Loading...
HomeMy WebLinkAbout08-23-2004 Council PacketAGENDA FOR COUNCIL MEETING SET FOR MONDAY, AUGUST 23, 2004, 7t00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, IVHNNESOTA (*) Asterisk items are considered to be routine items to be enacted upon by one motion by the City Council under tlic 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. ROLI. CAIX CONSENT AGENDA 1. Approve/Amend AUG 2 i m APPROVAL OF MINUTF.S • 2. RegularCouncilMcctingof August 9,2004 CITYOFCROivo PARK COMMISSION COMMENTS - Paul Pesek, Representative PLANNING COMMISSION COMMENTS - Jim Leslie, Representative LMCD REPORT -- Debora Halvorson PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR’S REPORT 3. W04-3029 Michael Keaveny, 3423/3425 Shoreline Drive - Commercial Site Plan and Variances Denial Resolution * 4. //04-3034 Robert P. Mack, 1580 Sixth Avenue North - Conditional Use Pemiit - Resolution * 5. t/04-3037 Wayzata Country Club, 430 Old Long Lake Road - Variance and Conditional Use Pennit - Resolution * 6. //04-3040 Dean and Sherr)'Lundblad, 1290 Arbor Street - Variance - Resolution * 7. //04-3041 Rebecca Holzem, 3407 East Lake Street - Variances-Resolution 8. #04-3043 John C. Holm and Susan M. Kerbcr, 1485 Bay Ridge Road - Variance - Resolution PRESENTATION 9. 2003 Comprehensive Annual Finaneial Report - Ken Malloy ZONING ADMINISTRATOR’S REPORT - CONTINUED 10. #04-3039 City of Orono, 2750 Kelley Parkway - Revisions to Orono Zoning Code: Floodplain and Wetlands Management - Ordinance mayor /counctl report PUBLIC SERVICE DIRECTOR’S REPORT 11. Accept Quotations for Birch Lane Improvements CITY ADMINISTRATOR’S REPORT 12. Appoint Parks, Open Space and Trails Commission Member I AGENDA FOR COUNCIL MEETING SET FOR MONDAY, AUGUST 23,2004,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA CITY ATTORNEY’S REPORT * 13. LICENSES Annual Trap Shooting Kennel Special Event * 14. BILLS UPCOMING ISSUES AND EVENTS 2004 08/23 - Council Meeting, 7:00 p.m. 08/24 - Candidate Filing Opens for November 2 General Election, Tuesday, 8:00 a.m. 09/01 - Planning Commission Work Session, Wednesday, 5:30 p.m. 09/06 - HOLIDAY, Labor Day 09/07 - Resume Regular Office Hours, 8:00 a.m. - 4:30 p.m. 09/07 - Candidate Filing Closes for November 2 General Election, Tuesday, 5:00 p.m. 09/07 - Park Commission Meeting, Tuesday, 7:15 p.m. (Council Liaison - Bob Sansevere) 09/09 - Council Work Session, Thursday, 5:30 p.m. 09/11 - City Offices Open for Absentee Voting, Saturday, 10:00 a.m. - 3:00 p.m. 09/13 - City Offices Open for Absentee Voting until 5:00 p.m. 09/13 - Council Meeting, 7:00 p.m. 09/14 - Primary Election, Tuesday, 7:00 a m. - 8:00 p.m. 09/20 - Plamiing Commission Meeting, 6:00 p.m. (Council Liaison-Jim Murphy) 09/27 - Council Meeting, 7:00 p.m. 10/04 - Park Commission Meeting, 7:15 p.m. (Council Liaison - Jim White) 10/06 - Plaruiing Commission Work Session, Wednesday, 5:30 p.m. 10/07 - Council Work Session, Thursday, 5:30 p.m. Public A ttendance Meeting D ate TT 0^-1 ^C ouncil □ Planning C ommission □ Park C ommission □ Other Please filloutthe information requested BELOW FOR our CITY RECORDS. NAME (please print)ADDRESS PRESENT FOR (from agenda) NAMEORNL'MBER 2.(?e\occrcx t ^t-3cvH 3.\y\_ ( A____1 / Va /I IF. I <f »/ ' it 4. /•<*'WV|fWV 'iili />vc _____/^7>C< f,'>fi,v X /u^ 6 ^2wv ^}usl^rtUtt( 7>l /«^y >>> /✓'T/v ^ X'K \ii l^c I >/^o /i^orU /c/ ^ 11. 12.. 13. 14. 15. «l i\ MmiarntBUft Sn»|wrf^fM|sy«liB Awiwlf w np^ ,; s MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 9,2004 7:00 o’clock p.m.AUG 2 3 2004 CITY OF OH€)NO ROLL The Council met on the above-mentioned date with the following members present: Mayor Barbara Peterson; Council Metnbctb Jim Murphy, Lili McMilldii, and Jim White. Council Member Bob Sansevere arrived at 7:52 p.m. Representing staff were Ctty Administrator Ron Moorse, Planning Director Mike Gaffron, City Engineer Tom Kellogg, City Attorney Thomas Barrett, and Recorder Jackie Young. Mayor Peterson called the meeting to order at 7:02 p.m. CONSENT AGENDA 1. Approve/Amend Items #7, 9, 10, 11, 12. 14, 15, 16, and 17 were added to the Consent Agenda. Murphy moved, Peterson seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. RECOGNITION 2. Recognition of Investigator Jim Cornick - Resolution No. 5210 Police Chief Stephany Good commended Investigator James Comick for his outstanding dedication to duty. Good stated Investigator James Comick faced imminent death during his investigation of a house fire on July 1 8, 2004, when he fell through a hazardous dock and nearly drowned. Good stated it was through the immediate life-saving actions of Officer Kyle Russeth that Investigator Comick was rescued. Mayor Peterson, on behalf of the Orono City Council and Orono residents, presented Investigator James Comick with a certificate recognizing his outstanding devotion to duty. Formal action on this item follows the City Attorney’s Report. 3. Distinguished Service Award - Officer Kyle Russeth - Resolution No. 5211 Police Chief Stephany Good commended Officer Kyle Russeth for his life-saving actions and courage in rescuing Investigator James Comick from imminent death during the early morning hours of July 18,2004. Mayor Peterson, on behalf of the Orono City Council and Orono residents, presented Officer Russeth with a certificate acknowledging his distinguished service. Investigator Comick presented Officer Russeth the Life Saving Award for distinguished sers’ice. Formal action on this item follows the City Attorney’s Report. PAGEl MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 9,2004 7:00 o'clock p.m. APPROVAL OF MINUTES *4. Regular Couucil Meeting of July 26,2004 Murphy moved, Peterson seconded, to approve the Regular City Councii minutes of July 26,2004, as submitted. VOTE: Ayes 4, Nays 0. PARK COMMISSION COMMENTS - Rick Rice, Representative Rick Rice stated the Park Commission recently completed a tour of the bam located on the Lurton property in order to better as*’?ss the condition of the structure. Rice noted ten residents of the Lydiard/Kelly neighborhood were at the Park Commission meeting to c.xpress their thanks to the City that the beach in their area has been opened. Rice stated the residents requested the City consider installing a T-dock at the site versus a roll-up dock as well as relocating the restrooms to a less visible spot. Rice noted this area of the lake has recently been cleared of milfoil. Murphy commented that he had been in the area at the time the milfoil was being removed. Murphy inquired whether there were other times when the milfoil could be removed rather than during prime time beach hours. Rice concurred that it would be better for the users of the beach if the milfoil could be removed during hours when the beach is not open. McMillan indicated she had spoken to a representative of the LMCD concerning milfoil removal and was informed that the most efficient method of removing the milfoil is to have the equipment brought to a site and leave it there for a full two or three days until the milfoil has been removed rather than doing it in stages. McMillan stated the LMCD IS aware of the fact that the neighbors would prefer to have the milfoil removed during hours when the beach is not open but at this time is unable to accommodate that request. Rice stated the residents also requested some posts be installed delineating the beach area from the parking area due to safety concerns. Rice inquired whether a new location could be found for the restroom. White commented the DNR has erected aesthetically pleasing structures around their outdoor restroom facilities, which may improve the situation. Rice noted the Park Commission did not arrive at a solution and would likely be addressing this issue again in the future. PAGE 2 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 9,2004 7:00 o ’clock p.m. PLANNING COMMISSION COMMFNTS - Roland Jurgens, Representative Jurgens stated he did not have any comments pertaining to the items on tonight’s agenda, but requested a joint work session be scheduled between the Planning Commission and the City Council to discuss the moratorium. PUBLIC COMMENTS None ZONING ADMINISTRATOR’S REPORT 5. #02-2843 PROFESSIONAL PROPERTIES OF ORONO, 2765 KELLEY PARKWAY - PUD AMENDMENT FOR WALL SIGN Gaffron stated Orono Dental Care is requesting a sign permit to allow a wall sign on the southeast wall of the Orono Professional Properties building in addition to the existing 12’ 8" monument sign which was previously approved by the Council. Orono Dental Care is requesting a 7’ 11" wide, 6' tall internally illuminated wall sign. Gaffron noted the wall sign, along with the existing monument sign, will total less than the ma.ximum sign square footage allowed for this property in the B-6 District. Staff recommends approval of the PUD amendment. Dr. Karl Berg noted the sign would be located on the southeast side of the building rather than the northwest side as originally proposed. Murphy stated he was recently in this area during the nighttime hours and had noticed that the night lights on this building are white in color. Murphy commented that the majority of the night lights currently in the City arc amber lights, which in his opinion arc aesthetically more pleasing than the white lights. Murphy inquired what the rationale is for having amber lights versus white lights, and suggested the City look at requiring the night lights throughout the City be more uniform. McMillan commented she prefers white lights and questioned whether the lighting at this site should be pointed more downward rather than outward. Berg slated he has questioned the architect concerning the lighting on the building and was informed that they do comply with the City’s lighting regulations. City Administrator Moorse noted the City would soon be installing a number ol lights along Kelley Parkway and that a quick review of this situation w ould be necessary if any changes arc to be made to the color of the lights. Moorse indicated he is unaware of what color lighting; has been chosen along Kelley Parkw ay and would check on the siniation. Roland Jurgens, Planning Commission, stated there are two types of night lights av-ailable, a mercury vapor light and a high pressure sodium light. Jurgens stated the high pressure sodium lights, which are amber in color, are more efficient. PAGE 3 I JiiiHidi MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 9, 2004 7;00 o’clock p.m. (5. #02-2843 Professional Properties of Orono, Continued) Berg stated it is his understanding the lights need to have a certain number of lumens in order to light up the sidewalk. Berg indicated to his kjiowledgc the lighting complies with City codes. Berg inquired whether additional signage could be mounted on this building in the future. Gaffron stated the property is allowed one square foot of signage per foot of frontage and that currently this property has approximately one-third of the signage allowed under Cuy code. Gaffron noted any additional signage would need to be approved by the CiP/. Moorse recommended that consideration be given to standardizing all of the sign: on this building for aesthetic reasons should additional signage be added. White moved, McMillan seconded, to approve the PUD Amendment for a Wall Sign at Professional Properties of Orono, 2765 Kelley Parkway. VOTE: Ayes 4, Nays 0. 6. #04-3029 MICHAEL KEAVENY, 3423/3425 SHORELINE DRIVE-COMMERCIAL SITE PLAN REVIEW Peterson moved, Murphy seconded, to table Application #04-3029, Michael Keaveny, 3423/3425 Shoreline Drive, per the applicant's request. VOTE: Ayes 4, Nays 0. *7. #04-3036 JAMES BROOKS, 3785 WATERTOWN ROAD - \'ARIANCES - RESOLUTION NO. 5212 Murphy moved, Peterson seconded, to adopt RESOLUTION NO. 5212, a Resolution granting a 12’ east side setback variance for the residence located at 3785 Watertown Road. VOTE: Ayes 4, Nays 0. 8. #04-.3038 DARRELL ANDERSON/BRUCE DAYTON, 900/925/%5 OLD 3NG LAKE ROAD - LOT LINE REARRANGEMENT - RESOLUTION NO. 5213 McMillan inquired why the surv'cy for the lot located at 965 Old Long Lake Road has a different lot size than the number given in the Planner ’s report. Gaffron stated there is a difference between the gross acreage and the net acreage based on the road right-of-way. Gaffron indicated the applicant ’s description of the property goes to the center of the roadway and the description of the property to the west goes to the section line north of the road. Gaffron noted the survey does not reflect the right-of-way. Gaffron stated the numbers in the Planner ’s report arc the gross acreages, including the road, and that the lot sizes for both 925 and 965 are less than two acres. Gaffron stated these lots were already substandard sized lots prior to the lot line rearrangement. White moved, McMillan seconded, to approve RESOLUTION NO. 5213, a Resolution granting subdivision of a lot line rearrangement for properties located at 900,925, and 965 Long Lake Road. VOTE: Ayes 4, Nays 0. PAGE 4 ! 4 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 9,2004 7:00 o ’clock p.m. MAYOR/COLNCIL REPORT *9. PROCLAMATION - NATIONAL MARINA DAY - RESOLUTION NO. 5214 Murphy moved, Peterson seconded, to approve RESOLUTION NO. 5214, a Resolution Proclaiming National Marina Day 2004. VOTE: Ayes 4, Nays 0. White commented that he had recently contacted a surveyor and inquired about the cost of obtaining a survey for his property. White stated he was quoted a high price for the survey and was told that there are no good survey records in Orono. Gaffron stated most surveyors retain their own records, and if the surv ’cyor was not from this area, they would need to do additional work. Gaffron stated to his knowledge a typical surv ’cy with hardcover dc'nneation for this area typically starts at approximately S2000. PUBLIC SERVICE DIRECTOR'S REPORT *10. REPAVE SALT/SAND .MIXING AREA Murphy moved, Peterson seconded, to approve repaving the public works salt/sand mixing area by Midwest Asphalt Corporation, Hopkins, Minnesota, at a total cost of $18,800, to be funded from the year 2004 Public W'orks Department, Contracted Street Maintenance Budget Line Item. VOTE: Ayes 4, Nays 0. *11. PURCHASE OF PUBLIC WORKS PICKUP TRUCK Murphy moved, Peterson seconded, to approve purchase of Public Works replacement 3/4 ton pickup truck from Polar Chevrolet, North St. Paul, Minnesota, with accessories, at a total cost of $24,027, to be funded from the year 2004 Improvement and Equipment Outlay Fund budget. VOTE: Ayes 4, Nays 0. •12. .VSSESS.MENT FOR CR6/BROWN ROAD NORTH SANITARY SEWER - R1>:S0LUT10N NO. 5215 and 5216 Murphy moved. Peterson seconded, to approve RESOLUTION NO. 5215, a Resolution adopting the Brown Road Norlh/CR 6 sewer project connection charge assessment roll for 2145 Sixth Avenue North. VOTE: Ayes 4, .Nays 0. Murphy moved, Peterson seconded, to approve RESOLUTION NO. 5216, a Resolution revising the Brown Road North/CR 6 sewer extension assessment roil for 2100 Sixth Avenue North. VOTE: Ayes 4, Nays 0. CITY mMLMSTRATOR’S REPORT 1 3. PURCHASE OF PROPERTY AT 3422 LYRIC AVENUE Moorse stated the property located at 3422 Lync Avenue, adjacent to the Navarre Park, has recently become available for purchase. The Parks Commission has recommended the t PAGES MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 9,2004 7:00 o’clock p.m. (13. Purchase of Property at 3422 Lyric Avenue, Continued) property be acquired for the purpose of expanding Navarre Park. Moorse stated the City would be able to acquire the propterty at a price of $195,000, with closing costs and demolition costs expected to make the total cost approximately $215,000. Moorse stated $175,000 would come from the Park Fund, with a loan of $40,000 being made from the General Fund to the Park Fund to help finance this acquisition. Murphy inquired whether all the park dedication fees have been collected from the ne\v development along Highway 12. Moorse stated the $175,000 currently in the Park Fund is from the recently collected park dedication fees for that development. Gaffron noted the City has only collected fees for Phase I of that project. Murphy recommended the City look at other options besides demolishing the house located at this site in an effort to save the demolition costs, Murphy noted the Fire Department has expressed some interest in burning the structure. Moorse stated the City could inquire whether anybody would be interested in salvaging the house, but noted the house is approximately 100 years old and is not in the best of condition. Moorse stated the City is looking at relocating the detached garage. White indicated there are some organizations the City could donate the structure to, but recommended the City have an iron-clad agreement with that organization to remove the structure promptly to avoid issues with vandalism. .Murphy moved, Peterson seconded, to approve the purchase of the property located at 3422 Lyric Avenue at a cost of $195,000, plus closing costs, total cost not to exceed $215,000, with the recommendation that the City explore alternative methods for removing the residence presently located on the property. V’OTE: Ayes 4, Nays 0. McMillan moved. While seconded, to amend the Park Fund budget to reflect the purchase of 3422 Lyric Avenue at a cost not to exceed $215,000. VOTE: Ayes 4, Nays 0. White moved, Murphy seconded, to amend the General Fund budget to reflect a loan of up to $40,0(K) to the Park Fund, if needed. V'OTE: Ayes 4, Nays 0. (Council Member Sansevere arrives at 7:52 p.m.) CITY ATTORNEY’S REPORT City Attorney Thomas Barrett requested an executive session to discuss pending litigatton regardmg the renting out of docks. PAGE 6 MINUTES OF THE ORONO CITY COUNCIL MEET iNG Monday, August 9,2004 7:00 o’clock p.m. RECOGNITION Recognition of Investigator Jim Cornick, Continued Sansevere moved, Peterson seconded, to adopt RESOLUTION NO. 5210, a Resolution of Recognition to Investigator James Cornick. VOTE: Ayes 5, Nays 0. Distinguished Service Award - Officer Kyle Russeth, Continued Sansevere moved, Murphy seconded, to adopt RESOLUTION NO. 5211, a Resolution Bestowing the Life Saving Award for Distinguished Service to Officer Kyie Russeth. VOTE: Ayes 5, Nays 0. *14. APPOINT ELECTION JUDGES FOR SEPTEMBER 14, 2004 PRIMARY ELECTION - RESOLUTION NO. 5217 Murphy moved, Peterson seconded, to adopt RESOLUTION NO. 5217, a Resolution appointing eiection Judges for the primary election to be held September 14,2004. VOTE: Ayes 4, Nays 0. .MAYOR/COUNCIL REPORT, CO.NTI.M ED Sansevere reported he has received a complaint from a citizen that the no parking sign located on Bohn’s Point Road has been replaced with a sign that says no trailer parking, Sansevere stated the neighbors are now experiencing a number of parked vehicles along the roadway and requested that the Public Service Director look :nto the situation. * 15. REQUEST FOR REASSIGNMENT TO PATROL OFFICER Murphy moved, Peterson seconded, to accept the voluntary return to the rank of patrol officer of Sergeant Jay Dembouski, effective August 16,2004. VOTE: Avcs4,NavsO. *16. ACCEPT RESIGNATION OF PATROL OFFICER JEFF JOHNSON Murphy moved, Peterson seconded, to accept the voluntary resignation of Officer Jeff Johnson effective August 19,2004. VOTE: Ayes 4, Nays 0. * 17. DATABASE CONSULTING FEE AND BUDGET ADJI STMENT Murphy moved, Peterson seconded, to approve consulting costs of $1,140 to Stephanie Grande, and to thank her for her generous in-kind contribution. VOTE: Ayes 4, Nays 0. PAGE? I r ■•■IP MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 9,2004 7:00 o’clock p nt *18. LICENSES Special Event Permit: 1.Paul Cady Wedding party with music 46S Tumham Road Saturday, August 14,2004 5:30 p.m. - 1 :00 a.m.; music from 8:00 p.m. - 11 :30 p.m. 2.Mike Swanson Party with music 3300 Navarre Lane Saturday, August 14,2004 Noon-midnight; music from 5:00 p.m.-9:30 p.m. 3.John Terrance Homes 2004 Fall Parade of Homes 2462 Sandstone Lane and 653 Sandstone Circle September 11 - October 10, 2004 Noon - 6:00 p.m., Thursdays - Sundays Murphy moved, Peterson seconded, to approve all licenses. V’OTE; Ayes 4, Nays 0. *19. BILLS Murphy moved, Peterson seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. ADJOURNMENT Murphy moved, Peterson seconded, to adjourn the Orono City Council meeting of August 9,2004, at 7:S4 p.m. ATTEST: Linda S. Vcc, City Clerk Barbara Peterson, Mayor PAGES L «rtac« jama ■LX V 3037 JE&A )" ( y cse^ .V \ I AGENDA FOR COu’NClL MEETING SET FOR MONDAY, AUGUST 23, 2004,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA (*) Asterisk items »re considered to be routine items to be enscted upon by one motion by •'te City Counc under the Consent Item* on the »gend» Memos regarding esch of tl-.e Agenda items are available inthePubl; Packet - located on the counter near tire sign in sheet ROLL CALL CONSENT agenda I Approve/Amend approval of MINUTES • 2. Regular Council Meeting of August 9,2004 cnnh*''" ••f'-TiMG AUG 2 :> 2004 CITY OF CRC\0 PARK COMMISSION COMMENTS - Paul Pesek, Representative PLANNING COMMISSION COMMENTS - Jim Leslie, Representative LMCD REPORT - Debora Halverson I PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZOsNING ADMINISTRATOR'S REPORT 3. «C4-3029 Michael Keaveuy, 3423/3425 Shoreline Di-ivc - Commercial Site PUr. and Vanance. Deiiial Resolution • 4 #104-3034 Rcbcit P Mack, 15S0 Sixth Avenue North - Conditional Use Pcnnit - Resolution • 5 ##04-3037 Way'zata Country Club, 430 Old Long Lake Road - Vailaacc and Conditional Use Pcmiil - Resolution • 6 ##04-3040 Dean and Sheiry Lundblad, 1290 Arbor Street - Variance - Resolution • 7 #»04-304l Rebecca Holzem, 3407 East Lake Street - Variances- Resolution • S #r04-3043 John C Holm and Susan M. Kcrber. 1485 Bay Ridge Road - Vanance - Resolution PRESENTATION 9. 2003 Comprchens.ve Annual Financial Report - Ken Malloy ZONING ADMINISTRATOR'S REPORT - COsNTINUED 10. #04-3039 City of Oioao, 2750 Kelley Parkway - Revisions to Orono Zoning Code: FloodpU* and Wetlands Management - Ordinance MAYOR/COUNCIL REPORT PUBLIC SERVICE DIRECTOR’S REPORT 11 Accept Quotations for Birch Lane Improvements CITY ADMINISTRATOR'S REPORT 12. Appoint Parks, Open Space and Tiails Commission Member CITY ATTORNEY’S REPORT • 13. LICENSES Annual Trap Sheoung Kciuicl Special Event • 14. BILLS UPCOMING ISSUES AND EVENTS 2094 05/23 -Council Meeting. 7.00pm. ^ OS/24 - Candidate Filing Opens for November 2 General Election. Tuesday. 8 00 a m Plauimng Commission Work Session, Wednesday, 5 30 p nv HOLIDAY, Labor Day Resume Regular Office Hours, 8 CO am - 4 30p m Candidate Filing Closes for November 2 Genet al Election, Tuesday 5 00 p m Pa.k Commission Meeting. Tuesday. 7 1 5 p in {Council Lta^sou - Bob Sonse^etef Council Work Sess en. TUutsduy, 5 30 p m City OfFccs Open for Abse nce Vourg Soutrday. 10 00 a m - 3 00 p m. City Ofl'iccs Open for Absentee Voi.ng until 5 00 p m Council Meeting. 7 00 p m Pr.u'ary Election. Tuesday, 7 00 a m - S - ^ p m 09/01 09/06 09/07 09/07 C9/07 00/09 - f o/U - U)/I3 - 09.13 - 0^)/l4- »..% CM . . , »lf«,^tir«r* A f\t\ tig /t*• ,hi‘i .a/wrufes'# f t i : Date Application Received: 6-9-U4 Date Application Considered as Complete: 6-23-04 60-Day Review Period Expires: 8-22-04 extended to 10-20-04 «*rc:TlM(5 AUG 2 5 21'04 REQUEST FOR COUNCIL ACTION CITY OF CROX'O Date: August 23, 2004 Item No.: ^ Department Approval:Administrator Approval: ' \Name: Janice Gundlach 3 Title: City Planner Agenda Section: Zoning Item Description: #04-30'’9, Michael Keaveny. 3423/3425 Shoreline Drive Commercial Site Plan Review - Denial Resolution Zoning District: Lot Area: l.ut Width: 13-1. Retail Sales Business District (.20,000 s.f. minimum) 1.58 acres (68,897 s.f.) 529 feet List of Exhibits A - Resolution per Planning Commission Recommendation B - PC Minutes from the 7-19-04 Meeting C - PC Action Notice 7-20-04 D - PC Memo and Exhibits of 7-9-04 ipplicution Summary: The applicant has submitted an application for a commercial site plan review in order to conduct improvements to the existing building. As per City Code Section 78-642 any application for a commercial building permit prompts a site review by the Planning Commission and City Council. The applicant has requested the following: 1) Commercial site plan review in order to obtain a building permit to construct a new entrance at the rear of the building and to convert an existing garage area into a game room (Section 78-642). 2) Hardcover variance to allow 90% hardcover on the site. Ihc improvements associated with this application will not increase the hardcover above what currently exists (Section 78-1288). 3) Structural coverage variance to allow 23% structural coverage when 15®/o is allowed and 20®/o currently exists. It is not unusual for commercial properties to require a variance to this requirement, and variances have been approved for structural coverage at 16% to 26®/o in the past (Section 78-1403). 4) A parking stall variance to allow 104 parking stalls when 133 stalls are required and 72 stalls currently exist (Section 78-1516). 5) Parking setback variance to allow the existing gravel lot (to be converted to Ibrmalizcd paved parking) to maintain a 10’ fr*nt yard setback from Shoreline _____Drive (Co. Rd. 15) when 20’ is normally requir'*': (Section 78-646 (c)'. 1 Planning Commission Recommendation The Planning Commission, at their July 19,2004 meeting, voted 7-0 to deny the applicants request due to the proposed new use not being a permitted, conditional, or accessory use within the B - 1 zoning district, and also based on not wanting to allow expansion of the existing non-conforming bowling alley use. Staff Recommendation Uphold the Planning Commission recommendation and approve the attached denial resolution. I COUNCIL ACTION REQUESTED Adopt the attached Resolution denying a commercial site plan review for 3423/3425 Shoreline Drive. F EXHIBIT A A RESOLUTION DENYING VARIANCES AND AN AMENDMENT TO THE B ZONING DISTRICT STANDARDS ALL IN CONJUNCTION WITH A COMMERCIAL SITE PLAN REVIEW TO MUNICIPAL ZONING CODE SECTIONS 78-642,78-643-645,78-646 (C), 78-1288 (B), 78-1403, AND 78-1516 FILE NO. 04-3029 -1 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, pursuant to State Statutes 412 et. Seq. and 462 ct. Seq., the City Council of the City of Orono has adopted zoning regulations for the protection of the public health, safety and general welfare; and WHEREAS, Michael Kcaveny on behalf of Richard M. Keaveny Rev. Trust, (hereinafter “the applicant”) is the owner of the property located at 3423/3425 Shoreline Drive within the City of Orono (hereinafter the “City ”) and legally described as follows: Lots 1 and 2, Block 2, KEAVENY ADDITION, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota (hereinafter the “property”); and WHEREAS, the applicant has applied to the City of Orono for variances and an amendment to the B - 1 zoning district standards all in conjunction with a commercial site plan review in order to construct an addition measuring 16’ x 132' for an entrance onto the south facade of the existing building and also to permit construction of a game room in the existing vacant garage stalls connecting to the existing bowling alley, requesting the following approvals: 1.Sections 78-643-645; To operate a game room out of the existing vacant garage stalls. Page 1 of 4 2.Section 78-642: Commercial site plan approval for a building permit to allow construction of a 16’ x 132 ’ addition to the south facade of the existing building, expanding the cunent building footprint, and interior remodeling to covert the existing vacant garage stalls into a game room. 3.Section 78-1288 (B): Variance to permit 90% hardcover within 1000’ of Lake Mimietonka when 25% hardcover is permitted in the 75 ’ - 250 ’ zone, 30% in the 250 ’ - 500 ’ zone and 35% in the 500 ’ - 1000’ zone. 4.Section 78-1403: Variance to permit 23% Lot Coverage by Structures when 15% is normally permitted and 20% currently exists. 5.Section 78-646 (C): Variance to permit a front yard setback for parking of 10 feet from Shoreline Drive where 20 feet is normally required. 6.Section 78-1516: Variance to parking stall requirement where City Ordinance would require 133 stalls and only 104 stalls are proposed. WHEREAS, the City Council has reviewed the application; the recommendation of the City staff and Planning Commission; and the comments and written statements submitted by the applicant. NOW, THEREFORE BE IT RESOLVED that the City Council of Orono, Minnesota hereby denies the requested commercial site plan review with associated variances and an amendment to the B - 1 zoning district standards as described above based on one or more of the following findings of fact concerning this property: 1. The proposed game room use is not permitted under the permitted, conditional, or accessory uses sections of B - 1, Retail Sales Business District; an amendment to the B - 1 standards, which is not supported by the Plaiming Commission or City Council, would be required in order to permit the game room. 2. The proposed addition, measuring 16’ x 132 ’, would constitute an expansion of the existing non-conforming use, which is the bowling alley. 3. The property is in close proximity to the residential neighborhood to the south. The proposed addition and entrance to the proposed game room would Page 2 of 4 M have directly abutted the adjacent residential neighborhood and would potentially have created negative impacts to the neighborhood. 4. The granting of the requested variances would be contrary to the provisions of Municipal Zone Code Section 78*123 w'ith which the applicant must first comply in order that variances are granted. The Council finds that: a. The property in question can be put to a reasonable use if used under the conditions allowed by the official controls if the proposed variances were not granted. b. The plight of the landowner was created by the landowner, in that the need for parking variances is directly related to the proposed use of the site. c.Granting of commercial site plan approval, associated variances, and amendment to the B - I zoning district standards would appear to serve as a convenience to the applicant and the applicant has not demonstrated sufficient reasonable headships or practical difficulties acceptable to the City Council. d. The conditions of the Zoning Code limits imposed and existing on this property generally apply to all other land and structures in the zoning district in which this property is located. 5.The City Cc jncil has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed commercial site plan review and associated vai mces on the health, safety and welfare of the community. Adopted by the Orono City Council on the 9**" day of August, 2004. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Page 3 of 4 i STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of 2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 4 ! M HE ORONO PLANNING COMMISSION MEETING MONDAY, JULY 19,2004 6:00 o’clock p.m. NEW BUSINESS 6. #04-3029 MICHAEL KEAVENY, 3423/3425 SHORELINE DRIVE, COMMERCIAL SITE PLAN REVIEW, PUBLIC HEARING (6:29-6:45 p.m.) Michael Keaveny, applicant, was present. Gundlach introduced the application for commercial site plan rev iew in order to conduct improvements to the existing building. The applicant requested the following: 1) Commercial site plan review in order to obtain a building permit to construct a new entrance at the rear of the building and to convert an existing garage area into a game room (Section 78-642). 2) Hardcover variance to allow 90% hardcover on the site. The improvements associated with this application will not increase the hardcover above what currently exists (Section 78-1288). 3) Structural coverage variance to allow 23% structural coverage when 15% is allowed and 20% currently exists. It is not unusual for commercial properties to require a variance to this requirement, and variances have been approved for structural coverage at 16% to 26% in the past (Section 78-1403). 4) A parking stall variance to allow 104 parking stalls when 133 stalls are required and 72 stalls currently exist (Section 78-1516). 5) Parking setback variance to allow the existing gravel lot (to be converted to formalized paved parking) to maintain a 10’ front yard setback from Shoreline Drive (Co. Rd. 15) when 20' is normally required (Section 78-646 (c)). Gundlach referred to significant points in the Background (Page 2) and Issues for Discussion (Pages 2- 3) sections of the July 19, 2004 Staff Report. She emphasized there were a number of issues with the application beyond the structural coverage, parking and hardcover variance requests. These issues pertain specifically to the uses existing and proposed and whether those uses, such as a game room, are permitted under the current Zoning Ordinance. Gundlach recommended it should be first determined whether the uses should be permitted prior to further consideration of structural or hardcover requirements. Also, if the proposed addition is an expansion of an existing non- conforming use. Mr. Keaveny corrected staffs introduction of his application by explaining that he did not plrm to remove beams along one main wall of the building or opening up an interior area. He stated there were no plans to change the existing building except for the one door that goes into the crib. Berg asked about a potential loss of parking spaces. Gundlach replied the applicant indicated he was willing to shorten the addition to 14’ to save parking spaces. Mr. Keaveny stated he had no problem with shortening the addition to 14’. Chair Rahn asked for any public comments. Austin Evans, 2497 Kelly Avenue, identified himself as the representative of Neighbors for a Better Navarre. Mr. Evans stated their group’s intent is to expand its representation with more people from Navarre. He referred to the Issues for Consideration, itemized in the July 19,2004 Staff Report, citing Issue #2 which points out the game room proposed is not a permitted, accessory or conditional Page 5 of 13 MINUTES OF THE ORONO PLANNING COMMISSION MEETING MONDAY, JULY 19,2004 6:00 o’clock p.m. (6. #04-3029 MICHAEL KEAVENY, 3423/3425 SHORELINE DRIVE, COMMERCIAL SITE PLAN REVIEW, PUBLIC HEARING- Continued) use within the B-1 zoning district or in any other zoning district throughout the City. Mr. Evans summarized that the games use should not be in a D-1 District and if allowed by Ordinance, it should be in a separate district. Mr. Evans referred to Issue #3, asking if the games room use is one deemed similar to the permitted uses in a B-1 retail sales business district. He quoted from Section 78-643 of the Zoning Ordinance for use permitted, such as neighborhood retail sales and commodities, neighborhood service business. He stated that a games room does not come within the existing Ordinance definitions. It is entertainment different enough to require its own criteria. Mr. Evans pointed out the subject property is as close to the residential neighborhood as the distance between a pitcher’s mound and home plate. Referring to Issue #1, Mr. Evans asked how the bowling alley could still be a non-conforming use since it had been closed for over one year. He suggested that there an effort is underway with the City Council to find a non-conforming use that would be feasible on the site, noting the staffs statement about the applicant working with the City to develop a plan for the use of the property and based on his attendance at city meetings. Citing from paragraph 1, on page 3, under Issue #1, Mr. Evans asked what is ‘strict enforcement of this section’ (of City Code), indicating he believed a use either is or is not a legal non-conforming use. He concluded that the bowling alley is no longer a permitted, legal non-conforming use as it has been closed for over one year and the Code does not allow for exceptions. Mr. Evans read into the record from Section 78-71 of Orono’s Zoning Code, Item #8, emphasizing language regarding allowing no expansion or intensification of a non-conforming use. Mr. Evans observed that the notice posted by the City regarding the planning application is not visible to the public road but to read it one must go over private property to see it. He asked the City and its staff to review the matter of assuring the posted notices arc \ isiblc to the public. Finally, on behalf of Neighbors for a Better Navarre. Mr. Evans requested the Zoning Ordinance be enforced. He advised their organization feels strongly that the City should develop a short-tenn and a long-term plan for Navarre, and during the plan preparation, a moratorium should be placed on all planning applications. Councilmember Sansevere responded to Mr. Evans reference regarding Mr. Keaveny working with the City Council, and as a member of the City Council, Sansevere stated he had no knowledge of the City Council working with Mr. Keaveny. Mr. Evans apologized and clarified that he meant to refer to the City, not specifically to the City Council. Mr. Keaveny explained he would be increasing green spaces and was trying to improve the building appearance and to make the building more user friendly to the bowlers. His plans are only to improve the entry, stairs, repair crumbling walls and a retaining wall, all to make the building a nicer, neater place. Mr. Keaveny commented he may need other things along with the bowling and pinball machines. Page 6 of 13 MINUTES OF THE ORONO PLANNING COMMISSION MEETING MONDAY, JULY 19.2004 6:00 o’clock p.m. (6. #04-3029 MICHAEL KEAVENY, 3423/3425 SHORELINE DRIVE, COMMERCIAL SITE PLAN REVIEW, PUBLIC HEARING- Continued) Kempf asked Mr. Keaveny specifically what is a game room. Mr. Keaveny responded that the game room could have video games, electronic games or a pool table. Gundlach referred to the legal issue of trying to close a non-conforming use, and that the City was unable to legally close a non-conforming use in the past due to an applicants efforts of working with the City to get a particular application approved. Gundlach indicated the City had been to court on a similar situation and lost. She indicated staff was advised that since Mr. Keaveny had been working with staff, i.e. the City, no efforts should be taken at this time to close the non-conforming use. Chair Rahn recommended concentrating on the issue of the non-conforming use. He observed that the application is showing an additional 2000 s.f. which is an expansion of use, and he was not in favor on supporting an expansion nor supporting a Zoning Code change for permitting a game room in the B-1 zoning district. Chair Ralin concluded that any expansion of a non-conforming use is against the Zoning Code. nremer remarked that she appreciated Mr. Keaveny’s efforts to improve the building appearances. Leslie observed that the fundamental issue is how to make the bowling alley a feasible business at its current location, and that it may not be feasible there any longer. Berg indicated she did not support any effort to rezone the location to allow the game room use. Mr. Evans reiterated the position of Neighbors for a Better Navarre that the bowling alley is no longer a non-conforming use as it has been closed for over one year. He advised their group will consult with their attorney for possible future action. Le.slie moved, Fritzler seconded, to recommend denial of Application #04-3029, Michael Keaveny, 3423/3425 Shoreline Drive, for a commercial site plan review with variances in order to conduct improvements to the existing building. VOTE: Ayes 7, Nays 0. 7. #04-3030 MARTHA A.L. SPENCER, 1005 WILLOW DRTVT SOUTH, VARIANCE, PUBLIC HEARING (6:45-6:50 p.m.) Craig Lagorio. JLM Dcsign/Build, 7155 Cahill Road, Edina, representing the applicant, was present. Curtis introduced the applicant’s request for a lake setback variance to allow grade level decks within 150’ of the OHWL c.; French Lake, a natural environment lake, and a hardcover variance w ithin the 0-75’ setbacK zone in order to construct lakeside decks over existing patios. She recommended approval of the variances as requested as the existing home is located entirely within the required 150’ lake setback and half is located within 75* of the OHWL, with the stipulation that the applicant remove all fabric and plastic liners on the property. f • EXHIBIT C CITYOFORONO ZONING FILE: 04-3029 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: Michael Keaveny COPIES: Paul Ode 13425 Highway 5 5040 Enchanted Road Young America, MN 55397 Mound, MN 55364 TYPE pF_APPUC_AJTION:_........Commercial_Site_Plan ................................ DATE OF MEETING: July 19,2004 Planning Commusion recommended as follows: Denial of the request to construct an addition to the south side of the building as it would be an expansion of a non-conforming use. Also, denial of the request to operate a game room out of the existing vacant garage stalls as a game room type use is not a permitted, conditional, or accessory use within the B - 1, Retail Sales Business District. VOTE:FOR AGAINST Applicant ’s next scheduled meeting is confimred as: City Council - Monday, August 9,2004; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission or Council minutes, they arc 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. r ri EXHIBIT D File X04-3029 Jul> 19,2004 Page 1 of4 Date Application Received: 6-9-04 Date Application Considered as Complete: 6-23-04 60-Day Review Period Expires: 8-22-04 To: From: Date: Subject: Chair Rahn and Planning Commission Members Ron Moorse, City Administrator 0'Janice Gundlach, City Plannerrr'-'. July 9,2004 04-3029, Michael Keaveny, 3423/3425 Shoreline Drive - Contmercial Site Plan Review with Variances - Public Hearing Zoning District: Lot Area: Frontage: B-1, Retail Sales Business District 1.58 acres (68.897 s.f.) 529 feet Application Summary: The applicant has submitted an application for a commercial site plan review in order to co:;duct improvements to the existing building. As per City Code Section 78-642 any application for a commercial building permit prompts a site review by the Planning Commission and City Council. The applicant has requested the following: 1) Commercial site plan review in order to obtain a building permit to construct a new entrance at the rear of the building and to convert an existing garage area into a game room (Section 78-642). 2) Hardcover variance to allow 90% hardcover on the site. The improvements associated with this application will not increase the hardcover above what currently exists (Section 78-1288). 3) Structural coverage variance to allow 23% structural coverage when 15% is allow'ed and 20% currently exists. It is not unusual for commercial properties to require a variance to this requirement, and variances have been approved for structural coveruge at 16% to 26% in the past (Section 78-1403). 4) A parking stall variance to allow 104 parking stalls when 133 stalls are required and 72 stalls currently exist (Section 78-1516). 5) Parking setback variance to allow the existing gravel lot (to be converted to formalized paved parking) to maintain a 10’ front yard setback from Shoreline Drive (Co. Rd. 15) when 20’ is normally required (Section 78-646 (c)). List of Exhibits Exhibit A - Application Exhibit B - Existing and Proposed Site Plan Exhibit C - Proposed Elevations & Floor Plans Exhibit D - Lot Analysis Worksheet Exhibit E - Structural Coverage Analysis File #04.3029 July 19,2004 Page 2 of 4 Exhibit F - Exhibit G - Exhibit H - Exhibit I - Exhibit J - Exhibit K - Exhibit L - Exhibit M Hardcover Analysis ■ Parking Analysis ■ Section 78*71 Non-Conforming Uses List of Permitted, Conditional & Accessory B - 1 Uses Denial Resolution from CUP Request 4-26-04 - Photographs - Property Owner’s List - Plat Map Background The applicant previously applied for a conditional use permit and commercial site plan review in early 2004 in order to convert the existing vacant garage stalls into a restaurant with liquor use. That request was denied on 4-26-04 and the resolution is attached as Exhibit J. The applicant is now proposing to construct a new entrance along the south wall of the building. Included with that request are plans to convert the existing vacant garage stalls into a game room with a connection to the existing bowling alley. The applicant has stated that serving liquor is not part of this proposal. The new entrance is proposed at 16 ’ X 132’ or 2,026 square feet (minus existing bump out) Several doors are proposed from the entrance to the proposed game room, existing bowling alley, and lounge area knowm as The Crib. The applicant has proposed to remove the existing wall of the western 88 ’ of the proposed entrance and install beams to support the upper level. This new space will provide area for coats, shoes, and potentially lockers and be open to the existing bowling alley and lounge area. It is unclear if the existing lounge will be maintained under this new use or if the wall separating it from the bowling alley will be removed. The applicant is also proposing to construct a new staircase connecting the upper level parking lot to the lower level parking lot. This staircase is proposed to replace the existing staircase that runs along the eastern building wall. The applicant will replace the existing retaining walls at a later date, which will not require a building permit as they do not exceed 4 feet m heiglit and will be constructed in the same location as the existing retaining wall system. Because the retaining walls do not require a building permit they have not been included in this commercial site plan review. Issues for Discussion There are a number of issues with the application beyond structural coverage, parking and hardcover. These issues pertain specifically to the uses existing and proposed and whether those uses are permitted under the current Zoning Ordinance. The structural coverage and hardcover requirements should weigh in on any decisions of what should be permitted on site, however, the Planning Commission and Council should determine whether the uses should be permitted first and foremost. The following must be considered when determining what uses should be allowed: 1. The bowling alley is currently a legal non-conforming use. The Code of 1968 listed a bowling alley as a permitted use and Navarre Lanes w'as created during I r-ii>~ File «04-3029 July 19, 2004 Page 3 of4 this Code. Tlie current code, adopted in 1975, omits bowling alley and any entertainment type use as a permitted use within the B - 1 zoning district or any other zoning district within the City. Therefore, Navarre Lanes has to be reviewed under the standards of Section 78-71 which is the Nonconforming Uses language attached as Exhibit H. It should be noted that #5 of this section states that if a use is discontinued for more than 12 months the future operation of that use must be in a conforming manner. The existing bowling alley has not been open for business for more than 12 months. However, because the applicant has been working with the City to develop a plan for the use of tltis propeny, strict enforcement of this section would not be supported by the legal system. 2. The ganre room proposed is not a permitted, accessory or conditional use within the B - 1 zoning district or in any other zoning district tliroughout the City (see attached Exhibit I). To allow the applicant to proceed witli construction of a game room would be in violation of the uses section of the B - 1 zoning district. A Zoning Code amendment would be required to permit this use. It should be noted that the B - 1, Retail Sales Business District is the most leniently regulated district meaning the higher intensity uses would be permitted in the B - 1 district. This may weight on any decisions to amend the Zoning Ordinance to permit entertaimnent oriented uses. 3. The existing B - I zoning district states the following; “Within any B-l retail sales business district, no structure or land shall be used except for one of the following uses or uses deemed similar bv the council...” The Plamiing Commission should discuss the statement regarding “...or uses deemed similar by the council...” to determine if the game room could be permitted without undergoing a Zoning Code amendment. The list of uses permitted in the B - 1 zoning district is attached to this report for your reference. 4. Because Navaiie Lanes is a legal non-conforming use it can only expand in conforming ways. The proposed addition could be viewed as an expansion of a non-conforming use because an interior wall is being removed and access will exist to the bowling alley from the addition. It could also be argued that because the addition itself (its specific floor plan) is not a non-conforming use (bowling alley) that it is a legal expansion. The Planning Commission should come to a consensus on whether the addition is an expansion of a non-conforming use or if the addition is merely a permitted accessory use to the existing non-conforming bowling alley. 5. The applicant has stated that liquor will not be a part of this proposad. If and when it becomes necessary it is anticipated that the City Council would undergo the steps necessary to rescind the 3.2% license that was previously approved and File W4-3029 July 19,2004 Page 4 of 4 not renew the set-up license that currently exists. Staff Recommendation Determine if the proposed game room is a use that should be permitted by Orono’s Code of Ordinances. Also, determine if the proposed addition is an expansion of a non- conforming use. If it is determine that the uses proposed should be permitted, examine the stinictural coverage, hardcover, and parking variances that would be required to be approved to allow the applicant’s proposal to proceed to the City Council. EXHIBIT A Application# 9 V-'bO'lM Data Received C/9/af Amount Paid ccc^ CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address Type of Application to be Filed n.C. ------:, f- Property Identification Number (P.l.D.)___________________£________________ APPLICANT .. Name . eci C. »■•«•-=—•>.- •- Phone (home) </'r ‘^PhoneCwork) *" ^ ~* ^^ ^/ Address / /City (■/«?«./!r d''/■•■ ettiv.i. - Zip :T5~3 *•/"'V' OWNER (if different than applicant) Name _______________ Phone (home). Address Phone (work) _ City______Zip. Date Property Acquired (month/year) I (do) (do not) also own the adjacent parcels of land. FEES - CONDITIONAL USE PERMITS - $600.00 Residential Accessory Use $600.00 Institutional (church, school, etc.) $600.00 Guest House/Guest Apartments $600.00 Duplex Credit/Bldg $600.00 Commercial/Industrial Use $600.00 Land Alteration + Permit _____ Grading and filling - designated wetland or flcodplaln _____ Grading and filling - 501 cu. yd. or more _____ Grading, seawall, retaining walls v/ithin 75* of lakeshore PRD/PID - see Fee Schedule $250.00 Renewal Fee (no change from original application) After-the-Fact Fee - Double Current Application Fee OTHER APPLICATIONS Xv $600.00 Commercial Site Plan Review (+ consultant fees) _______$600.00 Vacation _______$600.00 Easement Vacation _______$100.00 Easement Vacation With Subdivision _______$600.00 Rezoning (PUD - refer to fee schedule) $600.00 Comprehensive Plan Amendment _______$100.00 Appeals Other - see Fee Schedule’ 4^ O f\ - V’ o o -*4 » REQUIRED SUBMITTALS 1. 2. 3. 4. 5. 6. 7. 8. 9. Completed Application Form, Describe request in detail. Certified Property Owners List of owners within 350' of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department of Finance, Government Center, A-603 300 South 6*” Street. Minneapolis, telephone 612-348-5910). Certificate of Survey (signed by a licensed surveyor) - refer to handout for survey information. Attach legal description to application if not included on required survey. Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). ; List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). .Construction plan, if applicable (see staff for requirements). .As an addendum to this application, piease attach a separate list of any other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 3 COPIES OF LARGE DOCUMENTS AND 1 COPY FOR REPRODUCTION (11“ X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require scaled drawings of all documents, plans, etc. to be submitted.) The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff;_________________________ Date APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct tojipe best of his/her knowledge. Ji.DateApplicant’s signature TV ✓ OWNER'! SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. / Owner’s signature. Applicant must have all submitta's into the C^^ffices-2S days before \h^lanning Commission Meeting Planning Commission Meetings are held on fre th.ird Monday of each month. Applicants must be present at alt scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, p'.ease make arrangements to have an authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. f!§ .7*. TT l'.•A .* V • av.V y*' ,1 .mom • • • • z.t.-r.r^rn t—t •*.Mi*. 4 .• . *. » i 'Wj ■• £Ai*-T*»)4r * '. .•rs:wr/r ^ •*- * *. - --- -r.r: r........ ‘* • r-r—.'f .. . ~~^^~ 1 ^■*~~ • »•» - — —... _ . ^ .*ILl-{a>^iaBPa . ...... », . ~.4.wr-!“ .• •. .J ’ ' '• .^OOTH tUv'Kfloa V.I.' m X I Bi£vAnofj vifW op ^1EW EA/riiMic^ E H o r^*r \ FT7 1 ------r -rrrr—. J •. *. ....^,------ f-ras 3=^|rr 'I__it V “p- , ■!■ ji:ut |z_r t _V T' KtH*’^ • ••• • •• •««• • • • f'.T^r. rtKU «i«n4 W--W i fLAM • • • ^ a.#.,, -v-<^ ^ ‘J -^* ■*- • '' \:^-J \ v',5' v''Wv^ '■^£'i-4\. ‘ -*i#<Es:i' inpg ^ '-Vy V : KJCM« * «* ■SiJi, gfOf>v^c.e r' wr'']} urptp. Lkvti FLOOP- ptAM OP AJgW dinif \ c%f\ I 1— EXHIBIT D LOT ANALYSIS WORSHEET Building Setbacks B-1 Required Existing Proposed Front (street)35’57.5’NO CHANGE Rear (R-District)35’80 ’71’ East Side (street)35’123 ’NO CHANGE Right Side (B District)15’0’NO CHANGE The applicant ’s proposed entrance addition meets all building setback requirements of the B - 1 zoning district. Parking Setbacks Yard Required Parking Setback Proposed Gravel Lot Existing Lower Lot Existing Front Lot Front (Shoreline Drive)20 ’10 ’150’O’ Side (Kelly Avenue)10 ’10 ’85’123 ’ Side (B-1 Property)0’190 ’3’O' (shared) Rear (Residential Property) 10 ’80 ’10 ’167 ’ EXHIBIT E Structural Coverage \ Total Lot Area Total Structural Coverage 68,897 s.f (1.58 acres)Allowed; 10,335 s.f (15%) Existing: 13,715.22 s.f (20%) Proposed: 15,741.62 s.f (23%) Section 78-1403 of tlie Zoning Ordinance requires that all properties in all zoning districts be subject to 15% maximum structural coverage. The applicant is proposing a • 16’ X 132’ (2,026 s.f. minus existing bump out) entrance along the southern fa9ade of the building. The applicant has stated that the entrance is proposed to help control heating and cooling costs and to provide safer and more inviting entrances to the building. The entrance addition will provide an area for storage of coats and shoes and may contain locker facilities. Tlic entrance is proposed at 2,026 square feet (16’ x 132’ minus existing 10 ’ x 8 ’ bump out). This is an addition of 3% of structure on-site bringing the property from 20% to 23% total structural coverage. HARDSHIP It isn ’t out of the ordinary for structural coverage variances to be granted for commercial properties. In fact, variances in the past have been granted to allow for up to 20% or 30“/o for commercial properties. For example, tlie Service 800 building on Highway 12 had a structural coverage variance to allow 26.1%. The Zoning Ordinance doesn't allow for any exceptions for commercial properties however, commercial properties are not seen as critical as residential properties with relation to the 15% maximum. This requirement is a density issue and commercial properties are generally viewed as more dense, as their lot area and setback requirements are less strict as residential properties. The reasonableness of commercial properties having to meet this requirement, the impacts of the proposed entrance, and the benefits and/or disadvantages of the entrance should be discussed in determining whether a variance should be considered for this proposal. EXHIBIT F Hardcover Total Area of Prooertv Allowed Hardcover Existing Hardcover Proposed Hardcover 68,897 s.f. 24.114 s.f (30%; 250 ’- 500 ’ zone, 35%: 500'- 1000’ zone) 62,106 s.f.* (90%) 62,106 s.f. 1 (90%) NO CHANGES PROPOSED Because the applicant is proposing site improvements associated with the commercial site plan review a hardcover analysis is required. The hardcover was figured for the entire site rather than zones due to the commercial nature of the property and the amount of hardcover that currently exists. The proposal doesn’t include any new hai'dcover. The major changes that should be noted is the 16’ x 132’ proposed entrance and the existing upper gravel area being figured as hardcover as it is needed to meet par ’xing requirements. The non-hardcover areas of the site are a small area of grass along the southern boundary of the site facing residential property and a smaller, un-kept landscape area between the retaining walls separating the lower parking lot from the upper parking lot. The proposed hardcover breakdown i.s as follows: BUILDING 11,032 s.f PROPOSED ENTRANCE ADDITION 2,026 s.f LOWER LEVEL GARAGE 2,671 s.f BITUMINOUS PARKING AREA H 31,350 s.f CONCRETE WALLS 1 2,811 s.f GRAVEL PARKING AREA 11.391 s.f RETAINING WALLS 825 s.f. TOTAL 1 90% HARDSHIP The nature of this particular property is retail establishments at the front of the building and entertainment oriented businesses (Navarre Lanes/The Crib/Proposed Game Room) at the rear of the building. The grade changes between the rear and front of the building are quite drastic and cause the need for a stairway system and retaining walls. Parking also needs to be accommodated at the front and rear farther lessening potential areas for green space, all of which are hardships which have caused the existing 90% hardcover percentage. The existing gravel parking area in the northeast corner of the site is the site of an old gas station and has been the subject of past actions by the Pollution Control Agency in order to clean the site. Those actions have since been closed and there are no current environmental issues associated with the gravel area. This brings the potential for added green space. The applicant has proposed a parking plan for the lot which was reviewed 1 EXHIBIT G Parking Analysis Staff, along with the applicant, reviewed the site to determine the current and proposed uses and the amount of parking those uses demand. The City then determined how many spaces would be required in accordance with the Zoning Ordinance and also the amount of spaces required in accordance with two separate published parking studies. The reason the City reviewed these parking studies was to determine how the City ’s requirements compare to what may be considered auequate parking, and because the parking studies gave more detailed parking ratios. The following is list of the uses and their square footages. and the amount of parking required: USES Retail: Champion Auto - 6,912 s.f. Post Office - 200 s.f. Liquor Store - 1,368 s.f. Bowling Alley - 10 lanes at 5,225 s.f. Proposed Game Room - 1,890 s.f. Lounge (known as The Crib) - 535 s.f. PARKING REQUIRED BY ZONING ORDINANCE Retail; 1/150 s.f = 56 spaces Game Room. 10 + 1/300 s.f. of floor area in excess of 2,000 s.f. Lounge; 1/80 s.f. = 7 spaces Bowling Alley; 6 spaces/lane = 60 spaces TOTAL = 133 required spaces 10 spaces 1992 STUDY CONDUCTED BY THE PARKING CONSULTANTS COUNCIL Retail; Auto Parts Store (Champion): 2.5/1000 s.f. “ 17 Post Office: 3.3/1000 s.f = 1 Liquor Store: 4/1000 s.f. = 5 Game Room (Public Recreation); .33/person in permitted capacity = 57 Lounge (bar). 20/1000 s.f = 1 1 Bowling Alley (Public Recreation); .33/persons in permitted capacity 50 TOTAL = 141 required spaces 1991 STUDY CONDUCTED BY THE AMERICAN PLANNING ASSOCIA TION Retail: Auto Parts Store (Champion): 3.3/1000 s.f “ 23 Liquor Store: 1/400 s.f = 3 6.5/1000 s.f = 9 3 + 1/300 s.f - 8 Post Office; 1/500 s.f * 1 4/1000 s.f = 1 Lounge (bar): 10/1000 s.f ® 5 Average - 7 Average = I 1/50 s.f. = 11 Bowling Alley: Game Room: (amusement center) 2/alley » 20 3/alley = 30 4/alley = 40 5/alley = 50 6/alley = 60 Average *= 8 Average = 40 1/200 s.f. + 1/2 coin machines *» 9 + ? 1/150 s.f.+ 1/4 seats =13 + 7 1/50 s.f. = 38 1/1 game table = ? TOTAL =* 56 + Game Room Parking (maybe 45 machines) = 101 required spaces (assuming a number of machines) The applicant has proposed a plan with 104 parking stalls. The addition, at 16 ’ in width, would obstruct eight of the 104 parking stalls proposed. If the addition were reduced to 14 ’ in width these parking stalls could remain, which the applicant has agreed to do. After conducting this study staff discovered that the parking required by Section 78-1516 of the Zoning Ordinance may actually fit in line with what the two studies suggest is adequate parking for the proposed uses. There may be some justification for a parking variance based on the 1991 parking study performed by the APA. Weighing the restraints of providing pauking for the uses the building currently supports and the game room proposed, the Planning Commission should discuss whether there are hardships inherent to the site to support granting of a parking variance. The parking study information is provided as a supplement in determining if there is a hardship and if the site could support the amount of parking it demands. If the Planning Commission determines that the uses proposed fit within the guidelines of tlie Zoning Ordinance, staff would suggest that the applicant provide staff with a detailed floor plan that the City’s parking consultant can use to determine the amount of parking the City should require. ( EXHIBIT H Sec. 78-71. Nonconforming uses. Any land or buildings which were actually and legally devoted to a nonconforming use on January 1,1975, may be continued in the nonconfomiing use pursuant to conditional use pennit granted as specified and subject to the following provisions; (1)The nonconforming use may not be changed to another nonconformin use. Nothing in this chapter shall prevent the placing of a structure in safe condition when the structure is declared unsafe by the building inspector, providing the necessary repairs shall not constitute more than 50 percent of the fair market value of such struemre. A structure shall include such accessory features attached to the structure or located anywhere on the land, such as signs, marquees, or monuments. Wlien any lawful nonconfonning use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use. Wlrenever a lawful nonconforming structure shall have been damaged by fire, flood, explosion, ea thquake, war, riot or act of God, it may be reconstructed and used as before if it be reconstructed within 12 months after such calamity unless the damage to the building or structure is 75 percent or more of its fair market value as shown on the assessment records at the time of damage, in which case the whole of the structure shall be demolished; and any construction thereafter shall be for a use in accordance with the provisions of this chapter. WTicnever a lawful nonconforming use of a structure or land is discontinued and remains discontinued for a period of 12 months, any future use of such structure or land shall be in conformity with the provisions of this chapter. Any lawful nonconforming use of land not involving a structure and any lav^ul nonconforming use involving a structure with an assessor's fair market value upon January 1,1975, of $3,000.00 or less may be continued for a period of 36 months after January 1,1975, whereupon such nonconforming use shall cease, unless brought into conformity with this chapter. Any proposed structure which will, under this chapter, become nonconforming but for which a building permit has been law'fully granted not more than six months prior to January 1,1975, may be completed in accordance with the approved plans provided construction is started with’” six months of January 1,1975, and continues to completion within two years. Such structure and use shall thereafter be a legally existing nonconforming structure and use. Normal maintenance of a building or other structure containing or related to a lawful nonconforming use is permitted, including necessary nonstructural repairs and incidental alterations which do not extend or intensify the nonconforming use. Alterations may be made to a building containing lawful nonconforming residential units when they will improve livability, provided they will not increase the number of dwelling units or bulk of the building. (10) The nonconforming use provisions of this chapter apply only to the use to which land and buildings are put, and do not apply to situations where location or height of structures, lot size or other factors not involving the use of the premises prevent strict conformance with the requirements of this chapter. Where, however, such a situation existed legally under the prior applicable law, the council will not unreasonably require strict compliance and will generally look with favor on granting of a variance under division 3, subdivision II of this article. (Code 1984, § 10.03(5)) f \ ‘ i i j EXHIBIT I Sec. 78-643. Permitted uses. Within any B-1 retail sales business district, no structure or land shall be used except for one of the following uses or uses deemed similar by the council: Retail and service businesses. The following neighborhood retail sales and service businesses supplying commodities or performing a service primarily for residents in the sun’ounding neighborhood; a. Arts and school supplies store. b. Banks and insurance companies. c. Barbershops and beauty shops. d. e. f. 8 h. i. m y n. 0. P- q- r. Bicycle sales and repair. Books, magazines, record shop. Drugs, candy, ice cream, soft drinks, cosmetics and other usual drugstore merchandise. Dry cleaning and laundry pickup stations, including incidental pressing and repair. Garden supplies, florist shop. Gift or antique shops. Hardware store, paint store. k. Hobby shops, camera and photographic supply stores. 1. Jewelry shops and repair. m. Laundromats. t i Locksmith. Music, radio, TV, appliance sales and repair stores Newsstands. Office supply store, office machine store. Pet shop. .......... k r t i: 1 |it| s. Pipe and tobacco shops. t. Plumbing, electrical, heating, housewares, furniture, carpet store. u.Postal substation. V.Real estate sales. w. Retail food of all varieties and home supplies. X. y- 2. aa. bb. Sewing center and yard goods. Sporting goods store. Tailor shops. Temporary sales, such as Christmas tree lots. Travel bureau. cc. Variety store. dd. Wearing appzurel store, shoestore. ec. Off-sale liquor store. ff Home and garden equipment rental. (2) Municipal buildings. Municipal buildings where the use conducted is customarily considered to be an office use. (Code 1984, § 10.40(3); Ord. No. 152 2nd series, § 1,10-28-1996) S 78-644. Conditional uses. Within the B-1 retail sale: business district, no structure or land shall be used for one of the following uses without a conditional use permit: Garages for the servicing and repair of automobiles, provided repair functions are totally enclosed in a building. (2) Motor fuel stations subject to the provisions set forth in section 78-1373 (3) Restaurant (class 1), in which food is served to customers while seated at counter or table, or cafeteria, in which food is selected by a customer while going through a line and taken to a table for consumption. Neither • J live entertainment nor intoxicating liquor sales are permitted in class I restaurants. Restaurant (class II), i.e., a fast food, convenience, drive-in, or liquor store restauTcuit, which is a restaurant where a majority of customers order and are served their food to be consumed at a counter in packages prepared to leave the premises; or a drive-in where most customers consume their food in an automobile regardless of how it is served, or restaurants which ser\’e intoxicating liquor or have live entertainment. Off-sueet parking when the principal site of the off-street parking abuts on a lot which is another B or 1 district and is in the same ownership as the land in the B or I district and subject to those conditions as set forth in article X, division 5, of this chapter and such other conditions as found necessary by the council. Public service stmctures, including but not limited to electric transmission lines and buildings, such as telephone exchange stations, booster or pressure stations, elevated tanks, lift stations and electric power substations. Personal wireless service and commercial broadcasting anteitnas and towers shall not be considered public ser\icc structures. Day nurseries, provided not less than 50 square feet of outside play area per pupil is available and fenced. (8) Professional office and offices of a general nature. (Code 1984, § 10.40(4); Ord. No. 161 2nd series, § 8, 6-7-1997; Ord. No. 183 2nd series, §§ 1,2,2-22-1999) See. 78-645. Accessory uses. Within any B-1 retail sales business district, the following uses shall be permitted accessory uses: (1) Private garages, off-street parking and loading spaces, as regulated in this chapter. (2) Signs, as regulated in this chapter. Buildings temporarily located for purposes of construction on the premises for a period not to exceed time necessary to complete the construction. Decorative landscape features. (5) Fences, as regulated in this chapter. A (6) Any incidental repair or processing necessary to conduct a permitted principal use, provided that the incidental use shall not exceed 30 percent of the floor space of the principal building. (7) (8) Public telephone booths. Communication reception/transmission devices. a.Accessory antennas. Accessory antennas shall be limited to radio and television receiving antennas, satellite dishes, TVRO's, and amateur shortwave radio transmitting and receiving antennas. Accessory antennas that are accessory to the principal use of the property are permitted accessory uses in all zoning districts, provided they meet the following conditions: 1. 2. 3. 4. 5. 6. Height. A ground mounted accessory antenna shall not exceed 20 feet in height from ground level. Yards. Accessory antennas shall not be located within the required front yard setback, corner side yard setback or side yard setback abutting a street. Roofs. If vegetation or obstructions interfere with satellite signals at a location in any allowable placement area, the accessory antenna may be placed on the roof of any authorized structure on the premises. Setback. Accessory antennas shall not be located within a required yard or setback area or within drainage or utility casements. Anterma towers shall be set back from adjacent property lines a horizontal distance no less than the maximum height of the antenna. Building permits. A building permit shall be required for the installation of any accessory antenna requiring a conditional use permit. Building permit applications shall be accompanied by a site plan and structural component data for the accessory antenna, including details of anchoring. The building official must approve the plans before installation. Lighting protection. Each accessory antenna shall be grounded to protect against natural lightning strikes in conformance with the National Electrical Code as adopted by the city. 1 7.Electrical code. Accessory anterma electrical equipment and coimections shall be designed and installed in conformance with the National Electrical Code as adopted by the city. 8.Color/content. Accessory antennas shall be of a neutral color and shall not be used as signage. b.Amateur shortwave radio antennas and towers. Amateur shortwave radio antennas and fowlers which do not meet the conditions for accessory antennas, may be allowed with a conditional use permit in all zoning districts provided they meet the following conditions: 1.Height. Wlien an amateur shortwave radio antenna is mounted on an antenna tower, the total heiglit of the antenna and tower shall not exceed 65 feet. Yards. Amateur shortwave radio antennas and towers shall not be located within a front, corner side or side yard. j.Setbacks. Amateur shortwave radio antennas and towers shall not be located within any required setback area and shall be located no less than the height of the antenna and tower from the property line. (Code 1984, § 10.40(5); Ord. No. 161 2nd series, § 8, 6-7-1997; Ord. No. 183 2nd series, § 3.2-22-1999) I % EXHIBIT J CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO.5 I « A RESOLUTION DENYING A CONDITIONAL USE PERMIT, COMMERCIAL SITE PLAN REVIEW, AND VARIANCES PER MUNICIPAL ZONING CODE SECTIONS 78-644 (4), 78-642, 78-282, 7S-12S8 (B), 78-1403, AND 78-1467 (3) FILE #04-2977 WHEREAS, the City of Orono is a municipal coiporation organized and existing under the laws of the State of Minnesota; and WHEREAS, pursuant to State Statutes 412 et. seq. and 462 ct. seq , the City Council of the City of Orono has adopted zoning regulations for the protection of the public health, safety and general welfare; and WHEREAS, Michael Keaveny on behalf of Richard M Keaveny Rev. Trust (hereinafter "the applicant") is the owner of the property located at 3423/3425 Shoreline Drive within the City of Orono (hereinafter “the City") and legally described as follows- Lots 1 and 2, Block 2. KEAVENY ADDITION, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota (hereinafter "the property ’’); and WHEREAS, the applicant has applied to the City of Orono for a conditional use pennit, commercial site plan review and associated variances in order to operate a Class II restaurant and to construct a new entrance foyer expanding the current building footprint, requesting the following approvals; 1. Section 78-644 (4): CUP to operate a Class II restaurant (with liquor). 2.Section 78-642; Commercial site plan approval for a building permit to allow construction of a new entrance foyer, expanding the current biulding footprint, and interior remodeling to construct a restaurant. 3.Section 78-282 and 78-1288 (B): Variance to pennit 90% hardcover within 1000’ of Lake Minnetonka when 25% hardcover is permitted in the Page 1 of 4 Jmilk CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 I 61"__ 75’*250’ zone, 30% in the 250’-500’ zone and 35% in the 500’-1000’ zone. 4. Section 78-1403: Variance to permit 16% Lot Coverage by Structures when 15% is normally pennitted. 5. Section 78-1467 (3): Variance to permit an existing /,gn to be located 2’ outside the property boundary. 6. Section 78-1516: Variance to parking stall requirement where City Ordinance would technically require 147 stalls and only 104 stalls ai'c proposed. WHEREAS, the City Council has reviewed the application; the recommendation of the City staff and Plarming Commission; and the comments and written statements submitted by the applicant. NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby denies the requested conditional use permit, commercial site plan review and associated variances as described above based on one or more of the following findings of fact concerning this property: 1. 2. 4. Tlie property is in close proximity to the residential neighborhood to the south. The entrance and parking area for the proposed use directly abuts the adjacent residential neighborhood. The potential for increased levels of noise, traffic, activity, public disturbances, litter, damage to property, and calls to police that can accompany a site which serves liquor, have a high potential to be disruptive to the immediately adjacent residential neighborhood. The City Council on March 22, 2004 denied a liquor license for the proposed Class II restaurant. The granting of the requested variances would be contrary to the provisions of Municipal Zoning Code Section 78-123 with which the applicant must first comply in order fiiat variances be granted. The Council finds that: Page 2 of 4 i o». o ir CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ^ ^ The propeny in question can be put to a reasonable use if used under the conditions allowed by the official controls if the proposed variances were not gi-anted. b. The plight of the landowner was created by the landowi*.er, in that the need for parking variances is directly related to the proposed use of the site. c. Granting of commercial site plan approval and associated variances would appear to serve as a convenience to the applicant and the applicant has not demonstrated sufficient reasonable hardships or practical difficulties acceptable to the City Council. d. The conditions of the Zoning Code limits imposed and existing on this property generally apply to all other land and smactures in the zoning district in which this propetty is located 5.The City Council has considered this application including the findings and recommendations of the Plaiming Commission, reports by City staff, conunents by the applicant and the effect of the proposed conditional use permit, conunercial site plan review and associated variances on the health, safety and welfare of the community. Adopted by the City Council of the City of Orono on tliis 26'’’ day of April, 2004. ATTEST: I C'\cc. Linda S. Vee, City Clerk Page 3 of 4 % i CITY of ORONO RESOLUTION r THE CITY COUNCIL NO.5 ^ t I STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instmment was acknowledged before me on this^ day of 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal coiporation and said instrument was executed on behalf of tlie City. *f‘^yJL»^5l~i ’"I .Ck ^A k Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN lie. The foregoing instmment was acknowledged before me on this ^ day of —....t 2004 by Linda S. Vee, City Clerk of the City of Orono, a Miiuiesota municipal coiporation and said instalment was executed on behalf of the City. aesn’ RACHiLDOOCE •; inT'v.vruiu=-i--v.r.OTA t L /J f. I// Ccx?TLii*cn MV :3 | Notary Public Page 4 of 4 «*r* ♦♦ ^ ■ i’A V "M KilUy.- ^ %*' 5 <4^ »i» K?'- ^ /.* -• :^i; ” / •' •^rh- 'Ft -/i ;p ydt"l -r. •iK'Wv mmV- -jiff aiu.. .A \k:: .M;,.- ■' sytii, ■' ■ -vfii li -.v-: ;. ' ' T- ■ / ■ i ‘ r. '•-• ■ 'iV/i*; j./. A ^ • ■. / ;. r** ) . t • 1 \ . I ' ■ ■- « 1 I’p' 111 BKlldir'f‘'1 ■fsH' '■•Sr.llt ■, I. ! 38 1711723430086 C A. Hansberger 3HUJ Lyric Ave. Wayzata, MN 55391 38 1711723430090 Mark W Schmid 3499 Lyric Ave. Wayzata, MN 55391 38 1711723430099 C T Johnson & B A Jolinson 16110 9^ Ave.N Plymouth, MN 55447 38 1711723440009 Marchel Dittrich 433 5*^ St W #201 Waconia, MN 55387 38 2011723110015 1** National Bank of Navarre CO Road 15 & CO Road 19 arre, MN 55392 38 2011723120027 Ward E Edwards 2474 Carman St. Wayzata, MN 55391 38 2011723120034 Richard M Keavcny Rev. Living Trust 13405 Hwy No 5 Young America, MN 55397 38 2011723120053 Timothy J Thoele 2501 Kelly Ave. Excelsior, MN 55331 38 2011723120063 Bradley A Hoyt 253 Lake Street E Wayzata, MN 55391 EXHIBIT L 38 1711723430087 Tom C. & Julie M. Flynn 3473 Lyric St. Wayzata, MN 55391 38 1711723430095 Sandra Holman 3468 Shoreline Dr. Wayzata, MN 55391 38 1711723430142 Richard W Bloomquist 3333 Shoreline Dr. PO Box 121 Navarre, MN 55392 38 1711723440100 Donald McCarville 6649 Warner Rd. Mound, MN 55364 38 2011723110024 Super Valu Stores Inc. Corporate Tax Dept. PO Box 990 Minneapolis, MN 55440 38 2011723120028 Richard & Johanna Edwards 2480 Caiman St. Wayzata, MN 55391 38 2011723120051 Austin H Evans 2497 Kelly Ave. Excelsior, MN 55331 38 2011723120054 Michael J Kellcn 2503 Kelly Ave. lixcelsior, MN 55331 38 1711723770101 Leroy Koehnen 3360 Shoreline Dr. PO Box 8 Navane, MN 55392 IM. 38 1711723430088 Lyle C. & Joyce E. Scott 2508 Bantas Point Lane Miimetonka, MN 55391 38 1711723430098 Gemi-Tom Partnership C/0 Court MacFarlaue 1107 Hazeltine Blvd. #535 Chaska,MN 55318 38 1711723430155 Thomas H Fralim 3105 North Shore Dr. Wayzata, MI4 55391 38 1711723440102 Stephen H Sclimidt 2986 Highland Blvd. Moimd, mN 55364 38 2011723110032 Dav:d J Delaney 4800 Casamita Rd. Excelsior, MN 55331 38 2011723120033 Aleck G Oversell 3625 Alvarado Lane Plymouth, MN 55446 38 2011723120C52 Sylvia Bertagonoli 2499 Kelly Ave. Excelsior, MN 55331 38 2011723120055 Kelly Cove Hmowners Assn/Oron< 2497 Kelly Ave. Excelsior, MN 55331 \ 90 it s 90* (in (<i) •• 90 h* * 3 3 u L .yJGSTON AVE 90 vt r^s; « 90 m so ’ rs7^ A) r» » 3 -4^ m ,2 (43) q: QC 5 SO « • «o 3'^ so so fS r7w so sd ;• •« ♦2? X so SO •» If 3 m 50 so tn ,oi (es) SO so #• • so X (]41 # sc SO 5 ;f65; so '"To V . so so ^ i 3 *3 ^ 3 3^ r64j fj; f62; 1 ” .'-Vi., so s: so sc ' so ' 3 1 so 2,5 so *■ fi r7?; so •n * 12 (73) » <n •“ If r74; so 2 ^*2 (75) ^ -J 21*^ to «2 (76) SO •r ^ ^ ,rt 23 5 2 ?S — 79 3 (77) T:. ,(79) 50 y SO *c rl »r? fso; 42 41 SOsoSO LYRIC AVE •r, I so ^2 so to ,2 (102, so to ,2 (W1 SO to X rroo; SO SO SO # 22rr/< so so «1 to A s ■ SO 21 so 22 ; 5 so so /-* to tn 3 m3 so V to X SO to X so so^ X to sd to so o X 40.;' X SO to SC to If) 12 ► (90)(88) to*ra7;»2 • •b •(65)‘2 ^ 3 <’83; 5 3 •m 1 VfL 6,■('86;% 55'sd to so to so to flO« MM sd SO r» f" SO SO rt SC so so SO • 4 «i A 5 7 r? to;; m ,ri ,.2 .4 wi »2 n »2 to to 2S 3 to» 3 21 /r- «» •• i5,' 90 (93) SO (94) SO f9s; SO SO •> • ^ y*so 'U93) .i--- ------- .........•#rss; S2 3REhlNEBR ---------------------{HeSAH-N€M-5,-f=^T'66)--------------------------- .7 tf ‘ 'i ' ■ V/' .7 •2 * * * V • »• •■ •rf . 1 •• **l « y. . • / • V X *J ^ •u :2d- //7- 2 3-^ MUM MlMU Date Application Received: 06-23-04 Date Application Considered as Complete: 07-06-04 60-Day Review Period Expires: 09-06-04 TiAl IM^II l^4CrCTIM(5 AUG 2 3 2004 CITY OF OHUNO REQUEST FOR COUNCIL ACTION Dat«; August 18,2004 Item No H Department Approval:Administrator Approval: Name: Melanie Curtis Title: City Planner Agenda Seetion: Zoning Item Description: #04-3034 - Dave Mack on behalf of Robert P. Mack - 1580 Sixth Ave N Conditional Use Permit - Resolution Zoning District: Lot Area: Lot Width: RR-IB, One Family Rural Residential, 2- Acre/200’ width 3.75 Acres/163,650 s.f. 450 ’ + List of Exhibits: A - Resolution per Plamiing Commission Recommendation B - PC Action Notices dated July 20 and August 17 C - PC Memo & Exhibits of July 6, 2004 Application Summary: The applicant is requesting a conditional use permit in order to construct a berm consisting of approximately 5,600 cubic yards of fill (to come from excavations on site) along Sixth Avenue R________________________________ Planning Commission Recommendation On August 16,2004, Planning Commission voted 5-0 on the consent agenda to recommend approval of the conditional use permit with the City Engineer’s recommendations. Staff Recommendation Approval per the attached Resolution. COUNCIL ACTION REQUESTED Adopt or amend the attached resolution. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 78-966 FILE NO. 04-3034 WHEREAS, Robert P. Mack and Ardell Mack, husband and wife (hereinafter "the applicants ”) are the owners of the property located at 1580 Sixth Avenue North within the City of Orono (hereinafter the “City”) and legally described as follows: Tract D, R.L.S. No. 1418, Hennepin County, Minnesota (hereinafter the “property”); and WHEREAS, the applicants have made application to the City of Orono for a conditional use permit per Orono Municipal Zoning Code Section 78-966 Subdivision A to allow for the construction of a berm within the property along Sixth Avenue North. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. 2. This application was reviewed as Zoning File #04-3034. The property is located in the RR-IB, One Family Rural Residential Zoning District which requires a minimum lot ar a of 2 Acres and a minimum lot width of 200'. 3.The Planning Commission reviewee . .is application at a public hearings held on July 19, and August 16. 2004 and recommended approval of the conditional use permit based on the following findings: a. The applicants will meet all of the standards and conditions of City- Code Section 78-1286 Subdivision E. Page 1 of 5 b. The applicruits will comply with the recommendations of the City Engineer which are as follows: i. Metal fence posts shall be required for all silt fence installation due to the potential of winter construction issues; and ii. Construction entrance detail plate is required. Included must be geotextile liner, size of material accepted and minimum dimensions. 50’ long by 16’ width recommended; and iil. Indicate locations of blanket on plan, all 3:1 slopes or steeper; and iv. Indicate limits of cleari;'.^ and grading, as well as any land disturbance on plan; and V. Silt fence should be indicated around septic locations; and vi. In the SE corner of lot where concentrated drainage may be an issue, consider adding a second wrapped row of silt fence to control concentrated flow issues; and vii. In NW comer of lot, the end of the silt fence shall be wrapped towards the proposed home to contain runoff conditions, rather than abruptly ending the silt fence line; and viii. Install silt fence on the north side of the driveway to control runoff situations. There is currently no storage volume for sediment laden water to store; and ix. Note on plan locations for stockpiles and temporary control measures for stockpiles during construction; and X. Under Erosion Control Note 4, change “send” to “seed”; and xi. Under Erosion Control Note 3, indicate when removal of triangular silt dikes should be completed; and Page 2 of 5 F . nendations of the City all silt fence installation on issues; and quired. Included must accepted and minimum onunendcd ; and dl 3:1 slopes or steeper; ig, as well as any land eptic locations; and ated drainage may be an ped row of silt fence to [X fence shall be wrapped runoff conditions, rather ; and ‘ the driveway to control y no storage volume for :s and temporary control iction; and t “send ” to “seed ”; and dicate when removal of ted; and xii. Supply the City with the appropriate individual for a 24 hour emergency contact for erosion control related issues; and xiii. When NPDES permit coverage is obtained, provide the City with NPDES certificate of coverage; and xiv. Indicate who will be completing weekly ESC inspection log, and provide city with weekly copies of such log. 4. The City Council has considered this application including the findings and lecommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit per Orono Municipal Zoning Code Section 78-966 to allow a berm to be constructed subject to the following conditions: 1. Council approval is based on the site and grading 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 Plamiing Commission and City Council review. 2. The applicants shall comply with the recommendations of the City Engineer. 3. The applicants shall comply with Municipal Zoning Code Section 78-1286 Subdivision E, standards for conditional uses. 4. Autliorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by obtaining a land alteration permit from the City prior to commencing site work. 5. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. Page 3 of 5 jaw 6. 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 agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 23'** day of August 2004. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before n»e on this 23'** day of August, 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. 1 Notary Public Page 4 of 5 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acloiowledged 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 e vccuted on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this__day of by Robert P. Mack, husband of Ardell Mack. ,2004 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this__day of by Ardell Mack, wife of Robert P. Mack. ,2004 Notary Public Page 5 of 5 CERTFCATE OF SURVEY FCR ROBERT MACK or tract D. R.L S. NO. K18 H£f«<£P:N COUNTY. lylf^ESOTA .............. ^ X.. • .................••-..vw ♦, \ \\\ V ..•••• \ \ \A-V\--'•Titsr ■fX-Xv-X Xx--oovo>.:X^A\■•■••••> *. : •• ^ ( ; i i / ///// ••• W ■ 1o/f/Jm’ / f * : t : ................................... *•'♦**; L ........ •--if. -17#' “lu «* 4 • «M t Iiemf040^t Hf I «#*##•««» • «t«.f ^ UCM. unarrm or mcmca • CM 'w>tf ^ «4«a «M r^ »**«f »■■ I «k* I •* »«*MI Ml p»Mn M IM •• MaM* t« • »w»m* M«t• aaf t«M ^iiiTMia w .*..! £5Say—5=Sf fias.n!.»ir • i MMWhM MMtolM M—■ M4 k AMMM Mnr M»Ta aToiMir!^ ■MHIMTir. «««M UMM0 MW •» ItowraM *sss» •»■»• «,T rod ar<c PROJECT CEOfflK j»ASSOaATE^ C-4 C»| HI—, Ud Wxtygi. IM MS •MMm IH i% l«| L*4. W SSSM B>~47}-4 <«t_____________ ▲ 1 CITY OF ORONO 2750 Kelley Parkway PO Box 66 Crystal Bay, MN 55323 952.249.4600 ZONING FILE 04-3034 NOTICE OF PLANNING COMMISSION ACTION D\TE OF NOTICE: August 17,2004 TO: Aperfect Construction 314 Buchanan StNW Minneapolis, MN 55413 COPIES: Robert P. Mack 1650 North Farm Rd Long Lake, MN 55356 TYPE OF REQUEST: Conditional Use Permit DATE OF MEETING: August 16, 2004 Planning Commission recommended approval of the CUP with the following recommendation: The applicant must meet all of the requirements of the City Engineer as follows: 1. Metal fence posts should be specified for all silt fence installation due to the potential of winter construction issues 2. Construction entrance detail plate is required. Included must be geotextile liner, size of material accepted and minimum dimensions. 50 ’ long by 16’ width recommended. 3. Indicate locations of blanket on plan, all 3:1 slopes or steeper. 4. Indicate limits of clearing and grading, as well as any land disturbance on plan 5. Silt fence should be indicated around septic locations 6. In the SE corner of lot where concentrated drainage may be an issue, consider adding a second wrapped row of silt fence to control concentrated flow issues 7. In NW corner of lot, consider wrapping the end of the silt fence towards the proposed home to contain runoff conditions. Rather than abruptly ending the silt fence line. 8. Install silt fence on the north side of the driveway to control runoff situations. Tnere is currently no storage volume for sediment laden water to store. 9. Note on plan locations for stockpiles and temporary control measures for stockpiles during construction. 10. Under Erosion Control Note 4, change “send ” to “seed ”. 11. Under Erosion Control Note 3, indicate when removal of triangular silt dikes should be completed. 12. Supply the city with the appropriate individual for a 24 hour emergency contact for erosion control related issues. 13. WOren NPDES permit coverage is obtained, provide city with NPDES certificate of coverage 14. Indicate who will be completing weekly ESC inspection log, and provide city with weekly copies of such log. VOTE:5 FOR 0 AGAINST Applicant’s next scheduled meeting is confirmed as: City Council - Monday, August 23,2004; 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. i . r * ».c Memorandum Date:August 12,2004 To: From: RE: Chair Raiin, Planning Commission, City Administrator Melanie Curtis, City Planner ( | 04-3034, Aperfect Construction on behalf of Robert P. Mack, 1580 Sixth Avenue North Tliis application was tabled at your Juiy 19"' meeting at the applicant ’s request, 'me applicant wished to increase the size of the berm originally proposed and was unable to do so prior to the meeting on July 19"'. The applicant has since revised the plans and staff has submitted those, plans to the City Engineer for review. As of the date of this memo the City Engineer’s comments have not yet been received. Staff has had conversations with the Engineer regarding the changes in the bemt and has received preliminary approval. Staff will provide the Planning Commission with the City Engineer's comments at Monday’s meeting and those comments should be considered and added to any approvals. Planning Depailmcnt stall is recommending approval of the conditional use pennit for a bemt along Sixtli Avenue North with tlie stipulation that the applicant meet all of the City Engineer’s requirements. Attachments: A. Applicant ’s Request to Table B. Revised Survey C. Planning Commission Action Notice D. Original PC Report of July 6, 2004 % H r \y(\>r^(~'<>*^C —^£f— ^'/'Z^ y^ , r r CITY OF ORONO 2750 Kelley Parkway PO Box 66 Crystal Bay, MN 55323 952.249.4600 ZONING nLE 04 3034 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: July 20,2004 TO: Aperfect Construction COPIES:Robert P. Mack 314 Buchanan St NE 1650 North Fami Rd Minneapolis, MN 55413 Long Lake, MN 55356 TYPE OF REQUEST: Conditional Use Permit DATE OF MEETING: July 19, 2004 Planning Commission recommended as follows: The application was tabled as requested bv the applicant. VOTE: 7 FOR 0 AGAINST Applicant’s next scheduled meeting is confirmed as: Planning Commission - Monday, August 16, 2004; Meeting starts at 6:00 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. ii I lifill ■uAtUI f FILE #04.3034 July 6.2004 Page 1 of 3 Date Application Received: 06-23-04 Date Application Considered as Complete: 07-06-04 60-Day Review Period Expires: 09-06-04 To:Chair Rahn and Planning Commission Members Ron Moorsc, City Administrator From: Date: Subject: Melanie Curtis, City Planner July 6,2004 04-3034, Dave Mack of Aperfect Construction on behalf of Robert P. Mack, 1580 Sixth Avenue N, - Conditional Use Permit - public hearing Zoning District: Lot Area: RR-IB, One Family Rural Residential, 2 acre minimum 3.75 acre (163,417 s.f.) Application Summary: The applicant is requesting a conditional use permit to construct a berm along County Road 6. ________________ Staff Recommendation: Planning Department Staff recommends approval of the conditional use permit with implementation of the City Engineer’s recommendations. Pertinent Zoning Ordinance Sections Sec. 78-966. Prohibition. (a) It is unla\vful for any person to perform or have performed the following land alteration activities without a conditional use permit issued by the council: (1) Remove, fill, use for fill, dredge, store or excavate rock, sand, gravel, dirt or similar earth material within the limits of the city. (2) Fill or reclaim any land by depositing such material or by grading of existing land to elevate or alter the existing natural grade. I^ist of Exhibits A. Application B. Existing & Proposed Survey/Site Plan C. Proposed Berm Plans D. Submitted Hardcover Calculations E. City Engineer’s Comments F. Property Owners List G. Plat Map Background Aperfect Construction has applied for a conditional use permit in order to construct a sound blocking berm along County Road 6 in conjunction with the dev elopment of the lot RLE #04-3034 July 6. 2004 Pag^ 2 of 3 for a single family home. LOT ANALYSIS Lot AreaAVidth; The property exceeds the lot area and lot width for the RR-IB, One Family Rural Residential Zoning District with 3.75 acres and 450 ’+ in width where 2 acres in area and 200’ in width are required. Setbacks; The proposed home meets the required setbacks for the RR-IB, One Family Residential Zoning District. The berm also meets the required 5 ’ setback from property lines. Hardcover Calculations; The proposal falls beneath the allowed hardcover percentages as outlined in City Code Section 78-1288. CONDITIONAL USE PERMIT ANALYSIS According to City Code Section 78-1286(e) the following considerations and conditions must be adhered to during the issuance of construction permits: Grading or filling in any type 2, 3,4, 5 6, 7 or 8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland: ✓ Not applicable. Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible. ✓ The applicant has proposed silt fencing and has also proposed landscaping fur the newly constructed berm. Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible. ✓ The applicant has proposed landscaping for the berm. Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used. ✓ The applicant has proposed a silt fence to be installed surrounding the entire area to be disturbed. (5) Altered areas r.'ust be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil tmd water conservation districts and the United States Soil Conservation Service. FILE #04-3034 July 6.2004 Page 3 of 3 Fill or excavated material must not be placed in a manner that creates an unstable slope. ✓ The applicant has proposed a slope not to exceed 3:1. Plans to place fill or excavated material on steep slopes must be reviewed by the city engineer for continued slope stability and must not create finished slopes of 30 percent or greater. ✓ The City Engineer, Tom Kellogg, has review ed the plans and has made comments which are attached as Exhibit E. Fill or excavated material must not be placed in bluff impact zones. ✓ Tht berm is not proposed in a bluff impact area. Any alterations below the ordinary high water level of public waters must first be authorized by the commissioner of the Department of Natural Resources under Minn. Stat. § 103G.245. ✓ Not applicable. (10)Alterations of topography must only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby property. ✓ The berm will not negatively impact adjacent or nearby properties. (H)Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet horizontal to one foot vertical, the landward c.xtent of the riprap is within ten feet of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three feet. A riprap permit shall be obtained per the requirements of section 78-969. ✓ Not applicable. Issues for Consideration Are there any oll;er issues or concerns with this application? Staff Recommendation Planning Staff recommends approval of the conditional use permit with implementation of the City Engineer’s recommendations. 3 A CITY OF ORONO - GENERAL LAND USE APPLICATION Application# D V Date Receive d j )lOLyyf)U Amount Paid jl/UD / 00 PROPERTY LOCATION . . , ^ \ Site Address (^e:>.^~c).C J Type of Application to be Filed Property Identification Nurnber (PJ.D.) 'ZjS I \ ^*7 APPLICANT - Name _________ Phone7ho/mej(g'^^2;7g^~79"?9 Phonefworkr ■^-"79 ^ Address ^\JY:/U^\\.\/ Zip~^ OWNERiif different thanapplicant) - Name Pi /Vfe^jrK Phone (home^.5^)yy'l^Z^^ Phone (work)/^/^^ ) J- /?/j_Citv nrpZipAddress Date Pr l(d :e Pi^erty / ^Tt^ono^ Acquired Iso own the adjacent parcels of land. FEES - CONDITIONAL USE PERMITS - _ (month/year) ____$600.00 Residential Accessory Use ____$600.00 Institutional (church, school, etc.) ____$600.00 Guest House/Guest Apartments ____$600.00 Duplex Credit/Bldg ____$600.00 Commercial/Industrial Use v" $600.00 Land Alteration + Permit Grading and filling - designated wetland or floodplain X Grading and filling - 501 cu. yd. or more Grading, seawall, retaining walls within 75 ’ of lakeshore PRD/PID - see Fee Schedule $250.00 Renewal Fee (no change from original application) After-the-Fact Fee - Double Current Application Fee OTHER APPLICATIONS ______$600.00 Commercial Site Plan Review (+ consultant fees) ______$600.00 Vacation ______$600.00 Easement Vacation $100.00 Easement Vacation With Subdivision ______$600.00 Rezoning (PUD - refer to fee schedule) ______$600.00 Comprehensive Plan Amendment ______$100.00 Appeals Other - see Fee Schedule' Osf\ \ fj ....... f J REQUIRED SUBMITTALS 1. 2. 3. 4. 5. 6. 7. 8. 9. Completed Application Form. Describe request in detail. Certified Property Owners List of owners within 350' of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department of Finance, Government Center, A-603 300 South Street, Minneapolis, teleplione 612-348-5910). Certificate of Survey (signed by a licensed surveyor) - refer to handout for survey information. Attach legal description to application if not included on required survey. ’Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). ; List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). Construction plan, if applicable (see staff for requirements). ' As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 3 COPIES OF LARGE DOCUMENTS AND 1 COPY FOR REPRODUCTION (11" X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require scaled drawings of all documents, plans, etc. to be submitted.) The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff:_____________________________Date _________ APPLICANT’S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's signaturSf^^^ plied IS vue /av /hf cf^c^i c. Date / OWNER’S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. nmission Meeting Owner’s signature ^ _______Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetngs of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting.ice or this change prior to tne meeting. O’ (\ o. ,<3. ,.y a G>«rtlfelT C- i' •••*••••••« ‘•**^«k***»*«« •*•«•••••••»*«»*«««*««*4i*««*****«9«««a**»*»* s s • • I • * * • ......:................... • 9 • .!................. * - - ^ . - j : : ...........................t .............................. ........j.....................i * !. * !!!!!!*.!.!*.!!! ...............:.................................."*!............................*.......:........................... J....................................................................... . J • ; I • • ....... ...........j..;................................::|:::::.BQ.B;6R^;:MAGK;;;;;;;;;;;;|;;;;:;;;;;;;;;;:;;;;;;;:;j::-^ .................................... ..........................................................j....... .....«..I.....................................;****** ....................................................j..........................................................................................................................................*...»...I..........................................................................................................«•................ I•4•••••4 • J I • 4 .: J »94*«4*944**94444444«4*»44**«**«44444*44«444*444«4*»«4 »««*«»4»44«44*a.4**4«*94**44«4»4444*4*44«4>49*« ^••••4«44«4»«4k4249«94«44*4444«|«44444»444|9449«4«*9**44»4444 • 4««-*«444**4«44^«**4«»4*44»*«**«44444«4<4«r.«*«fl«aa44aa«*a«*4 • 44! •• 2 • ••■•••4444a4«444««*4»44444*9444*44«444««4*44*4444*4*t**4**«>-...................... *44«4444»« **4 «• t 4*a ••*ft4«a*44«44444»**«.4«*2aa«44«4*444«a44i •«« ••#49 »• * * 4 4 4 • • 4 »4»«»«*«4««4*^44««44«4444««44«4«#«4«4444444»4444 j44444444«444««4«44444«»44444 4 4 4444 ••444444»44#44 4 444«4#4 444 44 4< *«4<44*«*4*«.*«444*.4a«««»«4«44«*.«««4»««4^44<444«»«»444f«4«44444***4**«*4«4.444........................«4*4f«t.4^*4 4 • • . • %«**4444«44««4> 44»4«9444«*«4«4*444«4a«44#«444««44«*4«»«4*«44a44«44»«44««4«*«*«*444«4444»44444*44« • ••««4««a«»44»««^»4*a444»4««4t494444«444a42aa««a«4»44«44444444s«44*4444444444«4«4444*«a44«*fe«*«** a a 4 • a 44aa4«a»4aa 4«a»«4«*a44aaa*44a44»444a4«4a4|*«««4».4a4aa4aaa4444aaa442a4-4444«a444«a.4aa4«a4a44«*«*a««a44a«a4>»4a44a44a«»««»a4a*4a. a* «aaaa ajataa** J a***! 44444444 • 4a« 4 • # 444 ................................................ 4 4 «4 * * • * 4 4 • 44.4«4«a«44aa**«444a4*<4«44«*a4*a»444»4««*44a*«4*4»4*«»4ai44«44a»4a44*>444«4*aa44«*«aa»44a»4«*«4*444444»«a4«»«»a4«ar4»*«4«4«4a»*a BERM BROSS SE!Q1^10M _ _ _ _ _ _ _ _ _ _ _t . • • • • • • 4 4 4 4 (. .:. .. .i:;;;;;:;;;;;;;;;;;;;.;;;;|. .;. .;. . . .;. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .••4aa*44a4..4#444a44*44444244a44a4.444444444444a**4aJ*4'*«»*« « 7 i 4 4 4 4 4 • 4 4 * 4 4 4 4 a ♦ 4 4 4 • 4 4 a 4 4 • 4 4 ♦ 4 4 • • • S 4 4 J **444 444»44444a4aa4_ _ _ _ _ _ _ _ _ 4a44a4444444«a4«44444»4a4a*4'4 44a444444aa#4«44 I | ^ 4 S 444 4444444* •44444444444 4444 4 a* 4 444 *44 4 4 444 444444 444 44 4*#*44#*44#44*4*4*4 4*4 •444«444444#44*444*4i44«444444 44 •44444444«444 4#4*4**44#44#4#j44444 4444»4444#4#44*444»44444^444*44444*444*«#*4*4#44444444 ♦ • ..•.*•4... i .................................... , *J ,44* 4 4 4 4 Sa*.............................. ... ... ............................................................................... .. .. .. .. .. .. .. .. .. ... .............................. 4 4 4 4 ........................ .......................................................... 4 4 4 ........................................................ ,44444##4444 4a44444444#44444#aa4a44444444a444444444a4*4aa4 • • I44444444«444444444444#44a44a44444a24a«a*4aa444<4444444«4« • 4 I4444«a44*444444444444444444444444«*444a444444»4aa4#444a44 ; : 4 4 »4 { 4 * • I44<444a44*»44t444444a»4444444«*44444444444444*4444444444a*444a44444a4444444444444a424i I I • I »4444af4a4«444aa»4a444«44«*4444a4«44444a44444«4444*4444444*444444*44*444444444444444f4< 4*44 4... a.i. : »44444a4«a,44a«444444 »44*#44aa4 4»4444*444 4 I 4 44 a a 4 a « P444a44«a44444444a4444a4a444« 4 »a#4444444444444444#44444444l » 4'f 4 »444444444^a. ............... a...:.. .,4*..................................... 4 • ••4«4 4444 444444*«4444444444444 44 4444444444444444*4444 4 .............................:................................................................................................................ 4a4a44a4444a44a44a44aaa444a*4*4«a«44a4a4aa«44a44aaa • 4 4 4 t * J • 4 44*444444 4 444444»4a4«444»44444444 I4444444444444444#444a4#444444444*#444a444^44444.44444a44444^4444*«a444.4a444«.4a44a4444444a4444a4a4»4»«a44-4aa»a4a4»4»*4*4444a^444 ................................:.....................................:.............•.............................................................j....................................j** • .................................:....................................:...........................................................................;....................................14 4 4 4 4 4 4 4 r**4 4«4«»«4««4 4«44« •••4 4«4 »»*^»4a®4t4,»a4#*#4 4444444»4444 4«a44444 4#4444444 44 44at44a4a44*44**44444444 44 4444444l4444444444444«*44«44444*4444 4#4i444444*444»4444444*44*4444«t444«t*«a44444444444*44444444 44 44444444444a44*44444444444»a«4,*,**t#«a4t4444»*444i4*a44444t4444#4444444a#«44444atai4a4444444#444444444i44#444a44444##444444444444«444*44444444#44#44444444*444444444444444444##4a#**4a4#444*#44#*#*4#4444444*444#4^ 4 • 4 4 4 44 • 4 4 a# ••••• 4 Z ! 4 4 4 4 4 4 4 • X 4 a. 4 4.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..a, ■..4a4.444a44a4#4.a-a**4«4*'aaa. 4 V4‘*-*******»«**'*****»******'**«»**^**»*»*J‘**'**‘‘*****«»*«***»******'*****«»**'****’*****«*-**'**9*4»«***4a..44a44a444*a4.4.aaa*<4a44*#4#44aa44a4.aa4*4»44aa44#.a444a.44a4«*4444444aa4444a4.a#444#4-4a.4#444.44a4444a4444.4aaa4*a4444444444»44444#a44444«.a4a4. 444449444444444444.♦444444444«44..a44444a4 2 2 4 4 • **4 4 4 4 • 4 4 4 4 ...............................................................••|44...aaaa.a ...........................•..••...•f..4.a4a4.4.444 ..................................... .. 4. .....4. .a.................................................................................................. a.**.. 4, .44. 4. 44. 4.44. a. 4... ....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................^.*.4444................................................................................................................................................................................................................................................................................................... ••4..4.4444444j4«444«4.44aa ..44.44.4l.42a444.a44.4444444»4.4 4 2 • 9 * 2 a a 2 2 2 2.2 a • 4 ....I.....' :...... ........................ ..I.........................................I........................... J J ? ^ J ^ J ^ 14 4.4 S'l « • * ^ * * s * s • * ? t..........................i...........J.*.*...... ■5,'X ♦ • • • ♦ » •• I * • ? ; ............... ♦. •j..........................;5 * 5•.....................................: .X. J I*..a.............I • . • ; ; : : : : ; I ..........................s..............................:......................... •:.................... J.................' J 1^4 4 4 ••44«aa 44 • aaa4*4a444*444a«8a44««a4444*44*a«a44«a4*44»444444«44«4 44»44*44«4444444 4 *•• 4# 4 4 44a4»4«44444*2a • ....................................w..........i........................ ..........i................-;.vi 44444«44444444444444444444a4«4444a4444*4444444^4444#44 »444444a44*ail I .............t ......................... t I ^ S, a«a444444444a44«4«4444«a44444a4444444aa4a44444444444*#444444*a4444a44444a44«444444«4«a4*444444444444444«4a44«4a444a444« a • 4 4 • • a 4 *4 • 4 4 •• 44 4 • •• a • 4 #•* 4 • •••• 4 4 4 • •• • •• •• • • • • • ••• • • •• • ••• # »4 • 4 44**44 44*4«4*4 444 4#4«#44« .............. ..................................:....................................:.....................................:....................................i....................................i. ..............................j.................................................................................................................................................................................................................................................... ^ : • : : • # it i ^ *...........................'ll! 4 4 4444a»a444*4444a4444a44444#44a44444444444444«*a«aaa4a4 |>4aa4aa44*«aaaaa4*4a«>a**2*4«444»4i a aa aa .44 *. a a| . . 44 a 4 » a » 4 a 44 4 4 t a 4 4 4 4 4 4 - a ^ 4 » a 4 4 4 4 • 4 4 4 4 4 4 a . a a « ^ 4 4 4 4 « 4 • 4 4 4 - 4 * 4 a» 4 44 a I** * * * J ^ ^ J ••*•*••••*•••«•••••• * a 4 a J < 4 4 4 a a 4 . a a ^ - j j , ......yix....................................'^o...............................................................................70 ...............................................................................//o..............'/io............./3.0 ................•....................•............... I* *•»»»« 4 ^a a?7»a« **4*4 4«« »•«»«#«« ^?4aa44 444444 •••*444»4 44444IT4 aa 4 4 444 4 4 *4 4 * 4 • a 4 4 • • 4 4 • *«4 • 4 « 4 44 4 # 4«** •• • 4 • •# • • • 4 «4 • 4 4 4 • 4 4 4 a a a 4 4 4 4 •• 4 4 • 4 • • 4 4 • • *4 4 4 44 • 4 a 4 4 4 4 a 4 a 44 44 4444444444444444444444*4444444444444 *44 4 a4 4444444444444444444444 44 44 44 4«#44444444444a444 44 4*4 4 4 4 4 4 4 4 • 4 4 * 4 4 * 4 4 4 4 4 •* 4 a 4 4 4 4 4 4 a 4 444 4 *4 4 4 4 4 4 4 4 •/a • a a 4 4 4 #4 4 4 4 4 4 9 a 4 #44 4a a a «• 4 • 4 44 4 4 4 4 4 444 4 4 4 a 4 4 Fa 4 4 a a 4 4 a 4 4 a 4 4 44 4 #44 4 444 4* 4 4 4 4 444« 4 4 4 4 « 44 a«4 4 4 4 4 4 4 #44 4 4 4 44 4 44 4 44 4 4 4 4 44# 4 4* 4 4 4 4 44 9 4 #44«4«4 • ................... _ ___ _ __________ ------------------------------------------------------------i-----------..-w..J . I't X ? * • • J • • • I...I....................................................................................................................................‘I ...................................................................................................... .......J....................................................................................................................................................................................................................................................................J................. **************************** *1 ***************************** I ****.**•*•*•*.•..••••••••..*.*•••••**•*****'*.••..•■•■******....•..•...•.• 4 «**.•.•*•••••••*•*•****■*** ..............................................................:..........................:..........................j« : * * •444444444444 444 44 444 4444# 4 M444#444#4«« 4*«4«*«#«*«*«444 4 # 4« 4 »444« •#« 444« ■ 1 ^»«4*t44*4aa4444444444444%aa44aa«*4*a»4«44aaa»4*«a44a4444a.4a I A *• . M . . . .|| ............I............... i................. 4 ^444 44 a a 4 4 * •44 a4aV«4a444a44a4a4»4«444«aa« a ^4# a4a44^a4aa44a94444aa44* • I ....I....*. T J ; : I : I X • * •.......................................................................................................................................................................................I.................................................................................................................................................................................................................................................................................................................................................. #4a444#44*a4a*a4444aa4*a-.»aa44444a4»444a*a4a4a44aaaJ>4444.a4*4«44a4aa4.44**aai4*a.a4**44a4a4.4«4444*aa.Ja4 .*a4a4444<a,4#«4a44aa*a|..«aa,**,«*9^,.****a,aa«,i*aa«a44,a44*44444aaaa*4aa44444#a444a.»aa#aaa4.4aaa444aaa»i4444444444444a44aa4a|**a44*44a444 4.444444»a44aj44 44 444444#44»aa44444444a4*a44444444aa4 aa4444aaa4*««*«4444*4*«a«**4a4a*aB4aa44«a444»4444*4|«*»4a.44«44*4444««a4aia4*|4444a«444444* 4a4a444444aataf.a»a4«a4* 44a4a444»4444X •#aa4*aa444a#4aaaa4aaaa4afaa*a«aa»4a«a44444444444a4j4aaa44a44444#444*44444a#4544#4*44*a4444ia44aa44a444j4aia4444*4a4*aa**«4*«4#44X#aa44*a44a«44aaaa,a4aaaP*4aa4aaaaa#aa4a .••444aa444a4a44##aa44a4ajaaa4aaa444a4a»4aa#444a4a«!4*aa#a44444aa44aa44*4a4aa •a*aa4*«a##aaa4444444#444laa*#44»4a*4*444444aa4#a*af*4aa4aa4444a44»4aa *#.aa44{aaaa#.aa4a4a*.a444444444-|44aaa44#4a#a4a4aa4a4aaa4a}a»a4aa4444 «*a*4aaaaaaaaa-**.44444aaaaa#4a*aa**aa.*a4aaa4a.aa#444aa.aa4aaa44a.aaa4aa4a#aaaa4 ......................................a.................................................................. 4 aa«a4aaa ■«4«aaaa*a44*aa«#»>a4a* 4 • a aa#444a • **#4 4* a4a4444a« 4«44aat 1444^4 ••• 44^444444*4444««44444M4 • 4 •9aa4a4aa4«4aaaaaaa44aa**4a*a#4a •4«444aa4< ............. kaa444aa4444f« 444441 > a 4aa*4aa44a4a44 44 4< .....................**i..........................!.......... »afc4.at44a4a4444aaa4«4aa4a*4a'^a*«a*f94aa4 i t»«lT-^TrTT1--------------------------—.pa,..a..».aaa-aaaa.a44444 444444a4^44a4a»aaaai • a.-*, a. 444a4a444444*44#iaa«4a4a.a#aaaa4444444a.*-X44aa*a4^ » 4444444 4444 4aa 44 4444444 44 4444 4| •4aa4a4444#»44a4aa 4«aa»«»a«4«a 4a4aa444aa4a44#44a4444444444a *4aaatat4a4a«4*-aaatfla. a444a4 >*444*4441 ! »444444«a*4*|a«**a*aaa4<I ••• 4 449 ( kaa*aaa4*****aa »aa*4 «a*4aaa« >aa4»4.4.a44« a4***a • *a4 4 • • «444 a «4a*4 • ...a.................... ..,.^..J,.,....»......a.»..a..•■.•.♦••♦****J^‘***********"***'********"****'***“*****"'***‘**.**‘*’*' 'f ^9' * " * *..............:.........-............... ................................................................j.............................j****-..........................:.............................................................j......F.....va4.......... ......................j. ......................1 ........................1 ...................................r..........................a.^9.■... • ••••.••aaaaaaaaaaaaaaaa** a#*#44*a9aa *94l94 •I »44«* 4 a4444a*4aaaa • a< *#4444a44a444^4*4a4«< )444aaaa*aaa44a44aaaa«i •4444*444a4»4444444«44< K9444a4444^a a49444a4*44 »444444*44*44 4^ 44a44«4^4*< *4.«a.aaaaa4< » a 4 a a 4 44 « .4*a*a*a4aa44«44444« i444*4***444i »44aaaa*4«9aa a»44*i I4****^«4a44444444l »4444#aaa*a4a44aa44*4a4444a44*4a44a4a94aa44< a*aaa44a*44444a4**aa a44«a*44»a4a*aa4aaa4aal . *4 * • m * m sattBtrP HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75* <^-250’^ 250-500' EXISTING HARDCOVER IN ZONE A. House X ______________ “ Length X X X B. Garage C. Driveway X X D. Sidewalk X X E. Palio/Dcck F. Landscape Underlain By Plastic Or Fabric X X X G. Other TOTAL HARDCOVER FN ZONE TOTAL PROPERTY AREA FN ZON^E A - B PROPOSED HARDCOVER IN ZOIVE’ A. House Length X X X B. Garage C. Driveway X X D. Sidewalk X X E Potio/Dcck X X F. Landscape Underlain By Plastic Or Fabric X X X O Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A - B Width m d X 100 Width m m xlOO 500-1000' i|tf. on ^04> \lo 74 0 0 3l7 //. 543 ii^on SF. SF. S.F. SF. SF. S.F. S.F. S.F. S.F.- S.F. S.F. S.F. SF. S.F. A B S F. SF. SF. S F. -5 tA£?P SF. S.F. S.Fv SF. SF. SF SF S.F. S.F. SF. -S.F. _SF. /g.gy.____y* A B / /i^AcK '7*Z-o4 HAIU)COVER CALCULATION WORKSUEET SETBACK ZONE: (CIRCLE ONE) EXISTING HARDCOVER IN ZONE A. House _________ 0-75* K 75.250’ ^0-S0d7 500-1000' Length WidUi X X X B. Garage ► C. Driveway X X D. Sidewalk X X E. Palio/Dcck X X F. Landscape Underlain By Plastic Or Fabric X X X O Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _ _ _ B X 100 PROPOSED HARDCOVER IN ZONE* A. House Length Width X X X SF. SF. S.F. S.F. S.F. S.F. S.F. SF. S.F. SF SF. SF S.F. SF. SF S.F. % A B S.F. S.F. S.F. S.F. J/]|Bonestroo Rosene ^ VI Anderlik & ^ \J^ Associates Engineers^ Architects 2335 West Highway 36 • St. Paul. MN 55113 Office 651-636-4600 • Fax: 651-636-I3I1 WWWbonestroo com 0<Hi&it e 1 3.< CllVC.’-Oi’o^YoJuly 9,2004 Ms. Melanie Curtis Planner City ofOrono Post Office Box 66 Crystal Bay, MN 55323 Re: Robert Mack Berm Pile No. 139-04 COO Plat No. 04-3034 Dear Melanie: We have reviewed the proposed grading plan for 1580 6"* Avenue North. The proposed improvements include the construction of a berm along C.R. 6 and associated site grading for a new home construction. We have the following comments with regards to engineering matters: • The proposed berm is located along the south side of the proposed driveway. The grading plan docs not indicate a ditch between the toe of the berm and the driveway. The grading plan should be revised to include a ditch along the south side of the driveway. • We visited the site and discovered a culvert parallel to C.R. 6 under the existing shared driveway. The proposed berm appears to impede flows to this culvert. The grading plan should be revised to show the culvert, culvert inverts and a ditch directing drainage to this culvert. • The plans should include erosion and sediment control details, planting and restoration information, a typical ditch section, and ditch restoration details. If you have any questions please call me at (651) 604-4863. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. /crM Tom Kellogg Cc: Greg Gappa, City of Orono • St. Paul. St. Cloud. Rochester, Willmar. MN • Milwaukee. Wl • Chicago. IL Act«on/l^«l impioyr m4 Oarofti KUN0ATi;:W>t/7aM 38 2611123320003 PROP AODR 1570 SIXTH AVF. N OWNER NAME J E WllllMANfi DM WMIIMAN TAXPAYER JOHN E WHITMAN NAME/AODR 1570 6111 AVE N LONG LAKE MN 55356 38 2611823320007 PROPAUDR 1550 SIXTH AVE N OWNER NAME P WORDWAY &CSORDWAY TAXPAYER PHILIP W/CASSANDRA S OROWAY NAML/ADDR 1550 SIXTH AVE N LONG LAKE MN 55.t56 38 7611873330079 PROP ADDR NR5 SIX IH AVE N OWNER NAME W l•l•ARCTl& H A PEARCETRSICS TAXPAYER WILLIAM & BARBARA PEARCE NAMC/ADDR I4K5C0RDN0 6 LONG LAKE MN 55365 38 2711823410006 PROPADOR 38 ADDRESS UNASSIGNLD OWNER NAME STATE OE MINNESOTA TAXPAYER NAMIVADDK DNR REAL l:S I AT E MGM f ATTNDEBDIE CUR I IN 500 UEAYLTIt RD SrPABLMN 55155 HENNEPIN COUNTS' PROPERTY INFOKMAIION SYS I EM PROPERTY OWNERS LIST 38 7611823320005 PROP ADDR 1540 SIXTII AVE N OWNER NAME AURTIlUR F SCHLOBOHM IV LT AL TAXPAYER AURTIlUR FSCHLOBOHM IV NAMPyADOR 1540 SIXTH AVE N LONGUKEMN 55356 38 7611823320006 PROP ADDR 1580 SIXTH AVE N OWNER NAME WHITMAN RJ;AL ESTATE PTRSHP TAXPAYER JOHN E WHITMAN NAME/ADDK IS70 6THAVF.N LONG LAKE MN 55556 38 76II8733700<W PROPADOR U80 SIXTH AVLN OWNER NAME R G HAUSER * S E HAUSER TAXPAYER ROBERT C & SALLY E HAUSER NAMryADOK 148(1 SIXTH AVLN lONGLAKCMN 55356 38 761182 3320017 PROP AODR 1550 SIXTH AVE N OWNER NAME P W ORDWAY 4 CSOROWAY TAXPAYER PHILIP W/CASSANDRA S ORDWAY NAME/ADDR 1550 SIX III AVLN lONGLAKLMN 55356 38 2611873330032 PROP ADDR 1600 LONG LAKE BI.VI) OWNER NAME CAROL JCAIACOH TAXPAYER CAROUEANCA3ALOH NAMryADDR URK) LONG LAKE BLVD LONG LAKE MN 55356 38 261IB23330033 PROPADOR 1525 SIXTH AVLN OWNER NAME SB4SG MORRISON TAXPAYER SCOT 1 H & SHI RYLG MORRISON NAMC7ADDR 1525 61 HAVEN LONGI>KI MN 55)56 38 27II8734400U<3 PROP AOOR 1650 NOR TH FARM RO OWNER NAME ARDLLLM MACK TAXPAYER ARI3ELLMMACK NAME/ADOK 1650 NORTH FARM RD ORONOMN 55356 PROP ADDR 38 2711823440010 1680 NOR1H FARM RD OWNER NAME T A EBERT * M E EBERT TAXPAVLR NAME/ADDR THOMAS EBERT 1680 NORTH FARM RO LONGLAKE MN 55356 iCFR I lEYTHATTMEFACTSREPRESENfrKDARE ANACCUKATL AND TRUERF:i’RESENrrAI10NOF INFORMATION AS IT’ APPFy\RSTHIS DATEONTIIC RECORDS OFTIIE HENNEPIN COUNTY TAXPAYER SERVICF.S DLPARTMLKUPTHE OFMVKNOWtEO:;EANOBEUCF.^^^^^^ rnuL.. • T •• J-); ^ ] Ca:*!1 •: p T •S<trii»tr4 Hennepin Hennepin County Taxpayer Services Department XX n 26-118-23-32- TANGLEWOQO SEC DON Ft»t ter.THW Tit ‘^Lsees LONG LAHB •V •QO^V- 11 27-118-23-44- jOHNsn"“f. ■ X-Ci *mI ■ K^i^RANGBfkNT *0^ ' ■ i; / • .Ae— ALBERS LOvr; /• ' ^ y 0M 26-118-23-33- ALBEES LOiVG itMf'aM 40 Parcel Information Parcel ID 2611823320006 ouse Number 1560 treet Name SIXTH AVE N 77ns i$ not a hgaHy racordad map. It rapraaanta a compilation of information and data from City, County, and Stata road authoritiaa and othar sources. ^ i Date Application Received: 6-23-04 Date Application Considered as Complete: 7-7.04 60-Day Review Period Expires: 9-6-04 n4rcT!Nj(^ AUG 2 3 2004 CITY OF ORO.'vO REQUEST FOR COUNCIL ACTION Date: Aur.ist 19, 2004 Item No.: '3' Department Approval:Administrator Approval:Agenda Section: Zoning Name: Janice Gundlach''^ Title: City Planner Item Description: #04-3037, Wayzata Country Club Grounds Department 430 Old Long Lake Road - Variance - CUP - Resolution Zoning District: Lot Area: Lot Width: RR- IB, One Family Rural Residential District (2 acre minimum) Total Club Area: ~165 acres witli -155 acres within Orono 430 Old Long Lake Road: 36.721 acres Approximately 1,000’ along Wayzata Boulevard List of Exhibits A - Resolution per Planning Commission Recommendation B - Setback Variance Withdrawal Letter dated 8-19-04 C - PC Action Notice 8-17-04 D - PC Memo and Exhibits of 8-10-04 Application Summary: Applicant requests the following conditional use permit and variance to permit construction of an 18 ’ x 60’ addition to the existing maintenance building: 1. Accessory building setback variance to allow an addition to the existing maintenance building to be setback 41 ’ when 50’ is normally required and 45' currently exists. 2. Accessory building area variance to allow a single building to be larger than 3.000 square feet and to allow the total area of all accessory buildings to be greater than 6,000 square feet. (The applicant has withdrawn request due to the Planning Commission recommendation, approval of #2 is the only request) Planning Commission Recommendation The Planning Commission at their August 16,2004 meeting, on a vote of 6-0, made the following recommendations: 1 . Denial of the setback variance to allow an addition to the existing maintenance building to be located within the required 50’ setback from the Luce Line boundary. 2. Approval of the accessory building area variance and conditional use permit to allow a single accessory building to exceed 3,000 s.f. as the property is of sufficient area to accommodate a larger building without negatively impacting any adjacent neighbors. 1 I Staff Recommendation Approval per the attached Resolution. COUNCIL ACTION REQUESTED Adopt the attached Resolution granting an accessory building area variance and conditional use permit for Wayzata County Club’s Grounds Department at 430 Old Long Lake Road. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 78-1434(2) AND A CONDITIONAL USE PERMIT PER SECTION 78-418 (4) FILE NO. 04-3037 WHEREAS, Wayzata County Club, (hereinafter “the applicant”) is the owner of the property located at 430 Old Long Lake Road and also 200 Wayzata Boulevard witliin tlie City of Orono (hereinafter the “City”) and legally described as follows: See attached Exhibit A (hereinafter the “property”); and WHEREAS, the applicant operates a country club on the property pursuant to an existing conditional use permit; and WHEREAS, the applicant has made application to the City of Orono for a conditional use permit per Section 78-418 (4) and a variance to Orono Municipal Zoning Code Section 78-1434 (2) to allow an addition to an existing maintenance building which will create a single building in excess of 3,000 square feet. NOW, THEREFORE BE IT RESOLVE*! by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #04-3037. 2.The property is located in the RR - IB, which requires a minimum lot area of 2 acres. This property is a conditional use and is in excess of the 2 acre minimum area requirement. Page 1 of 5 } 3. 4. 5. The Planning Commission reviewed this application at a public hearing held on August 16,2004 and recommended approval of the variance based on the following findings: a. The property is in excess of 100 acres and can therefore support a larger building than is permitted by the Zoning Ordinance. b. The Zoning Ordinance does not specifically regulate sizes of single buildings on properties greater than 9.0 acres. c. The addition to the building will not negatively impact any neighbors or the Luce Line Trail located to the south. d. The addition will meet the required 50 ’ setback from the Luce Line Trail boundary The City Council has considered this application including the findings and recommendation of the Plaiming Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variance on the health, safety and welfare of the community. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance and conditional use permit would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preser\e a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit per Section 78-418(4) and a variance to Orono Municipal Zoning Code Section 78-1434 (2) to allow an addition to an existing maintenance building which will create % single building in excess of 3,000 square feet, subject to the following conditions: Page 2 of S 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. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. This variance resolution will also act as an amendment to the conditional use permit which this property is currently operating, as the country club is a conditional use in a residential zone. 3. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (August 23, 2005). 4. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned applicant has read, imderstood and hereby agrees to the terms of this resolution and on behalf of the applicant and the applicant ’s heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 23"* day of August, 2004. ATTEST; Linda S. Vcc, City Clerk Barbara A. Peterson, Mayor Property Owner(s) Page 3 of 5 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of , 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Miiuicsota municipal corporation and said instrument was executed on behalf of the City., i Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of 2004 by Linda S. Vce, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 5 .^1 < T •r > EXHIBIT A . !>es«^^v^>T7o^J ‘.?P6rccl 1 • ^ • ,Trnct 1: f • Tract 2: I • #• **• •* •*** All br the followlnir described Tracts: .U or LOU 59 ona « tut pert_^^ abandoned tor's Subdivision Number l8'l from W =nd°6° ^oia Auditor^s SubaivUloo^NuUu^^^^ .odltor's subdlvuloo Is 33 fscb Town Hood os now laid out ana cravex. following northeasterly (peasured at rig ®„^,theast corner of the described liner. u6 North. Bangs 23 Southwest Quarter or Scctio 3 • • J Southwest Quarter. West; thence north along the east line or saia 3118.4 feet to the actual g"Ja.j,eagtcrly direction described; ‘*°^g%es"55'‘l?nutes to Trunk Highway No. 12 and . “eVr! re?l!n!tiil! .1? In pUrfhrreof on nU'r'rrecrr„\:rrn!ro?-r a^ter^Vedo m ^a ror said County. Lot 65. Auditor’s Subdivision NuoUrlM.^Heuepln^Co^^^ U.r"T“d r“u‘'l’'g“ter°o? Deeds in ond for ..id County. idik I 0^ L0 rrftCt- 3; ..A .* •. . I. •/: •V • ^ • V » t. r. » • IV •* LlfH* A: • , w. • • • # LoL Cl, Auditor's Subdivision Number,l84, Hennepin County,* Mlnncsotn, except Llint part of the south 175 feet thereof lying cast of the west 5i feet and lying .west of the east 280 feet of said lot and except the south I50 feet of the east 280 feet thereof, according to the plot thereof'on file or of record lt» the OITlce of the Register of Deeds in and for said County. Except that part which lies within a distance of 1^0 feet on eoch side of tlic following described line: From a point on the north line of Section 6, Township; 117 North, Range 22 West, distant 670.02 cost of the northwest corner thereof, run southeasterly at an angle of 28 degrees 11 .ninutes 12, seconds with said north section lino for ^85«92 feet to the point of beginning of the line to be described; thence run northwesterly on the lost above described course for 30.93 feet; thence deflect to the left on a 3 degrees 00 minute curve (delta*angle 62 degrees 22 minutes 25 seconds) for 2079*12 feet; thence on tangent to said curve for 883.31 feet; thence deflect to the right on a,2 degrees 00 minute curve (delta onglc 3^ degrees minutes 10 seconds) for 173*J.31 feet; thence deflect'to the right on a 2 degree kS minute 16*59 • second curve (delta angle*37 degrees 30 minutes) for 1329.I9 feet; thence on tangent to said curve for 50.2 feet; thence deflect to the right on a 4 degree 30 minute curve (delta angle 38 degrees 57 minutes) for 865.56 feet; thence on tangent to said curve for 465.05 feet and there terminating. Also except that part of Tract 2 described above adjoining and southerly nnd westerly of the last above described strip; Also except timt northeasterly of northeasterly of westerly of Line %■ part of Tract 2 described above lying a line run parallel with ond distant l40 feet-ij:.. the first above described line which lies •• A described below: . .• f * ^ • *7 r * . 4 . ‘ , ..-From a point on the first above described line distant 151.52 , feet southeasterly of its point of termination run northeasterly at an angle of 82 degrees 17 minutes 5S seconds with the said • line (when measured from northwest to northeast) for 274*76 feet; thence deflect to the right at an angle of 32 degrees 23 minutes .;'..01 seconds for 107-5 feet to the point of beginning of Line A to “ be described: tlience deflect to the right at an angle of 90 . degrees and run southerly to an intersection with the southerly •■^boundary of Trunk iligliway No. 12 as now located and traveled; * thence run southwesterly to a point distant I70 feet northeasterly (measured at right angles) of a point on the first above described line distant 288.09 feet southeasterly of its point of termination; thence run southeasterly parallel with said, line for 950 feet (when measured 'along said line); thence run southeasterly to a point distant 140 feet northeasterly (measured at right angles) of a point on said liiTc distant 1330*61 feet southeasterly of its point of termination, and there terminating; • • ^ • • 4 1. ■ *■ also except- that part of Tracks 2 end 3 described above lying northerly of o line run porallel with and distant 1^0 feet northerly oT the first above described line which lies southerly and easterly of Line B described below: *< • • • • * 7 ♦ ;.i .• ■• •• •*y.Do C: • • •• • • 1 Beginning at o point on Line C described below distent 200 feet southeasterly of its point of teraination: thence run southwesterly at right angles with said Line C fpr 50 feet; thence run southeasterly to o point distant 80 feet southwesterly (nedsured at right angles) of a point on said Line C distant 360 feet southeasterly of Its point of teroination; thence run southwesterly to a point distant 38O feet northwesterly (measured at right angles) of a poi^ on the first.^bove described line distant 3199.38. feet aou^l^sterly of its point of beginning; thence run southwestern^to a point distant 350 feet northwesterly (aeasur^ at right angles);of a.point on said line distant 3i(29.38 feet'aouthwesterl/'of its point of beginning; thence run southwesterly .-to a point distant I60 feet northwesterly (oeosUred'at right angles) of a point on said line distant 3749.38 feet southwesterly of its point of beginning; thence run westerly parallel with said line for 1450 fejet (when neasured along said line); thence run northwesterly to a point distant l40 feet northeasterly (measured at right angles) of o point on said line distant 5399.58 feet southwesterly of its •point of beginning and there terminating.. . / • • 3 I Beginning at a point on the first above described line distant 24o4.81 feet southwesterly of its point of beginning: thence run northwesterly at on angle of 45 degrees 50 minutes 08 seconds with saidline (when measured from southwest to northwest) for 1120.35 feet and thence terminating; also except that part of Tract 3 described above lying southeasterly of a line run parallel, with and distant l40 feet southeasterly of . the first above described line which lies northwesterly of a line run parallel with and distent 120 feet southeasterly of Line. D described below: . • t • » iifiiiil I iiTimliiili 3 tfpG* tine D: * *• * * • • « Line E: . A i • . •• • *• A/ ; 1 FroB a point on the first above described line distant 2300 feet westerly of ltd point of beginning, run southeasterly ot right angles with said line for.24 feet to the point of beginning of Line D to be described; thence deflect to the right at an angle ■ of 90 degrees for l45 feet; thence deflect to the left on a 1 degrees 00 nlnute curve (delta angle 9 degree 29 ninute's 12 seconds) for 942 feet and there teroiinatlng; Also except that part of Tract 3 described above adjoining-and southeasterly of the last above described strip which lies northwesterly of the following described line: Beginning at o point on the west line of tot 8, Block 2, Wayzata Highlands distant 195 feet north of the southwest corner thereof; thence run southwesterly to a point distant 120 feet southeasterly (neasured at right angles) of a point on Line 0 described obove distant 200 feet southwesterly of Its point of beginning and there teralnating; also except that part of Tract 1 described above lying northwesterly of a line run parallel with and distant 140 feet northwesterly of the first above described line which lies southerly of Line E described below: Beginning ot o point on Line C described above distant 200 feet southeasterly of its point of termination; thence run northeasterly at right angles with.said Line C for 90 feet; thence run eosterly to a point distant 60 feet northeasterly (measured at right angles) of point on said Line C distont 700 feet southeasterly of its point of termination; thence run easterly to a point distant 164 feet northwesterly (meosured ot right angles) of o point on the first above describe line distant 2330 feet westerly of its point of beginning; thence run northeasterly parallel with said line for I900 feet ond there terminating; Also except tliat part of Tract 3 which lies Southeasterly of the Southeasterly right-of-way line of U.S. Highway No. 12 os described in Deed Doc. No. 1026364, Files of the Registrar of Titles; Parcel? •• »•. • Parcel 8: Parcel 9? Parcel 10 ^ • • • That part' oT the Southeast Quarter of the Southwest Quarter of . Section 36, Township 118, Range 23» lying South and East of. the plat Herrick Circle, now replatted and known as SUMMIT STATION, and lying North and East of the center line of the South Minneapolis and Watertown Road also called Wpyzata and Long Lake Road, • Outlets A and B, Hauser Lauer WCC Addition,’ according to the recorded plat thereof, and situate in Hennepin County, Minnesota, That part of Government Lot 2, Section|36, Township 118, Range ‘23t described os follows: Beginning at the Southeast corner of • said Government Lot 2; thence North along the East line of said Government Lot 2, a distance of 663 feet; thence West parallel with the South line of said Government Lot 2, a distance of ^50 feet; thence Southwesterly t'o point on the South line of said Government Lot 2. a distance of 55O feet West of the point'of beginning: thence East along sold South line to the point of 'beginning. *. That part of Government Lot 2, Section 36, Township II8. Range 231 described as follows: Beginning at the Southwest corner of said Government Lot 2; thence North along the West line of said Government Lot 2. a distance of 150 feet; thence East parallel with the South line of said Government Lot 2, a distance of 350 feet; thence Southeasterly to a point on the South line of said Government Lot 2, a distance of tJOO feet East of the point of beginning; thence West along said South line -to the point of beginning. SURVEY CERTIFICATION Ihsurance Company of Minnesota's commitment to insure. Application No. II 6I15531 c dated November 19, I99I; that thla survey «rSc^J^;s^5 Hit correctly shows the-location ef all buildings, major JicorderL^Jc^M i”Pcovements on said described property; that there are no • br^v of onto adjoining properties, streets or alleys that there ®Jcuctures or improveme .ts except as shown thereon; exccDt ac! ehn ^ ^ ^ ^ ghts-of-way or easements on said described property eicroarSL Survey; and that there are no party walls or visible Ifeorn ^ described property by buildings, structures or other' • llrver"^ adjoining property, except as shown of said plat or • ' December, 1991 McCombs Frank Roos Associates, Inc.■f.. * \ • .i ^ayl A, Johnson, Land Surveyor Minnesota Lie. No. IO938 I I EXHIBIT B u (5 |\DPlTlOKl >A\/S1' M6ET A 5o‘ PPM m uj(^ LiKJP EiOUAiPA^^V. •. / ■XV Ik\X.' 1 447B6 • » t • 1..{| ' suRvrwR's a/fnro.T. / /Kvrty ceffi// thol this svfwey, phn or rfporf ws prepaed by me pr e^der my dtect swpfrmw and that I am a tkJy Umsed Land Sur^eyof undff’ the low9 at the %tote oi U^esota Dated thn Wth day of June, 2004. UcCombi rronk Raee Assodotex lie 4^ on. FIS ^ \HwyO ^ UdemotYUctnu He 1T7S5 ctfVncaticn ri nor vafid unfen wet signed n bhe ink. L0t«riO(J ^^A(Y m PEM.lTT^P U0H6 vrr6^> />4t£ may ijor 6c - c- ^ ft .____ - ----' " S \ APPPWlMArB Epee oF FAiItvJA'i' •« ••• SCALE IN FEET Af. O T.f . > t ' • mom m M__ai rnnm CM Wayzati Country Club fNfMi Miinteninct BuRdftg Eipansidfi MyMUM 100 I I 71wxHorSb :wi Sent By: ;9524042532;Aug-19-04 11:06AM;Page 2/2 WAYZATA COUNTRY CLUB lOapata 200 West Wayruta RmilHvard • Post Office Box 151 Wayzata, Minnesota 55391 Phone 952.473.6955 • Fax 952.404.2.5;J2 'NTRV Janice, I am writing to you to withdraw my setback variance request for an addition to our existing maintenance building located on the north side of to Luce Line Trail. However, 1 would still like to proceed with to plans for this addition. I have contacted to construction eouqtany, Lester Buildings and have asked that toy redraft to pl^ to building back 9' from the South East Comer, therefinre setting to building back to required SO* from to Luce Line Trail. The plans will be sent to you as soon as to necessary changes have been made. From this point on, please let me know to next step that needs to be taken on our part to get this tqiproved. Reqiectftilly, Julie Driscoll Wuyxala Country Club Grounds Department Administrative Assistant i mm CITY OF ORONO ZONING FILE: 04-3037 2750 Kelley Parkway P.O. Box 66 NOTICE OF PLANNING COMMISSION ACTION Crystal Bay, MN 55323 (952) 249-4600 DATE OF NOTICE: Aug^t 17^ 2004 TO: Wayzata Country Club COPIES: Grounds Department Attn: Julie Driscoll 430 Old Long Lake Road Wayzata, MN 55391 TYPE OF APPLICATION: Setback yariMce,_Accessory_Bujldinj^Arc_a_V DATE OF MEETING: August 16,2004 Planning Commission recommended as follows: Denial of the setback variance to allow an addition to the existing maintenance building to be located within the required 50 ’ setback from the Luce Line boundary. Approval of the accessory building area variance to allow a single accessory building to exceed 3,000 s.f. as the property is of sufficient area to accommodate a larger building without negatively impacting any adjacent neighbors. VOTE: 6 FOR 0 AGAINST Applicant’s next scheduled meeting is confirmed as; City Council — Monday, August 23,2004; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission or Council minutes, they arc 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. I 5 Memorandum Date:August 10,2004 To:Chair Rahn Planning Commissioners from: RE: Janice Gundlach, City Plamier^<il Application #04-3037, Wayzata Country Club The aonlicants have applied for a variance permit an addition to the existing mainte^nce building located on the north side oi the Luce Line Trail, to be located within the 50* required setback. The application was tabled at the July 19,2004 meeting because a representative was not present to represent the project. The required 60-day review period will expire on September 6,2004 therefore action must be taken during the August meeting. for your reference. List of Exhibits Exliibit A - PC Action Notice of 7-20-04 Exhibit B - Neighbor Comment Exhibit C - Staff Report Dated 7-9-04 • -’V t • EXHIBIT A CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 ZONING FILE: 04-3037 NOTICE OF PLANNING COMMISSION ACTION Crystal Bay, MN 55323 DATE OF NOTICE: July 20,2004 TO: Wayzata Country Club Attn; Julie Driscoll 430 Old Long Lake Road Wayzata, MN 55391 COPIES: TYPE OF APPLICATION: Luce Line Setback Variance^................................... DATE OF MEETING: July 19,2004 Planning Commission recommended as follows: Table. The applicant was not present to represent the project. VOTE:FOR AGAINST Applicant’s next scheduled meeting is confiimcd as: Planning Commission — Monday, August 16,2004: meeting starts at 6.00 p.m. If you desire certified copies of the official Planning Commission or Council minutes, they aie 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. f Page 1 of 1 EXHIBIT B Janice Gundlach From; Mike Gaffron Sent: Tuesday, June 29,2004 12;37 PM To: Janice Gundlach; Melanie Curtis Subject: FW; July PC agenda FYI, Sandee has a few thoughts on this application., Michael P. Gaffron Planning Director City of Orono P.O. Box 66 Crystal Bay, MN SS323 (phone)952-249-4600 (fax) 952-249-4616 -----Original Message ...... From: Sandra Smith [mailto:smithcom@goldengate.net ] Sent: Tuesday, June 29, 2004 10:39 AM To: Mike Gaffron Subject: July PC agenda Mike I see that Wayzata Country Club is asking for a variance to further encroach on the Luce Line Tra.l for construction/reconconstruction of a maintenance building. I am opposed to any further encroachments on the trail. As you know. I am familiar with the Trail in this area. This is becoming an increasingly busy trail corridor with a variety of multiple uses. I believe we should keep to the DNR setbacks and if this is actually new construction I would like to see the country club meet the 50* setback. (I think this is consistent with previous decisions regarding setbacks in general, although we don't often deal with Luce Line Trail setbacks, in particular.) I can ’t attend the meeting (I'm teaching again on Monday evenings), so please share my comments with the PC commissioners. Sandee Smith 6/29/2004 exhibit c #^04-3037 July 19.2004 Page 1 of 5 Date Application Received; 6-23-04 Date Application Considered as Complete: 7-7-04 60-Day Review Period Expires; 9-6-04 / / To: From: Chair Rahn and Planning Commission Members Ron Moorse, City Administrator Date: Subject; Janice Gundlach, City Plaimer July 9,2004 #04-3037, Wayzata Country Club, 430 Old Long Lake Road - Luce Line Setback Variance - Public Hearing Zoning District: Lot Area: Lot Width: RR- IB, One Family Rural residential District (2 acre minimum) Total Club Area: -165 acres with -155 acres within Oiono 430 Old Long Lake Road: 36.721 acres Approximately 1,000 ’ along Wayzata Boulevard Application Snnwutiy: Applicant requests the following variance to permit construction of an IS’ X 60' addition to the existing maintenance building: 1. Accessory building setback variance to allow an addition to the existing maintenance building to be setback 41’ when 50 ’ is normally required and 45 ’ currently exists. 2. Accessory building area variance to allow a single building to be larger than 3,000 square feet and to allow the total area of all accessory buildings to be greater than 6,000 square feet. Staff Recontinendation : Staff recommends: 1. Denial of the Luce Line setback variance to allow an accessory building to be constructed within 50 ’ of the Luce Line boundary. 2. Approval of an accessory building area variance to allow an individual building to exceed 3,000 square feet, and for the total area of accessory buildings to exceed 6,000 square feet. Pertinent Zoning Ordinance Sections Sec. 78-418. Conditional uses. Within any RR-IB one-family rural residential district, no stmeture or land shall be used for the following uses without a conditional use permit: (4) Golf courses, country clubs, tennis clubs, public swimming pools serving more than one family, scout camps, YMCA camps, YWCA camps, church camps, or private nonprofit parks, playgrounds and other similar uses. The principal structure for any of these uses shall be 100 feet or more from any abutting lot in an R district, and accessory structures shall be a minimum of 50 feet from any lot line. N04-3037 July 19,2004 Page 2 ors Sec. 78-1434. Area restrictions. In all R districts, no accessory building shall exceed 1,000 square feet of footprint area; except that accessory structures in excess of 1,000 square feet will be allowed under the following conditions; (2) Oversized accessory structures are regulated by the following table: Lot (acres)Maximum Individual Accessory Structure Footprint Area (square feet) Maximum Allowed Total of All Accessory Structure Footprint Areas* on a Property (sqaarc fccO 0-1.99 l.OOO 2.000 2.00-3.00 1.200 2.400 3 01-3.50 1.400 2.S00 3 51-4.00 1.600 3.200 4.01-4.50 I.SOO 3.600 4 51-J 00 2.000 4.000 5 01-600 2.200 4.400 6 01-7.00 2.400 4.800 7.01-8 00 2.600 5.200 8.01-9.00 2.800 5.6C0 9.01 or more 3.000 1 6,000 List of Exhibits Exhibit A - Applications Exhibit B - Hardship Documentation Form Exhibit C - Applicant’s Narratives Exhibit D - Survey Exhibit E - Proposed Elevations Exhibit F - Survey from Original Construction Exhibit G - Survey Showing Addition at a 50 ’ Setback Exhibit H - Aerial Photograph Exhibit I - Property Owner’s List Exhibit J - Plat Map Background Wayzata Country Club applied for a conditional use permit amendment in March of this year in order to complete an addition and major renovation to the existing club building. That CUP amendment was approved in late April as all standards of the Zoning Ordinance were met. The Grounds Department of the Club is now requesting a variance to allow an addition to be constructed to the existing maintenance building that currently exists on the north side of the Luce Line Trail. A variance was approved in 1988 to allow the existing building to be oversized (over 1,000 square feet). That variance application and the building permit indicated the building would be setback 55’ from the Luce Line Trail. The survey submitted for the proposed addition shows the building at a 45 ’ setback from the Luce Line Trail. Therefore, the building was not constructed in its approved location in 1988- 1989. r-iL ^04-3037 July 19.2004 Page 3 of 5 LOT ANALYSIS WORSHEET AreaM-Yiain RR-IB Lot Area Lot Width Required 87.120 s.f. (2.0 301651 200 ’ Actual 7,187,400 s.f. (155 acres)-1000 ’ Setbacks: The Zoning Oidinance requires that all accessory buildings on conditional use properties meet a :>U s RR-IB leioacK irom an propen Required Ly iuic^ Existing Proposed Western Lot Line 50’135’NO CHANGE Luce Line Trail 50’45’41 ’ Structural Coverage o i-m- This property is not subject to structural coverage requirements per Section 7S-140 j as the property is in excess of 1.99 acres. Hardcover Calculations This property is also not subject to hardcover requirements as it is not located withmthe Shoreland Overlay District. Luce Line Setback Variance ... The applicant has proposed an addition to the eastern side of the existing maintenance building that is located just north of the Luce Line Trail. The existing building is setback 45 feet when 50 feet is required by Ordinance. The applicants have proposed an 18 .x 60 ’ addition which will be setback 41 feet from the Luce Line Trail boundary. The additional 4 foot encroachment on the 50 foot required setback requires variance approval. The club also has an existing maintenance building on the south side of the Luce Line Trail and maintains a 0 ’ setback from the boundary. It should be noted that if this were a residentially used property the only setback restrictions in place are the standard accessory building setbacks, which could mean an accessory building under 750 square feet could be setback 10 ’ from the Luce Line Trail boundary. The 50’ setback requirement only takes effect because of tire conditional use status of the Club. Accessory Building Area Variance Section 78-1434 (2) limits the area of any individual accessory building as well as the total area allowed for accessory buildings. This section of the code was adopted in late 1989, just after construction of the existing building. The existing building at 40 ’ x 60 ’ I r f/040037 July 19.1004 Page 4 of 5 (2,400 s.f.) received a variance to ai-ea, as prior to adoption of the current code any building in excess of 1,000 s.f. required a variance. Because the 18.5’ x 60 ’ (1,110 s.f.) addition puts the entire building over the 3,000 s.f. requirement for an individual building, a variance is required. Also, a variance to the total amount of accessory buildings is required as the existing buildings, with the proposed addition, exceed the 6,000 s.f. requirement of the chart in Section 78-1434 (2). DNR Setback Requirements The Luce Line Trail property is owned and operated by the DNR. The DNR docs not have any formal setback requirements. The DNR was notified of this request and no comments have been received to date. Should the DNR comment prior to the meeting, those comments will be distributed. Hardship Statement Applicant has provided a Hardship Documentation Form in Exhibit B, a narrative Exhibit C, and should be asked for additional testimorty regarding the application. Hardship Analysis //( considering applications for variance, the Planning Connnission shall consider the ejfect of the proposed variance upon the health, safety and welfare of the connnunhy, existing and anticipated traffic conditions, light and air, danger of ftre, 'isk to the public safety, and the effect on values of property In the surrounding area. The Planning Connnission shall consider reconnneiidlng approval for variances front the literal provisions of the Zoning Code in Instances where their strict enforcement would causa undue hardship because of circumstances unique to the Individual property under consideration, and shall rccanunend 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 no hardship exists to support approval of the Luce Line setback variance. The location of the addition could be modified to meet the 50 ’ setback, regardless of where overhead doors exist as those can be relocated (see Exhibit G). Staff finds that a hardship does exist to wanant approval of the accessory building area variances. The total property area is in excess of 150 acres where the table in Section 78- 1434 (2) only accounts for properties up to 9.00 acres, where any property above 9.00 acres is subject to the same requirement. This is not to say that the table should be extrapolated at the same area increments up to 150 acres and that is the area requirement the club should be subject to, but rather the property could support accessory buildings in excess of 6,000 square feet. Issues for Consideration 1. Does the additional 4 ’ encroacliment, for a total of 9’ encroachment on the 50 ’ setback cause any negative impacts to the Luce Line Trail? 2. Is the hardship proposed convincing enough to grant the variances? 3. Would a separate building meeting the 50 ’ required setbacks have fewer negative visual impacts? 4. Are there any other issues or concerns with this application? #04-3037 July 19, 2004 Pase S of5 Staff Recommendation Denial of the Luce Line setback variance to allow an accessory building to be constructed within 50 ’ of the Luce Line boundary. Approval of an accessory building area variance to allow an individual building to exceed 3,000 square feet and for the total amount of accessory buildings to exceed 6,000 square feet. a ■'.t' .•'.'■'■ir/'.i.v; d I ■ t ■' ^ .. EXHIBIT A City of Orono Variance Application Stmel Address: 2750 Kelley Parkway Orono, MN 5S356 Main; 952-249-4600 fax; 952-249-4610 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323*0066 Application « . Date Received; . jid; -ikCb C OAmount Paid ____ Suff: Jr\7JiL^ Fee;S600 Renewal; S300 After-tne-fact; Si,200 Double Fee This aoolication form must be completed in full. Applicant will be nolified within t5 days as to the status of tho wpiiMOcSi Incomplete applications will not be placed on Planning commission Agendas. PROPERTY INFORMATION: , Site Address; 4^i3 Aid ^ ^ ------------------ Property Identircation Number ^ 34 ,,,— / Hocrrintinn tn anolicalion if not included on the survey.) Property Idenltr.canon iNumoer \rnv. __---------------------------------------- Present use of property; D Residential tS-Other .(^i? tT --------------------- Zoning District: - \L'jL -1 BMOT w w • • - ^ ^ ' ■ APPLICANT INFORMATION: (Complete legal names and moriial status required (or each interested party) N ame; \a)a d n-fYlsf—iAijJia-------------------------------------:----tttz—-------------- Phone(hympS- 1____P^^cne (work), j^-4 1^-C p--------------- Address; '?^iro -U/4iAddress; /,tro wu.y^?-ccrT*-__r?.! Email; k/La - /cf iP Ia/O-I/ —lii Z’P- 1^ Ai -1*—------------------r ' C4rvi4 OWNER INFORMATION: (Complete legal names and mantal status required for each Interested party) Name: \K)ri\id^jJ^ CC^liA.k> -------------—----------------------------- Phone (homejl: ^^2* ______rnone \ngmcy. n f ^ ^ _________ Address; UJ-c^-h P)\urf Email: 0^\AS'aaj.Ls - d j t i(* uj A sf. fcAd Phone (workt; ^^7.'A'li ~(j^ ^_________ City; U7A t/ ______Z-ip. _»i aJ S zi nil - z ^ DESCRIPTION OF REQUEST; Estimated Project Cost; Describe the request in detail (attach additional sneets if necessary). r.y ILH lii/ISfi-d NW llSNrZZSfi4 CHOW W Aii3-oo*’i MSS’-M tOSZ-ZZ REQUIRED SUBMITTALS; ^ , All of the following information must be submitted by the application deadline date in order for your application to be processed. ,'eC 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 DeparJmenL.of Finance, Government Center. A-603 300 South Street. Minneapolis. telephone^_1^2-348:59i.O '.eC Original Certificata of Survey (signed by a licensed surveyor), meeting all the requirements listed within this packet, including hardcover calculations. Also provide one copy 8.5 ’ x 11' or 11" X 17" for reproduction. Completed hardcover calculation worksheets (as provided within the variance packet). ./it\ Topographic survey - including existing and proposed elevations. Provide one copy 6.5" x 11" ^ or ir X 17* for reproduction. □ Sketches or plans of floor and elevation views (provide one copy 8.5" x 11" or 11" x 17*). □ Additional items may be requested by City Staff depending on the scope of the project. • APPLICANT’S ACKNOWLEDGEMENT: The applicant hereby agrees to provice nil information required or requested by the Planning Department, agrees to pay additonal fees tstaff 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 rMardloss of Its potential merit. , / Applicant's Signature; __________________Date; , ^ /?'3 Q Applicant's Signature: ___________________________________Date; 9 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: i____________________________________ Date; Date; Applicant must have all submittals into the City offices 25 days before the Planning Commiss.cn Meeting. Planning Commission Meetings are normally held on the third Monday of each month Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend In place of the applicant and advise the City Planner assigned to your project lll-i Il0/»00'd tiiNtZttu ;•V. . V *■/* • V • "KV ' '.-‘i r/ i r m City of Orono Pre-Application Meeting Form (This form is to be completed by a City Planner during your pre-aoqlication meeting/) Mailing Address: P.O. Box 66 For Office Use Only ^ City Planner; yStreet Address: 2750 Kelley Parkway ..w.ww^— - , --------—-------—ini t-.ir—, - Orono MN 55356 Crystal Bay. MN 55323-0066 Meeting Date/T ime; \/ic, Fj ‘- Itr'J —Hick. PC Date- .lijIiA I P<S -fT Main; 952-249-4600 ^ Fax; 952-249-4616 What is the purpose of a pre-application meeting? Pre-applicalion rneetmgs aid the applicant in preparing a complete proposal inform them cf vhe procedures and reguirements of the city code, and identify policies or regulations ihst create opportunities or problems for the proposal. (njn-h,^ rj„h-7^00 vJa^t«M &'M ■--------- Property Identification-Number (PIN). ! j Z 'hHZ OOP 3---------^-----------------------------_ Zonino District Size of Property: To^^.f rJjJL? f^S---------- 3T- DESCRIPTION OF REQUEST: O Average Setback ^53f"Side Yard Setback □ Rear Yard Setback □ Hardcover U Lot Coverage □ Lot Area □ Front Yard Setback □ Lot Width S-^Other; Af) AIIHitJ /fi t h\}i iAr r'A -id b^-— ' kf-s •kp' ~fi \ ■='-(- T5. iri'fj... / L vu. fv f-ji' )__^21 4L ' nu iUk p ^opf fi':.^-7 Applicant's Initials: OTHER INFORMATION: HARDSHIP: Applicant has received the Hardship Documentation Form, understands it as it has been explained to them, and is aware that it must be completed and submitted in conjunction v/ith their formal variance application. •Please note: Your variance application will NOT be accepted without a pre-appiication meeting during which thi^form will tje completed by City staff. / j .a\v/iA _______Date:Applicant Signature: Tt \J / r.n"TTT*/» O' «p EXHIBIT B Page 1 of 3 HARDSHIP DOCUWENTATION FORM This form Is a required submittal for ALL variance applications. An application will not be considered complete or placed op any meeting agendas until this form is complete and submitted to the City. Minnesota Stale 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 sHuetions 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 1 PROVE A HARDSHIP? This form has 12 points outlining the basis City staff uses to determine if a hardship exists and how the variance will affect the surrounding community. To prove a hardship, address all the relevant points listed below and answer them as dearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is justified. The information the Crty receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of these hardship criteria as they relate to the request (some may not apply); 1."The property In question cannot be put to a reasonable use if used under conditions allowed by the official controls “ 2."The plight of the landowner is due to circumstances unique to his property not created by the landowner.* riYlly I L ‘^cXjL JL-ery' 6 II I 3.‘The variartce, if granted, will not alter the essential character of the locality." -----------------— d J 4."Economic considerations alone shall not constitute an undue hardship if reasonable ese for the property exists under the terms of the Zoning Chapter.", V i • f ^ Urn • \ } t • • n r .* .• lU-J lli/IOO-d 2JM simmm OHC80 iO Lll3-eejJ ude;:»a y38^.77.a I Page 2 of3 5.'Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2. when in harmony with this Chapter." 6."The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected peison'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." 8."The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.’ "The conditions do net apply generally to other land or structures In the district In which said land Is located." 10.“The granting of the application is necessary for the preservation and enjoyment of a substantial properly right the applicant.' 11.'The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code.' / • '• .• -* . . V'-' 'f ^ • iii-i uo/iood m-i sismzzsi^ONOttO iO UI3-KJJ MOOiSd »C:2<ZZ-unr Page 3 of 3 12."The granting of such variance will not merely serve es a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty." Hardship Statement Should you feel the hardship cannot fully be described in the above criteria, describe the unique hardship, practical difficulty or unusual property conditions preventing compliance v^ith Zoning Ordinance requirements in the following lines (attach additional sheets if necessary); <• r d liH tio/gio'd zir-i iimtzzsit OHOHO iO Hasiss n0Z-Z2- EXHIBIT C WAYZATA COUNTRY CLUB Wauzata ^00 West Wayzala Boulevard • Post Office Box 151 Wayzata, Minnesota 55371 Phone 952.473.6955 • Fox 952.404.2532 \ To Whom It May Concern: I am writing to you on behalf of the Wayzata Country Club Grounds Department. We recently had plans and a survey map submitted to you as to the addition we would like to proceed with. The addition is to our existing maintenance facility located just north of the Lice Line Trail. This building has been here for 20+ years and is storage for a large amount of our maintenance equipment. With our ever-growing fleet of machinery, we are forced to temporarily store these items outside until a solution is agreed upon. There are questions on your part as to why we can only build off the south side and so close to the Luce Line. The West Sc South sides of the building are equipped with overhead doors that meet the height that is needed for some of our larger equipment. The North side of the building is within 8 ’ of our inbounds golf course and there is no way to extend the building. The East side of the building is the only feasible side for the addition, as well we would not be occupying any more space than our temporzuy storage already occupies. Also, over the past 2 summers we have been victims of serious vandalism and feel that the equipment without proper storage is subject as a target. We are also very conscious of the Luce Line patrons and strive to keep our facility aesthetically plesising. Therefore, we would like to eliminate as much outdoor clutter as possible. If you have any other questions or concerns, please do not hesitate to contact me at 952-473-6955. Respectfully Submitted, jaiie Driscoll Wayzata Country Club Grounds Department Administrative Assistant % 0 ^ ■Ji - ^ >• 6'“'% O' > i / r lESTEfl BUILDINGS 1111 Sccnml AV(!iiu« Sovth U^lCT Pfjific. Mionw.Miij .^5.154 Tcl; 32n.3‘;5 25.11 Fui; 32n..v;5.2y(iV Wiyraia Country Club 200 West Wayzata Blvd. Wayzata. Mn. 55391 April 19. 2004 ™orp„cuo ro.,.„ Site. -bcdd.d 10 g,,™p r.- C.n..rm.,ch 4" concrete floor with mesh in lean-to addition. Sng ''‘"y' «°P* ‘hree overhead doors in storage =s ss==:rj;;sr.=r;razsL_^^ “*■E"8io.e,.d d,.wi„t, for S.2L932 bningoMnjulation.elcotri«*l[«nyn«ess7''^dis7nccf;o^n7e^^^^ dobris diipos.l. rtmoinlog ropoir, on oxis.ins boilding doo ,o s,o™7d !g.XwOTtf!U;sIrnco"‘ Respectfully Submitted, # Lani Driseoll I • •* *.• • A •• • o u ISi t oi O■s a: %•* • suffvf ro?5 aHvriCAic UJ i£ fo*^ Wwexufo. u-o ^ *« rJ Ooffd l/iij lOf/i rfo/ 0/ >i«r. 7004 UcCombt ffonk Root A\tofotey Inc I/I fO **• lO#ou Oci UltnUl Z3 ^ Ul I/I C---------- --------------- ri&.c"a Ih« ,Bl.tool«in .5 «o( «W «*« wl «»»«»"“*“• , *478Vf . * y':^r- ' 'I V^I5t I tJ \o •o. UJ SCALE IN FEET ‘'; V’ ..^- i) ;i -V •* / ';•••;•• .•7^...:- v...» /I _______ ’ - ------------------------------——i "•> fOj I 'E3®=H9T »^ed ------ ^ >/i*gii e?#ti "Ig VlVIFRA WayiiuCoimlryCtub I Pmitd I Milnltnaflce Bu3df«3 f*P*^***’ OmIT»» Survey 100 3 3 ’/- inMAinioriiMt W X X od H O f l[ i, II <1 Mfill Nileu a RfmffAU » BIJ^ATION R1)----------=----- MO> vu-i tnhwal L 2 n-BVATION Cl)' vnit V^*“* 0 © s /-\ sinCTAU. I ElEmtON (Ay------ tou; td l-H H PI •i wr^ • • y • • • ■ •«"s • %•. . • • V t t • . .*« i :•. » V ’. ^ • -t; i . « ~ • . • I ' • * V •** '•I*. • • , ' • ^ ■ • >• •/".* * • '■ I * * ' . .• 7'*. •■ ‘am,, \ ■% ' » 0 * t • • > •* • • ♦ . oOvVO /va'■V .* v.» • « . •1-^”*• c.f. • '•*? *.' » 1'• » . I, r-T^S5' : evL° zTo“v ‘-w :: ____V • • v_* c>e>\. G> ^4l «t ^ ® • —\siyJi53* . r 1 L- L.3 C.'• - ■^’7- • .•? • J:?'.? ---■— -'f-—-- -- - -•— . f • ts u» «\ • ■• r r * >1 ^ •» \ ’.I y 4 . \ C*3 H »n 'W iwvriwi iXKimMC: to»i ot ihf ilole 0/ Umneiola Mid thi% lOth dof ot ^001. :ottf% nvtH tfoo* AiiOfm.tei, hi \ Iffoff 0 tti ^ n^'l>rof«> « nol «M ArPPfi/lMATt ept>e oF faip -via Y -••-'••'■ -------- \'A- o SCALE IN FEET ;1 .< ‘ri^ c?. - *. f :'> lli-iLi • M1»»«' llainUninci BirtWinq EipaAjfcm SiiiWf 100 1 V ?2 f^Q« M X H n 4 ^\Z .' V; X. ^\-r v^,. '^i.*V' y-\i;;** K •J* /■-i .'. -I '-* \ r y*? /\'-y ” * r •. ' . f'i,'^ V \i'’\ f •■ *rk^/ v,^'--n.M-.f-, %:«.;■ s. «»,. ■ ■ diTION .. .■ ..^^t'i-'H,J !f V.;-V. . '. ., *-/''V.:-?pR '1 'C%*b■ V <2 -f ,Jb.N V^IMAII^TENAIil^EY iMNfn I 2 ’ S .. H r MLLIAM D LARSON P BOX 20087 )M1NGT0N MN 55420 D P BOTOS & C I BOTOS 320 WAKEFIELD PxD WAYZATA MN 55391 ROBERT F MADDOCKS 450 OLD LONG LAKE RD WAYZATA MN 55391 H norm AN NAFSTAD 12159 ST ANDREWS ST RANCHO MIRAGE CA 92270 PEDER & LINDA ENGEBRETSON 470 OLD LONG LAKE RD WAYZATA MN 55391 MICHAEL L LE3EUNE 480 OLD LONG LAKE RD WAYZATA MN 55391 LAWRENCE F & BARBARA WIKEN 490 OLD LONG LAKE RD WAYZATA MN 55391 WILLIAM S BLOOMER III GERALDINE A BLOOMER 220 WAKEFIELD RD WAYZATA MN 55391 WILLIAM & ELEANOR FERRIL 240 WAKEFIELD ROAD WAYZATA MN 55391 PAUL BASZUCKI 250 WAKEFIELD RD WAYZATA MN 55391 C WAYNE a. ANGIE A LENEAVE 360 WAKEFIELD RD WAYZATA MN 55391 JMAS 3/KATHERINE S BATINA 30 WAKEFIELD RD WAYZATA MN 55391 WILLIAM HENDERSON ROSLYN L HENDERSON 430 WAKEFIELD RD WAYZATA MN 55391 KENDRICK B MELROSE 2626 CROSBY RD WAYZATA MN 55391 DALE A SPENCER 503 FERNDALE RD N WAYZATA MN 55391 EDWARD J a NANCY K BIERMAN 505 FERNDALE RD N WAYZATA MN 55391 DAVID W a KEIKO M THURSTON 509 FERNDALE RD N WAYZATA MN 55391 EXHIBIT I JEFFREY a ELIZABETH JACOBSEN 127 CHEVY CHASE DR S WAYZATA MN 55391 K A STRICKER a R J GRIFFIN 125 CHEVY CHASE OR WAYZATA MN 55391 MARK CAPECE a BARBARA CAPECc 511 FERNDALE RD N WAYZATA MN 55391 PATRICK a LEAH MOYNEUR 131 CHEVY CHASE DR WAYZATA MN 55391 DAVID M a JEAN E SAHLSTROM 129 CHEVY CHASE DR WAYZATA MN 55391 R E STRAUMAN a K E STRAUMAN 123 CHEVY CHASE DR WAYZATA MN 55391 LOUIS B OBERHAUSER JR 121 CHEVY CHASE DR WAYZATA MN 55391 THOMAS FORSTER 119 CHEVY CHASE DR WAYZATA MN 55391 ALAN J a CAROL K ARTHUR 117 CHEVY CHASE DR WAYZATA MN 55391 AMY SCHUET 115 CHEVY CHASE DR WAYZATA MN 55391 JONATHAN a MARTHA JAMSA 113 CHEVY CHASE DR WAYZATA MN 55391 THOMAS L CURRY 111 CHEVY CHASE DR WAYZATA MN 55391 mH Date Application Received: 07-21-04 Date Application Considered as Complete: 08-05-04 60-Day Review Period Expires: 10-05-04 REQUEST FOR COUNCIL ACTION CO» iMr^ri RitrcTiMQ AUG 2 5 2004 CITY OF OFiO/vu Date: August 18, 2004 6Item No Department Approval: Name: Melanie Curtis Title: City Planner______ Administrator Approval:Agenda Section: Zoning Item Description: 04-3040 - Dean & Sherri Lundblad, 1290 Arbor St - Variances - Resolution Zoning District: RR-1B, One Family Rural Residential, 2-Acre/200’ width Lot Area: 12,809 s.f. (0.29 acre) Lot Width: 100 ’ List of Exhibits: A - Resolution per Planning Commission Recommendation B - PC Action Notice dated August 17,2004 C - PC Memo & Exhibits of August 9, 2004 Application Summary: The applicant is requesting a 21 .2’ side street setback from an unimproved right-of-way where a 50 ’ setback ts required in order to construct a detached garage._____ Planning Commission Recommendation On August 1 6,2004, Planning Commission voted 5-0 on the consent agenda to recommend approval of the 28.8 ’ side street setback variance. Staff Recommendation Approval per the anached Resolution. COUNCIL ACTION REQUESTED Adopt or amend the attached resolution. I A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-420 SUBDIVISION B FILE NO. 04-3040 WHEREAS, Dean Thomas Lundblad and Sherri Jean Slrelow-Lundb'ad. husband and wife (hereinafter “the applicants”) have an interest in and Steven R. Benson, a single person , is the owner of the properly located at 1290 Arboi Street within the City of Orono (hereinafter the “City ”) and legally described as follows: Lots 7 8, Block 1, Crystal Bay Minnetonka, Hennepin County, Minnesota (hereinafter the “property”); and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-420 Subdivision B to allow a side street setback of 21.2 ’ where a ‘'O’ setback is normally required. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. 2. This application was reviewed as Zoning File #04-3040. I he property is located in the RR-IB. One Family Rural Residential Zoning District which requires a minimum lot area of 2 acres and a minimum lot width of 200 ’. 3.The Planning Commission reviewed this application at a public hearing held on August 16. 2004 and recommended approval of the variance based on the following findings: a. The properly lias 12,809 s.f. (0.29 acre) in area and 100’ in width. The property is within the 500' - 1000’ shoreland hardcover zone. b. The side street is unimproved right-of-way, has been fenced and currently is being used as parkland for Crystal Bay Playground. Page 1 of 5 i c.The proposed garage location will have no negative impacts on the parkland or the neighborhood. The City Council has considered this application including the findings and recommendation of the Plaruiing 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 communUy. 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 ot the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council heieby grants a variance to Orono Municipal Zoning Code Section 78-420 Subdivision B to allow a side street setback of 21.2 ’ where 50’ is normally required, subject to the following conditions: I Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in confonnity with City codes will require further Planning Commission and City Council review. Hardcover in the 500-1000’ zone shall be limited to 4,483 s.f. or 35% per the proposed plan and hardcover allowance summar>' as depicted on Exhibit A. Applicants are advised that any future requests to increase hardcover above the limited amounts or cnange the nature of existing/approved hardcov er shall require City approval, ^d increases in hardcover above the allowed limits will not likely be approved without concurrent reduction in existing hardcover. 1 Page 2 of 5 1 I 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. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (August 23,2005). 5. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. 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 agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 23"’ day of August, 2004. ATTEST: Linda S. Vec, City Clerk Barbara A. Peterson, Mayor Property Owner(s) Applicant(s) Page 3 of 5 1 J STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 23'** day of August, 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public S TAl E 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 Mirmesota municipal corporation and said instrument was executed on behalf of the City. Notary Public k '}Page 4 of 5 i cno (F.K.A 2ND AVE.) ARBOR STREET u»o rc 4 i CITY OF ORONO 2750 Kelley Parkway PO Box 66 Crystal Bay, MN 55323 952.249.4600 ZONING FILE 04-3040 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: August 17,2004 TO: Dean & Sherry Lundblad COPIES: Steven R. Benson 1297 Wildhurst Trl 1290 Arbor St Mound, MN 55364 Wayzata, MN 55391 TYPE OF REQUEST: Side Street Setback Variance DATE OF MEETING: August 16,2004 Planning Commission reco*r.mended approval of the side street setback variance as proposed. VOTE:5 FOR 0 AGAINST Applicant’s next scheduled meeting is confirmed as: City Council - Monday, August 23, 2004; Meeting starts at 7:00 pm If you desire certified copies of the official Plaiuiing Commission minutes, they arc available from the City Recorder after review and approval by the Planning Commission. If you have questions, please call City Planner, Melanie Curtis at 952.249.4627. ILE 04-3040 5 C01V»USSI0N ACTION 'E: August 17) 2004 even R. Benson J90 Arbor St ^ayzata, MN 55391 le street setback variance as *<ST s at 7:00 pm iiission minutes, they are by the Planning Commission, irtis at 952.249.4627. FILE # 04-3040 August 9. 20C4 Page 1 of 3 Date Application Received; 07-21-04 Date Application Considered as Complete: 08-05-04 60-Day Review Period Expires; 10-05-04 Tu.Chair Rahn and Planning Commission Members Ron Moorse, City Administrator Melanie Curtis, City Plamier August 9, 2004 CONSENT #04-3040, Dean & Sherry Lundblad, 1290 Arbor Street, Variance Public hearing Zoning District: Lot Area: Lot Width: RR-IB, One Family Rural Residential 2 - Acre minimum/200’ width 0.29 acre (12,809 s.f.) 100 ’ Apphcti^ion Summary: The applicants are requesting a 21.2’ side street setback from an unimpro\ed rig'.t-of-way where a 50’ setback is required in order to construct a detached garaue. Staff Recommeiulation: Planning Staff recommends approval of the side street setback variance as proposed with the following condition; 1. The existing turn around driveway shall be removed concurrently with the construction of the proposed garage and installation of the new proposed driveway. Hardship: The substandard lot size causes a difficulty^ for locating a detached garage. Pertinent Zoning Ordinance Sections Sec. 78-420. Area, height, lot width and yard requirements. (a) Height. No structure or building in any RR-IB district shall exceed 2 1/2 stories or 30 feet in height except as provided in section 78-1366. (b; Lots. The following minimum requirements shall be observed: Lot Area (acres) Lot W idt.^t (feet) Front Yard (feet) Side Yard (feet) Side Yard Adjacent to Street (feet) Rear Yard (feet) •V 200 50 30 50 50 1 PILE # 04-3C40 August 9.2004 Page 2 of 3 List of Exhibits A. Application B. Hardship Documentation Form C. Existing & Proposed Survey/Site Plan D. Staff illustration of buildable area E. Submitted Hardcover Calculations & I 4 Staff Review F. Photos G. Aerial photo H. Memo from Greg Gappa I. Property Owners List J. Plat Map Background Steven Benson is the property owner of 1290 Arbor Street. The Lundblads are purchasing the property and have made an application for a variance in order to construct a 30 ’ x 19.3 ’ detached garage 21 ’ from the side property line which is platted right-of-way requiring a 50’ setback for accessory structures. LOT ANALYSIS WORSHEET Lot AreaAVidth: RR-IB Lot Area Lot Width Required 87,120 s.f. (2 acre)200 ’ Actual 12,809 s.f. (0.29 acre)100’ Setbacks: RR-IB Required Existing Proposed Front 50’15.4’No Change Rear 50’65’59 ’ North Side 30 ’9.8 ’No Change South Side (R-O-W)50’61’21.2 ’ (proposed garage) Structural Coveraee: Total Lot Area Total Structural C( verage 12,809 s.f. (0.29 acre)Allowed: 1,921.4 s.f. (15 %) Proposed: 1,909 s.f (14.9 %) Hardcover Calculations: (Note: The entire lot is within 1000’ of the OllWL o^ French Lake.) Hardcover Zone Total Area in Zone Allowed Hardcover Existing Hardcover (Estimate) Proposed Hardcover 500-1000 12,809 s.f.4,483 s.f. (35%) 2,152 s f. (17%±) 3,165 s.f. (24.7 %) After exclusion of fabric or plastic-lined landscape beds FILE # 04*3040 August 9. 2004 Page 3 of 3 Side Street Setback Variance The applicants have proposed a detached garage to be set back 21.2 ’ from the side street lot line where a 50 ’ setback is normally required. The side street in question was fenced and turned into part of the grassed park lawn. It is unimproved right-of-way currently, and indefinitely, being used as parkland for Crystal Bay Playground. This unimproved right-of-way serves as a side yard and not an improved, traveled street. 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 In considering applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety cy.td 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 front the literal provisions of the Zoning Code in Instances where their strict enforcement would cause undue hardship because of circumstances unique to the Individual properly 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 size of the lot is consistent with the other properties within this neighborhood and the proposal is not out of character for the neighborhood. Staff finds that due to the size of the lot and the nature of the unimproved side street right-of-way there is hardship to support the 21.2 ’ side street setback where a 50 ’ setback is normally requi--ed. Issues for Consideration Are there any other issues or concerns with this application? Staff Recommendation Planning Staff recommends approval of the side street setback variance as pjoposed with the following condition: 1. The existing turn around driveway shall be removed concurrently with the construction of the proposed garage and installation of the new proposed driveway. 4, r City of Orono ^ Variance Application Street Address: 2750 Kelley Parkway Orono. MN 55356 Main: 952-249-4500 fax; 952-249-4616 Mailing Address: . P.O. Box 66 Crystal Bay. MN 55322-2056 Application # f)Q - Date Received: DQ- Amount Paid. Staff; Fee- S6C0 Renewal: S300 After-the-fact; SI.200 Double Fee This application form must be completed in full. App leant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION Site Address: l^-^^lO Arbcn^ , l<\lr:w , MnI Property Identification Number (PIN); I ~T (Attach legal description to application if not included on the survey ) Date Propeity Acquired (rnonth/year): "y /(ptj □ Yes. I own th* adjacent parcels. Present use of property.^ ^Residential Other .Zoning District:r • r.- APPLICANT INFORMATION: (Complete legal nar-es and marital status required for each interested pa.iy) Name: ncrrvcu.5 l-iAAtrVbU<-t\. “SlTutrC T<.V»ia ‘fs'brg.tow-__________ Phone (home): - 3c-/?fc:________ Phone (work);* *^/2. Address: liql Tr^Ml , , M /sl _________________ Email: .co-n Fax: OWNER INFORMATION: (Complete legal names a.'d marital status required fur ench interested party) Name; (Z • tZx ^ Phone (home): -tvi. - - o4A^'___________Phone (work); Address: ^ >v-> Ernail. ^_____________Fax. DESCRIPTION OF REQUEST: Estimated Project Cost; $ 3^) c*dcj Describe the request in detail (attach additional sheets if necessary); * , AcAr^Jrchcci. -\r:> gr he (AC f r. r>4krrm<f>./i -jc <-) Ci-(->/ \uer' cl.c- .** -:>rglf. gV hc<AC Co rrVcrrm<n./i -jc <J c or' cuvt.. ^ aM tvrcrianf^-r? ^hcdl ^ )»U> ' V:.v)j C cyu- V ^*1 ■ ____________ * _______ T'? ^ il H& J) A f\S. REQUIRED SUDMITTALS: 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 (3 Certified Property Owners List - owners within 150’ of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department of Finance, Government Center, A-603 300 South 6'*’ Street, Minneapolis, telephone 612-348-5910 □ Original Certificate of Survey (signed by a licensed surveyor), meeting all the requirements listed within this packet, including hardcover calculations. Also provide one copy 8.5" x 11" or 11" X 17'tor reproduction. □ Completed hardcover calculation worksheets (as provided within the variance packet). □ Topographic survey - including existing and proposed elevations. Provide one copy 8.5" x 11" or 1 r X 17" for reproduction. □ Sketches or plans of floor and elevation views (provide one copy 8.5" x 11" or 11" x 17"). □ Additional items may be requested by City Staff depending on the scope of the project. * APPLICANT’S ACKNOWLEDGEMENT: The applicant hereby agrees to provide all information required or requested by the Planning Department, agrees to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses Incurred in review of this application and ceitifies that the information s'ipplied is true and correct to the best of his/her knowledge. The applicant recognizes that he/sho 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 denini of the request regardless of its potential merit. Applicant's Signature; ________ Applicant’s Signature: _________________ Date; Date: 1.Iac>Ic± OWNER’S ACKNOWLEDGEMENT: The owner hereby c ^knowledges and agtecs to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents. Commission & Council Members for purposes of investigation and verification of this request. Owner’s Signature; __ Owner’s Signature:__ Date: Date; n 7-'o4- Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are normally held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant and advise the City Planner assigned to your project. 11- JLju V.’ »-f71 ' ' Page 1 of 3 HARDSHIP DOCUMENTATION FORM This form is a required submittai for ALL variance appiications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statue Section 394.27, Subdivision 7 requires that a hardship be demonstrated in order for a variance to be granted. The hardship must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid hardships. In order for an application to be heard by the Planning Commission and City Council a hardship having merit must be demonstrated. HOW DO I PROVE A HARDSHIP? This form has 12 points outlining the basis City staff uses to determine if a hardship exists and how the variance will affect the surrounding community. To prove a hardship, address all the relevant points listed below and answer them as e'early as possible. Since you are requesting the code exception, you have the burden of proving lhattho variance is justified. The informatio.n 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." p 0<v zcmiyn m ____________ W 1rvx.t^ [xr-ta ' ________ 2."The plight of vne landowner is due to circumstances unique to his property not created by the landowner." 3.;j^e variance, if granted, will not alter the esse.ntial character of the bcallty." Vc>\-cx:]rcy\e<L. ctx cA\-\C'.rf^ i«n —Og-icth CCS 4-htf- V»civ><r-.. 4."Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." V V . s. f,' h77r'i A. Sf 6. 7.- 8. 9. 11. • •Page 2 of 3 “Undue hardship also includes, but is not limited to, inadequate access to direct suniight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter." “The Board of Appeals and Adjustments or the Council may rot 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." y "TlnX’. in _______ Iv-vc-'. >*«,/>. "The Board or Council may permit as a variance the te.Tiporary use of a one-family dwelling as a two-family dwelling." "The special conditions applying to the structure or land in question are pocu'iar to such prop^y or immediately adjoining property." Cf.ry.-tc:|i c-f t -fVJL •prorV’-T-t-w c>f. t-Qi I V~v.| “The conditions do not apply generally to other land or structures in the district in which said iand is located.” vJcub Ci-O uc l-H^ ^Lfec^ 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property tight of the applicant." ~ThC- circvvTtrio^ lCcvJcI (^xjer^ --ff^ f------------------------ _____On:^vn"Xri ryi il'v'tfVr r h<n-.n:^.r./1r> “The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code." uMtl be jv> ^4^\(L _________ . ____________________________ fit i L -r^ C if -O J; /V ri % / f:'. % i 12. Page 3 of 3 "The granting of such variance will not merely serve as a convenience to the app icant, but is necessary to alleviate demonstrable hardship or difficulty." cJi\C\cx:^(- X/Ji/nTgr'" j-Ss -Hve- Or/mr-ci^______ 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); I •6*4 z^zz zz> zze « ^ j-^-------P — —L 60:SO \rOQZ*XZ ZnC K V. , yITE. PL-^!.J |'rJl-»*..* t _'T<gTAl- U?T AREA I IZ.ftcx^tF ^XI^TI kIU t^iuoiKict ] 32<j 5p pp.e»poSeD CxA(tAO.E S^ISP T*'TAC UMt;7g:>u-Ap «F il'lZI SF -T- ll,f,o8 5F« -rtilb “ 1CeyM^lMtg Ol/a./e-t /« / 1 1 9.26 MTASURCO 1 1 8.90 CRYSTAl BAY MMCTOMJA CRYSTAL AVENUE ain D baw ? L|/n O0U«O S'Z'O*/ HARDCOVER CALCULATION WORKSHEET Ltn*, V? / Ca'K^^y. .'^Ttoi, SETBACK ZONE: (CIRCLE ONE) EXISTING HARnCOVER TN ZONE A. House Leng;th HujL 0-75' X X X X B. Garage C. Driveway D. Sidewalk E. Palio/Dcck F. Landscape Underlain By Plastic Or Fabric G. Other X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _ _ _ _ _ _ _ _ _ 4. B t PROPOSED HARDCOVER IN ZONE A. House X Length D. Garage C. Driveway D. Sidewalk E. Poiio/Dcck F. Landscape Underlain By Plastic Or Fabric G Other X X X X X X X X X X TOTAL HARDCOVER FN ZONE TOTAL PROPERTY AREA IN ZONE A B 75-250 ’ 250-500' (Too-toojj) WidiJi s ts \oo s 8 8 8 3379 X lOO Width xa s a S.F. SF. S.F.sF.-5ueo S.F. S.F. S.F. S.F. S.F. S.F. , S.F. S.F. S.F. S.F. td>MCi2L'T£ S.F.-HtXT TO SHtf S.F. S.F. A B S.F. SF. S.F. S.F. S.F. SF. SF.- SF. SF. SF. SF. SF. SF. S.F. X '.00 O S.F.HzZZs.F. o y# A B : r^ryc imr yjtr4 - fZ,7S*f tygujf s. /SZ9 f.r. ? rje • /I 7Sf - /V 9? *^7 '. • BtHiBirea. t , •« ll .....^co'ifct. ^ -f'd ^ I^O /^Aic<y^ ^7^_ ) . Ur /Wa » / z, ao=? 1 /■■uuMts^ -. 5-fX - y. Vi>£ •?-f. ^SDC>'/o:>o' y • . • }'iz.\ ^ur.xcr,^ r3o>/^.^3 . .... .5~S>0 > ■ •• • IoyuI )'-U AC PA =t ¥■■ -------} y Z '^33, 1') few 'PP-lWtrV^Ar'Y • • s*- - !** *. ••' •>' M C/ Ki f -■’ 1; '-2>{.:i c^.U ?y 2 /O ii 0 < r t: -H•*' V.' # rS 0* • •r* 3'G>r -t'2,3 ‘5' ■il6.sr ^:C, i. - Si' • A CVYuro'i t* <^; (r :.*f ;y *<'*5 > I2Z'\ . CoO<^-Cu^ l'(c>............ ])aivi^wA-<f, ,, ., _ 5^.0 ....... '2-OA- =1 i:; __ '! Ac. (’Ai» T1----- ------------- — „..♦•] ^_______ __________ -. ll ■/. ^ • -V ^ 00 W. ' ' <•'»fii'n ------- i! •it----r- — « .> j ^ -» :?■ m % \* • ^- : >' ' • ■ • -i*. •N <y-> V^V'- * * ^.It > •'* I ■ -M' V ^ •• • V 4. ^ M - ^ / /ti- ’ I'-- >■' r i ' >-?3-K A I* rT--, V-"*;-,- ••.•,-flE ' ■ -f .'"t- ' '-Mr. <s« * ' * r>*> * • y* ':*> ^:-' • ' * \r^ • ;w '' '• J , • at •■-#' V*' • .*.• ^ • * ; -r ii .‘Ir 'A ’%■ V>-‘ ^:V c>c^^l(5»l^ fi v'ltvv OF Qi-O-v^ i-...• * >:• ,v. i- I ••* ■: m■ w . »* f m- ■ rvi ■:,. ;<i&' zry-•» •T*Vy^,< >« . \.» > K • *. ^rfBBBCT -....V ) ^ •*/«• » ■ .,> r «■ ' •:.; -i. - - VJ •, i .>-3* JV.if .w^ \Vi^ */ < ;^>.^v I'l^ V,'->.;i/-' • •'••. *. •..- . A r0%^ ^ •.. r ?(•> ^!«■•*^>*r:^:v ■.:■!<; .. tr ” ^ ■ - <■ '‘<*,‘-V-‘ •^' ^ ^ ^ 4 M * #• < * ' * 4t* • f *•• ’ 's ' • * ” •#*•’*>-# j* • * . - - A * V w^- • - --- - >«i^ * I » r#. • 'mi ^ % .V .V', Pc^:.rv'.:.’-:-.- *■ '.0mm' ^ * Wt «/ . --f extiiB/r 6? •/i^r ' ''M 1 ^ > K'■f f >' > ^ ' '■ t -1 r-‘ ni* 4uJl.vf* mm -:v; 4t ) V. / : 1290 Arbor St !rK , ., ^. «■ l*^'. * t -i/ fence installed 3y ■' Jr.»- j ;>.* i >1 • » ^ifir ifi m\r ?*5(fe * , r *' MMmsi /) -'"*1'v!gg'.S|1; ». £_*: m^'& S r.l^Ll1 SSf- # m Jt~ r , » '?l^A r Ok j<___ > >*J iTJ* 10 .iiirwrT < A L '>‘A r: 1^ '^0 , v . t2f^"V « .J r Page 1 of 1 Melanid Curtis From: Greg Gappa Sent: Wednesday. August 11.2004 10:24 AM To: Melanie Curtis Subject: 1290ArborCBParkCloseCrystal Ave.doc August 11,2004 To: Orono Planning Commission From: Greg Gappa, Director of Public Services Subject: 1290 Arbor Street, Crystal Avenue Closure The City recently closed Crystal Avenue between Drown Road and Arbor Street, adjacent to the Crystal Bay Park This street was closed because it severed the park, and it was not critical for neighborhood traffic circulation. The street pavement was removed and the area was restored to grass, but the Right of Way has not been vacated. The City has no intention of ever vacating this Right of Way as it is now being used for park purposes. Also, because this area is essentially fully developed according to current zoning regulations, we do not envision any future substantial changes in neighborhood traffic circulation patterns that would necessitate the reopening of Crystal Avenue. i 8/11/2004 T ADJACENT PROPERTY OWNh'^S’ ACKNOWLEDGEMENT FORM I (we) 1^fv\Ur-VoA_______of 12^0 ’ArWof Sir.___ (print name(s)) (print address] have reviewed the plans for the proposed improvement or proposed use of the property located at____________________ also referred to as Land Use Application No._________. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. .V'I AA/JA Proper^ Ov^er Ayv .vv. Date ------1 ---------------------------------- Property Owner Date I (we) (print name(s)](print address] have reviewed the plans for the proposed improvement or proposed use of the property located at_________________ also referred to as Land Use Application No _________. I (we) understand that in executing this acknowledgement. I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval Property Owner Date Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. rr <C^%J ^ \J RUN DATE: 7/IWOM IOII72UIOOIG PROPADDR 2150 HROSPCCTAVE OWNER NAME M C MADDIE & M MADDIO TAXPAYER MICHAEL CMADDIC NAME/AODR 2150 PROSPECT AVE CRYSTAL DAY MN 55J2J IIENNGPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST )« I01I72J)I002J PROP A DDK M ADDRESS UNASSIGNEO OWNER NAME CRAIG W A JUDY D CHRISTENSEN TAXPAYER CRAIG A JUDY CHRISTENSEN NAMt/ADDR Oil OROWN ROAD S WAYZATAMN 5'J9I J8 I0II7213I0024 PROPADDR 1275 BROWN RDS OWNER NAME rOWNOFORONO TAXPAYER CITY OF ORONO NAME/ADDR PODOX66 CRVSTAl.BAYMN 5532 J PAGb: i 38 I0II7231I002S PROP AODR 1275 BROWN RD S OWNER NAME TOWN OE ORONO IAXPAYER CITY of ORONO NAME/ADDR PO BOX 66 CRYSEAI HAYMN 55123 38 1011723310028 PROPADDR IJW ARDOR SI OWNER NAME STEVEN R HENSON TAXPAYER STEVEN R BENSON NAME/ADDR I290ARHOKST WAYZATAMN 5SJ9I 31 I0II7233I003I PROP AODR 1 250 ARBOR ST OWNER NAME CARYFBURTON TAXPAYER CARY R EARLEY NAMf/ADDR 1250 ARBOR SI PO BOX 22 CRYSIAL HAY MN 55323 3H 1011725310034 PROPADDR 12*5 AKHOKSr OWNER NAME. C J AtHRI.Oir A J L ALBRECHT TAXPAYER CJAJl.AmRECHT NAME/ADDR 1285 ARBOR ST WAYZAIAMN 55391 38 101 1 723310026 PROP ADDR 1 785 BROWN RD S OWNER NAME VII OF ORONO taxpayer ( TTY OI ORONO name /audr ponoxoo CRVSTAI. HAY MN 55.523 38 1011723310029 PROPADDR 12/0 ARDOR .ST OWNER NAME J E. EUl LEREONA A M MOLDZIO ^^^P^YEK I F* I'ULLEKION A A M MOLDZIO NAME/ADDR • 770 ARHOR ST WAYZATAMN 55391 38 101 1 723310032 PROPADDR 1261 ARBOR Sr OWNER NAME F A II PEIERSON TAXPAYER FP PEIERSON NAME/ADDR POUO.XIM CRYSIAL HAY MN 55321 58 IOII7233I003S PROPADDR 1295 ARI30RST OWNI'.K NAME R KIMBROUGH IIA R KlMDROlMill TAXPAYER RICHARD A REBECCA KIMBKOUOB NAME/ADDR 1295 ARBOR ST WAYZATAMN 55391 38 1011723310027 PROP ADDR 1 285 BROWN RD S OWNER NAME VIE OF ORONO T/VXPAYER CTIYOIOKONO NAME/ADDR PO BOX 66 CKYSEALBAYMN 55323 38 1011733310030 PROPADDR 1250 ARDOR ST OWNER NAME CARY F BURTON TAXPAYER CARYFEAIU.EY NAME/ADDR 1250 ARDOR ST PO BOX 22 CRVS1AI.DAY MN 55323 38 1011721310033 PROPADDR 1271 ARBOR ST OWNER NAME STEVEN G RICHARDSON ET AL TAXPAYER S7 EVEN & SARAH RICHARDSON NAME/ADDR 1271 ARBOR ST WAYZAIAMN 55391 38 1011723310097 PROPADDR 38 ADDRESS UNASSIGNED OWNER NAME VILLAGE Of ORONO TAXPAYER VILl.AGb OI ORONO NAME/ADDR P 0130X66 CRVSTAI BAY MN 55323 i; ‘ '4 -.1 »*':;t (I i I Vi “ -L 38 IUII7233I0I03 PROPADDR 2140 PROSPECT AVE OWNER NAME EENIELSb-N&J K JOHNSON TAXPAYER ERICERJtNNIEERKNIEUSEN NAME/ADDR 2140 PROSPECT AVE BOX 54 CRYSTAL DAY MN 55323 KUNOATE;7/IV20M HFNNEPIN countv property information SVJ> I bM PROPERTY OWNERS LIST OF THE HENNEPIN COUNIY TAXPAYER SERVICES DEPARTMENT. TO THE BEST OFMVKNOWUiOOEANDBEUEF.^^^^.^^ k t ; •• • / *'* '>■ < K 'll' Hennepin 11 Hennepin County Taxpayer Services Department 1^8 140 Q • •o .8 -8 13 ./ 1*0 ■ ■ ■ - . (72) UP . MINNETONKA A VE 7 149. 10-117-23-31- S'l*" •“ • ^ 145 K. CO 140 ^ ^ i^fCRYS' 140 g ■>AL ^ N o.: 11 1*0^ ^ " (39) «(3^J^ g 10 I<0„ (38) "1 2 !''&)50A.O50■■• / < >«= f « -VT 140 Q 8 140 q^ ;• rae;5 9r34j ^ 8 'J 7 140 « • 1 • •6 140 35) 140 168.35 12 «o/ 168.35 1 160.1 (31) ^ 157.62 (22) ^ 8 10 ^1 . 3\ 143.62 ^ 140.07 8 9 MTKA” 11 <ol 2 151.86(30) 8/ 14835 ^3) 132.55 (^0) ^ 135.38 8 «o 125.5 ('26j Si YSTALAVE 'PROSPECT AVE c 1 ^75 rst) 175 rg . «/ 199 / LkE (52; s 175 •• ♦_----------- nor; e/ S 3; 2 (54; g 175 IS1 ' 8 ^ 175 / _ 155 / / 4/ ri M V. Information \Jl^arcel ID 1011723310028 Housa Number 1290 Street Name ARBOR ST This Is not s logslly recorded msp. It rsprsssnts 0 compilation of informab'ori and data from City, County, and Stata road authoritias and other sources. SETBACK ZONE: (CIRCLE ONE) ■ EXISTING HARDCOVER IN ZONE A. House ^ HARDCOVER CALCULATION WORKSHEET 0-75*75-250' 250-500' ^00-1000^ 3e 104?^ Length Width B. Garage C. Driveway D. Sidew/alk E. Patio/Deck F. Landscape Underlain By Plastic G. Retaining Wails H. Other X X S a lo i X X X X X X X X X 20 s s 13 iQ n ^HO •w SF. SF. S.F. SF. S.F. S.F. S.F. S.F. S.F. ,S.F. SF. SF. .S.F. S.F. h 1C 8o S.F. TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE ZO i 4 ■7 H * B x100 ize<z\_____S F. A _____S.F. B l-V 72, % PROPOSED HARDCOVER IN ZONE A. House 26 •-7.lotcA Length Width S.F. City of Orono Pre-Application Meeting Form (This form is to be completed by a City Planner during your pre-application meeting/) For Office Use Only City Planner;(i¥uu\uCiu-iiXStreet Address: Mailing Address: 2750 Kelley Parkway P.O Box 66 Orono MN 55356 Crystal Bay, MN 55323-0066 Meeting Date/Time: '_______.. PC Date; Main; 952-249-4600 ^ * h in n j/f / § u ^ i t /,* — ,/v Fax; 952-249-4616 ! Ait j O^iici 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 Identification Number (PIN); _________________________ Zoning District: £fL\d>______Size of Property: IF. DESCRIPTION OF R^^EST: □ Average Setback ^jfelCSide Yard Setback □ Hardcover □ Lot Coverage □ Other: □ Rear Yard Setback □ Lot Area □ Front Yard Setback □ Lot Width Applicant ’s Initials:"]^^ HARDSHIP: Applicant has received the Hardship Documentation Form, understands it as it has been explained to them, and is aware that it must be completed and submitted in conjunction with their formal variance application. OTHER INFORMATION: *Please note: Your variance application will NOT be accepted without a pre-application meeting during which this form will be completed by City staff. Applicant Signature Date: e M 040 < s OQ £] ro <0 If) in tn K) O) —ol',‘o“/ \ \ \ \ \ \ ‘s \ \ \ oo X'V C’QZ s5 > ‘•l-s •ll X. V V V W x> X V o ^ •001 Kl­in u) \ ooc ooc \ Q3>- sii S5SoctrcK Q.CDO bO'OOK 3 ,.00 • • •iZOotO ±33u±s tiaayv C3AV QNZ V>|-J) rec CO o *n Csi O) (7) 00 O cn • dOD C CP (/) <l)o <u g b x> = >« i. n 1 0) -O 4)1 -Q <u 2 2^cn. — -C b O w-^ 0) Ql > ^ 1 S.SO 1 S ><£(DO ^1 CL 3*J= 0.0 c <D 1 cn'o ®11 « > -«1 S*® mo-c o 5 11 3o . c jC cn _0 tn 1 ton ^ cl) O' V-'1 ^ sx: c o o I <-•■ CD - O ^ O oT ^.0 £ •p ? 3 O oCO o tt-o >» 2 ci3 CA (O ^ z lAi .tn i, uma . < »ZKU ^ 01 5S| tt h mKa" ^ CD !S “• lut is Z n 3z - o n Jz oi<S =j0 01 ? 0!(0° "z 0< "■ J Date Application Received: 07-21-04 Date Application Considered as Complete: 08-02-04 60-Day Review Period Expires: 10-02-04 Cni !M^ii »*rr*TiMQ AUG 2 3 2004 CITY OF CRCXU REQUEST FOR COUNCIL ACTION Date: August 18,2004 7Item No Department Approval: Name: Melanie Curtis Title: City Planner_______ Administrator Approval:Agenda Section: Zoning Item Description: #04-3041 - Rebecca Holzem. 3407 Eastlake Street - Variances - Resolution Zoning District: Lot Area: Lot Width: LR-1 A, One Family Lakeshore Residential, 2-Acre/200’ width 4.180 s.f. (0.96 acre) 44’ List of Exhibits: A - Resolution per Plaiuiing Commission Recommendation B — PC Action Notice dated August 17,2004 C - PC Memo & Exhibits of August 9, 2004 Application Summary: The applicant is requesting the following: 1 . Lot area and lot width variances for a lot 4,180 s.f. in area and 44’ in width where 2 acres and 200’ of with are normally required. 2. A 50’ setback to the 929.4 elevation and a creek setback of 41 .5’ where 75’ is required and 15’ (detached garage) currently exists; and 3. A rear street setback of 1 5’ where 50’ is required and 18.8 ’ currently exists; and 4. Side setback variances for side setbacks of 10 ’ where 30’ is normally required and where 8 ’ (house) and 1 .4’ (detached garage) currently exist; and 5. A hardcover variance within the 0-75’ setback zone to allow 21.8% or 720 s.f. where 0% is normally allowed; and 6. A hardcover variance within 75’ - 250' setback zone to allow 47.0% or 378 s.f. where 25% is normally allowed._____________________________________________ Pliinning Commission Recommendation On August 16,2004, Plarming Commission voted 6-0 to recommend approval of the 0-75’ setback hardcover and 75’- 250’ setback hardcover, lot width, lot area, lake, crcck, rear street, and side setback variances. Staff Recommendation Approval per the attached Resolution. COUNCIL ACTION REQUESTED Adopt or amend the attached resolution. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-305 SUBDIVISION B, SECTION 78-282 AND SECTION 78-1288 FILE NO. 04-3041 WHEREAS, Rebecca Lynn Holzem, a single person (hereinafter “the applicant”) is the owner of the property located at 3407 Eastlake Street within the City of Orono (hereinafter the “City ”) and legally described as follows: Lot 1, Block 8, Bayside Addition to Lake Mirmetonka, Hennepin County, Minnesota (hereinafter the “property"); and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-305 Subdivision B to allow lot width and lot area variances for a property 4,180 s.f. in area and 44’ in width where 2 acres and 200 ’ of width are normally required; and WHEREAS, the applicant has made application to the City of Orono for variances to Orono Municipal Zoning Code Section 78-305 Subdivision B to allow a rear street setback of 15 ’ where 50 ’ is normally required, a creek setback of 41 .5’ where 75’ is normally required, and a lake setback of 50 ’ where 75’ is normally required and side setbacks of 10 ’ where 30’ is normally required; and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1288 to allow hardcover within the 0-75 ’ setback of 21.8% or 720 s.f where 0% is normally allowed and hardcover within the 75’-250 ’ setback of 47% or 414 s.f where 25% is normally allowed. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota; FINDINGS 1 . This application was reviewed as Zoning File #04-3041 . Page 1 of 5 2. 3. 4. 5. The property is located in the LR-IA, One Family Lakeshore Zoning District which requires a minimum lot area of 2 Acres and a minimum lot width of 200 ’. The Planning Commission reviewed this application at a public hearing held on August 16, 2004 and recommended approval of the variances based on the following findings; a. The property has 4,180 s.f. (0.096 Acre) in area and 44’ in width. b. No additional land is available for acquisition by the applicants to make the property conforming in area or width. c. The property is served with municipal sewer. A single family residence has existed on the property for many years. d. 79% of the applicant’s property is located within 75’ of the creek and the OHWL of Lake Minnetonka. e. Because the property is less than 10,000 s.f. in area it is allowed a 1,500 s.f. structural footprint absent other factors. Construction of a 864 s.f. home accounts for 21.8% of hardcover within the 0-75’ setback zone and 16% of hardcover within the 75’-250’ setback zone. f. The applicant has proposed minimal driveway, and walk (and has forgone a deck) in order to limit the magnitude of the hardcover excesses. g. The size of the proposed residence and magnitude of hardcover variance is consistent with other approved development in the neighborhood. 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 ^e proposed variance on the health, safety and welfare of the community. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning Page 2 of 5 • ^ 1 ^ 14 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 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 variance to Orono Municipal Zoning Code Section 78-305 Subdivision B to allow lot width, lot area, lake, creek, rear and side street setback variances, and variances to to Section 78-1288 to allow excess hardcover, subject to the following conditions: 1.Council approval is based on the site plan submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2.Hardcover in the 0-75’ zone shall not increase above the level of 21.8% or 720 s.f.. Hardcover in the 75-250’ zone shall be limited to 414 s.f. or 47% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicant is advised that any future requests to increase hardcover or change the nature of 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. 5.Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variances will expire on that date (August 2005). Page 3 of 5 Ci 6. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of the applicant and the applicant ’s heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 23*'’ day of August, 2004. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 23**' day of August, 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 5 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 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this by Rebecca Lynn Holzem, a single person. day of 2004 Notary Public Page 5 of 5 KJiiJ:{ll.UUA HOLZEM LOT 1, BLOCK 8. BAYSIDE ADDITION TO LAKE MINN HENNEPIN COUNTY, MINNESOTA EAST LAKE STREET oK)(S332)(933.4)(933.7) EAST 44.00 WLY LINE OF LOT 1 oo CNo oo ooo 929.4 CONTOUR-.. LINE /2__930 (9326) -930 --9^1 --------- WEST CM O iri 44.00 legal description of premises ^ feet of the West 50.00 feet of Lot 1, Block 8, Boysicje Addition to Lake Minnetonkc CITY OF ORONO 2750 Kelley Parkway PO Box 66 Crystal Bay, MN 55323 952.249.4600 ZONING FILE 04-3041 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: August 17,2004 TO: Rebecca Holzciii 3407 Eastlake St Long Lake, MN 55356 COPIES: TYPE OF REQUEST: Variances DATE OF MEETING: August 16, 2004 Plauning Commission recommended approval of the follow ing variances in order to construct a new single family home: 1. Lot area and lot width variances for a lot 4,180 s.f. in area and 44’ in width where 2 acres and 200’ of with are normally required. 2. A 50’ setback to the 929.4 elevation and a creek setback of 41.5’ where 75’ is required; and 3. A rear street setback of 15’ where 50’ is required; and 4. Side setback variances for side setbacks of 10’ where 30’ is nonnally required; and 5. A hardcover variance within the 0-75’ setback zone to allow 21.8% or 720 s.f. where 0% is normally allowed; and 6. A hardcover variance within 75’ - 250’ setback zone to allow 47% or 414 s.f where 25% is normally allowed. VOTE:6 FOR 0 AGAINST Applicant’s next scheduled meeting is confinned as; City Council - Monday, August 23,2004; 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. f FILE #04-3041 August 9.2004 Pag« 2 of 4 and lockboxes as regulated elsewhere in this Code. (b) Between 75 feet and 250 feet of the OHWL, there shall be no greater than 25 percent hard cover. Between 250 feet and 500 feet of the OHWL there shall be no greater than 30 percent hardcover. Between 500 feet and 1,000 feet of the OHWL there shall be no greater than 35 percent hardcover. Sec. 78-1403. Lot coverage. In all zoning districts, for all lots of 0-1.99 acres in total area, the total combined footpnnt areas of all principal and accessory structures shall not exceed 15 percent of the lot area. Exception: Regardless of lot area, every developed lot shall be allowed at least 1,500 square feet of lot coverage by principal residence and garage structures. List of Exhibits A. Application B. Hardship Documentation Form C. Existing & Proposed Survey/Site Plan D. Proposed Plans and Elevations E. Submitted Hardcover Calculations & Staff Analysis F. Photos G. Resolution No. 4846 (5415 Eastlake Street) H. Property Owners List I. Plat Map Background Rebecca Holzem is the property owner of 3407 Eastlake Street. The pioperty is located within the LR-IA Zoning District. The property owner would like to construct a new single family residence however, due to the small lot and zoning standards it is not possible to rebuild on the property without requiring a number of variances. LOT ANALYSIS WORSHEET Lot AreaAVidth: LK-IA Lot Area Lot Width Required 87.120 s.f. (2 acre)200’ Actual 4,180 s.f. (0.096 acre)44 ’ Setbacks: LR-IA Required Existing Proposed Lake 7j 15 ’37’ Rear ”50 ’18.8’18.8’ East Side 30’8 ’10’ West Side 30’15.5 ’10’ FILE #04.3041 August 9, 2C04 Page 3 of 4 structural Coverage; The total lot area is under 10,000 s.f. thus triggering the allowance per Section 78-1403 for structural coverage to exceed 15% of the lot area up to 1,500 s.f.._________________ Total Lot Area Total Structural Coverage 4.180 s.f. (0.096 Acre) Hardcover Calculations; Allowed: 627 s.f. (15%) or 1,500 s.f. Proposed: 864 s.f. (20.7 %)________ Hardcover Zone 0-75 75 - 250 Total Area in Zone 3,423 s.f. 1,065 s.f. Allowed Hardcover Os.f (0%) 266 s.f. (25%) Existing Hardcover 1.665 s.f.* (50.5 %) 331 s.f.* (37.6 %) Proposed Hardcover 720 s.f (21.8%) 37S s.f (43 %) After exclusion of fabric or plastic-lined landscape beds Conformance with the Neighborhood In 2002, a neighboring properly (3415 Eastlake Street) applied for and received variances in order to rebuild a new residence on another substandard lot within this neighborhood. The property at 3415 Eastlake Street is 100’ in width and 102 ’ in depth, with the same depth as the applicant’s property but over twice as wide. 3415 Eastlake Street received variances in order to construct a new home 13’ from the rear street lot line (50’ normally required), with a lake setback of 50’ (75’ normally required) and side yard setback of 28’ 2.5" where a 30’ setback is nonnally required. Creek/Lake Setback Variance The applicant has proposed a 37’ setback from the bank of the creek, identified in the Shoreland Overlay Ordinance as “Stubbs Bay Creek". Over 75% if the property is located within tlie 75’ setback from the OHWL. There is currently a garage located 15’ from the bank of the creek. The applicant is proposing to remove this garage and construct a tuck-under style with the new residence. Iii most lakeshorc or creek situations the City has attempted to maintain at least a 50’ setback to the principal structure. Side Yard Setback Variance The applicant’s proposal demonstrates that a 10’ side setback will be met for the new residence. The LR-IA side setback requirement is 30’ however; with a 44’ wide lot the side setbacks would overlap leaving no buildable area. The current proposal is not completely out of s>tic with the neighboring properties of this size. Rear Yard Setback Variance The cunent home is set back 18.8’ from the rear property line where a 50’ setback is normally required. With the rebuild the applicant has proposed to maintain that 18.8’ setback. The recent rebuild proposal at 3451 Eastlake Street was granted a variance for a rear yard setback of 13’ resulting in a 13’ long driveway which was 16 ’ wide serving a 2- car garage; thus allowing for guest parking. The applicant’s proposal is for a single stall tuck-under garage with minimal driveway to serve the property. The driveway currently proposed is 9’ in width and 18.8’ long. r u PILE #04-3041 August 9. 2004 Page 4 oM Hardcover Variance As over 75% of the property is located within the 75’ setback from the creek, so is most of the hardcover. The hardcover level existing on the property within the 0-75’ setback zone is 50.5% or 1,665 s.f.. The applicant has proposed a significant reduction to 21.8% or 720 s.f.. With the reduction within the 0-75’ setback, the applicant has proposed a slight increase within the 75’-250’ setback zone from 37.6% hardcover to 43%, a difference of 47 s.f.. Hardship Statement Applicant has completed the Hardship Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Floodplain Status This property, along with most other lots on Eastlake Street, are within a “sheet flow ” flood zone (area between 100 year and 500 year flood) due to topography and proximity to the creek, and will be required to meet the appropriate flood proofing measures. 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 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 overlapping setbacks, the size of the lot and the proximity to the creek there are hardships to justify granting some degree of variances for this property. Issues for Consideration 1. Does the Planning Commission feel that the property is similar enough to the property at 3451 Eastlake St to be held to similar standards? i.e. 50’ creek setback, etc? How would this impact the proposed house size or location? 2. Arc there any other issues or concerns with this application? Staff Recommendation If the Planning Commission feels there are sufficient hardships to justify granting the variances as presented, then a recommendation for approval may be appropriate. If Planning Commission wishes to maintain a 50’ setback from the creek, some additional encroachment of the street yard coupled with house size reduction may be appropriate. City of Orono Variance Application fex AI Street Address: 2750 Kelley Parkway Orono. MN 5535S Main: 952-249-4600 fax: 952-249-4616 Mailing Address: P.O. Box 66 Crystal Bay, MN 55322-0066 Application # I Date Received • j^i - o<7 Amount Paid: /,-nr’^. f ’c^ Staff: . ' LAt^V. /V /-(L. Fee:S600 __y Renew al- S30J After-the-fact: S1.200 Double Fee This application form must be completed in full. App '.cant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: Site Address; 3407 East Lak» Street. Orono. MN 55356 Property Identification Number (PIN): 05-117-23 13 0035 (Attach legal description to application if not included on the survey.) Date Property Acquired (month/year): 07/1996 □ Yes, I own the adjacent parcels. Present use of property: E Residential □ Other ______________________________ Zoning District: lr ia ______________ APPLICANT INFORMATION: (Complete legal nsres and marital status required for each interested party) Name: Rebecca Lynn Holr.em Phone (home): 612.801.1140 Phone (work):952.936.5042 Address: 3407 East Lake Street, Orono, MN 55356 Email*. rebecca .holzem^pettersRroup. com Fax:952.936.5050 OWNER INFORMATION: (Complete legal names Nam6! Rebecca Lynn Holzem 6*d marital status required for each interested party) Phone (home): 612.801.1140 Phone (work):952.936.5042 Address: 3407 East Lake Street, Orono,MN 55356 Email! rebccca .holzem@pettersRroup. com Fax;952.936.5050 DESCRIPTION OF REQUEST: Estimated Project Cost: $ i40.ooo.oo Describe the request in detail (attach additional sheets if necessary): ____________________________ SEE ATTACHED - EXHIBIT A _______________________________ # Q nff JL.4 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 f P / 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 M'; Original Certificate of Survey (signed by a licensed surveyor), meeting all the requirements ^ listed within this packet, including hardcover calculations. Also provide one copy 8.5" x 11" or 11" X 17" for reproduction. (@ Completed hardcover calculation worksheets (as provided within the variance packet). □ Topographic survey t’oluding existing and proposed elevations. Provide one copy 8.5" x 11" .. or 11"x 17" for reproduction. (□,*; Sketches or plans of floor and elevation views (provide one copy 8.5" 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 potential merit. Applicant’s Signature; Applicant’s Signature: loccc cv -v. ' 1 Date: Date; 67 1 g.\ ( 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: c C c< vS Owner's Signature: ________________ C V ^ ' ) Date: Date; 9 » Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting Planning Commission Meetings are normally held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant and advise the City Planner assigned to your project. r j A -i^ i Exhibit \p DESCRIPTION OF REQUEST: Existing structures - including 563 sq. ft. cabin and small detached garage that is 10.3* by 18.4 ‘ in size will be demolished and removed from site thereby significantly decreasing existing groundcover. Existing Driveway will also be removed. One new structure that will be 24’ x 36’ in dimension at 2 '/i stories tall will be built on the property to replace former structures. New structure will be centered on property with 10* set-backs on each side and approximate 50’ set-back from creek in the back yard. New structure will have a driveway 13* long and approximately 20* wide. New structure will consist of the following - see attached drawings; D' Story: y 1 'A car Tandem Style Garage > Small Entrance Area with Closet > Small Sitting/Craft Room > Small Room that will contain all mechanical equipment (Electrical Box. Furnace. U'ater Healer, Water Softener and Well Tank) V Staircase to 2"*^ level (consisting of storage area beneath) 2"'’ Story: > Kitchen with adjacent Pantry and Center Island > Dining Area V* 'A Bath with Laundry Facilities > Living Room >Staircase to 3'“ / 'A Story level Vi Story; > Master Bedroom > Full Bath > Guest Bedroom > Staircase to 2"** level M- o A /I irf U J. G>tei 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 / requires that a Hardship be demonstrated in order for a variance to be granted The hardship must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid hardships. In order for an application to be heard by the Planning Commission and City Council a hardship having merit must be demonstrated. HOW DO 1 PROVE A HARDSHIP? This form has 12 points outlining the basis City staff uses to determine if a hardship exists and how the variance will affect the surrounding community. To prove a hardship, address 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 those 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." Almost 75X of the property currently lies within the 0-75* setback area. 2.“The plight of the landowner is due to circumstances unique to his property not created by the landowner." Property was purchased by landowner In 1996 as it exists at present day - no changes have been made since date of purchase to structure size or i^Ttion. Therefore landowner did not create unique circumstances that exist with property. 3.•The variance, if granted, will not alter the essential character of the locality “ The essential character of the locality will not be altered if the variance is granted. The essential character will In fact be enhanced due to the removal of current ground cover that exists on the property. “Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." Economic considerations are not a factor pertaining to the variance request.___________________________________________________________________ #304jf- r-. r ^ 5. 7. 8, 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 Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter." Not Applicable_________________________________________________________ “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." Not Applicable_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___ _ _ _ _ _ _ _ _ “The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." Not Applicable______________________________________________________ “The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The properties surrounding the applicant's lot arc also undersized and do not meet the required area in the zonlnp district. Most lots on the street are 50' to 56' wide. "The conditions do not apply generally to other land or structures ir. *he district in which said land is located." The conditions apply to adjacent properties as well as to applicant's property^_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Existing structure is infested with termites and with wood rot. Removlug and replacing existing structure will only enhance the____ preservation and enjoyment of a substantial property right of the applicant. 1 “The granting of the proposed variance will not m any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code." Health, safety, comfort, morals, etc, will not be affected to any citizen within zoning area by granting proposed variance.__________ •# rr ''A ^ V /■ •V •y. • ;v r‘: ■-* J rVr^i iL 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." Granting of requested variances are necessary to alleviate demon^r®table hardship as applicant will not be able to Improve or enhance property due to the extremely limiting size of said property If variances are not granted. 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); SEE ATTACHED - EXHIBIT B_____________________________________ Exhibit B Z' HARDSHIP STATEMENT: The property in question located at 3407 East Lake Street - Legal Description as follows: The East 44.00 feet of the West 50.00 feet of Lot 1, Block 8, Bayside Addition to Lake Minnetonka. This properly is 44’ X 102’ in dimension which is extremely undersized for the zoning district. Approximately 75% of the property is within 75 ’ of the 929.4 ’ water level The setback requirements are such that variances are required at all 4 sides of the property in order to build on the property. Adjacent properties consist of existing structures not owned by applicant/owner. € ^ * -V \ * • (=ii- ___ ( % • • • • « • I • • W • «ex.(^(REBECCA HOLZEM IN LOT 1, BLOCK 8, BAYSIDE ADDITION TO LAKE M HENNEPIN COUNTY, MINNESOTA s EAST LAKE STREET s LEGAL DESCRIPTION OF PREMISES : •^1 I I IN LOT 1, CERTIFICATE OF SURVEY FOR REBECCA HOLZEM BLOCK 8. BAYSIDE ADDITION TO LAKE MIW HENNEPIN COUNTY, MINNESOTA otn EAST LAKE STREET s ex-PI t(S p i mi D«P >• : Crr.'*. < • * *3 I •■J r ■• ••••<r • Exhibit C HARD COVER CALCULATIONS existing PROPOSED Lot Total Square Footage 0 - 75* Square Footage 75* - 250* Square Footage House 0 * 75’ House 75' - 250’ Garage Patio Driveway 0-75’ Driveway 75* - 250* 4,488 3.423 1,065 748 29 188 103 626 302 Lot Total Square Footage 0 - 75’ Square Footage 75’ - 250’ Square Footage House 0-75’ House 75’ - 250’ Garage Patio Driveway 0 - 75’ Driveway 75* - 250* TOTAL 1,996 TOTAL Cover 0-75* Percentage of Cover 0-75’ 1,666 88 6% Cover 0 - 75* Percentage of Cover 0 - 75’ Cover 75’ - 250’ Percentage of Cover 75' - 250' 332 31.0% Cover 75’ - 250’ Percentage of Cover 75’ - 250’ .* ■ / f *• *.• ' • •^ • * 4,488 3,423 1,065 720 144 0 0 0 234 1,098 720 21 0% 378 35.5% r f ]; l!=j: 1-1l;|^^r^' ^U^K^AiTTBOi CAiJL\JlJ^rtoKi\ NifiT" e^.C\^\.vX€ h I. V.l<! «I. ^'Vsfe - 6«^’?'’'‘/‘>'0 ' V,/^o sf. • • 1 l!j O'”’^' 2^® * ~}s-y-HH - SSoO c£ g€0 • 1.' I’i i’’|!i^■^!ST7/^C=. UC- i I' *!l! »•» l! i:' H ous 6 j 6>/VAMr^ f MIOt I • if: I'i Il6 Osi^ nH9^ \2>2> 103 (^2. (a '?X-ZST> e.^ 30*^ /6? s-^, /(•«or^53oo t •5o,^Yo s:^i 3> 2.« /&30 = 3*7 . (a */» ! • *i44 '(lo p/<T/d) 0-^r - ?s"o _ 'TIO /‘/'Z Ji! » <V\ * 1 • 4'«« 11;i'. 2 . • • ?«• ^ X Q r ~ *7 3_ - • m0^ mm •> • • ^Oy/2-.&0 = ^ i 0 ! 0 ; Milk • . v >/ AT. ‘ /.V f / .» • ♦ - »* •' HV. ,'.;’ 'W .J N Y / ■ -Y vvt .I . J ^'.. V t V^ .V ^ f > . JC •Y’ -.y. i , ■*• « *V ^ . • ’ • •y ~ * ‘K •'I** / '.,v . ' -A- ‘ • r. *' . . . ' . ' 1*;^^ N. ♦ t •.. 0 f .f. \ ‘^ 'i X .•*t» • r. X •% • • . I t *• r. ^ ’ 0 I .V .. Cl . ; ■; , ■'•.•'■" ■ ' '. 'em !??#« !iii ’ Y i\ %v^%r *. -' -rxin'mm ;-^' • * ' .,'* P __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________. ■ _______________________________________________________________________________________________________________^__________________ / .i'". . *.* ' 'Ki' ' ‘ »' ■'•' ■ *v ^. t' .wOTscsu^r^ ,.i *’ ■ -.4 <S1 -iiL «« ■xw; rMT / r/ilV . V -V . V" r / f •X*\- ' • '.' • '■' • Pk^* >,? j-ru' •-v>. ^ :7: w. ■••>f' ii'.’s • . 'v/ • • /i • t .' V.,. ;. -:• • |P#;V j S'" ^ “W liiii v^"’ ■ t4 ic. •• \ . I *-isi n N ** " VT -' •> ;>. ■• «■, ♦•*r‘ :■> , IHMT 1 ► V ^ Jif. i ex-6? TO MUNICIPAL ZONING CODE SECTION 10.23, SUBDIVISION 6(B), SECTION 10.55, SUBDIVISION 8, SECTION 10.22, SUBDIVISION 1 & 2; AND SECTION 10.56, SUBDIVISION 16 (L)(l & 2), FILE NO. #02-2805 WHEREAS, Carson Erickson arid Franklin Fox, (hereinafter "the applicants") are the 6\vners of the property located at 3415 Eastlake Street within the City of Orono (hereinafter "the City") and legally described as follows: The west 50 feet of the East 100 feet of Lot 2, Block 8, Baysidc Addition to Lake Minnetonka, also the West 50 feet of the east 150 feet of Lot 2, Block 8, Baysidc Addition to Lake Minnetonka, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.23, Subdivision 6 (B), Section 10.55, Subdivision 8, Section 10.22, Subdivision 1 and 2, and Section 10.56, Subdivision 16 (L)(l and 2) to permit new residential single family construction on a lot that is 100 feet wide where 200 feet is required, on a lot that the area is .23 acre where 2 acres is required, a front yard setback to be 13’ where 50’ is required, a lakeside setback of 50’ where 75’ is required, a side yard setback to be 28.29 feet where 30’ is required, 919 s.f ofstructure within 75’ ofOHWL where 0 s.f is allowed, 1,219 s.f. (16.25%) hardcover in 0-75’ setback zone where none is allowed, 760.5 s.f. (30.5%) hardcover in 75-250’ setback zone where 621.75 s.f. (25%) is allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: 1. 2. FINDINGS This application was reviewed as Zoning File #02-2805. The property is located in the LR-l A Zoning District, where 2 acres is the minimum Page 1 of6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 8 4 6 3. 5. required lot area. The property consists of approximately .23 acres or 10,200 s.f, (9,987 s.f. absent the area below the 929.4 ’). The Orono Planning Commission reviewed this application on July 15, 2002 at which time the Planning Commission tabled it for revisions. The applicants revised the application which revisions were reviewed by the Planning Commission on July 17,2002, at which time Planning Commission recommended approval of the revised proposal on a vote of 7 to 0. 4. The Planning Commission made the following findings of fact: A. B. The property has been developed with a residential use since at least 1958. Approximately 75% of the property lies within the 0-75’ setback zone, and a residence cannot be constructed on the property without encroaching substantially into the 0-75 ’ zone. C.There is no additional land to combine with the property. The properties surrounding this lot are also undersized, are residentially developed, and do not meet the required area in the zoning district. D.The residence meets City ordinance standards for structural lot coverage. The residence has been located to provide an acceptable street setback while minimizing driveway hardcover. E. The property can not be redeveloped unless variances are granted. F. The lot is provided with and has been fully assessed for sanitary sewer. The City Council finds that the conditions e.<isting on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance will not adversely affect traffic conditions, light, air, nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; Page 2 of 6 If I CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ____4 8 4 and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6.The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City Staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, Om)ER, AND CONDITIONS Based upon one or mere of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.23, Subdivision 6 (B), Section 10.55, Subdivision 8, Section 10.22, Subdivision I and 2, and Section 10.56, Subdivision 16 (L) (I .and 2) to permit new residential single fiimily construction on a lot that is 100 feet wide where 200 feet i.s required, on a lot that the area is .23 acre where 2 acres is required, a front yard setback to be 13 ’ where 50 ’ is required, and a lake setback of 50 ’ where 75’ is required, a side yard setback to be 2S feet 2 '/z inches where 30 ’ is required, 919 s.f. of structure within 75’ ofOHWL where 0 s.f. is allowed, 1,219 s.f. (16.25%) hardcover in 0-75 ’ setback zone where none is allowed, 760.5 s.f. (30.5%) hardcover in 75-250’ setback zone where 621.75 s.f. (25%) is allowed. Approval is subject to the following conditions: 1.Council approval is based on the site plan submitted by the applicant attached to tliis resolution as E.xhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. 2.Authorities granted by this variance mn with the property not with the applicants, but arc permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or these variances will expire on that date (August 12, 2003). 3.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 6 i r I cr^o CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO.____a. H A ^ _ 4.The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City or Orono, Minnesota at a regular jneetLng held on the 12th day of August, 2002. ATTEST: / Ly ^ndaS. Ve«, City Clerk AProperty Owner (s) Barbara A. Peterson, Mayor STATE OF MINNESOTA COUNTY OF HENNEPIN tV The foregoing instalment was acknowledged before me on this 1 2 th day of August, 2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was e.xecutcd on behalf of the City. r. RACHEL DODGE i.• ‘ J NOTARY PVJBUC • 'CTA MyCommisslonEjipifW Jin. 3'.2CC3 M /yc.<r,6CfZ^ Notary Public cT STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of August, 2002 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 1 Qcnau oiin 8«ees3S*a« )OCGE I .yry'"-' L V- \ RACHEL DODGE fc ( '-1 NOTA.VPUEUC-^"’"’' W ' • y M» ConvnWo" E»i>^ ; • •__.tv Page 4 of6 \ :4 ol O'CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 84 6 _ STATE OF MINNESOTA COUNTY OF HENNEPIN On this.:?'? day o f 4uols T' . 2002, C^*^Scn 3j'.‘ck^6n personally appeared before me, ____who is personally known to me whose identity I proved on the basis of /'1/0 7^^_______________________ whose identity I proved on the oath/affirmation of ., a credible witness and who executed the foregoing instrument, and acknowledged that he/she/'they executed the same as his/her/their free act and deed. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public ___ x! NOTARY PU9lX-MINr«SOU On this / ?) day o f 3}^.'id/r . 2002, rrt'lnkhr\ fj . fo/C personally appeared before me, ____who is personally known to me whose identity I proved on the basis of AAA? t)d.______________________ whose identity I proved on the oath/affirmation of . a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. DENISE M. LESKINEN NOTARY WBUC • MWNESOTA My ComniMion Espim Jan. 31.2CCS Page 5 of 6 Exhibit A H ADJACENT PROPERTY OWNERS’ ACKNOWLEDGEMENT FORM [print name(s)) (print address] have reviewed the plans fc the proposed improvement or proposed use of the property located at 5Y c-7' C t .ifff also referred to as Land Use Application No __________. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that 1 (we) am (are) aware of the improvement plans and that the proposed neighbor ’s project or use requires Council approval. I (TO) of -il-v -y-t tou ;r (print name(s)l [print adc’ i.ss] have reviewed the plans for the proposed improvement or proposed use of the property located at V l- *7 f: I I'>''11' also referred to as Land Use Application No _________. I (we) understand that in executing this acknov edgement. I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Property Owrjfir Date Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. r- fi.. RUN DATE ;7QI/KD4 38 03117231300)2 PROPADOR 3405 EASTLAKEST OWNER NAME MARK T KKONHULM TAXPAYER MARKTKRONHOLM NAME/ADDR 3«5 EASTLAKE ST LONG LAKE MN 55356 38 05IU23I30043 PROPADDR 3444 EASTLAKEST OWNER NAME D A MONGE & N A MONGE TAXPAY ER dean A & NANCY A MONGE NAME/ADDR 3444 E».ST LAKE ST S LONCUKEMN 55356 38 0511723130052 PROPADDR 3415 EASTIAKEST OWNER NAME CARSON M ERICKSON TAXPAYER CARSON M LRK'KSON NAME/ADDR 3415 EAS1IAKI; SI tONGLAKLMN 55350 HENNEPIN LOUNI Y PKUPJ;K I Y iNYUKivm i iui'< * i o i cm PROPERTY OWNERS LIST 38 05II723I30035 PROPADDR 3407 EASTLAKEST OWNER NAME REBECCA LYNN HOUEM TAXPAYER REBECCA LYNN MOLZEM NAMt/ADDR 3407 EASTLAKE ST LONG LAKE MN 55356 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 38 05I 1723*30044 3424 EASlLAKESr TERADKE&M ARADKE THOMAS E & MARGARET A RADKt 3424 EASTLAKEST LONCUKEMN 55356 38 0511723140060 PROPADDR 3403 EASTLAKEST OWNER NAME TROY W KENNEDY TAXPAYER TROYWKENNEDY NAME/ADDR M03 EAST LAKE ST LONCUKEMN 55356 38 0511723130036 PROPADDR 3409 EASTUKEST OWNER NAME ANDREW J SCHULTZ TAXPA5ER ANDREW SCHULTZ NAME/z^DDR 3409 EASTUKl; ST LONCUKEMN 55356 38 OSI172)130046 PROPADDR 38 A DDRE.SS UN ASSIGNED OWNER NAME D A MONGE & N A MONGO ■j^^P^YER DEAN A 8c NANCY A MONGE NAME/ADDR 3444 E UKE ST S LONCUKEMN 55356 38 0511723410022 PROPADOR 405 OXFORD RD OWNER NAME MARYANN G BRANDENBURG taxpayer MARYANN Ci BRANUENBL NAME/ADDR 405 OXFORD RD LONCUKEMN 55356 HVv I CERTIFY THAI I'HE FACTS RLPRESLKI hi) ARE AN ACCURATE AND TRUE REPRESENTATON OF INFORMA HON AS IT APPEARSTHIS DAT E ON THE RECORD rccTur UCKIKII--PIM fm INTY TAXPAYF.R SERVICLl DcPARTMENL 1X3 nU: Bp^TOFTHF, HENNEPIN COUNTY TAXPAYER SERViC^ OF MY .<NOWLEDCE AND PhLIEI-.^^^^yT. I/q(^ V i\j (7 r \ L Date Application Received: 07-21-04 Date Application Considered as Complete: 08-02-04 60-Day Review Period Expires; 10-02-04 AUG 2 5 2004 CITY OF ORONO REQUEST FOR COUNCIL ACTION Date: August 19,2004 Item No Department Approval:Administrator Approval:Agenda Section: Zoning Name: Melanie Curtis i\[\ Title: City Planner Item Description: #04-3043 — Jolui Holm & Susan Kerbcr, 1485 I3ay Ridge Rd - Variances Resolution __________ Zoning District: Lot Area: Lot Width: LR-IA, One Family Lakeshorc Residential, 2-acrc/200 ’ width 33,300 s.f. (0.76 acre) 112 ’-104 ’ List of Exhibits: A - Resolution per Planning Commission Recommendation B - PC Action Notice dated August 17, 2004 C - PC Memo & Exhibits of August 9, 2C04 Application Summary: The applicants are requesting the following: 1. An average lakeshore setback variance and a 75’- 250 ’ zone hardcover variance in order to replace an existing 13’ x 24 ’deck on the lake (east) side of their home; and 2. A 75 ‘ - 250 ’ zone hardcover variance in order to construct a 2-stall garage over existing hardcover (driveway) and to construct a covered entrance over existing hardcover (grade-level porch); and 3. A Side setback variance in order to construct a 2-stall garage 10’ from the side lot line where a 30 ’ setback is required and a 9.9’ setback is existing.___________________ Planning Commission Rcconimciidation On August 16. 2004, Planning Commission voted 6-0 to recommend approval of the a\erage lakeshore setback and side setback variances. Additionally, the Planning Commission voted 6-0 to recommend denial of the hardcover variance and requested the applicant reduce the 75’ - 250 ’ zone hardcover to 25% or 4,908 s.f. The applicant has agreed to reduce the 75’ - 250 ’ zone hardcover to be in conformance with the 25% requirement. Staff Recommendation Approval per the attached Resolution. COUNCIL ACTION REQUESTED Adopt or lunend the attached resolution. 1 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-305 SUBDIVISION B AND SECTION 78-1279 SUBDIVISION 6 AND DENYING A VARIANCE TO SECTION 78-1288 SUBDIVISION B FILE NO. 04-3043 WIIERE'AS, John Charles Holm and Susan Marie Kcrher. husband and wife (hereinafter “the applicants”) arc the owners of the property located at 1485 Bay Ridge Road within the City of Orono (hereinafter the “City”) and legally described as follows; Tracts F and M. Registered Land Survey No. 192, Subject to easement for County Road No. 15, llcmicpin County. Minnesota (hereinafter the “property”), and WHEREAS, the applicants have made application to the City of Orono fo- a variance to Orono Municipal Zoning Code Section 78-305 Subdivision B to allow a garage addition to be constructed 10 ’ from the side lot line where a 30 ’ setback is normally required; and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono .Municipal Zoning Code Section 78-1279 to allow an existing deck to be reconstructed within the average lakeshore setback; tind WHEREAS, the applicants have nude application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1288 Subdivision B to allow a garage addition to be constructed and an existing deck to be rebuilt resulting in hardcover within the 73 ’ - 250 ’ setback of 5,448 s.f. or 27% where 26®/b currently exists and 25% is normally required. NOW, THEREFORE BE IT RESOLVED bv the Citv Council of Orono, Minnesota; FUNDINGS Page 1 of 6 rr •■A 1. This application was reviewed as Zoning File #04-3043. 2. 3. 4. The property is located in the LR-IA, One Family Lakeshore Residential Zoning District which requires a minimum lot area of 2 acres and a minimum lot width of 200’. The Planning Commission reviewed this application at a public hearing held on August 16, 2004 and recommended approval of side setback and average setback variances but denial of the hardcover variance based on the following findings; a. The property 33,300 s.f. or 0.76 acre in area and has 112’ - 104’ in width. b. No additional land is available for acquisition by the applicants to make the property conforming in area or width. c. The property is served with municipal sewe;. d. The property is similar in size to many of the existing developed lots in this neighborhood. e. The avetage setback variance will have no impact on lake views enjoyed by the neighboring property owners. f. The side setback variance will allow construction rf an attached garage at a 10’ setback where a 9.9’setback currently and will have no negative impacts on the open space or character of the neighborhood. g. The applicant’s request for a hardcover variance in order to increase the hardcover within the 75 ’ of the OHWL should be denied as there is no hardship to support the variance. h. The applicant has indicated an ability and willingness to reduce hardcover in the 75 ’ - 250’ zone down to the 25% allowed level. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff. Page 2 of 6 comments by the applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or 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 Section 78-305 Subdivision B to allow a side setback of 10’ where 30’ is normally required for the construction of a new attached garage and a variance to Orono Municipal Zoning Code Section 78-1279 Subdivision 6 to allow an existing deck to be reconstructed within the average lakeshore setback, and denies a variance to Municipal Zoning Code Section 78-1288 for hardcover in excess of the allowed 25% in the 75 ’ - 250’ zone subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan wliich are not in conformity with City codes will require further Planning Commis. .m and City Council review. 2. Hardcover in the 0-75’ zone shall not increase a' • . the level cf 59% 4,280 s.f. (C.S.A.H. 15). Hardcover in the 75-250’ zon^' ,1 be limited to 4,908.5 s.f. or 25% per the proposed plan and hardcover al) mce summary as depicted on Exhibit A. Applicants are advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved vvitliout 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-harJeover surfaces. Page 3 of 6 4. Required removals of structure and hardcover shall be completed by the footing inspection. 5. Authorities granted by this resolution run with the property not with the applicants, but arc 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 cr. that date (August 23,2005). 6. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the <:o;iing code, shall automatically tcr.iiinate any authority granted herein, and shall be punishable as a misdemeanor. 7. Tlie undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants ’ heirs, succes.sors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 23'** day of August, 2004. ATTEST: Linda S. Vec, City Clerk Barbara A. Peterson, Mayor Property Owner(s) Page 4 of 6 ____ completed by the footing e property not with the led by obtaining a building date of Council approval, 5). tns and conditions of this code, shall automatically lishable as a misdemeanor. 1 hereby agree to the terms and the applicants’ heirs, g of this resolution in the of August, 2004. STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 23''^ day of August, 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Mimiesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of , 2004 by Linda S. Vee, City Clerk of the City of Orono. a Miimcsota municipal corporation and said instrument was executed on behalf of the City. Notary Public 5on, Mayor STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this__day of by Jolm Charles Holm, husband of Susan Marie Kcrber. ,2004 1 Notary Public Pace 5 of 6 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this__day of by Susan Marie Kerber, wife of John Charles Holm. ,2004 Notary Public Page 6 of 6 CITY OF ORONO 2750 Kelley Parkway PO Box 66 Crystal Bay, MN 55323 952.249.4600 ZONING FILE 04-3043 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: August 17,2004 TO: John Holm & Susan Kcrber 148S Bay Ridge Road Wayzata, MN 55391 COPIES: TYPE OF REQUEST: Variances DATE OF MEETING: August 16, 2004 Planning Commission recommended approval of the 10' <^ide setback and average lakeshore setback variances with the following condition The applicant must reduce the hardcover within the 75’ - 250 ’ setback zone to 25% or 4,908.5 s.f.. VOTE:6 FOR 0 AGAINST Applicant ’s next scheduled meeting is confirmed as: City Council - Monday, August 23.2004; 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. J Lit:- W _ y a ti r FILE » 04-3043 A..gjst 9.2004 Page 1 of 4 Date Application Received; 07>21*04 Date Application Considered as Complete: 08*02-04 60-Day Review Period Expires; 10-02-04 To:Chair Rahn and Planning Commission Members Ron Moorse, City Administrator From: Date: Subject: Melanie Curtis, City Planner August 9,2004 #04-3043, John Holm «& Susan Kerber, 1485 Bay Ridge Road, Variance Public hearing Zoning District: LR-1 A. One Family Lakeshore Residential 2-Acrc/200 ’ Gross Lot Area: 39.707 s.f. (0.91 Acre) Net Lot Area: 33.300 s.f. (0.76 Acre) - excluding roads Defined Lot Width: 11 2' to 104' Application Summary: The applicants have applied for the following: 1. An average lakeshorc setback ' ariance and a 75’- 250 ’ zone hardcover variance in order to replace an existing 13’ x 24 ’dcck on the lake (east) side of their home; and 2. A 75’ - 250 ’ zone hardcover variance in order to construct a 2-stall garage over existing hardcover (driveway); and A side setback variance in order to construct a 2-stall garage 10’ from the side lot line where a 30 ’ setback is lequired and a 9.9’ .setback is existing; and 4. A 75’ - 250 ’ hardcover variance to construct a covered entrance over existing ______hardcover (grade-level porch).____ Sta/f Recommendation: Planning Department Staff recommends approval of the variances with the following condition: 1. Hardcover within the 75’- 250 ’ zone shall not increase above the existing level 26% or 5056 s.f.. Hardship: The location of the home and the narrowness of the lot. Pertinent Zoning Ordinance Sections Sec. 78-305. Area, height, lot width and yard requirements. (a) Height. No structure or building in the LR-1 A, district .shall exceed 2 1/2 stories or 30 feet in height except as provided in section 78-1366. (b) Lots. The following minimum requirements ahalt be observed: Lot Area (acre) Lot Width (feet) Front Yaid (feet) Side Yard (feet) Side Yard Adjacent to Street (feet) Rear Yard (feet) 2 200 50 30 50 50 mm FILE #04-3043 August 9 2004 Page 2 of 4 Sec. 78-1279. Placement of structures on ’ots. (6) Average lakeshore setback No principal or accessory structure shall be located closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots; except that this does not apply to stairways, lifts, landings and lockboxes. Further, the average lakeshore setback shall apply only to classified lakes and shall not apply to tributaries. The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. Sec. 78-1288. 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 vributary, except for stairways, lifts, landings and lockboxes as regulated elsewhere in thi.'. Code. (b) Betw'een 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 tiie OHWL tiierc shall be no greater than 30 percent hardcover. Between 500 feet and 1,000 feet of the OHWL there shall be no greater than 35 percent hardcover. (Ord. No. 101 2nd series, § 1(1C 56(16)(L)), 2-24-1992) List of Exhibits A. Application B. Hardship Documentation Fotm C. Existing & Proposed Survey.'Site Plan D. Proposed Plans and Elevations £. Submitted Hardc »ver Calculations F. Photos submitted by Applicant G. Photos of project H. Propeny Owners List I. Plat Map Background John Holm & Susan Kerber arc the property owneis and applicants at 1485 Bay Ridge Road. The applicants wish to replace in-kind a rotted deck on the east side of their home, add a covered entry on the west entrance and construct a 660 s.f. garage addition to their existing home. Their home currently encroaches kito the 30 ’ side setback on both of the side lot lines, and in order to construct the garage addition a side setback variance is required. Their 380 ’ x 104’ property is located within the LR-1A Zoning District. LOT ANALYSIS WORSHEET Lot ArcaAVIdth: LR-IA Lot Area Lot Width Required 87,120 s.f. (2 acre)200’ Actual 33,300± s.f. (0.76 ac.'e)104’-112’ FILE n 04-3043 August 9. 2004 Page 3 of 4 Setbacks; LR-IA Required Existing Proposed Front 50'197’172’ Rear 50’80’No Change North Side 30’9.9’10’ (proposed garage) South Side 30'8.2’No Change Lakeshore 75’134’No Change A\’cnys Lakesliorc 190’-170’ froinOHWL 30‘-l5’ into setback (deck) 30’-15’ into setback (deck) Structural Coverage: Total Lot Area Total Structural Coverage 33.300 s.f (0.76 Acre)Allowed; 4,995 s.f (15’/o) Proposed; 3,335 s.f. (10 %) Hardcover Calculations: Hardcover Zone Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover 0-75 7,291 s.f Os.f (0%) 4,280 s.f (59 %) County Road 15 constitutes all hardcover w/in this zone 4,280 s.f (59 %) 75 -250 19.634 s.f 4,908.5 s.f (25%) 5,056 s.f* (26%) 5,448 s.f (27.7 %) 250- 500 12,819 s.f 3,845.7 s.f (30%) 1,923 s.f 1 (15%) 1,923 s.f (15%) After exclusion of fabric or plastic-lined landscape beds Side Yard Setback Variance The north side of the home is currently located as close as 9.9 ’ from the side lot line tapering to 12’ at its most conforming corner. The applicants are proposing to construct their attached garage (including the roof overhang) no closer to the side lot line than 10’. Hardcover Variance The garage is proposed to be constructed over existing driveway hardcover, and the deck will not increase in size as it is proposed to be reconstructed in-kind. The property currentlv has 26% or 5,056 s.f. of hardcover within the 75 ’-250 ’ setback zone; the applicants are proposing a net increase of 1.9% or 392 s.f.. The increase in 75 ’-250 ’ hardcover could easily be eliminated by reconstructing the driveway parking area so that more of it is in tlie 250 ’- 500 ’ zone. FILE # 04-3043 August 9. 2004 Page 4 of 4 Average Lakeshore Setback Variance Half of the existing home, including the subject deck, is located within the average lakeshore setback. The shoreline runs at an angle to the properties along this portion of eSAH 15 and the neighboring homes are staggereu such that the property to the south of the applicants ’ is entirely behind the applicants* home. The proposed deck is completely blocked from view of the property owner to the south by the applicants ’ home. 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 In considering appiicalions for variance, the Planning Cc.nmlsslon shall consider the effect of the proposed variance upon the health, safety and welfare of the conununity, 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 Conunisslon 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 with respect to the average lakeshore setback variance the angle of CSAH 15 and the staggering of the homes along the lake, the reconstruction of the existing deck will have minimal impact on the lake views from the neighboring properties. Also, due to the location of the existing home and the narrowness of the lot there is hardship for the side setback variance as if the garage were required to meet the 30 ’ setbacks on both sides it would have to be constructed directly in the middle of the existing home blocking an existing porch and the main entry. However, staff does not find that a hardship exists for which to grant the hardcover variance and the applicant should be required to relocate the driveway parking area hardcover so as not to exceed the current 75 ’-250 ’ hardcover level. Is.sues for Consideration /\rc there any other issues or concerns with this application? Staff Recommendation Planning Staff recommends approval of the average lakeshore setback and side setback variances, and denial of the hardcover variance request. The applicants ’ should be required to not exceed their existing level of hardcover within the 75 ’- 250 ’ setback zone. City of Orono ^ Variance Application_______ Street Address: 2750 Kelley Parkway Orono. MN 55356 Main: 952-249-4600 fax; 952-249-4616 Mailing Address: . P.O. Box 66 Crystal Bay. MN 55323-C066 Application # ^>0^^ Date Received, (yj 7J 0 Amount Paid: & (fuD-r' Staff; HUHlJuJ. Fee: S600 t'U Renewal; S300 After-the-fact; $1,200 Double Fee This application form must be completed in full. App icant will bb notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: Site Address; /. /L/a.' ST^v / Property Identification Number (PIN): (Attach legal description to application if not included on the survey.) Date Property Acquired (month/year): □ Yes, I own the adjacent parcels. Present use of property; .<£1 Residential □ Other ______________________________ Zoning District; ______________________ APPLICANT INFORMATION: (Complete legal nc~es and marital status required for each interested party) Name; t^s /feu >'-/_________________________________________ Phone (home); <p<Z __________Phone (work); Address; c*A>yS Pi.-^ /iWi'd. ______________ Email. ty/t n^,-1 /-J ^ ri Fax; OWNER INFORMATION: (Complete legal names e*d marital status required for each interested party) Name; '^yc ftn i /w.i /e s f ^ Phone (home); y< .S s :> ji:Phone (work); /.,} ry^r. Address;• L-/S” /?, y I't/ A •* . -■*>*> '» 7 ’ Email; /irl,;. yt-.t-x •*' if.'y , i,., .' t Fax; f J , V .■ » . , J DESCRIPTION OF REQUEST: Estimated Project Cost; $ Describe the request in detail (attach additional sheets if necessary); ____________________________ f in/n.^cn'Cl u:-c‘C~ d if • • . jai—rw. REQUIRED SUBMITTALS; All of the following information must be submitted by the appiication deadline date in order for your application to be processed. □ .0□ B 0 Q□ 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 6J2-348-5910 Original Certificate of Survey (signed by a licensed surveyor), meeting alTltKe 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 8.5" 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 appiication 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 re^ardle^ of its i^t^tial merit. Applicant ’s Signature; • ^—-_____________Date: Applicant ’s Signature: / Date: O ivy- 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 investigatioo'arf^ vej^i^dation of tl^s request. Owner ’s Signature: Owner ’s Signature: u/lii /-m.- V Date: Ol/’ic/c"/ Date: Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are normally held on the third Monday of each month Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant and advise the City Planner assigned to your project. jir .V Page 1 of 3 HARDSHIP DOCUMENTATION FORM This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statue Section 394.27, Subdivision 7 requires that a hardship be demonstrated in order for a variance to be granted. The hardship must be unique to the property as variances run 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 haroship 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 rot be considered. Please address each of these hardship criteria as they relate to the request (some may not apply): 1."The property in question cannot be put to a reasonable use if used under ^.conditions allowed by the official controls." (!’' i.le' • <■">. 'Ir' fji: i" t-~ t ("td if.* •A'j '-It* j ‘ • >•..... ‘I I ■■ XT A' r 2."The plight of the landowner is due to circumstances unique to his property not created by the landowner." lv\/* /'Yl ( I rVw *■'>.. A** Cp V*> ‘>»t ‘>A. < t ( > ; i,' fir/ /'I-.. (c tCt. ' U y, ^ I<•«'I* f- vvv, -h. .v.-n ••• v (ivovv..1- -J ^ ; 3.“The variance, if granted, will not alter the essential character of the locality.” dec ric r»u : AA^il -fc. Vt? r t L-\ C c A j^ C>:v\V ■ V C .LI i V<A Tt . 4. -k htX,5. tVi** /Mrt. ♦' ____ ^ _ _ ^ "Economic considerations alone shall not constitute an undue hardship if r. reasonable use for the property exists under the terms of the Zoning Chapter." fl f ^ 7'’irjri L .I-./''V.' •. • '•A. .'•f/ •• 0 / • / t. r k Page 2 of 3 5.“Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered 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.” _ i i 1 w Ti • I't** L t‘., * p > __________ 7.“The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." 8."The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." Vw' i c f.~. ('.It i Pv, 0.\ sl'r C *'t ■ I* •. -Vi.,* Vv *■ .»'i ’ pV.: <rL”'% + .> “The conditions do not apply generally to other land or structures in the district in which said land is located." 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." (L'" v. 't' tX tX. ix-Qy-c r','illtyc ’'. t O rc._____ jA “tj *iCi.i T\ S-*. .«■ *1^; I: ■ ,Si. • » •.> j S ,*h t>. ii“ ^; I:, • I "■> /i f-y *■' t f T Vt y* ^ i’ll I <V 1 Vj ^ - ^ {UA.{) ."CVuriD a4u. “4o Hv.o* a vi-c. *V^/\ 11. '*The granting of the proposed variance will not in any way impair heaflh, safety. n ./*. comfort, morals, or in any other respect be contrary to the intent of the Zoning Code."r<3 i7 // <. {/ </!•* * tni c if cL* # // / ilf 7’ $ . / •/ t .» • V » # .V** • • •f 4 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.” (J.- a' rJitc-li’ t'VKr.»-U\ i'U*' -''Mi t'i’t’,C fC- ^ Ai/oxU. •' a. ^’\ C.-'«'• r/i*.*'" .•■.'•* Y'i/ C'l^" tl y Jk, C(*<1 . C 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); V* ■ • i'} ^ AMVNiayo %C. r fc!ieui_&^«H^. J 0 CO rnHLJrVfeilmibM- na»i»>i 1 f *mi >1 * l! HARDCOVER C.ALCLXA7ION WORKSEZZT SETBACK ZONE: (CIBCl-S ON'S) EvryirNf; FAapco\~a tn zone 7S-2£3'S£3-«5tr £0&*:scc' A. Hcuis Lar--.w-es X X B. Csrags « C. Dnvcvny C-^ 4 /•/. C'^LdJ D. Sldtw«lk X X E. Paiic/Deck X X 7. Landscape Underlain By Plastic X X X G. Other A TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE B X ICO - PROPOSED HARDCOVER tN ZONE A. Koiuc wiaa X X X B. Cange C DrivsNvay X X D. SldsNvalk X X E. Paiio/Dcck X X F. Landscape Underia-in By Plasdc X X X Q. Odier total kardcovee in zone _ total property area in ZON c B ___xlOO - •» * • w .1 • • • s.?. lltleiii. 1& ss. c * s.?. c aw*« • s.?. S«i^ • . S.7. S.r. S.F. S.F. SJ. S.F. S.F. ____________ S.F. A i / g.?: B % S.F. S.F. S.F. S.F. S.F. S.F. S.F. SI. SI. S.F. S.F. SE. S.F. Si'. SI. • SI. SI. % A B 1 iJ HARDCOVER C.\LCL“LATIO^■ Vr'ORXSx::-iA i SETBACK ZONE: (C1RC1.E ONE) O-TF TS-:::' z' Z£S-itZ ’J gViSTrs'G PASDCOVEa T>‘ ZONE A. Kc U35_________- ^ _____________ £00-1000* Lsr-r."*V.c± B. Gcnst • • • • C. Driveway D. SicewaOc E. Patic/Dcck r. Landscape Underlain By P;as:ic C. Other X X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE B ____X 100 - ^PROPOSED HARDCOVER IN ZOa N£ A. House _______________ * LfncL*i W'.cin B. CaRge C. Drivsway • D. Sidewalk E. Pai;o/Dcck F. Landscape Underlain By Plarric G. Cdier X X X X X X X X X X X X X ••• total hardcover in ZCN s TOTAL PROPERTf AREA IN ZONs. 4- B X ICO - 11 •f -T^A-C-T li'» tUcUciff> lU Ca ICi4UW*^<* ’ /. •••1; rr*- H! -; k w’ % * I ** ' 0 t s a 0m mm -7/(/o4- TB S-T. SJ. S.7. S.?. S.5. S S.r. S..-. S.r. S.F. S.F. S.F. S.F. S.F. _S.r. S.fT L% A B jC S.F. s;f. S.F, S.F. S.F. S.F. ' S.F. SJ. S.F. S.F. S.F. SJ. ' S.F. ■ SJ. S.F. • S J. A ’SJ. 3 " % •c y exF I .•T’ •". *'*0: h *► ‘V -. *. .^i *ii' * ^ -••y "''mmSSSS •r- V ' 4 * ' 5 V- \■,* «!m'. • 'Ji / ^ ■ . •>■ y' • ». ♦. # < • ^ •# « • />. / . ^i#lP-'ifilfii, iiiii I iiiiTfr->^j•. ‘I ■ ••••’Jg*^ ' •;^:^ '3 v*' . # . .. V %•<« \ ,‘i * •.: . •* . \ . ^ '* 4! ... /j hm I v'.i'^ -/.i *• 1 ‘ V cv. ^ ^ %V : X<f \. / • , *s ^ • > ' '■ *^ ' • % • * ^ •“W* '. .*• -. j' . . ; . , ’ •; ^ % ; r.' .^v . ‘•^.... - '^f.',';'' . • ■■.•♦■ -v-fv; t::v,^ ' ■ - > ■..••^w ^ . iS^ » » «. «. * » .W 4m •> BMKkV r V • V X i "r-i / - ) # // ^ e. r- •** % • « 4 -•I ^ / j •.« •#. A* F2 m V- j i-■■?’■■ 0Bl;:: 'M: .y r*^** j' ^ye [♦Vv: • > ^ ?«* i>3 »r-si '<’r/ I >"'3': f:^- - '‘i K- <'V ■r.'-. e • .'V 'M v.i ¥ ^m^,m *• -^IfT "3 t* «t«»%4. i - —^---j M i , ■ .••'3*, •.;• ^y: ' f. 5 ,'■ '■■>• •»t • * ■ . »'/1* . ’•" * ; ■' “* >/*'/'** . .*■ 1^ * / V *. , <• • # , .* ‘ ‘ «-,»• r< ''■■ -V- ■ ‘L.% * # -j . V* .*• . •••^ •;“ :> '- ‘ / / ♦ *) ___^ ■ !'■ : . - V f w y\ . ..m -v’'-4^?^.v-: a*-;' -i-i i •• ' <»v^ JJil r^ V V •** ^ • V V.I,. . K **f. 'V 4’ •• ^ * «• i*^ *4 *^ r, :••?'■ r ■■'&-' * ' 14 •' 4 * f ' -f>r. ' i, r: . . ■', ■.^ i • ■’- ’^ --^v •t- ^ ' ., •■ r ■ - 1■■H 1 / ; 7 •** • # // • •*-4 0 I / // , • \ 1 »<• • -'V'y c /•♦4^C. p V<i p ■'- rf FM !• /k' •. •' :• ' 4 k. ^ I *4 ^ r*’ * *< •' »v<. > *. • • » ■ •' ■*•• - ■ ^..»«I >?' * V ^ / ;:i*3&:.JIi^„ . 1 :- >. V vimih ••I f»-’—• <•*"’. ^''■U» m 1r(^ ■>Ir*-*■ k wwm ¥^m. fc . •. ■ ■ • ■ afS rfwif^; t'i' ,’'■s * •?'•<•• &: ■*• »* , *■ w.' t;, 4*: ». V.-^ .SsV-. iFTf' r:• • ♦ rf. -• • . 4»■'*■■* ■: \ ^ * ' • ■ v«r-.*-*- |f|'^ lJ{> '■ir•. •-*V j* 'isi ;U* m ' i Ml^ ifl :i ’*»'•.^,. i !» r<». ■ ■ ■ ■■- ’ ^ :!i i V* . .. » li i!f: ^ ilfii i. • •' fct.1••/P r*r^J^r' I ■l>-U ''t5® '. L£a-> •. K .*. i 1 I m :\ V, Biii# 3 fi^il rfr ' I »■ i Ri'. 1. *• ( '■ sp;r .; i ^ i »■ ' A' ' ^ -5^ <,' • 1: -■ > ' ‘x Yv .';•/*. :. y .,s’ ; (Iuv •/ V >— V<tp«qpwf»’^ t.i'' PK(£-PfiMtSHewr 5L ^'^ ' • ?wi .’' •!«*• > • r#/‘- •‘VV * -V' k-r'-Jf^ ■/‘W -..V I I*. 4^ I '* k*. V* * •> ?:!5i »* » '••lii,-.4V*j ar in(?ip-;-:rijr^ RUN DATE :7ftl«004 31 1011723110002 PROPADDR 38 ADDRESS UNASSKiNEO OWNER NAME HENNEPIN CO REGIONAL RRAUTH TAXPAYER HENNEPIN CO REGIONAL RR AUTH NAME/ADOR 4I7 5THSTNP320 MINNEAPOUSMN 55401 38 1011723340005 PROPADDR 1473 BAY RIDGERD OWNER NAME TRAMHMCCUNE TAXPAYER THOMAS R MCCUNE NAME/ADDR 1473 bay ridge RD WAYZATAMN 55391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 10II723330006 PROPADDR 2285 NORTH SHORE DR OWNER NAME GREGG W/DENISE E STEINHAFEL TAXPAYER GREGG W/DENISE E STEINHAFEL NAME/ADDR 1150 OLD CRYSTAL BAY RD ORONOMN 55391 38 1011723340006 PROP ADDR 1485 BAY RIDGE RD OWNERNAME SUSAN M KERBER&JOHNCHOLM TAXPAYER SUSAN M KERBER & JOHN C HOLM NAME/ADDR l«5 BAY RJDOE RD WAYZATAMN 55391 38 I0M72334U004 PROPADDR 1461 BAY RIDGE RD OWNERNAME D WI LICK 4 K LFUCK TAXPAYER DAVID & KARI FLICK NAME/ADDR >461 BAY RIDGE RD WAYZATAMN 55391 38 IOII723340007 PROPADDR 1501 BAY RIDGE RD OWNERNAME EDWILLETTE&KWII.LETTE TAXPAYER DAVID WIUETTE NAME/ADDR ' 501 BAY RIDGE RD WAYZATA MN 55391 PAGE; I 38 1011723340008 PROPADDR 1513 BAY RIDGF.RD OWNERNAME KENNETH A YOUNCBERG TAXPAYER KENNETH A YOUNCBERG NAME/ADDR 1513 BAY RIDGE RD WAYZATAMN 55391 •• - H * .4 fl'Si, n o ’ Q OFTHE HENNEPIN COUNTY TAXPAYER SERJYIOS DEPARTMENTsJOTIJEBEST , OF MY KNOWLEDGE AND BELIEF. y/'l!'CV DATE V ^ 7 BY 9! i k REQUEST FOR COUNCIL ACTION POI iM/^fi nfr-r-’TiMp AU6 2 5 2004 City of ohoivo DATE: August 23,2004 ITEM NO: ^ Dcparlnicnt Approval:tluvui rmppi UTiti* y . i Name Tom Kuehn 'f^yvyi Title Finance Director AdministrtUor Reviewed: Agenda Section: City Administrator's Report Item Description: Annual Financial Report Presentation Ken Malloy, of the City’s auditing firm, will present an overview of the 2003 Comprehensive Annual Financial Report. A copy of the report and the related Management Report, have been provided as part of the agenda packet. COUNCIL ACTION REQUESTED: No action required. U Tom\Word b CoiiMi Acynrty»)l\CAni,Ff Mialoa Wfi ■ •A V REQUEST FOR COUNCIL ACTION AUG 2 3 2004 Date: EWAvu Item No ^ ^ Department Approval: Name: Melanie Curtis Title: City Planner Administrator Approval:Agenda Section: Zoning Item Description: #04-3039 — City of Orono — Floodplain and Wetlands Management - Ordinance ________________ List of Exhibits: A - PC Memo as of August 11,2004 B - Summary Ordinance (to be distributed at Monday’s meeting) As the Council is aware, Planning Department staff has spent the last several months working on mandatory revisions to the floodplain regulations within the Floodplain and Wetlands Management Ordinance. As part of that process the Wetland regulations were also updated. Please refer to the public hearing staff report to the Planning Commission (attached as Exhibit A) for more information and a detailed summary of changes in each ordinance. The Planning Commission held a public hearing on Monday, August 16, and approved the draft ordinances unanimously. There is a sense of urgency with the adoption of the ordinances as FEMA has set September 2"‘* as the deadline for local governments to have updated ordinances in place. Missing this deadline means that our residents who currently have flood insurance will no longer be eligible. Should you have any questions or concerns with the proposed draft ordinances please contact staff during the day on Monday, August 23'** if possible in order to have your questions or concerns addressed prior to the meeting. Additionally, if Council finds that there are certain elements of the ordinances that require further study, those elements should be removed for review over the next few weeks, and the remainder adopted. The Summary Ordinance is cunently being drafted and will be distributed at Monday’s meetine. ______________________ Planning Commbsion Recommendation On August 16,2004, Planning Commission voted 6 - 0 to recommend approval of the ordinances. Staff Recommendation Adoption of the attached Ordinances. * i COUNCIL ACTION REQUESTED Adopt or mnend the attached Ordinances. FILE #04-3039 August 11. 2C04 Page 1 of 3 To;Chair Rahn and Planning Commission Members Ron Moorse, City Administrator From: Date: Subject: Melanie Curtis, City Planner August 11,2004 #04*3039. City of Orono Ordinance Revision Public Hearing List of Exhibits A. Existing Floodplain & Wetlands Management Ordinance B. DRAFT Floodplain Management Ordinance C. DRAFT Wetlands Management Ordinance D. Previous Memorandum to Council &. Planning Commission E. Correspondence from FEMA F. Correspondence from Mn DNR Background Due to recent reinterpretation of their regulations, the Federal Emergency Management Agency (FEMA) has mandated changes in local floodplain ordinances. FEMA requires that these changes are in effect in our community by September 2, 2004. On .luly 15. 2004, the DNR approved the draft ordinance. Our current Floodplain and Wetlands Management Ordinance is serving as two ordinances, .^t the time they were combined this may have been a convenient option, however new standards and regulations dictate that it is more appropriate to designate separate ordinances for each of these overlay districts. The wetland portion of the Floodplain and Wetlands Management Ordinance is outdated and staff has been working in conjunction with the City’s engineering consultant to develop a wetland ordinance which addresses the goals and strategies identified within both the Community Management Plan and Surface Water Management Plan and maintain conformance with the Wetland Conservation Act of 1991 (WCA) and the Minnehaha Creek Watershed District’s standards (MCWD). At the August 4“* work session, the Planning Commission and staff discussed the draft Floodplain Management and draft Wetland Management ordinances. Tom Lutgen (with the MN DNR) and John Sm>lh (from Bonestroo) attended the meeting to answer questions and helped to facilitate the discussion. The changes discussed at the work session have been included in the revised draft Ju r FILE #04-3039 Augjst 11. 2004 Page 2 of 3 ordinances which are attached herein. The goal is to have these draft ordinances before the Council for final approval on August 23'“*. 2. j. Summary of Floodplain Ordinance Changes: 1. Adoption of the most recent Flood Insurance Rate Map (FIRM) map revisions, Mandated changes in the definitions for: • Lowest Floor • Manufactured Homes • Recreational Vehicles • Substantial Damage & Substantial Improvement • General Flood Plain District Changes to the language regarding flood proofing Accessory Structures - which will be requiring two automatic openings in the outside walls of accessory structures Changes to the language for Flood Fringe Conditional Uses - regarding the automatic openings in the walls where internal flooding is to be used as a flood proofing technique Change to the language to Commercial Uses under All Flood Fringe Uses - regarding the measurement of water velocity Changes in the Administration section regarding the following: • Standards for requiring a permit • Notification for watercourse alterations • Notification to FEMA when physical changes increase or decrease the 100-year flood elevation • Variances - additional variance criteria Nonconforming Uses section regarding historic structures, substantial damage and substantial improvement 4. 5. 6. 7. Summary of Wetland Ordinance Changes: IVhu does the Ordinance apply to? The new wetland ordinance will apply in all of the following situations: 1. New development - A subdivision creating nev/ lots or development of vacant land will be subject to the requirements of this ordinance; or 2. Redevelopment - At any time when a property is redeveloped (i.e. new principal structure built) the property will be expected to meet the requirements of this ordinance; or 3. At any time a land use application is determined by staffer the MCWD to have adverse affects on a wetland; or 4. At any time a project consists of grading, fill or results in a disturbance area which exceeds 50 cubic yards or 5,000 s.f. on properties where wetlands are located. One of the goals of this new ordinance is to incorporate existing MCWD regulations regarding buffer strip requirements and size. The size of the buffer area w'ill be determined by the size of the entire wetland body as follows: FILE«04-3039 August 11.2004 Pag« 3 of 3 Size of Wetland 0 -1 acre 1 - 2.5 acres 2.5 - 5 acres >5 acres Width of Buffer Area From the_ Wetland Boundary 16.5 feet ____ 20 feet 25 feet 35 feet The City is also establishing regulations exceeding MCWD requirements some are as follows: . ,•1 . Establishment of an official City Wetland Map, in an effort to streamline our regulation and offer a concise map for staff and the public, 2. Establishment of a 20 foot setback from the buffer for structures. 3. Establishment of criteria for what defines an “acceptable” buffer: a. Aesthetics b. Functionality ... • e 4. Requirement for submittal of surveys and delineations in an electronic format which will enable the city to update the official City Wetland Map with each new delineation. Staff Recommendation Planning Staff recommends the Planning Commission forward an approval recommendation of both of the draft ordinances to the Council for final approval on August 23'**. ,.t;V ^ i . ^)C* A ARTICLE VIII. FLOODPLAIN AND WETLANDS MANAGEMENT* * Cross References: Waterways, ch. 94. Slate Law References: Floodplain management, Minn. Stat. § 103F.101 et seq.; floodplain management ordinances, Minn. Stat. § 103F.I21. DIVISION 1. GENERALLY Sec. 78-1101. Deflnitions. In addition to tenns defined in section 78-1, the following words, temis and pluases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Flood means a temporary rise in stream flow or stage that results in inundation of the areas adjacent to the channel. Flood frequency means tlie average frequency, statistically determined, for which it is expected that a specific flood state or discharge may be equaled or exceeded. Flood fringe means that portion of the floodplain outside of the floodway. Flood fi’inge is synonymous with the term "floodway fringe" used in the flood insurance study. State Law References: Similar provisions, Minn. Stat. § 103F.1 11, subd. 3. Floodplain means the areas adjoining a watercourse which have been or hcreafler may be covered by the regional flood. State Law References: Similar provisions, Minn. Stat. § 103F.11 1, subd. 4. Floodproofing means a combination of stnictural provisions, changes or adjustments to properties and structures subject to flooding primarily for the reduction or elimination of flood damages. Floodway means the chaimel of the watercourse and those portions of the adjoining floodplains which are reasonably required to carry and discharge floodwater and provide water storage during a regional flood. State Law References: Similar provisions, Minn. Stat. § 103F.1 1 1, subd. 5. Lake Minnetonka means the naturally occurring lake shown on all the official maps referenced in this chapter, including all bays, channels, inlets, lagoons, marshland and other water-connected portions, whether naturally occurring or artificially created: (1) Defined ordinary highwater elevation, 929.4 feet MSL. r*.. ] La (2) Defined floodplain boundary, 100-year flood, 931.5 feet MSL. Mean sea level means elevation measured in feet. Obstmction means any dam, wall, wharf, embankment, levee, dike, pile, bridge, abutment, projection, excavation, channel rectification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, wetlands or regulatory flood hazard area which may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to the damage of life and property. Natural obstruction means any rock, tree, gravel or analogous natural matter that is an obstruction and has been located within the floodplain by a nonltuman cause. Artificial obstruction means any obstmction which is not a natural obstmction. Ordinary’ high water level (OHWL) means the boundary of public waters and wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation chang *s from predominantly aquatic to predominantly terrestrial. For water courses, the ordinary high water level is the elevation of the top of the bank of the channel. For reservoirs and flowages, the ordinary high w ater level is the operating elevation of the normal summer pool. The designated OHWL has been determined by the state department of natural resources for certain water bodies as indicated in article IX of this chapter. Reach means a hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or manmade obstmction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach. Regional food means a flood which is representative of large floods know'n to have occurred generally in the state and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval. The term is synonymous with the term "base flood" used in the flood insurance study. Structure means an>thing which is built, constmeted or erected, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, which requires a location on, below or above the ground, land or water. Wetlands and marshland mean lowlands covered with shallow and sometimes L temporary or intermittent waters and also identifiable by wetlands vegetation and soil types. Wetlands soil types includes, but is not limited to marsh (Ma), peat and peaty muck (Pa, Pm), lake beaches (Lc, Ld), Hamel (Ha), and Glencoe (Gc) as identified and classified by the Hennepin Soil and Water Conservation District and/or Circular 39 of the United States Department of the Interior, Fish and Wildlife Service. Wetlands vegetation types includes but is not limited to bulrushes, cattails, arrowhead, sedges, marsh grasses as identified by the Hennepin Soil and Water Conservation District and/or Circular 39 of the United States Department of the Interior, Fish and Wildlife Service. (Code 1984, § 10.55(3); Ord. No. ICl 2nd series, § 3,2-24-1992) Cross References: Definitions generally, § 1-2. Sec. 78-1102. Statement of purpose. It is the purpose of this article to promote the public health, safety and general welfare and to protect the public interest against uncoordinated and unplanned land development which affects marshes, swamps, wetlands, drainageways, lakes and watercourses, which development, if allowed to continue, will result in loss and damage to public and private improvements tluough inundation by floodwatcrs and subsequent expensive construction of storm sewers and other public projects, in the irreparable destruction of these valuable natural resources, loss of water retention facilities, open space and wildlife habitats, and impairment of public and private water management program and the retention of open land uses which will locate permanent structures and artificial obstructions so as not to obstruct the passage of waters nor destroy the natural public water areas, marshes and wetlands within the city. In addition to these general purposes, the specific intent of this article is to: Reduce danger to health by protecting surface and groundwater supplies from the impairment which results from incompatible land uses by providing safe and sanitary drainage. Reduce the financial burdens imposed both on this community and on communities within the Mirmehaha Creek Watershed District and the individuals therein by frequent floods and overflow of water on lands. Permit and encourage planned development land uses which will not impede the flow of floodwatcr or cause danger to life or property. Permit and encourage land uses compatible with the preservation of the natural vegetation and marshes which are a principal factor in the maintenance of constant rates of water flow through the year and which sustain many species of wildlife and plant growth. (5) Avoid fast runoff of surface waters from developed areas to prevent i 11 pollutional materials, such as animal feces, motor oils, paper, sand, salt and other debris, garbage and foreign materials, from being carried directly into the nearest natural stream, lake or other public waters. (6) Encourage a suitable system of ponding areas to permit the temporary withholding of rapid water runoff which presently contributes to downstream flooding and general water pollution giving preference to areas which contribute to groundwater infiltration and recharge, thereby reducing the need for public projects to contain, store and control such runoff. (7) Provide sufficient land area to cairy abnomial flows of stomiwater in period of heavy precipitation, and to prevent needless expenditures of public funds for storm sewers and flood protection devices which proper planning could have avoided. (8) Prevent the development of structures in areas unfit for human usage by reason of danger from flooding, unsanitary conditions or other hazards. (9) Prevent the placement of artificial obstructions which restrict the right of public passage and use of the bed, bank and water of any creeks, marshes or watercourses w'ithin the city. (10) Protect against potential loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. (Code 1984, § 10.55(1)) Sec. 78-1103. Statutory authorization, findings of fact and method of analysis. Pursuant to the National Flood Insurance Act of 1968, the legislature of the state has in Minn. Stat. ch. 103F delegated the responsibility to local governmental units to adopt regulations designed to minimize flood losses. In addition, the regulations of the Lake Minnetonka Conservation District and the Minnehaha Creek Watershed District, the open space policies of the metropolitan council and its guidelines encouraging protection of marshes, wetlands and the floodplain areas all support floodplain and wetlands management controls as provided in this article. The floodplain and wetland areas of the city are subject to periodic inundation which results in potential loss of life, loss of property, destruction of natural resources, health and s^ety hazards, disruption of daily life and services, and extraordinary public expenditures for flood protection and relief This article is based upon a reasonable method of analyzing flood hazards which is consistent with the standards established by the state department of natural resources. (Code 1984, § 10.55(2)) Sec. 78*1104. Compliance. No structure or land shall be used and no structure shall be located, extended, converted or structurally altered without full compliance with the terms of this article and other applicable regulations which apply to uses within the jurisdiction of this article. (Code 1984, § 10.55(17)(B)) Sec. 78-1105. Interpretation. In their interpretation and application, the provisions of this article shall be held to be minimum requirements and shall be liberally construed in favor of the city and shall not be deemed a limitation or repeal of any other powers granted by state statutes. The boundaries of the floodplain districts shall be determined by scaling distances on the official maps. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the official maps, as for example where there appears to be a conflict between a mapped boundary and actual field conditions, the city engineer shall make the necessary interpretation based on elevations on the regional (100-year) flood profile. The person contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the city and to submit tecluiical evidence if he so desires. (Code 1984, § 10.55(28)) Sec. 78-1106. Abrogation and greater restrictions. It is not intended by this article to repeal, abrogate or impair any existing ordinance, regulation, easement, covenant or deed restriction. However, where this article imposes greater restrictions, the provisions of this article shall prevail. (Code 1984, § 10.55(29)) Sec. 78-1107. Warning and disclaimer of liability. This article does not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding or flood damages. This article shall not create liability on the part of tlie city or any officer or employee of the city for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder. (Code 1984, § 10.55(30)) See. 78-1108. Definition and establishment of protected areas. The floodplain and wetlands conservation area, hereinafter referred to as the protected area, is defined and established to be the low areas and floodplain adjoining and including any watercourse or drainage way or body of water subject to periodic flooding or overflow. These areas are divided into the following three protected area districts: (1) Floodway district (FW). The floodway district shall include those areas designated as floodway in the flood insurance study, including without limitation the surface and shoreline of Lake Minnetonka below elevation 929.4 MSL, the surface and shoreline of other lakes, ponds and wetlands below the ordinary high water elevation, and the designated floodway of all streams and flowage areas. Flood fringe district (FFD). The flood fringe district shall include those areas designated as floodway fringe in the flood insurance study, including without limitation the shoreline of Lake Minnetonka between elevations 929.4 MSL and 931.5 MSL, the area between the floodway and the edge of the 100-year flood on all other lakes, ponds and streams, all designated sheet flow areas, all intermittent streams, and ponding areas and all lands containing soil types classified as wetlands soils, whether or not there is water standing on those soils at any given time. (3) General floodplain district (GFP). The general floodplain district shall include those areas studied by approximate methods and designated as unnumbered A zones by the flood insurance rate map. GFP areas may include both floodway and flood fringe areas. Development of lands containing designated GFP areas shall be contingent upon submittal by the developer of topographic data (at contour intervals of no greater than two feet) and/or otlier engineering analysis sufficient for the city to detennine the actual extent of the floodway and/or the flood fringe. Upon such detennination, the restrictions of the FW and FFD districts shall apply. (Code 1984, § 10.55(4)) Cross References: Dcriniiions generally, § 1-2. Sec. 78-1109. Ofllcial flood protection maps. (a) The boundaries of the floodplain and wetlands conservation areas shall be and arc designated as shown on one or more of the following official maps: Those areas designated and shown as stream, lake, marsh, wooded marsh, submerged marsh, inundation area, intermittent lake or intermittent streams by the United States Department of the Interior, through the Geological Survey on maps and supporting data designated as Mound Quadrangle, Minnesota [NW/4 Lake Minnetonka (1958)] and Excelsior Quadrangle, Minnesota [NW/4 Lake Minnetonka (1958)]. (2)Those areas designated and shown as wetlands soil types on the wetlands inventory and classification aerial plat map overlays prepared by the Hennepin Soil and Water Conservation District (June, 1975). Those areas designated and shown as general floodplain, floodway or flood fringe by the Federal Insurance Administration on the Flood Boundary and Floodway Maps, Orono, Minnesota, and Flood Insurance Rate Maps, Orono, Minnesota, dated October 17, 1978. Specifically included is the explanatory material and tabular information contained in the Federal Insurance Administration Flood Insurance Study for Orono, Minnesota, dated April 1978. (b) The maps and studies designated in subsection (a) of this section arc adopted by reference as the official maps for the establishment of the floodplain and wetlands conservation areas and arc made a part of this article as if fully set out in this section. At least one copy of each official map shall be kept on file in the office of the clerk/administrator and shall be available for public review during all normal office hours. (Code 1984, § 10.55(5)) Sec. 78-1110. Zoning use districts. The zoning use districts as designated on the official zoning map shall remain unchanged with the adoption of this article. The provisions of this article, including the designation of floodplain and wetlands conservation areas, shall be in addition to all other provisions of this chapter. Whenever conflicts occur between other provisions of this chapter and provisions of this article, the most restrictive provision shall prevail. (Code 1984, § 10.55(6)) Sec. 78-1111. Regulatory flood protection elevation. The regulatory flood protection elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroaclunents on the floodplain. (1) The regulatory flood protection elevation within the floodway and flood fringe districts shall be established by adding 1.0 foot to the base flood water surface elevations within floodway listed in the floodw ay data table contained in the flood insurance study. Regulatory flood protection elevations between cross sections shall be interpolated. (2) The regulatory flood protection elevation for Lake Minnetonka shall be 932.5 MSL. (3) The regulatory flood protection elevation within the general floodplain district shall be calculated by a qualified registered professional engineer in accordance with procedures set forth in this article. (Code 1984, § 10.55(7)) Sec. 78-1112. Development restricted; prohibition. Except as specifically permitted, no filling, grading, dredging, excavation, hard cover, temporary or permanent structures, obstructions, septic systems, well or other construction shall be allowed within the floodplain and wetlands conservation area; nor L on any lands within 26 feet of such area; nor on any land within 75 feet of the ordinary highwater elevation of any lake shoreline, nor on land abutting, adjoining or affecting the area if such activity upon those adjacent areas is incompatible with the policies expressed in this article and the preservation of those conservation areas in their natural state. (Code 1984, § 10.55(8)) Sec. 78-1113. Floodway district (FW). The following uses have a low flood damage potential and do not obstruct flood flows. These uses shall be permitted within the floodway district to the extent that they are not prohibited by any other provision of this Code and provided all permits or authorizations are received as may be required by other provisions of this Code or regulation of other governmental agencies having jurisdiction, including without limitation, the Minnesota Department of Natural Resources, the Minnehalia Creek Watershed District, and the Lake Minnetonka Conservation District. In addition, no use shall adversely affect the capacity of the channels or floodways or any tributary to the main stream or of any drainage ditch, or any other drainage facility or system; and no use shall adversely affect the quality or quantity of groundwater runoff or the quality of the natural environment. (1) Permitted uses, when in conformance with this chapter, are: a. Agricultural uses, such as pasture, grazing and wild crop harvesting. b.Fish and wildlife sanctuaries. c.Recreational uses, such as fishing accesses, unpaved hiking, biking, horseback or nature trails, and picnic areas. d. Residential uses, such as lawns and gardens, provided no filling, grading or hard cover is involved. e.Seasonally installed residential boat docks for single-family dwellings. f. Natural stone riprap shoreline protection. g-Sand beach blankets meeting the requirements of the department of natural resources regulation 6MCAR15021B. (2) Conditional uses, when in confonnance with this chapter, are: All other forms of shoreline protection, including wood, metal, mortared stone or concrete seawalls. im b. All dredging or excavation of material from any lake bed, pond, or wetland or from adjacent land thereto. c. All permanent boat docks or other similar structures. d. All multiple boat docks, including residential or commercial structures, whether seasonal or permanent. e. Water control structures, such as dams, culverts and weTS. f. Bridges and abutments. S' h. Utility lines Other similar uses not specifically listed when approved by the council and other regulatory agencies, but no use shall be approved which will restrict or obstruct any flood flow or which will raise the level of any flood flow. (Code 1984, § 10.55(9)) Sec. 78-1114. Flood fringe district. The following uses have a low flood damage potential and do not obstruct flood flows. These uses shall be pcimitted within the flood fringe district to the extent that they are not prohibited by any other provision of this Code and provided all permits or authorizations arc received as may be required by other provision of this Code or regulation of other governmental agencies having jurisdiction, including without limitation the Miimesota Department of Natural Resources, the Minnehaha Creek Watershed District, and the Lake Mirmetonka Conservation District. In addition, no use shall adversely affect the capacity of the channels or floodways or any tributary to the main stream or of any drainage ditch or any other drainage facility or system, and no use shall adversely affect the quality or quantity of groundwater runoff or the quality of the natural environment. (1) Permitted uses, when in conformance with this chapter, are: a. Agricultural uses, such as pasture, grazing and wild crop harvesting. b. Fish and wildlife sanctuaries. c. Recreational uses, such as fishing accesses, unpaved hiking, biking, horseback or nature trails, and picnic areas. d. Residential uses, such as lawns and gardens, provided no filling, grading or hard cover is involved. e.Seasonally installed residential boat docks for single-family dwellings. f. g- Natural stone riprap shoreline protection. Sand beach blankets meeting the requirements of the department of natural resources regulation 6MCAR15021B. Agricultural uses, such as general farming, outdoor plant nurseries, horticulture, truck farming and forestry. I.Recreational uses, such as golf courses, tennis courts, driving ranges, archery ranges, parks and nature preserves. In areas other than wetlands, grading, filling or excavating of ten cubic yards or less, and subject to the appropriate permits as regulated elsewhere in this Code. Conditional uses, when in conformance with this chapter, are: a.All other fomis of shoreline protection, including wood, metal, mortared stone or concrete seawalls. b.All dredging or excavation of material from any lake bed, pond, or wetland or from adjacent land thereto. c. d. All permanent boat docks or other similar structures. All multiple boat docks, including residential or commercial structures, whether seasonal or permanent. e. f g- h. Water control structures such as dams, culverts and weirs. Bridges and abutments. Utility lines. Other similar uses not specifically listed when approved by the council and other regulatory agencies, but no use shall be approved which will restrict or obstruct any flood flow or which will raise the level of any flood flow. 1.Residential accessory structures, such as open decks and patios provided the structure meets the setbacks required by section 78- 1112. i j. Commercial storage of boats and marina equipment in the B-2 district, provided all storage meets the requirements of the B-2 district. k. Other accessory uses not specifically listed when approved by the council, but no use shall be approved which will restrict or obstruct any flood flow or which will raise the level of any flood flow. 1. All structures constructed as conditional uses shall be constructed in accordance with the state building code. (Code 1984, §§ 10.55(9), 10.55(10); Ord. No. 171 2nd series, § 3,4-4-1998) Sec. 78-1115. Minimum lot area requirements. The minimum lot area requirements of this chapter shall be interpreted to mean that all of the required land area for each building site shall be in one contiguous parcel undivided by floodway or flood fringe, and no land within the protected area shall be included in detcmiination of minimum lot area except as follows: (1) For properties not served by municipal sanitary sewer, the minimum lot area may be divided by flood fringe lands, provided at least 2.0 acres of land not within the protected area is included in one contiguous parcel, and legal access is available to that building site without encroachment on the protected area. (2) For properties served by municipal sanitary sewer, the minimum lot area may be divided by flood fringe lands, provided at least one-half acre of land not within the protected area is included in one contiguous parcel and both municipal sewer and legal access is available to that building site without encroachment on the protected area. (3) For properties abutting a classified public water, for purposes of complying with minimum lot area requirements, an area credit will be allowed for land within the flood fringe abutting the public water when such flood fringe land is not wetland. The owner or developer of such property will be credited with an amount of his land within the nonwetland flood fringe equal to but not exceeding the amount of his adjacent land which otherwise qualifies for development under this chapter. (4) All properties whieh were granted lot area credit or development density credit for wetlands as part of a subdivision, lot area variance, building permit approval or other city approval process under prior city ordinances (specifically, Ordinance No. 125, adopted December 28,1970; Ordinance No. 213, adopted October 26,1978; and Ordinance No. 1 2nd series, adopted March 12,1984) shall be considered as legally nonconforming as w Ji provisions of all applicable statutes. (Code 1984, § 10.55(11)) Sec. 78-1118. Land development and platting. No part of any lot within the floodplain and wetlands conservation area shall be platted for residential occupaney or for other uses which will increase the danger to health, life, property or the public welfare. All lots containing land within the floodplain districts shall contain a building site above the regulatory flood protection elevation. All subdivisions shall have water and sewage disposal facilities that comply with the provisions of this article and have road access no lower than two feet below the regulatory flood protection elevation. Whenever a portion of the floodplain and wetlands conservation area is located within or adjoins a land area that is being subdivided, the subdivider shall dedicate to the city an adequate perpetual easement over the land within the protected area and along each side of such area for the purpose of improving or protecting the area for drainage or other purposes expressed in this article and other recreational uses, as detentiined by the council. Public or private streets, driveways, drainage openings and culverts shall not be constructed unless their design has been approved by the city; and such structures shall be designed so as not to restrict the flow of water. SuDdivision applicants shall provide all certified engineering data, surveys, site plans, flowage calculations and other information as the city may require in order to deteniiine the effects of such development on the affected land and water areas. (Code 1984, § 10.55(15)) See. 78-1119. Removal of artificial obstruction. If an artificial obstruction is found after investigation by the city, an order shall be issued to the owner, following ten days' written notice and hearing, for removal within a reasonable time as may be prescribed by the condition and type of artificial obstruction. If the owner shall fail to remove the artificial obstruction or if the owner cannot be found or detennined, the city shall have the power to make or cause such removal to be made, the cost of which shall be borne by the owner or specially assessed against the lands in the same manner as prescribed by law for the levy of special assessments for municipal improvements, notwithstanding section 78-1116. The special assessment shall be c.rtified to the county auditor for collection in the same manner as the ad valorem real property tax of the city (Code 1984, § 10.55(i 7)(A)) Secs. 78-1120-78-1140. Reserved. DIVISION 2. ADMINISTRATION AND ENFORCEMENT* Cross Rcfci cnees: Administration, ch. 2. L Subdivision I. In General Sec. 78-1141. Administration. The zoning administrator shall administer and enforce this article. If he finds a violation of the provisions of this article, he shall notify the person responsible for such violation, indicating the nature of the violation, and ordering the action necessary to correct it. (Code 1984, § 10.55(18)) Sec. 78-1142. Record of first floor elevation. The zoning administrator shall maintain a record of the elevation of the first floor (including basement) of all new structures or additions to existing structures in the floodplain districts. He shall also maintain a record of the elevations to which structures or additions to structures are floodproofed. (Code 1984, § 10.55(24)) Sec. 78-1143. Variances. (a) In extraordinary cases, tlie council may authorize upon application such variance from the terms of this article as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of this article will result in unnecessary hardship so that the spirit of this article shall be observed and substantial justice done. No variance shall have the effect of allowing in any district uses prohibited in that district, permit a tower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those •equired by state law. (b) No variance shall be granted which the council determines will or has a tendency to: Increase the height or duration of floodwater in or along the Minnehaha Creek. Result in the placement of an artificial obstruction which will restrict the passage of floo.’water in such a manner as to increase the height of flooding, except obstructions approved by the Minnehaha Creek Watershed District in conjunction with sound floodplain management. Result in incompatible land uses or which would be detrimental to the protection of surface water and groundwater supplies. i (4) Increase the financial burdens imposed on the community through increased floods and overflow of water onto land areas within the city or onto land areas adjacent to Minnehaha Creek. (5) Be not in keeping with land use plans and planning objections for the city or which will increase or cause danger to life or property. (6) Be inconsistent with the objectives of encouraging land uses compatible with the preservation of the natural land forms, vegetation and the marshes and wetlands. (7) Include development of land and water areas essential to continue the temporary witliholding of rapid runoff of surface water which contributes to downstream flooding or water pollution or for land and water areas which provide groundwater infiltration which diminishes the land area necessary to carry increased flows or stormwater following periods of heavy precipitation. (c) Notice of all applications for variances to this article shall be sent to the commissioner of natural resources in the same manner as notices of conditional use peimit applications. (d) Applications for variances to this article shall be reviewed according to engineering conditions and relevant factors in the same manner as provided for conditional use permit applications; and in granting a variance, the city may prescribe appropriate conditions and safeguards which aie in confomiity with the purposes of this article. Violations of such conditions and safeguards, when made a part of the tenns under which the variance is granted, shall be deemed a violation of this article, punishable as provided in this chapter. (Code 1984, § 10.55(25)) Sec. 78-1144. Nonconformiog uses. A structure or the use of a structure or premises which was lawful before January 11,1979, or before amendment of this article but which is not in conformity with the provisions of this article may be continued subject to the following conditions: (1) No such use shall be expanded, changed, enlarged or altered in a way which increases its nonconformity. (2) No structural alteration or addition to any nonconforming structure over the life of the structure shall exceed 50 percent of its value at the time of its becoming a nonconforming use unless the structure is permanently changed to a conforming use or unless the alteration or addition would substantially reduce potential flood damages for the entire structure. » i Any alteration or addition to any nonconforming use which would result in substantially increasing its flood damage potential shall be protected in accordance with section 7*^-1176(5) If such use is discontinued for 12 consecutive months, any future use of the building premises shall conform to u.is article. The assessor shall notify the zoning administrator in writing of instances of nonconforming uses which have been discontinued for a period of 12 months. If any nonconfonning use is destroyed by any means, including floods, to an extent of 50 percent or more of its assessed value, it shall not be reconstructed except in conformity with the provisions of this article. However, the city may issue a conditional use permit for reconstmetion if the use is located outside the floodway and, upon the reconstruction, is adequately floodproofed, elevated or otherwise protected in conformity with this article. (6) Uses or adjuncts which are or become nuisances shall not be entitled to continue as nonconfoiming uses. Except as provided in subsection (5) of this section, any use which has been permitted as a conditional use shall not be considered as a nonconfonning use. (8) Nonconfonning uses located in the floodway district shall be eliminated or brought into confomiity with the standards contained in this article within a reasonable period of time as determined by the city, after a hearing for each such nonconfomiing use. The council shall make its determination upon the basis of the normal useful life of any improvement upon the premises. In addition, the monetary value of any competitive advantage derived by the operation of such nonconfomiing use, by reason of the limitation on establishment of competing businesses as a result of this article, shall be considered as a reduction of losses resulting from the requirement of termination of the use under this article. (Code 1984, § 10.55(26)) Sec. 78-1145. Amendments. The floodplain designation on the official maps shall not be removed from floodplain areas unless it can be shown that the designation is in error and that the area is at or above the elevation of the regional flood and is contiguous to lands outside the floodplain. Special exceptions to this rule may be permitted by the commissioner of natural resources if he determines that, throu^ other measures, lands are adequately protected for the intended use. All amendments to this article, including amendments to the official maps, must be submitted to and approved by the commissioner of natural resources prior to adoption. Changes in the official maps also require prior approval by y r 1 the Federal Insurance Administration. (Code 1984, § 10.55(27)) Secs. 78-1146-78-1165. Reserved. Subdivision II. Permits and Certificate of Zoning Compliance Sec. 78-1166. Declaration of nuisance. Any filling, alteration, construction or artificial obstruction of the floodplain and wetlands conservation area is declared to be and to constitute a public nuisance unless a permit to construe* and maintain the obstruction has been obtained in the manner provided in this subdivision. (Codel984,§ 10.55(17)) Sec. 78-1167. Required. A use permit issued by the zoning administrator in conformity with the provisions of this article shall be secured prior to the: Erection, addition or alteration of any building or structure; (2) Use or change of use of a building, structure or land; Change or extension of a nonconfomiing use; and (4) Placement of fill or excavation of materials within the floodplain. Where required by this article or any other zoning provisions, such use pcmiit may require prior review and approval by the planning commission and the council. (Code 1984, § 10.55(19)) Sec. 78-1168. Certificate of zoning compliance. It is unlawful to use, occupy or permit the use or occupancy of any building or premises, or both, created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of zoning compliance shall have been issued by the zoning administrator stating that the use of the building or land conforms to the requirements of this article. Where a nonconforming use or structure is extended or substantially altered, the certificate of zoning compliance shall specifically state the manner in which the nonconforming structure or use differs from the provisions of this article. (Code 1984, § 10.55(22)) i Sec. 78-1169. Applications. i Applications for a use pennit shall be made to the zoning administrator on forms provided by him and shall include all information required by this article, other zoning provisions, and/or any other infomiation required by the zoning administrator, city engineer, planning commission or the council. (Code 1984, § 10.55(19)(A)) Sec. 78-1170. State and federal permits. Prior to granting a use permit or processing an application for a conditional use permit or variance, the zoning administrator shall detemhne that the applicant has obtained all necessary state and federal permits. (Code 1984, § 10.55(19)(B)) Sec. 78-1171. Permit approval. The granting of any pennit under other provisions of this chapter shall not imply the approval of any work or use of land or water within the floodway or flood fringe districts. Where specifically required by this article, such approval may be expressly given in conjunction w ith other pcmiits applied for; but no approval shall be implied from the grant of such pennits nor from the necessity to apply for a pemiit as described in this subdivision. (Code 1984, § 10.55(20)) See. 78-1172. Effect of permit. The granting of a pcmiit under the provisions of this subdivision shall in no way affect the owner's responsibility to obtain the approval required by any other statute, provision of this Code, or regulation of any state agency or subdivision. (Code 1984, § 10.55(21)) Sec. 78-1173. Construction and use to be as approved. Use permits, conditional use pennits, or certificates of zoning compliance issued on the basis of approved plans and applications authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement or construction. Any use, arrangement or construction at variance with that authorized shall be deemed a violation of this article, and punishable as provided in this chapter. The applicant shall be required to submit certification by a registered professional engineer, registered architect or registered land surveyor that the finished fill and building elevations were accomplished in compliance w ith the provisions of this article. Floodproofing measures, w here permitted, shall be certified by a registered professional engineer or registered architect. (Code 1984, § 10.55(23)) A r Sec. 78-1174. Conditional use permit review. (a) Platming commission, council. Applications for conditional use permits shall be reviewed by the planning commission and the council in the same manner as other zoning conditional use permit applications. No conditional use peimit shall be issued unless the applicant, in support of his application, shall submit certified engineering data, surveys, site plans, flowage calculations and other infomiation as the city may require in order to determine the effects of such development on the affected land and water areas. (b) Notice to state. Upon filing of an application for a conditional use pcmiit, the zoning administrator shall submit to the commissioner of natural resources a copy of the application for proposed conditional uses sufficiently in advance so that the commissioner will receive at least ten days' notice of the hearing. A copy of all decisions granting conditional use permits shall be forwarded to the commissioner of natural resources within ten days of such action. (c) Conditions of approval. In granting a conditional use pcmiit, the city may prescribe appropriate conditions and safeguards, which are in confomiity with the purposes of this article. Violations of such conditions and safeguards, when made a part of the tcmis under which the conditional use permit is granted, shall be deemed a violation of this article punishable as provided in this chapter. (d) Engineering review. The city engineer or other designated expert shall review applications for conditional use pennits and applications for uses within the general fioodplain district and, consistent with Minnesota Regulations NR86-87, shall detennine whether the proposed use is in the floodway or flood fringe and shall detemiinc the regulatory flood protection elevation. The designated engineer or expert shall: (1) Estimate the peak discharge of the regional flood. Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas. Compute the floodway necessary to convey the regional flood without increasing flood stages more than 0.5 foot. An equal degree of encroachment on both sides of the stream within the teach will be assumed. (e) Factors upon which the decision of the city shall be based. In passing upon conditional use applications, the city shall consider all relevant factors specified in other provisions of this article, and: The danger to life and property due to increased flood heights or velocities caused by encroachments. M r (2) The danger that materials may be swept onto other lands or downstream to the injury of others. (3) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions. (4) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual ow ner. (5) The importance of the services provided by the proposed facility to the community. (6) The requirements of the facility for a waterfront location. (7) The availability of alternative locations not subject to flooding for the proposed use. (8) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. (9) The relationship of the proposed use to the comprehensive plan and floodplain management program for the area. (10) The safety of access to the property in times of flood for ordinary and emergency vehicles. (11) The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site. (12) Such other factors which are relevant to the purposes of this article. (Code 1984, § 10.55(12)) See. 78-1175. City determination. Based upon the technical evaluation of the designated engineer or expert, and based upon the factors listed in this subdivision, the city shall determine whether the proposed use is in the floodway or flood fringe and the regulatory flood protection elevation at the site. (Code 1984, § 10.55(13)) Sec. 78-1176. Conditions attached to conditional use permits. Upon consideration of the factors listed in this subdivision and the puiposes of this article, the city may attach such conditions to the granting of a conditional use permit as it deems necessary to fulfill the purposes of this article. Such conditions may include 1 1 p-rr but arc not limited to the following; (1) Modification of waste disposal and water supply facilities. (2) (3) (4) Limitations on period of use, occupancy and operation. Imposition of operational controls, sureties, and deed restrictions. Requirements for construction of channel modifications, dikes, levees and other protective measures. (5) Floodproofing measures, in accordance with the state building code. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. (Code 1984, § 10.55(14)) Secs. 78-1177-78-1210. Reserved. !i . ex. 3 ARTICLE VIII. FLOODPLAIN MANAGEMENT ORDINANCE TABLE OF CONTENTS DIVISION 1 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE 78-1101 78-1102 78-1103 Statutory Authorization Findings of Fact Statement of Purpose DIVISION 2 GENERAL PROVISIONS 78-1104 78-1105 78-1106 78-1107 78-1108 78-1109 78-1110 78-1111 Lands to Which Ordinance Applies Establishment of Official Floodplain Overlay District Map Regulatory Flood Protection Elevation Interpretation Abrogation and Greater Restrictions Warning and Disclaimer of Liability Severability Definitions DIVISION 3 ESTABLISHMENT OF FLOODPLAIN OVERLAY.DISTRICTS 78-1112 Districts 78-1113 Compliance DIVISION 4 FLOODWAY DISTRICT (FW) 78-1114 78-1115 78-1116 78-1117 Permitted Uses Standards for Floodway Permitted Uses Conditional Uses Standards for Floodway Conditional Uses DI\'ISION 5 FLOOD FRINGE DISTRICT (FF) 78-1118 78-1119 78-1120 78-1121 78-1122 Permitted Uses Standards for Flood Fringe Permitted Uses Conditional Uses Standards for Flood Fringe Conditional Uses Standards for All Flood Fan^'e Uses DIVISION 6 GENERAL FLOOD PLAIN DISTRICT 78-1123 Permitted Uses 78-1124 Procedures for Floodway and Flood Fringe Determinations J Dlttrta-I Map: 1/1/2004 milieu -1 - PAGE I 1 1 2 2 2 2 2 T 5 6 6 6 7 7 9 9 10 10 12 13 13 p .St n t \ DIVISION 7 SUBDIVISIONS 78-1125 78-1126 78-1127 Land Suitability Review Criteria Requirements for Fioodway/Flood Fringe Determinations Removal of Special Flood Hazard Area Designation SECTION 8 UTILITIES, RAILROADS, ROADS, AND BRIDGES 78-1128 Public UtiliHes 78-1129 Public Transportation Facilities 78-1130 On-site Sewage Treatment and Water Supply Systems DIVISION 9 PLACEMENT OF RECREATIONAL VEHICLES 78-1131 Recreational Vehicles DIVISION 10 ADMINISTRATION 78-1132 78-1133 78-1134 78-1135 Planning Director Permits, Certification Requirements and Record Keeping Appeals and Variances/Duties of the City Council Conditional Uses-Standards and Evaluation Procedures SECTION 11 NONCONFORMING USES 78-1136 Nonconforming Uses SECTION 12 PENALTIES FOR VIOLATION 78-1137 Violations 78-1138 Authority/Enforcement Actions SECTION 13 AMENDMENTS 78-1 139 Floodplain Designation 78-1140 Amendments to the Official Floodplain Overlay District Map 14 14 14 14 15 15 15 13 17 17 17 18 19 20 20 23 23 23 24 24 (12) (13) (14) (16) (17) (18) (19) Lowest Floor - the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building’s lowest floor. Manufactured Home - a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term “manufactured home" does not include the term “recreational vehicle.” Obstruction - any dam. wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood plain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water. (15) Principal Use or Structure - means all uses or structures that are not accessory uses or structures. Reach - a hydraulic engineering term to describe a longitudinal segment of a stream or nver influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach. Recreational Vehicle - a vehicle th?‘ is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self-propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of this Article, the term recreational vehicle shall be synonymous with the term travel trailer/travel vehicle. Regional Flood - a flood which is representative of large floods known to have occurred generally in Minnesota and reasonably charactenstic of what can be expected to occur on an average frequency in the magnitude of the 100-ycar recurrence interval. Regional flood is synonymous with the term "base flood" used in a flood insurance study. Regulatory Flood Protection Elevation - The regulatory flood protection elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway. The regulatory flood protection elevation within the floodway and flood fringe districts, except for Lake Minnetonka, shall be established by adding 1.0 foot to the base flood water surface elevations within floodway listed in the floodway data table contained in the flood insurance study. Regulatory flood protection elevations between cross sections shall be interpolated. b. c. The regulatory flood protection elevation for Lake Minnetonka shall be 932.5 MSL. The regulatory flood protection elevation within the general floodplain district shall be calculated by a qualified registered professional engineer in accordance with i DUlricbl Map: !/i/20Q4 rtxision -4- (20) (21) (22) (23) procedures set forth in this article. Structure - anything constructed or erected on the ground or attached to the ground or on ­ site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, recreational vehicles not meeting the exemption criteria specified in Section 78-1131(1) of this Ordinance and other similar items. Substantial Damage - means damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial Improvement - within any consecutive 365-day period, any recoi struction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred “substantial damage," regardless of the actual repair work performed. The term docs not, however, include either: a.Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which arc the minimum necessary to assure safe living conditions. b.Any alteration of an “historic structure," provided that the alteration will not preclude the structure’s continued designation as an “historic structure." For the purpose of this Ordinance, “historic structure" shall be as defined in Code of Federal Regulations, Part 59.1. Variance - means a modification of a specific permitted development standard required in an official control including this Ordinance to allow an alternative development standard not stated as acceptable in the official control, but only as applied to a particular property for the purpose of alleviating a hardship, practical difficulty or unique circumstance as defined and elaborated upon in a community's respective planning and zoning enabling legislation. DIVISION 3. ESTABLISHMENT OF FLOODPLAIN OVERLAY DISTRICTS Sec. 78-1112 Districts (a) Floodway District. The Floodway District shall include those areas designated as floodway on the Flood Insurance Rate Map adopted in Section 78-1105. (b) Flood Fringe District. The Flood Fringe District shall include those areas designated as floodway fringe. The Flood Fringe District shall include those areas shown on the Flood Insurance Rate Map as adopted in Section 78-1105 as being within Zone AE but being located outside of the floodway. (c) General Flood Plain District. The General Flood Plain District shall include those areas designated as Zone A or Zone AE without a floodway on the Flood Insurance Rate Map adopted in Section 78-1105. 3 Districhi Map: 1/10004 nvision -5- Sec. 78-1113 Compliance No new structure or land shall hereafter be used and no structure shall be constructed, located, extended, converted, or structurally altered without full compliance v/ith the terms of this Ordinance and other applicable regulations which apply to uses within the jurisdiction of this Ordinance. Within the Floodway, Flood Fringe and General Flood Plain Districts, all uses not listed as permitted uses or conditional uses in Divisions 4, 5 and 6 that follow, respectively, shall be prohibited. In addition, a caution is provided here that: New manufactured homes, replacement manufactured homes and certain travel trailers and travel vehicles are subject to the ge..eral provisions of this Ordinance and specifically Division 9. Modifications, additions, structural alterations, normal maintenance and repair, or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this Ordinance and specifically Section 78- 1136. As-built elevations for elevated or flood proofed structures must be certified by ground surveys and flood proofing techniques must be designed and certified by a registered professional engineer or architect as specified in the general provisions of this Ordinance and specifically as stated in Section 78-1133 of this Ordinance. Sec. 78-1114 Permitted Uses DIVISION 4. FLOODWAY DISTRICT (FW) (a) General famiing, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. (b) Private and public golf courses, driving ranges, archery ranges, picnic grounds, public boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, and single or multiple purpose recreational trails. (c) Residential lawns, gardens, parking areas, boat launching ramps, and play areas, provided no filling, grading or hardcover is involved. Seasonally installed residential boat docks for single-family dwellings. (e) Natural stone riprap shoreline protection. Sand beach blankets meeting the requirements of the DNR regulation 6MCAR15021B, Sec. 78-1115 Standards for Floodway Permitted Uses The use shall have a low flood damage potential. (b) The use shall be permissible in the underlying zoning district if one exists. 3 District-1 Mop: I/I/2004 revUion -6- (c) The use shall not obstruct flood flows or increase flood elevations and shall not involve structures, fill, obstructions, excavations or storage of materials or equipment. (d) The use shall be permitted within the floodway district to the extent that they are not prohibited by any other provision of this Code and provided all permits or authorizations arc received as may be required by other provisions of this Code or regulation of other governmental agencies having jurisdiction, including without limitation, the Minnesota Department of Natural Resources, the Minnehaha Creek Watershed District, and the Lake Minnetonka Conservation District. (c) No use shall adversely affect the capacity of the channels or floodways or any tributary to the main stream or of any drainage ditch, or any other drainage facility or system. Sec. 73-1116 Conditional Uses (a) Structures accessory to the uses listed in 78-1114 above and the uses listed in 78-1116(a) subsections 1 - 8 below. 1. 2. Extraction and storage of sand, gravel, and other materials. Marinas, boat rentals, docks, piers, wharves, and water control structures. 3. 4. 5. Railroads, streets, bridges, utility transmission lines, and pipelines. Storage yards for equipment, machiner>’, or materials. Placement of fill or construction of fences. 6..Structural works for flood control such as levees, dikes and lloodwalls constructed to any height where the intent is to protect individual structures and levees or dikes where the intent is to protect agricultural crops for a frequency flood event equal to or less than the 10-ycar frequency flood event. 7.All other fomis of shoreline protection, including wood, metal mortared stone or concrete seawalls. S. All permanent boat docks oi other similar structures. .Sec. 78-1117 Standards for Floodwav Conditional Uses (a) All Uses. No structure (temporary or permanent), fill (including fill lor roads and levees), deposit, obstruction, storage of materials or equipment, o. other uses may be allowed as a conditional use that will cause any increase in the stage of the 100-year or regional flood or cause an increase in flood damages in the reach or reaches affected. (b) All floodway conditional uses shall be subject to the procedures and standards contained in Section 78-1135 of this Ordinance. The conditional use shall be permissible in the underlying zoning district if one exists. J Dilirkhl Map: !/lQ004 rtvUion -7 --------- Fill: 1.Fill, dredge spoil, and all other similar materials, if approved to be deposited or stored, deposited or stored in the flood plain shall be no more than the minimal amount necessary to conduct a conditional use. The fill, dredge spoil, and all other similar materials deposited or stored in the flood plain shall be protected from erosion by vegetative cover, mulching, riprap or other acceptable method. Dredge spoil sites and sand and gravel operations shall not be allowed in the floodway unless a long-term site development plan is submitted which includes an erosion/sedimentation prevention element to the plan. Ks an alternative, and consistent with Subsection (d)(2) immediately above, dredge spoil disposal and sand and gravel operations may allow temporary, on-site storage of fill or other materials which would have caused an increase to the stage of the 100-year or regional flood but only after the Governing Body has received an appropriate plan whicn assures the removal of the materials from the floodw-ay based upon the flood warning time available. The conditional use permit must be title registered with the property in the Office of the County Recorder. 4. All filling and grading activities shall be performed with only clean fill. Accessory Structures 1. Accessory structures shall not be designed for human habitation. 2. Accessory structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters: a.Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow; and b. So far as practicable, structures shall be placed approximately on the same flcod flow lines as those of adjoining structures. 3.Accessory structures shall be elevated on fill or structurally dry flood proofed in accordance with the FP-1 or FP-2 flood proofing classifications in the State Building Code. As an alternative, an accessory structure may be flood proofed to the FP-3 or FP-4 flood proofing classification in the State Building Code provided the accessory structure constitutes a minimal investment, does not exceed 500 square feet in size at its largest projection, and for a detached garage, the detached garage must be used solely for parking of vehicles and limited storage. All flood proofed accessory structures must meet the following additional standards: a.The structure must be adequately anchored to prevent flotation, collapse or lateral movement of the structure and shall be designed to equalize hydrostatic flood forces on exterior walls; J Distnchl htapi I/I/2004 rivUi^n -8- b.Any mechanical and utility equipment in a stmcture must be elevated to or above the regulatory flood protection elevation or properly flood proofed; and c. To allow for the equalization of hydrostatic pressure, there must be a minimum of two "automatic" openings in the outside walls of the structure having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. There must be openings on at least two sides of the strucnire and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings. (f) Storage of Materials and Equipment. 1. The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. 2. Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the City Council. (g) Flood Control. Structural works for flood control that will change the course, current or cross section of protected wetlands or public waters shall be subject to the provisions of Minnesota Statute, Chapter 103G. Community-wide structural works for flood control intended to remove areas from the regulatory flood plain shall not be allowed in the floodway. (h) A levee, dike or floodwall constructed in the floodway shall not cause an increase to the 100- year or regional flood and the technical analysis must assume equal conveyance or storage loss on both sides of a stream. DfV'ISION 5. FLOOD FRINGE DISTRICT (FF) Sec. 78-1118 Permitted Uses (a) The uses listed in Section 78-1 1 14 of this Ordinance shall be permitted uses. (b) All other permitted uses shall be those uses of land or structures listed as permitted uses in the underlying zoning use district(s). If no pre-existing, underlying zoning use districts exist, then any residential or non residential structure or use of a structure or land shall be a permitted use in the Flood Fringe District provided such use docs not constitute a public nuisance. All permitted uses shall comply with the standards for Flood Fringe District “Permitted Uses” listed in Section 78-1119 and the "Standards for all Flood Fringe Uses" listed in Section 78-1122. Sec. 78-1119 Standards for Flood Fringe Permitted Uses (a) All structures, including accessory structures, must be elevated on fill so that the lowest floor including basement floor is at or above the regulatory flood protection elevation. The finished fill elevation for structures shall be no lower than one (1) foot below the regulatory flood protection elevation and the fill i Distria-t h!ap, UJ/2004 revision -9- L shall extend at such elcvatjon at least fifteen (15) feet beyond the outside limits of the structure erected thereon. (b) As an alternative to elevation on fill, accessory structures that constitute a minimal investment and that do not exceed 500 square feet at its largest projection may be in' mally flood proofed in accordance witi. Section 78-1117(e)(3). (c) The cumulative placement of fill where at any one time m excess of one-thousand (1,000) cubic yards of fill is located on the parcel shall be allowable only as a conditional use, unless said fill is specifically intended to elevate a structure in accordance with Section 78-1119(a) of this ordinance. (d) The storage of any materials or equipment shall be elevated on fill to the regulatory flood protection elevation. The provisions of Section 78-1122 of this Ordinance shall apply. See. 78-1120 Conditional Uses Any structure that is not elevated on fill or flood proofed in accordance with Section 7S-1119(a) - (b) and or any use of land that docs not comply with the standards in Section 78-1119(c) and (d) shai! only be allowable as a conditional use. An application for a conditional use shall be subject to the standards and criteria and evaluation procedures specified in Sections 78-1121 - 78-1122 and 78-1135 of this Ordinance. Sec. 78-1121 Standards for Flood Fringe Conditional Uses Alternative elevation methods other than the use of fill may be utilized to elevate a structure’s lowest floor above the regulatory flood protection elevation. These alternative methods may include the use of stilts, pilings, parallel walls, etc., or above-grade, enclosed areas such as crawl spaces or tuck under garages. The base or floor of an enclosed area shall be considered above-grade and not a structure’s basement or lowest floor if: 1) the enclosed area is above-grade on at least one side of the struc*'ire; 2) it is designed to internally flood and IS constructed with flood resistant materials; and 3) it is used solely for parking of vehicles, building access or storage. The above-noted alternative elevation methods are subject to the following additional standards: Design and Certification - The structure’s design and as-built condition must be certified by a registered professional engineer or architect as being in compliance with the general design standards of the State Building Code and. specifically, that all electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities must be at or above the regulatory flood protection ctevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding. b.Specific Standards for Above-grade, Enclosed Areas - Above-grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and the design plans must stipulate: 1.A minimum area of opetungs in the walls where internal flooding is to be used as a flood proofing technique. There shall be a minimum of two openings on at least two sides of the structure and the bottom of all openings J D^itichl hfapi 1/1/2004 reus I on -10- 2. shall be no higher than one-foot above grade. The automatic openings shall have a minimum net area of not less than one square mch for e\ ery square foot subject to flooding unless a registered professional engineer or architect certifies that a smaller net area would suffice. The automatic openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters without any form of human intervention; and That the enclosed area will be designed of flood resistant materials in accordance with the FP-3 or FP-4 classifications in the State Building Code and shall be used solely for building access, parking of vehicles or storage. Basements, as defined by Section 78-111 1(a)(2) of this Ordinance, shall be subject to the following: a. Residential basement construction shall not be allowed below the regulatory flood protection elevation. b. Non-residential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry flood proofed in accordance with Section 78-1121(3) of this Ordinance. All areas of non residential structuies including basements to be placed below the regulatory flood protection elevation shall be flood proofed in accordance with the structurally dry flood proofing classifications in the State Building Code. Structurally dry flood proofing must meet the FP-1 or FP-2 flood proofing classification in the State Building Code and this shall require making the structure watertight with the walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Structures flood proofed to the FP-3 or FP-4 classification shall not be pemiitted. When at any one time more than 1,000 cubic yards of fill or other similar material is located on a parcel for such activities as on-site storage, landscaping, sand and gravel operations, landfills, roads, dredge spoil disposal or construction of flood control works, an erosion/sedimentation control plan must be submitted unless the community is enforcing a state approved shoreland management ordinance. In the absence of a state approved shoreland ordinance, the plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the 100-year or regional flood event. The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the City Council. The plan may incorporate alternative procedures for removal of the material from the flood plain if adequate flood warning time exists. Storage of Materials and Equipment. a.The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. S District-i Map: I/I/2G04 rc\iston -11 - 15'. 1 b.Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the City Council. The provisions of Section 78-1122 of this Ordinance shall also apply. See. 78*1122 Standards for All Flood Fringe Uses: (a) All new principal structures must have vehicular access at or above an elevation not more than two (2) feet below the regulatory flood protection elevation. If a variance to this requirement is granted, the City Council must specify limitations on the period of use or occupancy of the structure for times of flooding and only after determining that adequate flood warning time and local flood emergency response procedu’ exist. (b) Commercial Uses - accessory land uses, such as yards, railroad tracks, and parking lots may be at elevations lower than the regulatory flood protection elevation. However, a permit for such facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would be inundated to a depth and velocity such that when multiplying the depth (in feet) times velocity (in feet per second) the product number exceeds four (4) upon occurrence of the regional flood. (c) Manufacturing and Industrial Uses - measures shall be taken to minimize interference with normal plant operations especially along streams having protracted flood durations. Certain accessory land uses such as yards and parking lots may be at lower elevations subject to requirements set out in Section 78- 1122(b) above. In considering permit applications, due consideration shall be given to needs of an industry whose business requires that it be located in flood plain areas. (d) Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover or other acceptable method. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation - FEMA’s requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. 'Ihese standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. (c) Flood plain developments shall not adversely affect the hydraulic capacity of the channel and adjoining flood plain of any tributary watercourse or drainage system where a floodway or other encroachment limit has not been specified on the Official Floodplain Overlay District Map. Standards for recreational vehicles are contained in Section 78-1131. All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchonng requirements for resisting wind forces. DIVISION 6. GENERAL FLOOD PLAIN DISTRICT J Dtilrichl Map: 1/1/2004 rtmlon -12- ■■.kii&i Sec. 78-1123 Permitted Uses The uses listed in Section V8-1114 of this Ordinance shall be permitted uses. (b) All other uses shall be subject to the fioodway/flood fringe evaluation criteria pursuant to Section 78*1124 below. Division 4 shall apply if the proposed use is in the Floodway District and Division 5 shall apply if the proposed use is in the Flood Fringe District. Sec. 78-1124 Procedures for Floodway and Flood Fringe Determinations within the General Flood Plain District. (a) Upon receipt of an application for a permit or other approval within the General Flood Plain District, the applicant shall be required to furnish such of the following information as is deemed necessary by the Planning Director for the determination of the regulatory flood protection elevation and whether the proposed use is within the Floodway or Flood Fringe District. 1 A typical valley cross-section(s) showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and high water information. Plan (surface view) showing elevations or contours of the ground, pertinent structure, fill, or storage elevations, the size, location, and spatial arrangemeat of all proposed and c.\isting structures on the site, and the location and elevations of streets. 3.Photographs showing existing land uses, vegetation upstream and downstream, and soil types. Profile showing the slope of the bottom of the channel or flow line of the stream for at least 500 feet in either direction from the proposed development. (b) The applicant shall be responsible to submit one copy of the above information to a designated engineer or other expert person or agency for technical assistance in determining whether the proposed use is in the Floodway or Flood Fringe District and to determine the regulatory flood protection elevation. Procedures consistent with Minnesota Regulations 1983, Parts 6120.5000 - 6120.6200 and 44 Code of Federal Regulations Part 65 shall be followed in this e.xpert evaluation. The designated engineer or expert IS strongly encouraged to discuss the proposed technical evaluation methodology with the respective Department of Natural Resources' Area Hydrologist prior to commencing the analysis. The designated engineer or expert shall: 1.Estimate the peak discharge of the regional flood. Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas. 3.Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than 0.5 foot. A lesser stage increase than 0.5’ shall be required if, as a result of the additional stage increase, increased flood damages 3 DiilfiCi-l Map. 1/1/2004 tttUiQn -13- u’ould result. An equal degree of encroachment on both sides of the stream within the reach shall be assumed in computing floodway boundaries. (c) The Planning Director shall present the technical evaluation and findings of the designated engineer or expert to the Governing Body. The Governing Body must formally accept the technical evaluation and the recommended Floodway and/or Flood Fringe District boundary or deny the permit application. The Governing Body, prior to official action, may submit the application and all supporting data and analyses to the Federal Emergency Management Agency, the Department of Natural Resources or the City Council for review and comment. Once the Floodway and Flood Fringe Distnct Boundaries have been determined, the Governing Body shall refer the matter back to the Planning Director who shall process the permit application consistent with the applicable provisions of Divisions 4 and 5 of this Ordinance. DIVISION 7. SLIBDIVISIONS See. 78-1125 Review Criteria No land shall be subdivided which is unsuitable for the reason of flooding, inadequate drainage, water supply or sewage treatment facilities. All lots within the flood plain districts shall be able to contain a building site outside of the Floodway District at or above the regulatory flood protection elevation. All subdivisions shall have water and sewage tr eatment facilities that comply with the provisions of this Ordinance and have road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation. For all subdivisions in the flood plain, the Floodway and Flood Fringe District boundaries, the regulatory flood protection elevation and the required elevation of all access roads shall be clearly labeled on all required subdivision drawings and platting documents. See. 78-1126 Floodway/Flood Fringe Determinations in the General Flood Plain District In the General Flood Plain District, applicants shall provide the information required in Section 7S- 1124 of this Ordinance to determine the 100-year flood elevation, the Floodway and Flood Fringe District boundaries and the regulatory flood protection elevation for the subdivision site. Sec. 78-1127 Removal of Special Flood Hazard Area Designation The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation. FEMA's requirements incorporate specific f.ll compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation w ill be requested. DIVISION 8. PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES 78-1128 Public Utilities All public utilities and facilities such as gas, elcctncal, sewer, and water supply systems to be located in the flood plain shall be flood proofed in accordance w'lth the State Building Code or elevated to above the regulatory flood protection elevation. 78-1129 Public Transportation Facilities Railroad tracks, roads, and bridges to be located within the flood plain shall comply with Divisions 4 and S of this Ordinance. Elevation to the regulatory flood protection elevation shall be provided where failure or interruption of these transportation facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads i Distnrt-l Map: 1/1/2004 revision - 14- 1 may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety. 78>1130 On-site Sewage Treatment and Water Supply Systems Where public utilities are not provided: 1) On-site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems; and 2) New or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and they shall not be subject to impairment or contamination during times of flooding. Any sewage treatment system designed in accordance with the State's current statewide standards for on-site sewage treatment systems shall be determined to be in compliance with this Section. DIVISION 9. PLACEMENT OF RECREATIONAL VEHICLES See. 78-1131 Recreational Vehicles Recreational vehicles that do not meet the exemption criteria specified in Section 78-1131(1) below shall be subject to the provisions of this Ordinance and aj specifically spelled out in Section 78-1131 (3) below. Exemption - Recreational vehicles arc exempt from the provisions of this Ordinance if they arc placed in any of the areas listed in Section (2) below and further they meet the following criteria: a. b. Have current licenses required for highway use. Are highway ready meaning on wheels or the internal jacking system, arc attached to the site only by quick disconnect type uti! -s commonly used in campgrounds and recreational vehicle parks and the recreational vehicle has no permanent structural type additions attached to it. c.The recreationil vehicle and associated use must be pcmiissible in any pre-existing, underlying zoning use district. (2) Areas Exempted For Placement of Rec- eational Vehicles: a.Individual lots or parcels of record. b.Existing commercial recreational vehicle parks or campgrounds. c. Existing condominium type associations. Recreational vehicles exempted in Section 78-113 !(l) above lose this exemption when development occurs on the parcel exceeding $500 for a strucuiral addition to the recreational vehicle or exceeding $500 fbi an accessory structure such as a garage or storage building. The recreational vehicle and all additions and accessory structures will then be treated as a new structure and shall be subject to the elevation^flood proofing requirements and the use of land restrictions specified in Divisions 4 and 5 of this Ordinance. There shall be no development or improvement on the parcel or attachment to the recreational vehicle that 3 Oisincl-I Map; 1/1/2004 rt .nsion -15- i hinders the removal of the recreational vehicle to a flood-free location should flooding occur. DIVISION 10. ADMINISTRATION See. 78-1 132 Planning Director A Planning Director or designee shall administer and enforce this Ordinance. If the Planning Director finds a violation of the provisions of this Ordinance the Planning Director shall notify the person responsible for such violation in accordance with the procedures stated in Section 78-1138 of the Ordinance. Sec. 78-1133 Permit Requirements (a) Permit Required. A Permit issued by the Planning Director in conformity with the provisions of this Ordinance shall be secured prior to the erection, addition, modification, rehabilitation (including normal maintenance and repair), or alteration of any build..ig, structure, or portion thereof; prior to the use or change of use of a building, structure, or land; 'nor to the construction of a dam, fence, or on­ site septic system; prior to the change or extension of a nonconforming use; pnor to the repair of a structure that has been damaged by flood, fire, tornado, or any other source; and prior to the placement of fill, e.xcavation of materials, or the storage of materials or equipment witnin the flood plain (b) Application for Permit. Application for a permit shall be made in duplicate to the Planning Director on fonns furnished by the Planning Director and shall include the following where applicable; plans in duplicate drawn to scale, showing the nature, location, dimensions, and elevations of the lot; existing or proposed structures, fill, or storage of materials; and the location of the foregoing in relation to the stream channel. (c) State and Federal Permits. Prior to granting a permit or processing an application for a conditional use permit or variance, the Planning Director shall determine that the applicant has obtained all necessary state and federal permits. (d) Certificate of Zoning Compliance for a New, Altered, or Nonconforming Use. It shall be unlawful to use, occupy, or permit the use or occupancy of any building or premises or part thereof hereafter created, erected, changed, co" erted. altered, or enlarged in its use or structure until a certificate of zoning compliance has been is*' .u by the Planning Director stating that the use of the building or land conforms to the requirements of this Ordinance (e) Construction and Use to be as Provided on .^pplicatlons, Plans, Permits, Variances and Ccrt.ficates of Zoning Compliance. Permits, conditional use permits, or certificates of zoning compliance issued on the basis »)f approved plans and applications authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this Ordinance, and punishable as provided by Section 78-1 138 of this Ordinance. (0 Certification. The applicant shall be required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building e'e /ations were accomplished in compliance with the provisions of this Ordinance. Flood proofing measures >i.ail be certified by a registered professional engineer or registered architect. J Liii, (c>‘l Ma^i tilflW rtvUtsn -16 ---------- 3.Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (d) Hearings. Upon filing with the City Council of an appeal from a decision of the Planning Director, or an application for a variance, the City Council shall fix a reasonable time for a hearing and give due notice to the parties in interest as specified by law. The City Council shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed vanances sufficiently in advance so that the Commissioner will receive at least ten days notice of the hearing. (e) Decisions. The City Council shall arrive at a decision on such appea’ or variance within 60 days. In passing upon an appeal, the City Council may, so long as such action is in conformity with the provisions of this Ordinance, reverse or affirm, wholly or in part, or modify the order, requirement, decision or determination of the Planning Director or other public official. It shall make its decision in writing setting forth the findings of fact and the reasons for its decisions. In granting a variance the City Council may prescribe appropriate conditions and safeguards such as those specified in Section 78-1135(6), which are in confomiity with the purposes of this Ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Ordinance puni.shable under Section 78-1138. A copy of all decisions granting variances shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. (0 Appeals. Appeals from any decision of the City Council may be made, and as specified in this community's official controls and also by Minnesota Statutes. (g) Flood Insurance Notice and Record Keeping. The Planning Director shall notify the applicant for a variance that: 1) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and 2) Such construction below the 100-year or regional flood level increases risks to life and property. Such notification shall be mainta..,ed with a record of all variance actions. A community shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the Administrator of the National Flood Insurance Program. See. 78-1135 Conditional Uses. The City Council shall hear and decide applications for conditional uses permissible under this Ordinance. Applications shall be submitted to the Planning Director who shall forward the application to City Council for consideration. Hearings. Upon filing with the City an application for a conditional use permit, the City shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed conditional use sufficiently in advance so that the Commissioner will receive at least ten days notice of the hearing. Decisions. The City Council shall arrive at a decision on a conditional use within 60 days. In granting a conditional use permit the City Council shall prescribe appropriate conditions and safeguards, m addition to those specified in Section 78-1135(6), w hich are m conformity with the purposes of this Ordinance. Violations of such conditions and safeguard;, when made a part of the terms under which the conditional use permit is granted, shall be deemed a violation of this Ordinance punishable under Section 78-1138. A copy of all decisions J Dimitt-I Ulf20(H rtvtiton -18- granting conditional use permits shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. Procedures to be followed by the City in Passing on Conditional Use Permit Applications Within ail Flood Plain Districts. a.Require the applicant to furnish such of the following information and additional information as deemed necessary by the City' for determining the suitability of the particular site for the proposed use: 1.Plans in triplicate drawn to scale showing the nature, location, dimensions, and elevation of the lot, existing or proposed structures, fill, storage of materials, flood proofing measures, and the relationship of the above to the location of the stream channel; and 2.Specifications for building construction and materials, flood proofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities. Transmit one copy of the infomiation described in subsection (a) above to a designated engineer or other expert person or agency for technical assistance, where necessary, in evaluating the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection, and other technical matters. c.Based upon the technical evaluation of the designated engineer or expert, the City Council shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard. Factors Upon Which the Decision of the City Council Shall Be Based. In passing upon conditional use applications, the City Council shall consider all relevant factors specified in other sections of this Oidinancc, and: a.The danger to life and property due to increased flood heights or velocities caused by encroachments. b.The danger that materials may be swept onto other lands or downstream to the injury of others or they may block bridges, culverts or other hydraulic structures. c.The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions. d.The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. The importance of the serv ices provided by the proposed facility to the community. f. The requirements of the facility for a waterfront location. 3 PiStrichJ Mop. I/U2QQ4 rtmidii -19- : • g- h. The availability of alternative locations not subject to flooding for the proposed use. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. 1.The relationship of the proposed use to the comprehensive plan and flood plain management program for the area. The safety of access to the property in times of flood for ordinary and emergency vehicles. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site. 1.Such other factors which are relevant to the purposes of this Ordinance. Time for Acting on Application. The City Council shall act on an application in the manner described above within 60 days from receiving the application, except that where additional information is required pursuant to Section 78-1135(3) of this Ordinance. The City Council shall render a written decision within 60 days from the receipt of such additional information. Conditions Attached to Conditional Use Permits. Upon consideration of the factors listed above and the purpose of this Ordinance, the City Council shall attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this Ordinance. Such conditions may include, but are not limited to, the following; a. b. Modification of waste treatment and water supply facilities. Limitations on period of use, occupancy, and operation. c. d. Imposition of operational controls, sureties, and deed restrictions. Requirements for construction of channel modifications, compensator)' storage, dikes, levees, and other protective measures. e.Flood proofing measures, in accordance with the State Building Code and this Ordinance. The a,.plicant shall submit a plan or document certified by a registered professional engineer or architect that the flood proofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. DIVISION 11. NONCONFORMING USES Sec. 78-1136 Nonconforming Uses A structure or the use of a structure or premises which was lawful before the passage or amendment of this Ordinance but which is not in conformity with the provisions of this Ordinance may be continued subject to the following conditions. Historic structures, as defined in Section 78-111 l(a)(22)(b) of this Ordinance, shall be subject to the provisions of Sections 78-1136(1) - (5) of this Ordinance. 3 DUu ict-l Map: 1/J/2M rtvision -20- No such use shall be expanded, changed, enlarged, or altered in a way that increases its nonconformity. Any structural alteration or addition to a nonconforming structure or nonconforming use which would result in increasing the flood damage potential of that structure or use shall be protected to the Regulatory Flood Protection Elevation in accordance with any of the elevation on fill or flood proofing techniques (i.e., FP-1 thru FP-4 floodproofing classifications) allowable in the State Building Code, except as further restricted in (3) and (6) below. The cost of any structural alterations or additions to any nonconforming structure over the life of the structure shall not exceed 50 percent of the market value of the structure unless the conditions of this Section arc satisfied. The cost of all structural alterations and additions constructed since the adoption of the Community's initial flood plain controls must be calculated into today's current cost which will include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the current cost of all previous and proposed alterations and additions exceeds 50 percent of the current tnarket value of the structure, then the structure must meet the standards of Division 4 or 5 of this Ordinance for new structures depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. If any nonconforming use is discontinued for 12 consecutive montlis, any future use of the building premises shall conform to this Ordinance. The Assessor shall notify the Planning Director in writing of instances of nonconforming uses that have been discontinued for a period of 12 months. If any nonconforming use or structure is substantially damaged, as defined in Section 78- 1 11 l(u)(2I) of this Ordinance, it shall not be reconstructed except in conformity w ith the provisions of this Ordinance. The applicable provisions for establishing new uses or new structures in Divisions 4, 5 or 6 will apply depending upon whether the use or structure is in the Floodway, Flood Fringe or General Flood Plain District, respectively. If a substantial improvement occurs, as defined in Section 78-111 l(a)(22) of this Ordinance, from any combination of a building addition to the outside dimensions of the existing building or a rehabilitation, reconstruction, alteration, or other improvement to the inside dimensions of an existing nonconforming building, then the building addition (as required by Section 78-1136(2) above) and the existing nonconforming building must meet the requirements of Divisions 4 or 5 of this Ordinance for new structures, depending upon whether the structure is in the Floodway or Flood Fringe Distnct, respectively. DIVISION 12. PENALTIES FOR VIOLATION Sec. 78-1137 Violations Violation of the provisions of this Ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) shall con.stitute a misdemeanor and shall be punishable as defined by law. Sec. 78-1138 Authoritv/Enforcement .Actions 3 DisiricI-/ Map. 1/1/2004 retuiilii 21- A -jm Nothing herein contained shall prevent the City of Orono from taking such other lawful action as is necessary to prevent or remedy any violation. Such actions may include but are not limited to: In responding to a suspected Ordinance violation, the Planning Director.and Local Govcmmeiit may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, injunctions, aftcr-the-fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The Community must act in good faith to enforce these official controls and to concct Ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program. When an Ordinance violation is either discovered by or brought to the attention of the Planning Director, the Planning Director shall immediately investigate the situation and document the nature and extent of the violation of the official control. As soon as is reasonably possible, this information will be submitted to the appropriate Department of Natural Resources' and Federal Emergency Management Agency Regional Office along with the Community's plan of action to correct the violation to the degree possible. The Plaiming Director shall notify the suspected party of the requirements of this Ordinance and all other official controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or development, the Planning Director may order the construction or development immediately halted until a proper permit or approval is granted by the Community. If the construction or development is already completed, then the Planning Director may either: (!) issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls, or (2) notify the responsible party to apply for an after-the-fact pennit/development approval within a specified period of time not to exceed 30-days. If the responsible party does not appropnately respond to the Planning Director within the specified penod of time, each additional day that lapses shall constitute an additional violation of this Ordinance and shall be prosecuted accordingly. The Planning Director shall also upon the lapse of the specified response period notify the landou-ner to restore the land to the condition which existed pnor to the viol.ition of this Ordinance. DIVISON13. AMENDMENTS See. 78-1139 Floodplain Designation The flood plain designation on the Official Floodplain Overlay District Map shall not be removed from flood plain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the flood plain. Special exceptions to this rule may be permitted by the Commissioner of Natural Resources if he determines that, through other measures, lands are adequately protected for the intended use. Sec. 78-1140 Amendments All amendments to this Ordinance, including amendments to the Official Floodplain Overlay District Map, must be submitted to and approved by the Commissioner of Natural Resources pnor to adoption. Changes in the Official Floodplain Overlay Distnct Map must meet the Federal Emergency Management Agency's (FEMA) Technical Conditions and Criteria and must receive prior FEMA approval before S DUirici-J Map: 1/1/2004 rtvision -22- { adoption. The Commissioner of Natural Resources must be given 10*days written notice of all hearings to consider an amendment to this Ordinance and said notice shall include a draft of the Ordinance amendment or technical study under consideration. EFFECTIVE DATE: This Ordinance shall be in full force and effect from and after its passage and approval and publication, as required by law and/or charter. Adopted by the Orono City Council This (Day) (Month) (Year) Attest: (Barbara A. Peterson) Attest; (Linda S. Vee) Stamp With Community Seal: 3 Pisthch/ Map; 1/1/2004 revision -23- , Mayor , City Clerk ■ V h i - i I 4 •’ i evc.c. ARTICLE XI. WETLANDS PROTECTION DIVISION 1. GENERALLY Sec. 78<1601 Purpose and Intent. (a) The purpose of this section is to recognize, preserve and protect the environmental, aesthetic and hydrologic functions of the City's wetlands by regulating the use of wetlands and their adjacent properties in conjunction with the goals of the Environmental Protection Plan within the Community Management Plan. These functions include, but are not limited to, sediment control, pollution control, filtration, fish and wildlife habitat and aquifer recharge. The Surface Water Management Plan will provide guidance for stormwater treatment requirements and wetland restoration opportunities in order to protect the integrity of wetlands. (b) The intent of this section is to protect wetlands to the maximum extent possible while allowing a reasonable use of the property. This section adopts the regulations and standards of the Wetland Conservation Act of 1991 (WCA), Laws of Minnesota 1991, chapter 354, as amended, and the rules adopted pursuant to the WCA. It also establishes a wetland overlay district. This overlay district further regulates the underlying land use as allowed by other districts or the WCA. (c) This ordinance applies to, and wetland buffer areas must be created or existing buffer areas must be maintained around, all protected wetlands in the following situations: (1) When w etlands are required to be replaced or restored; (2) When new development occurs. For purposes of this subsection, new development means: a.Any subdivision that creates a new lot that has no principal use on it; b. construction of a principal use on an existing vacant parcel of land; When redevelopment occurs. For purposes of this subsection redevelopment means the removal of the principal use of more than 50 percent of its market value and volume and reconstruction on the same property. This requirement does not apply if construction is the result of less than 75 percent of the building being damaged by an involuntary force, such as fire, wind, or vandalism; 1 L When a variance, conditional use permit, or site plan review has the potential to have indirect adverse impacts to the wetland a buffer may be required; or On any wetland when grading or construction is proposed exceeding 50 cubic yards or 5,000 square feet that requires a City permit and the proposed activity could potentially impact the quality of the wetland by increasing hard surface run ofT, altering existing drainage, or impacting an existing buffer. DIVISION 2. DESIGNATION OF PROTECTED WETLANDS Sec. 78-1602 Wetland Types The wetlands protected and regulated by this Section are types 1,2, 3,4, 5, 6,7, and 8 wetlands, as defined in circular 39, “Wetlands of the United States”, 1971 edition. United States Department of the Interior, unless the wetland is within a shoreland district in which case the more restrictive rules regarding setbacks would apply. Protected wetlands are further defined as follows: Type I Seasonally Flooded Basins or Floodplains'. Type 1 wetlands are seasonally flooded basins or flats in which soil is covered with water or is waterlogged during variable seasonal periods but usually is well-drained during much of the growing season. Type 1 wetlands are located in depressions and in overflow bottom lands along water courses. Vegetation varies greatly according to the season and duration of tlie flooding, and includes bottom land hardwoods, as well as herbaceous plants. Type 2 Inland Fresh Meadow. Occurs along the shallow edges of lakes, marshes and floodplains, or in perched depressions. The soil is usually without standing water during much of the growing season, but is waterlogged within at least a few inches of the surface. Vegetation includes grasses, sedges, rushes and various herbaceous plants. Type 3 Inland Shallow Fresh Marsh'. Soil is usually water logged during the growing season, often covered with as much as six inches or more of water. Vegetation includes grasses, bu*'ushes, cattails, arrowheads, smartweeds and other emergent aquatic vegetation. Type 4 Inland Deep Fresh Marsh'. Soil covered with six inches to three feet or more of water during growing season. Vegetation includes cattails, reeds, bulrushes and wild rice. Open water areas may contain pondweeds, naiads, coontail, water milfoils and other submergent aquatic vegetation. T^'pe 5 Inland Open Fresh IVater: Water is usually less than 10 feet deep and is fringed by a border of emergent vegetation. Vegetation includes pondweeds, naiads, coontail, water milfoils and other submergent aquatic vegetation. Type 6 Shrub Swoinp: Occurs along sluggish streams or on floodplains. The soil is usually waterlogged during the growing season, and is often covered with as much as six inches of water. Vegetation includes alder, willow and dogwood. Type 7 Wooded Sw amp: Occurs along sluggish streams, on floodplains, on flat perched depressions and in shallow lake basins. The soil is waterlogged to within a few inches of its surface during the growing season and is often covered with as much as one foot of water. Vegetation typical to this wetland includes tamarack, white cedar, black spruce, balsam fir, red maple and black ash. Type 8 Bog: Occurs along sluggish streams, on flat perched depressions and shallow lake basins. The soil is waterlogged and supports a spongy covering of mosses. Vegetation typical to this wetland t>pe includes sphagnum moss, heath shrubs and sedges. Minnesota bogs contain leatherleaf, Labrador tea, cranberries and pitcher plants. Scattered stunted black spruce and tamarack also are common features of bogs. See. 78-1603 Boundaries of the Wetland Overlay Districts and Designation of Official City Wetland Map. This Section establishes wetland overlay districts. These districts are subject to additional requirements beyond those required by the WCA. The boundaries of the wetland overlay districts are identified graphically on the official City Wetland Map (CWM) which is hereby adopted by reference, a copy of which shall be kept on file in the office of the City Clerk and shall be available for public review during all normal office hours. Wetlands in addition to those shown on the City Wetland Map may exist, and may be identified by wetland delineations under WCA rules. If a specific wetland delineation has been done under WCA rules, then the boundaries of the wetland overlay district for that location will be as shown in the delineation. The City may require wetland delineations to determine compliance with WCA rules and to dctenninc administrative wetland boundaries; however, property owners may have wetland delineations done for their properties on their own initiative. The delineation must be done by a qualified professional according to WCA rules and be acceptable to the Planning Director. Approved WCA wetland delineations must be provided to the city in a hard copy fonnat and a CAD or GIS format in Hennepin County coordinates. The Platuiing Director w ill have the approved WCA wetland delineations shown on the official City Wetland Map. T>pe 1 wetlands are not included in the overlay district, but are regulated by WCA rules. Public waters are not included in the overlay district, unless a Type 2 - 8 wetland is part of a public water. Sec. 78-1604 Interpretation of Wetlands Boundaries. Whenever a wetland boundary is disputed or uncertain, the Planning Director may require the submission of a registered survey of the property and field staking showing the city-designated wetland contour or a delineation of the wetland, and such other information as the director may require in order to resolve the dispute or uncertainty. No boundary change may be authorized on the basis of fill that was placed on the site after the City designated the area as part of the wetland overlay district. Persons aggrieved by a decision of the Plamiing Director may appeal such decision in accordance with the provisions of Section 78-99 of this ordinance and the WCA rules. DIVISION 3. BUFFER AREAS Sec. 78-1605 Wetland Buffer Areas. (a) This subsection establishes requirements for wetland buffer areas around protected wetlands. Buffer areas are necessary and beneficial to maintain the health of wetlands. Buffer areas protect the edge of wetlands from erosion while filtering sediment, chemicals and other nutrients from runoff that drains into wetlands. Buffer areas can improve the biological diversity and health of a wetland environment while reducing the adverse impacts of human activities. (b) Buffer areas regulated by this section arc areas of vegetative cover that are upland of the wetland edge, and that occur in a natural condition or through restoration. Buffer areas consist of shrubbery and trees, native grasses and/or forbs that are not mowed, fertilized or manicured in any manner. Mowing, fertilizing, manicuring, or vegetation removal within a buffer area is not allowed unless the City has issued a pemiit for such activity in conjunction with an approved buffer management plan. (1) Acceptable buffer areas shall have the following qualities: a.A continuous dense layer of pcretuiial grasses that have been uncultivated or unbroken for at least ten (10) consecutive years, or An over story of trees and/or shrubs with at least eighty (80%) percent canopy closure that have been uncultivated or unbroken for at least ten (10) consecutive years, or c.A mixture of the plant communities described in a. and b. above, wluch have been uncultivated or mibroken for at least ten (10) consecutive years. (2) Unacceptable buffer areas have the following qualities, including but not limited to: u a.Undesirable plant species (including but not limited to reed canary grass, common buckthorn, purple loosestrife, leafy spurge and noxious weeds), or b. Lacking a layer of organic thatch or duff, or c.Topography which tends to channelize the flow of surface runoff, or d. Is characteristically unlikely to retain nutrients and sediment. Buffer areas which have been broken or cultivated within the past ten (10) consecutive years must be restored to a condition consistent with an acceptable buffer area defined in Section 78-1605(b)(l), a restoration or landscape plan must be submitted to the Plamting Director, which restoration shall include, replanting and maintaining according to each of the following guidelines: a.Buffer areas shall be planted with a seed mix containing one hundred (100%) percent perennial native plant species, except for a one-time planting of an amiual nurse or cover crop such as oats or rye. b.The seed mix to be used shall consist of at least twelve (12) pounds pure live seed (PLS) per acre of native prairie grass seed and five (5) pounds PLS per acre of native forbs. Native prairie grass and native forb mixes shall contain no fewer than four (4) and five (5) species respectively. c.The annual nurse or cover crop shall be applied at a rate of twenty (20) pounds per acre. Native shrubs and or trees may be substituted or used in addition to forbs and grasses. Such shrubs may be bare root seedling and shall be planted at a rate of sixty (60) plants per acre. Shrubs shall be distributed so as to provide a natural appearance and shall not be planted in rows. Native prairie grasses and forbs shall be planted by a qualified contractor. f.No fertilizer shall be used in establishing new bufier zones, except on highly dismrbed sites-when deemed necessary to establish acceptable buffer vegetation and then limited to amounts indicated by an accredited soil testing laboratory. g. All seeded areas shall be mulched immediately with clean straw at a rate of one and one half (1 Vi) tons per acre. Mulch shall be anchored with a disk or tackifier. h. Buffer areas (both natural and created), shall ’,e protected by silt fence during construction and the fence shall remain in place until the area crop is established, and at that time the fence shall be removed. (c) Buffer area widths will be based on the size of the wetland basin. The following arc the required buffer area widths: Si:e of Wetland 0 - 1 acre 1 - 2.5 acres 2.5 - 5 acres >5 acres Width of Buffer Area From the Wetland Botiitdaiy 16.5 feet 20 feet 25 feet 35 feet (d) In cases of new development or redevelopment the City shall require that vegetation in the wetland buffer be installed prior to the issuance of the certificate of occupancy. The City may waive this requirement in lieu of a cash escrow or letter of credit equal to 150 percent of the cost to install the required buffer. (c) The City may allow the disturbance of an cxi.sting buffer area during the course of construction activity. This disturbance must be kept to a minimum, soils must be decompacted to a level that wiP accommodate root growth, and the buffer area must be re-established as required by the City. The City will detemiine the amount of allowable disturbance. The City may require a cash e.scrow or letter of credit equal to 150 percent of the cost to rc-establi.sh the buffer to its original condition. (f) The City may require buffer area planting and maintenance when the City determines that there is inadequate v egetation in the buffer aiea to meet the intent of this section. The City may require a cash escrow or letter of credit equal to 150 percent of the estimated cost of the vegetation and installation. The escrow or letter of credit must be valid for up to two years and may be used by the City to replace any vegetation that dies. (g) The affected property owner or homeowner association that is responsible for llie maintenance must: (1) Maintain and repair damage to buffer areas from such activities as mowing, cutting, grading or other prohibited activities, unless mow ing is approved by the City as a buffer management plan. Permission must be obtained from the City before implementing buffer management plans, which may include mowing, burning, and the use of herbicides. (2) Maintain only the permitted vegetation in the buffer area and must remos'e all noxious weeds and invasive, non-native species such as European buckthorn, upon obtaining a vegetation removal permit from the City in conjunction with an approved buffer management plan. (3) Ensure that all soil surfaces in the buffer area are planted with the pemiitted vegetation and that there is no open soil surface that may result in erosion. (4) Ensure that livestock or other domesticated animals which have the potential to pemiancntly disturb the buffer area by compaction or vegetation removal be kept from entering the buffer area and wetland by a fence or other suitable means. (h) The final upslope edge of the buffer shall be provided to the City in a hard copy and in a CAD or GIS format in Hennepin County eoordinates. DIVISION 4. USES See. 78-1606 Permilted Uses. (a) Within the wetland overlay districts no land may be used except for one or more of the following uses: (1) Native wetland vegetation, provided that no change is made to the ground elevation; (2) Wildlife and nature preserves; (3) Overhead utility lines and poles that arc less than two feet in diameter; (4) Docks which provide reasonable access to the lakcshore and do not exceed 4 ’ in width; (5) Public and private flood control structures, ponding and drainage facilities and associated accessory appurtenances as approved by the City; or (6) Environmental monitoring or control facilities, including those related to water quality and wildlife regulation. (b) Within wetland buffer areas no land may be used except for one or more of the following uses; ' iTT^.nr iTi (1) Native vegetation, provided that no change is made to the ground elevation; (2) (3) Wildlife and nature preserves; Boardwalks, docks or other reasonable access to the wetland not exceeding 4 ’ in width, poles that are less than two feet in diameter to be used for boardwalks and bridges; (4) Public and private flood control structures, ponding and drainage facilities and associated accessory appurtenances as approved by the City; Environmental monitoring or control facilities, including those related to water quality and wildlife regulation; Overhead utility poles and lines that are less then two feet in diameter, under-ground utility lines and distribution equipment, light poles, traffic signals, traffic regulatory signs, mailboxes and other equipment that provides an essential public service; (7) Retaining walls if the City detennines that the retaining wall will protect the wetland from conditions of erosion. Sec. 78-1607 CondilioDal Uses. (a) Within the wetland overlay districts and the wetland buffer areas no land may be used for the following except by conditional use permit and except in confonnance with the standards specified in Section 78-1608 of this section: (1) Private and public recreational uses, including golf courses, imper\’ious trails, picnic grounds and boat ramps; (2) Public utilities, including necessary structures; (3) Other non-structural facilities similar to those permitted by this section which also meet the intent of this section, as determined by the City; or Public structures associated with recreational uses pennitted by this Section or by Section 78-1606 of this section that are designed in an environmentally sensitive manner and will withstand periodic flooding, except for structures designed or used for habitation or the storage of equipment. Unpaved hiking, skiing and horseback riding trails which comply with WCA standards. S L* (b) No conditional use permit will be granted unless its approval will not adversely impact wetlands, the wetland buffer area, and surrounding properties, the intent uflliis ordinance or the goals and policies of the Community Management Plan. If applicable, granting of a conditional use permit will be conditioned upon approval of the request by all other appropriate regulatory governmental agencies, including the MCWD (MCWD) or the Minnesota Department of Natural Resources. DIVISION 5. STANDARDS FOR WETLANDS DISTRICTS, BUFFER AREAS AND NEIGHBORING LANDS See. 78-1608 Standards. The following standards apply to all land within the wetland overlay districts, wetland buffer areas, and to neighboring lands: Protection of wetlands and wetland buffer areas. a.Except as modified or regulated by the standards of this subsection, all requirements of the underlying zoning district apply. b.No structures arc allowed in the wetland overlay districts, or wetland buffer area except those allow ed as of right or by conditional use permq by Sections 78-1606 or 78-1607 of this Ordinance. c.Activities including, but not limited to, building (other than a boardwalk or dock), paving, mowing, vegetation removal, filling, dumping, yard waste disposal or fertilizer application are prohibited, except that certain such activities may be pemiittcd w hen approved by the City as a buffer management plan. Removal of invasive non- native vegetation, such as European buckthorn and noxious weeds, may be removed by obtaining a vegetation removal permit from the City. Before grading or construction near a wetland overlay district or buffer area, the ow ner or contractor must place erosion control fencing on the upland side of the perimeter of the w etland overlay district or w etland buffer area, which ever is more restrictive, or as required by the City. This fencing must remain in place until all development activities that may affect the wetland and the wetland buffer area have been finished and adequate vegetative cover has been established at which time the fencing must be removed. e.All structures must have a minimum basement floor elevation not less than one foot above the 100-year flood elevation. f.All hard-surface runoff must be treated in accordance with the requirements of the City and the appropriate watershed district. Treatment may include site retention, skimmers, weirs or sedimentation ponds of appropriate scale. Structures and ponds serving this purpose must be properly maintained and serviced by the property owner. g-Discharge into the wetlands must occur at a rate no greater than allowed by the City Engineer in accordance with the City’s Surface Water Management Plan and the appropriate MCWD requirements, Setbacks. a.All buildings (principal and accessory), must be set back at least 20 feet from the upslope edge of the wetland buffer. Exceptions: play structures (including sport court type stmetures) grade-level decks, patio slabs, driveways and parking lots. A setback from the buffer area is not required for overhead utility poles and lines that are less than two feet in diameter, underground utility lines and distribution equipment, light poles, traffic signals, traffic regulatory signs, mailboxes, entrance monuments meeting Section 78-1405(8) and other equipment that provides an essential public service. A setback is not required for fences or retaining walls. However, they may not be located within the buffer area unless the retaining wall is approved as part of a wetland permit application to protect the wetland from fill. d.An existing structure, driveway or parking area meeting the required setback from a City-designated wetland boundary or buffer area is considered a legal nonconforming development if a later wetland delineation or implementation of a wetland buffer shows that the wetland or its buffer is closer than the required setback. Sec. 78-1609 Removal of Lands from the Wetlands Overlay District (a) Removal of wetlands from a wetland overlay district (i.e. by filling, etc) requires a zoning amendment and an amendment of the official City Wetland Map. The amendments must be made pursuant to the provisions of Section 78-43 of this ordinance and WCA replacement rules. These amendments must be consistent with the purpose of this ordinance, the City's Surface Water Management Plan and the goals and policies of the Community Management Plan. In determining the appropriateness of a rezoning request, the City Council will consider the size of the wetland overlay district, the magnitude of the area proposed for removal, hydrological and ecological effects and the type and function of wetlands involved in order to provide the maximum feasible protection. (b) Wetlands within an overlay district may only be removed according to WCA rules and if at least an equal area of new wetland is created to compensate for the wetland being filled. However, the deminimus exemption specified by the WCA rules for wetland replacement may be used for the removal of Type 1 wetlands that are not included within the City's overlay district. Unless otherwise approved by the City Council, compensatory wetland area must be provided within the same subwatershed district as the wetland being altered. (c) In addition to application requirements, the City may require submission and approval of the following infomiation: (1) (2) (3) An approved wetland replacement plan application from the MCWD; A concept plan showing the ultimate use of the property; A grading plan, in hard copy fomiat and a CAD or GIS fonnat in Hemiepin County coordinates, with appropriate drainage calculations and erosion controls prepared by a registered engineer; A landscaping or revegetation plan; Such other information as may be necessary or convenient to evaluate the proposed pemiit; and (6) A MnRAM assessment completed by the MCWD. Sec. 78-1610 Alteration of the Wetlands. (a) No alteration of land within a wetland overlay district or a wetland buffer is allowed without a wetlands alteration permit, subject to recommendation by the Planning Commission and approval of the City Council. The Planning Commission must hold a public hearing after notifying the property owners within 350 feet of the property on which the proposed alteration will occur. Activities that constitute an alteration regulated by this section include changes to the size, depth or contour of the wetlands or its buffer, dredging, or alterations of wetlands or buffer vegetation. Alterations do not include wetland planting or the selective clearing or pruning of trees or vegetation that are dead, diseased, noxious weeds or similar hazards. A wetland alteration permit is not required when a wetland district is rezoned to another zoning classification. 11 ff t ‘ i 1 r (b) Alteration of land within a wetland overlay district will only be allowed if water storage is provided in an amount compensatory to that remov*d. Unless otherw ise approved by the City Council, compensatory wetland area must be provided within the same subwatershed district as the wetland being altered. In determining the appropriateness of an alteration request, the City Council will consider the size of the total wetland district, the magnitude of the area proposed for alteration, the aesthetic, hydrological and ecological effect, the type and function of wetlands involved, and such other factors as may be appropriate in order to provide the maximum feasible protection to the wetlands. Application for a wetlands alteration permit must be accompanied by such infomiation as required by the City, including: (1) An approved wetland replacement plan application from the MCWD; (2) A concept plan showing the ultimate use of the property; (3) A grading plan, in hard copy format and a CAD or GIS fonnat in Hennepin County coordinates, with appropriate drainage calculations and erosion controls prepared by a registered engineer; (4) A landscaping or revegetation plan; (5) Such other information as may be necessary or convenient to evaluate the proposed permit; and (6) A MnRAM assessment completed by the MCWD. See. 78-1611 Public Control of Wetlands. (a) The City Council may require that the owner of any property affected by this ordinance must establish wetland and buffer area easements or restrictive covenants to be recorded within the property's chain of title. These easements or covenants must describe the boundaries of the wetland and buffer area and prohibit any building, paving, mowing (unless approved as a buffer management plan), cutting, filling, dumping, yard waste disposal or fertilizer application within the wetland and the buffer area. The owner or developer must record these easements or covenants with the final plat, w ith deeds from a lot division or, if no subdivision is involved, before the City issues a grading permit or building permit for an affected property. The applicant must submit evidence that the easement or covenant has been submitted to the county for recording. (b) If the City Council does not require an easement or covenant, the City may record a notice of the wetland and buffer area requirements against the property. The property owner must still comply with the requirements of this section. Sec. 78-1612 Wetland Buffer Markers. When new development or redevelopment results in multifamily residential or a business use, the developer must place markers at the upland boundary of the wetland 12 buffer edge at least every two hundred feet. The developer must submit a location plan in hard copy format and a CAD or GIS format in Hennepin County coordinates and must use uniform markers provided by the City. The City will charge a reasonable cost for the markers and approve the location of the markers prior to installation. Sec. 78-1613 Violations Violation of the provisions of this Ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law. Sec. 78-1614 Authority/Enforcement Actions Nothing herein contained shall prevent the City of Orono from taking such other lawful action as is necessary to prevent or remedy any violation. Such actions may include but arc not limited to: (1) In responding to a suspected Ordinance violation, the Planning Director and the City of Orono may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, injunctions, after-the-fact pennits, and/or orders for corrective measures to the guilty party. (2) When an Ordinance violation is eitlicr discovered by or brought to the attention of the Planning Director, the Planning Director shall immediately investigate the situation and document the nature and extent of the violation of the official control. As soon as is reasonably possible, this infomiation will be submitted to the MCWD along with the Community’s plan of action to correct the violation to the degree possible. (3) The Planning Director shall notify the suspected party of the requirements of this Ordinance and all other official controls and the nature and extent of the suspected violation of these controls. If the structure and'or use is under construction or development, the Planning Director may order the construction or development immediately halted until a proper permit or approval is granted by the Community. If the construction or development is already completed, then the Planning Director may cither; (1) issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls; or (2) notify the responsible party to apply for an after- the-fact permit/development approval within a specified period of time no: to exceed 30-days. (4) If the responsible party does not appropriately respond to the Planning Director within the specified period of time, each additional day that lapses shall constitute an additional violation of this Ordinance and shall be prosecuted accordingly. The Planning Director shall also upon the lapse of the specified response period notify the landowner to restore the land to the condition which existed prior to the violation of this Ordinance. EFFECTIVE DATE: This Ordinance shall be in full force and effect from and after its passage and approval and publication, as required by law and/or charter. Adopted by the Orono City Council This (Day) Attest: (Month) (Year) ____________, Mayor (Barbara A. Peterson) Attest:City Clerk (Linda S. Vee) Stamp With Community Seal: ^.D * Memorandum Date:July 28.2004 To:Mayor Peterson City Council Members City Administrator Planning Commissioners From:Melanie Curtis, City Planner R£:FEMA Mandated update of the Floodplain and Wetlands Management Ordinance Due to recent reinterpretation of their regulations, the Federal Emergency Management Agency (FEMA) has mandated changes in local floodplain ordinances. FEMA requires that these changes are in effect in our community by September 2,2004. If we are unable to adopt the newly drafted ordinance, a moratorium will be required in order to avoid flood insurance policy eligibility problems for our residents who are affected by this ordinance. Staff has been working with persomiel at the DNR to streamline this revision process. On July 15, 2004, the DNR approved the draft ordinance. Attached you will find a one-page summary of the mandated changes in the floodplain ordinance. The complete draft ordinance is also attached for your review. Our current Floodplain and Wetlands Management Ordinance is essentially two ordinances in one. At the time they were combined this may have been a convenient option, however new standards and regulations dictate that it is more appropriate to designate separate ordinances for each of these overlay districts. The wetland portion of the Floodplain and Wetlands Management Ordinance is outdated and staff has been working in conjunction with our engineering consultant to develop a wetland ordinance which addresses the goals and strategies identified within both the Community Management Plan and Surface Water Management Plan and maintain conformance with the Wetland Conservation Act of 1991 (WCA) and the Minnehaha Creek Watershed District’s standards (MCWD). The one-page summary of the newly drafted wetlands ordinance is attached, and the complete draft ordinance is also attached. Timeline Goal August 4“’ - PC Work Session - presentation & discussion August 9'** - Council Meeting - presentation as information piece <fe discussion August lb"* - Planning Commission - Public Hearing August 23'** - Council Meeting-/ina/ approval ^x. vu Memorandum Date: To: August 5,2004 Mayor Peterson City Council Members City Administrator From: RE: > ‘f-Melanie Curtis, City Planner V. /1 Floodplain and Wetlands Managemert Ordinance Revision At the August 4"’ work session, the Plaiuiing Commission and staff discussed the draft Floodplain Management and draft Wetland Management ordinances. Tom Lutgen with the MN DNR and John Smyth from Bonestroo attended the meeting to answer questions and helped to facilitate the discussion. The changes discussed at the work session are included in the revised draft ordinances which are attached herein. Please be advised that the public hearing for these ordinances will be held during the Planning Commission meeting on August 16**', and will be before the Council for final approval on August 23'**. Please look over the enclosed infomiation and contact staff if you have any questions or concerns that we may be able to address prior to the public hearing and prior to your August 23'** meeting. F ] ^ I U.S. Dcpurtnu'iir uf Hunicland Security 5no C Street. SW Wa>hmyton. DC :(M72 Assl.Planning & Zoning (or Floodplain Administrator) Orono, City of Po Box 66 Crystal Bay, MN 55323 Dear Asst.Planning & /Zoning (or Floodplain Administrator); The Federal Emergency Management Agency (FEMA) would like to thank you for your community’s participation in the National Flood Insurance Program (NFII*) and for your commitment to reduce future flood losses. Please visit FEM A's website at www.fcma cov and the Department of Homeland Security's website at www.dhs.eov to learn more about mitigation and preparedness opportunities designed to protect local communities from natural and manmade hazards. Every two years, all comiminities that participate in the NFIP are required to complete and submit the NFIP Biennial Report. The NFIP Biennial Report provides a status of each participating community’s floodplain management program. Section 1 of the report asks for infonnation about changes in your community’s flood hazard areas. FEMA will use this infonnation to help create an inventory of mapping needs to identify communities that need to be re-mapped or have additional flood hazards identified. Section II of the report asks for information about your community's floodplain management progiam including the number of building permits issued in your community’s flood hazard areas, and population and building figures both in the flood hazard areas and throughout your entire community. Each community is also asked if training or floodplain management technical assistance is needed. This information provides data FEMA can use to develop program priorities and evaluate national progress in floodplain management. The informational enclosure provides a further explanation on how the Biennial Report data will be used and the choices you have in how you submit the Biennial Report data. If you have any questions regarding the Biennial Report or the NFIP, please contact FEM A’s Biennial Report Coordinator at our toll free number: 877-FEMA.MAP (336-2627). Thank you in advance for your time and prompt attention to this matter. It is greatly appreciated. Sincerely, Anthonv S. Lowe Director Mitigation Division Emergency Preparedness and Response Directorate HWw.fema.go\ L U.S. Dcpirtment of HomcUod Sccorliy 500 C Street. SW Wajhinpon. DC 20472 B FEM A t\ • * '-r CERTIFIED MAIL RETURN RECEIPT REQUESTED The Honorable Barbara A. Peterson Mayor of the City of Orono 2750 Kelley Parkway Orono, Minnesota 55356 Oifi .• I • u•X'.V. •■t'O Dear Mayor Peterson; Please consider this an official reminder that your community has until September 2. 2004, to adopt floodplain management measures that satisfy Section 60.3(d) of the National Flood Insurance Program (NFIP) regulations and have them approved by our Regional Office. I realize that your community may be in the final adoption process, or you may have recently adopted the appropriate measures. If you have not done so. please submit these measures to the Minnesota Floodplain Management Program in the Minnesota Department of Natural Resources - Waters where they will be reviewed upon receipt. You may reach Ogbazghi Sium. P.E., the NFIP State Coordinator, at (651) 296-0444, or by mail at the Minnesota Department of Natural Re.sources - Waters, 500 Lafayette Road, St. Paul, Miruiesota 55155-4032, or by e-mail at oebazuhi.sium@dnr.state.mn us. The Federal Emergency Management Agency (FEMA) Regional Office is also available to assist you with adoption of adequate lloodplain management measures. Our Regional Office can be reached at (312) 408-5548 or by mail. Send inquiries to Director. Federal Insurance and .Mitigation Division. FEMA, 536 South Clark Street, Sixth Floor, Chicago, Illinois 60605. As m previous corre­ spondence, we urge you to contact the NFIP State Coordinator or our Regional Office if your community is encountering difficulties in enacting the appropriate measures The NFIP regulations (copy enclosed) identify certain floodplain management measures for adoption by participating communities. These measures need to be adopted by September 2, 2004, to avoid your community’s suspension from the NFIP on that date. Please note that there is a significant consequence to a community that is suspended from participation in the NTIP in that flood insurance may not be sold or renewed within the community. It is important to also note that when a comm.unity is suspended from the NFIP, it is subject to the provisions of Section 202(a) of Public Law 93-234, as amended. This section prohibits Federal officers or agencies from approving any form of loan, grant, guaranty, insurance, payment, rebate, subsidy, disaster assistance loan or grant, for acquisition or construction purposes within special wwvs.fema.guy .jJM EX ionotahjj^^arbara A. Peterson Page 2 flood hazard areas. For example, this would prohibit mortgage loans guaranteed by the Department of Veterans Affairs, insured by the Federal Housing Administration, or secured by the Rural Economic and Community Development Services. In the case of disaster assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 198S, as amended, this prohibition only applies to assistance in connection with a flood. Furthermore, Section 202(b) of P. L. 93-234, as amended, requires federally regulated lending institutions to notify the purchaser or lessee of improved real property situated in a special flood hazard area whether Federal disaster assistance will be available when such property is being used to secure a loan that is being made, increased, extended or renewed. A suspended community can regain eligibility in the NFE? by submitting a new application and enacting the floodplain management measures established in Section 60.3 of the NFIP regulations. However, please note that during the period of suspension from the NFEP, if the community permits development to take place in the floodplain that aggravates the flood hazard, the community will be required to remedy the increased hazard to the maximum e.xtent possible before eligibility can be restored. We encourage you to contact the Minnesota Department of Natural Resources or our Regional Office if you need assistance or have any questions. Our regional staff will provide technical assistance and guidance in the development of your community's floodplain management measures. The adoption of compliant floodplain management measures will ensure participation in the NFIP and will provide the citizens in your community protection from disaster. Sincerely, David 1. Maurstad Acting Director Mitigation Division Emergency Preparedness and Response Directorate DM:bl Enclosure cc: Mr. Michael P. Gaffron, City of Orono Planning Director Regional Director, FEMA, Region V NFIP State Coordinator £>«■• F| Melanie Curtis From: Sent: To: Cc: Subject: Tom Lulgen [tom.lutgen@dnr.state.mn.us ] Thursday. May 13. 2004 10:24 AM joshdoty@a.medina.mn.us; humbertoms@aol com; mstatz@bonestroo.com ; Vvandertrop@bonestroo.com ; rshariin@ci.bloomington.mn.us ; rwarren@ci.brooklyn- center.mn us; cindy@ci.brookIyn-park.mn.us ; schulte@ci.champlin mn us; svergin@ci.corcoran.mn.us ; tmathisen@ci.crystal.mn.us. latkinson@ci.dayton mn us; kaaker@ci.edina.mn.us; cheh@ci.excelsior mn.us, joliver@ci golden-valley mn us. sstahmer@ci.long-lake.mn.us ; bwaibel@ci maple-grove.mn.us: dedwards@ci maple- grove.mn.us; steve.weckman@ci minneapolis mn.us; bgozcla@ci minnetrista.mn us. Melanie Curtis. Mike Gaffron; schield@ci.osseo mn us; bsenness@ci Plymouth mn.us; mdarling@ci.plymouth.mn.us ; ccostello@ci richfield.mn.us. bdeblon@ci robbmsdale.mn us; geitel@ci.rogers.mn.us ; mmornson@ci.saint-anthony.mn us; bnielson@ci shorewood mn us; gusk@cityofdeephaven.com ; sarahsmith@cityofmound.com ; sirvine@cityoftonkabay.net . dmoore@edenprairie org; jcolleran@eminnetonka.com . nanderson@hopkinsmn com, lorettocityclerk@hotmail.com ; cityhall@mapleplain.com; bill\weeks@mchsi com; rkrier@mchsi.com; grfd@mr.net; amsolberg@nacplanning com. gmornson@stlouispark org; bscott@townofhassan com; Lydia_Nelson@urscorp.com ; stboni@visi com; mike@wayzata org LRodriguez@dewberry com; mbraddox@dewberry.com; guy matheson@dhs gov, terry.fell@dhs.gov; Dale Homuth; Julie Ekman; Obt Sium, Suzanne Jiwani. Tom Hovey Requested Update on Floodplain Ordinance Revisions Dear Local Official (please respond by email or telephone); On March 2. 2004. the Federal Emergency Management Agency (FEMA) notified your community that the Hennepin County Flood Insurance Study will become effective on September 2. 2004. Either Julie Ekman, Tom Hovey or myself from DNR Waters recently advised you of the floodplain ordinance revisions that your community will need to adopt by the September 2, 2004, effective date. We are assisting 42 Hennepin County communities prior to the Study effective date. For us to be able to manage such a large project, we will be periodically asking you to update us via email or telephone on your progress. Have you developed a final draft floodplain ordinance revision? If yes. please reply in the affirmative and include the scheduled public hearing date if one has been set. If you have not developed a revised draft ordinance, please reply with an estimated date when the draft of the revised floodplain ordinance will be done And just a reminder. Please send or email us a copy of your final draft ordinance prior to adoption (unless you received a conditional approval from us with the suggested sample ordinance language that we recently sent you). A formality of Minnesota Statute, Chapter 103 is that we approve a floodplain ordinance amendment prior to adoption by your community. FEMA is strongly encouraging your community to have the adopted and certified ordinance submitted to their regional office in Chicago. IL so that they receive it by August 2, 2004 (at least 30-days prior to the effective date) This will save FEMA staff time and taxpayers' dollars because FEMA will not have to provide 30-day notices to communities and do tne required advance measures to suspend a community from the National Flood Insurance Program should the September 2, 2004. deadline be missed. I have a one-time additional favor to ask Periodically, FEMA asks us to contact communities in Minnesota to determine if you are having any problems or concerns with your floodplain management program. This seems like a good time to ask you to answer the following questions; Are there any problems with your community's floodplain administrative and enforcement procedures? Are there any engineering or other problems with the flood maps or your community ’s flood insurance study? Are there any other problems in your community ’s floodplain management program? Have potential violations been identified or are any suspected? If the answer is no to these questions, please respond back accordingly. If the answer is yes to any of these questions. From: Sent: To: Cc: Subject: Tom Lutgen (tom.lutgen@dnr.state.mn.us ] Wednesday, July 14,2C04 7;45 PM Melanie Curtis Julie Ekman Final Draft of Floodplain Ordinance Revisions Melanie; Serytliing looS^fine *l* wil?pr?pare a Depai^^^ letter that will be signed by Reg onal Hydrologist Dale Homuth in the next couple of days and will be mailed to you as ioon as is possible. I did get your statement that there are no existing manufactured home parks in the city and they would not allow them m the future in the floodplain. I believe you likewise mentioned to me in our last conversation that there are no recreational vehicle parks in the city and non will be allowed in the floodplain in the future Would you please respond to this email that there are no existing recreational vehicle parks in the city in the floodplain and non will be allowed in the future Thanks again for your prompt attention to this matter. You did a great job getting this done. Tom Lutgen DNR Waters ’ Floodplain Program 651-296-0522 ; % . r .« . .i:.f i Ir^ Minnesota Department of Natural Resources Central Region Waters -1200 Warner Road, St. Paul, MN 55106-6793 Telephone: (651) 772-7910 Fax: (651) 772-7977 i Cl July 15, 2004 The Honorable Barbara A. Peterson Mayor, City of Orono 2750 Kelley Parkway Orono, MN 55356 STATE APPROVAL, ORDINANCE REVISION. HENNEPLN COUNTY FLOOD INSURANCE STLT)Y Dear Mayor Peterson: The Federal Emergency Management Agency (FEMA) has revised the Flood Insurance .Study text and the Flood Insurance Rate Map for Hennepin County. The Hennepin County Flood Insurance Study and map will become effective on September 2, 2004. Before this effective date, your community must amend its floodplain management ordinance consistent with state and federal floodplain management standards in order to maintain its eligibility in the National Flood Insurance Program. Melanie Curtis. Orono city planner, submitted a final draft of an updated floodplain management ordinance to this Department via e-mail on July 12. 2004. On behalf of the Commissioner of Natural Resources. 1 am pleased to inform you that the above-cited proposed floodplain ordinance amendment is in compliance with Statew ide Standards and Criteria for Management of Floodplain Areas of Minnesota.” Minnesota Rules. Part- . •• 0 to 6120.6200. Therefore, in accordance with Minnesota Statutes. Section I03F.121. Subd. 2. (g). I hereb-, conditionally certify state approval of the above-cited draft ordinance. This proposed ordinance amendniciif so appears to be compliant with the floodplain management standards of the National Flood Insurance Prograv This approval is valid upon adoption of the draft ordinance by the city and receipt by this office of three (3) certified copies of the adopted ordinance amendments along with the signed and completed “Ordinance Certification Checklist” that 1 have attached. We will then forward a certified copy to FEMA’s regional office in Chicago on your community ’s behalf. Your community's cooperation and quick action in providing for the reduction in flood damage through the adoption and administration of this ordinance is greatly appreciated. Please continue to work with Tom Lutgen of our central office until this ordinance revision process is complete. For all other matters, please contact Area Hydrologist Julie Ekman (651-772-7919) of this office should you have concerns or questions Sincerely, DNK Waters Dale E. Homuth Regional Hydrologist Enclosure c: FEMA. Guy Matheson Ploiming Director, Michael Gaffron City Planner, Melanie Curtis DNR Waters. Tom Lutgen DNH Waters. Julie Ekman DNR Information: 651 :s)6-M.S7 . 1.88S-W6-6.W • m' 65l-2%-54S4 • I-800-657-392V .Am Equjt Opp»»nun»t> bMiplo\i:i o PniUwif Rcv jwtca pjper C»»nrjininj u Minimum Pom-C unwtiKf S I'D REQUEST FOR COUNCIL ACTION DATE: August 23,2004 ITEM NO.: \ Department Approval: Name Gregory A. Gappa Title Director of Public Scr\’iccs Administrator Reviewed: Agenda Section: Public Services Director’s Report Item Description: Accept Quotation Birch Lane Drainage Recommended Project Based on the uncertainty of obtaining easements required for project construction, in a timely manner, and the quotes received for this project, our recommendation is for the completion of this project in two stages as described below. The first phase would be to reconstruct Birch Lane with concrete curb in order to provide improved drainage of the water to the Baldur Park Road intersection. The street would be graded to split the drainage to both sides of the street to provide for more gutter flow capacity. There are currently problems with water draining from the street into yards and garages along the south side of Birch Lane. Construction of the first phase of the project this year is crucial to alleviate the current problems with street water draining across private properties. Catch basins will be installed on both the north and south sides of Birch Lane at the Baldur Park Road intersection and the this water w ill then drain to the south into Crystal Bay through an existing pipe system until the second phase of the project is constructed next year after the necessary ’ easements have been obtained. Completion of the second phase will allow for drainage from the north side of Birch Lane to North Arm Bay by 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 to low 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. 1 have had several phone conversations regarding a drainage easement 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 Page 1 of 3 w IL 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 ea.scment 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 as the property valued at only $1.000 for tax purposes and he is paying $7.00 per year in taxes on this parcel. We still have not received a definite response from this property owner yet. Me stated that he has no interest in the amount of money received for the easement, but has concerns about the ability to use his property with an easement inplace. We have discussed the limited potential for use of this property with him. The potential for the City to obtain an easement through Eminent Domain proceedings has also been discussed with the owner. 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 three property owners adjacent to the vacant may possibly be interested in granting easements, but their preference was for the City to obtain an easement across the vacant parcel. Project Quotations Quotations from contractors were received until 11:00 a m. Friday August 19 “' for this project, and the lowest quotation, received, for the entire project, was from Midwest Asphalt. Hopkins Minnesota in the amount of $75,303.50. Based on the uncertainty of obtaining easements that arc required for construction of the northern phase of the project, in a timely manner, and the quotes received for this project; our recommendation is for the completion of this project in two phases as previously described. This will allow for acceptance of the revised quotation in the amount of $49,997.60 from Midwest Asphalt for the work to be completed tliis year which is under the $50,000 limit for approval of projects by the quotation method Project 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 fiinded from the City ’s Storm Water Fund. Page 2 of 3 COUNCIL ACTION REQUESTED: Motion to accept quotation from Midwest Asphalt Hopkins Minnesota in the amount of $49,997.60 for construction of the Birch lane Drainage Improvements. Project will be funded from the Stormwater Utility Fund with a budget adjustment to the 2004 Stormwater Utility Fund budget to reflect this expenditure. Page 3 of 3 aO LOCATION imn. fm T '“'cts aP b d>.?-.{f 119 ORONO, MINNESOTA 3IRCH LANl improvements BARBARA PEJCRSON JAMES MURPHY JAMES WHITE ROBERT SANSEVLRE GREG CAPPA TOM BARRETT RON MOORSE ;;nLiT tNDLx 0101 naf. siiTT I Cb 01 blORM U WIH UA'jE 010 Cb02 SIORM SEWER AEILRNAU I C6 01 SIRTI I IMI'ftOVEMrmS C7 01 OIRCH lAMC. HAIDER I'AFK ROAO CROSS SECHONS C«01 OflAIIS. lYPICAl jECIION 7001 COUNCIL MAYOR COUNCILMEMOER COUNCILMEMOER COUNCILMEMBCR PUOUC SERVICES DIRECTOR CITY ATTORNEY CITY ADMINISTRATOR V cuts 8 :•} ^ f Inil qjEsl - W» "I Iz| t3^ t? UJ O t; try o5<D G1.01 r r^ I I ...-J -^-R^:u.=:^‘“‘- • I....................... ......=^-----^/9.-_ LAKC rirv. 920 64 / ' 7 /n \0RAINAM fAVMfNT \i< "'1 NT) (■)\ STORM SEWER - ALTERNATE 1 X. \v 1/ a O''' \ „ nruovt >o -8\pwac^\ 0^'\ smai \ .X \ 10 K>1^ X u-r-v—r==a \ X X • lM« XX tmx I MSfMt s«.1 rUlU AS UWCTTO fT fMOMt* CDSirtc HMi«r ovm siorm utCJi h . ...... 3:1 2*-H 3;1 I; r n. n tMAOl OITCH to OOMN • OSOV, MJUHAIUI 2 I-- •* * {..................t SfUH-4 COMH-i ^ 9J1M ------- 932 ?0 COMH-7 -037 3t ......I_ •3*-IO* l*C • OIOSt 9 IW» i| i 44*4«o~ n« • lOlOt 0 37« » ^ 9:50 iSi ..4- ? ? • <1tf) i —I — I *bg T------- U 1 8S jI o;i I I --0^925 as 5 .-=^920I ^ ( lYPICAL onat SEC90N M R «n* St Ilo •i r* o rn q+00 If 00 2f00 3f 00 jIL ■jf It o (/)UJ o S a: (o ‘ rijmg c5.o: r *•* VII M. l» 0 % • *• «!• • »^ y*;^b • %tl4 -- ... ........ «, *:.-->“ttr>>n-^xX-r>^ -.rr.-r :....,,. i . .. ...... •*-■--• »— • —* —•' . .,u.L. -.j::? a r'-T.rrr* T.'Li:iz ttii: u* til - *•*• 9K)0 •»r-t'»*::T-rr5-r—w*--‘‘:'4r-.----i,- u----- •M -- - -----------------.---------------'1 »!• I _r ifJT •*— — -•*-*““ ...------y -----------------♦ til rr;.T;*:..t:.-rvr-.":?>3r:- «■ •!• o 8^75 -------------f-- . j «0 --------------- J* -t£t pr.-.- •. —--------. I j ^ " ~ r* .'7. 11. ——I . . ._«.i------i------+-----,— ------_ri: ;zzz-Tr~~rj:^.. - !-----,—1--;j- - -{-—-rnnrx 74*2!i t«c.jr—j------L-------r------5— -------,— I«r«rs. . ..>• - --!>• moo -Vu.—-------J---------' - ——f —;----------- •— ( >!-.»» w»..irwv T'.iTstt- «ta ww*-*-— ------------- -----------------------------------------------------------------------------!-------t ■ ■ . «■ 4 ■ —--------J tftmm T» — -'•I'.C t»>B t*r> • 0*M »«»Vu_ n JS* *mt*a • IV* ”»■ ** r It JL**L»* *r i« t* _»»*»_ J* >vi«ir%* *r _•* »• nc> _ >« «< wr j» «i‘ ~JiK Hli ^•?Z • » ,*.’L "• if JItB ~*fL • ft •jj^ 'an" • ti jij»'3*_'e'S«r • •a rnrM4tTt| ICUM.T cvw r*J- m nu rm nu •»»t • M •• ••^ilv*' 2»f ai _• It mu' i»i»• i«MU iti _•_'*__»••*_lU t«>»• ■•MIIM~• I* ' »i«7 zi?*r_ltl«S III MM •••»••»•^ HI _ IIM •••~ ••• m"11*^ •III IM M«M JM ••M •H.IVIM IM__ •«M • «l Tm M »•_■ II iv'm * M Tilt _ ••«_Mltf • I* HI*• ••II* It *1* IM ]M9I • I* IIM *^t II "/ntt «U »•«ill"tM_«*_«M •in • M Mill *•• • M • •1 M*M IM • OD II* M IM "1 " 10+00 •• .4*-----i -------------------------------, «Jt 1 * M. j ^ T 28» C7.01 lUMil ttiaii !Mom ^"CCTING REQUEST FOR COUNCIL ACTION AUG 3 2004 DATE: August ITEM NO: / 2^ Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed: //T Agenda Section: City Administrator's Report Item Description: Appointment of Park Commission Member The Council has completed interviews for the vacancy on the Parks, Open Space and Trails Commission. The new member will fill an unexpired term that expires on December 31,2005. COUNCIL ACTION REQUESTED: Motion to appoint a new Park Conunission member to an unexpired term that expires on December 31,2005. biUlH r i % L / REQUEST FOR COUNCIL ACTION AUG 2 3 2004 CITY OF ORO no DATE: May 6, 2004 ITEM NO: /3 Department Approval: Name Lin Vee Title City Clerk Administrator Reviewed: Name Ronald J. Moorse Agenda Section: Licenses Item Description: List of Licenses for Council Approval CLUB FIREARM USE PERMIT 1. Annual Permit for Trap Shooting: Park Gun Club 3660 Sixth Avenue North RESIDENTIAL KENNEL LICENSE 2. Irene Silber 4625 West Branch Road SPECIAL EVENT 3. Applicant: Event: Location: Date: Time: Dan Lang Homes 2004 Fall Parade of Homes 1180 Garden Court September 11 - October 10,2004 Noon - 6:00 p.m., Thursdays - Sundays 4. Applicant: Event: Location: Date: Time: National MS Society, MN Chapter MS Challenge Walk Route through Orono, coordinated with Orono Police Department Saturday, September 18,2004 8:30 a.m. - 3:00 p.m. COUNCIL ACTION REQUESTED: Motion to approve/deny the above listed licenses. ( i i! liriihhirifiMliiiT A LIMITED FIREARMS USE PERMIT $10.00 OCCASIONAL PERMIT NUMBER: 2004-001 $25.00 ANNUAL XX(CLUB)PERMIT EXPIRES: AUGUST 31,2005 $25.00 CAME ANIMALS (Limited Use) REPRESENTATIVE:Dwayne Noren 13612 5"' Avenue North Plymouth, MN 55441 THIS PERMIT AUTHORIZES: PARK CUN CLUB to discharge for SHOT GUNS ONLY TRAP SHOOTLNG at from 3660 SIXTH AVENUE NORTH September 1, 2004 to August 31, 2005 RESTRICTIONS: This permit is issued for the above purpose. The holder must obey all of the laws and ordinances of the United States, State of Minnesota, County of Hennepin, and City ofOrono in the use of this permit. The permit may be revoked at any time by the City of Orono by notifying the holder in accordance with the ordinance granting the permit. Hunting of game animals or game birds is prohibited in the City unless specifically stated in this permit. Date issued: August 23,2004 (SEAL) City Administrator KENNEL LICENSE APPLICATION Effective January 1, 200_to December 31, 200__ Owner; J . LJS fA Property Address: ^ C^OnIG , A^fv/ ^include city acd zip) Mailing Address (if different): Phone: (home) 5*72."‘472"^(n7&______(work) (sSL^ 4047 RESIDENTIAL Kennel License Fee: $25.00 (payment must accompany application) Maximum No. of dogs to be kept at one time: (over 6 months of age) 3 Cki Purpose for more than 2 dogs: doAilv^ATilt^itNlS Dogs normally kept: t/ inside____ ____^kennel structure OililUK COMMERCIAL Kennel License Fee: $150.00 (payment must accompany application) Name of Business;_________________ Business Activities: (example: boarding, breeding, veteriimo' care, retail, etc.) Normal Business Hours:___________________________________ After Hours Contact: (name) (phone) Dog runs/exercise areas are:inside \/^yx\outside both The undersigned hereby makes application to the Orono City Council for a Kennel License as specified on this form; the undersigned acknowledges that a kennel license is permissive only and does not grant any authority to violate any provision of any City Ordinance or other law or regulation: the undersigned hereby grants the City permission to inspect the premises prior to license approval and at any other reasonable time during the license duration; and the undersigned agrees to abide by the requirements of Municipal Code Chapter 5.36 including any special conditions imposed by the C ty Council as part of any kennel license approval. Applicant V ['di^ 27,2Q0f Date ' Fnr City Use Ontv Kennel inspected by lU~(t Dale Recommends: Approva l ^ Denial m CITY OF ORONO SPECIAL EVENT PERMIT Dale Issued: Dale of Event: Time: August 23, 2004 Saturday, September 18, 2004 8:30 a m. - 3:00 p.m. Name of Pcrson(s) And/or Organization Sponsoring this Event: Kristi Boucher National MS Society, MN Chapter 200 12''' A\'cnuc South Minneapolis, MN 55415 Phone: 612-335-7975 Type of Event: MS Challenge Walk Location of Event: Route through Orono The following documents arc required and on flic at the City Administrative Offices: • Route of Walk Event • Approval from Orono Police Department The following conditions have been placed on this event: • Due to road construction, the salest route for the walk is to be coordinated between representatives of the MS Society and the Oiuno Police Department pnor to the event. • Event organizer to provide traffic control as required by the Orono Police Department: • All traffic control personnel should be provided with a traffic control vest. • Appropriate rest stops, hydration stations and port-o-potties to be provided by event organizer. • Event orgaiii/x-r shall remove all event-related garbage and debris, including signs, after completion of tlie event. • By acceptance of tins .special event permit, the permit holder, on behalf of any and all organizations and private persons, grants authority to operate under the special event permit, agrees to, indemnify and hold harmless the City of Orono from all claims arising from said event. Ihc permit holder, all organizations and private persons e.xercising authority under this permit, do waive and lelease all claims against the City ot Orono, its olficers or employees for any damage to person or property arising from the exercise of privileges granted by this permit and agrees to hold hannless the City of Orono. its employees and officers from any such claim. • The Oroao Police Department and its officers are empowered to revoke this special c\cnt permit at any time for any safety concerns that arc not immediately resolved by the pennit holder or a representative of the permit holder. This revocation shall cause the immediate cancellation of the event originally authorized by this permit. Approved at City Council meeting on: August 23,2004 (City Seal) Ronald J. Moorse, City Administrator 2750 Kelley Parkway. P.O. Box 66, Cr> stal Bay, MN 55323 Phone: 952-249-4600 / Fax: 952-249-4616 ■'www.ci.orono.mn.us , CITY OF ORONO Check Detail Register© 08/18A)4 7 07 AM Page 1 AUGUST 2004 Check Amt Invoice Comment »»cc:TlfvjQ iw 2 j 2004 10100 PrimaiyCath Paid Chk# * 078997 * ‘ ’ ‘8/18/2004' * RRSf NATiONAL BANK OF u C k ES* 9W*-* ••• G 101-21701 Federal Withholding G 101-21703 FICA Tax WithholdiP'' G 101-21703 FICA Tax Withholding Total FIRST NATIONAL BANK OF LAKES $8,86824 $4,478 98 $4,47898 FEDERAL W/H FICA & MEDICARE W/H FICA & MEDCR CITY SHARE $17,82620 F^tdChk# 078998 8/18/2004 ICMA RETIREMENT TRUST-457....... G 101-21705 Other Retirement $951.62 DEFERRED COMP-302030 ToUl ICMA RETIREMENT TRUST-457 $951.62 Paid Chk#^b78M9 ' "*l^18^604 1>W ENFORCMENT G 101-21707 Union Duet $618 26 Total LAW ENFORCMENT LABOR SERVICE UNION DUES $618.26 Paid Chk« 079000 8/18/2004 MN DEPT OF REVENUE G 101 -21702 State Withholding Total MN DEPT OF REVENUE $3,76607 STATE TAX W/H $3,76607 PaidChk# Ot^Y' “8Tl8i2004 MN STATE RETIREMENT SYSTEM G 101-21718 Pott Employment Health $291 58 1 post retirement Total MN STATE RETIREMENT SYSTEM $291 58 PaTd Chk# 079002 8/T8/2004 NATIONW RETIREMENV sOLUTION G 101-21705 Other Retirement $1,902 00 G 101-21705 Other Retirement Total NATIONWIDE RETIREMENT SOLUTION $155 53 USCM - ENTITY 2339 OBRA #2343 $2,057.53 Paid Chk# 079003 8/18/2004 ORCHARD TRUST C^O. tRUSfEE/CUSf G 101-21705 Other Retirement $3,562 68 MN STATE RETIREMENT ToUl ORCHARD TRUST CO. TRUSTEE/CUST $3,562 68 Paid Chk# 079004 ‘8/18/2004 PUBLIC EMPLOYEES RETIREMENT 0 101-21704 PERA G 101-21704 PERA Total PUBLIC EMPLOYEES RETIREMENT $6.887 20 $5,346 66 $12.233 86 >aid Chk# 079005 8/18/2004 UNITED WAY G 101-21708 United Way $7C 00 Total UNITED WAY $70 00 V.Paid Chk# 079006 6/18/2004 WISCONSIN SCTP 0 101-21712 Other Deductions Total WISCONSIN SCTF $184 b2 $164 62 10100 Primary Cash $41.562 42 Fund Summary 101 GENERAL FUND 10100 Primary Cash $41.56242 $41.562 42 CITY OF ORONO 08/18/04 8:16 AM Page 1 check register Check Number Employee Name Pay Period Check Amount Check Date Check Status 054373 054374 054375 054376 054377 054378 054379 054380 054381 054382 054383 054384 054385 054386 054387 054388 054389 054390 054391 054392 054393 054394 054395 054396 054397 054398 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. MARK W WHITE. ANTHONY J. WITTKE, ANTHONY A GAFFRON. MICHAEL P. MEYER. WILLIAM C OMAN. LYLE E VANG.BRUCE L GREGORY. JAMES D HANSEN,STEVEN OBRIEN. RANDY L PALMER. GREGORY A RATHBUN. BARRY J. 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 61.042.63 $887 98 $66442 $47.02 $1,431.35 $1,655.77 $1.628 66 $1,540.46 $1.50820 $621.42 $668 29 $1,691.05 $514 10 $37925 $1,370 49 $64831 $1.41006 $1.42850 $51242 $64 72 $1,323 53 $75800 $366 44 $436.68 $75543 $1,270.56 8/18/2004 Outstanding 8/18/2004 Outstanding 8/18/2004 Outstanding 8/18/2004 Outstanding 8/18/2004 Outstanding 8/18/2004 Outstanding 8/18/2004 Outstanding 8/18/2004 Outstanding 8/18/2004 Outstanding 8/18/2004 Outstanding 8/18/2004 Outstanding 8/18/2004 Outstanding 8/18/2004 Outstanding 8/18/2004 Outstanding 8/18/2004 Outstanding 8/18/2004 Outstanding 8/18/2004 Outstanding 8/18/2004 Outstanding 8/18/2004 Outstanding 8/18/2004 Outstanding 8/18/2004 Outstanding 8/18/2004 Outstanding 8/18/2004 Outstanding 8/18/2004 Outstanding 8/18/2004 Outstanding 8/18/2004 Outstanding 054399 SKREEN, DALE S.17 $1,079.03 8/18/2004 Outstanding 054400 ABRAHAMSON. FREDW.17 $232.71 8/18/2004 Outstanding 054401 JENSEN. RODNEY W.17 $31741 8/18/2004 Outstanding 054402 MCINTYRE. WILLIAM E.17 $11445 8/18/2004 Outstanding 054403 PEICKERT. GARY J 17 $401 78 8/18/2004 Outstanding 054404 POLLEY. MIKE A 17 $86 26 8/18/2004 Outstanding 054405 ROSS. JOHN A 17 $163 25 8/18/2004 Outstanding 054406 SMYTH. KATHERINE R 17 $137.43 8/16/2004 Outstanding 054407 STEFFENHAGEN. RONALD 17 $1,343 17 8/18/2004 Outstanding 054408 STORK. JOHN T 17 $354 79 8/18/2004 Outstanding 003610 MOORSE. RONALD J.17 $2,336 49 6/18/2004 Outstanding 003611 SILUS. BARBARA G.17 $47802 8/18/2004 Outstanding 003612 VEE. LINDAS 17 $1.038 54 8/18/2004 Outstanding 003613 KUEHN. THOMAS M.17 $1.328 20 8/18/2004 Outstanding 003614 OLSON. RONALD J.17 $1,161 81 8/18/2004 Outstanding 003615 PETTIT. SANDRA K 17 $1,061.30 8/18/2004 Outstanding 003616 ANDERSON.BRUCE L 17 $1.135 00 6/18/2004 Outstanding 003617 BOBZIEN. SUE A.17 $830 00 8/18/2004 Outstanding 003618 BORIS. SCOTT W.17 $20 00 8/16/2004 Outstanding 003619 BUDIG. STACIE M.17 $632.32 8/18/2004 Outstanding 003620 CORNICK. JAMES L.17 $1,817.70 8/18/2004 Outstanding 003621 DAY. SUSANJ 17 $1,13678 8/18/2004 OuUtanding 003622 FISCHER. CHRISTOPHER K.17 $1.360.56 8/18/2004 Outstanding 003623 GOOD. STEPHANY R 17 $1.994 94 8/18/2004 Outstanding 003624 JOHNSON. JEFFREY 17 $1,532.12 8/18/2004 Outstanding 003625 MCNICHOLS. DAVID L.17 $1,100.00 8/18/2004 OuUtanding 003626 RUSSETH. KYLE M.17 $1.310 78 8/18/2004 Outstanding 003627 SCHOENHOFF. JOHN B 17 $1.556 73 8/18/2004 OuUUnding 003628 TOMCHECK. LAWRENCE F.17 $900 00 6/18/2004 OuUUoding 003629 LEE. JOSEPH P 17 $315.19 8/16/2004 OutsUnding 003630 PHARO, CHRISTOPHER M.17 $662 11 8/18/2004 OuUUnding 003631 BOLTERMAN. MATTHEW A.17 $707 32 8/18/2004 OuUUnding 003632 CURTIS. MELANIE 17 $1.142 84 8/18/2004 OutsUnding CITY OF ORONO 06/1 d/04 8:16 AM Page 2 check register Check Pay Check Check Numbtr EmployM Nam*Period Amount Date Check Statue 003633 QAFFRON. MICHAEL P.17 $125.00 8/18/2004 Outstanding 003634 GAPPA. GREGORY A.17 $1,810.50 8/16/2004 Outstanding 003635 GUNDLACH. JANICE J.17 $1,253.61 6/18/2004 Outstanding 003636 OMAN. LYLE E.17 $1,400.00 8/18/2004 Outstanding 003637 DEBAERE. DONALD L 17 $1,184.25 8/18/2004 Outstanding 003638 HANSEN. STEVEN 17 $775.00 8/18/2004 Outstanding 003639 OBERAIGNER. SCOTT G.17 $1,252.53 8/18/2004 Outstanding 003640 OBRIEN. RANDY L.17 $500.00 8/18/2004 Outstanding 003641 PALMER. GREGORY A, 17 $350.00 8/18/2004 Outstanding 003642 RATHBUN. BARRY J.17 $200 00 $53,665.66 8/16/2004 Outstanding ■ A. f~i# ^ U . .u AikllM^ MUM k CITY OF ORONO 08/20/04 9:13 AM Page 1 Check Detail Register® AUGUST 2004 Check Amt invoice Comment 10100 PrimaryCash Paid Chk# 078996 * "8/17/2004....UC^CLOSING SERViCES, iNC E 225-45219-510 Land $196,162 39 8/17/2004 Total UC CLOSiNG SERViCES, iNC $196,162.39 3422 Lyric Ave-Nav Pk Exp >aid Chk# 079007 8/2^2064 ACCLAIM BENEFITS E 101-41900-489 Other Miscellaneous Charges E 101-41900-489 Other Miscellaneous Charges Total ACCLAIM BENEFITS $78.00 344476 $100.00 344477 COBRA Adm 7/2C04 FSA Adm 7/2004 $17800 Paid Chk# 0>9008* ' 8/23/2004'* ALL AMERICA“n GOLF E 613-49900-095 Pro Shop items For Resale Total ALL AMERICAN GOLF $37 50 81546 Pro Shop Merch $37.50 Paid Chk# 079009 8/23/2004 ANDERSON, RICHARD R E 101.42110-319 Other Professional Services Total ANDERSON, RICHARD R $414.80 04.PN.800 Arbitrator $414.80 PaidChk# 079010 8/23/2004 AUGIES MOBILE CHEP E 613-49900-093 Concessions For Resale-Txbl ToUl AUGIES MOBILE CHEF $71.10 5495 Hot Dogs/Hamburg8rs $71.10 Paid Chk# 079011 8/23/2004 BATTCHER AND AERO E 601-49400-223 Btdg/Grounds Maint. Supplies $36 95 6157 Supplies Total BATTCHER AND AERO 8/‘23/2d04 '^BEACk, scon" ' $36.95 PaidChk# 079012 E 613-49900-095 Pro Shop Items For Resale $217 50 647031 Golf Balls for Resale Paid Chk# 079013 8/23/200*4 Total BEACK. SCOTT iBUDGEf PRINTING $217 50 E 101-42110-201 Office supplies E 613-49830-201 Office supplies E 101-42110-322 Postage E 101 -41900-201 Office supplies Total BUDGET PRINTING $253 96 355 $21.61 497 $16.28 537 $33 89 577 Letterhead/Bus Cards Poster Shipping Color Copies $325.74 Paid Chk# 079014 ’ 8/'23/2064" " CAMP ENTERPSrSES E 101-42110-340 General Advertising Total CAMP ENTERPRISES $25 00 103 Consultant - Advcrtisment $25.00 - 4 - Paid Chk# 079015 .....8/23/2004 CARDIAC SCIENCE E 101 -42110-221 Equipment Parts 4 Accessories $714 52 528348 Battery/Parts Total CARDIAC SCIENCE 8/23/26<m" ' C^^^ SALT $714 52 Paid Chk# 079016 E 601 -49400-216 Chemicals and Chem Products ToUl CARGILL SALT $1,866 81 1075902 Solar Salt $1.866 81 Paid Chk# 0790^7 **" "^2^^ CHUNKS LAKESHORE AUTO E 101-42110-402 Repairs/Maint-Auto Equip E 101 -42110-402 Repairs/Maint-Auto Equip E 101-42110-402 Repairs/Maint-Auto Equip E tOI-42110-402 Repairs/Maint-Auto Equip E 101 -42110-402 Repairs/Maint-Auto Equip E 101-42110-402 Repairs/Maint-Auto Equip E 101-42110-402 Repalfs/Malnt-Auto Equip $92 15 $32.92 $51.10 $21.60 $3292 $150.06 $4642 25689 25707 25753 25765 25766 25784 25798 Oil, Tires #196 Oil. #197 Inspect #202 Vehicle Insp #168 Oil #201 Oil. AC Service #196 Oil. Tire Repair #195 CITY OF ORONO CB/20/04 913 AM Page 2 Check Detail Register® AUGUST 2004 Check Amt Invoice Comment E 101-42110-402 Repairs/Maint-Auto Equip E 101 -42110-402 Repairs/Maint-Auto Equip Total CHUNKS LAKESMORE AUTO $32 92 25805 S44 19 25814 Oil. #200 Oil #199 S504 28 Paid Chk# 079018 ^23/2004 CULLIGAN E 613-49830-403 Repaira/Maint-Misc. Equip ToUl CULLIGAN $14 00 101-09083676-Softener Service $14.00 9^ Paid Chk# 079019 6/23/2004 DELL E 231-45650-240 Small Tools and Minor Equip Total DELL $2,825 73 A68252832 Laptop - Task Force $2,825.73 Paid Chk# 079020 6/23/2004 DELTA DENTAL G 101-15996 Non-Employee Health Ins G 101-15998 Non-Employee Health Ins G 101-21709 Dental Insurance Total DELTA DENTAL $56.70 37220072 $113 40 37220072 $1.486 50 37220072 Cobra Bal Due 8/2004 Dental Premiurr!s-9/2004 $1,656 60 P'aiel'Chk«'07M2"l B/23/2004 OEX MEOIQ EAST LLC E 613-49830-340 General Advertising Total DEX MEDIQ EAST LLC $306 30 21813966000 Yellow Pages Adv $306 30 Paid Chk# 079022 8/23/2004 DONALD SALVERDA & ASSO cTaTES ......... E 101-41300-437 Training & Development $192.07 P93362B Adv Effective Mgmt - Books Total DONALD SALVERDA & ASSOCIATES Paid'^Chk#"079023 '8/23/2004* * E-Z RECYCUNQ E 101-43270-316 Contract Recycling Pickup $192.07 E 101-43270-316 Contract Recycling Pickup E 101-43270-316 Contract Recycling Pickup Total E-Z RECYCLING ($6.317 64) 3332 $6,518.20 6820 $6,518.20 6943 Duplicate Payment Recycling 7/2004 Recycling 8/2004 $6,718.76 Paid Chk# 079024 8/23/2004 EAST SIDE BEVERAGE E 613-49900-091 Beer For Resale E 613-49900-091 Beer For Resale Total EAST SIDE BEVERAGE $111 60 223905 $111.60 224150 Beer for Resa'e Beer for Resale $22320 Paid Chk# 079025 6/23/2004 EASTMAN KODAK CO E 101-41900-401 Repairs/Maint-Office Equip ToUl EASTMAN KODAK CO $457 00 259187351 Main! Conlr 10/1/C4-05 $457 00 Paid Chk# 079026 8/23/2004 ELECTRIC PUMP E 602-49450-406 Repairs/Maint-Swr lines/lifls E 602-49450-101 Full-Time Employees Regular ToUl ELECTRIC PUMP $13,154.30 26516 $9.125 77 26587 Axnnual Lift Station Insp/Maint Pump - LS#1 $2228007 Paid Chk# 079027 8/23/2004 EMERGENCY MEDICAL PRODUCtsTlN E 101-42110-221 Equipment Parts & Accessories $63 26 613824 Soap ToUl EMERGENCY MEDICAL PRODUCTS. IN Paid Chk#'079028 ’ 6/23/2dd4' ^ W6lNEE*RiNG REPTO WSTEMS $6326 E 101-42110-201 Office supplies Tout ENGINEERING REPRO SYSTEMS $81.47 70563 Copies $81.47 Paid Chk# '079029 ' B/aMdOA”'' ESS BROTHERS SONS E 601-49400-227 Utility System Mamt. Supplies E 602-49450-443 Repairs/Maint-l&l Reduction $83.07 GG3787 $187 44 GG3787 Valve Extension Risers/Rings r C!TY OF ORONO CS^O/04 9:13 AM Pago 3 Check Detail Register® AUGUST 2004 Ch»ck Amt Invoice Comm>nt _____ Total ESS BROTHERS a SONS $270S1 PaidChk# 079030 8/53/2004 ” FAST'sIGNS ' ~ .................... ............ E 613-49830-223 Btdg/Groundt Maint, Supplies $192 77 100-48162 GC Signs Total FAST SIGNS S192 77 >aid Chk# 07903i ‘"~W2^'obV *'G & K SERW^ E 101-42110-404 Repairs/Mainl-Bldgs/Grounds $154.40 1006200640 Mat Service • PD E 101-41900-404 Repaifs/Maint-Bldgs/Grounds $57.65 1006200641 Mat Service • Adm E 101-41900-404 Repairs/Mainl-Bldgs/Gfounds ____$65.18 1006200642 Mat Service - CC Tout G & K SERVICES $277.23 'Paid Chk# 079032 ' " 8/23/2004 ' GENUINV pARTS CO." *............... E 101-43000-221 Equipment Parts 4 Accessories $7.54 781259 Fittings E101-43000-224 Street Maint. Materiais/Supply S7 98 797200 Ek Hanger E 101-43000-224 Street Maint Materials/Supply $60 46 797338 Filters E 101-43000-224 Street Maint Materiais/Suppiy $82 07 797784 Filters E 101-43000-224 Street Maint Materials/Supply $11.48 797811 Propane E 101-43000-224 Street Maint. Materials/Suppiy $67.50 798418 Belt E 101-43000-221 Equipment Parts & Accessories _____$4 25 798906 Shop Supplies Tout GENUINE PARTS CO. $241.26 Paid Chk# “079033 8/23/2004 GOiyCAR MIDWEST E 613-49830-379 Insurance Deductibles $296 03 401493 Golf Carl Repairs E 613-49830-415 Other Equipment Rentals $1,600 00 9904 Cart Lease - 7/2004 Total GOLF CAR MIDWEST $1,696.03 Paid ChkiT079034 8/23/2004 " GOWiRNMENff ~ " E 101-42400-437 Training 4 Development $177.00 11057 Land Use Workshop-Kempf E 101-42400-437 Training 4 Development $127 00 11C57 Land Use Workshop-Curtis E 101-42400-437 Training 4 Development $177 00 11057 Land Use WorKshop-Jurgens E 101-42400-437 Training 4 Development $127.00 11057 Land Use Workshop-Gundlach Tout GOVERNMENT TRAINING SERVICE $608 00 Paid Chk# 079035 8/23/2004 ' 'lUCH CHEW^^^ .......... E 601-49400-216 Chemicals and Chem Products $196 49 3961518 VWater Plant Chems Total HACH CHEMICAL CO. $196 49 'Paid Chk# 079036 8/23/2004 ’ HAWKINS CHEMICAL ‘ ' ........... E 601-49400-216 Chemicals and Chem Products $1,705 65 635450 Chlor'ne/Flourine Total HAWKINS CHEMICAL $1.705 85 Paid'ChK# 079037 ‘8/23/2004 ' ■HENNEPIN COUNTYINW ~ E 101-41900-329 Other Communications $82.05 24077179 Data Bose Access 7/2004 E 101-42110-414 EDP/Communications Equip Rent $1,524 53 24078026 Radio Lease 7/2004 Total HENNEPIN COUNTVINFOR TECH DPT $1,606 58 ■Pard Chk# “079038 ‘ 8i/2372C0'4 ^h Yn NEPINTOUNTY Sf^^ E 101-41600-309 Jail Charges $536 54 273 Booking Fees - 7/2004 Tout HENNEPIN COUNTY SHERIFF $536 54 %d Chk#Y7M39““ ^i/2004 “'YuEBSCH r 'en TaY E 613-49830-404 Repairs/Mainl-Bldgs/Grounds _____$26 76 130573 Mat Service Total HUEBSCH RENTAL SERVICE $26.76 Paid Chk# 07W0 8/23/2004'"TfPTEsYsERV^^ E101-42110-319 Other Profeuional Services $350.00 7/23/04 Piychologica! Earn CITY OF ORONO *Check Detail Register© 08/20/04 9:13 AM Page 4 AUGUST 2004 Check Amt Invoice Comment $350.00Total IFP TEST SERVICES. INC Paid Chk# 079041 8/23/2004 KENNETH N. POTTS. PA E 101-41600-306 Legal-Prosecutlon $2,500.00 8/1/04 Total KENNETH N. POTTS. PA ‘Paid‘‘ChkiT6>9()42 8/23/2604 '“kIn KO ’S E 101-42110-340 General Advertising Total KINKOS Prosecutions 7/2004 $2,500 00 $452 57 61500099577 Reserve Pamphlets $452 57 Paid Chk# 079043 8/23/2004 KUSTOM SIGNALS INC E 101-42110-403 Repairs/Maint-Misc. Equip E 101-42110-403 Repairs/Maint-Misc. Equip Total KUSTOM SIGNALS INC $87 06 204798 $132 27 205509 Radar Repair Window-Smart Trailer $21933 Paid Chl^ 079044 6/23/2004 LABOR RELATIONS ASSOC E 101-42110-319 Other Professional Senrices $777 00 8/1/04 Total LABOR RELATIONS ASSOC $777.00 Arbitration Preparation Paid Chk# 079045 8/23/2004 LMCIT - BERKLEY • PO BOX E 703-49960-151 Worker'a Comp Insurance Prem $27,875.50 200036219 Total LMCIT-BERKLEY-PO BOX 2nd HaN 2004 Work Comp $27,875.50 Paid Chk# 079046 8/23/2004 LOGIS E 101-41900-329Other Communications $196.50 24200 Internet 5/2004 E 101-42110-329Other Communications $196.50 24200 Internet 5/2004 E 101-42110-310LOGIS-Appllcations $1,876.00 24200 Police Records 5/2004 E 101-41900-311Data Processing Communication $30.00 24200 Henn Cty Connect 5/04 E 101-41900-401Repairs/Malnt-Office Equip $429 00 24256 Network Maint E 101-42110-401Repairs/Maint-Offica Equip S429 00 24256 Network Mamt E 101-41900-311Data Processing Communtcatton $3000 24284 Henn Cnty Connect 6/04 E 101-42110-329Other Communications $19650 24284 Internet S/04 E 101-42110-310LOGIS-Applications $1.876 00 24284 Police Records 6/04 E 101-41900-329Other Communications $196 50 24284 Internet 6/04 E 101-42110-401Repairs/Maint-Office Equip $187 00 24328 AntiVirus/Pnnting Issues E 101-41900-401Repairs/Mamt-Office Equip $187 00 24328 AntiVirus/Pnnting Issues Total LOGIS $5,630 00 Paid Chk# 079047 8/23/2004 LONG LAKE. CITY OF E 101-42260-318 Fire Services E 101-42260-318 Fire Services __________ Total LONG LAKE. CIIY OF $51,284 50 $38.493 00 20040031 $12,791 50 20040033 3rd Qtr 2004 Fire Service 3rd Qtr 2004 Fire Service ♦ - . , ♦ I ___ Paid Chk* 079048 B/23/2004 MET COUNCIL ENVIRONMENTAL SVCS E 602-49450-383 MWCC-Cufrenl Charge* $19,438 93 779336 Tout MET COUNCIL ENVIRONMENTAL SVCS Wattewater • 9/2004 $19,438.93 Paid Chk* 079049 8/23/2004 MIDWEST ASPHALT E 101-43000-224 Street MainL Matenals/Supply Tout MIDWEST ASPHALT $12 72 72298MB Bat Due $12.72 Paid Chk* 079050 8/23/2004 MIDWEST COCA COLA BOTTLING CO e 613-49900-092 Soft Drink* For Resale $190 65 82425066 ToUl MIDWEST COCA COLA BOTTLING CO $190 65 P*ald ChKr5f55?1 jTSSrjlobS midwes Tfue Is E 613-49630-212 Motor Fuel* & Lubricants $346 82 10260 Soda for Resale Diesel CITY OF ORONO 08/20/04 9.13 AM Page 5 Check Detail Register® AUGUST 2004 Check Amt Invoice Comment E 613-49830-212 Motor Fuels & Lubricants Total MIDWEST FUELS $738.59 10260 Unleaded $1,085.41 ’Paid Chk# 079052 8/23/2004 MINN^POLIS OXYGEN COMPANY ... ’ E 101-42110-221 Equipment Parts & Accessories $16.84 RI07040865 Cylinder Rental Total MINNEAPOLIS OXYGEN COMPANY $16 84 ‘Paid Chk# 079053 ' ’ 8/23/2004 MN COUNTY ATTORNEYS ASSOC.*' E 101-42110-437 Training & Development E 101-42110-437 Training & Development E 101-42110-437 Training & Development _ Total MN COUNTY ATTORNEYS ASSOC. $15.00 $15.00 $15.00 9/23/2004 9/23/2004 9/23/2004 Traffic Safety Training-White Traffic Safety Training-Russet Traffic Safety Training-Dembou $45.00 'Paid cVk# 079C54 8/23/2004 " ' MN DEPT O^ REVENUE G 613-20806 Due to Govts-State Sales Tax R 601 -: 9610 Miscellaneous Revenue G 601 -20806 Due to Govts-State Sales Tax G 601-20806 Due to Govts-State Sales Tax R 101 -34210 General Taxable Sales/Sen/ice Total MN DEPT OF REVENUE $2,257.00 $3200 $286 00 $346.00 $25 00 7/2004 7/2004 7/2004 7/2004 7/2004 Sales Tax 7/2004 Sales Tax 7/2004 Sales Tax 7/2004 Sales Tax 7/2004 Sates Tax 7/2004 $2,946.00 Paid Chk# 07905^......8/23/2064 *''mn DEPT OF TRAN^ E 101-43000-433 Menberships & Subscriptions $50 00 5152 DOT Manuals Total MN DEPT OF TRANSPORTATION $50 00 Paid Chk# 079056 * 8/23/2004 MPLS DEPT OF HEALTH & FAMILY E 101-42110-319 Other Professional Services _____$52.00^2004728 Total MPLS DEPT OF HEALTH & FAMILY $52 00 Lab Analys?s Paid Chk# ^079057 * 8/23/2664 MR AUGIES COFFEE SERVICE E 613-49900-092 Soft Drinks For Resale $49 50 21621 Total MR AUGIES COFFEE SERVICE $49 50 Coffee for Resale ’Paid Chk# 079058 8/23/2004 ' NAVARRE HARDWARE E 101-42400-221 Equipment Parts & Accessories $;.36 138708 Misc Hardware E 101-42400-221 Equipment Parts & Accessories ($0.11) 138756 Return E 101-42110-201 Office supplies $2342 138893 Bags E 601-49400-223 Btdg/Grounds Maint. Supplies $382 138921 Seal E 101-43000-224 Street Maint Materials/Supply $7 44 138935 Glue E 101-43000-224 Street Maint Materials/Supply $21 26 139271 Primer. Paint E 613-49830-201 Office supplies $12.77 139398 Trash Bags -GC E 101-43000-224 Street Maint Materials/Supply $7 58 139446 ties E 613-49830-223 Bldg/Grounds Maint. Supplies $29.77 139658 Off. Stake E 6C1-49400-240 Smalt Tools and Minor Equip $265 139696 Drain Pan E 101-43000-224 Street Maint Materiais/Supply $3064 139822 Nuts. Bolts E 101-42110-221 Equipment Parts & Accessories $861 139934 Cleaning Supplies E 601-49400-227 Utility System Maint. Supplies $14.15 140144 Water Supplies E 101-43000-221 Equipment Parts & Accessories $4.31 140203 Nuts/Botts E 601-49400-201 Office supplies $26 17 140220 Lath Total NAVARRE HARDWARE $19384 . 1 Paid Chk* 079059 8/23/2004 NEXTEL COMMUNtJATIONS E 613-49830-321 Telephone E 601-49400-321 Telephone E 101-41900-321 Telephone E 602-49450-321 Telephone $78 46 326180427-00 Cell Phones $59 90 326180427-00 Cell Phones $409.41 326180427-00 Cell Phones $179.70 326180427-00 CeU Phones ,t JJ CITY OF ORONO Check Detail Register® 08/20/04 9.13 AM Page 6 AUGUST 2004 Check Amt Invoice Comment Total NEXTEL COMMUNICATIONS Paid Chk# 079060 iai/23/^ O’SULUVANS HOLIDAY W E 101-42110-402 Repairs/Maint-Auto Equip E 101-42110-402 Repairs/Maint-Auto Equip ___ Total O'SULLIVANS HOLIDAY 547 $727.49 $5 50 7/2004 $195 00 7/2004 Car Washes Car Washes $200.50 Paid Chk# 079C61 8/23/2004 OFFICE DEPOT E 101-42110-201 Office supplies E 101-41900-201 Office supplies E 101-42110-201 Office supplies E 101-41900*201 Office supplies E 101-41900-201 Office supplies E 101-42110-201 Office supplies E 101-42110-201 Office supplies E 101-41900 2J1 Office supplies Total OFFICE DEPOT >aid Chk# 079062 ' * 8/23/2004 OLD DUTCH FOODS INC. E 613-49900-093 Concessions For Resale-Txbl Total OLD DUTCH FOODS INC. $352.67 253286146 $352.66 253286146 ($58.25) 253399661 ($58 25) 253399861 ($44.02) 253399865 ($44.02) 253399865 $11.15 253399866 $11.16 253399866 Office Supplies Office Supplies Office Supplies Office Supplies Office Supplies Office Supplies Office Supplies Office Supplies $523.10 $10 08 103094 Chips for Resale Paid Chk# 079063 8/23/2004 OTTEN BROTHERS E 601-49400-223 Bldg/Grounds Maint. Supplies E 601-49400-223 Bldg/Grounds Maint. Supplies Total OTTEN BROTHERS $10.08 $36 21 7/2/04 $63.37 7/2/04 Sod Sod $99 58 Paid Chk# 079064' ' 8/23/2004 PHOENIX TECHNOLOGY SOLUTIONS, E 101-42260-401 Repairs/Mair.t-Omce Equip $150.00 1711 Computer Support 7/2004 Total PHOENIX TECHNOLOGY SOLUTIONS, Paid Chk# 079065 8/23/2004 PIONEER E 613-49630-340 General Advertising E -41900-352 Printing & Publishing E 101-41900-352 Printing & Publishing E 101-419C0-352 Fritting & Publishing E 101-41900-352 Printing & Publishing E 101-H <900-352 Printing \ Publishing E 101-42400-340 General Advertising E 402-48039-352 Printing & Publishing E 101 -41900-352 Printing & Publishing E 101-41900-352 PrinUng & Publishing E 101 -42400-340 General Advertising Total PIONEER Paid Chk#'b79066 8>23/2bo‘4'‘‘^‘ED VENDING E 613-49900-093 Concessions For Resale-Txbl Total REED VENDING $150.00 $125 00 $95 52 $119.40 $95.52 $55.72 $33 83 $222 88 $14328 $103.13 $990.00 $286 56 $2.27084 319 6/1/04 6/1/04 6/1/04 6/1/04 6/1/04 6/18/04 6/5/04 7/10/04 7/24/04 7/3/04 Golf Guide Ordinance #12 Ordinance # 9 Ordinance #13 Ordinance #11 Ordinance #10 Land use Applications Bids - Carlson Bfield Trt Publish Ord 15 Publish Annual Financial St Land Use Applications $74.10 4826 Concessions for Resale $74.10 IPaki Chk#*d79067 8/23/2004 SBC PAGING E 101-42110-321 Telephone $58 43 20261008047 Police Pagers Total SBC pacing $58.43 PaidCwarb79068 8/23/2004 SCHWABB INC. E 101-42110-201 Office supplies ToUl SCHWABB INC. $47 28 R54370 Notary Stamp $47.28 CITY OF ORONO Check Detail Register® OS/20/04 9:13 AM Page 7 AUGUST 2004 Check Amt Invoice Comment PaidChk# 079069 8/23/2004 SNYDER DRUG #5039 E 101-42110-201 E 101-42110-201 E 602-49450-227 E 101-42110-201 E 101-42110-201 E 101-42110-201 E 101-42110-201 E 601-49400-227 E 101-42110-221 E 101-42110-201 Office supplies Office supplies Utility System Maint. Supplies Office supplies Office supplies Office supplies Office supplies Utility System Maint. Supplies Equipment Parts & Accessories Office supplies Total SNYDER DRUG #5039 S51 85 $2 92 $7 44 $3 18 S35 12 $445 $2.76 $14.78 $1244 $6386 5/2/04 5/22/C4 5/24/04 5/24/04 5/5/04 6/16/04 6/25/04 6/9/04 7/20/04 7/7/04 Batteries. Film Photo Processing Film Processing Card Film, Tissues. Envelopes Card Film, Processing Dog Chow Film $198 60 Paid ChK# 079070 8/23/2004 STAR TRIBUNE E 101-42110-340 General Advertising _ Tout STAR TRIBUNE 'Paid Chk# 079071 ~'^3^20^^^ " STAR TRIBUNE- SERVICE E 101-42110-433 Memberships & Subscriptions Total STAR TRIBUNE • SERVICE $507 20 12757006 Adv for Emp - Officer $607 20 $27 95 1069 ;27 Subscription - PD $27 95 Paid Chk# 079072 8/23/2C04 STREICHERS E 101-42110-221 Equipment Parts & Accessories E 101 -42110-226 Clothing & personal equipment E 101-42110-221 Equipment Parts & Accessories E 101-42110-221 Equipment Parts & Accessories E 101-42110-226 Clothing & personal equipment E 101-42110-226 Clothing & personal equipment Total STREICHERS $85.15 $19 12 $159 70 $27 58 $25995 $85 15 446330 1 446647.1 446745 1 447869 1 1201352 1202910 Charger Key holder Speaker Charge Cord Stnkeforce Vest - Lee Charger $636.65 Pa*d Chk# 079073 8/23/2004 SUBURBAN RATE AUTHORITY E 101-41110-433 Memberships & Subscriptions Tout SUBURBAN RATE AUTHORITY Paid Chk# 079074 ' ^‘8/23/2004' uWORMS’UNLIMITED E 101 -42110-226 Clothing & personal equipment E 101-42110-226 Clothing & personal equipment Tout UNIFORMS UNLIMITED $300 00 2004 2nd Ha:f20C4 $300.00 $49 90 230815 $45 60 231475 Uniform - Strandberg Uniform - Grande $95 40 Paid Chk#* 079075".....8/23/2004"‘'*'uNITe6"STATES POSTAL SERV E 101-41900-322 Postage __$2.000 00 69549067 Postage for Meter ToUl UNITED STATES POSTAL SERVICE Paid Chk# 0790^*^** 8/23/2004 ‘”xcEL energy' E 101-42110-361 Gas & Electric E 101-41900-361 Gas & Electric E 101-43000-386 Street Lighting E 602-49450-381 Gas & Electric E 101-42110-381 Gas & Electric E 101-43000-381 Gas & Electric E 101-45200-381 Gas & Electric E 613-49830-381 Gas & Electric E 601-49400-361 Gas & Electric ToUl XCEL ENERGY $2,000 00 $9 42 $1.500 67 $1.323 42 $1,750 25 $641 75 $358 77 $2306 $910.59 $4.779.71 $11,297.64 118059677722 Electrical Service 118059677722 Electricai Service 118059677722 Electrical Service 118059677722 Electrical Service 118059677722 Electncal Service 118059677722 Electrical Service 118059677722 Electrical Service 118059677722 Electrical Service 118059677722 Electrical Service 10100 Primary Cash $375,626.12 T A CITY OF ORONO *Check Detail Register® 08/20/04 9:13 AM Page 8 A AUGUST 2004 Check Amt Invoice Comment Fund Summary 10100 Primary Cash 101 GENERAL FUND $87,391.14 225 PARK FUND $196,162.39 231 DRUG/FELONY FORFEITURE FUND $2,82573 402 MUNICIPAL STAID ST CONSTUCT $14328 601 WATER OPERATING FUND $9,55393 602 SEWER OPERATING FUND $43,84383 613 GOLF COURSE $7,83032 703 INSURANCE FUND $27,87550 $375,626.12 Deboa A HaKcrson 3136 North Shoie Drive Onorx). Mmsata 56391 •*f"PTiNG AUG 2 j 2004 ^ V • CITY OF ORONO AUG I 0 2004 iJJ • .' Or (J(Yo August 18,2004 Mayor and City Council Members City of Orono 2750 Kelley Parkway Orono, Minnesota 55356 Dear Mayor and Council Members: It has been an honor to serve as your appointed representative to the Lake Minnetonka Consenration District Board and as a member of the Parks, Open Spaces and Trails Commission. My husband has been relocated by his company, and it is with sincere disappointment that I have to resign from these positions. I have greatly enjoyed being involved with the City of Orono and I have learned much during my sen/ice. I will be available until mid-October, and I can continue to attend LMCD meetings and help with the transition to a new representative if you so desire. I know I don't have to teii you that the LMCD position is very important for the City, and the representative should be someone with the same vision and consen/ative approach to lake usage as the City of Orono. Sincerely, Debora A. Halvorson V 'ym -1 I Kay Mitchell CLEEKTOTHEKMIIO COIIM/-M .iCCTING , AUG 2 3 2004 CITY OF ORONO PHONE 6U-MS-5433 FAX 612 34»-li70l Board of Hennepin County Commissioners A-2400 Government Center Minneapous , Minnesota 55487-0240 %C-: C/A). August 6, 2004 TO: Various Municipalities RE: HENNEPIN COUNTY APPOINTMENT TO MINNEHAHA CREEK WATERSHED DISTRICT BOARD Enclosed please find a copy of an extract from the minutes of the August 3, 2004, meeting of the Hennepin County Board of Commissioners. Please note, that Mr. Lee Keeley of Plymouth, MN was appointed to fill the unexpired term of March 8, 2006 for Susan Goetz, who resigned. Yours truly. (jtdyCHGhiley ^ 'r)eputy Clerk of the Board End. c ■m ®0 /t/C Tuesday. August 03, 2004 Applications had been solicited to fill one vacancy on the Minnehaha Creek Watershed District Board. Interviews were held at the July 13, 2004 General Government Committee meeting and the selection progressed to today's meeting. Applicants were: Orvin Burma, who appeared today as he was unable to attend the committee meeting; Edward Callahan, Jr.; Daniel Flo. Charles Jacobson and Lee Keeley. A vote was taken on the vacancy, as follows: Commissioner Nomination Dorfman Flo McLaughlin N Koblick Keeley Steele II Opat Slenglein Johnson Acccdingly. Lee Keeley was appointed II ATTEST: Clerk of the c4i/^ty Board < ■■—II i^nii ■ r BOARD MEMBERS Tom Skramslad Chair, Shorewood Katy VanHercke Vice Chair, Minnelonka Jose Vaidesuso Secretary, Excelsior Paul Knudsen Treasurer. Minnetrisla Bob Ambrose Wayzata Doug Babcock Tonka Bay Orv Burma Mound Miles Canning Greenwood Ben Foster Deephavon Debbie Halverson Orono Pete Nelson Victoria Tom Scanlon Spring Park Tom Seuntjens Minnetonka Beach Herb Suonh Woodland 9 O ••ccTifsjQ 4UG 2 3 2004 LAKE MINNETONKA CONSERVATIOW'D’fSTWCT 18338 MINNETONKA BLVD • DEEPHAVEN MINNESOTA 55391 • TELEPHONE 952 745 0789 • FAX 952 745-9085 Gregory S. Nybeck. EXECUTIVE DIRECTORAugust 12.2004 Mr. Ron Moorse City Administrator City of Orono POBOX66 Orono. MN 55323 Dear Mr Moorse: SO*. Potl Contymw WMli In June 2002. the Lake Minnetonka Conservation District (LMCD; Board of Directors adopted LMCD Ordinance 178. This ordinance prohibits the use of motorized watercraft on Six Mile Creek, Painter's Creek west of County Road 110, and Long Lake Creek upstream from the railroad trestle. Electric trolling motors are allowed in these parts of Lake Minnetonka as long as they comply with the specifications outlined in the ordinance. Enclosed is a copy of this ordinance. Laws of Minnesota 2004, Chapter 225, Section 43 was recently passed by the state legislature that stripped the LMCD of its jurisdiction in Six Mile Creek. The legislation was sponsored locally by State Senator Gen Olson and Representative Steve Smith and was done without consulting the LMCD, the City of Minnetrista, the MN DNR, the MCWD, and a variety of other interest parties. The LMCD is currently thinking about how to react to this legislative decision. At its July 28,2004 Meeting, the LMCD Board of Directors discussed a draft resolution relating to the jurisdiction of the LMCD and supporting the repeal of Laws 2004, Chapter 255. Section 43. Although the LMCD Board or Directors took no action on the draft resolution at this Regular Meeting, further discussion is planned sometime in the next 60 days. In the meantime, the LMCD Board of Directors would like input and comments on the two enclosed draft sample resolutions from the 14 LMCD member cities One sample resolution has been prepared for review and comments by the 14 LMCD member cities As noted earlier, the second sample resolution will be considered by the LMCD Board of Directors in the next 60 days. Please forward the sample resolutions for review and comments by your city council during the month of August. If possible, the LMCD would like to have comments back from the 14 LMCD member cities by Tuesday, September 7,2004. Please feel free to contact LMCD Executive Director Greg Nybeck if you have questions or concerns relating to this matter. Sincerely, Tom Skramstad, Chair LMCD Board of Directors Web Page Address; http://www lmcd.org E-mail Address; lmcdOlmcd.org LAKE MINNETONKA CONSERVATION DISl RICT STATE OF MINNESOTA ORDINANCE NO. 178 AN ORDINANCE PROHIBITING THE USE OF MOTORIZED WATERCRAFT ON CERTAIN PARTS OF LAKE MINNETONKA; ADDING NEW SECI ION 3.022. THE BOARD OF DIRECTORS OF THE LAKE MINNETONKA CONSERVATION DISTRICT ORDAINS as follows: Section 1. LMCD Code is amended by adding new Section 3.022 as follows: Section 3.022. Use of Motorboats Prohibited. Subd. 1. Prohibition. No person, other than authorized law enforcement personnel or governmental resource management personnel in performance of their duties, shall operate a motorboat using propulsion by machinery in anv of the followint’ areas: a)Si,x Mile Creek from the mouth of the creek (located at a line between Latitude 44” 54.844’ North. Longitude 93° 42.166’ West and Latitude 44° 54.83 r North. longitude 93° 42.138’ West) upstream to the right of wav of State Highway 7. Painter’s Creek west of Countv Road 110 flocalcd at Latitude 44°. 57.723’ North. Loneitude 093°. 30.931 ’ West) unstream to the contour line at elevation 929.4 NGVD. Lonti Lake Creek from the railroad trestle (located at a line between Latitude 44°. 57.793’ North. Longitude 093°. 33.860’ West and Latitude 44°. 57.806’ North. Longitude 093°. 33.842’ We.st). upstream to the contour line at elevation 929.4 NGVD. Subd-._2.—Aids to Navitiation. If such areas in which u.se of motorboats asinp BTopulsion by machinery is prohibited are delineated by signs, buovs, markers or other aids to navigation by the District or bv the County, the location indicated bv such aids to navigation shall control. Subd. 3.____Ejaeption. The prohibition in Subdivision I shall not apply to anv watercraft that is 24 feet in length overall or less and that is being propelled bv a single electric motor that has only a single propeller and is not capable of generating more than 60 pounds of thru.st at its maximum operating voltage. Length overall means the horizontal measurement from the foremost to the aftennost points of the watercraft, including all equipment and attachments in their normal operating positions. CO-2I6483VI LKIIO-4 I 1 I STATE or MINNESOTA COUNTY OF________ CITY OF RESOLUTION NO. A RESOLUTION REUTING TO THE JURISDICTION OF THE LAKE MINNETONKA CONSERVATION DISTRICT AND SUPPORTING THE REPEAL OF LAWS 2004, CHAPTER 255, SECTION 43 WHEREAS, Lake Minnetonka Conservation District (“LMCD" or “the Distnct") is a special purpose political subdivision of the State, created pursuant to Laws 1967, Chapter 907 and Laws 1969 Chapter 272 later codified as Minnesota Statutes, Sections 103B.601 through 103B.645; and WHEREAS. Minnesota Statutes, Sections 103B.641 and 103B.611 grant to the LMCD the powers to undertake research to determine the condition and development of Lake Minnetonka (“the Lake") to develop a comprehensive program to eliminate pollution, to regulate the types of boats permitted to use the Lake and the use of vanous parts of the Lake, and to regulate the construction and maintenance of docks on the Lake; and WHEREAS, over the last thirty-seven years the LMCD has developed a comprehensive regulatory program governing the use and development of the Lake to protect and preserve the Lake as a viti environmental and recreational resource of the State; and in 2002, the LMCD began a detailed review of the effect of the present and future use anddevelopment of Six Mile Creek, Painters Creek and Long Lake Creek; and WHEREAS, this review was a well publicized, open, public legislative process that took nearly two yudrs, dno considered evidence and testimony from cities around he Lake the Minnehaha Creek Watershed District, the Department of Natural Resources, the Lake Minnetonka Association, the Halsteds Bay Preservation Group. Three Rivers Park District, water quality experts and concerned citizens and landowners, many of whom were represented by legal counsel; and Ml * consideration of the conflicting or differing interests of the Lake ’s ecoloqv and widlife, npan^ l^downers. devetopers, and recreational users of the Laxe, the LMCD adopted Ordinance No 1 ro on June 26,2UU2; and o • • O^inance No. 178 prohibits the use of gas motors on certain parts of Six Mile Creek Peters Dwk and L(^ Lake Creek, thereby limiting the use of those areas to canoes, kayaks and similar craft and boats using electric motors; and . «w «mnar amoc represents a compromise that preserves these sensitive wetland ar^s fw tte quiet enjoyment of boaters, protects wildlife, and substantially reduces the increased flow of nutnents into the Lake caused by gas motors stirring bottom sediment into the water column moving in?o the UIIO-4 r % Lake, while still allowing reasonable use of Ihese areas for watercraft owned by riparian owners using electric motors; and WHEREAS, the Minnesota Legislature adopted Laws of Minnesota 2004 Chapter 255 Section 43 which removed Six Mile Creek from the jurisdiction of the LMCD; and WHEREAS, Laws of Minnesota 2004, Chapter 225, Section 43 was passed by the Legislature without consu^ wth the cities around the Lake, the Department of Natural Resources, the Minnehaha Creek Watershed District, the Lake Minnetonka Association, the H^dsteds Bay Preservation Group, or the Lake Minnetonka Conservation District or any of its directors, and was passed without legislative hearirigs; and the LMCD is better able than other state or local agencies to devote the necessary time to ^ P«>tec«on to the puDjc health, safety and welfare, adopt and enforce regulations on a uniform lake-wide basis, aid mediate the conflicting interests of the many stakeholders in Lake Minnetonka; aid ^ Minnesota 2004. Chapter 255. Section 43 deprives certain areas of the L^e of the benefits and protection of the LMCD and Its regulation of development a^ use of the Lake; NOW THEREFORE BE IT RESOLVED by the City Council of the City of that; 1.It would be in the public interest to repeal Laws of Minnesota 2004, Chapter 255. Section 43. 2. The City’s legislative delegation is urged to repeal Laws of Minnesota 2004, Chapter 255 Section 43 at Its earliest opportunity. 3.The is authorized and directed to transmit a copy of this resolution to the members of the City s legislative delegation and to take such other and fur^r steps as deemed reasonable and appropriate to communicate the support of the City Council for such repeal. Adopted by the City Council of the City of this__day of .2004. CITY OF Its Mayor AHEST: City Clerk Cli^25IOI3v| LKIIO-4 STATE OF MINNESOTA LAKE MINNETONKA CONSERVATION DISTRICT RESOLUTION NO. A RESOLUTION REUTING TO THE JURISDICTION OF THE LAKE MINNETONKA CONSERVATION DISTRICT AND SUPPORTING THE REPEAL OF LAWS 2004. CHAPTER 255, SECTION 43 WHEREAS. Lake Minnetonka Conservation District (*LMCD" or the DistricO is a special purpose political subdivision of the State, created pursuant to Laws 1967. Chapter 907 and Laws 1969. Chapter 272 later codified as Minnesota Statutes. Sections 103B.601 through 103B 645; and WHEREAS. Minnesota Statutes. Sections 103B.641 and 103B 611 grant to the LMCD the powers to undertake research to determine the condition and development of Lake Minnetonka (“the Lake"), to develop a comprehensive program to eliminate pollution, to regulate the types of boats permitted to use the Lake and the use of various parts of the Lake, and to regulate the construction and maintenance of dxks on the Lak(j- and WHEREAS, over the last thirty-seven years the LMCD has developed a comprehensive regulatory program governing the use and development of the Lake to protect and preserve the Lake as a vital environmental and recreational resource of the State; and WHEREAS, in 2002, the LMCD began a detailed review of the effect of the present and future use and development of Six Mile Creek. Painters Creek and Long Lake Creek; and WHEREAS, this review was a well publicized, open, public legislative process that took nearly two years; and WHEREAS, the LMCD solicited and carefully considered evidence and testimony from cities around the Lake, the Minn^aha Creek Watershed District, the Department of Natural Resources, the Lake Minnetonka Association, the Halsteds Bay Preservation Group, Three Rivers Park District, water quality experts and concerned citizens and landowners, many of whom were represented by legal counsel; and WHEREAS, after consideration of the conflicting or differing interests of the Lake ’s ecology and wildlife, riparian landowners, developers, and recreauonal users of the Lake, the LMCD adopted Ordinance No 178 on June 26.2002; and WHEREAS. Ordinance No. 178 prohibits the use of gas motors on certain parts of Six Mile Creek, Painters Creek aid Long Lake Creek, thereby limiting the use of those areas to canoes, kayaks and simila craft and boats using electric motors; and WHEREAS, Ordinance No. 178 represents a compromise that preserves these sensitive wetland areas for the quiet enjoyment of boaters, protects wildlife, and substantially reduces the increased flow of nutrients into the Lake caused by gas motors stirring bottom sediment into the water column moving into the Lake, while still allowing reasonable use of these areas for watercraft owned by riparian owners using electric motors; and • ru-:5iu4vi UCIKM