone E 601-49400-321 Telephone Total NEXTEL COMMUNICATIONS $409.71 326180427-00 cellphone $167 61 326180427-00 cellphone $52.20 326180427-00 cellphone $55 67 326180427-00 cellphone $685.39 P^dChk# 078870 ' 7/26/2004 NORLING’S E 101-45200-404 Repairs/Maint-Bldgs/Grounds $628 40 19287 landscape maint/CH Total NORLING'S $628.40 Paid'Chk#'078871 7/26/2004' O’SULLIVANS • HOLIDAY 546 .................. E 101-42110-402 Repairs/Maint-Auto Equip $16 5 0 iun302004 car washes f/jun04 Total O’SULLIVANS - HOLIDAY 546 $16 50 Paid Chk#“brt872 7/2672004 ^O SULUVANS HOLIDAY 547 E 101-42110*402 RepaIrs/Maint-Auto Equip $273.00 iun30O4 car washes f/jun04 Total O’SULLIVANS HOLIDAY 547 $273.00 Pai~d Chk# 078873 7/26/2004 OTTEN BROTHERS E 602-49450-223 Btdg/Grounds Maint Supplies E 602-49450-223 Bldg/Grounds Maint. Supplies E 613-49830-223 Bldg/Grounds Maint. Supplies ToUl OTTEN BROTHERS $28 76 352830 $57.51 354244 $62 88 354956 top soil top soil landscape material $149.15 Paid Chk# 078874 7/26/2004 PHOENIX TECHNOLOGY SOLUflONS. E 425-46945-240 Small Tools and Minor Equip E 101-42260-401 Repairs/Maint-Officc Equip E 425-48945-240 Small Tools and Minor Equip E 101-42260-401 Repairs/Maint-Office Equ p E 101-42260-401 Repairs/Maint-Office Equip $308608 1629 S30000 1631 $20000 1631 $150 00 1633 $150 00 1635 fd/computer & software FD#3-support & set up fee FD#3-support & set up fee FD/monlhly support 4/04 F D/monthly support 5/04 Total PHOENIX TECHNOLOGY SOLUTIONS. $3,886 08 Paid Chk# 078875 7/26/2004 PRUDENTIAL LIFE INSURANCE G 101-21710 Life Insurance G 101-21710 Life Insurance G 101-21710 Life Insurance G 101-15998 Non-Employee Health Ins Total PRU JENTIAL LIFE INSURANCE $89 70 96234 (S2 77) 96234 $710.55 96234 $3 30 96234 July Life Premium Credit July Life Premium July Life Premium S80078 Paid Chk# 078876 7/26/2004 RICKS SUPERVALUE E 101-42110 439 Meeting Expenses Total RICKS SUPERVALUE $7 44 23119 24 pk wtr/search&rescue $7.44 Paid Ch’K# 078877 7/26/2004 SAFETY SIGNS E 602-49450-406 Repairs/Maint-Swr iines/iifts E 602-49450-406 Repairs/Maint-Swr lines/lifts E 602-49450-406 RepairsA4aint-Swr lir>es/tffts E 602-49450-415 Other Equipment Rentals E 6C2-49450-41 5 Other Equipment Rentals Tout SAFETY SIGNS ■i $168.54 $181 56 $214 60 $175.73 $207.68 040550 040611 040612 040882 040883 cones, signs barncades barricades barricades barricades $948.13 Paid Chk# 078878 7/26/2004 SBC PAGING E 101-42110-321 Telephone $38 45 20261007049 pagers —^ CITY OF ORONO Check Detail Register® 07/23/04 8 32 AM Pages JULY 2004 Check Amt Invoice Comment Total SBC PAGING Paid Cr.V# 078879 7/26/2004 SCHARBER & SONS E 101-43000-224 Street MainL Materials/Suppty E 101-43000-224 Street Maint Materiats/Suppiy Total SCHARBER & SONS S38.45 $46 46 2041040 $28 47 2041434 Shop supplies chain $74 93 Paid Chk# 078880 7/26/2004 SEARS E 101-43000-240 Small Tools and Minor Equip Total SEARS $120 74 T052397 tools Paid Chk# 078881 7/26/2004 $12074 SUPERIOR WIRELESS COMMUNICATIO E 601-49400-403 Repairs/Maint-Misc Equip Total SUPERIOR WIRELESS COMMUNICATIO $131.18 5521 citp/case for cell phones $131 18 Paid Chk# 078882 * 7/26/2004 TWTUPYINC. E 651-49910-227 Utility System Maint. Supplies Total TWTUPYINC. $1.543 78 061104 rip rap $1,543.78 H Paid Chk# 078883 7/26/2004 THORPE OIST CO. E 613-49900-093 Concessions For Resale-Txbl E 613-49900-091 Beer For Resale Total THORPE DIST CO. $37.50 340810 $33 20 340810 water for resale beer for resale $70.70 Pa d Chk# 078884 7/26/2004 VALLEY-RICH CO E 601-49400-405 Repairs/Maint-Watermains/p!ant Total VALLEY.RICH CO $3.445 23 8362 Nav wtr/hydrant valve $3,445.23 Paid Chk# 078885 7/26/2004 VOGT HEATING & AIR E 101-41900-404 Repairs/Maint-Bldgs/Grounds E 101-42110-404 Repairs/Maint-Bldgs/Grojnds ToUl VOGT HEATING & AIR $482 09 19587 $394 44 19587 maint service-tiil 12/2006 maint service-till 12/2006 $876.53 Paid Chk# 078886 7/26/2004 ‘ WAYZATA. CITY OF E 602-49450-387 Intergovernmental Services E 601-49400-387 Intergovernmental Services Total WAYZATA, CITY OF $592 97 2ndqtr04 $3,955.37 2ndqtr04 sewer f/2nd qtr 2004 water f/2r.d qtr 20C4 $4,548 34 Paid Chk# 076887 7/26/2004 WILLIAMS TOWING E 231-45650-436 Towing Charges Total WILLIAMSTOWING $181 32 68464 impound tow $161 32 Paid Chk# 078888 7/26/2004 WITTKE. TONY E 101-42110-226 Clothing & personal equipment ToUl WITTKE. TONY $257 54 071604 clothing expense $257 54 Paid Chk# 078889 7/26/2004 XCEL ENERGY E 613.49830.381 Gas & Electric $520 00 july2604 electric E 602-49450-381 Gas & Electric $2,644.15 juty2604 electric E 601.49400-381 Gas & Electric $3.899 05 july2604 electric E 101-43000-386 Street Lighting $1.304 97 ju‘y2604 electric E 101-42110-381 Gas & Electric S568 B9 july26C4 electric E 101-43000-381 Gas & Electric $327.91 jily2604 electric E 101-45200-381 Gas & Electric $23.14 july2604 electric E 101-42110-381 Gas & Electric $9.42 july2604 eledrlc E 101-41900-381 Gas & Electric $1,470 14 july2604 electric i CITY OF ORONO *Check Detail Register© 07/23/04 6 32 AM Page 9 JULY 2004 Check Amt Invoice Comment Total XCEL ENERGY $10,767.67 10100 PnmaryCath $291,137.72 Fund Summary 101 GENERAL FUND 231 DRUG/FELONY FORFEITURE FUND 234 LURTON PARK 425 NAVARRE FIRE STATION PROJ FUND 601 WATER OPERATING FUND 602 SEWER OPERATING FUND 613 GOLF COURSE 651 STORM WATER UTILITY OP FUND 10100 Primary Cash $68,990.08 $6,599.82 $1,974.77 $163.390 08 $17,198.81 $25,664.55 $5,207.46 $2,112.15 $291,137.72 -K .Sc u..,- i CITY OF ORONO 07/23/C4 8:38 AM Page 1 check register Check Number Employee Name 054290 054291 054292 054293 054294 054295 054296 054297 054298 054299 054300 054301 054302 054303 054304 054305 054306 054307 054308 054309 054310 054311 054312 054313 05^314 054315 054316 054317 054318 054319 054320 054321 054322 054323 054324 054325 054326 054327 054326 003543 003544 003545 003546 003547 003548 003549 003550 003551 003552 003553 003554 003555 003556 003557 003558 003559 003560 003561 003562 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 TOMCZYK. MARKW. WHITE. ANTHONY J. WITTKE. ANTHONY A. GAFFRON. MICHAEL P MEYER. WILLIAM C OMAN. LYLE c VANG.BRUCE L GREGORY. JAMES D HANSEN. STEVEN OBRIEN. RANDY L. PALMER. GREGOR^ A. RATHBUN, BARRY J. SKREEN, DALE S ABRAHAMSON FREDW HAMBRO. MARSHALL J JENSEN. RODNEY W. MiARSELLA. DAN G MCINTYRE. WILLIAM E. OAS. DANIEL O PEICKERT. GARY J POLLEY. MIKE A ROSS. JOHN A SMYTH. KATHERINE R STEFFENHAGEN. RONALD STORK. J JHN T MOORS';. RONALD J SILUS. 3ARBARA G VEE. LINDA S KUEHN. THOfMS M. OLSON. RON/MD J. PETTIT. SANDRA K. ANDERSON. BRUCE L. BCBZiEN. SUE A BOR'S. SCOTT W BUDIG. STACIE M. CORNICK. JAMES L. DAY. SUSAN J FISCHER. CHRISTOPHER K GOOD. STEPHANY R. JOHNSON. JEFFREY MCNICHOLS. DAVID L. RUSSETH. KYLE M. SCHOENHOf F. JOHN B. TOMCHECK. UWRENCE F. LEE. JOSEPH P. Pay Check Check Period Amount Date Check Status 15 $1.042 63 7/21/2004 Outstanding 15 $887.98 7/21/2004 Outstanding 15 $642 56 7/21/2004 Outstanding 15 $29.10 7/21/2004 Outstanding 15 $1.459 38 7/21/2004 Outstanding 15 $1,886.82 7/21/2004 Outstanding 15 $1.579 66 7/21/2004 Outstanding 15 $1.7A^58 7/21/2004 Outstanding 15 $1,508.20 7/21/2004 Outstanding 15 $63593 7/21/2004 Outstanding 15 $516 11 7/21/20C4 Outstanding 15 $1,691.05 7/21/2004 Outstanding^ 15 $227 33 7/21/2004 Outstanding 15 $739 84 7/21/2004 Outstanding 15 $1,370.49 7/21/2004 Outstanding 15 $899 34 7/21/2004 Outstanding 15 $1,406 07 7/21/2004 Outstanding 15 $1,428.50 7/21/2004 Outstanding 15 $49371 7/21/2004 Outstanding 15 $64 72 7/21/2CC4 Outstanding 15 $1,323 53 7/21/2004 Outstanding 15 $861 98 7/21/2004 Outstanding 15 $690 08 7/21/2004 Outstanding 15 $751 25 7/21/2004 Outstanding 15 $745 18 7/21/2004 Outstanding 15 $1.12071 7/21/2004 Outstanding 15 $1,070 35 7/21/2004 Outstanding 15 $137 34 7/21/2004 Outstanding 15 $213 64 7/21/2004 Outstanding 15 $138 97 7/21/2004 Outstanding 15 $187 56 7/21/2004 Outstanding 15 $225 09 7/21/2004 Outstanding 15 $119 13 7/21/2004 Outstanding 15 $36957 7/21/2004 Outstanding 15 $86 26 7/21/2004 Outstanding 15 $82 25 7/21/2004 Outstanding 15 $181 81 7/21/2004 Outstanding 15 $1,343 ! 7 7/21/2004 Outstanding 15 $312 83 7/21/2004 Outstanding 15 $2.33649 7/21/2004 Outstanding 15 $480.72 7/21/2004 Oulstand ng 15 $1.038 54 7/21/2004 Outstanding 15 $1,328 20 7/21/2004 Outstanding 15 $1,161 81 7/21/2004 Ou’stand ng 15 $1,061 30 7/21/2004 Outstanding 15 $1.135 00 7/21/2004 Outstand.ng 15 $830 00 7/21/2004 Outstanding 15 $20 00 7/21/2004 Outstanding 15 $97685 7/21/2004 Outstanding 15 $2,395 49 7/21/2004 Outstanding 15 $1.116 98 7/21/2004 Outstanding 15 $1,679 28 7/21/2004 Outstanding 15 $1 994 94 7/21/2004 Outstanding 15 $1,532 12 7/21/2004 Outstandi'-g 15 $1.100 00 7/21/2004 Outstanding 15 $1.488 29 7/21/2004 Outstanding 15 $1.514 67 7/21/2004 Outstanding 15 $900 00 7/21/2004 Outstanding 15 $421.20 7/21/2U04 Outstanding . k Check Number Employee Name Pay Period 003563 003564 003565 003566 003567 003568 003569 003570 003571 003572 003573 003574 003575 PHARO, CHRISTOPHER M. BOLTERMAN, r\4ATTHEW A. CURTIS. MELANIE GAFFRON. MICHAEL P GAPPA, GREGORY A. GUNOLACH. JANICE J. OMAN. LYLE E. DEBAERE. DONALD L HANSEN. STEVEN OBERAIGNER. SCOTT G OBRIEN. RANDY L PALMER. GREGORY A RATHBUN. BARRY J. 15 15 15 15 15 15 15 15 15 15 15 15 15 CITY OP ORONO check register Check Amount $645.01 $774.91 $1,119.29 $125 00 $1,810.50 $1,226 13 $1.400 00 $1,184 25 $775.00 $1.056 30 $500 00 $350 00 $200.00 $66,31387 Check Date Check Status 7/21/2004 Oui«tending 7/21/2004 Outstanding 7/21/2004 Outstanding 7/21/2004 Outstanding 7/21/2004 Outstanding 7/21/2004 Outstanding 7/21/2004 Outstanding 7/21/2004 Outstanding 7/21/2004 Outstanding 7/21/2004 Outstanding 7/21/2004 Outstanding 7/21/2004 Outstanding 7/21/2004 Outstanding , i' V : ::v: V ' i4a^' f , 4 ■ I : « . . w - 0723AM 6:36 AM Page 2 3