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HomeMy WebLinkAbout11-08-2004 Council PacketAGENDA FOR COUNCIL MEETING SET FOR MONDAY, NOVEMBER 8, 2004, 7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA (*) Asterisk items are considered to be routine items to be enacted upon by one motion by the City Council under the Consent Item'*' on tlie agenda. Memos regarding each of the Agenda items are available in the Public Packet - located on the counter near the sign in sheet. CO*'►'/'!( «iircTTifjQ f^OV 8 2004 Cl I Y Uh OHOt^Q \ ROLL CALL CONSENT AGENDA * 1. Approve/Amend RECOGNITION PRESENTATION 2. Sergeant Stripes to James Comick APPROVAL OF MINUTES * 3. Regular Council Meeting of October 25, 2004 * 4. Special Council Meeting of the Canvassing Board of November 4,2004 PARK COMMISSION COMMENTS Next meeting scheduled for November 29,2004. PLANNING COMMISSION COMMENTS - J. Marc Fritzler, Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR’S REPORT Bryson and Johnson, 650-660-670-680 Big Island - Subdivision of a Lot Line Rearrangement - Extend Approval - Resolution City of Orono, Large Vehicle Storage Permit - Ordinance Eric Vogsirom, 2618 Casco Point Road - V'arianccs Jon and Gail Blackstone, 4475 Forest Lake Landing - Variances - Resolution Dr. Martha Spencer, 1005 Willow Drive South - Variances Timothy Zwart, 3970 North Shore Drive - \'arianccs - Resolution Bill and Robin Grierson, 1989 Fageniess Point Road - V^ariances - Resolution WJM Properties LLC, 2605 Way/ata Blvd. - Amend Conditional Use Pennit - Resolution Nina Wildman, 745 Spring Hill Road - Final Plat - Resolution Theodore I. Capra, 3534 Ivy Place - Variances - Resolution MAYOR/COUNCIL REPORT PUBLIC SERVICE DIRECTOR’S REPORT CITY ADMINISTRATOR'S REPORT 15. Accept Donation from BRA 16. Consideration of Refunding of 1997 Sewer Bonds 5.#2461 6.#04-3024 7.#04-3052 8.#04-3054 9.#04-3055 10.#04-3058 11.#04-3061 12.#04-3063 13.#04-2961 14.#04-3010 AGENDA FOR COUNCIL MEETING SET FOR MONDAY, NOVEMBER 8,2004,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA 17. 2005 Non-union Compensation Adjustments 1R. Appointment of Anthony White to Full Time Officer CITY ATTORNEY'S REPORT * 19. LICENSES • 20. BILLS I UPCOMING ISSUES AND EVENTS 2004 11/08 - Council Meeting, 7:00 p.m. 11/11 - HOLIDAY, Observance of Veterans Day, Thursday 11/15 - Planning Commission Meeting, 6:00 p.m. (Council Liaison -Lili McMillan) 11/18 - Council Work Session, Thursday, 5:45 p.m. 11/22 - Council Meeting, 7:00 p.m. 11/25 - HOLIDAY, Observance of Thanksgiving Day 11/26 - HOLIDAY, Observance of Thanksgiving Day 11/29 - Park Commission Meeting, 7:15 p.m. (Council Liaison - Mayor Peterson) 12/01 - Planning Commission Work Session, Wednesday, 5:30 p.m. 12/09 - Council Work Session, Thursday, 5:45 p.m. 12/13 - Council Meeting, 7:00 p.m. 12/24 - HOLIDAY, Observance of Christmas Meeting D ate ^-C ouncil □ Planning C ommission □ Park C ommission Public A ttendance Please filloutthe information requested BELOW FOR OL R CITY RECORDS. ''niiMr'K «»ppyING NOV 6 2004 REQUEST FOR COUNCIL ACTION Ull YUHOHONO DATE: 11/08/04 ITEM NO: Department Approval: Name: StephanyGood Title: Chief of Police Administrator Reviewed:Agenda Section: Item Description: Recognition of Stephanie Grande’s Volunteer Efforts-Resolution DISCUSSION: Stephanie Grande has served as the Police Department Volunteer Ser\ ices Coordinator since 7/14/03. The position was created as a pilot project for one year based on Stephanie's previous positive contributions to the Department. Ms. Grande's generous sharing of time and talent has greatly exceeded expectations. She was instrumental in designing and implementing the police web site at mvw.oronopolice.org. She redesigned the Reserve program and worked with the Reserve members and the Reserxe Coordinator and members of the police department and community to create and adopt a Reserve program policy manual. She continue.s to assist police department staff members on technology projects and computer related challenges. Most recently, Ms. Grande researched, designed, and implemented a Citizens Police Academy program to enable community members to participate in training for three hours a week for eight weeks. The objective of the Citizens Police Academy was to build on the relationship between the community and the police department by; 1) Increasing participants ’ awareness of issues that directly affect the safety and well-being of themselves and their families. 2) Giving citizens of our community a better understanding of underlying issues and risks associated with law enforcement that shape the ways officers perform their duties. The first Orono Police Citizens Academy graduated on October 27,2004. The program received outstanding evaluations. COUNCIL ACTION REQUESTED: Motion to adopt a resolution recognizing Stephanie Grande for her many contributions to the Orono Police Department, particularly, facilitating the first ever Orono Citizens Police Academy, Motion to approve Stephanie ’s continued appointment as the Orono Police Department Volunteer Program Coordinator. A RESOLUTION RECOGNIZING VOLUNTEER PROGRAM COORDINATOR STEPHANIE GRANDE RESOLUTION NO. 5245 WHEREAS, on July 14, 2003, the Orono Police Department appointed Stephanie Grande to the position of Police Department Volunteer Services Coordinator, (a volunteer position with no salary and no paid benefits) and; WHEREAS, Stephanie serves the Police Department by creating and maintaining a professional web site, assists in the coordination of the Police Reserve program, redrafted the entire policy manual, and consults with staff on numerous tccimology projects, and WHEREAS, Stephanie designed and implemented the first ever Orono Police Department Citizen’s Police Academy which successfully brought citizens of the community together with members of the Police Department; and WHEREAS, the participants in the Citizens Police Academy, who graduated on October 27, 2004, have given the program outstanding reviews, and have expressed gratitude for their increased awareness of issues that directly affect the safety and well-being of themselves and their families, and a better understanding of underlying issues and risks associated with law enforcement that shape the way officers perform their duties. NOW, THEREFORE, be it resolved, by the Orono City Council, that Stephanie Grande is hereby recognized for her generous sharing of time, expertise and heart in all cf her contributions to the Orono Police Department, and particularly her outstanding efforts in designing and implementing the first ever Orono Police Department Citizens Police Academy. Adopted by the City Council of Orono, Minnesota at a regular meeting held this 8*'* day of November, 2004. ATTEST: Linda S. Vcc, City Clerk Barbara A. Peterson, Mayor MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 25, 2004 7:00 o’clock p.m. r.niiMrff hhcptimg NOV 8 2004 ROLL LUYUP UHOIXO Tlic Council met on the above mentioned date with the following members present: Mayor Barbara Peterson; Council members Jim White, Jim Murphy, Lili McMillan, and Bob Sansevere; City Attorney Thomas Barrett; Representing staff were. City Administrator Ron Moorsc, Planning Director Mike Gaffron, Planner Melanie Curtis, Public Service Director Greg Gappa, Engineer Tom Kellogg and Recorder Kristi Anderson. Planner Janice Gundlach was absent. Mayor Peterson called the meeting to order at 7:00 P.M CONSENT AGENDA 1. Approve/Amend Items 11, 12, 14, 16, 17, 18 and 19 were added to the Consent Agenda. While Item #7 w as removed from the Consent Agenda. White moved, Murphy seconded, to approve the Consent .Agenda as amended. Vote: Ayes 5, Nays 0. PUBLIC HEARING - 7:00 PM 2. Certmeation of Delinquent Utilities and General Service Fees - RESOLUTION NO. 5236 Mayor Peterson opened the Public Hearing at 7:02 P.M. at w hich time the affidavit of publication was confirmed. Moorsc reported that delinquent utilities and sers icc fees w-ould be added to next year’s property taxes for those delinquent accounts. He added that, as of October 22,2004, the revised amount was roughly $77,000. Murphy moved. White seconded, to adopt RESULU TIO.N NO. 5236, a Resolution providing for the collection of delinquent charges for the 2004 sewer and water utility services, the septic inspection program, the recycling program, the false alarms, developers improvement fees, and other general service fees. VOTE: Ayes 5, Nays 0. PRESENTATION 3. Sally Koenecke, l ake Minnetonka Communications Commission (L.MCC) - 2005 Proposed Budget As the administrator of the cable communications franchise that serves 16 cities in the l.ake Minnetonka area, Kocnccke , on behalf of the L.MCC, explained that the 2005 budget was made up of three general funds, the Franchise Administration Fund, the Studia'Access Production Fund, and the Capital Improvement Fund. Overall, Koenecke indicated that the expenditures are proposed to remain relatively stable. PAGE I of 10 f . t ^ MINUTES OF THE ORONO CITY COL^NCIL MEETING Monday, October 25,2004 7:00 o’clock p.m. (3. Sally Koencckc, Lake Minnetonka Communications Commission (LMCC), Continued) White questioned what the LMCC viewed as its heaviest usage. Kocneckc stated that the broadcast of City Council meetings are favorites, and pointed out that the LMCD will begin broadcasting their meetings soon. Murphy asked how or whether Mediacom’s business has been affected by satellite. Koenecke replied that, although Mediacom has filed for effective competition, they have not been able to claim that yet. Sansevere asked whether the 4.3% increase was in line with past budgets. Koenecke stated that the proposed increase is less than in past years. Moorsc noted that a cable company often files for effective competition in an effort to get out from under local cable regulations. Sansevere moved. White seconded, to approve the Lake Minnetonka Communications Commission 2005 budget. VOTE: Ayes 5, Nays 0 APPROVAL OF MINUTES *4. Regular Council Meeting of October 11, 2004 White moved, Murphy seconded, to approve the Minutes of October 11,2004, as submitted. VOTE: Ayes 5, Nays 0. PARK COMMISSION COMMENTS - Pat Wolfe Park Commissioner Wolfe advised the Council that they would not be holding a regular meeting until November 29,2004. Sansevere encouraged the Commission to give consideration to appointing a new Chair for the Commission, since McDermott’s term limit will be met this year. Wolfe indicated that he would consult the Commission and report back at the December Council meeting. PLANNING COM>nSSION COM.MENTS - Ralph Kempf Kempf stated that he had nothing to report, but would remain for questions. PI BLIC COMMENTS None PAGE 2 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 25,2004 7:00 o’clock p.m. ZONING ADMINISTRATOR'S REPORT 5. #04-3007 HAROLD AND MILDRED BOWER, 1925 LAKEVIEW TERRACE - VARIANCE - RESOLUTION NO. 5237 AND ORDINANCE NO. 20,3'" SERIES Murphy questioned how the application would have been effected if the applicant was required to adhere to the new wetland ordinance, as opposed to the 10 conditions now laid out in the staff recommendations. Gaffron e.xplained that the applicant had Hied his application prior to the new wetland ordinance and to the moratorium on wetland applications. He stated that it would be staffs perspective that the applicant has met the past wetland ordinance requirements for a 26 ’ wetland buffer setback While the applicant might have been granted more flexibility had the application been evaluated upon the new ordinance, which requires a IS' buffer, it would be staffs conclusion that a home could be built without affecting wetlands or drainage on the propert>'. Gaffron noted that the applicant had requested that condition #10 requiring an easement around the ditch for ponding be revised. Bower explained that, in his opinion, the easement requirement for a 35’ wide by 168’ long ditch or pond put substantial hardship upon his request. He pointed out that the engineer’s report indicates ponding would benefit those to the north, though an additional pond to the north would be required at a later date, and thus minimi/e his use of his lot now. Gaffron stated that, according to the stormwater management report, a proposed pond would be built at the north cast comer of County Road 6. Gaffron admitted that the pond might not be a requirement if other tradeoffs could be achieved to help with filtration, such as a natural buffer strip. Mayor Peterson asked whether item #10 could be removed from staffs perspective. Gaffron indicated that the requirement could be removed in lieu of a condition requiring that a natural 5-10’ bufier strip either side of the ditch remain. Bower felt this was a reasonable request. Murphy indicated that he was not in favor of losing trees in order to create a larger pond or ditch on this property, if the property owner was in favor of maintaining a natural buffev area to the ditch. Murphy moved, McMillan seconded, to adopt ORDINANCE NO. 20, Third Series Approving an Amendment of the Orono Wetland Inventory and Classification .Map. VOTE: Ayes 5, Nays 0. Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5237, a Resolution approving a lot area variances subject to the nine conditions identified in the staff report dated October 21, 2004, and that a 5’ natural buffer be maintained on both sides of the ditch. VOTE: Ayes 5, Nays 0 The applicant mentioned that he was intending to sell the lot. PAGE 3 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 25,2004 7:00 o ’clock p.m. (5. #04-3007 HAROLD AND MILDRED BOWER, 1925 LAKE VIEW TERRACE, Continued) Murphy questioned how this would impact the future development cf the lot or whether a covenant could be attached to the sale. Attorney Barrett stated that the Resolution would be filed with the deed for the land. 6. #04-3024 ZONING AMENDMENT - PERMIT FOR LARGE V EHICLES McMillan complimented staff and the Planning Commission for coming up with a solution to this problem. Gaffron read item ‘g’, a condition added to Zoning Section 78-1577 and its accompanying requirements as the proposed amendment and asked for comment. Mrs. Timm asked for further explanation of item T requiring that, in a shared driveway situation, an agreement be signed by all current driveway users be placed on file with the City. Sansevere questioned why an additional agreement would be required of users, since an agreement for easements already exists. lie suggested that item ‘f be removed. Gaffron questioned whether an additional agreement granting this use was necessary. Attorney Barrett slated that the City should avoid, as it has attempted to do in this amendment, taking sides on private land use issues. He voiced concern regarding City involvement, where there is an casement, and cautioned the City of including item T. He stated that, in situations where shared driveways would otherwise allow access, the casement agreement should remain as it is, and the burden to prove othenvise would be upon the other applicant. Sansevere maintained that a resident in a shared driveway situation should be allowed to use the driveway, period. There have never been conditions put upon the casement when people have set up shared driveway agreements in the past. Murphy moved. White seconded, to direct staff to bring Zoning Code Amendment Section 78-1577 (C)2a - Large Vehicle Storage Permit - Ordinance No. back for formal approval on November 8,2004, revising item T to reflect a demonstration that a shared driveway agreement exists. VOTE: Ayes 5, Nays 0. 7. #04-3048 STEVEN AND KATHLEN PERSIAN, 1005 HUNT FAR.M ROAD - VARIANCES -RESOLUTION NO. 5238 Gaffron reported that, w hilc the applicant had revised his proposal to limit the building to the allowed 1,200 s.f. area, he still requests the variance to locate the building closer to the street or front lot line than the principal residence. Gaffron noted that staff would recommend adoption of the resolution which documents the original and revised proposals, and approves the proposed variance. He {rointcd out that addition on page 3 of 6 of the resolution under item »2, w hich denotes 'Prior to issuance of a building permit, the applicant must submit an opinion letter from his attorney on whether the property owner has the legal right to construct the proposed accessory PAGE 4 of 10 i MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 25, 2004 7:00 o’clock p.ni. (7. #04-3048 STEVEN AND KATHLEN PERSIAN, 1005 HUNT FARM ROAD, Continued) building, or, an acceptance letter from the home owmcr’s association would be acceptable in place of the attorney's opinion’. Steve Persian stated that he had delivered all of the necessary information to the home owner’s association architectural committee and distributed a survey among the homeowners in a timely fashion; however, had not received an opinion at this time. Sansevere asked if the Council could move forward subject to the letter from the homeowner’s association or attorney. Gaffron stated this could be handled at the staff level. Dave Wilson, of the homeowner’s association, indicated that they had not had adequate time to review the application over the past 1-2 weeks and would need time to evaluate the request. Although the association could continue its current line of action. Attorney Barrett stated that if the homeowners association did no^ concur with the request, the applicant could get an attorney to review the request and the association by-law s. Persian pointed out that the application process had already taken 7 months, noting that the Orono building application signage had been posted for over 7 weeks. He cid not feel the Council should intervene in the association covenants, but wished to have this portion of the application approved. Wilson stated that the by-laws allow the association 30 days to review the application and requested that the City Council allow the association to complete its process before adopting its resolution. Sanse\ ere interjected that he did not feel the applicant w as trying to supercede any association review; however, would prefer fewer delays. Persian stated that he had not asked any attorneys for their opinions on the matter and reiterated that he has attempted to be very timely in his deliveries. Barrett suggested that the City Council adopt its resolution, while the association is free to continue its evaluation process with or without City involvement. Sansevere moved, Murphy seconded, to adopt RESOLUTION NO. 5238, a Resolution granting a variance to allow an accessory building to be located closer to the street or front lot line than the principal structure for 1005 Hunt Farm Road. VOTE: Ayes 4, Nays 1 - Mayor Peterson dissenting. Mayor Peterson acknow ledged that more time might ha%e been suitable. McMillan stated that she was mure comfortable w ith application w ith the addition of the new wording. PAGE 5 of to MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 25,2004 7:00 o ’clock p.m. 8. #04-3052 ERIC VOGSTROM, 2618 CASCO POINT ROAD - VARIANCES Mayor Peterson moved, Sanseverc seconded, to table the application for Eric Vogstrom, 2618 Casco Point Road, at the applicant’s request. VOTE: Ayes 5, Nays 0. *9. #04-3053 BART AND BETSY BUTZER/AULIK DESIGN GROl P, 2625 NORTH SHORE DRIVE - VARIANCE - RESOLUTION NO. 5239 White moved, Murphy seconded, to adopt RESOLUTION NO. 5239, a resolution granting a lake setback variance for 2625 North Shore Drive. VOTE: Ayes 5, Nays 0. 10. #04-3055 DR. MARTHA SPENCER, 1005 WILLOW DRIVE SOUTH - VARIANCES Cunis explained that the applicant was requesting a hardcover variance within the 0-75’ setback in order to construct a ga/ebo and install paved walking paths, and a lake setback variance to construct the gazebo 22’ from the OHWL where a 150’ setback is required and a 45’ setback currently exists. Although the applicant was granted a 0-75’ setback variance in the summer of 2004 to convert concrete patios to decks within the 150’ structure setback from the OlIVVL of French Lake, Curtis noted that it is the applicant’s assertion that this additional request was to have a been a part of that original application. Curtis stated that staff concurred with the Planning Commission ’s unanimous recommendation for denial of the hardcover and setback variances based on lack of sufficient hardship. Sansevere asked whether there was hardship for the initial variance request. Gaffron noted that there was hardship for the previous application; however, none exist for this application. Mark Ritter, applicant’s representative, stated that it was their intent to make the backyard usable and safer. Dr. Spencer pointed out that these items were inadvertently left out of the previous application and noted that the earlier application actually decreased hardcover. She indicated that it was dilTicult to maneuver the property due to her physical limitations, as well as. acknow ledged the desire to view- more of the yard and stay aw-ay from mosquitoes. Murphy stated that the Council could not grant hardship to correct a building error not communicated to the city by a previous contractor. He stated th.’!, ir. fact, the applicant would have had a difficult time getting fnis request approved this summer also had it been included. Ritter asked the City Attorney if any ‘grandfathering’ was applicable to this property since it existed prior to the Shoreland Ordinances. Barrett stated that it is w ithin the City’s ability to grant variances to the shoreline ordinance. Gaffron stated that many legal nonconforming properties were created by shoreline ordinance; however, while they exist as legal nonconforming structures, additions to those nonconformances are subject to new ordinance. P.\GE6of 10 •i MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 25,2004 7:00 o’clock p.m. (10. II04-30S5 DR. MARTHA SPENCER, 1005 WILLOW DRIVE SOUTH, Continued) Sansevere maintained that, if the applicant could demonstrate to the Council that there was a hardship, the Council could support the application. Ritter argued that the backyard was functional prior to the shorcland ordinance. Mayor Peterson suggested that applicant consider screening in portions of the deck and patios. Dr. Spencer stated that she had been giving consideration to enclosing a portion of the decks, but asked whether the removal of hardcover had any impact on their decision. She noted that it would be legal for her to construct a walkway to the waters edge. Mayor Peterson reiterated that the screening would be the most likely alternative and asked whether the application should be tabled or withdrawn. Dr. Spencer requested tabling the application. Murphy moved. Mayor Peterson seconded, to table Application tt0430S5, Mark Ritter on behalf of Dr. Martha Spencer - 1005 Willow Drive South, at the applicant’s request. VOTE: Ayes 5, Nays 0. *11. #04-3059 JAMES RENDER, 1335 TONKAWA ROAD - CONDITIONAL USE PER.M1T- RESOLUTION NO. 5240 White moved, Murphy seconded, to adopt RESOLUTION NO. 5240, a Resolution granting a CUP for the proposed cupola for the property at 1335 Tonkawa Road. VOTE: Aves 5, Navs 0. * 12. STONEBAY PI D - REQUEST FOR RPUD FLE.' 'BILITV - LOT 6, BLOCK 1 - RESOLUTION NO. 5241 White moved, Murphy seconded, to adopt Resolution No. 5241 approving a minor amendment to Resolution No 4915 to allow the proposed encroachments, finding that the proposed encroachments could be allowed under PUD flesibility rather than via the formal variance process, and that the proposed encroachments liave no visual or other negative impacts on this development or on neighboring properties. VOTE: Ayes 5, Nays 0. MA\ OR/Cm' COUNCIL REPORT 13. PROCLAMATION - HOUSING WEEK Mayor Peterson moved, .Murphy seconded, to table the Resolution for further discussion at the November 4'\ 2004 work session. VOTE: Aves 5, Navs 0 PAGE 7 of 10 r p>- MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 25,2004 7:00 o’clock p.m. *14. RECOGNITION OF MAGGIE KNUTSON’S MILKEN NATIONAL EDUCATOR AWARD - RESOLUTION NO. 5242 Council members suggested that Knutson be invited to a Council meeting to receive her Resolution for recognition in person, or she be presented the resolution during a school board meeting, or in her classroom during school. White moved, Murphy seconded, to adopt RESOLUTION NO. 5242, a Resolution recognizing Maggie Knutson for earning the .Milken National Educator Award. VOTE: Ayes 5, Nays 0. Murphy asked for a status report on the Long Lake golf green case. Moorse stated that a tree plan was presented to Mr. DeMuth, a Long Lake subdivision property owner who removed most the trees and vegetation from his property, and he believed they were close to resolving the issues. Murphy suggested the City keep the Orono Oaks neighborhood in the loop, since neighbors were being called by DeMuth's insurance company and estimating the costs at $2,000 worth of plantings. He believed it important to get the neighborhood to sign off on the proposal, since they would prefer plantings as opposed to a check. Barrett stated that it seems consistent for the city to head down this path of action. Moorse pointed out that the City is not re.sponsiblc to maintain that area and does not want a check or to be involved in the process, but would like to see an agreement in writing between the parties. PUBLIC SERVICE DIRECTOR’S REPORT 1 5. STONEBAY DEVELOPMENT - STORMWATER TRUNK FEE REIMBURSEMENT Gappa explained that a trunk fee reimbursement of SI 48,109 for the regional pond excess construction costs was previously approved. Since that time the developer has submitted information on the costs for the installation of the new regional pond outlet pipe under Highway 12. After reviewing these costs, Gappa stated that stafT recommends a stonnw ater trunk fee credit in the amount of $39,919 for the outlet pipe. He indicated that these two fee reimbursements satisfy all of the requirements of the developer’s agreement for stomtwater trunk fee credits. While they appreciated the reimbursement, Steve Johnston, Dahlstrom Development representative, stated that they disagree with the definition of reimbursement, as a credit against future trunk fees and not true reimbursement. Barrett stated that he would like to look into the agreement furtlier before rendering an opinion. PAGE 8 of 10 BfiUtttyHi MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 25, 2004 7:00 o ’clock p.m. (15. STONEBAY DEVELOPMENT - STORMWATER TRUNK FEE REIMBURSEMENT, Continued) Gappa Slated that the agreement merely says reimbursement, and, since it was Dahlstrom who requested phasing, the reimbursements will be made via credits. Johnston stated that, since reimbursements do no constitute real money, they would tequest guaranteed stormwater trunk fees. While Murphy complimented Johnston on the overall development and pond project, he questioned whether it is impacting the drainage problems faced by Morric ’s on the other side of Highway 12. Engineer Kellogg stated that he was unaware any remaining problems existed, after reviewing and cleaning out the ditch a month ago. Murphy commented that he hoped the situation had been resolved. Joluiston pointed out that, right now, the water and drainage flow is about as high as it will ever be, since the sod and vegetation have not yet been installed. Murphy moved. While seconded, to approve a Stormwater Trunk Fee reimbursement of $39,919 to Dahlstrom Development, for the regional pond outlet pipe costs, to be funded from the Stormwater Utility Fund and approval of a budget adjustment for the 2004 Stormwater Utility Fund Budget to reflect this expenditure, subject to the City Attorney review of the definition of reimbursement. VOTE: Ayes 5, Nays 0. Murphy moved, White seconded, to approve a Stormwater Trunk Fee credit of $103,788 to Dahlstrom Development, to offset Stormwater Trunk Fees due for future phases of the StoneBay Development project. VOTE: Ayes 5, Nays 0. *16. ACCEPT QUOTATIONS - CASCO COVE DRAINAGE PROJECT White moved, Murphy seconded, to accept the quotation for the Casco Cove Drainage project from KJ .Mayers Inc., Corcoran .Minnesota, in the amount of $24^75 to be funded from the 2004 Stormwater Utility Fund Budget with approval of a budget adjustment to reflect this expenditure. VOTE: Ayes 5, Na>s 0. * 17. ADOPT ASSESSMENT ROLL - WEST FAR.M ROAD (IIO.MESTEAD) SEW ER PROJECT - RESOLUTION NO. 5243 White moved, Murphy seconded, to approve RESOLUTIO.N NO. 5243, a Resolution adopting the proposed assessment for the West Farm (Homestead) Sanitary Sewer Project. VOTE: Aves 5, Navs 0. PAGE 9 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 25,2004 7:00 o’clock p.m. *18. ADOPT ASSESSMENT ROLL - GARDEN COURT SEWER PROJECT - RESOLUTION NO. 5244 While moved, Murphy seconded, to adopt RESOLUTION NO. 5244, a Resolution adopting the 1220 Garden Court Sanitary Sewer Extension assessment roll. VOTE: Ayes S, Nays 0. CITY ADMINISTRATOR’S REPORT *19. ESTABLISH DATE AND TIME FOR CANVASSING BOARD MEETING White moved, Murphy seconded, to establish Thursday, November 4,2004, at 5:45 P.M. for the 2004 Canvassing Board Meeting. VOTE: Ayes 5, Nays 0. CITY ATTORNEY’S REPORT Attorney Barrett had nothing to report. *20. LICENSES There were no licenses. *21. BILLS White, Murphy seconded to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. ADJOURNMENT Murphy moved, Sanscvcrc seconded, to adjourn the Orono City Council M,.etiug of October 25,2004 at 8:54 P.M. VOTE: Ayes 4, Nays 0. ATTEST: Linda S. Vee, City Clerk Barbara Peterson, Mayor PAGE 10 of 10 1 iMmi NOV 8 2004 MINUTES OF THE CANVASSING BOARD MEETING ^ OHO imO HELD NOVEMBER 4,2004 AT 5:45 P.M. ROLL The Council met as the Canvassing Board on the above date and time in the Orono Council Chambers. The following members were p“esent: Mayor Barbara Peterson, Council Members Lili McMillan, Jim Murphy, Bob Sanseverc and Jim White. The following represented City staff: City Administrator Ron Moorse and City Clerk Lin Vec. Mayor Peterson called the meeting to order at 5:55 p.m. Council members were given results of the November 2, 2004 General Election. Council Member Murphy n.oved, Council Member Sansevere seconded, to declare Barbara Peterson as Mayor for a 2*year term beginning in January 3,2005, to declare Lili McMillan and Jim White as Council Members for 4-year terms beginning January 3, 2005, and to certify tlie results of the November 2, 2004 municipal election as follows: Mayor - Elect one for 2-year tenii Barbara Peterson Write-in receiving 3,536 votes receiving 84 votes Council Members - Elect two for 4-year terms Lili McMillan Jim White Walter J. Koronkiewicz Write-in receiving 2,636 votes receiving 2,184 votes receiving 1,126 votes receiving 39 votes Vote: 5 ayes, 0 nays. ADJOURNMENT Council Member McMillan moved, Council Member Murphy seconded, to adjourn the Canvassing Board at 5:56 p.m. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Page 1 of 1 G) uaiu.. AGENDA FOR COUNCIL MEETING SET FOR MONDAY. NOVEMBER 8,2004,7:00 P.M. ORONO COUNCIL CHAMBERS. 2780 KELLEY PARKWAY, ORONO, MINNESOTA (*) Asiensk items are considered to be routine items to be enacted upon by one motion by the City Coun under the Consent Item* on the agenda. Memos regarding each of the Agenda items are available in the Pub Packet • located on the counter near tl;c sign in sheet. «M^ii aurrcTlMQ NOV 8 2004 ClIYUHOHONO ROLL CALL CONSENT AGENDA * 1. Approve/Amend RECOGNITION PRESENTATION 2 Sergeant Sthpes to James Comick approval of minutes • 3. Regular Council Meeting ofOclober 25,2004 • 4. Special Council Meeting ofthc Canvassing Board ofNovcmbcr 4,2004 PARK COMMISSION COMMENTS Ncit mccCiog scheduled for November 29, 2004. PLANNING COMMISSION COMMENTS - J Marc Fritzlcr, Representative PUBLIC COMMENTS - aimit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT Bryson and Johnson. 050>660-670 CS0 Big Island - Subdivision of a Lot L Rearrangement - Extend Approval - Resolution City of Oro»no. Large Vehicle Storage Pennit - Ordinance Eric Vogstrem, 2618 Casco Point Road - Variances Jon and Gail Blackstone. 4475 Forest Lake Landing - Variances - Resolution Dr. Martha Spcnccr, 1005 Willow Dnvc South - Variances Timothy Zwart, 3970 Nortli Shore Dnve - Variances - Resolution Bill and Robin Grierson, 1989 Fagenicss Point Road - Variances - Resolution WJM Properties LLC, 26C5 Wayzata Blvd. > Amend Conditional Use Permi Resolution Nina Wildnian, 745 Spring Hill Road - f :nal Plat - Resolution Theodore L. Capra, 3534 Ivy Place - Variances - Rcsclu’Jon PUBLIC SERVICE DIRECTOR'S REPORT CITY ADMINISTRATOR’S REPORT 15. Accept Donation from BRA 16. Consideration of Refunding of 1997 Sewer Bends 17. 2005 Non-union Compensation Adjustments 18. Appointment of Anthony White to Full Time OfTiccf CITY ATTORNEY'S REPORT • 19. LICENSES ♦ 20. BILLS UPCONDNC ISSUES AND EVENTS 2004 1 IA)8 - Council Meeting, 7:00 p m. 1 l/ll - HOLIDAY, Observar.ee of Veterans Day, Tfmrsday 11/15 - Planning Comroission Meeting, 6 00 p m (Council Liaison •Lih SfcMUlan) 1 PI8 - Council Work Session. Thursday, 5 .45 p.m. 11/22 - Council Meeting. 7:00 p m 11/25 - HOLIDAY, Observance of Thanksgiving Day 11/26 - HOLD AY, Observance of Thankigiving Day 11/29 - Park Commission Meeting, 7:15 p m (Coimcil Liaison - Mayar Pattrson) 0 • 5.M2461 /6.k04.3024 7.^<04-3052 8.W04O054 9.«04-3055 10.^04-3058 11.#04-306! 12.#04-3063 13.#04-2961 14.#04-3010 ,y 5UYOR/COUN( k 4l REQUEST FOR COUNCIL ACTION Date: November 4, 2004 Item No.: J) Department Approval: Administrator Approval: Agenda Section: » ,ctrTirgG 82004 Item Description: #2461 William and Thelma Bryson & James A. R. Johnson O hono 650-660-670-680 Big Island - Subdivi:,ion of a Lot Line Rean angement - Extension of Effective Period of Approval Zoning District: RS - Recreational Seasonal District List of Exhibits A Extension Resolution B Letterof Request 10-26-04 C Memo and Exhibits of March 28, 2002 Application Summary: Applicants request extension of the lot line rearrangement approval granted April 22,2002, which expired in April 2003. The approval allowed 4 ‘Record Lots’ on Big Island to be divided and combined to result in just 2 final lots. Staff Recommendation: Staff recommends approval of an extension of the effective period of subdivision approval to April 22, 2005. Please review the exhibits. Tire reason for the requested extension is that the subdivision was never filed with the County, because the applicants encountered title issues which have only recently been resolved (See Exhibit B). Our standard boilerplate language required that tltis subdivision be filed with the County by October 22,2002. This application was seen by staff as a win-w in for the applicants and the City, as it results in new lots that :ire more confonning in size than the prior layout. The City Attorney has indicated that while no hearing is required to extend the approval, formal Council action is necessary. Staff Recommendation Staff recommends approval of an extension of the effective period of subdivision approval to April 22, 2005 per the attached resolution. COUNCIL ACTION REQUESTED Adopt or amend the attached resolution. A RESOLUTION GRANTING AN AMENDMENT TO RESOLUTION NO. 4794 FILE NO. 2461 WHEREAS, on April 22.2002, the City Council of the City of Orono (the “City”) adopted Resolution No. 4794 granting approval for a subdivision of a lot line rean angement for properties on Big Island owned by William Bryson and Thelma Bryson and James A. R. Jolinson (collectively ‘the applicants ’); and WHEREAS. Resolution No. 4794 required that the applicants complete filing of the lot line rearrangement with Hennepin County no later than October 22,2002; and WHEREAS, the applicants were unable to file the subdivision of a lot line rearrangement within the timeframe allotted due to title issues, which have just recently been resolved; and WHEREAS, the Applicants have requested an extension of the effective period of subdivision approval in order that the lot line reaiTangcincnt may now be filed; and WHEREAS, the City Council finds that the findings and conditions of Resolution No. 4794 arc still valid and appropriate. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orono, Minnesota, as follows: 1. Conditions 5 and 7 of Resolution No. 4794 are hereby amended to allow filing of the lot line rearrangement with the Hennepin County Recorders Office or Registrar of Titles Office on or before April 22,2005. 2. All otlier terms and conditions of Resolution #4794 are hereby rcaffimied. Page I of 2 ! L Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 8th day of November, 2004, ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 8th day of November, 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instalment 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 2 of 2 OCT 27 2004 12:19 PM FR HINSHRUCULBERTS0NLLP334 8988 TO 14B1O70483958952 P.01 HIMSHAW & C 'J L 2 L R T S C f4 L L ? October 27, 2004 FACSIMILE TRANSMISSION ATTOmtlVSATUWr CwnpMI Milhun To«i«f 222 South Nhth Slre«i Suite 3100 Minnaacoiis,MNSS402 F612>334-8ee6 wwwitinshawl8w.com TO: Ronald J. Moorse COMPANY: City of Orono FAX NO,:PHONE NO, 952-249-4616 952-249-4601 FROM:Rolfe A, Worden USER ID:4715 MATTER NAME: Orono MATTER NO.: 7Sl03 1 NO. OF PAGES (iBCittding this Cover):SENDING OPERATOR: RETURN TO: (other than above)Rolfe IS Sent by Office Services: 612-334-2721 □ Sent by Rolfe 612-334-2516 COMMENTS, IF ANY:RE: Johnson & Bryson Big Island Lot Line Rearrangement See attached. Please review and give me a call at 334-2516 Rolfe cc: Thomas J. Barrett (w/alt.) HARD COPY: Q Will follow by mail Q Will follow by overnight mail Q Will not follow Uyou do not rcctivt the number of poget listed above, please caS 612434-2S16. Tbe docunents that accompany this (auimiie contain conAdcntial and privileged informtioii and arc intended solely for tlie nse of the individual or entity to whom this tinnsmission is directed. Any disclosure of the informadoo herela is unauthoriaed and strictly prohibited. If you are not the intended recipient of this fa^mile, please respond by facshnllc to the niimbcr above or call the sending operator at onr espensc Immediately so that we may arrange for tbe return of this document to us nl no cost to you. Tbsnk you. Hiashaw A Culbeition tXI* is an Illinois reglstfrcd limited liability partnership that has elected to be governed by the Dlinois Ueifonn rartnership Act (19^ OCT 27 2004 12:19 PM FR H1NSHRUCULBERTS0NLLP334 8888 TO 1461 a7048395B952 P. 02 JOHN M. PIERSON CHRISTOPHER J PIERSON Pierson & Pierson PROiTisioNAL uMcreo LiAuiLrrv PAimirRsiiir ATTOftNCVS AT LAW losj East wayzata bouuvard SUITE 303 wayzata . MLNNE.SOTA SS391 October 26,2004 TELEPHONE WD 473-1400 FACSIMILE (y.s:) 473.(NhO Mr. Rolfe A. Worden Hinshaw & Culbertson 222 South Ninth Street Suite 3100 Minneapolis, MN 55402 Rc: City of OronoJohnson & Biyson Big Island Lot Line Rearrangement Lots 3,4, 5,6,7, 8, PLEASANT VIEW AT LAKE MINNETONKA (Big Island) Dear Mr. Worden: As we discussed on the phone a couple weeks ago and again yesterday morning, our firm represents the above-referenced property owners in connection with their proposed lot line rearrangement on Big Island. Since you can’t locate a file on the matter iij your office, let me review its histoiy and present status. I have enclosed copies of the following: 1. City of Orono City Council Resolution No. 4794 (faxed from Paul Weinberger); 2. 3/28/02 Request For Council Action (which contains the record of previous proceedings on the matter); 3. McCombs Frank Roos Associates, Inc. Survey dated 4/17/02. William and Tlielma Bryson own Lots 3 and 4, Pleasant View At Lake Minnetonka. James A. R. Johnson owns (but see below) Lots 7 and 8. In 1998 they jointly purchased Lots S and 6 located between their parcels, and hold that p.nrccl as tenants in common - ‘/i Brysons,'/» Johnson. Their ultimate plan was to rearrange the lot lines such tliat Brysons would own Lots 3-5 and Mr. Johnson lots 6-8. The plan was consistent with the City of Orono’s overall goal of lowering densities on the island. The Planning Commission approved the lot line rearrangement March 15,1999. Howe\'cr, the City Council tabled the application at its April 12,1999 mcetiug. The reason was tliat the cabin that was on the center parcel would have been too close to the new lot line to comply with the State Fire Code, which required a 3-foot setback. (Please note that the tabling was due to a Fire Code issue on an island where there is virtually no ability to fight fires, and there would be no change on the ground - just movement of a line on a map.) By March of 2002, tlie Brysons and Mr. Johnson had removed the cabin on the center parcel. The matter went back to the City Council on April 8.2002 and was passed (I believe unanimously) subject to conditions and preparation of various documents, including title opinions for the properties. OCT 27 2004 12:20 PM FR HINSHflUCULBERTS0NLLP334 8808 TO 146Itt7049395tt952 P,03 In preparing the title opinions it was discovered that the Johnson parcel, Lots 7 and 8, was actually owned not just by Mr. Johnson, but by him (half interest) as tenant in common with his 5 children (one tenth interest each.) Mr. Johnson had deeded one half the property to his children in connection with some estate planning done a number of years earlier. So, the Brysons and Mr. Johnson and bis five adult children (and their spouses) would like now to complete the lot line rearrangement. In reviewing the approving Resolution it appears the items listed below are required. With each 1 pve a brief status report. a. b. d. e. f. 8- Title Opinions - done in December * 02 - will update. Certified copies of all recorded easements - there is just one -1 will obtain a certified copy. 3 copies of a Certificate of Survey - the enclosed survey is being updated by MFRA to, among other things, add the names of Ae additional owners of Lots 7 and 8 - Mr. Johnson's 5 children and dteir spouses. I would like your t^proval in advance of the certification on the survey so we only have to execute this once. Agreement to Extinguish Easement • a draft is enclosed. 2 Quit Claim Deeds - drafts are enclosed • Lot S to Brysons - Lot 6 to J. Johnson. J. Johnson Quit Claun Deed of Lot 6 to bis children - establishes common ownership of Lots 6*8. 2 Drainage And Utility Easements - - Brysons grant Lots 3*5 easement • Johnson, et al, grant Lots 6*8 easement. Please call me after you have had an opportunity to review these materials. We would like to complete the lot line rearrangement soon. I have previously been assured (albeit by persons no longer whh the City) that we will not have to go to the Council again even with tiie lapse of time. 1 look forward to hearing from you. istopher J. PU enc. cc:William & Thelma Bryson James A. R. Johiuon rr, 1 MINUTES OF THE ORONO CITY COUNCIL MEETLNG Monday, April 22, 2002 7:00 o’clock p.m. (Park Commission Comments, Continued) Use stated the drinking fountain and concrete pad for the portable restroom for the Navarre Park and sidewalk in this area should be installed this year. Use inquired whether those three projects would occur around the same time. Gappa stated the City is still waiting for approval on the state aid for the sidewalk. PLANNING COMMISSION COMMENTS - Dave Rahn, Representative Rahn stated he would be present for questions tonight. PUBLIC COMMENTS None ----ZONING ADMINISTRATOR’S REPORT \ *(#t3) #2461 WILLIAM AND THELMA BRYSON, AND JAMES A. R. JOHNSON, 650, 660, 670 AND 680 BIG ISLAND - SUBDIVISION OF A LOT LINE REARRANGEMENT - RESOLUTION NO. 4794 Flint moved. White seconded, to approve and adopt RESOLUTION NO. 4794, a Resolution Approving a Subdivision of a Lot Line Rearrangement for Properties Located at 650,660, 670 and 680 Big Island. VOTE: Ayes 4, Nays 0. (#4) #02-2740 JEFFRY AND NANCY TWIDWELL, 1865 CONCORDIA STREET - VARIANCES - RESOLUTION NO. 4792 Nancy Twidwell, Applicant, and Jeff Switzer, Architect, were present. Gaffron stated this was on the April 8* Council meeting where the Council approved the hardcover variance. Gaffron noted there is a typographical error in the resolution, with some changes needing to be made on the resolution. Gaffron indicated the final width of the driveway would be 14 feet. Gaffron stated there is a revised version of the resolution before the Council, noting that the resolution was revised to reflect that 120 square feet of deck structure would be removed, leaving 132 square feet of stairway in the 0-75’ setback. Gaffron stated condition number tlvee was added to the resolution relating to the maple trees, which requires that if any one of the trees dies within the f.rst five years of this project that the tree be replaced. Gaffron indicated this condition was added because the trees were claimed to be a hardship. PAGE 2 request for council action DATE: March 28, 2002 ITEM NO.: O Department Approval: Name Paul Weinberger Title Zoning Administrator Administrator Reviewed:AgcmI.'t Section: Zonine Item Description: Zoning District: List of Exhibits #2461 William and Thelma Bryson James A. R. Johnson 6S0-660-670-680 Big Island Big Island • Recreational Seasonal District A Resolution B Big Island Map C Plat Map/Existing Property Layout D New Property Layout E Draft Drainage and Utility Easement Document F Planning Commission Minutes (March 15. 1999) G City Council Minutes (April 12. 1999) Application Review I he property owners have requested a lot line rearrangement to permit four existing lesidential lots on Big Island, with a total of 2 cabins, to be combined to create two residential lots This application was Inst reviewed by the City Council on June 12. 1999. The application was tabled at that time due to an issue rel.atingto the location of one of the cabins only 1,5’ from the new proposed property line. At issue was the State ofMinncsotaUuildingCode requirement that buildings with openings (such as window sand doorways) can not be located closer than 3 ’ to a property line. Further, all walls exposed to the propetly line are also required to be fire resistant. The purpose is to eliminate the potential for fires from spreading from one propetly to another. The propeily owners had suggested they enter into an agreement with the City of Orono that they would agree to remove the cabin within 30 months from the approx al of the lot line rearrangement. The C ity chose not to enter into the agreement because of the difficultly the City may have with requiring the cabin to be removed if it were still on the property after the 30 month time pet iod expires. Rather than entering into an agreement the City and applicant had placed the approval on Itold until some time after the cabin was removed. The property owners have notified the City that the cabin has -ecently been removed and they wish to complete the lot line rearrangement. «246l William and Thelma Bryson and James A. R. Johnson March 28.2002 Page 2 of 2 ____________—--------------- Big Island Lot Designations Tl« proposed 8,.bdivisio,*ombma.tonpro=e«res^ as they «re designated '"faa T^ johoL parcel will nteli.de ■/. of Record Lot 44 plus the 1,K0I porate Record Lots 66.59 a.jd ^ p„5aitti.ig a comprehensive update of Section 10.3 1:.rRfD?srrg"rdCi’U-^^^^ Staff Recommendation Staffreeomn.endsapprovalofthelotl,ne.ear,angen.e„ttoereate.woresidentiallotsfro,..thefonrevisti„g properties subject to the following conditions. I. eSSUDJCCl lilt p ■ to mine the new property descriptions, an inspection of the 660 Big Island ptoperty is rpl“edt?ent::;i e^isting'trnctnres and the stairway is removed. _II U.A trMQince it no lonsci compiciea lo cnsuit a., r>n tlic same property as the cabin they serve. 3. isrcquirco. ...-------, ' on the same property as the cabin they scrv cl,Ml have their surveyor provide legal descriptions for drainage and utility SS,s°?'Ing“ iluerior properry tine and ,0' on evrer.or propedy imes. __ • niflirt nmnertv 4. casements a niong me imvi.sp. ^ A tiiic opinion shail be contpleted and provided to the City of Otono, ptior to ftlittg the new propeny descriptions. 5. aescripuuiis. „ .. ... shall be advised ihal Ihe minimum lot size for subdivision on Big Island is 5 acres. Tim' aerTriinlmlim lot size would ptoinbil any future snbd.v.sron of tbe lots. Planning Commission Recommendation The Prnmtmg Contmtsslon tevlev^^^^^^^^^ pCng cUnlmn. A copy of March 15 “ minures arc auacbed. COUNCIL ACTION REQUESTED TO adopt the attached resolntlon apptovlng the lot line teattangentent for lohnson/Bryson to create two residential lots from the 4 existing properties A RESOLUTION APPROVING A SUBDIVISION OF A LOT LINE REARRANGEMENT FOR PROPERTIES LOCATED AT 650,660,670 AND 680 BIG ISLAND FILE NO. 2461 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono (hereinafter "City Council") has adopted subdivision regulations tor the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a subdivision of a lot line rearrangement by William Bryson and Thelma Bryson and James A. R. Jolmson (hereinafter "the subdividers") of properties legally described as: Lots 3,4. 5.6,7 and 8, Pleasant View at Lake Minnetonka (hereinafter “the properties") to be rearranged by transferring of properties new legal descriptions as: Lots 3,4 and 5 (hereinafter “Parcel A”) and Lots 6, 7 and 8 (hereinafter “Parcel B”) WHEREAS, After due published and mailed notice in accordance with Miimesota Statutes 462.358 et. scq. and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on March 15,1999, at which time all persons desiring to be heard concerning tliis application were given the opportunity to speak thereon; and WHEREAS, the City Council reviewed and tabled the request on April 12.1999 by the subdividers to rearrange the boundaries between the properties; and WHEREAS, the subdividers have completed requirements of the City for a subdivision to rearrange the property lines between the properties. Page 1 of 6 f WHEREAS, At their regular meeting held on April 8,2002, the Orono City Council considered the subdivision application of William and Thelma Bryson, and James A. R. Jolinson noting the following findings of fact: 1. The property is located within the RS district. The c.xisting lots are as follows: 3. 4. 5. Existing Address Legal Description 650 Big Island 660 Big Island Lots 7-8, Pleasant View (seasonal dwelling) Lots 5-6, Pleasant View (vacant) seasonal dwelling was removed in 2001. 670 Big Island Lot 4, Pleasant View (seasonal dwelling) 680 Big Island Lot 3, Pleasant View (vacant) to be rearranged as follows: Pronosed Address Legal Description Parcel B 650 Big Island Lots 6-7-8, Pleasant View (seasonal dwelling) Parcel A 670 Big Island Lots 3-4-5, Pleasant View (seasonal dwelling) The lots are currently 2 separate seasonal residences on four tax parcels that are to be combined and rearranged into 2 parcels. The lots meet the intent of the Comprehensive Plan of the City of Orono by not creating additional building sites. 650 Big Island (Lots 7 and 8, Pleasant View) has been legally combined into one tax parcel. The lot contains one seasonal dwelling that would remain upon completion of the proposed subdivision. With the addition of Lot 6, the property would increase Page 2 of 6 to 28,186 s.f. from 19,074 s.f. The total frontage on the lakeshore would also increase from 100 ’ to 150'. The lot does contain a non-conforming septic system due to the system being located within 3' of the water table. However, lot line rearrangements do not require conforming sites as conditions will improve as the site will grow larger, and the number of residential units in the area will decrease. 6. 670 and 680 Big Island (Lots 3 and 4, Pleasant View) are not combined. The properties do serve as one common lot. and are under common ownership. The cabin is located on Lot 4 with a shed and deck/patio areas. Lot 3 is not developed and contains the septic system for the two adjacent lots to the south. Easement.'; ha\ e been created across Lots 3 and 4 to Lots 5 and 6 for access to the septic site. The easements would nc longer be necessary when Lots 5 and 6 are split. A lot line rearrangement will place the entire septic system on one property, eliminating the need for easements and maintenance agreements. 7. 660 Big Island (Lots 5 and 6) will go away as a result of the lot line rearrangement. The property would be split leaving Lot 5 to join Lots 3 and 4, and Lot 6 to join Lots 7 and 8. 8. A single well located on Lot 6 would serve both Parcel A and B. NOW, THEREFORE, BE IT RESOLVED, that the City Council of Orono hereby approves the lot line rearrangement of the above referenced property by the subdividers as shown on the certificate of survey by Paul A. Johnson, a licensed surveyor of McCombs Frank Roos Associates, Inc., a registered Land Surveyor and Civil Engineer, dated December 10.1998. attached Exhibit "A". The approval is subject to the following conditions: 1. 3. Prior to filing the new property descriptions, an inspection of the 660 Big Island property is required to ensure all existing structures and the stairway are removed. The easement that was required for a shared septic system shall be eliminated since it no longer is required. Based on the new property line location, the drainfield and tanks would now be located on the same property as the cabin they serve. Property owners shall have their sur\ eyor provide legal descriptions for drainage and utility easements 3' along the interior property line and 10' along exterior property lines. Paec 3 of 6 4. Property owners shall be advised that the minimum lot size for subdivision on Big Island is 5 acres. The 5 acre minimum lot size would prohibit any future subdivision of the lots. 5. The aforesaid division shown on the attached Certificate of Survey shall be filed by the City of Orono with either the Hennepin County Recorder's Office or Registrar of Titles Office on or before October 22,2002 together with a certified original copy of this resolution. 6. The City of Orono shall not issue any permits for improvements to either of the new parcels prior to recording the subdivision. 7. The approval granted by this resolution shall expire if the division has not been filed by the date specified above. In that event, a new application may be required for the City of Orono review. LEGAL DOCUMENTS required: a) Title Opinions addressed to the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. b) The subdivider must provide certified copies of all recorded easements currently affecting the property. c) Tltree Copies of Certificate of Survey, with signature blocks, for filing with Hennepin County. d) Drainage and Utility Easements documents for easements 10 ’ along exterior property lines and 5' along interior property line. Page 4 of 6 Adopted by the City Council of Orono. Minnesota this 22nd day of April, 2002. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 22nd day of April. 2002 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 day ofThe foregoing instrument was acknowledged before me on this _______ , 200____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. Notarj' Public Page 5 of 6 to OP O »-D 150.00 (PIAT) 150 08 (MCAS) Lj/iliD • ___________1*'!:^'—*_________ ""-.MINNETONKA ntv«9aM ^u-oi-9S 150.00 (PUT) 150.08 (MEAS) .......... ^---------i , « V-... ‘ • \ \ \ w 3- or p* rf VETf ran ? CA>TP ■F.\CH 710 • MICHAEL Itt - aiERYL RAMSTAD HVASS iM.ROICRTBRCDCR •7Mi. WILLUM BRYSON •40. iETTYF. PRINCE SSB.JASICSA. R. JOHNSON • CLINTON KNl'DSOW uo-JcrmiYPERsaN BIG ISLAND LANDOWNERS JULY 1.1997 3=§ S3 120 AmtmdAi^n (LifMifi * Bold arc pfopc(«n»dt caSiM or e*cMf»dcaai hodtefi ,«-4V5, — 1!C0T©lnlllL ’@ §yiS©0¥0@D©l^ C ®©¥lil)SINilijilENT IL®Tt i ^IM INI ©1©TI1®INI 22 T©W[NI@III10C ■011? IS” N (I) ^ ^gr ^'' ®- Mf (2) ^ i £. IDRAFT) DR4INAGE AND UTILITIES EASEMENT THIS INDENTURE, made this day of , 20_, by and between William Brvson and Thelma Brvson. and James A. R. Johnson hereinafter refened to as "Grantor(s)", and the City of Orono, a municipal corporation, its employees, interests and assigns, hereinafter refeited to as "Grantee". WITNESS, THAT Grantor(s), in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration given by Grantee, the receipt of which is acknowledged by Grantor(s), do(es) hereby grant, bargain, sell and convey to Grantee, its successors and assigns, a perpetual easement for drainage and utility purposes, including the right to construct and maintain the same, together with the right of the public for access over, above, under and across the land located in the State of Minnesota. County of Hennepin, legally described as follows: See attached Exhibit “A” which is made part of this document. In addition to any other remedy the Grantee may have, the covenants and restrictions contained herein may be enforced by injunction. Grantor(s) covenant that they are in fee title to the above property, have a lawful right and authority to convey and grant this easement, and that the land is free from all encumbrances except: Grantor(s) have executed this document the day and year set forth above. GRANTOR(S) Page 1 of 3 * A> - i »e . .'1 U .&S i STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) This instrument was acknowledged before me this ______________, 20___, by________________ day of NOTARY PUBLIC State Deed Tax Due Hereon: This instrument was drafted by: City of Orono P.O. Box 66 Crystal Bay, MN 55323 Page 2 of 3 L. r Exhibit “A” {To be submitted by Applicant’s Surveyor] i. il Page 3 of 3 I • ORONO PLANNING COMMISSION MINUTES FOR MARCH 15,1999 (#2444 Brian and Susan Schebter. continued) Schebler stated a lot of hardcover has already been removed, with the deck being desigried to allow the water to seep into the ground. Schebter indicated he will continue to reduce hardcover on this lot wherever possible, Schroeder commented that most of what Schebler has removed has not been counted in the hardcover figures. Mrs. Schebier stated they were told they could have a deck on the property. Smith commented that it appears the Planning Commission is recommending that the deck be removed. m Mrs. Schebler stated that they could perhaps remove the rock around the house. Smith inquired whether this application should be tabled to see if additional hardcover can be removed. Schebler stated the driveway probably cannot be reduced. Lindquist commented he has a problem with using gravel as a tradeoff. Weinberger remarked there may be some confusion over the fact that there are other times when garages and decks are granted, but there is nothing in the coce that states that a garage or a deck would be granted simply because a lakeshore property is without one. Schebler remarked he would be willing to have this application tabled and meet with City Staff in an effort to reduce hardcover. There were no public comments. Schroeder moved, Smith seconded, to table Application #2444,1354 Rest Point Circle, to allow the Applicants time to reduce legitimate hardcover by a minimum of 900 square feet. VOTE: Ayes 5, Nays 0. (#6) #2461 CHRIS PIERSON, ON BEHALF OF BRYSONS/JOHNSONS, 650, 660, 670, BID ISLAND, LOT LINE REARRANGEMENT, 8:03 p.m. - 8:22 p.m. 680 Chris Pierson, on behalf of the Applicants, was present. Weinberger stated the Applicant is requesting a lot line rearamgement and lot combination for lots located at 650-660-670-680 Big Island. The lots are currently three separate seasonal residences on four tax parcels that are to be combined into two parcels. The Applicants are proposing to combine Lots 3,4 and one-half of Lot 5 to create one tax parcel on Big Island, and the center lot would be split and added to the 650 lot. Weinberger remarked the main issues to address would be the future of the existing cabin located on Lot 5. Fire Code does not allow a structure to exist this close to the property line. There are also exists some zoning code requirements which would require variances to be granted to allow a residence to be located this close to a lot line, and a conditional use permit would be necessaiv to allow a guest cabin. Currently City Code does not allow two principal residences to be located F Page? ORONO PLANNING COMMISSION MINUTES FOR MARCH 15,1999 (#2461 Chris Pierson, continued) on one lot. Weinbe^er stated this proposed lot line rearrangement would reduce density on Big Island and the eventu j removal of structure and hardcover and returning the area more to its natural appearance. mHwall* X A?n*^** ” 2“^^^ 22 ® ® shares a well located to the south, which would be P[0P®*^y should the lot line rearrangement be approved, and also shares a septic T ®PP^''®' 0^ '0‘ "ne rearrangement to create the two tax parcels vrith n?nfl«rtl!In^2^if«hlf!!2l2 parcel, and Lots 6, 7, and 8 making up the other parcel, f 'ff is *®®®*®** ® P® removed, along with the deck, stainvay. sic - 'aiK, and remo\«l of the shed, prior to the filing of the subdivision with Hennepin County. Staff is ais j requesting that title opinions be delivered to the City for Lots 3 through 8. was acquired from Betty Fisher who had requested at the time of to by Bryson Vnd J?h^^ ® sentimental reasons, which was agreed Chair Smith inquired what the use of the cabin will be should it remain on the property. K?e"e ye^'^^ intentions on utilizing the cabin and are veiling to remove it In two P?rrni2n?2l2Sl;.L22*2i “®,w ''•^® **’® ‘P® five years, but if thePlanning Commission decided otherwise, they would be willing to remove the cabin. There were no public comments. Lhidquist Indicated he would be agreeable to allowing the cabin to remain on the property for two Smith commented that the only issue with this application appears to be the cabin. not beremoved concerns regarding enforcement should the cabin Lindquist commented a bond could be required at a reasonable cost. It was the consensus of the Planning Commission to allow the cabin to remain for two and a half Page 8 ieMUiiililiaHfaiMlMlM ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12,1999 (it6) #2461 Chris Pierscn, on behalf of William and Thelma Bryson, James A. R Johnson > Continued Sansevere asked if the intent is to leave the cabin to accommodate the wishes of the previous owner. Pierson said yes, but the long-term plan is to remove the cabin. . Jabbour asked staff if a preliminary subdivision can be approved, but the mylar not signed. Banett said applicants have six months from preliminary ^proval to obtain final subdivision approval, but there is a provision for extensions. Jim Johnson, 650 Big Island, said nothing is changing from where it is right now and he questioned the need for a fire wall. Pierson said the intent is to simplify the arrangements regarding taxes, insurance, sewer, etc. He asked if the Council could approve the application subject to their agreement not to file it, which is how the Planning Commission approved it. Jabbour said that after the Planning Commission acted on this application, staff discovered the technical problem with the State Building Code. Jabbour asked if the Council could give preliminary approval and wait to issue final approval after the cabin is removed. Johnson said he is trying to settle this matter for estate planning purposes. Banett said this application is for a lot line rearrangement and there is no preliminary plat required. Jabbour suggested that the application be tabled. Johnson said he would agree to table it. Sansevere said he favors moving the lot line. Kelley moved, Flint seconded, a motion to table Application #2461,650-660-670-680 Big Island, Lot Line Rearrangement. VOTE: Ayes 4, Nays 0. Page? mtadbi ^. I NUV 8 20U4 REQUEST FOR COUNCIL ACTION Cll Y Uh (JMUNU Date; October 27, 2004 Item No.: ^ Department Approval: , ^ | Name: Michael P. Gaffion Title; Planning Director 'y * ' Administrator Approval:Agenda Section: Zoning Item Description: #t04-3024B Proposed Zoning Code Amendment: Section 78-1577(C)2a - Large Vehicle Storage Pemiit - Ordinance List of Exhibits A - Ordinance in Adoption Fonnat (Revised per Council 10/25/04) B - Draft Application Fonn Application Summary: Tliis ordinance amendment allows for continued large-velticle storage by those property owners on 2-acrc to 5-acrc lots who have previously stored such vehicles, subject to a one­ time pennit, and subject to generally the same conditions as established for lots of 5 acres or larjjer Councii Action of 10-25-04: Council voted 5-0 to direct staff to draft a final version of the ordinance for adoption, with a revision to condition 2(0 as follows: f. In a shared driveway situation, the City must-have on file an agiccuKui signed by alF uinent driveway users applicant shall demonstrate that the aroropriate easemcnt_exists. Staff Recommendation: Staff recommends approval of the proposed ordinance, subject to addressing the discussion items noted below. _______________ Items for Potential Discussion An item for discussion is whether (or to what extent) the Council wishes to be involved in the pennit review process. As written, the ordinance docs not address the review process, and it is assumed that such pemiits will be reviewed and issued by staff without Council involvement. The ordinance also docs not require any public hearing or neighbor notification. Should staff conclude that an application does not qualify for the permit, the applicant could request a hearing by the Council tlirough the administrative appeals process. The ordinance revises the fee schedule for the remainder of2004 by establishing a $30.00 permit fee to cever administrative costs. A first draft of the permit application form is attached. M04-3024B Large Vehicle Storage October 27,2004 Page 2 Please review the attached ordinance language, discuss the topics noted above, and advise staff whether any changes or revisions are required. Implementation The ordinance does not set a deadline for applying for tliis permit. Staffs intent is to identify all known e.xisting users and send them a notification that a permit is required for contmued large veliicle storage, along with the appropriate application fonns. We will likely establish a 60-day deadline for submittal. Submitted applications will be reviewed by staff to confum compliance, and pemiits will be issued. Tliose users who do not make application will be notified again after 60 days, with another 30-day grace penod. For those who do not apply, we have tlte option of taking legal action, finding them in violation of tlte veliicle storage ordinance. As an incentive to gain permit compliance, we could offer the pennits free of charge for the first 90 days, then require a $30 fee thereafter. This would require a minor change to the ordinance language. Staff Recommendation Staff recommends adoption of the attached ordinance, subject to any changes Council may wish to make. COUNCIL ACTION REQUESTED Adopt or amend the attached ordinance. ihAifBIt ORDINANCE NO., THIRD SERIES AN ORDINANCE AMENDING CHAPTER 78 OF THE ORONO MUNICIPAL CODE BY AMENDING SECTION 78-1577(C) REGARDING VEHICLE STORAGE IN “R’* DISTRICTS AND AMENDING ORDINANCE NO. 5, THIRD SERIES BY REVISING THE 2004 FEE SCHEDULE REGARDING VEHICLE STORAGE PERMITS The City Council of Orono, Mimiesota ordains as follows: SECTION 1. Municipal Zoning Code Section 78-1 577(c), is hereby deleted in its entirety, and the following language substituted in its place: “(c) Vehicle Storage. All vehicles parked or stored on any property within the City shall be operable and currently licensed. The parking of vehicles, other than recreational vehicles, in “R" districts is regulated as follows: (1) Parkingof vehicles other tlnui lecrcational vehicles, with a inaxinuun Gross Veluclc Weight (GVW) of 14,000 pounds or less is allowed in all “R" districts. (2.)Parking of vehicles in “R” districts in c.xccss of 14,000 pounds GVW has the potential to create negative impacts on the surrounding neighborhood. These impacts tnay include noise (from operation as well as maintenance of vehicle); vibration; glare; odors; soil/watcr contamination (from dripping, waslring, etc.); hazards to pedestrians byway of proximity, especially on private roads; wear and tear on local or private roads; propensity to offload remaining cargo on site at end of day; and visual incompatibility with the character of a neighborhood. Such use may be acceptable under certain conditions in zoiring districts where lot areas arc generally 2 acres or larger. Therefore, parkingof such vcliiclcs requires each of the following conditions be met; a. b. c. Property owner must be vehicle owner or operator. Vehicle must be set back 50 feet from property lines. Veliiclc must not be visible from ncigliboring properties and public streets; vegetative screening is preferred. d. e. Maintenance of said vehicle shall occur within an enclosed building. The vehicle shall not constitute a nuisance at anv time. Page 1 of 2 f. In a shared driveway situation, the applicant shall demonstrate that the appropriate easement exists. g. Minimum lot size of 5 acres. For any property at least 2 acres but less than 5 acres in area, where it can be shown that prior to the effective date of this ordinance such a vehicle was previously stored on a regular basis prior to and after January 1,2004, a Vehicle Storage pemiit may be granted if the above conditions a. tlirough f. are met, subject also to the following limitations: 1) A Vehicle Storage Permit may only be issued for properties within the RR-IB, RR-1 A. and LR-l A zoning districts. 2) Such pennit shall be granted only to the cunent property owner and only for the specific veliicle applied for. Tlie current owner may replace the vehicle in kind, but shall not add otlier such vehicles. Any replacement vehicle must be registered with the City within 30 days to transfer its permitted status. 3) This pennit shall not apply to subsequent property owners. Subsequent property owners shall not be considered as having a grandfathered pennit by virtue of their predecessor’s pennit. 4) Tliis ixrmiit shill automatically ajid pcnnanently expire i f tire vehicle storage is voluntarily discontinued for a period of one year. SECTION 2. Ordinance No. 5, Third Series adopted December 8,2003 and entitled “An Ordinance Adopting the 2004 Fee Schedule and Repealing Ordinance No. 224, Second Series”, is amended to include the following language: “Permit Type Fee Applicable Code Section Vehicle Storage Pennit S30.00 Sec. 78-1577(C) SECTION 3. This Ordinance shall be published in THE PIONEER and THE LAKER newspapers and shall be effective upon approval and publication. Adopted by the City Council of Orono on this 8th day of November, 2004 by a vote of ___ayes and ____nays. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Page 2 of 2 al. o\ w\ %Si ^ tH -'^go*>'' Form LVP-IO/04 FORCITV USE ONLY Applicabon fU«Se%^dBy: Action: Approved Oerted (reason: Zoning District (Circle One): RJl-lA RR-IB LR-IA APPLICATION FOR LARGE VEHICLE STORAGE PERMIT (For properties 2.0 acres to 4.99 acres in area) (Available only to properties in the RR-IA, RR-lB, and LR-IA Districts) Name:Phone: Address: Vehicle Type and GVW:License Plate #: Vehicle Title Held By:. Vehicle Storage Location on Property (Attach a site plan): Is the Vehicle used for a Home Occupation?___Yes (Home Occupation License also required) ___No Required Attachments (application is not complete unless all infomiation has been included); ____I, Completed and signed application fonn (This sheet). ____2. Site plan of property indicating the area(s) where tlie vehicle will be stored, indicating the distance of such storage area from your property boimdarics, showing the driveway location, and showing the location of nearby residences. Show type and location of screening. ____3. Copy of shared driveway easement document (if applicable). ____4. Evidence of prior storage prior to January 1 , 2004. ____5. Evidence of prior storage between January 1,2004 and November , 2004 ____6. Additional items as may be requested by staff. ____7. $30.00 Pennit Fee APPLICANT’S SIGNATURE. I hereby certify that the information supplied is true and correct to the best of my knowledge. Applicant’s Signature Date Return this cover sheet and all required attachments to: City of Orono, 2750 Kelley Parkway, P.O. Box 66, Crystal Bay, MN 55323 Phone 952-249-4600 Fax 952-249-4*616 Page 1 of 2 Large Vehicle Storage Permit • City Ordinance Provisions In residential districts, parking of vehicles in excess of 14,000 pounds GVW has the potential to create negative impacts on the surrounding neighborhood. These impacts may include noise (from operation as well as maintenance of vehicle); vibration; glare; odors; soil/water contamination (from dripping, washing, etc.); hazards to pedestrians by way of proximity, especially on private roads: wear and tear on local or private roads; propensity to offload remaining cargo on site at end of day; and visual incompatibility with the character of a neighborhood. Such use may be acceptable under certain conditions in zoning districts where lot areas are generally 2 acres or larger. Therefore, parking of such vehicles requires each of the following Conditions be met: a. Property owner must be vehicle owner or operator. b. Vehicle must be set back 50 feet from property lines. c. Vehicle must not be visible from neighboring properties and public streets; vegetative screening is preferred. d. Maintenance of said vehicle shall occur within an enclosed building. e. lire vehicle shall not constitute a nuisance at any time. f. In a shared driveway situation, the applicant shall demonstrate that tire appropriate easement exists. g. Minimum lot size of 5 acres. If conditions a. through g. are met, no pennit is required. For any property at least 2 acres but less than 5 acres in area, where it can be shown that prior to the effective date of this ordinance (November_, 2004) such a vehicle was previously stored on a regular basis prior to and after January 1,2004, a Vehicle Storage pennit may be granted if the above conditions a. through f. are met, subject also to the following Limitations: 1) A Vehicle Storage Permit may only be issued for properties within the RR-1B, RR-1 A, and LR- i A zoning districts. 2) Such permit shall be granted only to the cunent property owner and only for the specific vehicle applied for. The current owner may replace the vehicle in kind, but shall not add other such vehicles. Any replacement vehicle must be registered with the City within 30 days to transfer its permitted status. 3) Tlris permit shall not apply to subsequent property owners. Subsequent property owners shall not be considered as having a grandfathered pennit by virtue of their predecessor’s permit. 4) This pemrit shall automatically and permanently expire if the vehicle storage is voluntarily discontinued for a period of one year. Application Review Large Vehicle S torage Pemnits will be issued administratively upon venfication that tlie application is complete including all required supporting infonnation, and that all required conditions will be met. The application fee of S30.00 must accompany the application. No public hearing w'ill be held, and nearby property owners will not be notified. If granted, this permit will be ongoing and does not need to be renewed annually. Tins permit is subject to Conditions a. through f and Limitations 1 through 4 noted above, and may be revoked upon confirmation that the storage does not comply with the Conditions and Limitations. Page 2 of 2 MCCTIKir; Date Application Received: 08-18-04 Date Application Complete: 09-13-04 60-Day Review Period Extension Expiration: 01-13-05 NOV 6 2004 cirYOi" OKUNU REQUEST FOR COUNCIL ACTION Date: November 4,2004 Item No. ~7 Department Approval: Name: Melanie Curtis j •' /' Title: City Planner ___ Administrator Approval:Agenda Section: Item Description: #04-3052 - Eric Vogstrom - 2618 Casco Point Road - Variances Zoning District: LR-IC, One Family Lakeshote Residential,'/: acre/100’ width Lot Area: 20,561 s.f. (0.47 acres) Lot Width: 100’ measured at a line parallel to the shore & 80’ at the 75’ setback List of Exhibits: A. Notice of Council Action (Tabling) dated 10-26-04 B. Council Report of October 20.2004 C. 60-Day Review Period Extension Letter D. Tree Removal Violation Letters dated 10-14-04 & 11-03-04 E. Letter from Mr. Vogslrom’s attorney dated 10-22-04 F. Revised survey dated 10-25-04 detailing most of the trees & vegetation removed. Application Summary: This application was tabled at your October 25, 2004 meeting. Please refer to the Council Memo dated October 20,2004 (Exhibit A) for the most recently revised plans and hardcover. Planning Commission Recommendation This application was first heard by the Planning Commission on September 20" and was tabled at the applicants request in order to reduce the level of hardcover variance requested. On October 18, 2004, Planning Commission voted 5-2 (Bremer and Rahn cast dissenting votes) to recommend denial of the hardcover and setback variances based on lack of sufficient hardship. The two dissenting voters would have offered tlic applicant a tabling to allow him time to provide a further revised plan. Planning Staff Recommendation The applicant has proposed to Council a plan with further hardcover reductions but still requiring variances. Council should refer the application back to the Planning Commission for review of the revised plan. COUNCIL ACTION REQUESTED Refer the application back to the Planning Commission in order to review the revised plan, or direct staff to draft a denial resolution for adoption at your November 22"“^ meeting. •• CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 ZONING FILE 04-3052 NOTICE OF COUNCIL ACTION DATE OF NOTICE: October 26, 2004 TO: Eric Vogstrom 20840 Channel Dr Greenwood, MN 55331 COPIES:Timothy J. Keane Leonard, Street & Deinard ISO South Fifth Street Suite 2300 Minneapolis, MN 55402 TYPE OF APPLICATION: Variances DATE OF MEETING: C ‘ober 25,2004 VOTE:5 FOR 0 AGAINST Motion: To table the application as requested by the applicant. Your application is hereby tabled to the November 8'*’ City Council meeting. If you have questions please call Melanie Curtis, City Planner, at 952.249.4627. £ / K-' Date Application Received: 08-18-04 Date Application Complete: 09-13-04 60-Day Review Period Expiration: 11-13-04 REQUEST FOR COUNCIL ACTION Date: October 20,2004 Item No. Department Approval: • Name: Melanie Curtis iUA Title: City Planner ___ Administrator Approval:Agenda Section: Item Description: #04-3052 - Eric Vogstrom - 2618 Casco Point Road - Variances Zoning District: LR-IC, One Family Lakeshore Residential, '/i acre/100’ width Lot Area: 20,561 s.f. (0.47 acres) Lot Width: 100’ measured at a line parallel to the shore & 80’ at the 75 ’ setback List of Exhibits: A. Revised Plans & Revised Hardcover dated 10-21-04 B. PC Action Notices dated 09-23-04 & 10-20-04 C. PC Memo & Exhibits of 09-13-04 & 10-14-04 D. Minutes from PC Meeting 09-20-04 & 10-18-04 (Draft) E. Letter to the PC from Neighbor at 2648 Casco Point Road Application Summary: In conjunction with a proposal for construction of a new 3002 s.f. home, the applicant requested variances within the 75 ’- 250 ’ setback zone for 57.9% hardcover where 25% is normally allowed, an average lakeshore setback variance to encroach 10’ nearer the lake than the neighboring home and a side street setback in order to encroach 5 ’ into the 15 ’ setback from the unimproved right-of-way. At their September meeting, the Planning Commission reviewed the application and voted to table the application stating that they would like to see the applicant revise the plan to reduce hardcover. For review at the October 18"’ PC meeting, tltc applicant redesigned the plan to a request for 38.9% hardcover within the 75 ’ - 250 ’ setback, a variance for a 5 ’ encroachment into the average lakeshore setback, and a side street setback variance for a 10’ setback from the right-of-way where a 15 ’ setback is required. As of October 21, the applicant has revised the request for a 75 ’-250 ’ setback zone hardcover variance of 36.8% for construction of a 1,884 s.f. house and an average lakeshore setback variance in order to encroach 10’ closer to the lake than the neighboring home. This revision shows the proposed house meeting rear, side, and side street setbacks. M Planoing Commission Recommendation This application was first heard by the Planning Commission on September 20**’ and was tabled at the applicants request in order to reduce the level of hardcover variance requested. On October 18, 2004, Planning Commission voted 5-2 (Bremer and Rahn cast dissenting votes) to recommend denial of the hardcover and setback variances based on lack of sufficient hardship. The two dissenting voters would have offered the applicant a tabling to allow him time to provide a further revised plan. Planning Staff Recommendation The applicant has proposed to Council a plan with further hardcover reductions but still requiring variances. Council should refer the application back to the Planning Commission for review of the revised plan. COUNCIL ACTION REQUESTED Refer the application back to the Planning Commission in order to review the revised plan, or direct staff to draft a denial resolution for adoption at your November 8*'’ meeting. mu i ■,¥ ■ ‘ '‘- ■■■ LIVING AREA 1089 sq ft CITYC 2750 Ki PO Box Crystal 952.249 TYPE< DATE Plaiinii the voti VOTE Applies City Ci If you c availab If you 1 r FILE nO4-20b2 October 14. 2004 Page 1 of 4 Date Application Received : 08-18-04 Date Application Considered as Complete: 09-13-04 60-Day Review Period Expires: 11-13-04 To:Chair Ralm and Planning Commission Members Ron Moorsc, City Administrator From: Date: Melanie Curtis, City Planner ||^ October 14, 2004 Subject: ■ 04-3052, Eric Vogslrom, 2618 Casco Point Road, - Variance - public hearing Zoning District: Lot Area: Width: LR-IC, One Family Lakeshorc Residential, 'A acre/100' 0.47 acre (20,561 s.f.) 100’ parallel to the shore 80’ @75’ setback ______________ Application Summary: The applicant is requesting a number of variances in order to build a new single family residence on the property. The application consists of the following: 1. A hardcover variance for 38.9% hardcover within the 75’ - 250’ setback zone where 25% is normally allowed and 27.1% currently exists; and 2. A variance for side street setback of 10’ where a 15’ setback fioin tlie adjacent right-of-way is normally required; and 3. An average lakeshorc setback variance to encroach 5’ nearer to the lake than the ______property to the south._____________________________________________ Staff Recommendation: Planning Department Staff recommends the following: 1. Approval of the average lakeshore setback variance; and 2. Denial of the side street setback variance and denial of the hardcover variance as proposed as there are no hardships to support the variances as requested. Hardship: Staff does not find that there is a valid hardship to justify granting a hardcover variance or a variance to encroach on the side street setback. List of Exhibits A. PC Report of 09-13-04 }»• ? r 1/, /•; r. 13. Revised Survey dated 10-13-04 C. Revised Hardcover dated 10-13-04 D. Revised House Plan & Elevation 1 j FILE #04-3052 October 14, 2004 Page 2 of 4 Background Tliis application was before the Planning Commission at the September 20' meeting and was tabled in order for the applicant to redesign and reduce hardcover. Since that time the applicant has met with staff and redesigned the proposal in an attempt to further reduce hardcover. Additionally, the applicant has proceeded with tree removal in preparation for redeveiupment of the property. The applicant perfomied this work without City approval or pemiits. The City is now in the process of analyzing the FILE #04-3052 October 14. 2004 Page 3 of 4 Hardcover Calculattoos! Hardcover Zone 0-75 75-250 Total Area in Zone 12,888 s.f. (mcliiding noth coniiguotis pi operty east of Carman Bay} 7,673 s.f. Allowed Hardcover 0 s.f (0%) 1,918 s.f. (25%) REVISED Existing Hardcover 0 s.f.* (0 %) Revised 2,080 s.f." (27.1 %) REVISED Proposed Hardcover Os.f. (0 %) Revised 2,981 s.f. (38.9 %) * After exclusion of fabric or plastic-lined landscape beds Side Street Setback Variance The applicant has not redesigned the proposal to meet the 15’ setback to the public right- of-way, however the drive access remains off of Casco Point Road. Hardcover Variance The applicant has revised the plan and reduced the level of proposed within the 75’ - 250’ zone. The previously proposed hardcover percentage was 57.9% or 4,442 s.f. the applicant has now proposed a hardcover percentage of 38.9% or 2,981 s.f. This is a net reduction of 19% or 1,461 s.f.. Hardship Statement Applicant has completed the Hardship Documentation Fonn 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 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 C'ule 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 Orano Zoning Code. Staffs position remains that there is no hardship inlierent to the land which would justify the side street setback variance or the hardcover variance as proposed. There are no current or future plans to develop or vacate the Casco Point Road right-of-way along the property ’s northern boundary, and the future public ure of the riglit-of-way is unknown. Staff has contacted the Public Works Department who request that the right-of-way be clear of any encroachments. Staff believes that the allowed 55’ wide building envelope is very reasonable and a setback variance to the side street is not justified. Staff also does not find a hardship for this property to exceed the required 25% hardcover limit. The applicant has proposed to redevelop the property, where the Planning Commission has consistently required full compliance with all regulations. Staff finds FILE m-3052 October 14. 2004 Page 4 of 4 that an increase of almost 12% hardcover on a redeveloping lot already having excess hardcover would be completely inconsistent with past practice. Staff finds that no hardship inherent to the land exists to allow a hardcover level above 25% or 1,918 s.f. as this level allows for a 1,500 s.f. house and 418 s.f. for driveway, sidewalks and patios or decks. Summary of Issues for Consideration 1. Are there any other issues or concerns with this application? Staff Recommendation Planning Staff recommends approval of the average lakeshore setback variance. Planning staff also recommends denial of the side street setback variance, and denial of the hardcover variance. Additionally, staff recommends that any variance approval for this site should be conditioned upon the submittal and Council approval of a restoration plan to remedy the vegetation removals conducted on the property during the week of October ll"’. 1 -Li SXT3ACI< (C^CLZ C.VZ) H.-iJvDC0VZ5. CALC^XATIC^■ TyC7Z<:i=^^i ------------->rs-ifov' 150-fco* yrrr-TN.-n "s«TV ZC^"- • r—?e• •%» «■» V L*l^W «« 3. Canss______________ * \Z^T*V« cv/ ^ X D- SIccwiDc ^t.vc E. -PattoTecJc X X F. UflxstlSSrpc Underlain By Ptasdc ■!7»k:-foP X X X O. Other U/vlTB^ TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE + B___X ICO - ypr>pns«< Ti hardcover TN 20!^ A. House ------------ *Witt X X X Be Carafe C Drivft\wy X X D. Sidewalk X X E. Fadc/Deck X X C I t—^<^**<*• • tm f * Underiain 5y Plastic X X G. Other TOTAL IN ZO'E _ total FROrERTY AREA IN ZC>-X ICO - 11 5-:->i:*v’ i t 1 S»2*« H • S 0 c r Wm • .Si'. 41^1 SR. 5--. ^1^4 SR. s=. 16 S.F. SJ. SJ. ILr S.F. •* S.F. A U-'IJ’SR. B z^.i /« •1 \ /rf4-S.F. 1 S.F. SJ. Si=. %SR. Bih S.F. SJ. ns SR. SJ. AZ3 S.F. S.F. S.F. ou*. S.F. SJ. * 5.5. S.F. y» ;i r* 54 MAIN FLOOR PLAN 2065 sq ft r MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 20, 2004 6:00 o ’clock p.m. (#04-3052 Eric Vcgstrom, Continued) from the building site by an inlet of Carman Bay. The contiguous land area is approximately 16,400 square feet. The applicant is basing the structural coverage amount on the total noncontiguous parcel above the 929.4’ elevation. Neither the lot coverage ordinance nor the Zoning Code definition of "lot area" clarify whether the lot coverage percentage should be based on contiguous area The definition of minimum lot area found in the Subdivision Code would disallow noncon.iguous land to be credited toward lot area. Curtis stated the applicant is proposing a 3.002 square foot footprint. 1,225 square feet of dnvevsay, and 215 square feet of sidewalk to make up the 57.9 percent hardcover. Tnere are no patios proposed and only one 18 ’ by 11 ’ deck on the lakeside of the home. Cums noted the driveway as proposed would need to be reduced at the curb and would need to be substantially reduced overall to bring the hardcover doNvn to a reasonable level. Staff finds that there is no hardship inherent to the land that would justify the side street setback variance or the hardcover variance as proposed. Staff believes that the 55-foot wide building envelope is very reasonable and that a setback variance to the side street is not justified. If the Planning Commission concludes that the applicant should get credit toward the structural coverage for the dry land on the noncontiguous portion of the property, there may be some appropriate level of hardcover variance to support some reasonable level of development of the site. Staff recommends approval of the average lakeshore setback variance and recommends denial of the side street setback variance and denial of the hardcover variance. Staff also recommends removal of the existing gravel driveway within the city right-of-way and restoration of the area back to vegetation as part of the redevelopment of this lot. Curtis noted the grading and drainage plans have been revised since the issuance of the letter by the City Engineer, and that the applicant has addressed the grading and drainage concerns that have been raised. Vogstroni noted the road is unimproved to the north and requested the Planning Commission allow the encroachment in the right-of-way. Vogstrom stated the existing structure encroaches into the right-of-way by 14 feet. Vogstrom explained the existing hardcover calculation does not include anything for a pad and driveway, which exists on the north side. Vogstrom indicated at the present tim.e there is no way to access the garage without going over the nght-of-way. Vogstrom noted the cunent structure is located 21.8 feet away from the street and is nonconformmg. Vogstrom indicated he would be willing to restore the right-of-way at his expense if the city is willing to work with him on the hardcover. Vogstrom stated in his opinion he has a hardship due to the amount of water on his property and the fact that hi$ land is not contiguous. Vogstrom stated in his opinion the proposed residence conforms more with the rest of the neighborhood than what currently exists. Vogsmom noted the property at 2601 Lafayette Road was granted hardcover in excess of 25 percent Vogstrom stated the current structure is 1 1S4 square feet and is figured at 26.4 percent hardcover. PAGE 21 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 20, 2004 6:00 o’clock p.m. (S04-3052 Eric Vogstrotn, Continued) Barbara Essen, 264S Casco Point Road, stated they have spoken with the applicant regarding the issue of drainage and that the applicant has indicated he is more than willing to ensure that drainage from this lot will not affect their lot. Jeff Essen stated the first plan did not show a swale, with the recent plan showing a swale. Essen stated the applicant has also indicated he would be installing gutters and do\%Tispouts, which would also help to alleviate their concerns regarding runoff. Barbara Essen stated they are not opposed to the larger driveway since parking along Casco Point Road is a problem at times. Essen indicated the applicant has also expressed a willingness to preser\'c the nicer trees on this lot, noting that a number of larger trees were lost as a result of a storm in 1997. Vogstrom stated the preservation of the trees is also one reason why he would like to have approval of the 10-foot encroachnicnt into the right-of-way. Vogstrom slated the majonty of the trees ate located on the south side of the lot. Alan Greene, 2645 Casco Point Road, stated he is located across the street from this lot. and that in his opinion the proposed hardcover for this lot is excessive. Greene stated his residence is approximately 1200 square feet on a lot that is approximately the same size and that the lot in question is being overbuilt. Vogstrom stated Greene’s footprint is 1374 square feet and his garage is 695, for a total footpnnt of over 2,000 square feet. Fritzlcr stated he does not see the need for the 57.9 percent where 25 percent is allowed and 26 4 percent currently exists. Fritzler stated he docs not see the hardship for the increase in the hardcover Fritzlcr stated he is also opposed to the 10-foot setback. Bremer inquired what number Fritzler would like to see for this lot given its restrictions. Fritzlcr stated he would be willing to approve 27 percent hardcover for this lot, but that he docs not sec any justification for the additional hardcover or encroachment. Ken.pf stated he is in agreement with Fritzlcr and that the plan appears to have beer, laid out without any consideration for the hardcover restrictions. Kempf mquircd \\ nether the applicant would be addmg a deck or patio in the future. Vogstrom .stated a deck is included in his current plans and that he docs not intend to add a patio in the future. Bremer indicated she feds the 27 percent is low given the restrictions of this lot. Rahn commented he also feds this is a hardshap lot but that it does not justify the 57.9 percent hardcover being proposed. Rahn stated in his view more cfTort needs to be made to reduce the hardcover and that the strucrure could also be reduced to eliminate the need tor t.he side sU'cet setback variance. PAGE 22 r I \nNUTES OF THE ORONO PLANNING COiVLVllSSION MEETING Monday, September 20, 2004 6:00 o’clock p.m. (#04-3052 Eric Vogstroin, Continued) Leslie stated the encroachment would be reduced if the size of the structure is reduced. Vogstrom inquired whether he would be better off remodeling the e.xisting structure. Rahn stated that decision would be up to the applicant, but that the Planning Commission appears to be opposed to the proposed amount of hardcover. Leslie pointed out that a remodel is considered to be less than 50 percent of value. Rahn inquired whether the driveway could be reduced. Vogstrom noted there is no driveway figured into the existing hardcover calculation, and if a driveway was added into the hardcover, that would increase it to 34 or 35 percent. Curtis stated the pioperly cunently is accessed from the right-of-way. Paul Raster, 2600 Casco Point Road, indicates he owns the property on the other side of the fire lane. Raster stated the fire lane has been filled in over many years and that encroachment on the fire lane in his opinion should be granted because it would alleviate some of the construction problems the applicant is facing on this lot. Raster stated the fire lane currently is not very passable given the vegetation and that allowing the fire lane to be used would have very little impact on the neighborhood Vogstrom staled the house would also be angled and would only encroach in a couple of spots. Leslie stated in his view the hardcover could be reduced, which may in turn resolve the side street setback. Leslie inquired whether the Planning Commission could offer some suggestions on what they would like to see the hardcover reduced to. Ftitzlcr stated he believes the hardcover could be reduced to 27 percent. Leslie stated in his opinion some of the hardcover for the fire lane should be applied to this property. Jurgens stated the fire lane is a public right-of-way and that the applicant has a nght to use that fire lane. Jurgens suggested the applicant consider a side-loading garage if the City allows the fire lane to be used. Gaffron stated as far as the driveway is concerned, Staff has not looked at sight lines and other issues relating to safety, which need to be considered. Gaf&on noted there is a slight curve on Casco Point Road that may dictate where the driveway is located. Rahn stated it appears the P’aiming Commission would like to see the proposed hardcover reduced and that the Planning Conmr.jSion at this time is not prepared to set a definite percentage. Rahn suggested the applicant considr uibling his application to allow him tim.e to redesign his plans. Rahn stated another option would be for the applicant to decide whether he would like to remodel the existing stmcturc. PAGE 23 MINUTES OF THE ORONO PLANNING COMiVUSSION MEETING Monday, September 20, 2004 6:00 o’clock p.m. (i«04-3052 Eric Vogstrom, Continued) VogstTom inquired whether the Planning Commission would allow the 10-foot side street setback given the fact that the fire lane is heavily wooded and not used. Jurgens requested the property' m.arkcrs near the street be delineated. Leslie stated the applicant will need to make the decision on how to reduce the hardcover, and that the encroachment may be reduced once the hardcover is reduced, l.cslie indicated n is impossible to say definitely whether the encroachment would be allowed given the fact that the plans need to be revised. Rahn stated the Planning Commission needs to look at the plans overall, and recommended the applicant continue working with staff to reduce the amount of proposed hardcover. Leslie indicated it appears likely that there may be some variance granted for hardcover given the restrictions of the lot, but that the applicant needs to take steps to reduce the hardcover down to something that is more reasonable for the lot. Kempf stated he generally is in favor of setback variances that have no negative impact on the neighbors. Rahn reiterated the Planning Commission needs to look at the plans as a whole, and inquired whether the applicant would like to tabic his application. Vogstrom requested his application be tabled. Kahn moved, l.,esUe seconded, to table Application tt04-3QS2. Eric Vogstrom, 2618 Casco Point Road, to allow the applicant time to »"*visc his plans. VOTE: Ayes 6, Nays 0. PLANNING C</VCVn.SSION COM.MEN I S 9. RKUOR r OF PLANNING^0M.^USS10N REPRES^ l ATlVES ATTE]/DING COUNCiyiMEE TLNGS AUGU^23 *VND SEPTEMBERy;2004 Lc.slic Jhdicatcd he attended thoAugust 23”* Council mcetin^wherc a member o^hc public had mqii^d about the steps bemj^aken to address the coyot^roblem The rcsidam had indicated that an im^asing number of dom^ic animals have been disappearing. Leslie noty this matter has been r^TTcd to the police deninmenl. Leslie stated one of trf Council members had th-iyked the Planning Corflmission for their efforts at addicssing the issu^commg before the City, l^lie noted the Coun^docs limit public commenyfb five minutes at th^t meetings, which may helj^coplc in ar.cndancyt Planning Commission m/etings streamline their/unments. Gaffron state/that language could be ad^d to the Pla.nning CoyLmission agendas. PAGE 24 BAHih]r Di MINUTES OF THE ORONO planning COMMISSION MEETING Monday, October 18,2004 6:00 o’clock p.m. Gaffron stated Stafrtas not conducted a specific invcnt^to determine that, bu^ifthe few instances they arc awa^ of the lots arc gcnot^ly large crrougl^at they should be ablc^ meet a 50-foot setbac It yns the consensus oUne Phnning Coni^ssion to leave the S0-£prot setback as is. Bremer recommen^d the second poyfitial in (c)(2) be elimin/ed and the ampersaj^B between wear and tear be cjlmrged to the wor^^d. Rahn nwfvcd, Frltzlcr scco^ed, to recommend ai^oval of the propo^d amendment to Secf(on 78-1577(c) re^frding exterior storag^R Districts, establishing a nne-tiine permU ire-cxisting uscrym continue the storage^large vehicles ui^er certain conditions. VOTE: Aye.^,NaysO 3. #04-3052 ERIC VOGSTROM, 2618 CASCO POINT ROAD - V/VRIANCES, 6:17 p.m.-6:36 p.m. Eric Vogstrom, Applicant, was present. Curtis noted this application was before the Planning Commission at its September meeting and was tabled to allow the applicant time to redesign his plan in an effort to reduce hardcover on the lot. Since that time the applicant has submitted another plan and is now requesting a hardcover variance for 38.9 percent hardcover within the 75-250’ setback zone, a variance for side street setback of 10 feet where a 15-foot setback from the adjacent right-of-way is normally required, and an average lakeshore setback variance to encroach 5 five nearer to the lake than the property' to the south. Curtis stated since the time of the last meeting the applicant has also removed a number of trees from the property without city permit. Curtis noted the adjacent neighbor has submitted a letter regarding his concerns with this proposal. PAGES - ------ MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 18,2004 6:00 o’clock p.m. Staff recommends approval of the average lakeshorc setback variance and denial of the side street setback variance and denial of the hardcover variance as proposed as there are no hardships to support the variances as requested. In addition, Staff is recommending approval of any variances be made contingent upon approval of a restoration plan to remedy the vegetation removal on the property. Rahn asked for public comment concerning this application. Jeff Essen, 2648 Casco Point Road, indicated he had met with the applicant prior to last month’s Planning Commission and discussed his original plan and the concerns he had regarding drainage, trimming of trees, protection of established trees, and off street parking. Essen stated Vogstrom indicated at that time that he was agreeable to installing gutters and dowTispouts, dram tile, and construct a swale between the two properties. Essen stated he agreed to work with Vogstrom on trimming his trees in an effort to improve Vogstrom’s view of the lake. Essen stated last week Vogstrom had a tree service come in who illegally took down two mature trees on his property as svell as other trees and vegetation on his own property. Essen indicated based on those actions, he no longer is in support of this proposal until such time as a restoration plan is approved and the damage has been adequately addressed. Paul Raster, 2600 Casco Point Road, stated he is the neighbor to the north and at the last meeting was in favor of the variance to encroach on the fire lane. Raster indicated since the applicant has now clear cut his lot, he would like to withdraw his support of the variance. Raster stated he now has concerns regarding erosion since the vegetation has been totally removed. Vogstrom stated he is in agreement with his tw'o neighbors regarding their concerns and that the tree company was hired to remove a couple of trees that were dead. Vogstrom apologized to the City and his neighbors regarding the removal of the vegetation, noting that he was not aware the tree company was going to remove as much vegetation as they did. Vogstrom mdicated he did ask the tree removal company to contact Staff regarding this incident, but that he accepts full responsibility for the mistake. PAGE 6 r MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 18, 2004 6:00 o’clock p.m. Rahn noted the applicant has made some hardcover reductions but that the proposed residence is still 10 feet from the tight-ot-way where 15 feet is required. Vogstrom stated on one side he is 13.5 feet and that the residence can be slid over somewhat to the south. Vogstrom indicated at the time the plan was drawn up he was trying to protect some trees in that area and that it was his belief the trees enhanced the lot. Jurgens noted the Planning Commission should act on this matter tonight given the 60-day time limit. Jurgens stated in his opinion the hardcover still needs to be reduced further, noting that there are drainage issues that also have to be dealt with on this lot. Vogstrom noted the City Engineer had signed off on the drainage issues under his original proposal at the 58 percent hardcover. Vogstrom stated Staff informed him that the City Engineer did not have any issues with the drainage. Vogstrom indicated the property at 2800 Peasant Road was approved in mid August 2002, which is a lot that had a very similar situation where two-thirds of that lot was in the 0-75*. Vogstrom noted two-thirds of this lot is also in the 0-75*. Vogstr om stated the Planning Commission at that time found that while the 25 percent standard is feasible, such a limitation would result in construction of a residence that would not be in keeping with the character of the neighborhood and surrounding homes. Vogstrom noted a hardcover variance was allowed in that instance at 39.2 percent hardcover. Vogstrom indicated the proposed footprint of his house is approximately 1100 square feet, with a three-car garage, which is not out of character for this neighborhood and does not constitute a large house. Leslie inquired how many of the neighbors have three car garages versus two car garages. Vogstrom stated it is approximately half and half, with the newer homes having the three car garages, Vogstrom indicated he was attempting to address the off-street parking by consnxictmg a three car PAGE 7 MINUTES OF THE ORONO PLANNING COMNUSSION MEETING Monday, October 18,2004 6:00 o’clock p.ni. garage. Vogstrom noted the current residence is also located on the property line, which makes it nonconforming, and the amount of hardcover on the lot is also being reduced with his proposal from what currently exists. Winkey inquired what impact a reduction to 25 percent hardcover would have on the design of the house. Vogstrom stated he is better off going with the 1500 square foot footprint plus a small amount for a driveway and a sidewalk, which would bring the hardcover to around 30 percent. Fritzler commented that in his view the size of the lot should give the applicant an adequate building pad and that he would be opposed to granting any variances. Fritzler stated he would like to see the hardcover reduced to 25 percent. Jurgens stated based on the time limits, he would like to make a motion denying the application. Jurgens moved, Leslie seconded, to recommend denial of Application t^04-3052, Eric Vogstrom, 2618 Casco Point Road. Rahn noted the applicant does have the ability to sign an agreement extending the 60 days. Bremer stated she does not feel the Planning Commission should make a motion based solely on the fact that the 60-day time limit is about to expire. Jurgens stated in his view the hardcover should be reduced to 25 percent and that there is no need to grant any variances based on the size of the building pad. VOTE: Ayes 5, Nays 2, Rahn and Bremer opposed. Rahn stated he believes the applicant should be given the opportunity to revise his plans again but that he is in agreement that the hardcover be reduced. Vogstrom inquired whether he could utilize an end-loading garage. Jurgens stated the applicant does have that option but that a new application would need to be submitted. PAGES 1 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 18,2004 6:00 o’clock p.m. Rahn stated he would not be in favor of any encroachment into the right-of-way. Rahn commented the Planning Commission does not have the time to discuss the applicant’s various options concerning design of the garage and residence but that the applicant needs to make those design decisions. Rahn noted the Planning Commission has denied the application and that this matter would go before the Council. Bremer inquired whether denial of the average lakeshore setback variance was also included in the motion. Jurgens indicated the motion was to deny the entire application. Bremer slated she would have been in favor of granting the average lakeshore setback variance but that the hardcover needs to be reduced on this lot. Bremer indicated she would be willing to consider hardcover in the higher 20’s since there is a lot of lakeshore on this property and that there are some circumstances where that could be considered a hardship. Bremer noted she is not in favor of the side yard setback variance. Vogstrom noted the existing 27 percent hardcover on this lot does not include a driveway. Rahn noted this application would move forward to the Council, and suggested the applicant consider revising his plans in an effort to further reduce the hardcover prior to the City Council meeting. lifci £r;>tHieiT F 10/18/2004 Ms. Melanie Curtis City Planner City of Orono 2750 Kelly Parkway Orono, MN. 55356 Re: Request for Variance at 2618 Casco Point Road r Dear Ms Curtis, ARer speaking with you and the City Administrator today I feel it necessary to prepare this letter and have it included in the public record of the Planning Commission meeting of 10/18/2004. The owner of 2618 Casco Point Road, Mr. Eric Vogstrom has applied for a hard cover and side yard set back variance. I have expressed the following concerns to him and you. Drainage between his proposed home and my home. Trimming of trees to enhance his view. > Protection of established trees. V- Off street parking Mr. Vogstrom and I discussed these issues and he agreed to install gutter, downspouts buried drain tile and a swale between the properties to control drainage He also agreed to work with me on tree trimming to enhance his view, and to protect existing trees Last week Mr Vogstrom hired a tree service, which in addition to illegally cutting trees on his own property and neighboring public property, came onto my property and cut down mature trees that impacted his view without a permit or my permission These trees were cut down even after I pointed out to Mr. Vogstrom and his tree service exactly where the property line was located (survey stakes were clearly visible) As a result of his actions I do not believe he will voluntarily honor any of his previous commitments regarding drainage or tree preservation and I am strongly against granting the requested variances. Additionally I request the City Engineer make note of these concerns during his review of the Vogstrom site plan and drainage plan as part of the construction drawing review process to protect neighboring property owners. Sincerely.'^ Jefifbssi 2648 Casco Point Road Orono MN 55391 (5"/ H I r C >« CITY of ORONO Municipal Offices Street Mdress; 2750 Kellty Parkway Orono, MN 55356 Mailing Address: P.O. Box 66 Crystal Bay. MN 55323 0066 October 25,2004 Eric Vogstrom 20840 Charind Drive Greenwood, MN 55331 R£: 60-Day Review Period Extension Application # 04-3052 State law provides that Cities shall make decisions on zoning requests within 60 days from the date of application, and that this review period may be extended by notification to the applicant. Your application was received on August 18 and was considered to be complete on September 13, and the 60-day review period would end on November 13, 2004. However, due to tabling the earliest potential date of final Council action for your application falls near the 60-day period expiration. Therefore, the 60-day review period is hereby extended an additional 60 days to January 13, 2005. Please contact me with any questions regarding this matter. Sincerely, City of Orono Melanie Curtis City Planner ■ I ftieplioiiR (9S2) 24M6M • Fax (952) 249^16 rl crofHi.mn.iM IB (" O I .1 A % ■ ■ ■ • Veewo^’*’ c- CITY of ORONO Municipal Offices Street Address: 2750 Kelley Parkway Orono, MN 55356 Mailinf Address: P 0. Box 66 Crystal Bay. MN 55323 0065 November 3,2004 Eric J. & E. A. Vogstroni 20840 Chamsel Drive Greenwood, MN 55331 RK: Restoration Plan 2618 Casco Point Road PIN 20-117-23-24-0038 On October 14, 2004, you were issued notice that illegal vegetation removals were conducted at the above property within 75’ of Lake Minnetonka and 'he adjacent wetland without City permits. Vegetation removal and tree cutting within 75' of the OlIWL of Lake Minnetonka and within a wetland requires an inspection by City vMaff and a tree removal penirit issued by the City Inspector. Hawkins Tree & Landscape (your contractor) removed trees and brush from your property within the 75’ setback, on the neighboring property to the south within the 75’ setback and on City property. The City provided a deadline of October 21*' for submittal of a restoration plan; to date we have only received a partially complete survey. City staff has preliminarily reviewed this most recent survey detailing most, but not all, of the tree and vegetation removal conducted by your contractor. As of today, the following previously requested items have not been satisfactorily completed: 1. Your immediate placement of erosion control and soil stabilization methods; and 2. Submittal of a survey from your surveyor showing the location, diameter, and species if discemablc for nil vegetation and all trees regardless of size cut by your contractor on your property and adjacent property; and In addition, a restoration plan completed by a MN State licensed Landscape Architect must be submitted for review and approval by City Staff and City Council. This restoration plan must indicate the rc-establisltment of the canopy and ground cover in order to restore the property to its pre-existing condition. Further, the landscape plan should provide the following; Telephone (952) 249-1600 • Fax (952) 249-4616 www.cl.Qrono,inn.us a. Tree for tree replacement of all trees and understory vegetation within 75 ’ of Lake Minnetonka; and b. Tree for tree replacement of all trees and understory vegetation removed from the City right-of-way and the neighboring property within 75 ’ of Lake Minnetonka; and c. Replacement tree diameter may be dctcrmincci by the Landscape Architect and approved by City Staff; however deciduous trees shall meet a minimum of 3” diameter and coniferous trees must be at least 6 ’ in height. d. The replacement tree species shall generally match those removed; and e. Replacement tree locations should generally match locations of those removed; and f. A covenant shall be filed requiring replacement of dead or dying trees and '•llowing for City monitoring until the trees have reached 6 ” in diameter. The updated survey, landscape restoration plan and restoration schedule must be received and approved by City Staff and City Council before any final City Council action will be taken on your application 04-3052. City Staff will be inspecting your property on a regular basis to ensure that the erosion control methods are installed and remain in place until the restoration is complete. Your cooperation in tliis matter is appreciated. Please contact me at 952.249.4627 if you have any questions. Sincerely, WuULOdiatOi^ Melanie Curtis City Plamter i '¥■ *■. \ • I .\ % >/ CITYof ORONO Nfunicipal Offices •%* Street Address: 2750 Kelley Parkway Orono, MN 55356 Mailing Address: P.O. Box 66 Crystal Bay, VN 55323-0065 October 14, 2004 Eric J. & E. A. Voptrom 20840 Channel Drive Greenwood, MN 55331 RE: Illegal Vegetation Removal 2618 Casco Point Road PIN 20-117-23-24-0038 On October 12,2004, a “stop work” order was posted at the above property as vegetation removal was conducted within 75 ’ of Lake Minnetonka and the adjacent wetland without City permits. Vegetation removal and tree cutting within 75 ’ of the OHWL of Lake Minnetonka and within a wetland requires an inspection by City Staff and a tree removal permit issued by the City Inspector. The soil disturbance caused by the tree removal activity may also require review and approval from the Minnehaha Creek Watershed District (MCWD). Removal of individual trees of 6” diameter and intensive vegetation clearing within 75 ’ of a lake or on a slope greater than 30% is strictly prohibited without prior City approval. Orono City Code 78-1285 states: (a) No live tree within 75 feet of the shoreline or within the bluff impact zone with a diameter of 6 inches or more (or 19 inches it: circumference or greater) measured 3 feet above the ground may be removed without first obtaining a permit from the City provided that at least the equivalent number of replacement trees of a size and nature found acceptable to the staff are planted at the same setback from the shoreline as those removed. Intensive vegetation clearing within 75 feet of the shoreline, on steep slopes or within the bluff impact zone within the Shoreland Overlap' District is prohibited Limited clearing of shrubs and trees less than 6 inches in diameter and cutting, pruning and trimming of trees of any size is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of permitted stairways and landings, picnic areas, access paths, beach and watercraft access areas, and permitted lockboxes, provided that the screening of structures, vehicles or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced. Tdepbooe (952) 249^M00 • Fax (952) 249-4616 www.d.orono.nin.as Vogstrom 2618 Casco Point Rd 14 October 2004 Page 2 The vegetation removal on the above referenced property (and apparently on your neighbor ’s property at 2648 Casco Point Road, and potentially on City right-of-way) is in violation of the above referenced codes. Violation of City Code is a misdemeanor and this matter has been forwarded to the City’s Prosecuting Attorney for issuance of a Fomial Complaint. Resolution of this matter will begin with the following: 1. Your inunediate placement of erosion control and soil stabilization methods; and 2. Submittal of a survey from your surveyor showing the location, diameter, and species if discemable for all trees regardless of size cut by your contractor on your property and adjacent property; and 3. Submittal of a restoration plan from a landscape professional which must be approved by City Staff and City Council. This restoration plan must indicate the rc-cstablishment of the canopy and ground cover in order to restore the property to its pre-existing condition. The updated survey, landscape restoration plan and restoration schedule must be received no later than 4:30 pm on October 21, 2004 in order to avoid legal action and to ensure that it may be reviewed and approved by the City Council in a timely manner. City Staff will be inspecting your property on a regular basis to ensure that the erosion control methods are installed and remain in place until the restoration is' complete. Your cooperation in this matter is appreciateo. Please contact me at 952.249.4627 if you have any questions. Sincerely, [AMaiuiOifMd Melanie Curtis City Planner c: Thomas J. Baaett, City Attorney Sgt. Kurt Erickson, Orono Police Department Jesse Carlson, District Compliance Officer, Minnehaha Creek Watershed District Mike Hawkins, Hawkins Tree & Landscape, 1776 Canterbury Rd, Shakopee, MN' r ¥) LEONARD, STREET AND DEINARD rncue^kioNAL association 2 S i'iOi October 22,2004 Timothy J. Keane 612-335-7192 tim .keane@Ieonard com Via Fax (952-249-46161 and U. S. Mail Ronald Moorse City Administrator City of Orono P. O. Box 66 Orono, MN 55323-0066 Re: Eric Vogstrom Variance Applications - 2618 Casco Point Road Dear Mr. Moorse: The purpose of this letter is to respectfully request that City Council agenda item 8 referenced as #04-3052 regarding the Eric Vogstrom application for variances at 2618 Casco Point Road be continued to the City Council meeting of November 8, 2004. Should you have any questions, please contact me at 612-335-7192. Sincerely, LEONARD, STREET AND DEINARD Professional Association Timothy J. Keane TJK:vn cc; Eric Vogstrom 150 South Fifth ST..IIT Suite 2300 MiNKEAroLis, Minnesota 55402 Tel 6x2-33$-i500 Fax 6i2-355-i657 LAW Olficts IN M1NN1AP0L1S« SAINT PAUL, MANKATO, SAINT CLOUD AND WASHINGTON. D C WWW.LE0NAKD.COM ■; J Date Application Received: 9*17-04 Date Application Considered as Complete: 10-12-04 60-Day Review Period Expires: 12-11-04 REQUEST FOR COUNCIL ACTION **^*'^’* ••crrTiMQ NOV 8 2004 CITY OF CHOINO Date: November 4, 2004 Item No.: ^ Department Approval: Name: Janice Gundlach^P Title: City Planner Administrator Approval:Agenda Section: Zoning Item Description: #04-3054, Jon & Gail Blackstone, 4475 Forest Lake Landing Variance - Resolution Zoning District: Lot Area: Lot Width: List of Exhibits LR- IB, One Family Lakeshore Residential District (1 acre minimum) .886 acres (38,596 s.f.) 110 feet (140’ required) A - Resolution per Plarming Commission Recommendation B — Approved Grading Plan (revised copy to be handed out at the meeting) C - Revised Hardcover Calculations (conforming levels proposed) D - City Engineer Memo RE: Grading dated 11-3-04 E - PC Action Notice 10-19-04 F - PC Memo and Exhibits of 10-15-04 Application Summary: Applicant requests the following variances in order to construct a new residence on an existing, vacant parcel: 1. Lot width variance to permit a lot width at the public roadway of 110 feet when 140 feet is normally required. (112’ is required to meet administrative approval criteria) 2. Variance to permit the existing accessory building to remain on the lot in a location closer to the street or front lot line than the proposed house. Staff Recommendation: Staff recommends: 1. Approval of the lot widtli variance as a house existed in the pa.st, the lots were legally formed, and the lot width would not be inconsistent with the area. 2. Denial of the accessory structure location variance as no hardship inherent to the land exists to allow it to remain in its current location. A new accessory building ______could be constructed in a conforming location on the property.________________ Planning Commission Recommendation At the October 18,2004 meeting the Plarming Commission voted 7-0 for approval of the lot width variance and denial of the variance to permit an accessory building to be located nearer to the street I I or front lot line than the principal structure. The Planning Commission stipulated the approval of the lot width variance on a grading plan acceptable to staff and the City Engineer prior to City Council approval. Staff Recommeodation Approval per the attached Resolution. The grading plan that is attached as Exhibit B will be revised after printing of this report. Staff, including the City Engineer and Building Inspector, held a meeting Thursday November 4'*’ to discuss the proposed grading plan. At that time a workable plan was agreed upon, which the applicant’s consultants have agreed to formally submit Monday, November 8*^ prior to the City Council meeting. Assuming this plan meets the concepts discussed at the November 4“* meeting »o the satisfaction of the City Engineer; staff recommends the resolution be adopted to approve the lot width variance. If the plan is not in conformance with the concepts discussed at the meeting, staff will take this proposal off the November 8‘*' meeting and final Council action will not occur until the agreed upon plan is submitted. The applicant’s builder was also directed to meet with as many i.cighbors as he could to discuss the proposed grading and drainage plan prior to the November 8* Council meeting, as many neighbors expressed drainage concerns at the Planning Commission meeting. Staff feels that the grading plan discussed at the November 4“* meeting will help alleviate some existing problems while managing the new stormwater created with construction of an additional home. Staff continues to recommend denial of the requested variance to keep an existing accessory building closer to the street or front lot line than tlie principal building. The Planning Commission and staff feel that if the location of the proposed home does not allow for an accessory building being located behind it, than the extra space should be incorporated into the attached garage. Further, accessory buildings should only be allowed when a site lends itself to support one meeting the requirements of the Zoning Ordinance. (Also, the agreed upon grading plan now required removal of the accessory building.) COUNCIL ACTION REQUESTED Adopt the attached Resolution granting a lot width variance for 4475 Forest Lake Landing and denial of the variance request to keep an existing accessory building closer to the street or front lot line than the proposed principal structure. EXHIBIT A A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-330 (B) AND DENYING A VARIANCE TO ZONING CODE SECTION 78-1435 FILE NO. 04-3054 WHEREAS, Jon Blackstone and Gail Blackstone, husband and wife (hereinafter “tlic applicants”) are the owners of the property located at 4475 Forest Lake Landing within the City of Orono (hereinafter the “City”) and legally described as follows: Lots 22 and 23, TONKAVIEW GARDENS, HENNEPIN COUNTY, MINNESOTA (hereinafter the “property”); and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-330 (B) to allow construction of a new residence on an existing lot where the lot width is 110 feet at the public right-of- way when 140 feet is normally required, and a variance to Section 78-1435 to allow the continuation of an accessory building located between the residence and the front lot line where no such structure is allowed. NOW, THEREFORE BE IT RESOLVED by the City .ouncil of Orono, Mimiesota: FINDINGS 1. 2. This application was reviewed as Zoning File #04-3054. The property is located in the LR - IB zoning district, which requires a minimum lot area of 1 acre. The applicant’s property is 0.886 acres meeting the 80% requirement for administrative lot area variance approval. Page 1 of 6 3. The Planning Commission reviewed this application at a public hearing held on October 18, 2204 and recommended approval of the lot width variance based on the following findings: a. The lot exceeds the administrative approval requirement for area at 0.886 acres when 80% of the required 1 acre or 0.80 acres is required. b. The proposed new residence will meet all setback, hardcover, and lot coverage standards established under the Zoning Ordinance. c. The lot at 110 feet at the public right-of-way is only 2 feet short of meeting the administrative approval standard of 80% of the requirement (140 feet) or 112 feet. d. The lot is closer to conformance than most other lots along Forest Lake Landing where lot widths are as small as 50 feet at the public right-of-way. e. The steep slopes on the property will require that extra ordinary attention be paid to the grading plan to ensure no new negative drainage impacts to the neighborhood. 4. The Planning Commission found no hardships that would support the continuation of the non-conforming accessory building; noting is would be out of character with the neighborhood. 5. The City Council has considered this application including the findings and recommendation of the Platming 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. 6. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserv'e a substantial property right of the applicants; and would be in Page 2 of 6 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 78-330 (B) to allow construction of a new residence on an existing lot where the lot width is 110 feet at the public right-of-way when 140 feet is normally required, and denies a variance to Section 78-1435 for continuation of the non-conforming accessory building, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant and aimotated 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 75 ’-250 ’ zone shall be limited to 25% and hardcover in the 250 ’- 500’ zone shall be limited to 30%. Applicant is advised that futiue requests to increase hardcover above 25% or 30% in the 75 ’-250 ’ or 250 ’-500’ zones respectively shall require a hardcover variance and will not likely be approved. 3.The existing accessory building shall be removed or moved to a conforming location upon the first inspection required for the new residence. If the accessory building has not been removed or moved to a conforming location a “stop work order ” will be posted and construction of the new residence cannot continue until this requirement has been met. 4. The building permit shall not be issued until the City Inspector has approved the grading and drainage plan for the site. 5.Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (November 8,2005). 6. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. Page 3 of 6 7. The undersigned applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants’ heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 8* day of November, 2004. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner(s) Page 4 of 6 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of , 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instnunent 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 5 of 6 U State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this by Jon Blackstone, husband of Gail Blackstone. day of 2004 Notary Public State of Minnesota ) ) ss. County of Hennepin ) Tliis instrument was acknowledged before me this by Gail Blackstone, wife of Jon Blackstone. day of ^2004 Notary Public Page 6 of6 EXHIBIT B 1 V. \ yL HAKDCOVXS CALCci-ATIO?f WO?JX5;ui£-i Si:T3AC:< ZO^■i:: (CTRCLS ONZ) O-TF 7S-Z£V FVTrrrvr; ?4.^ccov;a TV 20^ fOO-IGCO’ \0/2A/o^ EXHIBIT C .A. Kc\a» LssfS X 3. Ctnfs C CrivBway X X D. Sidewaik X X H. Patio/Dcdc X X F. Landscape Underliffl By Plastic X X X O. Other TOTAL HARCCOVER IN ZONE TOTAL PROPERTY AREA IN ZO;^ *7 + B fa7S> X 100 f POPOSED HABDCQViR IN ZOJa A. House width X X X a Cmte C DrivtMf;xy X X D. Sldewnlk X X E, P^tiorlDcck X X Underlaia 5y Plastic 504 5 ^ C T« 5 ? ^ 7 X X X G. Cicr TQl^L KAXEC0V21 IN ZCNc _ TOT^ ?.0?£.1Y ^ -7 Aik 11 Ai iilHL. i--. 2.Qg.2_ s.?. S’. 1 •2.-; S-- S.r. S.F. S5. \ 1 4 S.F. ________SJ. SJ. S.F. 3S17 S.F. A Qn S J. B ?)509b S.F. 2-CSt- S.F. S.F. S.F. ^ ■ S.F. 2dfO_sJ^. SJ. "^OT) SI. SI. \ 1 ft S.F. SF. 2H£Ls.f. o.r, S.F. SJ. niQfcjSJ- A 3aS3ls.?. B 2.5. ptfl SfcTSAOC ZONZ: (CHICI.E O.NZ) O-TF HA5J3COVZ5. C4LCULATIOrf XvoSKSnJtii (%s-^£^ rfo-fvo* yy^TTVC; rARCCQVm T>' ZOI A. Kcuse ______________ 31 Laj* 7^ 3. Gtinss C Drivcwiy X X D. Sldewiik X •jr E ?atiwD«ck X X F. Laodscap* Underlain By Plastic X X X C. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE O____ + B JIL WPDPOSgP HAHDCQVTTt IN ZONE A. House ______________ LsafZh Width X X X B. Gan^t C. Driveway X X D. Sidewalk X X E. PorionDesk X X F. Lncsci?^ Underlain By Plasdc X X X a ether TOTAL KARDCCVSUN ZONE _ TOTAL PROPERTY AREA IN ZONs 5*"’0-IvC0* [olz&fcA: c ? ts c r a c r• a a c :: W M • c r %»aa • a s=. •s^. a SJ^. S3 ss. S3 S£. S.F. SJ. a SJ. X 100 - S.F. D S.F. ^ 91 1 -7 S.F. — r 9» EF. S.F. a SJ. a S.F. ; s:. a ss. a ss. ss. a SJ. 4-S7 S.F. m S.P. S.F. a 3^. a SJ. ST. m 6G4 ' sj. "1 <3 1 T SJ, X ITO -'1*1 y* Nov 03 2004 10i23 BONESTROO ROSENE RNDERLIK 6516361311 P.l Bonestroo Rosene Anderiik& Associates Engineers & Architects 2335 west Highway 36 • St. Paul. MN 55113 orrice: 65I-636-4600 • Fax; 6SI-636-13II wwwJ)onestroo.com EXHIBIT D Noveniber 3,2004 Ms. Janice Gtmdlacb Planner City'ofOrono Post OCBce Box 66 Ciystal Bay, MN SS323 4475 Forest Lake Landing File No. 139-04-000 Plat No. 04-3054 Dear Janice; We have reviewed die revised site plan dated 10-28-04 for the proposed iraproveoients to 4475 Forest Lake Landing. The proposed inoproveinents include site grading, removing an existing residence and constructing a new home. The topography of this site makes drainage issues a challenge to deal with effectively. We have the following comments with rega^ to engineering matters: • The proposed plsuis shown retaining walls along the northwest and southeast lot lines. The walls are shown constructed on the lot lines. It is unclear how these walls can be constructed without easements from the neighboring properties. The city should review and comment on required set backs for retaining walls (5-feet?). e The stated purpose of the retaining wall along the southeast lot line is to channel storm water to the street In general it is iwt a sound engineering practice to direct water to the base of a retaining wall. We recommend that a deuiled retaining wall design be submitted that shows how the base of the wall will be protected from the water undermining it. The detail should also address proposed permanent erosion control measures. • The final plans should identify proposed top and bottom of retaining wall elevations as well as wall materials. • It appears that storm water will be directed from the southwest to the northeast onto the southwest side of the pool deck. Plans should be revised to direct storm water around the pool deck. • The driveway is shown at a 10% grade. This is the maximum recomnended driveway grade and should not be exceeded when constructed. • The proposed slopes south and east of the driveway are shown at 2:1. The maximum recommended slope for maintenance (mowing) reasons is 3:1. We reconunend that the grading plan be revised to reduce all proposed slopes to a 3:1 maxiiruun. • The proposed silt fence should be the heavy duty type with steel t-posts. A note should be added to the plain stating that the erosion and sediment controls are to be installed, iiupectcd and approved by the city prior to any work on aite. If you have any questions please call roe at (651) 604-4863. Yours very truly, BONESTROO, ROSENE, ANDERLDC & ASSOCIATES, INC. Tom Kellogg Co: Greg Gappa, CityofOrono Bruce Vang, Ci^ of Otono • St. Paul. St. Cloud. Rochester, Willmar. MN • Milwaukee, Wl • Chicago, IL Afflrmjrlv* ActJon/ff<|ual Opportunity Cmploytf fmployoo Ournotf EXHIBIT E CITY OF ORONO ZONING FILE: 04-3054 2750 Kelley Parkway P.O. Box 66 NOTICE OF PLANNING COMMISSION ACTION Crystal Bay, MN 55323 (952) 249-4600 DATE OF NOTICE: October 19,2004 TO: Jon & Gail Blackstonc COPIES: 4465 Forest Lake Landing Mound, MN 55364 TYPE OF APPLICATION:_____Lot_Width^ari_ance,^ccessor^ DATE OF MEETING: October 18,2004 Planning Commission recommended as follows: To approve the following staff recommendation; 1. Approval of the lot width variance as the property is a legal record lot where construction of a residence isn’t prohibited when all other Zoning Ordinance standards have been met, subject to City Engineer approval of a grading plan prior to City Council approval. 2. Denial of the variance to allow the existing accessory building to remain in a location closer to the street or front lot line than the proposed residence as no valid hardship to the land has been demonstrated. VOTE:FOR AGAINST Applicant’s next meeting is tentatively scheduled for: City Council - Monday, November 8,2004; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission or Council minutes, they are available from the City Recorder after review and approval by the Planning Commission or Council. If you have questions, please call City Planner Janice Gundlach at 952-249-4623. EXHIBIT F ^^04-3054 October 18,2004 Page 1 of 4 Date Application Received; 9-17*04 Date Application Considered as Complete: 10-12-04 60-Day Review Period Expires: 12-11-04 To:Chair Ralin and Planning Commission Members Ron Moorse, City Administrator From: Date: Subject: Janice Gundlach, City Plamier^^ October 15,2004 04-3054, Jon & Gail Blackstone, 4475 Forest Lake Landing - Lot Width Variance, Accessory Building Location Variance - Public Hearing Zoning District: Lot Area; Lot Width: LR- IB, One Family Lakeshore Residential District (I acre min.) 0.886 acres (38,596 s.f.) Area meets 80% administrative approval criteria 110 feet (140’ required) Application Summary: Applicant requests the following variances in order to construct a new residence on an existing, vacant parcel: 1. Lot width variance to permit a lot width at the public roadway of 110 feet when 140 feet is normally required. (112’ is required to meet administrative approval criteria) 2. Variance to permit the existing accessory building to remain on the lot in a location closer to the street or front lot line than the proposed house. Staff Recommendation: Staff recommends: 1. Approval of the lot width variance as a house existed in the past, the lots were legally formed, and the lot width would not be inconsistent with the area. 2. Denial of the accessory structure location variance as no hardship inherent to the land exists to allow it to remain in its current location. A new accessory building could be constructed in a conforming location on the property. Pertinent Zoning Ordinance Sections Sec. 78-330. Area, height, lot width and yard requirements. (b) Lets. The following minimum requirements shall be observed: Lot Area (acre)Lot Width (feet)From Yard (feet)Side Yard Adjacent to Another Lot (feet) Rear Yard (feet)Side Yard Adjacent to Street (feet) \140 35 10 30 35 Sec. 78-1435. Location. No detached garages or other accessory building shall be located nearer the front or street lot line than the principal building on that lot except on lots which have frontage on a lake and rear yard adjacent to a street, accessory buildings ^04*3054 October 18,2004 Page 2 of4 located within the street or rear yards of such lots are subject to the setback requirements of section 78-305(b). section 78-330(b) and section 78-350(b); except that detached garages may be located ten feet from the street or rear lot line when doors face away from the street and a turnaround is provided on the site. This section shall not apply to lakeshore lots divided by roadways or corner lots. List of Exhibits Exhibit A - Applications Exhibit B - Hardship Documentation Form Exhibit C - Proposed Survey Exhibit D - Hardcover Calculations Exltibit E - Proposed Elevations Exhibit F - Proposed Floor Plans Exhibit G — Aerial Photograph Exhibit H - Property Owner’s List Exhibit I - Plat Map Background The applicants own and reside on the to the south of this lot. Tltey wish to retain this property and allow constmetion oi a house for their parents, while remaining owners of the land. Prior to submittal of this application, the applicants allowed the fire department to burn the existing, old house down for a training exercise. Through this process a demolition permit was never applied for. Upon notification to the City tliat the old house was tom down, the applicants were required to apply for an after-the-fact demolition permit. At this stage in the process the applicants were informed that the property consisting of two separate tax parcels needed to be legally combined and that a lot width and accessory structure variance would be required prior to applying for a building permit for a new residence. LOT ANALYSIS WORSHEET LR-IB Lot Area Lot Width Required 43,560 s.f (1 acre)140’ Actual 38,596 s.f. (0.886 acres)llO’ LR-IB Required Existing Proposed Front 35’90’ - house 8 ’ - shed 200’ - house 8 ’ - shed Rear 30’230’oiifi - 111 ^04-3054 October 18, 2004 Page 3 of 4 Left Side (south)10’21 ’40’ Right Side (north)10’63’ - house 8.6’ - shed 10’ - house 8.6’ - shed Total Lot Area Total Structural Coverage 38,596 s.f. (0.886 acres)Allowed: 5,789 s.f. (15»/o) Proposed: 3,924 s.f. (10%) Hardcover Zone Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover 75-250 7,917 s.f.1,979.25 s.f. (25%) 0 s.f.* (0%) 1,283 s.f. (16.2 %) 250-500 30,679 s.f.9,203.7 s.f. (30%) 3,517 s.f.* (11.46%) 7,694 s.f. (25.08%) After exclusion of fabric or plastic-lined landscape beds Lot Width Variance The applicants own the two existing vacant lots to the north of their home at 4465 Forest Lake Landing. They have combined these lots and removed the house that existed on the southerly lot. Each of these lots is 55 feet in width at the roadway and once combined the width becomes 110 feet. The lot width requirement of the LR - IB zoning district is 140 feet. Because the applicants do not meet this requirement and wish to redevelop the lot, a lot width variance is required. Had the lot been 112 feet in width, administrative approval could have been granted, which was the case with the lot’s area. Accessoiy Structure Variance The applicants have proposed to keep the accessory structure located in the northern corner of the lot. Prior to combination of tliese lots, the old house was located on the southerly lot and this accessory building existed without a principal structure. Only lakeshore lots arc permitted accessory buildings located in front of the principal structure and non-lakeshore lots must locate them behind the principal structure. Because these lots have been combined and redevelopment of the lot is proposed, all accessory buildings must meet Zoning Ordinance requirements. A variance is required in order to allow the existing accessory structure to remain closer to the street than the proposed residence. Hardship Statement Applicant has provided a brief hardship statement in Exhibit B, and should be asked for additional testimony regarding the application. M04.30S4 October 18,2004 Page 4 of 4 Hardship Analysis In considering applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property In the surrounding area. The Planning Commission shall consider recommending approval for variances 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 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 a hardship inherent to the land exists in order to grant a lot width variance. The lots (prior to combination) were only 55 feet in width and a house existed on one. Now that they aie combined the lot width is much more conforming at 110 feet. In fact, lot widths on Forest Lake Landing range from 50 feet, 60 feet, 75 feet, 80 feet, 90 feet, and 95 feet where 110 feet would be the most conforming on the street. Staff finds that because a house existed in the past, the lots were legally formed, and the lot width would not be inconsistent with the area, the City has an obligation to support a lot width variance request when all other Zoning Ordinance requirements can be met. Staff finds that there is no hardship inlierent to the land to support approval of a variance for an accessory structure. Acknowledging that the building has been there absent a principal structure, the property must still come into full compliance during the rebuilding process. From staffs perspective, if a lot lends itself for construction of an accessory building in a conforming location, one should be permitted. If the lot exists where an accessory building can ’t fit in a conforming location, then it shouldn’t be permitted as there are never hardships to allow construction of buildings not considered necessities. Issues for Consideration 1. Are i.iere any negative impacts relating to the lot’s width, which could be minimized? 2. Are there any hardships to approve the accessory building variance? 3. Should the fact that the accessory building existed for some 20 years in this location without a principal structure, give weight to approval of the variance? Is this a hardship? 4. Arc there any other issues or concerns with this application? Staff Recommendation Approval of the lot width variance as the property is a legal record lot where construction of a residence isn’t prohibited when all other Zoning Ordinance standards have been met, subject to City Engineer approval of a grading plan prior to City Council approval. Demal of the variance to allow the existing accessory building to remain in a location closer to the street or front lo* line than the proposed residence as no valid hardship to the land has been demonstrated. 1 City of Orono Variance Application EXHIBIT A Street Address: 2750 Kelley Parkway Orono, MN 55356 Application # Date Recaivedi ^ifJi Main: 952-249-4600 fax: 952-249-4616 Mailing Address: P.O. Boxes Crystal Bay. MN 55323-0066 Amount Paid: ot Staff: Fee:S600 Renewal: $300 After-the-fact: S1.200 Double Fee This application form must be completed in full. App icant v/ill 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; 4V~7b /\h. ) D Property Identification Number (PIN): 07 - / / 7 - -^ 07 -/ / 7-^7-JV '/)/\ (Attach legal description to application if not included on the survey.) Date Property Acquired (month/year): _______Yes, I own the adjacent parcel^. Present use of property; 15^Residential □ Other Zoning District: L.^— ) 1^}__________ APPLICANT INFORMATION: (Complete legal ne.-£s and marital status required for each interested party) Name; _________________________________________________ Phone (home);___________________________Phone (work); __________________________ Address;_______________________________________________ Email:Fax; OWNER l.l^ORMATION: (Complete legal names E'.d marital status required for each interested party) Name; v-,) V> \Ot C-V.ST/i Phone (home); ^SO C Phone (work): (G^A^ (c^)-'9 L^C> 73"? Address: l•~<:t/V^V La\L0 (z;r^u:fiA< . 0 rOv'vOj- j Email; i\. \>\tLC o co. .w\/aI ! [A's Eax; DESCRIPTION OF REQUEST:Estimated Project Cost: $ Describe the request in detail (attach additional sheets if necessa^); _________________________ V'jg \oC(Q^i-pg»^ ri\,i iV ^1 ~(~y^>»■».!"• 0^ jPr*^r ^fl0 54 y REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. □ Pre-Application Meeting Form, completed by a City Planner. □ Completed Application Form □ Completed Hardship Documentation Form □ Certified Property Owners List - owners within 150’ of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department of Finance, Government Center, A-603 300 South 6“^ Street, Minneapolis, telephone 612-348-5910 □ Original Certificate of Survey (signed by a licensed surveyor), meeting all the 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 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 f denial of the request regardless of its pot^tial'morit. Applicant’s Signature; _____________ Date: Applicant’s Signature: Oa\.e: OWNER’S ACKNOWLEDGEMEN " 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 o^thisTe^est. Owner ’s Signature Owner's Signature;f)jA Applicant must have all submittal 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 tc have an authorized representative attend in place of the applicant and advise the City Planne assigned to your project. irr ^o v) 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. ! A tJiOStreet Address: Mailing Address: SMS'’’ C°sK MN 55323-0066 Meeting De,e,me: PC Dat0*. -7/JP / : : C* * I_________/ I • . • fr, ■ Main; 952-249-4600 Fax; 952-249-4616 ^e^aVpIicatiSn meJungl a complete proposal, inform them of the procXes and roquirlments of the city code, and identify policies or regulations that create opportunities or problems for the proposal. PROPERTY INFORMATION: Site Address:/ V ! I f Property Identification Number (PIN): 07- '• ^ Zoning District; Ll^. ’ I -0 Size of Property. —C-jL-J. DESCRIPTION OF REQUEST: □ Average Setback □ Side Yard Setback □ Rear Yard Setback D Hardcover D Lot Coverage /□ Other; 'll) CU r C ^ <r'- •• i ,.- lJ t □ Lot Area / / □ Front Yard Setback 'T3.Lot Width /■' / ^. / • • • '■ • Applican Initials jpt'e 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-i pplication meeting during which this form will be completed by City staff. Q>\ J^jl4Xclc2tiy<3i^ Date;Applicant Signature I r (T% I’-'• -r--' I- ‘f /I*9 I !cA-y EXHIBIT B Page 1 of 3 HARDSHIP DOCUMENTATION FORM This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statue Section 394.27, Subdivision 7 requires that a hardship be 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? w j u This form has 12 points outlining the basis City staff uses to detew ’e if a hardship exists and how the variance will affect the surrounding community. To prove a hardship, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance Is justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of these hardship criteria as they relate to the request (some may not apply): 1."The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls." }\•• ‘ '________■—. I / / I i > ' A / ■ •-L \ 2.The plight of the landowner is due to circumstances unique to his property not created by the landowner." ,, , . , \ • C'i I«** »*?/*, y* ^ f * i i t f ' f ./ 1 *. •/«‘A • • •• • • ./ 3."The variance, if granted, will not.alter the essentia! character of the locality." r <V. ■ • •• • ' ~f/'r < /• * . -------. f t ' I L ^ " V 4, "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." Ih A V. - ^ 7. \ ^ - • •> ' -f' 'C- _ I Page 2 of 3 5. 6. 7. 6. “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." -rllA-______________________________________ ■ > “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.” . 'll/A - 7%;^ r‘V.' f J • "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." ''fALl/'- "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." 9. 10. 11. “The conditions do not apply generally to other land or structures in the district in which said land is located.* . « y 0 ^ , V «r* ' . ' /. 'f • r ' r t \ / A •*' •* '• f ‘f * * t . . *• . t • . . #» • • • , u.-!li hi r-'- r'..' '‘-Z'-.- ' • "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the appljcant." r' '«'/ fit *' * } C • t • • ^ ./I,•* f % • / .. • »/ • r . / / - * ( : r I '(4 ;]<(■. '■ ••• 4 . "The granting of the proposed variance wiil not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Co^le.m • • • •/ ' ' /f'Q / S 4 . .V f'.'V rt /. -/ ry; < -7.-.P ir*T/uv'/r 1 ■'*// /f.'//.V/ V' . . -Vi’;'7;.v r ! r* — • / . . . EXHIBIT C \ ). , DWELLING ti <5»» SB|q •■• KZS3 v> ROCK 86 SO. FT. : V J;,\\y\''24.0 DWELLING AA Anti S 41*40‘26" W r i EAPJDCOVER CALCULATI0>* \VORXSruiET SETBACK ZOWS: (CIRCLE ONE) 0-T?250-500* Tr?agTTVG HARDCQVf^ ZONS A- Kcuse ________________ W;d:.H 7i V B. GaT3L£5 C Driveway X X D. Sidewalk X X E. Patio/Dcck X X m a F. Landscape Underlain By Plastic X X X G. Other TOTAL HARDCOVER IN ZONE total property area in zone CS_____ ■*• B " > /X 100 - ppnpOSgT> HARDCQ VT^p in zone A- House __ LcQflh Width B. Oarage C Driveway X X D. Sidcwulk X X E. PalioADcck X X • • * Underlain By Plasdc Q. Omer ^eV.\0oii total hardcover in ZON c _ TOTAL PROPERTY AREA IN A ■ * B X100 - EXHIBIT D 500-1000’ S-~. S-" c ^ S.r. S5. SJ^. s - S.F. S.F. S.F. S.F. SJ. S.F. O S.F. A ■nfi r"7 S.F. B ^ % 4TLL S.F. S.F. S.F. S.F. ■ • •S.F. 5^S.F. Si^. SJ. S.F. S.F. S.r. SJ. o.r . S.F. SjF. \ 7 S.F. 3 ' Vo •. r SXT3ACK ZONii (CIRCl-E ONZ) 0-TF HAPXCOVZR CALCULAlXUn ^^0-5:^75-Z£0'5co-:cco’ ^^cTTN-r: ?■ ^gp<::9v-a TV zo.u A. Kcu 3« . ----------------- uar-, X X A B. Garut C rrr/cw3Y D. Sidewalk X X E. Pado/Dedc X X F. Landscape ficvl»V*- ^^>Shl Underlain ---------------------- By Plastic_______—-------- X X X O. Other total hardcover in zone TO^I^^TY AMA IN ypnpQSEl ^ ff^gncovF.R TT* ZOHE A. House —------- Leocm Width X X X B. Garage C, Driveway X X 5QA C T 9,Q2- g-F. s.?. 'q r D. Sidewalk X X E. Patio/Deck X X C T • • ■■—-•“r Ur.deriaia By Plasdc X X X O. Other ReV total KAXSCOV sS. in zone _ t ^ 7:1 SJ. S.r. _AS£l_s-*"s^. \ \ 4 S.F. Sx. S^. S.F. ‘'3.51*7 S.F. A 3aiS23Zs.F. B 5,33^ S.F. ^.O g, S.F. ________.SJF, S.F. % ♦ / S.F. • S.F.— <- /SJF. Si^. •3r*'A S.F. 1 i S.F. S.F. Si^. o*ir • c rrw** • ?>r'i+t3^_S.r. n.c.^•• S.F ^r>' f,i *5 Sx. -pv^.oP.% w X H W I --------------------^ /■ tv.'; w H ^ l?i,00|^ PLA ctJ • t f r •1^: =•> i;NfK6fliVAr&p /Vft>V£) (OPI fioop' I .... vv^rTv-' ' N : •;, **• •*V^V- wV y, ■ %*r--'-'' ..rv.'r . >•' .H -.vr " jr *t *:. -■ 1" iP * '-^■Vv\v..,,v*. *■' 'I ‘ ‘ * ■ - ■'^ ’ Subject Property V' yv \ ■ // ^ '• %r'' ••?/ . if ' .i.;: ' ■ ;S '•'ig'' •* ■ V . ' ./ ', *' • < *4 * .V. »•A- .• m: *t' • r .. ■‘"k ’ « » » 'v'\ <r>. \ i '^V': i I >. -••• \* .* \ .#1% »3 RUN DATE: la 38 07 J1723140005 ROPADDR 4445 FOREST LAKE LANDING •WNER NAME TIMOTHY MARK LEM8KE AXPAYBR TIMOTHY M LEMBKE IAMB/ADDR 4445 FOREST lake landing mound MN 55364 38 0711723240016 ROP ADOR 4450 forest LAKE LANDING IWNERNAME RLRVAWOlii VOVAYER ROBERTL* VELMA A WOLfP IAME/ADDR 4450 FORESTl^ landing mound MN 55364 38 07U723240024 AXPAYBR JON A GAIL BLACKSTONE IAME/ADDR <<65 FOREST LAKE LANDING mound MN 55364 38 0711723240018 •ROPADDR 4465 FOREST LAKE LANDING >WNER NAME JON D BLACKSTONE CT AL 'AXPAYER JON D BLACKSTONE 4AME/ADDR 4465 FOREST LAKE LANDING mound MN 55364 38 0711723240042 ‘ROPADDR 4480 FOREST LAKE LANDING 3WNERNAME LOREN F SCHOENZEIT ET AL TAXPAYER LOREN F SCHOENIEIT 4AME/ADDR 6416 TIMBER RIDGE EDINA MN 55439 HENNEPIN COUNTY PROPER IFORMATION SYSTEM PROPERTY OWN... LIST \CC: I 38 0711723240007 PROPADDR 1186 WILDHURSTTR OWNERNAME B D RASMUSSENS J RASMUSSEN taxpayer br :an d & sandra j asmi k «pn NAME/ADDR 1186 WILDHURSTTR MOUND MN 55364 38 0711723240017 PROPADDR 4440 FORESTUKELANDING OWNERNAME TLINE&LLINE taxpayer TIMOTHY &LORIEUNE NAMETADDR 4415 FOREST LAKE LANDING MOUND MN 55364 38 0711723240027 PROP AODR 1146 WILDHURST TR OWNERNAME ACE PROPERTIES LLC taxpayer ace PROPERTIES LLC NAMt/ADOR 5465 STATE HWV NO 169 N PLYMOUTH MN 55442 38 0711723240040 PROP ADDR 4470 FOREST LAKE UNOING OWNERNAME SEPRAWER «JCPRAWER TAXPAYER STEVEN E PRAWER NAMO/ADDR 83I3WFRANKUN ST LOUIS PARK MN 55426 38 071172)240044 PROPADDR 1134 WILDHURSTTR OWNERNAME MICHAELS WEAR&BRITS WEAR taxpayer MICHAELS WEAR NAME/ADDR 1134 WILDHURSTTR mound MN $5364 38 0711723240015 PROPADDR 4460 FOREST LAKE I.AND1NO OWNER NAME P V MARTINSON/I M MARTINSON PETER VMAPTINSON 4450 FOREST LAKE LANDING mound MN 55)64 TAXPAYER NAME/ADDR 38 071172)240023 PROPADDR 4475 FOREST LAKE LANDING OWNERNAME j BLACKSTONE&G BLACKSTONE Yxxpa YER JCN a GAIL BLACKSTONE NAME/ADDR 4465 FOREST LAKE LANDING MOUND MN 55364 18 0711721240037 PROPADDR 4455 FOREST LAKE LANDING OWNERNAME SWAMJERIKSON TAXPAYER SANFORD A MARGARET ERIKSON NAME/ADDR 4455 FOREST UKE. LANDING MOUND MN 55364 38 071172)240041 PROPADDR 1090 WILDHURSTTR OWNER NAME BRADLEY J A JUDfrU A LARSEN TAXPAYER BRADLEY J A JUDITH A LARSEN NAME/ADDR '090 WILDHURST TR MOUND MN 55364 OFMVKNOWlEDOE/.NDBfiUEF.^^^^^^ 7/ H J’^P •'•ii .'Ti;..H'3 i..Ivr-.v-y 0 n X I Hennepin Hennepin County Taxpayer Services Department Parcel Information Xireel ID 0711723240023 House Number 4475 Street Name FOREST LAKE LANDING This Is not a legally recorded map. II represents a compilation of information and data from Oty, County, and State road authorities end other sources. . ^ > Date Application Received: 09-20-04 Date Application Complete: 10-04-04 60-Day Review Period Expiration: 12-04-04 NUV 8 2004 CIlYOl- GHONQ REQUEST FOR COUNCIL ACTION Date: November 4,2004 Item No. Department Approval: Administrator Approval: Agenda Section: Name: Melanie Curtis I ill Title: City Plaimcr VA^_______________________________________________ Item Description: ^ • 04-3055 - Mark Ritter on behalf of Dr. Martha Spcnccr- 1005 Willow Dr S - Variances Zoning District: RR-IB, One Family Rural Residential, 2 acrcs/200’ width Lot Area: 95,002 s.f. (2.2 acres) Lot Width: 260 ’ measured at a line parallel to the shore List of Exhibits: A. Council Report dated 10-20-04 B. PC Action Notice dated 1 0-20-04 C. PC Memo & E,xhibits of 10-08-04 D. Draft PC Minutes of 10-18-04 E. Draft Council Minutes of 10-25-04 Application Summary: During the summer of 2004,0-75’ setback hardcover (8% where 0% is normally allowed), and lake setback variances were granted to this property in order to convert concrete patios to decks within the 150 ’ structure setback from the Ol lWL of luench Lake as the home and patios existed prior to the adoption of the Shorcland ordinance requiring the 1 50’ setback. The applicant is requesting a hardcover variance for 1 1.7% hardcover within the 0-75’ setback where 0% is normally allowed and 8% was previously approved in order to construct a gazebo and install paved walking paths, and a lake setback variance to construct the gazebo 22 ’ from the OlIWL where a 150' setback is required and a 45’ setback currently exists (decks). During discussions with the Planning Commission and Council the applicant has stated that there is a 10.5 ’ X 25 ’ dog kennel on the property which was not included in the hardcover calculations for this or the previous application .staff feels that this is further justiOcation for why the variances should not be granted and the Council should discuss whether or not to amend the previous variance approval or require the applicant to remove the 262.5 s.f. kennel in order to achieve the 8% level approved with the 2004 variance. Planning Commission Recommendation On October 18,2004, Planning Commission voted 7-0 to recommend denial of the hardcover and setback variances based on lack of sufficient hardship. Date Application Received: 09-20>04 Date Application Complete: 10-04-04 60-Day Review Period Expiration: 12-04 04 REQUEST FOR COUNCIL ACTION Date: October 20.2004 Item No. Department Approval: Name: Melanie Curtis Title: City Planner Administrator Approval:Agenda Section: Item Description: #04-3055 - Mark Ritter on behalf of Dr. Martha Spencer - 1005 Willow Dr S - Variances Zoning District: RR-IB, One Family Rural Residential, 2 acrcs/200’ width Lot Area: 95,002 s.f. (2.2 acres) Lot Width: 260’ measured at a line parallel to the shore List of Exhibits: A PC Action Notice dated 10-20-04 B - PC Memo & Exhibits of 10-08-04 C - Draft PC Minutes of 10-18-04 Application Summary: During the s jmmer of 2004,0-75’ setback hardcover, and lake setback variances were granted to this property in order to convert concrete patios to decks within the 150’ structure setback from the OUWI of French Lake as the home and patios existed prior to the adoption of the Shorcland ordinance requiring the 150’ setback. This current application was intended by the property owner to be included with the previous request for the decks but was never submitted lo the City for review. At this time the applicant is requesting a hardcover variance within the 0-75’ setback in order to construct a gazebo and install paved walking paths, and a lake setback variance to construct the gazebo 22 ’ from the OHWL where a 150’ setback is required and a 45’ setback currently exists (decks). Planning Commission Recommendation On October 18,2004, Planning Connni ,sion voted 7-0 to recommend denial of the hardcover and setback variances based on lack of sufftcient hardship. Planning Staff Recommendation Denial of the variances per Planning Commission recommendation. COUNCIL ACTION REQUESTED Direct staff to draft a denial resolution for adoption at your November 8'*' meeting. CITY OF ORONO 2750 Kelley Parkway PO Box 66 Crystal Bay, MN 55323 952.249.4600 ZONING FILE 04-3055 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE; October 20, 2004 TO: Mark Ritter Exterior Design Studio 5780 Lincoln Dr. #125 Edina, MN 55436 COPIES: Dr. Martha Spencer 1005 Willow Drive S Wayzata, MN 55391 TYPE OF REQUEST; Variances DATE OF MEETING: October 18, 2004 Planning Commission voted to deny lake setback and hardcover variances as follows: VOTE:7 FOR 0 AGAINST Applicant’s next scheduled meeting is confirmed as; City Council - Monday. October 25, 2004 - Meeting starts at 7:00 pm If you desire certified copies of the official Planning Commission minutes, they arc available from the City Recorder alter review and approval by the Planning Commission. If you have questions, please call City Planner, Melanie Curtis at 952.249.4627. II II iiiiaii^i^aaiilrfiy FILfc #04-3055 8 October 2004 Page 1 of 4 Dale Application Received: 09-20-04 Date Application Considered as Complete: 10-04-04 60-Day Review Period Expires: 12-04-04 To:Chair Rahn and Planning Commission Members Ron Moorsc, City Adminislrator From: Date: Subject: Melanie Curtis, City Planner October 8,2004 04-3055, Mark Ritter of Kxtc'ior Design Studio for Dr. Martha Spencer, 1005 Willow Drive S, -Variances -Public Hearing Zoning District: RR-IB, One Family Rural Residential District 200’ width & 2-acrc minimunis Lot Area: 95,002 s.f. (2.2 acres) Lot Width: 260* measured at a line parallel to the shore Application Summary: The applicant is requesting a lake setback variance to allow a gazebo within 150 ’ of the OHW! on a natural environment lake and a hardcover variance within the 0-75’ setback zone in order to construct tl;e gazebo and paved walkways._____ Staff Recommemiati^n7~V\mn\n^ Department Staff recommends denial of the variances as requested. Haniship: There is no hardship to support further encroachment of the OWHL or increase in hardcover. ___________________ Pertinent Zoning Ordinance Sections See. 78-1217. Cla.ssification of public waters. I hc public waters of the city have been classined below eonsi.stcnl with the criteria found in Minnesota Regulations, part 6120.3300, and the protected waters inventory map for OllWl. (feel)Protccicil Waters Inventory I O # (II Natural Environment (NE) lakes 1 nkc Classen 974 5 162-P Oickcy Lake 985 5 IM-W French Lake (South Hasin only)930 0 I4(M» ___ FILE #04-3055 8 October 2004 Pago 2 of 4 Sec. 78-1279. Placement of structures on lots. Wlicn more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Structures shall be located as follows: (1) Structure and on-site sewerage system setbacks (in feet) from ordinary high water level:________ Public Water Classiricalion m RD on Tributary Setbacks Structure Unsewered 150 too 100 Sewered 150 Sewage Treatment System 150 See. 78-1288. Hard cover limitations. (a) No hard cover or impervious surface shall be placed, located or constructed within 75 feet of the ordinary high water level of any lake or tributary, except for stairways, lifts, landings and lockboxes as regulated elsewhere in this Code. (b) Between 75 feet and 250 feet of the OHWL. there shall be no greater than 25 percent hard cover. Between 250 feet and 500 feet of the OHWL there shall be no greater than 30 percent hardcover. Between 500 feet and 1,000 feet of the OHWL there shall be no greater than 35 percent hardcover. List of Exhibits A. Application B. Hardship Documentation Form C. Pre-Application Meeting Form D. Existing & Proposed Survey/Site Plan E. Submitted I lardcover Calculations F. PC Report, Council Memo & Resolution from previous variance 2004 G. Propeily Owners List II. Plat Map Background The existing home at 1005 Willow Drive South is located entirely within the 150’ structure setback for French Lake, a natural environment lake. Addition 'ly, half of the home is located within tlic 75 ’ setback from the OHWL of French Lake. .Any additions or alterations to the existing home would require a lake setback variance, a hardcover variance or both. In June 2004, lake setback and 0-75’ hardcover variances were granted in order to construct decks over existing patio hardcover resulting in a slight reduction in hardcover within the 0-75’ /one. I'he applicant has advised staff that the carrent request was intended to be part of the previous variance application but the City did not receive any of the information regarding this portion of the proposal. FILE #04-3055 8 October 2004 Page 3 of 4 LOT ANALYSIS WORSHEET Lot ArcaAYidCh; RR-IB I/Ot Area Lot Width Actual 95.002 s.f. (2.2 acres) 260 ’ (parallel to shore) Setbacks: RR-IR Required Existine Tro posed (..akeshorc 150’ {Natural Environiiienl Lake) House 50’+ from OllWL Patio 45 ’± from OHWL House 50’+. from OHWL Deck 45 ’+ from OHWL Rear 50’si.r 57.7 ’ North Side .10’92.7 ’92.T South Side 30 ’90’90’ Average Lakeshorc No encroachment No encroachment Structural Coverage: The property exceeds 2 acres, tiuis structural coverage is not considered. Hardcover Calciilationx: Hardcover Zone Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover 0-75 19,984 s.f.Os.f (0%) 1,532 s.f* (7.7 %) 2,338 s f (11.7 %) 75-250 22,847 s.f.5,711 s.f (25%) 4.260 s.f* (18.7 %) 4,260 s.f (18.7 %) * After cxelusion of fabric or plastic-lined landscape beds Lake Setback Variance French Lake is a Natural Environment lake which has a setback requirement of 150’ from the OllWL for all structures. The existing home is located entirely within the 150’sctback with the closest part approximately 50’ from the OHWL. Hardcover Variance The existing home is located approximately 50’ from the OWllL and the newl> constructed decks arc set back 45’. The total hardcover existing is 8% hardcover within the 0-75’ setb.ack. Ihe applicant is proposing an increase in hardcover for the 0-75’ setback of 4%. With the previous variance approval the applicant was required to remove all fabric from the landscape areas which would result in a 75’-25' ’ setback zone hardcover below the allowed 25% at 18.7%. Hardship Statement Applicant has completed the Hardship Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. FILE #04-3055 8 October 2004 Page 4 of 4 Hardship Analysis In considering applications for variance, the Planning Conuntsslon shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Plannhig Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and shall recommend approval only when It is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. The home was constructed prior to the adoption of the Shoreland Overlay Ordinance (1992) which identified French Lake as a natural environment lake requiring a 150’ setback. Prior to adopting the Shoreland ordinance the home was in a conforming location, as it v>*as only subject to a 26* wetland setback at that time. Staff finds that due to the location of the existing home and patios, tliere was a valid hardship for granting the lake setback and hardcover variances for the conversion of concrete patios to smaller decks. The resolution granting these variances stated on page 3 of 5 item #2 "...any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover". However, staff does not find that there is a hardship to Justify granting lake setback and hardcover variances for the gazebo or walking paths proposed witli this application. The gazebo could be relocated to a conforming location on tlie property and the walking patlis are not necessary in order to access the property. Issues for Consideration 1. Does the Planning Commission feel that the gazebo and walking paths are a property right of the applicant? 2. Are there any other issues or concerns with tliis application? Staff Recommendation Planning Staff recommends denial of the variances as requested as there is no hardship present to support the request. 1 City of Orono Variance Application &me>\r a Sfreof Address: 2750 Kelley Parkway C'ono, MN 55358 Main: 952-249-4600 fax: 952-249-4616 Mailing Address: P.O. Box 66 Crystal Bay. MN 55323-0066 Application #CXJ-30SS Date Received; Amount Paid: Staff: kAf Fee: S600 ______ Renewal: $300 __________ AfteMhe-fact. $1,200 Double Fee k mnioiaH in full Aoc cant will be notified within 15 days as to the status of the «>" "o‘ »e placed on Planning Commission Agendas. PROPERTY INFORMATION; ^ . ,.i<L Site Address:_______IQQA -— ------------------------------------------------------ Property Identification Number (PIN):----------^^-------------------------—------------------------------ ial HO;present use oi piwpcuy. « • Zoning District; 9^9. applicant INFORMATION: (Complete legal nsres and marital status required for each interested party) Name: __ -------g.^-U.ricr Email: ^ o OWNER INFORMATION: (Complete legal names c*d marital status required for each interested party) Warn©* Wwr V^^ ^of _________________—----------■;----------------------------- Phone (home): ---------------- P^^o^t® (work): _JUA Address: Email; \0 *b tA> \ ^ Ay/A lO^fv/xO . A1«\J NjA DESCRIPTION OF REQUEST: Estimated Projec. Cost. $ — Describe the request in detail (attach additional sheets if necessary): --------------^------- ------- loJLc. .p jto iwm:! C-,ou> ^ero» cc. c^cnr ------- rva*^^\>Q -V ----------------—--------------------------- L ir rr. vr. ;v r -\r.- ! ^ -■ « •i e- .W.V.' V . ..k, 4. < i * ' » .•* 'i-t • ^ ■ r ] 1 REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. □□□□ □□ □□ Pre-Application Meeting Form, completed by a City Planner. Completed Application Form Completed Hardship Documentation Form Certified Property Owners List - owners within 150 ’ of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department of Finance, Government Center, A-603 300 South Street, Minneapolis, telephone 612-348-5910 Criginal Certificate of Survey (signed by a licensed surveyor), meeting all the requirements listed within this packet, including hardcover calculations. Also provide one copy 8.5" x 11 ” or 11" X 17" for reproduction. Completed hardcover calculation worksheets (as provided within the variance packet). Topographic survey - including existing and proposed elevations. Provide one copy 8.5” x 11" or 11" X 17" for reproduction. Sketches or plans of floor and elevation views (provide one copy 8.5" 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 reviev/ 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 regardli»srtSf its pgjt^nti.aLnwttr Applicant’s Signature; Applicant’s Signature: Date: Date; OWNER’S ACKNOWLEDGEMENT: The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents. Commission & Council Members for purposes of investigation and verification of this request. Dale; Date: !o Y Applicant must have all submittals into the City offices 25 days before the Planning Commissior Meeting. Planning Commission Meetings are normally held on the third Monday of each month Applicants must be present at all scheduled review meetings of the Planning Commission anc Council. If an applicant is unable to attend a scheduled meeting, please make arrangements tc have an authorized representative attend in place of the applicant and advise the City F’lanne assigned to your project. r • r •» }< r 0^ . e- Hardship Documentation Form 1. “The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls.” The official control for this property will not allov.' the homeowner to create a safe environment. After 22 yrs of living at this residence it is not as easy to get around the yard so we would like to correct the slope with walkways with steps and a patio that will create level areas to walk and sit for the enjoyment of the property. Also, with all of the diseases insects carry, a screened gazebo is to be built to create a safe area away from the insects of the wetland area. 2. “The plight of the landovmer is due to circumstances unique to his property not created by the landowner.” True, the existing grade of the property is unsafe and unusable fci lamily activities. 3. “The variance, if granted will not alter the essential character of the locality.” We are still allowing the property to retain the natiual character cl what exists; we arc creating an area for the homeowner to enjoy the beauty of nature. 4. “Economic cotrsidcrations alone shall not constitute an undue hardship if reasonable use for the property exists under the tcmis of the Zoning Chapter. ’ 0% hardcover docs not allow us u.sc of the backyard, for the fact of grade changes and an unsafe and unu.sablc environment due to insects Irom the wetland area. 5. “Undue hardsliip also ;ncludcs, but is not limited to. inadequate access to direct sunlight for solar cnerity 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.” N/A 6. “Tlic Roard of Appeals and Adjustments or the Council may not permit as a variance any use that is net permitted under this Chapter for property in the zone where the affected person’s land is located.” No, it is not. 7. ‘The Board or Council may permit as a variance the temporary use of a one- family dwelling a.s a two-family dwelling.” N/A 8. “ I hc special conditions applying to the structure or land in question are peculiar to such property or inunediatcly adjoining property ’.” T The conditions are applying toward the property itself. 9. “The conditions do not apply generally to other larid or structures in tlie district m which said land is located.” True, the conditions are applying to the property in question itself. 10. “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.” We are creating a safer, more functional environment so the homeowner is able to enjoy, be comfortable and safe in their yard. 11. “The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty.” The right of a homeowner is to have use of all parts of their property, with the existing situation the homeowner docs not feel safe in using their yard. We are plamiing on giving the homeowner a safe and enjoyable place to spend their time. Statement Wliat we are trying ‘.o do is create a safe and enjoyable environment for the homeowner and their family. How we are planning on doing this is, with the steep slope that is on the side yards it makes it difficult, to almost impossible, to walk from the front yard to the back yard. What we propose to do is create walkways with steps that will allow the homeowner to move freely about the yard. The existing patio is not functional because of its size; it is too small for enjoyment during family gathcrings/social events. So we are proposing a new seating area so the family may enjoy their time outdoors. Due to the fact the property is located on a wetland area, it is a known fact insects arc plentiful. To stay safe from the diseases insect carry we are proposing the use of a screened in gazebo. This will provide a safe environment where the homeowner can sit and read and enjoy her back yard without the worries of disease carrying insects. ■—*<*»* 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; ____Street Address: Mailing Address: 2750 Kelley Parkway P.O. Box 66 _ . ^ ^ Orono MN 55356 Crystal Bay. MN 55323-0066 Meeting Oate/Time. ’ PC Dale; /! I ‘‘A Main; 952-249-4600 Fax; 952-249-4616 procedures and requirements of the city code, and identity policies or regulations that create opportunities or problems for the proposal. PROFCRTY INFORMATION: . , ^ Site Address: IQO^y \A/! iUh.O Property Identification Number (PIN): ________ Zoning District: Pd____Size of Property.'A . V- /> C t- Cf, description OF REQUEST: □ Average Setback □ Side Yard Setback □ Rear Yard Setback ^SlHardcover 0~ D t-ot Coverage □ Lot Area 'q Other: □ Front Yard Setback □ Lot Width_ ____ I i-uirMca —-------------------- f /A Ha. a hrt. r A cp_ 11/t irA /i lA'i -If .htxhfi, «(iA.Hr, rrvn I..//iprd(h __J_£}A1 l L^1- Applicant’s Initials: 01 HER 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 with their formal variance application. ‘Pleas© note: Your variance application will NOT be accepted without a pre-application meeting during which this forjjwmil lie completed by City staff. Applicant Signature:__________________________________ rn '■’if:x NhiC - . -Vi .V hi C:i'i \ If . II : -t X f ' t L ..*■ '■ •A 'i ^ ^ T- sM&iN»naiM ir«i»^.MWiP<s fiM(mi«fiiiM rMcmtcMim hmwwm. ExUriot Dtsign Sttufia I, I -T' iHurnft k|HiAvii.aM OKlfT • iMvaZr •« IM i# ia Imb I D & Vr -2. CfUFHfC SCALE ) U V t A C1.A1 aUi”! V7 U«JOJCLT-Jl. i SETBACK ZO^■Z: (CIKCLS O.NZ)/^ O-TF 75--£0' yyiSTTN'ft ri^.CQVTf^ !>»• ZON-: A Kcuse_______________«##% (5X- e Z50-£-:0* 5v0-lG00’ //"■?_^ 7 Lsnr.^: X X s KS 5J. c.r. 1 r B. Con«« C. Driveway X X ss K S.r. SJ^. D. Sidewalk X X isi SP. S.F. E Paiio/Deck X X SJ*. S.F. F. Landscape Underlain By Plastic X X X S.F. S.F. Si^. G. Other ileSl S.F. TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE + B ____X 100 V7 -tin- S.F. A S.F. B % PROPOSED HARDCOVER TN ZONE A. House %S.F. LeagMi Width X X B. Garage C Driveway X X S.F. S.F. S.F. X X D. Sidewalk X X vt •iy S.F. S.F. S.F. S.F. SJ. E. Pado/DccL X X S.F. S.F. p. Landscape Underlain By Plastic X X X G. Other S.F. S.F. S.F. SJ. total hardcover in zone TOTAL PROPERTY AREA IN ZONE ♦ B ____X 100 - ^SJ. A IZS-F. B *- r j * f’ t. A. • ^ a* V V■ • • • ^ t r ,' •. t * A- f V r 5/«.5'/b'^ iaut M CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 ZONING FILE 04-3030 NOTICE OF COUNCIL ACT ION E ATE OF NOTICE: July 27,2004 TO: Craig Lagorio COPIES:Dr. Martha Spencer 7155 Cahill Rd 1005 Willow Drives Edina, MN 55439 Waj'zata, MN 55391 TYPE OF APPLICATION: Variances DATE OF MEETING: July 26,2004 VOTE:5 FOR 0 AGAINST Motion: To approve per the findings and conditions of the resolution previously mailed to you. Please arrange to sign the 3 originnl resolution copies at the City Offices (Monday through Thursday, 7:30 to 5:00 and Fridays 7:30 to 11:30). All persons with an interest in the property must sign the resolutions. Variance approval is limited to the extent shown on approved plan and as noted in the approval resolution. Changes in appr&v pLv>.’: are subject to further review by the City. Variance approval expires one year after date of approval. A building pennil must be obtained no later than July 26, 2005. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. If you have questions please call Melanie Curtis, City Planner, at 952.249.4627. i Dale Application Received: 06-03-04 Date Application Considered as Complete: 06-29-04 60-Day Review Period Expires: 08-30-04 REQUEST FOR COUNCIL ACTION Dnte: July 22,2004 Item No Department Approval:Administrator Approval: Name: Melanie Curtis Title: City Planner Agenda Section: Zoning Item Description: U04-203Q - Craig Lagorio for Dr. Martha Spencer, 1005 Willow Dr S Variances - Resolution _______________ Zoning District: Lot Area: Lot Width: RR-IB, Single Family Rural Residential, 2 acre/200’ 2.2 acre 260’ @ shoreline List of Exhibits: A - Resolution per Plamiing Commission Recommendation B — PC Action Notice dated July 20, 2004 C - PC Memo & Exhibits of June 29, 2004 Application Summary: The applicant is requesting a lake setback variance to allow grade level decks within 150’ of the 011WL on a natural environment lake and a hardcover variance for 8.0% hardcover within the 0-75’ setback zone where 0% is normally allowed and 9.2% exists in order to construct lakeside decks over existing patios^_________________________ Planning Commission Recommendation On July 19,2004, Planning Commission voted 7-0 to recommend approval of the lake setback and 0- 75 ’ hardcover variances. Staff Recommendation Approval per the attached Resolution. COUNCIL ACTION REQUESTED Adopt or amend tlie attached resolution. ■ TTir— aMirriMMiaMy A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-1279 SUBDIVISION 1 AND 78-1288 SUBDIVISION A FILE NO. 04-3030 WHEREAS, Martha Alice Leigh Spencer, a single person (hereinafter “the applicants”) is the owner of the property located at 1005 Willow Drive South within the City of Orono (hereinafter the “City”) and legally described as follows; Attached as Exhibit A, (hcreinafte-- the “property”); and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 Subdivision 1 to allow construction of lakeside decks 45’ from the OI4W1. where a 150’ setback is normally required and the existing house is set back 50’ front the 011WL; and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1288 Subdivision A in order to allow a 0-75’ zone hardcover level of 8% where 0% is normally allowed and 9.2% currently exists in order to construct lakeside decks over existing patios within 75’ of the OHWL. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Mitmesola; FINDINGS 1. 2. This application was reviewed as Zoning File #04-3030. The property is located in the RR-IB, Rural Residential Zoning District which requires a minimum lot area of 2 acres and a minimum lot width of 200’. The applicant’s property is 2.2 acres in area with approximately 260’ of svidth measured at the shoreline. Page 1 of5 ■ •'n M' 3. The Planning Commission reviewed this application at a public hearing held on July 19, 2004 and recommended approval of the variances based on the following findings: a. French Lake is a Natural Environment lake which requires a 150 ’ setback from the OHWL. b. The existing home is located approximately 50 ’ from the OHWL, entirely within the required 150 ’ setback. c. Prior to the adoption of the Shorcland Ordinance in 1992 establishing a 150' setback from Natural Enviromnent lakes, the home was subject to only a 26’ wetland setback, at which time all structures were in a conforming location. d. The applicant has proposed to a net reduction of 1.2% hardcover witliin the 0-75 ’ zone. 4. The City Council has considered this application including the findings and recommendation of the Plaiming Commission, reports by City staff, conmrents by the applicant and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Sections 78-1279 Subdivision 1, and 78-1288 Subdivision A to allow hardcover within the 0-75 ’ setback zone of 8% where 9.2% currently exists and a lake setback variance to allow decks to be set back 45 ’ from Page 2 of 5 the OHWL of French Lake where 150’ is normally required, subject to the following conditions: 1, Council approval is based on the site plan submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibit B. 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 8% or 1,604 s.f.. Hardcover in the 75’-250’ zone shall be limited to 4,260 s.f. or 18.7% per the proposed plan and hardcover allowance summary as depicted on Exhibit B. Applicant is advised that any future requests to increase hardcover or change the nature of cxisting/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. Applicant shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. 4. Required removals of .structure and hardcover shall be completed by the footing inspection for the jiroposed decks. 5. Authorities granted by this resolution run with the property not with the applicant, 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 on that date (July 26.2005). 6. Violation of or non-compliance with any ol 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. Page 3 of 5 . .. Adopted by tlie Orono City Council on the 26”’ day of July, 2004. ATTEST: I { Linda S. Vee, City Clerk Barbara A. Peterson, Mayor i Property Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 26”’ day of July, 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Miiuiesota municipal corporation and said instrument was e.\ecuted on behalf of the City. Notary Public Page 4 of 5 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this — day of 2004 by Linda S. Vec, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this by Martha Alice Leigh Spencer, a single person. day of ,2004 Notary Public Page 5 of 5 c5 Lb 04009S 10/117/23 JLM DESIGN BUILD jtuVANCE SURVEYING & ENGINEERING C MN 55345 PHooc (952) 474 7964 F» (952) 474 8267 SURVEY FOR:jlm design evil SURVEYED: March, 2004 DRAFTED: March 11.2094 JSS.X"'“ - if necessary, to make sure that it is “ We^ow a legal description on our sun ey that standard <= * rONVENTIONS: ___ „ ofterwi* »»'«»• ?lTn-~^;ri77» ID nipc with plMiic plug benng Slate License IMirac :y:,-vr#P 'I. ' L'' v ’ * .• ■' ‘ \ ^ V, ’ CITY OF ORONO 2750 Kelley Parkway PO Box 66 Crystal Bay, MN 55323 952.249.4600 ZONING FILE 04-3030 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: July 20,2004 TO: Craig Lagorio 7155 Cahill Road Edina, MN 55439 COPIES: Dr. Martha Spencer 1005 Willow Drive S Wayzata. MN 55391 I TYPE OF REQUEST: Lake setback & Hardcover Variance DATE OF MEETING; July 19,2004 Planning Commission recommended as follows: Anprnvfll of the proposal as submitted with removal of all plastic & fabric landsca pe liners: VOTE:7 FOR 0 AGAINST Applicant’s next scheduled meeting is confirmed as; City Council - Mond ay, July 26,2004; Meeting starts at 7:00 pm __________ If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. If you have qvrestions. please call City Planner, Melanie Curtis at 952.249.4627. f FILE *04-3030 29 June 2004 Pago 1 of 4 Dale Application Received; 06-03-04 Date Application Considered as Comptcie; 06-29-04 60-Day Review Period Expires: 08-30-04 To:Chair Rahn and Planning Commission Members Ron Moorse, City Administrator From: Date: Subject: Melanie Curtis, City Planner June 29,2004 04-3030, Craig I^gorio for Dr. Martha Spencer. 1005 Willow Drive S, -Variances -Public Hearing Zoning District:RR-IB, One Family Rural Residential District 200* width & 2-acrc miiiiniunis LiOt Ai rat Lot Width: 95,002 s.f. (2.2 acres) 260 ’ measured at a line parallel to the shore Application Summary: The applicant is requesting a lake setback variance to allow grade level decks within 150 ’ of the OHWL on a natural environment lake and a hardcover variance within the 0-75 ’ setback zone in order to construct lakeside decks over existing patios.___________________________ __________________________ Staff Recommemlation: Planning Department Staff recommends approval of the variances as requested. Hardship: The existing home is located entirely within the required 150' lake setback and ha lf is located within 75 * of the OWIII,____________________________________ Pertinent Zoning Ordinance Sections Sec. 78-1217. Cla.ssification of public waters. The public waters of the city have been classified below consistent with the criteria found in Minnesota Regulations, part 6120.3300, and the protected waters inventory map for the county OIIWl. (fed)Protected Watcis Inventory 1 D H tl)Natural Environutent (NE) lakes Lake Cta^^rn 974 5 162-P Dickcy Lake 985 5 161-W ->French Lake (South Basin only)930 0 I40-I ‘ FILE #04-3030 29 June 2004 Page 2 of 4 Sec. 78-1279. Placement of structures on lots. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Structures shall be located as follows: (1) Structure and on-site sewerage system setbacks (in feet) from ordinary Setbacks 1 Sewage Public Water Structure Treatment ClassiFication Unsewered Sewered System NE 150 150 150 RD ^too 75 75 GD 75 75 75 Tributary 100 75 75 Sec. 78-1288. Hard cover limitations (a) No hard cover or impervious surface shall be placed, located or constructed within 75 feet of the ordmary high water level of any lake or tributary, except for stairways, lifts, landings and lockbo.xes as regulated elsewhere in lliis 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. List of Exhibits A. Application B. Hardship Documentation Form C. Existing & Proposed Survey/Site Plan D. Submitted Hardcover Calculations E. Aerial Photo F. Property Owners List G. Plat Map Background The existing home at 1005 Willow Drive South is located entirely within the 150’ structure setback for French Lake, a natural enviroiuncnt lake. Additionally, half of the home is located within the 75 ’ setback from the OHWL of French Lake. Any additions or alterations to the existing home would require a lake setback variajice, a hardcover variance or both. Tire applicant has proposed to construct decks over existing patio hardcover resulting in a sliglil reduction in liardcover within the 0-75’ zone. The property is surrounded by mature trees. f RLE«04-3030 29 June 2004 Page 4 of 4 Hardship Analysis In considering applicat'ons for variance, the Planning Conunission shall consider the effect of the proposed variance upon 'he health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. The home was constructed prior to the adoption of the Shoreland Overlay Ordinance (1992) which identified French Lake as a natural environment lake requiring a 150’ setback. Prior to adopting the Shoreland ordinance the home was in a conforming location, as it was only subject to a 26’ wetland setback at that time. Staff finds that due to the location of the existing home and patios, there is a valid hardship for granting the lake setback and hardcover variances. Hardcover within the 0-75 ’ setback will decrease as well. Issues for Consideration 1. Will the new decks over existing patio areas have any negative visual impacts as viewed from the lake? 2. Arc there any other issues or concerns with this application? Staff Recommendation Planning Staff recommends approval of the variances as requested with the following provision; 1. Removal of all fabric and plastic landscape liners. WAY. 7.20041 4:45PM 352«-' >PE0S ENOO 952 993 176 li landscape c _________Variance Application NO. 502 ?. 71 02 P'l'MkMIX Straet Address: 2760 Kelley Parkway Oranu, MN 66366 Main: 652*249-4600 fax: 952-249-q8l6 Mdlling Address: . P.O. Sox 66 Crystal Bay, MN 553234066 Application It OM’**' Date Reeek/ed: /VifI opd^ Amount Paid: /Amount Paid: Staff: Fee: $600 Renewal: $300 After-the-fact $1.200 Double Fes This application form must be completed in full. AppTcanl 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: /ooy ^ Property Identification Number (PIN):/> //yz?/i. (Attach legal daacrlptlon to application If not included on the survey.) Date Property Acquired (month/year): /) □ Yes, I own the adjacent parcels. Present use of property: ^Residential □ Other Zoning District: _________________ APPLICANT^FO^MATION: (Complate legal na.r.as and marital status required for osch Interested party) Phone (homo): i/ii-_________Phone (worit)i Addreae: •7/r?-rr/f///cL . a/aJ- ____________ Email: o ^ i<o\j c/Z. _____________Fax: f y/ //t o ” OWNER INFORMATIO^(Complete legal names a.-.d marital status required for each Intoresled oartvl vfirtOrM-»» Autt-fc. t-e-c6.i-4 SPgAJC-gfg^_________■ l«hJiM5r ____ Phone (home): Addrei Email; ^ il3tA<S^ . Phone (work): ^*^7. Address; tooy DQUU^vO OK. ‘SO \Alri:zyi^r^ irr\A) f)€Ak« 64',rrs Fax; DESCRIPTION OF REQUEST; Estl.mated Project Cost: $ — Describe the request in detail (attach additional sheets if necessary); _______Vcjcj-i: caJ Aefft. ________________' 1 1 {MAY. 7.2004i 4:45PM 952s' '-PcOS ENOO 952 993 1761i landscape * i NO.502 P. 3: 03 REQUIRED SUBMITTALS: All of the following information nnuat be submitted by the application deadline date ln order for your application to be processed. □ Pre-Appllcation Meeting Form, completed by a City Planner. □ Completed Application Form □ Completed Hardship Documentation Form □ Certified Property Owners List - owners within 150' of the subject properly, labels and plat map. List, labels and map may bo obtained from Hennepin County Department of Finance. Government Center, A-603 300 Souths"' Street, Minneapolis, telephone 012-348-5910 □ Original Certificate of Survey (signed by a licensed surveyor), meeting all the requirements listed within this packet, including hardcover calculations. Also provide ono copy 8.5" x 1 r* or 1 r X 17" for reproduction. □ Completed hardcover calculation worksheets (as provided within the variance packet). □ Topographic survey - Including existing and proposed elevations. Provide one copy 8.5" x 11" or 11" X17" for reproduction. □ Sketches or plans of floor and elevation views (provide one copy 0.6'' 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 foe 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/ehe is solely responsible for submitting a complete application being aware that upon failure to do so, the oct it until it is complete or to recommend the request for ' —‘■■'tial merit. staff has no alternative but to re denial of the request regardle1 a rdl^?^ Us^o^r^i Date; ^ Date; ^ Applicant's Signature: Applicant's Signature: ACKNOWLEDGEMENTr_ The oNvner hereby acknowledges and agrees lo this eppUcatlon and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission & Council Members for purposes of Investigation and vorification of this request. Owner’s Signature: *___________^________________Date: Applicant must have all submittals into ttie 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 prosentatall 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 !n place of tho applicant and advise the City Planner assigned to your project UlSOWt Page I of 3 HARDSHIP DOCUMENTATION FORM This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas unt.l 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 uriique 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? . ^ . • * i, ^ i. This form has 12 points outlining the basis City staff uses to determine if a hardship exists and how the variance will affect the surrounding community. To prove a hardship, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered Please address each of these hardship criteria as they relate to the request (some may not apply); 1.“The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls." i/(e'yn .r.'. . 7>, \ — _________________________— --------- 2.•The plight of the landowner is due to circumstances unique to his property not created by the landowner." HmC LU/Ti' /k'V/T’X^ 72 > n/L' 3 “The variance, if granted, will not alter the essential character of the locality ,a.' ^ //y/f’/U-ra jfiC,W/7Y /f/^T'cS . 4."Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." /Cr^e:u/^t/ire?Ar' ip/______ ------------------------------------------------------—-------------------------------------------------------------------------------------------------- I i 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." e-*" ft r?.' 7-? ct//' ,_________________________________ Hardship Statenient 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): ':^o fs>- ■§ HARDCOVER CALCULATION WORKSIUET SETBACK ZONE: (CIRCLE ONE) 75-250- 250-500' f,yiSTTNC HARDCQ VT-R TN zone A. House _ SOO-1000' \lOS S.F. Lenjth X X X SF. Sr. S.F. B. Oarage C. Driveway X X D. Sidewalk X X E. Pallo/Dcck X X F. Landscape Underlain By Plastic X X X G. Other u^H _________- total hardcover in zone total PROPERTY AREA !N ZONE J ♦ B ppnpQSPn har ^<~ovRR A. House __ Len|ih Width X X X B. Garage C. Driveway X X D. Sidewalk X X S.F. US..S.F. S.F. S.F. ^ S.F. <fSi-S.F. SF. S.F. SF. S.F. / /*/S.F. IV7 S.F. / 9. 1 ff V S.F. % \io^S.F. S.F. s.r. S.F. S.F. ti?S.F. S.F. S.F. E. Patlo/Dcck X X ■a m 377 S.F. S.F. F. Landscape Underlain By Plastic s X X S.F. S.F. S.F S.F. G. Other wr- VUoH- sp A 7 S.F. B ~ % V../4L / .* ^* «^v. “■• '■•.' • - - V 'i.'rr. ' ■ • ••'• .^,- , ..t-- ... •<. » ?•'j. •!- '. - " •» ’•! -ifc '* • >,* •» r * , , ^ ’4|»'-,-ti ■*%-.i-' V .*♦ ■ •*,•. ,. • • ♦ '4» . f. ^' ' ■ ;,,.J ^■'^■•V.‘.■?;^”•'V■ t.^ ’'■• « *> RUNDATE:VMV20M 38 1011723210004 PROP ADDR 1000 WILLOW OR S OWNER NAME LR KLOMUIES/0 A KU3M0IES TAXPAYER LINDSAY RAJ ANNA KLOM8IE.S NAME/ADOR • W® WILLOW DR S WAY2ATAMN 33)91 38 1011723230004 PROPAODR 38 address UNASSIGNUO OWNER NAME CLARK J WINSLOW C7 AL TAXPAYER SHARON & CLARK WINSLOW NAME/ADDR 1205 PRENCH CREEK CIR WAY2ATAMN 35)91 38 101172)240030 PROPAODR 1233 DRJARST OWNER NAME T E FRANK & D L FRANK taxpayer THOMAS & BARBARA FRANK NAME/ADDR *233 BRIAR ST WAYZATAMN 55)91 ii. •i fi§ MClNiMcrii'i 4 4 4PROPERTY OWNERS LIST 38 1011723210006 PROP ADDR 2195 FRENCH LAKE RD OWNER NAME ERICSCORRELL TAXPAYER ERICSCORREU NAME/ADOR 2195 FRENCH LAKE RD WAVZAIAMN 55391 38 101172)230005 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME RC&NLUX TAXPAYER ROBERT C & NANCY LUX NAME/ADDR >2®’ FRENCH CREEK DR WAYZATAMN 55391 38 ion723240034 PROPAODR 1055 WILLOW DR S OWNER NAME O&JKAYE TAXPAYER DALE R& JOAN KAYE NAME/ADDR 1055 WILLOW DR WAYZATAMN 55)91 38 I0II7232I0009 PROPAODR 21)5 CARRIAGE LA OWNER NAME SCOTT & NANCY REID TAXPAYER SCOTT REID NAME/ADDR 2135 CARRIAGE U WAYZATAMN 55391 38 10II7232400I2 PROPAODR 1005 WILLOW DR S OWNER name MARTHA L SPENCER MARTHA ALICE LEIGH SPENCER POOOX 205 CRYSTASL BAY MN 55383 TAXPAYER NAME/ADDR 38 1011723240037 OWNER NAME K A SHIBLEY & K A M^LE^^ tavpa YER kirk SHIBLEY & KJM MALEHA namh /aodr WAYZATAMN 55391 I CERTIFY THAT THE FAQ'S ON THE RECORDS OP MY KNOWLEDGE AND G ------ m \£i q/ •• • 'I i fexttiBir ‘if Hennepin Hennepin County Taxpayer Services Department ■ y/ Parcel ID 1011723240012 ^ .House Number 1005 ' Street Name WILLOW DR S This is not a IsgaBy recorded map. It represents a compilation of information’ and data from City, County, and State road authorities and odrer sources. i \ I MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 18,2004 6:00 o’clock p.m. 6. «04-3055 DR. MARTHA SPENCER, 1005 WILLOW DRIVE SOUTH - VARIANCE Martha Spencer, Applicant, and Mark Ritter, Exterior Design Studio, were present. Curtis stated the applicant is requesting a lake setback variance to allow a gazebo within 150 feet of the ordinary high water level on a natural environment lake and a hardcover variance within the 0*75 ’ setback zone in order to construct the gazebo and paved walkways. The property consists of 2.2 acres and is located within the RP.-IB district. Curtis stated the proposed hardcover in the 0-75 ’setback zone is 11.7 percent where 7.7 percent currently exists. In June 2004 the applicant was granted lake setback and 0-75 ’ hardcover variances in order to construct decks over existing patio hardcover resulting in a slight reduction in hardcover within the 0-75 ’ zone. The applicant has advised staff that the cunent request was intended to be part of the previous variance application but the City did not receive any of the information regarding this portion of the proposal. PAGE 13 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 18,2004 6:00 o ’clock p.m. The applicant is also requesting a lake setback variance to allow a gazebo setback of 22 feet where a 150 feet structure setback is required and 45 feet currently exist. The existing home is located approximately 50 feet from the ordinary water high level and the newly constructed decks are set back 45 feet. Staff is recommending denial of the variances as requested as there is no hardship present to support the request. Ritter stated there arc grade changes in the rear of the yard that they arc attempting to accommodate ill order to allow the property orvner access to her rear yard. Ritter stated the property is located on a swamp, which makes the property almost unusable during the summertime due to inc mosquitoes. Ritter stated they arc attempting to make the back yard functional and usable. Rahn noted the property ovmer is allowed a pathway on a descending slope to the wetland. Rahn inquired why one of the decks could not be screened in. Spencer pointed out if the deck was screened in, it would obstruct her view from the house and cut down on the amount of light that is allowed in. Rahn slated according to the elevations, it appears the roof of the screened in deck would be at about eye level. Ritter pointed out the law requiring a 150-foot setback was not put into effect until 1994, with Mrs. Spencer residing in this property for 20 years. There were no public comments concerning this application. Kempf stated he has loured this property and also felt the deck could be screened in. Kempf stated he understands that does limit the light into the residence somewhat, but that the applicant must make a choice on what type of hardcover she would like in order to help protect French Lake Ritter reiterated that that law was not implemented until 1994, with his client residing in that residence for ten years prior to that. PAGE 14 i MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 18,2004 6:00 o’clock p.m. Curtis stated the 1994 law that Mr. Ritter is discussing is the adoption of the Shorcland Overlay Ordinance that identified French Lake as a natural environment lake requiring a 150-foot setback. Curtis stated the amount of allowable hardcover in the 0-75’ setback zone was not changed at that time and has remained the same since the late 1970’s. Jurgens noted there currently is a variance for the hardcover on the property. Spencer pointed out that the existing hardcover is less than what had existed previously on the property. Jurgens inquired whether the applicant would be willing to trade a deck for a gazebo. Jurgens staled the applicant is allowed a certain amount of hardcover but that he would not be in favor of increasing the hardcover that cuiTcntly exists on the property since there does not appear to be a hardship. V/inkey questioned why the gazebo was not part of the original plan. Spencer stated the gazebo was part of the original plan. Ritter stated the plan for the gazebo for some reason was never submitted to the City and only the deck was approved. Curtis stated there was a phone conversation with staff concerning the gazebo but that no information was ever supplied to the City during the original application. Rahn potn'rd out one of the conditions for the hardcover variance was that the hardcover in the 0-75’ setback zone shall nol’y increased above 8 percent. Curtis indicated the gazebo was discussed at the time of the application for the decks but that no information was ever supplied to the City. Bremer inquired whether any hardcover could be removed in the 0-75’ zone. Spencer stated there is a cement dog pen. Jurgens noted the dog pen is not shown on the survey but is located closer to the shoreline. Spencer commented they have removed as much hardcover as possible. PAGE 15 A MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 18,2004 6:00 o'clock p.m. Fritzlcr stated he docs not see a reason to increase the hardcover in this area and would not be in favor of a gazabo at this time. Ritter inquired whether the walkways would be permitted. Fritzlcr stated he is not in favor of the hardcover increa.sing. Curtis inquired whether the pathways arc actual steps. Ritter indicated they arc a combination of walkways and steps to enable the property owner to access her back yard. Ritter noted the walkway was shown on the original plan. Curtis stated the stairway as proposed is to get around in the yard and not to access the lakcshore. Rahn pointed out the only hardcover tliat is allowed to encroach in the 0-75’ area would be a pathway from the home down to the lake. Spencer commented that would be more detrimental in her view than a gazebo located further away from the lake. Kempf stated the gazebo is located approximately 15 feet from the existing deck and that he does not recall the area being tliat uneven. Spencer indicated the ground in that area is uneven. Ritter stated there is a hill on either side of the house that makes it difficutt for his client to access the back yard from the front. Kempf inquired whether the area where the gazebo is proposed to be located is fairly flat. Ritter stated that part of the yard is flat. Ritter indicated the patios were designed to be transition areas so the property owner could access the back yard. Ritter stated it is his understrnding a property owner has the right to nuke their back yard functional. Jurgens stated a gazebo is not necessary to make a back yard functional and uscble. Ritter noted the property is located on a swamp. Jurgens stated there might be some reasoning for the pathway to the back yard but that the portion where the gazebo is located is flat and a pathway is not needed to acccs.s that portion of the property. PAGE 16 1 MINUTES OF THE OHONO PLANNING COMMISSION MEETING Monday, October 18,2004 6:00 o’clock p.m. Jurgens indicated he is not in favor of the current design or the amount of hardcover being proposed, Ritter reiterated that the reason for a variance is to make a back yard functional and usable. Rahn indicated he is not aware of that language being contained in the code. Gundlach indicated she also is not aware of that. Leslie stated the two plateaus in the back yard do not prohibit the applicant from enjoying the back yard. Leslie stated the property owner has access to the back yard through the lower level of the house and access to the front yard from the upper level of the residence. Leslie slated the back yard is being used today and is accessible. Leslie stated in his opinion the absence of a gazebo does not make the bnck ynrd nonfunctional. Ritter inquired what detriment there would be to the environment or to the property if a gazebo were constructed as proposed. Leslie stated the City Iras a community management plan that the applicant is welcome to take a look at that addresses the intent of the ordinances. Leslie stated basically hardcovei restrictions arc designed to preserve the water quality of the lakeshore in question. Ritter commented that the residence is located quite a distance from the lakeshore. Leslie moved, Jurgens seconded, to recommend denial of Application #04-3055.1005 Willow Drive South, for n lake setback variance to allow a gazebo within 150’ of the OHWL on a natural environment lake and a hardcover variance within the 0-75’ setback zone In order to construct a gazebo and paved walkways. VOTE: Ayes 7, Nays 0. 7.#(hW058 TIMOXKY/AVART, 3970 TH SHORE DRIVTV^ARIANCES, / 7:.54/-8:12 p.nt. /‘Rahn moved, Bremer seconded, tj^commend approval o^fpplication #04-^|>?8,3970 North ^ Shore Dc>^, granting of haaitcover, lot area and lotudflth variances li^^er to construct P.VGE 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 25,2004 7:00 o ’clock p.m. variance to allow an accessory building to be tocated closer to the street or front lot line than the |)rVi^lpal strucUi^ for lOft^Uunt Farm Rok^. VOTE j Ayes 4, 1 — Mayor Peterson dlssentlni Mayor Pctcrsoi\cknowlcdgcd that moj\timc might have been suitable. \ fdcMillan stated th^she was more comfortable with application with the addition of the new wording.\ 8. #04\052 ERIC VOG^ROM, 2618 CASCO POINT ROAD - VARIANCES \ / y Mayor Peterwn moved, Saiiscvci'e seconded, to table the application for Eric V'ogstroin, 2618 Casco Point R^d, at the applican!’S,t^qucst. VOXE: Aye's 5, Nays 0. '^.«04-3053 BA^ AND BETSY b Wz ER/AULIK DESIGN GROUP, 2625 NORTH / 'S^RE DRIVE - V^ANCE-RfeSOLu\oN NO. \ \White ntoved, Murphy s^rni^ed, to adojrt RESONJTION NOv^i a resolution granting a lake setback vaVi^nce for 2625 North Shore Drive. VOTE: Ayc^, Nays 0. \ 10. W04-3055 DR. MARTHA SPENCER, 1005 3MLLOW DRIN’E SOUTH - VAIUANCES Curtis explained that the applicant was requesting a hardcover variance within the 0-75’ setback in otdet to construct h gazebo and install paved walking paths, and a lake setback variance to construct the gazebo 22’ from the OHWL where a 150’ setback is required and a 45’ setback cuiTcntly exists. Although the applicant was granted a 0-75’ setback variance in the summer of 2004 to convert concrete patios to decks within the 150' structure setback from the OHWL of French Lake, Curtis noted that it is the applicant's assertion that this additional request was to have a been i part of that original npplication. Curtis stated that staff concurred with the Planning Commission ’s unanimous recommendation for dcnid of the hardcover and setback vanaiices based on lack of sufficient hardship. PAGE softs • \ \ ’ r MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 25,2004 7:00 o’clock p m. Sansevcre asked whether there was hardship for the initial variance request. Gaffron noted that there was hardship for the previous application; however, none exist for this application. Mark Ritter, applicant’s representative, stated that it was their intent to make the backyard usable and safer. Dr. Spencer pointed out that these items were inadvertently left out of the previous application and noted that the earlier application actually decreased hardcover. She indicated that it was difficult to maneuver the property due to her physical limitations, as well as, acknowledged the desire to view more of the yard and stay away from mosquitoes. Murphy stated that the Council could not grant hardship to correct a building error not communicated to the city by a previous contractor. He stated that, in fact, the applicant would have had a difficult time getting this request approved this summer also had it been included. Ritter asked the City Attorney if any ‘grandfathering’ was applicable to this property since it existed prior to the Shorcland Ordinances. Barrett suted that it is within the City’s ability to pant variances to the shoreline ordinance. Gaffron stated that many legal nonconfomiing properties were created by shoreline ordinance; however, while they exist as legal nonconforming structures, additions to those nonconformances arc subject to new ordinance. Sansevere maintained that, if the applicant could demonstrate to the Council that there was a hardship, the Council could support the application. Ritter argued that the backyard was functional prior to the shoreland ordinance. PAGE 9 of 15 1 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 25,2004 7:00 o’clock p.m. Mayor Peterson suggested that applicant consider screening in portions of the deck and patios, Dr. Spencer stated that she had been giving consideration to enclosing a portion of the decks, but asked whether the removal of hardcover had any impact on their decision . She noted that it would be legal for her to construct a walkway to the waters edge. Mayor Peterson reiterated that the screening would be the most likely altcmanvc and asked whether the application should be tabled or withdrawn. Dr. Spencer requested tabling the application. Murphy moved, Mayor Peterson seconded, to tabic Application #043055, Mark Ritter on behalf of Dr. Martha Spencer - 1005 Willow Drive South, at the applicant’s request. VOTE: Ayes 5, Nays 0. \ *11. #04-3059 JAME&^llENDER, 1335 TONKAWA ROAD\- CONDITIONAL PERMIT - RESOLtJTION'Hp. \N \ White ^o^dd, Murphy seconded, V adopt RESOLUTION NO. , a R^olution granting a CUP ifir Xhe proposed cupola for the property at^T^35 Tonkawa Ro^. VO'^E: Ayes 5, Nays 0.. \ \ \ \ * 12. STO>^AY PUD - REQU^ FOR RPUD FLE^ILITY - LOT 6, BLOCKa .Wliite moved, Murphy>«^ndcd, to approve a'mlnpr amendment to Rcsoludort No 4^ to allow the proposed ehcroachments, findMig that the proposed encroadiments could^e allot^d undjr^UD fleidbility rathe^han via the fornial varianc<f process, and that the^ propoSetk^croachments hkve no sdsual or other negative Impacts on this development or on neig)ibori|ig properties. VOT^^yes 5, Nays 0. MAYOR/CIW COUNCii REp6rT PAGE 10 of 15 Date Application Received: 09-21-04 Date Application Complete: 10-08-04 60-Day Review Period Expiration: 12-08-04 ••CCTIfSjG NUV 8 2004 UIY Uh OHONO REQUEST FOR COUNCIL ACTION Date: November 4,2004 Item No. fO Department Approval: Name: Melanie Curtis « iil Title: City Planner \-^ Administrator Approval:Agenda Section: Item Description: #04-3058 - Timothy L. Zwart - 3970 North Shore Drive - Variances - Resolution Zoning Dbtrict: Lot Area: Lot Width: LR-IC, One Family Lakeshore Residential, 0.5 acre/100’ 0.23 acre (10,000 s.f.) 50 ’ List of Exhibits: A. Resolution per Planning Commission recommendation B. Elevation Views C. PC Action Notice dated 10-20-04 D. PC Memo & Exhibits of 10-11-04 Application Summary: The applicant is requesting hardcover, lot area and lot width variances in order to build a new 1,350 s.f. single family home on a lot 10,000 s.f. in area and 50 ’ in width where 21,780 s.f. in area and 100’ in width are required and hardcover within the 75 ’- 250’ setback of 36% where 25% is normally required. Planning Commission Recommendation On October 18,2004, Planning Commission voted 6-1 to recommend approval of the variances as requested. Commissioner Fritzler cast the dissenting vote. Planning Staff Recommendation Approval of the variances per the attached Resolution. COUNCIL ACTION REQUESTED Adopt or amend the attached Resolution. Q<HibirA A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-350 SUBDIVISION B, AND 78-1288 SUBDIVISION B FILE NO. 04-3058 WHEREAS, Timothy L. Zwart, a single person (hereinafter “the applicant”) is the owner of the property located at 3970 North Shore Drive within the City of Orono (hereinafter the “City ”) and legally described as follows: Lot 11, Hickory Hill, Hemiepin 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 78-350 Subdivision B to allow construction of a new single family residence on a lot 10,000 s.f. in area and 50’ in width where 21,780 s.f. and 100’ are required; and WHEREAS, the applicant has made application to the City of Orono fora variance to Orono Municipal Zoning Code Section 78*1288 Subdivision B to allow hardcover within the 75’- 250 ’ setback zone of 36% or 2,274 s.f. where 25% or 1,562 s.f. is normally allowed. ^OW, THEREFORE BE IT RESOLVED by the City Council of Orono, Mimiesota; FINDINGS 1. This application was reviewed as Zoning File #04-3058. 2.The property is located in the LR-IC, Single Family Lakeshore Zoning District which requires a minimum lot area of 21,780 s.f. and a minimum lot width of 100’. Page 1 of 5 3. 4. The Planning Commission reviewed this application at a public hearing held on October 18, 2004 and recommended approval of variances based on the following findings: a. The property has 10,000 s.f. (0.23 acre) in area and 50’ 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.Because the property is 10,000 s.f. in area it is allowed a 1,500 s.f. structural footprint absent other factors. Construction of a 1,350 s.f home and driveway account for 36 % of hardcover within the 75 ’-250’ setback zone. e. Tlie applicant has proposed a home that meets all setback and structural coverage requirements. f The applicant has proposed a home which straddles the line between the 75 ’-250’ setback zone and the 250’-500’ zone and proposed minimal driveway in order to limit the magnitude of the hardcover excesses. g. The proposal will not have a negative impact on light, air or open space within the neighborhood. The City Council has considered this application including the findings and recommendation cf the Planning Commission, reports by City staff comments by the applicant and the public, and the effect of the proposed variance on the health, safety and welfare of the community. Page 2 of 5 f I 5.The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or 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 tlie City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-350 Subdivision B, and Section 78-1288 Subdivision B to allow construction of a new single family residence on a lot 10,000 s.f. in area and 50’ in width where 21,780 s.f. in area and 100’ in width arc normally required and hardcover within the 75’-250’ setback zone of 36% where 25% is normally allowed, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant and aimotated 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 75-250’ zone shall be limited to 2,274 s.f. or 36% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Hardcover within the 250’-500’ zone shall be limited to 30% or 1,125 s.f. Applicant is advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. 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 Pace 3 of 5 the new construction within one year of the date of Council approval, or the variance will expire on that date (November 8,2005). 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 applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of the applicant and tlie 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 8*'’ day of November, 2004. ATTEST: Linda S. Vee, City Cleric Barbara A. Peterson, Mayor Property Owner STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Page 4 of 5 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this by Timothy L. Zwart, a single person. day of ,2004 Notary Public Page 5 of 5 i: ____SAST 50.00-— /CERTIFICATE OF SURVEY FOR TIMOTHY L. Z¥ART OF LOT 11, HICKORY HILL HENNEPIN COUNTY. MINNESOTA PROPOSED GARAGE FuOOR=9*6.2 PROPOSED TCP OF FOUNDATION-955 2 LEGAL DESCRIPTION OF PREMISES : Lot 11. HICKORY KILL o : denot«s icon morUer ___917__ ; denotes existing contour line, from city nrops L ■<—ftm. - : denotes proposed contour line Seorings shown ore bosed upon on assumed dotum 29)^500'^ •3^7e> i,/25r- This survey snows the boundorics the obove described properly, ond the proposed tocotion of 0 proposed house ond shed thereon, it does not purport to show any other improvements or encroochmcnts -WEST 50.00 H.C.S.A.H. NO. 19 KORTH SHORE DRIVE 0 ORONBERO AND ASSOCIATES, INC. CONSULTMO CNOINieRS. lANO lUHVeYONS. anositcpiannem 44S N VM.LOvy OWVI kONO LMd MN. 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N I (# CITY OF ORONO 2750 Kelley Parkway PO Box 66 Crystal Bay, MN 55323 952.249.4600 ZONING FILE 04-3058 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: October 20, 2004 TO: Timothy Zwaii 3970 North Shore Dr Mound, MN 55364 COPIES: TYPE OF REQUEST: Variances DATE OF MEETING: October 18,2004 Planning Commission voted on a motion to recommended approval of lot area, lot width and 7S*-250* zone hardcover of 36% where 25% is normally allowed as follows: VOTE:6 FOR 1 AGAINST (Fritzler) Applicant’s next scheduled meeting is confmnccl as: City Council - Monday, November 8, 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 Plamiing Commission, If you have questions, please call City Planner, Melanie Curtis at 952.249.4627. r I 1 FILE #04.3058 11 October 2004 Page 1 of 3 Date Application Received: 09-21-04 Date Application Considered as Complete: 10-08-04 60-Day Review Period Expires: 12-08-04 To: From: Date: Subject: Chair Ratin and Planning Commission Members Ron Moorse, City Administrator Melanie Curtis, City Planner ju * ' October 11,2004 04-3058, Timothy Zwart, 3970 North Shore Dr, - Variance - public hearing Zoning District: l.ot Area: Lot Width: LR-IC, One Family Lakcshorc Residential, 0.5 acre/100’ 0.23 acre (10,000 s.f.) 50’ Application Sunwtary: The applicant is requesting hardcover, lot area and lot width variances in order to build a new 1,350 s.f. single family home on a lot 10,000 s.f in area and 50’ in width where 21,780 s.f in area and 100’ in width are required and hardcover within the 75’- 250’ setback of 36% where 25% is normallv required.__________ Staff Reconimeiulation: Planning Department Staff recommends approval of the lot at ea and lot width variances and approval of a level of hardcover variance as the Planning Commission deems appropriate. llaniship: lixisliny lot area ami width _____________________________________ Pertinent Zoning Ordinance Sections Sec. 78-350. Area, height, lot width and yard requirements. (b) Lois The following minimum requirements shall be observed: l.oi Area (acre) Lot lillh ifcct)Front Yard (feet) Side Yuid (feet) Rear Yard (Icci) Side Yif J Adjacent to Street (tccl) 0 5 100 30 10 30 15 Sec. 78-1288. Hard cover limitations. (b) Between 75 feet and 250 feet of the OHWL, there sh.ill be no greater than 25 percent hard cover. Between 250 feet and 500 feet of the OHWL there shall be no greater th.an 30 percent hardcover. Between 500 feet and 1,000 feet of the OHWL there shall be no greater than 35 percent hardcover. List of Kxhibils A. Application B. Hardship Documentation Form C. Fxisting & Proposed Survey/Site Plan D. Submitted Hardcover Calculations F. Alternate Site Plan F. Property Owners L ist G. Plat Map FILE #04.3058 11 October 2004 Page 2 of 3 Background Timothy Zwart is the applicant and property owner of 3970 North Shore Drive. Mr. Zwart has proposed to rebuild a new single family home on his property. In order to do so lot width and lot area variances are required. The applicant has also requested a hardcover variance within the 75’ — 250 ’ setback in order to place his home 112 from North Shore Drive. LOT ANALYSIS WORSHEET Lot Arca/Widtht LR-IC Lot Area Lot Width Required 21,780 s.f. (0.5 acre)100’ Actual 10,000 s.f. (0.23 acre)50’ Setbacks; Structural Coverage; Hardcover Calculations; After exclusion of fabric or plastic-lined landscape beds LR-IC Required Existing Proposed Front 30’26.5 ’ (house) 18.5’(deck)112 ’ Rear 30’136 ’41’(house) 10' (shed) West Side 10’26.5 ’10' East Side 10’4.6’10'(house) 10’(shed) Total Lot Area Total Structural Coverage 10,000 s.f. (0.23 acre)Allowed: 1,500 s.f. (15%) Proposed: 1,091 s.f. (11 %) Hardcover Zone Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover 75-250 6250 s.f.1562.5 s.f. (25%) s.f.* (%) 2274 s.f. (36 %) 250 - 500 3750 s.f.1125 s.f. (30%) s.f.* (%) 1098 s.f. (29 %) Hardcover Variance The applicant is requesting a 75’- 250 ’ hardcover variance for 36% hardcover where only 25% is normally allowed. The proposal is for a front yard setback of 112 ’ from North n FILE #04-3058 11 October 2004 Page 3 of 3 Shore Drive for the new residence with a 10’ x 12’ shed behind. The location of the proposed home is set far back on the lot requiring a 112’ driveway which results in 1856 s.f. of 75 ’ - 250 ’ hardcover. The driveway could be reduced slightly in width in order to achieve a slight reduction in hardcover as 1 have indicated in Exhibit F. Lot Area & Lot Width Variance The applicant’s lot has 50 ’ in width and 10,000 s.f. or 0.23 acre in area where the LR-IC requirement is 0.5 acre and 100 ’ in width. Variances are required in order to build a new residence on the property. The applicant has proposed a 1,350 s.f. home which meets the zoning district setbacks. 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 7/1 eonsldtrlng applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safely and welfare of the community, exisiing and anticipated traffic conditions, light and air, danger offire, risk to the public safety, and the effect on values of properly lu 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 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. Staff finds that there is hardship to recommend approval of the lot width and lot area variances, and should the Planning Commission find that there is a hardship present in order to justify granting some level of hardcover variance for the 75 ’- 250 ’ setback an appropriate level should be discussed. Issues for Consideration Are there any otlier issues or concerns with this application? Staff Recommendation Planning Staff recommends approval of the lot area and lot width variances. City of Orono Variance Application exHxe. ir A Street Address: 2750 Kelley Parkway Orono. MN 55356 V^iV Main: 952-249-4600 fax: 952-249-4616 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 Application # ^ Date Receiverl /Xl/y Amount Paid:./r h)f ir' Os Staff: _iWTTuTiCL Fee:S600 Renewal: S300 After-the-fact; 51,200 Double Fee This application form must be completed in full. App '.cant vnli 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: ^70 ,/ Property Identification Number (PIN): (Attach legal description to application if not included on the survey.) Date Property Acquired (month/year): ^ - ‘fc) □ Yes, I own the adjacent parcels, Present use of property: □ Residential □ Other____________________________ Zoning District: / (P. - ! _________ APPLICANT INFORMATION: (Complete legal nares and marital status required for each interested party) Name: ~7Tl^ ,>~ri___________________________ Phone (home): v- <*✓'?/ -- Phone (work): ________________________ Address: ’K- . r-~rt-. - 7.,.:/?._____________________________________________ Email:________________________Fax: OWNER INFORMATION: (Complete legal names a-d marital status required for each interested party) Name: ____________________ ____________________ Phone (home): Address: ___ Email: Phone (work): Fax: DESCRIPTION OF REQUEST: Estimated Project Cost: $ Describe the request in detail (attach additional sheets if necessary): ~r^ _____' v< REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. □□□□ □□ □□ Pre-Application Meeting Form, completed by a City Planner. Completed Application Form Completed Hardship Documentation Form Certified Property Owners List - owners within 150’ of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department of Finance, Government Center, A-603 300 South 6'*’ Street, Minneapolis, telephone 612-348-5910 Original Certificate of Survey (signed by a licensed surveyor), meeting all the requirements listed within this packet, including hardcover calculations. Also provide one copy 8.5" x 11" or 11" X 17" for reproduction. Completed hardcover calculation worksheets (as provided within the variance packet). Topographic survey - including existing and proposed elevations. Provide one copy 8.5" x 11” or 11" X 17" for reproduction. Sketches or plans of floor and elevation views (provide one copy 8.5" 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 Departm.ent. 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; O'Date: Date: OWNER’S ACKNOWLEDGEMENT: The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents. Commission & Council Members for purposes of investigation and verification of this request. Owner’s Signature: Owner’s Signature: /-Date: Date: ^7 - /- 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. - V - f t ©cHm&rr^ Page I of 3 HARDSHIP DOCUMENTATION FORM This form Is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statue Section 394.27, Subdivision 7 requires that a hardship be demonstrated in order for a variance to be granted. The hardship must be unique to the property as variances run with the land and noi the land owner. Personal and econon,ic situations are not considered valid hardships. In order for an application to be heard by the Planning Commission and City Council a hardship having merit must be demonstrated. HOW DO I PROVE A HARDSHIP? This form has 12 points outlining the basis City staff uses to determine if a hardship exists and how the variance will affect the surrounding community. To prove a hardship, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of these hardship criteria as they relate to the request (some may not apply); 1."The property in question cannot be put to a reasonable use if used unde/ 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." / /o > /I \A- O ^ !*> f X f f ______ r.f (\ t*^ ^7. h *. ________.j The variance, if granted, will not alter the essentia! character of the locality.". i r\^ P f ^ r-f. 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." N .. 's U . v~”- *■. \ ■7 i I Page 2 of 3 5.■Undue hardship also includes, but is not limited to, inadequate access to direc^ sunliqht 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 tijis Chapter." /sa Pfi •The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person’s land is located." ____________________________________________—---------------------------—---------------------------------------------------- 7. "The Board or Council may permit as a variance the temporary use of a one-family dwellirq as a two-family dwelling." kf-r 8. “The special conditions applying to the structure or land in question are peculiar to such.property or immediately adjoining properly." 9."The conditions do not apply generally to other land or structures in the cistrict in which said land is located." __________________________________________________________________________________________________ 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial properly right of the applicant.' /> i’- f /M 7*^^ - /<s •■■■ 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." ____________________________________________ _____________________ L, )5 ?4 • f * > 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." ^ /V>v (II /\cJt rf /‘^ Ac* V, n~hy__________________ X -'EAST 50.00 61 I O O•oo 04 \ \"e approxwate location Of 200* setback lwe \ \M/ftL •aV \ oo do CN E»s*nNcx iace \/tARACE , ------rff^TT^N” WEST 50.00 CERTIFICATE OF SURVEY FOR TIM ZWAR I ’ OF LOT 11, HICKORY HILL HENNEPIN COUNTY. MINNESOTA LEGAL DESCRIPTION OF PREMISES : Lot 11. HCKORY HILL 0 : denotes iron marker Bearings shown ore based upon on assumed dotum. This survey intends to show the boundaries of the obove described property, the locotion of on existing house ond garage, ond the locotion of oB visible *‘hcrdcover" thereon. It does not purport to show ony other improvements or encroachments. > H.C.S.A.H. NO. 19 ■ eomB k GnBWMi. wfi. omsc CMK un Sim 9R fUMOS \W^ mnty «s ynporid kj m 9 ttdg mf 4itd im. Bid MI en 0 eif rff^Urid ZM &friHr pd Ipd Simnor mkr tt« iB*i d Stolt oT Uin^esfitfl. scale r-20- DATE 5-1-01 9M-47MWI Itofc $ OfVttrQ MrfTAWtO Lcfnst JO# NO- 01-147 i ?AST 50.00 T /\• V X/ % IWOKWO N N exavftirc^_____ CERTIFICATE OF SURVEY FOR TIMOTHY L. ZWART OF LOT 11, HICKORY HILL HENNEPIN COUNTY, MINNESOTA PROPOSED garage rL00R=946.2 PROPOSED TCP or FOUNDATlON-955 2 legal description of premises : Lot 11. HICKORY HLL o : denotes iron morker denotes existing contour line, from city rnops —— ! denotes proposed contour ime Ocorings shown ore boscd upon on ossumed dotum This survey snows the boundories of the obovc described property, and the proposed location of o preposed house ond she1 thereon. It does not purport to show ony other improvements or cneroochmenls. • H.C.S.A.H. NO. 19 ■ NORTH SHORE DRIVE I Jwtbf etiT^ rai Ihii iu?v«y m% by rw *«y Jttwd and iruM I •od Land Sufvtyiy ktfVSar tfw ia«t Cfl tha s^ata Mainttols Ma-^ S sTM^'vittcta Lic C im ac4U 'fV»Tt 9-21-04 -oa*iC 04-363 f ~T 7tw/*szr e^ir p HAIU)COVER CALCULATION WORKSHEET SETBACK ZONX: (CIRCLE ONE) EXISTING HARDCOVER IN ZONE A House ■_ 0-75 ’ X Length X X X B. Garage • •• * C. Driveway X X D. Sidewalk X X E. Pclio/Dcck X X F. Landscape Underlain By Plastic Or Fabric X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE - B PROPOSED HARDCOVER IN ZONE’ A. House ________ Lcnglh \1.0 X X X B. Garage C. Driveway X X D. Sidewalk X X E. Paiio/Deck X X F. Landscape Underlain By Plastic Or Fabric X X X G, Other TOTAL HARDCOVER IN 20NE TOTAL PROPERTY AREA IN ZONE A ______ * B 75-250'Q50-5^500-1000’ WidUt .. 100 9-71 Width \0.t} as as \0^d 37 SO F:f (T^ \f'i'. \ >00 7^.10o SF. S.F. S.F. S.F. S.F. S.F. SF. S.F. S.F. S.F. S.F.- • S.F. S.F. S.F. S.F. SF S.F. % A B SF. -Pi7PPe»iC< S.F. S.F. S.F.-onjPo'jCc 5.4CO S.F. S.I-. - S.F. 0i2ii/tru/A SF SF. SF. SF. SF. S.F. S.F. S.F. SF. SF. A B % . T 50.00' V. af ?wxwatc LOCATC^ ^ *?Of250* SETBACK lK G^lfhtr E: CERTIFICATE OF SURVEY FOR TIMOTHY L. ZWART OF LOT 11, HICKORY HILL HENNEPIN COUNTY, MINNESOTA ?rSf' »T«-955.2 ji^cre^Are P lav Fb^ r>(24vfef/A'/ legal description of premises ; Lol 11. HICKORY HILL 0 ; denotes iron rr.orker ___; denotes existing contour line, from city mops - nrni — ; denotes prooosed contour ime Beorings shown ore bosed upon on ossumed dotum, This survey shows the bojndories of the obove described property, ond the proposed locotion of 0 prooosed house and sned thereon it does not purport to show ony other irrprovennents or encroachments ‘‘•--WEST 50.00- • H.C.S.A.H. NO. 19 NORTH SHORE DRIVE GRONBERG AND ASSOCIATES. INC. 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HFNNtl'IN LUUPM I r^orciM • ............HtNNLi in OWNERS LIST 38 0811723350031 PROP ADDR 38 ADDRESS UNASSICNED OWNER NAME G R LANDBERG & M R LANDBERG ^^0(PAYEH gale R & MARIE R LANDBERG NAME/ADDR 154$ MAPLE PL MOUND MN $5364 38 0811723330034 PROP ADDR 38 ADDRESS UNASSICNED OWNER NAME G R LANDBERG & M R UXNDBERG TAXPAYER GALE R/t MARIE R LANDBERG NAME/ADDR 1545 MAPLE PL MOUND MN 55364 38 0811723330066 PROP ADDR 154$ MINNIE AVE OWNER NAME DIANE LEE DUNLAP DIANE LEE DUNLAP NAME/ADDR l$4$ MINNIE AVE MOUND MN 55364 38 0811723330069 PROP ADDR 3980 NORTH SHORE DR OWNER NAME LEAH MARIE VICKERMAN TAXPAYER LEAH M VICKERMAN NAME/ADDR 3980 NORTH SHORE DR MOUND MN 55364 38 0811723330074 PROP ADDR 1550 NORTH ARM DR OWNER NAME MARGARET PELTOLA I'y^^py^YER MARGARET PELTOLA N/5ME/ADDR • $50 NORTH ARM DR MOUND MN 55364 38 0811723330032 PROP ADDR 38 ADDRESS UNASSICNED OWNER NAME G R LANDBERG i M R LANDBERG taxpayer calf . R i MARIE R UNDBERG NAME/ADDR 1555 MAPLE PL mound MN 55364 38 0811723530035 PROP ADDR 38 ADDRESS UNASSICNED OWNER NAME G R UNDBERG & M R UNDBERG GALE R A. MARIE R UNDBERG 1545 MAPLE PL mound MN 55364 TAXPAYER NAME/ADDR 38 0811723330067 PROP ADDR 3950 NORTH SHORE DR OWNER NAME R B0030N & M HOIXJOMBE RAOUL BOOTON/MOLLY HOLCOMBE 3950 NORTH SHORE DR MOUND MN 55364 TAXPAYER NAMP7ADDR 38 OSI1723330071 PROP ADDR 1570 NORTH ARM DR OWNER NAME MARY K RICE TAXPAYER MARY K RICE NAME/ADDR *^70 NORTH ARM DR MOUND MN QJ55364 35 08II7233J0U73 PROP ADDR 1540 NORTH ARM DR OWNER NAME EDDIE A LINDGREN EDDIE A LINDGREN NAME/ADDR ' 540 NORTH ARM DR MOUND MN c 55364 I erxHUbrr fe Hennepin Hennepin County Taxpayer Services Department a •• (68L.t2 1 JOO 5 »15- (67) ( «S "■ • Iff t r*~---Vifil til Q ai «!1 o 1 08-117-23-33- ____/7flj I ®i * 51 la I m73 (77) I! ,»y*(76) * 153 2f ^75j (74) ^ - ^ \•f. "I I 144 33 9 ; 8 1 1 1 k 1 12 1« 1 1 1 ! 2 ^1 ;q (28)e»/27;S • • • •. -. ••» so 90 7D (29) 190 9 50 ,SO so 50 8 ”8 ^69> »»8 (68) 10 g » 8 (67) 1 • • ( 50 90 90 90 i (30) t 9 1 '« .0 O 7 (32) J '*> II f33; J fj (34)a 1 11 ISO (35)a B »JU I 905 3 - ! *0 I8 f45^ ^44^1 ^43; •* •>! " i 1 1 SO i6 ]50 1 a '* ’8 • • • • • '*8 • % -'8 -•8 •o8 (46)(49)^5o; T4 -SJ 90 90 *o (7) “ 1 (6)^ i« • (39) so w» "•l •• 1 (3) 1 1 109 9 05 57 M 714 15 kVESr RLS 17-117-23-22- TR>icr>i (40) ••vO; NO 1628 I"*• 2 »3 2a i^sr ’•X n?4crc f43j tmT JOO 59 WFSr 7r arcel Information arcel ID 0811723330068 House Number 3970 Street Name NORTH SHORE DR Th/s Is not t legally reoofxiad map. it rapraaants a compilation cf information end data from Oty. County, and State road authorities and other sources. f r'/*M iii-rrriMQ Date Application Received: 09-22>04 Date Application Complete: 10-04-04 60-Day Review Period Expiration: 12-04-04 NOV 8 2004 Cl IY Ul- CHOWO REQUEST FOR COUNCI I. AC I ION Date: November 3,2004 Item No. '' Department Approval: Name: Melanie Curtis Title: City Planner ^ Administrator Approval:Agenda Section: Item Description: 04-3061 - Gary Hansen on behalf of Bill & Robin Grierson - 1989 Fagemess Point Rd - Variances -Resolution _____________ 2^ning District: Lot Area: Lot Width: LR-IC, Single Family Lakcsliore Residential, 0.5 acre/100’ width 0.48 acre (21,217 s.f.) 130’ @ OHWL (west) & 135’ @ 75’ setback 69’ @ OHWL (cast) & 104’ @ 75’ setback List of Exhibits: A - Resolution per Planning Commission recommendation B - PC Action Notice dated 10-19-04 C - PC Memo & Exhibits of 10-08-04 Application Summary: The applicant is requesting a 75’ - 250’ hardcover variance in order to construct a 35’ x 14’ addition to the existing home. Upon receiving the recommendation of the Planning Commission, the applicant has proposed a new site plan reflecting the Planning Conunission’s changes. Planning Commission Recommendation On October 18,2004, Planning Commission voted 7-0 to recommend approval of variances as detailed below; Approval of a hardcover variance within the 75 250 ’ setback zone to allow the front entry as proposed and a rear yard addition not to exceed 428 sf, to be constructed in a conforming location, in conjunction with the removal of a 347 sf. paver patio located within 75' of the OHWL A 4 'x4 ’ landing was recommended to be permitted in place of the paver patio. Planning Staff Recommendation Approval of the variances per the attached Resolution. COUNCIL ACTION REQUESTED Adopt or amend the attached Resolution. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-1288 SUBDIVISION B AND DENYING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-1279 and 78-1288 SUBDIVISION A FILE NO. 04-3061 WHEREAS, William A. Grierson and Robin W. Grierson, husband and wife (hereinafter “the applicants”) arc the owners of the property located at 1989 Fagerness Point Road within the City of Orono (hereinafter the City ) and legally described as follows: Attached as Exhibit A and hereinafter the “property”; and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Sections 78-1279 and 78-1288 Subdivision A to allow construction of an addition to the western portion of the home to extend into the 0 -75’ setback from the OHWL of Lake Minnetonka; and WHEREAS, the applicants have made application to the City of Ororw) for a variance to Orono Municipal Zoning Code Section 78-1288 Subdivision B to allow hardcover within the western 0 - 75’ setback zone of 4% or 420 s.f. where 0% is normally allowed and 7.3 % or 755 s.f. currently exists, and to allow hardcover within the 75’-250’ setback zone of 51% or 2,454 s.f. where 43% or 2,046 s.f. currently exists in order to construct a covered front entry and a western lake ^ard addition to the existing home. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota; FINDINGS 1. 2. This application was reviewed as Zoning File #04-3061 The properly is located in the LR-IC, Single Family Lakeshore Residential Zoning District which requires a minimum lot area of 0.5 acre and a minimum lot width of 100’. Page 1 of 6 3. 4. rhe Planning Commission reviewed this application at a public hearing held on October 18, 2004 and recommended approval of variances to Municipal Zoning Code Section 78-1288 Subdivision B based on the following findings: a. Tlte property has 0.48 acre or 21,217 s.f. iu area and 130’ at the lake and 135’ at the 75’ setback on the west;‘i;i lakeshore side and 69 ’ at the lakeshore and 104’ at the 75’ setback on the eastern lakeshore side. b. The property is located on Fagcrncss Point Road and has 0-75’ lakeshore on two sides. c. There is no additional land available for acquisition by tlie applicants to make the property conforming. d. Tlie proposal will not have a negative impact on light, air or open space within the neighborhood. c. The proposed additions are not out of character for the immediate neighborhood. f. A portion of the western side of the existing home is located within 75’ of the OIIWL of Lake Minnetonka. g. A hardcover variance in the 75’-250’ zone is supported by the following hardships; i. The proposal will result in a net reduction of 0-75’ hardcover on the western portion of the property of 327 s.f. or 3%. ii. There is no additional hardcover that can be reasonably removed from the 75’ - 250’ setback zone. h. Each of the proposed additions will be constructed in u conforming location. llie Planning Contmission reviewed this application at a public hearing held on October 18, 2004 and recommended denial of u variance to Municipal Zoning Code Sections 78-1279 and 78-1288 Subdivision A to allow construction of an addition within the westerly 0-75’ setback zone based on tire following findings: Page 2 of 6 a. The Planning Commission did not find significant hardship to allow new construction within 75’ of the OHWL as the additions could be constructed in conforming locations. 5. The City Cour.vii has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 6. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the 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 CONDHTONS Based upon one or more of the above findings, the Or«no City Council hereby grants variances to Orono Municipal Zoning Code Section 78-1288 Subdivision B to allow hardcover within the western 0-75’ setback zone for 420 s.f. or 4% where 755 s.f. or 7.3% currently exi*^*". and 0% is normally allowed and within the 75’-250’ setback zone for 2,448 s.f. or al% hardcover where 2,046 s.f. or 43% currently exists and 25% is normally allowed and denial of variances to Orono Municipal Zoning Code Sections 78- 1279 and 78-1288 Subdivision A to allow construction of home additions to encroach into the 0-75’ setback from the OUWL, subject to the following conditions; 1. Council approval is based on the site plan submitted by tne applicants and annotated by City staff, attached to this Resolution as Exhibit B. Any amendments to the site plan which arc not in conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover in the western 0-75’ zone shall not increase above the level of 4% or 420 s.f., and hardcover in the eastern 0-75’ zone shall not increase above the level of 26% or 1,431 s.f. (not including 864 s.f. of driveway which serves the property to the south). Hardcover in the 75-250’ zone shall be limited to 2,448 s.f or 51% Page 3 of6 I per the proposed plan and hardcover allowance summary as depicted on Exhibit B. Applicants are advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. Applicants shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. 4. Required removals of structure and hardcover shall be completed by the footing inspection. 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 variance will expire on that date (November 8,2005). 6. Violation of or non-compliance with any of the terms and conditions of tltis resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. Tlie undersigned applicants have read, understand and hereby agree to the terms of this resolution and on belialf of the applicants and the applicants’ heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 8‘" day of November, 2004. Page 4 of 6 ATTEST: L 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 8*'' day of November, 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said inctnimcnt was executed on behalf of the City. Notary Public Page 5 of 6 ■ ■ I'T rf\ * rr-m k ■a’. Jiia f vi'Y.' ffr* 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.J Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public Page 6 of 6 Tlris instrument was acknowledged before me this__day of by William A. Grierson, husband of Robin W. Grierson. , 2004 ■niis instrument was acknowledged before me this__day of by Robin W. Grierson, wife of William A. Grierson. ,2004 ©'H'lBiT A legal DESCRIPTION: ^ • , j. That part of Lot i, Eagerness including accretions thereto and that part of Lot 26, Eagerness including accretions thereto all described as follows; Commencing at the most Southerly comer of Lot 2, Eagerness; thence Southeasterly 50 feet along the extension of the Southwesterly line of said Lot 2, thence deflecting to the right 65 degrees 46 minutes a distance of 77.66 feet to the actual point of beginning; said last described line hereinafter to be referred to as Line "A"; thence deflecting to the left 90 degrees to the shore of Lake Minnetonka; ftrence Northerly along said shore to its intersection with the Southeasterly extension of the Southwesterly line of said Lot 2; thence •Northwesterly along said extension and along said Southwesterly line to a point thereon distant 65 feet Northwesterly from the most Southerly comer of said Lot 2; thence Westerly deflecting to the left 24 degrees ■ho the shore of Lake Minnetonka; thence Southerly along said shore to its intersection with a line draAvn ■'westerly at a right angle to said line "A" from the actual point of beginning; thence East to the actual point of beginning. Subject to an easement for ingress and egress for the benefit of the owner of that part of Lets 1 and 26 which adjoin above land on tiie South over that portion of above land described as follows: That part of Lot 1 including accretions thereto. Eagerness described as commencing at the most Southerly comer of Lot 2, Eagerness; thence Southeasterly along the extension of the Southwesterly line of said Lot 2, a distance of 50 feet to the actual point of beginning; thence Southerly deflecting to the right 65 degrees 46 minutes, a distance of 77.66 feet; thence deflecting to the left 90 degi ecs to the shore of Lake Minnetonka; thence Northerly along said shore to its intersection with the Southeasterly extension of the Southwesterly Ime of said Lot 2; thence Nofthwesterly to the acttial point of beginning; Subject to governmental and sovereign rights of the State of Minnesota in that part of said land lying between the ordinary high water mark and the ordinary low water mark of said Lake Minnetonka; Together with an easement for ingress and egress across the following described tract of land: That part of Under the Linden Avenue vacated including accretions thereto described as beginning at the most Easterly comer of Lot 2, Eagerness; thence Southerly to a point in the extension of the Southwesterly line of said Lot 2, distant 50 feet Southeasterly from the most Southerly comer of said Lot 2; thence Southeasterly along said extension a distance of 1 5 feet; thence Northerly to a point in the Southeasterly extension of the Northeasterly line of said Lot 2 distant 15 feet Southeasterly from point of beginning; thence Northwesterly to said point of begimiing as shown in deed Document No. 772606; Hennepin County, Minnesota. r 040M2 li^in/Zl CaiEASON.ROftIN ADVANCE SURVEYING A ENGINEERING CO. 5J00S Hwy H a 101 Mmimonta. If T1* PIwm (912) 4l4 ?9M Fa* (952) 4741247 siMVEv FOR ROBIN GRIERSON SUR\TYfP JMW..004 PBAniP- i*rt« 14.20^ MVISED Saw—>»29.2004toj44p>oooMda4d<io*A RCV1|ED Odokar 14.2004 waid aBaum ^4cm ^^^^Oookar l).2004ioeanae»|*b«4oaa*a*ai pfafoaa<4«4 REVISED NoBa>>atl.2004Hiiiodrf)rp foooaadaddrtdaaAdhafOco«Ar l.^fvnaas nc)adiii| aarakom iharaip and that pan </ Ua 34. Fiiaraau incfudiai ikaiaio all daacnbad m (bllowa CaauMncint at ifct »o** 5«uih*ly c*o»ar of UM 2. Faatffiaaa. llMMa Soinhaanwly 50 faa( a)0A| Ih* aatannoaoFifwSoulMiarlx Ima of u»4 Lai 2. iRao<a <a<latti*i 65 dar«w *♦ wwwmw a d«MDca of 77 46 faai»IN actual pOMi of NfUMiat. «•< diacnbad l«m NriuttlW “ LtM*A* thaoco danactiag la tN 1*6 90 tfcttcoi »• »N ahof* of Lake KbMMoala. oiaaca Nortianr aiooi said Sim »is imaaaioii *a Soudmierly taiamioo of tha SouUmdiailr lioa of «*d 2 dma HoihwaaMrly alo^ «!«»«" *«l “•< SaudwAHaill loi* H a poini Umo« « Nvihwaalarly fro« iha moai SoudMHjr cornai of said Lot 2. Ihaoco Waataily daftecttag lo IN hA 24 dagrcoa lodioslioroof Lake Muinelotika, iheooe Sodher Ijriloni said shore » m Mmttim Midi a Ittie dfiMO WMiorty ai a r«Hi ai^lo lo ta^ lu»* *A* Aota ih* actual poiai of hetwiuni. ihonce Eaai »o «he actual pomi of bofUtfanR S6hoai«a#i**a*dcoirof ovaM*Mda»r*asfo»ih*b*M#faofih#6r^ ofih*ip*nofLoii I aadlAuffd* oi^omahovo had on 4m Souiii evor dial poiwo of aho%o lead dca:nbaa a* follows TNi pan of Lot I mdudiM accmm thoraso. Paiamaas daaenhad as eomnmwi ai die moai 5d*h«ly conJ? Loi 2. Fatcniaai. ihaou SouUmiaHy aloof iha aaieoaiOM a^ ^ * dtaiaiicaof 50r*anoihaactualpo«Miof bOfiMaiiit ihaaco Sodharti drfloi^ to iha^lo 65 dare* ^ «uMiie*. a dutaiM* of 77 66 fee*, diaau delWl-tt to ihe loft 90 dor«» . di«c* Noo)ie»1y aloof loid sho*a to aa latoisocatoo woh Iha Sodhaaawly •n*na»o* of dial.^waaia»l) Lna ofiaidLoi2.ManccNonkt«aHeny tod.**cfc»al pouaof b*|iaaoig. SirtMO to fovorwnanwl aad aovarctfo »*sHtt of ilia Slate of Miruieaaaa o» that pan *f *•'4 N»d ^ hofwoao i*ifhu«iaimafiaiiddieoidoionrlo»t«d«tn»yl Lake Miroetonka. TapM Ml* an aaaanwoi f« li^csa and 9%fmt aceoat iha foilowinf daau^bcd iran of U-id D m pon of lindar the Uadon A»dioa vacomd uicMiot aafatoona diooao flT* EMtv cm of IM 2. Fi««naaa. Hone* Soi.*aft> lo a pmm at ihe aatMi a* of M lodhMoatanv l.tia of said Lot 1 d«MM 50 foot liiiiihaaaian) fioo* tha moai Sodtarly cocnai of a*jd Lot 2. **naa likj3aaotart) alOMiaid iMrtTT"i tf i^—<f l7f4t-thoM*oHonlMt>rapoMldth*SouthaBaianyoimioaof*o tifttof ***4i jm s iaiiBi 15 faa Swulhaaitarfa fio* potoi af hosMOiaf. *anca NoninMsany loaaidpoMofhiiiiM^ioahoMiiodaadDocdOMrtNo 772606. Maowa** roudy. MawiaMOa fand duodioo of booadiry 1-^ «f dta dam^hoo TN acepaofoorawMidoai QH ocioda deMnookitf mIm yo* own. whieA »s • IdfOl otaiar chaca *a leia* deaenpi'** widi you* laMrda o* tonauA wuh con*paiani tapai cwmat if aoBBsaafy. to mU luf* dM n • cowoa and dM any auMers of roGord. Sack as oaaoMMS. that you «wsh ahown 00 Iha tmy. he»e h*« shouai 2 SNwtof Iha loeoiMi of oiM«t*P^ 4aaosad*aiporta« 5 Sao.no now oionMMM 01 *orfyait old aiaoMmaomoiMfhdiaiMnorsi/Iha piopany 4 llWMii^ and Mkolonof hard eowar and aiao id do Id foe ytno rasnau. aod foe iha remow of luchou.aioaaana^aiaocosas wayhasra|uf»s*doao»aihord<mt^aMeowm^ 5 WMa wo show pmpiirt Md*a%oowou w yod ptap««y wo not aa fcdiho* wt* ydo pMoaayauoaiM a;e Maai fanulor woh dtaroquaadoaiaof fOiAoo«H afaaaes M *oo r^Sliontro Huatiora nr t*~t i~n ia»i«ona Mfwaooma wsdxatwn of iha lapaftophy af iha sat Doal*aaoooiUiawof*l*i*oalyioih*ho«chooii,r-mlonihosd>*y Us* ihai booehmol and chad al laai ono odM feoho* ahoMo oo dia nop whM datumioo^ o«id oteooodu fd UM 00 dus loa STANDARD SYMBOLS 4 COWV |N nQW|_ * • * OowM l/T 10 ^ wMh piaoM piuf hnowti htaia Ummu Numho* 92)5. sal. unMo o*arw»io nodd I hdreby certify ibai Odd r’** ipdcilkdlioiw report ot Hifvdy wtp prepdrod by ad or uMiff oiy difdci •i4MivtiJM tod (htl 1 lo I Ucdiiiad Proftaki^ PiofddSMoal Surveyor uoddr Ihd Idtat of dw Sloio of MliodiotA o„^ui24. ^ H r«U P E n M Na 92)5 \w 0-'I&' = /4*/* NOt* Inclv)cK ‘inf\ sf , c^veih/fUA WnqVrtfeHv FILE #04-3061 B October 2004 Page 1 of 3 Date Application Received: 09-22-04 Date Application Considered as Complete: 10-04-04 60-Day Review Period Expires: 10-04-04 To: From: Date: Subject: Chair Rahn and Planning Commission Members Ron Moorse, City Administrator Melanie Curtis, City Planner 8 October 2004 04-3061, Gary Hansen of Hansen Hometech Inc. on behalf of Bill & Robin Grierson, 1989 Fagerness Point Rd - Variance - public hearing Zoning District: Lot Area: Lot Width: LR-IC, One Family Lakeshore Residential, 0.5 acrc/100’ width 0.48 acre (21,217 s.f.) 130’ @ OHWL (west) & 135’ @ 75’ setback 69 ’ OHWL (cast) & 104 ’ 75’ setback Application Summary: The applicant is requesting a 75’ - 250’ hardcover variance in order to construct a 35’ x 14 ’ addition to the existing home. Staff Recommendation: As part of any hardcover variance approval the Planning Commission deems appropriate the proposed addition be re-dcsigned to meet the 75’ lake setback. Hardship: The 0-75 ' set hack existing on two sides of the property limiting the developable area. ___________________________________________________ Pertinent Zoning Ordinance Sections Sec. 78-1288. Hard cover limitations. (b) Between 75 feet and 250 feet of the OHWL, there shall be no greater than 25 percent hard cover. Between 250 feet and 500 feet of the OHWL there shall be no greater than 30 percent hardcover. Between 500 feet and 1,000 feet of the OHWL there shall be no greater titan 35 percent hardcover. List of Exhibits A. Application B. Hardship Documentation Form C. Existing & Proposed Survey/Site Plan D. Proposed Elevations E. Submitted Hardcover Calculations F. Aerial Photo G. Property Owners List 11. Plat Map FILE #04-3061 8 October 2004 Page 2 of 3 Background 1989 Fagemcss Point Road is the second home from the end of the point. There is lakcshorc on two sides of this property and a small area of land o.itside the 75 setback where the home is located. Tlie applicant initially met with staff to discuss a proposal which required a hardcover variance but encroached on the side and lake setbacks. The applicant redesigned the plan and developed the most recent version, which meets the side setback but still requires the 75’ - 250’ zone hardcover and lake setback variances. LOT ANALYSIS WORSHEET Lot Area/Width; LR-C Lot Area Lot Width Required 21,780s.f. (0.5 acre)100’ Actual 21,217 s.f. (0.48 acre)130 ’ @OHWL(wcst)& 135 ’ @ 75’ setback 69’ (S) OHWL (cast) & 104 ’ @ 75’ setback Setback.s; LR-IC Required Existing Proposed Lake (West)75 ’50 ’69’ (addition) Lake (East )75 ’82 ’82 ’ North Side 10’10’10’ South Side 10’40 ’40 ’ Average Lakeshore A portion of the evistii.r; home encroaches into Uic owinge lake setback on the west side The proposed additior. wil| encroach into the average lakeshore setback. Structural Coverage; Total Lot Area Total Structural Coverage 21,217 s.f. (0.48 acre)Allowed: 3,182 s.f. (15%) Proposed; 2,390 s.f. (11 %) Hardcover Calculations; Hardcover Zone Total Area in /lOne Allowed Hardcover Existing Hardcover Proposed Hardcover 0-75 (West)10,206 s.f.os.r (0%) 755 s.f.* (7.3 %) 806 s.f. (7.8 %) 0-75 (East) 5385 s.f. (6249 s.f. gross area) 0s.f (0%) 1431 s.f.^ (26 %) (not including 864 s f of driveway serving neighboring property) 1431 s.f. (26 %) (not including 864 s/ of driveway serving neighboring property} 75 -250 4762 s.f.1190 s.f. (25%) 2046 s.f * (43 %) 2454 s f (51%) Aflcr exclusion of fabric or plastic-lined landscape beds FILE #04-3061 8 October 2004 Page 3 of 3 Hardcover Variance .. The property is located on a point and has lakeshore on two sides. The 0-75 zone area is 16,455 s.r, while the 75’ - 250’ setback zone consists of 4,762 s.f.. The applicant is requesting a hardcover variance in order to construct an addition to the existing home. The proposed addition will increase the hardcover within the 75’ - 250’ area by 490 s.f. or 7%. The applicant has proposed that the new addition encroach T into the 75’ setback. Stall lecls that the plan could be redesigned to meet the 75’ setback. Additionally, the survey shows a rather large patio located within the 75’ setback that could potentially be removed or reduced should the Planning Commission feel it would be appropriate. The hardcover calculations shown have been adjusted to account for the removal of the driveway which serves the neighboring property and removal of fabric or plastic lined landscape areas. The landscaped areas account for 1,052 s.f. within the 75’ - 250’ zone and 1,448 s.f. within the O’- 75’ zone. The applicant will remove the hardcover from those areas as part of this request. Hardship Statement Applicant has completed the Hardship Documentation Fonn attached as Exhibit B. and should be asked for additional testimony regarding the application. Hardship Analysis In consM0rlng applications fot variance, the Planning Conmtisslon 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 safely, 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. Planning Staff feels that this property has unique circumstances with regard to the 0-75’ zones and the Planning Commission should determine what level of, if any, hardcover variances arc appropriate. Staff does not find a hardship in order to encroach into the 75’ setback, and feels that in conjunction with any hardcover variances within the 75’-250’ zone all or .some amount of the nonconforming hardcover existing within 75’ of the lake should be removed. Issues for Consideration Arc there any otlicr issues or concerns with this application? Staff Recommendation If the Planning Commission feels that the nature of this property on a point is a significant hardship there may be justification for some level of hardcover variance in order to approve this request. 3 TiiliiAi ■ City of Orono Variance Application 'o* ■ Street Address: 2750 Kelley Parkway Orono, MN 55356 iMl Main: 952-249-4600 fax: 952-249-4616 Mailing Address: P.O. Box 66 Crystal Bay, MN 55322-0066 Application# Date Received Amount Paid: _______ Staff: t. Co Vw\jL Fee: ; I l jcx.y •• ■ S600 Renewal; $300 After-the-fact: $1,200 Double Fee This application form must be completed in full. Appicant will be noUfied within 15 days as to the status of the application. Incomplete applications will not bo placed on Planning Commisr-ion Agendas. PROPERTY INFORMATION: , J Site Address: Property Identification Number (PIN): (Attach legal description to application if not included on thecsur^y.)' Date Property Acquired (month/year): _______□ Yes, 1 own the adjacent parcels. • aPresent use of property; )Ziv Residential □ Other Zoning District: ____________________ APPLICANT INFORMATION: (Comolete legal na.res and marital status requir^ for each interested party) Name: f •ncnwrlTEcVX ----------------------------- Phone fhorneV: Phone (work): _________ Address: T~I2-C Kr»tB£e-Y>t.w‘T> lOC'n C.TVAMtShO'-jTN tvtni -------------- -------------- Email: ^(p ’>m' t-VNXAr.’n r ^ -co«•>—v______________Fax.‘t5<;-^ ------------------------- OWNER INFORMATION: (Complete legal names e-d marital status required for each interested party) Name: A'go'a.N __________________________________________________ Phone (home): hS ^ t: ^ V______________Phone (work):_________________________ Address; \qSq tTsc-.ffss -pc.^3•r . •________ i Email:Fax: DESCRIPTION OF REQUEST: Estimated Project Cost; $ Describe the request in detail (attach additional sheets if necessary): fsio ~^C' T\\^- V-/g*=»i_Vi--------------------------------------------------- AT5tM-no<u \mOv w>> iN»sv'e A f-.E:— Aioe* TS\^ P-________Om *TtVF- ^FPr-i«T________________{i]H2x Uwi:.0cv> - rtfxUgl h Rr«i>T't»^xv-iT cF Cg\ s>c>FT TO T>|C__Et-iTfi-'Y v -»AY " 1 * REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. Pre-Application Meeting Form, completed by a City Planner. \'P . Completed Application Form I ;□ ^Completed Hardship Documentation Form ^Certified Property Owners List - owners within 150‘ of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department of Finance. Government Center, A-603 300 South 6*^ Street, Minneapolis, telephone 612-348-5910 Original Certificate of Survey (signed by a licensed surveyor), meeting all jhe xejui.rernents listed within this packet, including hardcover calculations. Also provide one copy 8.5 “ x if’ pr 11" X17” for reproduction. ’ ’ . . - Completed hardcover calculation worksheets (as provided within the variance packet). Topographic survey - including existing and proposed elevations. Provide one copy 8.5" x 11" or 11" X 17” for reproduction. Sketches or plans of floor and elevation views (provide one copy 8.5" x 11" or-1.1" x 17"). J Additional items may be requested by City Staff depending on the scope of the project. * □ m□ 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: _____3 Date: Date: OWNER’S ACKNOWLEDGEMENT: The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents. Commission & Council Members for purposes of investigation and verification of this request. •r Owner's Signature: — Owner’s Signature: A i.-L-'/Date: Date: f f *V > . > ' r W 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 bo 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. JU c:.4 >• ;• 4 S • Ivv»•%-I /v 11 1 « It 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 Stale Statue Section 394.27. Subdivision 7 requires that a hardship be demonstrated in order f or 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? ^ , u .4 u This form has 12 points outlining the basis City staff uses to determine if a hardship exists and how the variance will affect the surrounding community. To prove a hardship, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of these hardship criteria as they relate to the request (some may not apply): "The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls." Kin TvV.*=L :, crsMMoT —_ \■: In/ V-'>. I-.; ._______________________________________ 1. 2."The plight of the landowner is due to circumstances unique to his property not created by the landowner." TViS: ‘Z.Irvvi-gr * -me Ejc,si1r^<E^ __ 14V.J v/DrivT« __ . . . ...- 3."The variance, if granted, will not alter the essential character of the locality." ‘ TT-tEl 1 snnn ik * ~nAf* _L.or..f»^-7tnJ vkmu -c - crag-<^v»c*r O’-. \\ P\ ■___________________________________________________—---------------------------------- "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter.’’ tvio __________________________:---------------- ^ ■ i. ^ t ^ I . '4 I ^ ^ t .A ' JM- * . .. -\4 ^‘ r " 1 4 V 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." 7. 8. 10. “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." MC>~i "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." ^'The special conditions applying to the structure or land in question are peculiar to such property or Immediately adjoining property." fS. ‘bvyg "to c.-r t.-- "Tfl "Hit ~7r V'- t •'r»-n-yV ftKlT:) r>-. SC7 •£.^gK' A imTT' f,n-< fT r-t« *n*.'-*. i'f .yj.--.puT "The conditions do not apply generally to other land or structures In the district in which said land is located." ‘The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." feTv^^’KNT ._______L_ 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." a2 Page 3 of 3 12.•The granting of such variance will not merely serve as a conv^ience^ to the applicant, but Is necessary to alleviate demonstrable hardship or difficulty. Cje»g.gry <^ .---------------------------------------------------------------------------------------------------- nocG&ssrvV TKl T>te Wtxco -.v SQ- ./^f-Qu. C4~ ----- \^.e r\BE. utJ^^c.g- ir^~pP^>4£---porz. -pprvggni---- WP C.-r- -.yr fvw -r>.ig T>i-r^-rt.£ .-..V-.^.-/ ••.• -^»v t-o..-- rr._rud:------- f f V ** ^ V ^ i 1 ■I f t1K» ~n^v. '-i-mVT/Tfn:.*' AP-g .•-I f •> / • -*•1 i&CIi 1 -A*** **• H «/ •*> • • ‘ ±•V •^•4 .V • •» f-inr V-: ./ » X \ nil '•Vr-.. MtSIl lift 1 1/21 GAIMSON. RO01N ^aovanc^^urvey^ a engineering CO, »MCI Hit >«• Ml H».(*.'»)«>»»« »MtW)4WWJ yviy lot: ROBIN GRIERSON t,mvtrtD <«.MM aWEHS. 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O ■'] 7^ O 'O' O ■*"T-*”1 —-r'""xtT:Tl-7. hi^T:' r^"2"xI“J“ Jn^TTLi-i y-V^j-.fT-i-jJ-.-I-jJ LI I-----1 nnxi.Ll.l U.«.'.i,>,» U'.V. v;ffi r;—' ■ ^ j ” II '*lV T'l '^'Ti'THTlTi H | n | * I i 171 fni F _1 . {lit I i 1 111!trfl^''tnVr1^V^ !T"^V^nTi > i m i; ■ i 1J IILil^-•ri‘^V‘’T'‘^‘-"Ti’r: I''''* rr^Yprf:^Tr^'! n'ir^irYrf!‘r-;Yi‘:!i^^ NORTH FACING rlf.«. • » • f c: i 5u liiii! i' i I< P<l ;lt iiiliiiii ltiTlVrt«HSLwTTTTTi-nr^ ' rmii-TmiaVriTin h‘^n Tfri nWH frrrr. nrn nrTTm; rn i i,r dtit^^IcfiiVi^^lMlBi^ViiViW'WyiiViViyiW^ ==*-« > —J Im,:riT^jiriTriITT!^Ii ViViT1111'lVi I (uAl^ii* iv ‘atl ' I uiiiijiiinjG^^SIMmIBBImIO l! ^ !!l !'» 4i*i ill HARDCOVER CALCULATIO SETBACK ZONE: (CIRCLE ONE) EXISTING HARDCOVER IN ZONE A. House _______________ SHEET 75-250'250-500'500-1000* Length B. Garage C. Driveway D. Sidewalk E. Palio/Dcck F. Landscape Underlain By Plastic O. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _ _ _ _ _ _ _ A ___„ PROPOSED HARDCOVER IN ZONE A. House ________ _ Length B. Garage C. Driveway D. Sidewalk E. Patio/Dcck F. Landscape Underlain By Plastic G. Other S.F. Width X X X X X X X X X X X X B D X X X X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _____ B S.F. S.F. S.F. S.F. S.F. ( SwifiS.F. S.F. S.F. S.F. S.F. S.F. S.F. 4 S.F. X 100 X 100 LPZ^W Width Sis S.F. A S F. B % "% S.F. S.F. S.F. S.F. S.F. SF. S.F. 0‘i?’0 SF. S.F. S.F. S.F. S.F. S.F. S.F. S.F. X 100 HARDCOVER CALCULATIO^W< SETBACK ZONE: (CIRCI EONE) I 0-75' EXISTING HARDCOVER IN ZONE A. House _____________ Length B. Garage C. Driveway D. Sidewalk E. Patio/Dcck F. Landscape Underlain By Plastic TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _ _ _ _ _ _ _ A PROPOSED HARDCOVER IN ZONE A. House Length D. Garage C. Driveway D. Sidewalk C. Patio/Deck F. Landscape Underlain By Plastic G. Other X X X X X X X X X X X X + B li X X X X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A B IHEET vm 75-250*250-500'500-1000' Width X 100 X 100 Width X 100 ■t04- 7>>4'l _L _SP^ 4 S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. A S.F. D _% % S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. SF. S.F. S.F. S.F. S.F. S.F. S.F. A S.F. B % ' a HARDCOVER CALCULATION WORKS SETBACK ZONE: (CIRCLE ONE) 0-75’ EXISTING HARDCOVER IN ZONE A. House Length B. Garage C. Driveway D. Sidewalk E. Palio/Dcck F. Landscape Underlain By Plastic G. Olher PROPOSED HARDCOVER IN ZONK A. House Length B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic G. Olher TOTAl. HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A X X X X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A B X X X X X X X X X X X X 250-500' Widili X 100 - Width X too - 500-1000* 01 515 >10 J5J<1 -o- S.F. S.F. S.F. S.F. S.F. SF. S.F. S.F. S.F. S.F. S.F. ) s F. ___________S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. SF. SF. SF. S.F. S.F. S.F. _S.F. A L. S.F. B •/0 « a !'e ■ i' v:.^Av, >..v • >->-.:;v ' .'v,. • )/9 ,> sv-"*' 'V** V*. *• • *v /i.-. •f • >'v-- •'* • ^ V . *'■•-;■ •y^ Av:.,“’f *^’ » -» *♦ *.•• A . -Vj .\\ *■ , «4i:, Z* ^* { 'V ■ • * '.‘‘"•Tf‘ ■* Hennepin Hennepin County Taxpayer Services Department o • ^ / • Parcel Information arcel ID 1811723140002 »' UM NuiniMr 1989 St^ Ham* FAOBIINES8 Thia Is nol a legaKy recorded map. Krepnaerrta acornpllatk)rtoilntomition at*ddata from Cffy. County, and Slate road aulfioriOesahd Other sources l RUN DATE ;t/l7/2l04 HENNEPIN “ 38 1811723140002 PROPAODR 1989 FAOERNESS POINT RD OWNER NAME W A GRIERSON 4 R W GRIERSON TAXPAYER WILUAM A GRIERSON NAME/ADDR 1989 FAGERNESS POINT RD WAY2ATAMN 55391 38 I8II7234IOOOI PROP ADDR 1991 FAGERNESS POINT RD OWNER NAME OLASLMILLIREN TAXPAYER GUY L&SALLY LMILUREN NAME/ADDR IWI FAGERNESS POINT RD WAYZATAMN 55391 38 1811723140003 PROP ADDR 1987 FAGERNESS POINT RD OWNER NAME M R MILLER4J LMILLER MICHAEL R MILLER 4 NAME/ADDR JUDITH LMILUR 1987 FAGERNESS POINT RD WAYZATAMN 55391 38 I8II72JI40004 PROPAODR 1985 FAGERNESS POINT RD OWNERNAME A IOPHEIM 4 M V OPHEIM taxpayer I OPHEIM NAME/ADDR ' FAGERNESS POINT RD WAYZATAMN 55391 I CERTIFY THATTFC FACTS RECORDS C “■ OF MY KNOWLEDGE AND BELIEF. gy L//\l t» ENT. TO THE BEST . ^ / i Application Date: 9/22/04 Incomplete Letter Sent: 10/4/04 Application considered complete: 10/29/04 60-dav Deadline: 12/28/04 REQUEST FOR COUNCIL ACTION ^rvi IMr»M •^CCTTfMQ NOV 8 2004 CITY OF CRONO CONSENT AGENDA Date: November 4, 2004 Item No.: / Department Approval: Name: Michael P. Gaffron^^,/^* Title: Planning Director / ' ^ Administrator Approval:Agenda Section: Zoning Item Description: #04-3063 WJM Properties LLC (Morries Automotive Group) - 2605 West Wayzata Boulevard - Minor Amendment to Industrial Site Plan - Lighting Plan Zoning District: I Industrial District Application Summary: WJM Properties requests the following: 1. Revisions to the approved lighting plan (4 light standards) to add eight additional standards for a total of 12. 2. Extension of the deadlines for construction of the approved Site Plan an additional year to December 31, 2005 (P(' voted 7-0 to recommend approval on 10-18). Additionally, please note that staff has granted administrative approval for minor revisions to the p;irking lot layout in conjunction with reconstruction of drainage and storm sewer systems on the site. These changes arc noted for your information. Planning Commission Recommendation On October 18 Plamiing Commission voted 7-0 to recommend approval of the requested extension, and tabled the lighting request for further infomiation. On November 3, Planning Commission reviewed the additional infonnation submitted and voted 6-0 to recommend approval of the proposed lighting plan, subject to: 1. Completion of all previously required screening plantings in the spring of 2005; and 2. This lighting plan being considered the final plan and no additional lighting for the east parking lot is likely to be approved. Staff Recommendation Staff recommends approval of the extension and the proposed lighting plan per the Planning Commission recommendation. List of Exhibits A - Resolution B - Notice of Planning Conunission Action 10-25-04 & 10-4-04 C - City Engineer Comments D - Memo and Exhibits of 11-1-04 E - Planning Commission Minutes 10-20-04 (Draft) and 11-3-04 (Draft) #04-3063 November 4,2004 Page 2 Please review the memo and exhibits of No vember 1 for information regarding this request. Planning Commission reviewed the request and held a public hearing on October 20. Planning Commission voted 7-0 to recommend approval of extension of the timeframe for applicant to meet the conditions of approval of Resolution No. 4845 to December 31,2005; and recommended on a vote of 6-0 approval of an amendment of the existing CUP to allow for revisions of the approved lighting plan for the easterly parking lot, to increase the lighting from four to twelve 25’ poles, each incorporating a double down-cast shoe-box- style 1000-watt fixture. Planning Commission discussed at some length the potential impacts to neighboring properties, the intent of the lighting increases, and how this lighting relates to the approved uses for this site. The footcandle study for the site shows that lighting within the site will remain within ES parking lot lighting standards, and the footcandle level will reduce to 0.0 FC just outside the perimeter of the parking lot and well within the lot boundaries. The shielding of the shoe-box fixtures will minimize any direct lighting impacts off-site. It was demonstrated that the nearest residences are hundreds of feet distant and existing screening, topography and buildings, as well as Highway 12 walls and bemis, will minimize the lighting impacts. Staff Recommendation Staff recommends approval per the Planning commission recommendation. A resolution reflecting the Planning Commission recommendation is attached for adoption. COUNCIL ACTION REQUESTED Adopt or amend the attached resolution. A RESOLUTION EXTENDING THE EFFECTIVE PERIOD OF RESOLUTIONS NO. 4845, NO. 4993, NO. 5059 AND NO. 5084 AND GRANTING AN AMENDMENT TO CERTAIN CONDITIONS OF RESOLUTION NO. 4845 FILE NO. 04-3063 WHEREAS, WJM Properties, LLC, (hereinafter "the applicant") is owner of the property located at 2605 Wayzata Boulevard West within the City of Orono (hereinafter "the City") and legally described as follows: Exhibit “A" attached, Heruiepin County, Mimiesota (hereinafter "the property"); and WHEREAS, the applicant has applied for an amendment to and extension of the conditional use permit and industrial site plan approval originally granted via City Council Resolutions No. 4845 adopted on August 12,2002 and modified via Resolution No. 4993 adopted June 9, 2003; Resolution No. 5059 adopted October 13, 2003; and Resolution No. 5084 adopted November 24, 2003 ; and WHEREAS, the applicant has applied for an amendment to the Industrial Site Plan Approval granted via Resolution No. 4845 to allow revisions to the approved lighting plan for the easterly parking lot; and WHEREAS, the applicant has requested a further extension of the effective period of Resolutions No. 4585, h993, 5059 and 5084 to December 31,2005, due to delays caused primarily by conditions imposed by the Minnehaha Creek Watershed District related to wetlaird buffer and easement requirements, as noted in the applicant ’s letter of request which is part of the public record of application #04-3063; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a publie hearing on October 20, 2004 and November 3, 2004, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. Page 1 of 6 Minnesota; 1. 2. 3. 4. 6. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS This application was reviewed as Zoning File ##04-3063. The property is located in the (I) Industrial District. The Orono Planning Commission reviewed this application on October 20,2004 and on a vote of 7 to 0, recommended approval of extension of the timeframe for applicant to meet the conditions of approval of Resolutions No. 4845, 4993, 5059 and 5084 to December 31, 2005; and after further review of the application at a continued public hearing on November 3, 2004 recommended approval on a vote of 6-0 for an amendment of the existing CUP to allow for revisions to the approved lighting plan for the easterly parking lot, finding that the proposed lighting plan to increase from four 25-foot poles each with double-1 000 Watt downcast shoe-box style fixtures, to twelve such poles, will have no significant impacts on neighboring properties, and finding that such lighting is appropriate for the uses approved for the property. The City Council finds that the proposed increase in lighting under the proposed plan will have minimal impacts on surrounding properties and is necessary to support the uses approved for this site while being designed in a manner that will minimize direct lighting spillover to surrounding properties. The City Council finds that the basis for an extension of the effective period of Resolutions No. 4845,4993 and 5059 as presented by the applicant is a unique circumstance which supports the granting of the extension. The City Council has considered this application including the findings and recommendations of the Planning Conunission, reports by staff and comments of the applicant and the effect of the proposed use on Ute health, safety, and welfare of the community. Page 2 of 6 CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby approves an extension of the effective period of Resolutions No. 45S5, 4993, 5059 and 5084 to December 3 1,2005; and hereby approves an amendment to the Industrial Site Plan Approval granted via Resolution No. 4845 to allow revisions to the easterly parking lot lighting plan to increase from four 25-foot poles each with double-1000 Watt downcast shoe-box style fixtures, to twelve such poles, subject to the following conditions: 1. 2. 3. 4. 5. 6, The berm and plantings for parking lot screening as required by Resolution No. 4845 along the northerly and northeasterly perimeters of the easterly parking lot shall be installed no later than June 30, 2005. The conditions of Resolutions No. 4845,4993,5059 and 5084 shall remain in effect except as modified by this Resolution. The lighting plan is approved per the site and lighting plans attached hereto as Exhibit B, and any further revisions to these plans may require further City review and approval. The applicant is advised that the lighting plan herein approved is considered by the City to be the maximum extent of lighting that will be approved for the easterly parking lot. Authorities granted by the conditional use pemiit run with the property not witli the applicant. Violation of or non-compliance with any of the temis and conditions of the conditional use pennit approval shall constitute a violation of the zoning code, shall automaticallv tenninate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned applicant and property owner has read, understands and hereby agrees to the tenns of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. IPage3of6 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 8th day of November, 2004. ATTEST: Linda S. Vce, City Clerk For WJM Properties, LLC: Maurice J. Wagener, Chief Manager Barbara A. Peterson, Mayor Page 4 of 6 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this day of 2004 by _ of WJM Properties, LLC, a Minnesota limited liability corporation, on behalf of the corporation. Notary Public I Page 6 of 6 B II- VI , 6t| CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 TO: WJM Properties LLC 12520 Wayzata Boulevard Minnetonka, MN 55305 ZONING FILE: #04-3063 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: November 4, 2004 COPIES:Peter Joluison 1055 E. Wayzata Blvd. Suite 300 Wayzata, MN 55391 TYPE OF APPLICATION: CUP Amendment - Lighting, etc DATE OF MEETING: November 3, 2004 Planning Commission recommended as follows: Motion: Recommend approval of the revised lighting request, subject to: 1. Completion of all previously required screening plantings in the spring of 2005; and 2. This lighting plan being considered the final plan and no additional lighting for the east parking lot is likely to be approved. VOTE: 6 FOR 0 AGAINST Applicant’s next scheduled meeting is confirmed as; City Council • Monday, November 8, 2004; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they arc available from the City Recorder after review and approval by the Plarming Commission. If you have questions, please call Plaiming Director Mike Gaffron at 952-249-4600. Hov 03 2004 10i47 BONESTROO ROSENE flNDERLIK 6316381311 5 Memo i/\t BofMStroo Sfi Jloscnc Andtrfit6 AssocMes Prajoct Name: Worries Automotive To: Tom Kellogg From: Sue Opsahl Re: Photometric Layout Client: File No: 139-04-000 I Date: 11/3/04 « • Ramarka: . • •«» lot lishtinK Uyout for Motries Automotive, we feel that the layout does meet the lES stands we use i. Id Society) states that the average footcandles for a parking lot is 2-5 fc and desig . parking lo . .i— waitinK^rl didn’t state an average or a max-.o-min ratio, it appears that the layoui■ mav in niin ntio of 15-1. While the plan we evaltiated didn’t state an average or a max-.o-min « appemw 5oTf;S ‘’ilSi?ie^ sund^ Our estimation on tiie layout we evaluated is that the average footcandlc level is 4.i V* ’ ! yWike V • *. • BonaMttoo, Roaene, Andartm and Aaaoeisiai. Ine.wmrJfonmaima, Btrauiomee: 2)39 West Hlehway 36 at. Paul. MN S6113 prone; Ml 636 4600 PaK 661-636-1311 1916 West Mequon Rose Maquen. Wi S300a Phone; aB3-241-44M Pax 262-241-4601 1l2T*6lraelNE ftachasiBr. MN 96906 Phone: 907-2S2-2100 Pax 907-292-3100 \MWnutr omca: 309 90>Sna(SW WMmar. MN 96201 Phor« 320-214.6997 Fax 320-214-0496 St Cloud Office: 3721 23" Sirael 8 SL Ooud. MN 96301 Phone: 320-291-4993 Fax 320-291-6292 Orayslaka Cffi 669 Seal Sahhdaic Oiayalaka. 6.90O: Phene: •47-94a« Fax 847-S49697' .1 -iaT .• -’sehae>sW«Ma :irc4pt« ^ Application Date: 9/22/04 Incomplete Letter Sent: 10/4/04 Application considered complete: 10/29/04 60-day Deadline: 12/28/04 TO: FROM: DATE: SUBJECT: D /A Chair Rahn and Orono Planning Commission Members Ron Moorse, City Administrator Mike Gaffron, Planning Director November 1, 2004 #04-3063 VVJM Properties LLC (Morries Automotive Group) - 2605 West Wayzata Boulevard - Minor Amendment to Industrial Site Plan - Review Lighting Plan List of Exhibits: A - Notice of PC Action 10-25-04 B - Letter from Universal Underwriters Group 10/22/04 C - Lighting Studies - 1000 W, 440 W (too big to copy, but will be available at \sork session) D - Site Cross-section distributed 10-18-04 E - Highway 12 Corridor Cross-sections F - Lighting Proposal Sheet A2 Dated 6-6-02 G - Memo and Selected Exhibits of 10-15-04 H - Sample Lighting Ordinances - Minnetonka; Way’zata; Medina; Raleigh NC; 1 - Outdoor Lighting Article from ‘Twin Cities Green Guide ’ Application Summary: WJM Properties requests the following; 1. Revisions to the approved lighting plan (4 light standards) to add eight additional standards for a total of 12. 2. Extension of the deadlines for construction of the approved Site Plan an additional year tja December 31, 2005 (PC voted 7-0 to recommend approval on 10-18). Staff Recommendation: Staff recommends approval of the plan as presented, subject to any additional conditions Planning Commission feels are necessary. At your October 18 meeting. Planning Commission tabled the lighting request pending receipt of additional information, as follows; I. Detailed request from applicant ’s insurance company spec if>ing in detail what minimum level of lighting is required, (h'e are now in receipt of a ietter from the insurance company) 2. Detailal specifications on tlie t\pe of ligliting fixtures pn'*iK).scd, including style, shielding, etc. (The proposed down-cast iighting style is depicted on attached Sheet A 2 dated 6-6-02) ^04-3063 WJM Proptrtics LLC November 1| 2004 Page 2 3. Analysis by the applicant’s lighting company of other options for lighting, including but not limited to one or more of the following: - varying the wattage of the fixtures (A 400-watt plan has been provided) - varying the height and/or number of fixtures - varying the placement of fixtures 4. Information on whether any building mounted lighting is proposed. (The new lighting study incorporates the proposed down-cast building-mounted lighting which was included in the 2002 review). 5. Elevation-view cross-section of parking lot from Higliway 12 to back of parking lot, to show the relative heiglits of fixtures in relation to their visibility from Highway 12. (Cross- sections relating to Highway 12 and to the areas to the south of the site have been included). It has been the City ’s philosophy and policy that commercial and residential lighting be limited to only the extent necessary, to retain the dark night skies characteristic of this rural area. While staff recognizes that the Industrial District is not “rural”, properties in the surrounding rural area have the potential to be negatively affected by lighting in the Industrial District if that lighting is not properly designed. The 2002 staff memo from City Planner Paul Weinberger included the following; “The individual ligliting in the paridng lot is proposed to include two 30 ’ higli twin-head light poles in the east parking area and five 25 ’ high twin-head light poles to cover the fi-ont display areas. The proposed lighting is not consistent with what has generally been approved as part of site plans for properties in the Highway 12 area. The Orono City Hall parking lot has a series of lights that arc 14 ’ high and of a lower wattage. The light structures proposed by applicants are of the style generally accepted by the City, (See Exhibit H) There are two existing light stmetures in the east parking area of the Morries Site. Each light pole is at least 30 ’ in height and has 4 lights attached to each pole. The zoning ordinance prohibits light fixtures that expose the source of the light at the property line. The height and location of the poles is the primary issue. Orono is a residential community ^^^th a rural character. The City has discouraged lighting that would be located on high poles with high wattage bulbs. The City would rather have more lights at lower height, with less light output. The five lights proposed to be located at the north end of the building are proposed to illuminate a sales area. c #04.3063 WJM Properties LLC November 1,2004 Page 3 Lighting on this site should be limited to an amount sufficient to provide safety and security to the site. The lighting should not be bright enough to attract the attention of passing motorists to the property." The Planning Commission ultimately recommended that the lighting in the east parking lot be limited to poles 25' in height, and on the north side of the building, 20’ maximum height. This was accepted by the Council and became a condition of the approval resolution. Impact on neipliborine properties. The submitted lighting studies (or light distribution plans) are based on twelve (12) twin head poles, 25' in height, using 1000 watt bulbs or 400 watt bulbs, spaced throughout the site as shown in Exhibits C. Tlie submitted materials show that the lighting will be doum- cast shoe-box style, such that views ofthe light sources (bulbs) will be minimized or eliminated from outside the properly for both the building mounted ligliting and the pole-standard lighting. The 25' pole height is approximately 2/3 the heiglit ofthe pre-existing poles, and with shoe-box fixtures tlie resulting lighting will be less visible from outside the site. Otlicr cities have ligliting codes that limit tlie light spillover to certain maximum levels for adjacent riglits- of-way or to residential property. For example, Minnetonka limits spillover and reflected glare onto adjacent residential property to 0.5 footcandles, and 1.0 footcandles into adjacent commercial or industrial property. The proposed plan using a total of twenty-four 1000-watt bulbs in shoc-box-style fixtures 25’ high, results in from 0.0 to 1.0 footcandles at the perimeter of the parking lot (with a few hot-spots up to 1.4 FC), and generally less than 0.5 FC just outside the lot. This plan would appear to meet the Minnetonka standard. The 400-watt proposal leaves significant areas of the parking lot at 0.0 FC, which would be unacceptable from a safety and security standpoint, similar to the City Hall parking lot... The ligliting study was received on Friday October 29 and has been submitted to the City Engineer for review and comment. We hope to have at least a verbal report in time for the Work Session. Staff Recommendation Assuming we receive no negative comments from the City Engineer, staff recommends approval of the proposed lighting plan. As an aside. Planning Commission should review the variety of lighting codes (see attached, and/or do your own internet search on “lighting ordinances", etc.) to determine whether and to what extent Orono should upgrade its lighting standards. k CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 TO: WJM Properties LLC 12520 Wayzata Boulevard Minnetonka, MN 55305 ZONING FILE: #04-3063 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: October 25. 2004 COPIES: Peter Johnson 1055 E. Wayzata Blvd. Suite 300 Wayzata, MN 55391 TYPE OF APPLICATION: CUP Amendment - Lighting, etc. DATE OF MEETING: October 18, 2004 Planning Commission recommended as follows: Motion: Recommend approval of extension of the timeframe for applicant to meet the conditions of approval of Resolution No. 4845 to December 31, 2005; and table revised lighting request in order to allow applicant time to provide additional requested information regarding tire lighting proposal to make that aspect of the application complete. VOTE: 7 FOR 0 AGAIi\3T Applicant's next scheduled meeting is confirmed as: Planning Commission Work Session - Wednesday, November 3,2004; meeting starts at 5:30 p.m. Infonnation received by 10:00 a.m. on Friday, October 29 will be included in the packet to be mailed that afiemoon. 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 Planning Director Mike Gaffron at 952-249-4600. 60-day Review Period, hifomiation received October 11, 2004 was deemed to complete the minimum application requirement, although the Planning Commission has requested additional information in order to reach a conclusion on the request. Therefore, the initial 60-day application review period will begin October 11, 2004 and will expire December 10, 2004. s u. <M2)A3i>2eea >nh«SFAX' (tS2) 803.2468 .AIMS TOLL Fttefi FAX: (6M)4M-37M ♦ ‘ I 1 T6L8FMONE; (as2j aai.i .-a < TOU.FRfiB: It00>4ea~in? U niversal U nderwriters Group regional office —3600 Minnesota Drive, Sulla SOS • Edina. Minnesota 55435-6247 UNn/ERSM. UNOIRWWTSRS INSUIUNCe COMPANY UNiVEHSAt UNCERWfVrSRS SERVICE CORPORATION UNIVERSAL UNOeRWRITIRS ACCIFTANCS CORPORATION «VeRSAk UNDERWRITERS INSURANCE SERVICES OF TEXAS. INC. MEMBER COMPANIES UNIVERSAL UNOCRWRITERS UPB INSURANCE COMPANY UNIVERSAL UNDERWRITERS OF TEXAS INSURANSC COMPANY universal underwriters insurance services, INC UNIVERSAl UNDERWRITERS INSURANCE SERVICES Of i-LAS.-W .'NC Morrien Automotive Group a TTN: Mr. Mauhcs Wtirsner 12550 Wayzata Blvd. MifiDotunla, MN 55305 October 22, 2004 Re: Pf0mlses/L0t Seeurity Account Wo.; 002953200 Policyholder: Monies Automotive Croup Location: 1805 Old Hwy W.. Orono, Md , Dear Mr. Wegener AS you aie doubnese aware, bmulary. vehicle thelU malicious mischief, vandalism and pilferage are areas of significant exposure for retail automotive dealerships. The number and vadocy of vehicles typically stored or* premises on an ongoing basis constitute a seemingly iaesistiblc lempiation for some of our lc« than law abidinc citizens. We therefore recommend a number of loss prevention methodologies including the following: ► It is strongly ceconuneadcd that sll exterior areas of the building be illuminated and Uiat comprebensive exterior lighting should iUuminaie all areas, leaving no shadows or darkened 2anes. > If feasible, it is suggested that landscaping and natural teirain (ditches and embaukmems) be unlizsd to enclose/protect storage lots and display areas. ^ It is recommended that you consider the Installation of closed circuit surveillance canteras or, in the alternative aon-operating cameras with signage advising that the premises arc uodn ’ pbomgraphic surveillance. > Consider the installation of a burglar alarm system, monitored by a central station mcBilcf«g sendee. While there are other more costly aud extrema security measures which can be undertaken, (he recomntsndacicr:^ noted above should doier the majority of intruders. We would add that proper aiumiiuiion of the premises is likewise helpful ftom the pc.'spective of minurixtng sli' and-fall exposures for both cuaiomers and employees. In the seemingly long winter moc*hs experienced in " Minnesou, extended hours of darlmess ere such that frequent pedestrian Daflic must be anticipated after duak; dea^rehi^*'^^ extenor lighting will go far toward avoiding potentially significant liability claims as against the Should you have additional questions with respect to any aspect of the piemises/lot security recommendations set forth above, please do not hc-iitate to contact this office. Yourt very Uuly» —X—A uniHir J. Anderson Kji^nal Claims Manager DJA:tm;21.1/I ce;Mr Ron Wolf c/o Motries Mazda i e ftlOBJl ^ mmm^9 0yXitnth fmMn€9Mi 6W ir^ #'■“* ^'fC'ft >-----r“-»■•* • «»*• /- f.•:.•/•'•• V ♦ :#»’^ *1 :li .-. V* V ^1 y •) LEGEND. ■ - - _ INPLACC ROADWAY NCW CONSTRUCTION PCOCSTRIAN CURS RAMP TRAFriC FLOW Application Date: 9/22/04 Incomplete Letter S:nt: 10/4/04 60-day Deadline: F.eview Period Not Started as of 10/12/04 TO:Chair K.'hn and Orono Planning Commission Members Ron Moorsi. City Administrator FROM: DATE: Mike Gaffiron, Planning Director October 15, 2004 SUBJECT: #04-3063 WJM Properties LLC (Morries Automotive Group) • 2605 West Wayzata Boulevard - Minor Amendment to Industrial Site Plan List of Elbibits: A - Application & Letter of Request B - Incomplete Notice 10/4/04 C - Revised Site Plan/Survey D - Most Recent Approved Site Plan/Survey E - Partial Lighting Study Provided 10-12-04 F - Chronology of Recent Zoning Applications G - Plat Map H - Property Owners List - vO-U.V r. / - f \ n -o Application Summai7: WJM Properties requests the following: 1. Revisions to the approved lighting plan (4 light standards) to add eight additional standa for a total of 12. Extension of tlie deadlines for construction of the approved Site Plan an additional year t j December 31,2005. Additionally, please note that staff has granted administrative approval for minor revisions to th i parking lot layout in conjunction with reconstruction of drainage and storm sewer systems on th : site. These changes are noted for your information. Staff Recommendation: Approval of the requested extension to December 31, 2005; table request for lighting expansion pending additional infomiation^______________ I #04-3063 WJM Properties LLC October 15| 2004 Page 3 Parking Lot Lighting The applicant has indicated in the August 16,2004 letter from attorney Peter Johnson that "two new li^t poles are proposed”. TlTishassincebeenverballymodifiedtoarequestfornvelve(12) nvinhead poles, 25' in height, using 1000 watt bulbs, spaced tliroughout the site as shown in Exhibit E. This partial lighting study was not accompanied by any detailed infomiation about the fixtures proposed. Staff is advised by Mr. Jolmson tliat the need for additional lighting comes from the applicant’s insurance company, but no written infomiaticn has been provided regarding the extent of the need or tire insurance company’s minimum requirements. The lighting study is incomplete from the perspective of staff and the City Engineer, and the following infomiation should be provided in order for staff to make an informed recommendation to the Planning Conunission and Council; 1. 2. 3. Detailed request fiom applicant’s insurance company specifying in detail what minimum level of lighting is required. Detailed specifications on the type of ligliting fixtures proposed, including sMe, sliielding, etc. /-.Cl H/• vr. • Analysis by the applicant’s lighting company of other options for lighting, including but not limited to one or more of the following; - varying the wattage of the fixtures - varying the height and/or number of fixtures - varying the placement of fixtures 4. Information on whether any building mounted lighting is proposed. 5. Elevation-view cross-section of parking lot from Highway 12 to back of parking lot, to show the relative heights of fixtures in relation to their visibility from Highway 12. Please note that it has been the City’s philosophy and policy that commercial and residential ligliting be limited to only the extent necessary, to retain the dark night skies characteristic of this rural area. Extension of Approval Timeframe Due to ongoing discussions withMCWD regarding the wetland status of the ditches on the site, applicant has not been able to make all the intended site improvements as quickly as anticipated. Staff has no problem with extending the approvals to December 31,2005. Staff Recommendation Staff recommends approval of extension of the timeframe for applicant to meet the conditions of approval of Resolution No. 4845 to December 3 1,2005; staff recommends tliat the lighting request be tabled until the above-noted information has been received and reviewed. «^04-3063 WJM Properties LLC October IS, 3004 Page 2 Background Li August 2002 Council adoptedResolutionNo.4S45 granting approvalsfor Monies Automotive Group to operate a variety ofautoroobile prep, repair, wholesaling and fleet sales business activities on this property. In June 2003 the Council adopted Resolution No. 4993 granting a CUP per Section 10.50 Subd. 3(A)(4) to permit the construction of a private motor fuel station to support the body shop, auto prep and wholesaling aspects of the use, and granted amendments of the prior approval to allow refinisliing of the west facade of the existingbuilding witli EIFS (Exterior Insulation Finish System) to result in a more unifomi look to thebuilding, and to allow construction of a 40-foot bituminous driveway from the east parking lot to the east property line. In October 2003, due to delays caused primarily by conditions imposed by the Minnehaha Creek Watershed District related to wetland buffer and easement requirements, via Resolution No. 5059 WJM Properties was granted an extension of tlie prior approvals to December 31,2004, or an extension of 16 months; and was allowed to temporarily place a fence in place of thebemis and plantings at the nonh end of the east parking lot. In November 2003 WJM Properties was granted approval viaresolutionNo. 5084 for an addition to the existing detached garage at the rear of the site. Tlic current application is primarily a result of the applicant’s insurance company apparently requiring additional parking lot lighting for safety and security purposes. Site Grading, Drainage and Parking Lot Layout Tire approved site plan for tire easterly parking lot included 4 planting islands w'lrich functionally and visually separated the lot into three segments - north, middle and south. The four existing 45' high light standards were to be replaced with 25' poles. During Monties early use of the property it became apparent that the existing stomiwater drainage systems, both above and below ground, were in poor condition and needed to be replaced and modified. In conj unction with repaving the parking lot, it was detemiined that a central drainageway was needed to accommodate site drainage, and this was proposed as a consolidation and expansion of the northerly two landscape islands. Staffhas approve.'lis reconfiguration, including replacement of an equal square footage of lost paved parking area, which /ill be recovered at the south end of the lot where it will have no new impacts. I PfHP4% ri u u. d »- 5 M IJ. i h-ui r- tN CD inn 0) 1^ <s 01 lA f-4 fa CM IN c- L?' hi^cf f ^ .r- M U. i /) r- 04 ID inn ID (S S) • • in (r-4 ID ID W V. f-4 r-i S> (H {n u>!Nw 3ED ------- ------------ 1 MmO BED» E THE EYOND I -J C. j .r>p * ! I 0 © 1? 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PH and 7-0 recommendation for approval Council adoption of Resolution No. 4845 (Document No. 3706843) - reference approved site plans and building elevation plans attached as Exhibits B and C of August 5, 2002 Weinberger staff memo to Council - reference approved grading plan dated August 7,2^^2 per City Engineer Kellogg letter of August 14,2002 Weinberger memo to Council indicating minor text revisions to Resol. 4845 were being made to allow phasing of the unproved improvements. The memo was in the Council ’s 8-26-02 packet as inform.uion only (no action required), no discussion resulted, hence the changes were deemed accepted; however, the phasing language did not get added to the City record copy nor to the copy recorded at Heimepin County as Document No. 3706843. Nevertheless, the phasing language should henceforth be considered as having been approved. MPCA Letter of No Further Action Determination MCWD letter indicating permit approval subject to a number of conditions requiring action and submittals by Morrie’s FILE #03-2902 April 23,2002 May 19, 2003 June 9,2003 Submittal of Application #03-2902 requesting amendment to prior approvals, to include: 1) CUP for motor fuel station; 2) Refinishing west side of building witli HIFS; and 3) Approval to construct 40' bituminous driveway from east parking lot to east property line. Planning Comm. PH and 5-0 recommendation for approval Council adoption of Resolution No. 4993 (Document No. 3916367) - reference Exhibits of May 19,2003 Gaf&on memo to PC Morries Chronolog Page 3 August 16,20C t Peter Jolinson letter to MPG re: 1) Looking for formal approval for grading and drainage changes as earlier discussed, including relocation of storm sewers and addition of a green space in mid-parking lot, adding S trees to this space to break up the parking lot. MPG has administratively approved this very minor revision to the site plan, Peter wants written OK; 2) Wants to add two light poles (with double heads) to the existing 4 poles approved at 25' height for a total of 6 light poles in the east parking lot; 3) wants deadline for construction extended to December 31,2005 since not all work approved with Resolution No. 4845 can be accomph-hed by 12-31*04 due to delays as a result of discussion with MCWD regarding wetland exemptions. September 17,2004 MPG phone discussion with Johnson - now they are looking to increase lighting in the cast lot to 12 fixtures; MPG indicated if they can reduce pole height to 15' we will have no problem with that change. September 20,2004 MPG call to Johnson to notify him that he should apply for a CLP amendment by noon Wednesday 9/22/04 for the October PC meeting, for the lighting changes and the extension to 12-31-05. FILE #04-3063 September 22, 2004 Submittal of Application 1^04-3063 requesting amendment of CUP to allow revisions to parking lot grading/drainage plan and for increased parking lot lighting. Use Avery* TEMPLATE S160* 38 3311823110003 Dahlstrom Development LLC 7745 Polaris Lane Maple Grove, MN 5531 1 38 3311823130011 VCI Capital Inc. P.O. Box 375 Long Lake, MN 55356 72 311823140005 Church of St. George 133 Brown Rd. N Long Lake, MN 55356 72 3311823140018 Metrotech Products LLC c/o Tek Products Inc. P.O. Box 547 Long Lake, MN 55356 38 3311823310010 B N & Santa Fe RR Co. Property Tax Dept. P.O. Box 961089 Fort Worth. TX 76161 •09 IS 1-800GO-AVERY OM-30G5 38 3311823120008 Professional Prop. Of Orono LLP 835 Partenwood Long Lake, MN 55356 38 3311823130012 VCI Capital Inc. P.O. Box 375 Long Lake, MN 55356 72 3311823140011 Etco Properties Inc. 15500 Wayzata Blvd. #754 Wayzata, MN 55391 72 3311823140019 City of Long Lake 450 Virginia Avenue Long Lake, MN 55356 38 3311823420008 Speak The Work Church 515 Jersey Ave. S Golden Valley, MN 55426 AM3AV09-008-1 uiej/UaAeAAMM 38 3311823130002 Ace Properties LLC 5465 State Hwy 169 N Plymouth, MN 55442 38 3311823130015 W JM Properties LLC 12550 Wayzata Blvd. Minnetonka, MN 55305 72 3311823140015 Rothgreaves Holdings LLC 3085 Casco Point Rd. Wayzata. MN 55391 72 3311823140020 Lartch Development Co. Fred Hanus 15801 West Oaks Minnetonka, MN 55345 38 3311823420013 MN DOT Director of R/W Operations St. Paul. MN 55155 4 t09lS •* U.I* i «• //{/f A Page 1 of 1 !• 1. Purpose. / The purpose of performance standards is to establish specific and quantifiable limitations on identified types of pollution and other activities which have a high nuisance potential. The performance standards apply in all zoning districts unless specifically stated to the contrary. 2. Performance Standards Regulating Exterior Lighting. a) Exterior lighting shall be designed and arranged to limit direct illumination and glare upon or into any contiguous parcel. Reflected glare or spill light shall not exceed five-tenths footcandles as measured on the property line when abutting any residential parcel and one footcandle on any abutting commercial or indusUial parcel. Street lights installed in public right-of-way shall be excepted from these standards. b) Mitigative measures shall be employed to limit glare and spill light to protect neighboring parcels and to maintain traffic safety on public roads. These measures shall include lenses, shields, louvers, prismatic control devices and limitations on the height and type of fixtures. The city may also linut the hours of operation of outdoor lighting if it is deemed necessary to reduce impacts on the surrounding neighborhood. c) No flickering or flasliing lights shall be permitted. d) Direct, off-site views of the light source shall not be permitted except for globe and/or ornamental light fixtures approved in conjunction with a site and building plan. Globe and ornamental fixtures shall only be approved when the de veloper can demonstrate that off-site impacts stemming from direct views of the bulb are mitigated by the fiAturc design and/or location. e) The city may require submission of a light distribution plan if deemed necessary to ensure compliance witli tlie intent of this ordinance. http://www.amlegal.com/nxt/gatcway.dll/Minncsota/Minnctonka/chapter00004.hlm?f=tenL .. 11/1/2004 0^ D.Modifications which serve to alter the average and typical natural grade of an individual lot more than two (2) feet shall require the approval of the City Council. 801.16.5: TRAFFIC SIGHT VISIBILITY TRIANGLE: Except for a governmental agency for the purpose of screening, no wall, fence, structure, liec, shrub, vegetation or other obstruction shall be placed on or extend into any yard or right-of-way area so as to pose a danger to traffic by obscuring the view of approaching vehicular traffic or pedestrians from any street or driveway. Visibilitv from, any street or driveway shall be unobstructed between the height of three. t) feet and six (6) feet, measured from where both street, driveway or railway center lines intersect within the triangle described as beginning at the intersection of the projected curb line of two intersecting streets or drives, thence thirty (30) feet along one curb line, thence diagonally to a point thirty (30) feet from the point of beginning along the other curb line (see attached drawing). The exception to this requirement shall be where there is a tree, planting or landscape arrangement within such area that will not create a total obstruction wider than two (2) feet. These requirements shall not apply to conditions that legally exist prior to the effective date of this Ordinance unless such conditions are determined t'' constitute a safety hazard by the Zoning Administrator. 801.16.6:GLARE: Any lighting used to illuminate an off-street parking area, sign or other structure, shall be arranged as to deflect light away from any adjoining residential property, over public water or from the public streets. Direct or sky-reflected glare, where from floodlights or from high temperature processes such as combustion or welding shall not be directed into any adjoining property or over public water. The source of lights shall be hooded or controlled in some manner so as not to light adjacent property or over public water. Bare incandescent light bulbs shall not be permitted in view of adjacent property, over public water, or public right-of-way. Any light or combination of lights which cast light on a public street shall not exceed one (I) foot candle (meter reading) as mensuivd from the center line of said street. Any light or combination of lights which case light on residential property or over public water shall not exceed four (4) foot candles (meter reading) as measured from said property. 801.16.7:SMOKE The emission of smoke by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulation APC 7005, as amended. DUST AND OTHER PARTICULATED MATTER:801.16.8: The emission of dust, fly ash or other particulatcd matter by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulation APC 7005, as amended. 801.16,9: ODORS: The emission of odor by arty use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulation APC 7005, as amended. 801.16.10:NOISE: Noises emanating from any use shall be In compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulations KCP 7010, as amended. I 4 F M'3 / CITY OF MEDINANA f ORDINA^NCE NO. 347 AN ORDINANCE ADDING SECTION 829 TO THE CITY CODE REGARDING THE REGULATION OK LIGHTING WHICH AFFECTS THE NIGHTTIME ENVIRONME.NT The City Council of the City of Medina Ordains as follows: SECTION 1: Section 829 et scq. is hereby added to the Code of Ordinances as follows: Section 829.01. Purpose and Intent. Subd. 1 . Sections 829.01 et scq. shall be known as the outdoor lighting ordinance. It is the intent of this ordinance to define practical and efTectivc measures by which the obtrusive asjKCts of excessive and/or careless light usage that affects the nighttime environment can be minimi/ed, while preserving safety, security and the nighttime use and enjoyment of p - -ly. These measures are intended to curtail the degradation of the nighttime visual environment by encouraging lighting practices that direct appropriate amounts of light where and when it is needed, increasing the use of energy efficient sources, and decreasing the wastage of light and glare resulting from overligltling and poorly shielded or inappropriately directed lighting fixtures. Subd. 2. All outdoor illuminating devices shall be installed in conformance with the provisions of this ordinance and the Minne.sota State Building Code as applicable and under appropriate permit and inspection. Section 829.02. Definitions. As used in this ordinance, unless the context clearly indicates otherw ise, the following words atul phrases shall have the meanings given to them: Subd. 1. Certified l.ightiiiv ’. Professional . Any person holding ceilification by the National Council ofOualifications for the Lighting Professions, International Association of Lighting Management Companies or the Association of Energy Engineers. Subd. 2. Class I Liebting . All outdoor lighting used for, but not limited to, outdixu sales or eating areas, assembly or repair areas, advertising and other signs, iccreational facilities and other simihir applications where color rendition is important to presene the effectiveness of the activitv . Designation of lighting as Class I requires a finding by the zoning administrator of the essential nature of color rendition for the application. Class 1 uses include outdoor eating and retail fix^d or beverage service areas; outdoor maintenance areas; display lots; and assembly areas, such as concert or theater amphitheaters. Subd. 3. Class 2 LifibliDB- All outdoor lighting used for, but not limited to. illumination for walkways, roadways, equipment yards, parking lots and outdoor security where general illumination for safely or security of the grounds is the primary concern. RHB I9563l»6 Nurjo-s 1 Ord.rUBKC* >47 No^cn'.ba 6, 20CI \ t} I Subd. 4. Class 3 Lighting. Any outdoor lighting used for decorative effects including, but not limited to, architectural illumination, flag and monument lighting, and illumination of landscaping. Subd. 5. Direct llluminatic.i. Illumination resulting from light emitted directly from a lamp or luminaire, not light diffused through translucent signs or reflected from other surfaces such as the ground or building faces. Subd. 6. Directly Visible . Allowing a direct line-of-sight to the light source or lamp, Subd. 7. Flood Light or Lamp. A specific form of lamp designed by the manufacturer to direct its output in a specific direction (a beam) but with a diffusing glass envelope. Subd. 8. Footcandle ((c). A unit of illuminance equal to one lumen per square foot. It is the luminous flu.\ per unit area in the Imperial system. One footcandle equals appro.ximately 10 (10.76) lux. Subd. 9. Full Cutoff Light Fixture. A luminaire light distribution where no light is emitted above the horizontal, and where the intensity at 80 degrees from nadir (straight down) is no greater than 100 candela per 1000 lamp lumens. Subd. 10. Fully Shielded Light Fixture . A lighting fixture constructed m such a manner that 95% of all light emitted by the fixture, either directly from the lamp or a diffusing clement, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizontal as determined by photometric test or certified by the manufacturer. Up to 5% of the light emitted may shine above the horizontal. Any structural part of the light fixture providing this shielding must be permanently affi.xed. Subd. 11 . Glare . The sensation produced by a bright source within the visual field that is sufficiently brighter than the level to which the eyes are adapted to cause annoyance, discomfort, or loss in visual performance and visibility. The magnitude of glare depends on such factors as the size, position, or brightness of the source, anu the brightness level to w hich the eyes are adapted. Subd. 12. Glass Enclosed Area . Interior building spaces with extensive use of glass or other transparent or translucent material, including atria, sky lighted areas, conservatories or greenhouses, in which interior lighting of the area will provide illumination onto adjacent exterior spaces. Subd. 13. lESNA. Illuminating Engineering Society of North America Subd. 14. Installed . The attachment or assembly fixed in place of any outdoor light fixture, w hether or not connected to a power source. Subd. 15. Light pollution. An> adverse elTect of manmade light. Subd. 16. Light Trespass . Light falling where it is not wanted or needed, including across property boundaries. Mi:2}0-S Ordinance i J47 November 6, 20CI Subd. 17. Lighting Zones. An overlay zoning area in which maximum levels oflight are established. The four lighting zones are defined on the lighting zone map and by this reference made a part of this ordinance. A parcel located in more than one of the lighting zones described herein shall be considered to be regulated by the lighting zone it is in. Guidelines used to guide the delineation of the lighting zones are: a) Lighting Zone E4. Areas of high ambient lighting levels. This zone generally includes urban areas with primary land uses for commercial, business and industrial activity, including highway commercial and downtown districts. b) Lighting Zone E3. Areas of medium ambient lighting levels. This zone generally includes suburban re«'idcntial areas, bu* neighborhood commercial or industrial parcels largely surrounded by suburoan residential uses may also be included. c) Lighting Zone E2 . Areas of low ambient lighting levels. This zone generally includes rural residential and agricultural areas, but mav also include small outlying neighborhood commercial and industrial areas surrounded by rural residential areas. d) Lighting Zone El. Areas with intrinsically dark landscapes. This zone includes rural areas, including rural residential areas, where preservation of natural darkness has been identified as a high priority or other areas where the preservation of a naturally dark landscape is of utmost priority. Subd. 18. Lumen. Unit of luminous flux, used to measure the amount of light emitted by lamps. Subd. 19. Luminaire. The complete lighting assembly except the support assembly. Lighting assemblies that include multiple unshielded or partially shielded lamps on a single pole shall be considered as a single unit, for purposes of determining total light output from a luminaire. Subd. 20. Lux. One lumen per square meter. It is the luminous flux per unit area in the metric system. One lux equals approximately .1 (.093) footcandles. Subd. 21. Multi-class Lighting. Any outdoor lighting used for more than one purpose, such as security and decoration, such tliat its use falls under the definition of two or more lighting classes. Subd. 22. Non-Residential Property. A property of which the primary' use is not-rcsidential regardless of planning zone location. Subd. 23. Opaoue. A material which does not transmit light from an internal illumination source. Applied to sign backgrounds, opaque means that the area surrounding any letters or symbols on the sign either is not lighted from w ithin, or allows no light from an internal source to shine though it. Subd. 24. Outdoor Display Lot. An outdoor area where active nighttime sales activity occurs and where accurate color perception of merchandise by customers is required. Subd. 25. Outdoor Light Fixture. An outdoor illuminating device, outdoor lighting or reflective surface, lamp or similar device, permanently installed or portable, u.sed for illumination or IUtB-1956}l>6 MKW-S OfdmaiKC • 347 Novcmbcf t>. :»01 advertisement. Such devices include, but are not limited to, lights used for parking lots; roadways; buildings and structures; landscaping; signs; and building overhangs and open canopies. Subd. 26. Person. Any individual, firm, business, partner.ship, joint venture, corporation or any other such entity, whether the owner, lessee or tenant of the property. Subd. 27. Residential Property. A property of which the primary use is residential regardless of planning zone location. Subd. 28. Sian. Externally Illuminated . A sign illuminated by light sources from the outside. Subd. 29. Sian. Internally Illuminated . A sign illuminated by light sources enclosed entirely within the sign cabinet and not directly visible from outside the sign. Subd. 30. Sian. Neon. A sign including luminous gas-filled tubes formed into te.\t, symbols or decorative elements and directly visible from outside the sign cabinet. Subd. 31 . Sky Glow. The brightening of the night sky that results from the scattering of artificial visible radiation from the constituents of the atmosphere. Subd. 32. Soot Liaht or Lamp . A specific form of lamp designed by the manufacturer to direct its output in a specific direction (a beam) and with a clear or nearly clear glass envelope. Subd. 33. Use. Abandonment of The cessation of a use or activity on a property by the owner or tenant for a period of 12 months or more, excluding temporary or short term interruptions for the purpose of remodeling, maintaining, or otherwise improving or rearranging a facility. A use shall be deemed abandoned when such use is suspended as evidenced by the cessation of activities or conditions that constitute the principle use of the property. Section 829.03. Applicability. Subd. 1. New Uses, Buildings and Major Additions or Modifications on Non-Residential Property. For all proposed new land uses, developments, buildings, and structures on non-residential property that require a permit, all outdoor lighting fixtures shall meet the requirements of this ordinance. All building additions of 25 percent or more in terms of additional dwelling units, gros^ floor area, or parking spaces, either with a single addition or with cumulative additions subsequent to the effective date of this ordinance, shall invoke the requirements of this ordinance for the entire property, including previously installed and any new outdoor lighting. Cumulative modification or replacement of outdoor lighting constituting 25 percent or more of the lighted area for the parcel, no maner the actual amount of lighting already on a non-confonning site, shall constitute a major addition for purposes of this section. Subd. 2. Minor Additions on Non-Residential Property. Additions or modificationj to existing land uses, developments, buildings and structures or. non>rcsidential property of less than 25 percent that require a permit shall require the submission of a complete inventory and site plan detailing all existing and proposed new outdoor lighting. New RH3-1 95638^6 .S1E230-J Ordiiuncc 0 347 Novcmbei 6.2CX)I lighting on the site shall meet the requirements of this ordinance with regard to shielding and lamp type. Subd. 3. Time For Compliance . Notwithstanding an>lhing herein to the contrary, all land uses, developments, buildings and structures on non-residential properties must be brought into compliance with this ordinance within nvo years of its effective date if adjacent to residential property or within five years in all other cases. Subd. 4. Resumption After Abandonment of Use. If a property or use with non- conforming lighting is abandoned as defined in Section 829.0?, subd.31, all outdoor lighting sha” be reviewed and brought into compliance with this ordinance before the use is resumed. Subd. 5. Roadw ays. Lighting for public or private roadways shall meet the requirements of this ordinance with regard to shielding and lamp type. Section 829.04. Shielding and OuMoor Light Level St:indard.s for AH non-Resideiitial Properties. Subd. I. All nonexempt outdoor lighting fixtures shall have shielding as shown in Table I. For e.xcmpt light fixtures refer to Section 829.10. Subd. 2. Any lamp greater than 2000 lumens installed must be shielded such that the lamp is not directly visible from any residential property. TABLE I - LAVU’TYFE AND SHIELDING STANDARDS FOR ALL NON- RESIDENTIAL PROPERTIES USE CLASS & LAMP TYPE CLASS I LIGHTING (TASK ILLUMINATION*): Initial Light Output Greater than or equal to 2000 Lumens Initial Light Output below 2000 Lumens (2)____________ CLASS 2 LIGHTING (GENERAL ILLUMINATION): LIGHTING ZONES E4 F M}1 Initial Lig ht Output Greater than or equal to 2000 Lumens Initial Light output below 2000 Lumens (2) CLASS 3 LIGIn iNG (DECORATIVE) (3): Initial Light Output Greater than or equal to 2000 Lumens Initial Light Output below 2000 Lumens (2) A(l) E3 F E2 AO) At I) A(l) F A(l) X X A(l) Use Codes; A- F- X- RIID.l956-»!t»6 All types of fixtures allowed; shielding not required but highly recommended, except that any spot or flood light must be aimed no higher than 45 degrees above ,str.ught down Only fully shielded fixtures allowed. Not allowed. 5 Ordinance • .U7 NoNcmbcf if Notes to Table 1. 1, Flood or spotlights must be aimed no higher than 45 degrees above straight down (half\vay I _____________________c>ti4A\ er»iir/'#» ic vtclhl<> frnm anv nfT-^itP 2. 3. 4. between straight down and straight to the side) when the source is visible from any off-site residential property or public roadway. Seasonal decorations using typical unshielded low-wattage (less than 15 watts per bulb) incandescent lamps shall be permitted in all lighting zones. All Class 3 lighting shall be extinguished between 11:00 p.m., or when the business closes, whichever is later, and sunrise. Any lamp greater than 2000 lumens installed must be shielded such that the lamp is not directly visible from any residential property. Subd. 3. No exterior lighted area may exceed the maximum light levels indicated in Table 2, Measurements are taken by holding the light meter at 5’-0" above the ground, in the vertical position aimed in the direction of the light source. TABLE 2. - MAXIMUM LIGHTING LEVELS AT PROPERTY LINE FOR ALL NON- RESIDENTIAL PROPERTIES ZONE AND DESCRIPTION PRE-CURFEW MAXIMUM ILLinviINATION LE\TL POST-CURFEW MAXIMUM ILLUMINATION LEVTL Zone E4 (high ambient brightness)15 Lux (1.5 fc)6 Lux (0.6 fc) Zone E 3 (medium ambient brightness)8 Lux (0.8 fc)2 Lux (0.2 fc) Zone E2 (low ambient brightness)3 Lux (0.3 fc) llLux(O.lfc) Zone El (intrinsically dark)ILux(O.tfc) llLux(O.lfc) Subd. 4. All light fixtures that are required to be shielded shall be installed and maintained in such a manner that they are fully shielded light fixtures. Subd. 5. The maximum pole height for pole mounted luminaires shall be 30 feet plus a pole base not to exceed 30 inches high. Subd. 6. Beyond the shielding requirements of subd. 1 of this section, all light fixtures shall be located, aimed or shielded so as to minimize light trespass. Subd. 7. Multi-class lighting must conform to the shielding and timing restrictions, if any, that apply to the most restrictive included class. Section 829.05. Outdoor Business Signs. Subd. 1. External illumination for signs shall conform to all provisions of this ordinance. In particular, such lighting shall be treated as Class 1 lighting and shall conform to the lamp source, shielding restrictions and light levels of Section 829.04. All upward-directed sign lighting is prohibited, unless shielding is provided to eliminate light trespass which extends be> und the area of the sign in any direction. RHB-19563»v« ME230-5 Ordinance f 347 Novembcf 6.2001 Subd. 2. Internally illuminated and neon signs. a) Outdoor internally-illuminated signs must either be constructed with an opaque background and translucent text and symbols, or with a colored (not white, off-white, light gray, cream or yellow) background and generally lighter text and symbols. b) Neon signs shall be treated as internally illuminated signs for the purposes of this ordinance and shall conform to all provisions of this ordinance. In particular, such lighting shall be treated as Class 3 lighting and shall conform to the light levels of Table 2. c) Otn *'- iniemally-illuminated panels or decorations not considered to be signs according to the sign ordinance, such as illuminated canopy margins or building faces and neon banding, shall be considered Class 3 lighting, and shall be subject to the standards applicable to such lighting, including but not limited to the lamp source, shielding standards and light level requirements of Section 829.04. Subd. 3. Curfews. Illumination for neon signs, glass enclosed areas, externally and internally illuminated business signs shall be turned off at 10 PM or when the business closes, whichever is later. Illumination for neon signs, glass enclosed areas, externally and internally illuminated business signs shall not be turned on until 6 AM or when the business opens, whichever is later. Signs subject to curlews arc required to have functioning and properly adjusted automatic shut-olf timers. Light background (white, off-white, light gray, cream or yellow) internally illuminated signs, installed legally before enactment of this ordinance, shall be considered Type C non­ conformities but may continue to be used and illuminated so long as their nse cr ^orms to the curfews as indicated. Notwithstanding the above, signs with light backgrounds .oust be brought into rompliance with this ordinance within the time periods specified in section 829.03, subd. 3 hereof. Subd. 4. Signs with colored backgrounds or light backgrounds arc not permitted in F,1 Lighting Zones. Section 829.06. Special Uses. The following regulations apply to specific uses as follows: Subd. 1. Temporary Outdoor Display l.ots. a) Recognized display lots include building supply salts, gardening or nursery sales, assembly lots, swap meets, festivals cr bazaars. Other uses not on this list must be approved as display lot uses by the zoning administrator. b) Temporary permits arc available for no more than 3 consecutive days or 14 days total in a year. c) Outdoor automobile display lots arc prohibited. d) Lighting for display lots shall be considered Class 1 . RHB-l9J6J»v6 MEaO-5 Ordinance i 147 November 6.2001 j c) All display lot lighting shall utilize fully shielded luminaires that are installed in a fashion that maintains their fully shielded characteristics. f) The display lot shall be designed to achieve no greater than the minimal illuminance levels for the activity as recommended by the lESNA. g) The display lot shall limit off-site light trespass (off the parcel containing the display lot) to a maximum of 10 lux (1.0 fc) at any location on any non-residential property, and 5 lux (0.5 fc) at any location on any residential property. Measurements are taken by holding the light meter at 5'-0" above the ground, in the vertical position aimed in the direction of the light sources. h) A registered engineer or certified lighting professional shall certify every display lot lighting system design and installation as conforming to all applicable restrictions of this ordinance. i) Display lot lighting exceeding the light levels of Section 829.04 shall be turned off at the curfew listed or within thirty minutes after closing of the business, whichever is later. Lighting in the display lot after curfew' shall be considered Class 2 lighting, and shall conform to all restrictions of this ordinance applicable to Class 2 lighting, including the light levels in Section 829.04. Subd. 2. Service Station Canopies. a) Lighting for service station canopies shall be considered Class 2 lighting. b) All luminaires mounted on or recessed into the lower surface of service station canopies shall be fully shielded and utilize flat lenses. c) The total light output used for illuminating scr\ ice station canopies, defined as the sum of all under-canopy initial bare-lamp outputs in lumens, shall not e.xceed 430 lumens per square meter (forty lumens per square foot) of canopy in Lighting Zones E3 and E4, and shall not exceed 215 lumens per square meter (twenty lumens per square foot) in Lighting Zones El and E2. All lighting mounted under the canopy, including but not limited to luminaires mounted on the lower surface or recessed into the lower surface of the canopy and any lighting w ithin signage or illuminated panels over the pumps, is to be included toward the total at full initial lumen output. d) The light levels at the properly line must meet the requirements of Section 829.04. Subd. 3. Glass Enclosed Areas. Glass enclosed areas with tra:t.'parent or translucent areas greater than 2,500 square ft. of continuous area within buildings must meet the curfews in Section 829.05 Subd. 3 or provide shielding to prevent illumination of surrounding areas and sky glow. Subd. 4. All lighting not directly associated with the special use areas above shall conform to the lighting standards described in this ordinance, including but not limited to the lamp type and shielding requirements of Table I and the light level limits of Table 2 of section 829.04. RHB-I9j638v6 ME2J0-J 8 Ofimfince • 347 Sgv ember 6.2001 Mi*V., i.--v r to the approved plans shall be provided by a registered engineer or certified lighting professional before the certificate of occupancy is issued. Until this certification is submitted, no certificate of occupancy shall be issued for the project. Section 829.08. Alternate Materials; Prohibitions. Subd. 1. Alternate Materials. The provisions of this ordinance are not intended to prevent the use of any design, material, or method of installation or operation not specifically prescribed by this ordinance, provided any such alternate has been approved by the zoning administrator. The zoning administrator may approve any such proposed alternate, if it provides at least approximate equivalence to that applicable specific requirement of this ordinance and that it is otherwise satisfactory and complies with the intent of this ordinance. Subd. 2. No^vithstanding anything else herein to the contrary, the use of laser source light or any similar high intensity light for outdoor advertising or entertainment, when projected above the horizontal and the operation of searchlights for advertising purposes are prohibited. Section 829.09. Temporal^’ Exemption. Subd. 1. Request: Renewal: Information Reciuired. Any request to the zoning administrator for a temporary exemption shall contain the following infonnation; a) specific ordinance cxemption(s) requested; b) duration of requested exemption(s); c) proptosed location on premises of the proposed light fi.\ture(s); d) purpose of proposed lighting; e) information for each luminaire and lamp combination as required in section 829.07; 0 previous temporary exemptions, if any, and addresses of premises thereunder; and g) such other data and information as may be required by the zoning administrator. Subd. 2. Approval: Duration. The zoning administrator shall have five business days from the date of submission of the request for temporary e.xemption to act on the request. All approvals must be in writing. If approved, the exemption shall be valid for not more than 30 days from the date of issuance. The approval is renewable upon further written request, at the discretion of the zoning administrator, for a maximum of one additional 30 day period. The zoning administrator is not authorized to grant more than one temporary permit and one renewal for a 30 day period for the same property within one calendar year. Subd. 3. Any person aggrieved by a decision of tlic zoning administrator made in the administration of this ordinance may appeal such decision pursuant to section 825.31 of the code of ordinances. Section 829.10. Other Exemptions. Subd. 1. Outdoor light fixtures law fully installed prior to and operable on the effective dale of this ordinance but which are not in compliance with this ordinance shall be Type C non-confonnities. No change shall be made in use or lamp ty pe, or any replacement, except for same-type and same- output lamp replacement or structural alteration, w ithout conforming to all applicable requirements MEUO-5 Ordmanct • 347 No^embef 6. JODI of this ordinance. If the use of a property is abandoned or if there is a change in use of the propert>', the provisions of this ordinance will apply when the abandonment ceases or the new use commences. Notwithstanding the above, lighting fixtures on non-residential properties must be brought into compliance with this ordinance within the time periods specified in Section 829.03, subd. 3 hereof. Subd. 2. Emergency Lighting. Emergency lighting used by police, firefighting, or medical personnel or at their direction is exempt from all requirements of this ordinance for as long as the emergency exists. Subd. 3. Swimming Pool and Fountain Lighting . Underwater lighting used for the illumination of swimming pools and fountains Is exempt from the lamp type and shielding standards of Table I, but it must conform to all other provisions of this ordinance. Section 829.11. Miscellaneous. Subd. I. Applicable Law: Conflicts . When any provision of federal or state statute, or other provision ordinance conflicts with any provision of this ordinance, the most restrictive shall govern unless otherwise regulated by law. Subd. 2. Steverabilitv. If any of the provisions of this ordinance or the application thereof is held invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given effect, and to this end. the provisions of this ordinance are declared to be severable. SECTION II. This ordinance shall be effective upon its adoption and publication. Adopted by the City Council of the City of Medina this 6th day of November. 2001 Philip K. Zietlow, Acting Mayor ATTEST: Paul Robinson. Clerk-Treasurer Published in the Lakeshore Weekly News this 22 day of Januar>', 2002. RHB^I9S63lv6 ME2K>-S 0ieiWIM*34T Kovcnibtr6.2001 V City of Raleigh | Planning Department | Lighting Ordinance (CITY or RALIiOH igifeili Raleigh's Lighting Ordinance (city code§io-2089 On November 20, 2001, the Raleigh City Council enacted new city standards for outdoor lighting. Complete.Text.otOrdinance (.pdf requires free Acrobat® Reader ) Ordi.nance_GuidebpoH (illustrated - .pdf) Summary of Major Provisions QcsiiDanrp_ci^ A.’s ForJMpreJ oloriD atipii Origins and Goals Why Jni.Uatft(l''Citizen complaints and concerns; • Trend toward higher lighting levels at some commercial establishments • Rising spillover/glare onto residential properties • Rising spillover/glare onto public streets Other Proble ms/lssues: • Increasing proliferation of unshielded, high-glare fixtures • Visual hazards posed to motorists Coals: • To reduce light trespass, glare, and excessive lighting levels (i.e., those significantly above nationally- recognized standards for safety and comfort) • To provide for more effective site planning by requiring more complete lighting data Summary of Major Provisions • Limits light spillover into right-of wjy (to 2.0 FC [foolcandles]) and spillover at residential property lines (from 0.4 FC to 0.5 FC) • Requires flood lights and flood lamps to be aimed and/or shielded to minimize giare • Requires wati packs and most parking tot lighting to be of cutoff design • Requires new outdoor lighting service connections to be placed underground • Discourages excessive fixture mounting heights JiUfv//urunv ralpioVi-nr nro/nlannino.'r'nmmi««ion«'Hohtino htm ll/ir'JOOa City of Raleigh | Planning Department | Lighting Ordinance Page • Limits light levels under vehicular canopies and in outdoor sales areas (to 24 FC); provides Six different methods of compliance for the former • Requires sports lighting and outdoor performance area lighting to have a glare control package, and to be turned off an hour after an event ends • Does not affect street lights • Permits "period" (historically styled) lighting fixtures • Permits flexibility (e.g.. Planning Commission can approve many alternative configurations) • Grandfathers in most existing fixtures {Exception-. Those affecting residential properties, which have 5 Vi years to comply) Ordinance Q & A's How can I obtain a copy of the new lighting ordinance? Copies can be downloaded directly from this web site by clicking Complete Text of Ordinance. The ordinance will also be included in the latest Raleigh City Code of Ordinances. When did the ordinance go into effect? The ordinance was approved by City Council on November 20, 2001. As specified in the ordinance, it went into effect five days after council approval (November 25). What projects does the ordinance affect? All private and public projects within the City of Raleigh’s legal jurisdiction that have outdoor lighting are subject to ordinance provisions. Projects immediately affected, however, are those coming under review on or since the ordinance's effective date. Do existing non*compliant fixtures have to be made compliant? Yes. though not right away. Light fixtures affecting residential properties have until May 2007 (SVz years after ordinance approval) to comply with the ordinance, although owners can voluntarily make such fixtures compliant at any point before then. Non-compliant fixtures that do not affect residences can remain in use until the end of their practical functioning. If, however, a fixture is altered by changing its wattage, fixture type, mounting configuration, fixture location, or. in the case of aged-out units, is to be completely replaced, it must be made compliant with the ordinance. Routine maintenance, including changing the lamp, ballast, starter, photo control, fixture housing, lens and other required components, is permitted for all existing fixtures (without changing out the fixture). What criteria determine whether or not a fixture complies with the ordinance? Different provisions apply to different types and locations of fixtures. In general, the ordinance permits most types of lighting now in use, while seeking to reduce glare and curb excessive light levels. No types of lighting fixtures are completely prohibited, although most are subject to certain performance standards (for example, all wallpacks and dusk-to-dawn lights must have cutoff-style shielding). Are light levels specifically limited? Yes, in some instances Levels must measure no more than 0 5 footcandle at the lot line of properties on which a residence stands, and nor more than 2.0 footcandles at any public right-of-way. Lighting under vehicular canopies (e g . over gas pumps) and on display lots (e g., at vehicle dealerships) is limited to 24 footcandles. Does the ordinance require a minimum light level? r>i1oinVi.n/« orrtrrtlanhJnfl/f'niHiihissinrtc Tiolifino hltr>1 i/i/?Ana . > ****^*"^------------ City of Raleigh | Planning Department | Lighting Ordinance Page 3 of 3 No. How does the ordinance affect private residences? In three main ways. Bright flood lamps must be aimed downward (60 degrees or more from horizontal) or be shielded. A limit of 0.5 footcandle is placed on light levels at residential lot lines. Also, all non- compliant fixtures must be made compliant by May 2007. Who determines whether fixtures comply, and under what circumstances? New installations will be reviewed by plans review staff in the city Inspections and Planning departments as part of the regular plans review and/or permitting process. At the end of the 5/a-year grandfathering period, city Inspections staff will enforce the changing out of the remaining non-complianl fixtures affecting residences on a citizen-complaint basis. What documents need to be submitted for plans review to obtain lighting plan approval? Typically: (1) a point-by-point footcandle array (showing proposed brightness, location and aiming of fixtures) and (2) descriptive information on the types of fixtures to be installed. (Note: If compliance with the ordinance can be demonstrated In other ways, the city plans reviewer Is permitted to waive these requirements.) How are light levels measured in the field? Measurements are made by Inspections Department staff members, using a calibrated light meter. Readings are taken at grade level, with the meter face-up and parallel to the ground. For More Information Questions concerning lighting ordinance application and procedures can be addressed by city plans review and/or permits staff. Background information on ordinance development and provisions is available from Poug.HLI! in the Raleigh Planning Department. 1 I RanninQP^partrrent. 222 W Hargett St 4ih Floor. Ra’etghNC 2 /602TeleDnof\e. (9i 9) 890-3125 HOME I Aft»> Enteftatn^nts ParKi I Bus ne ss & Development | C»ty gover nment | C'i«zenjnformatiQf? I C'ty Bo^yices htto://www.raleiah-nc.orR/'plannine/Commissions/li8htinB.htm 11/1/2004 The Twin Cities Green Guide: COMMUNITY: Outdoor Lighting Page I of2 main \ ^ I CATEGORIES j 0EeoD |fX£;4 fp|Oi? ^ THe TV///S ClTiej ieee mae ^,0 Ip SEARC] 0 HOUSE a. HOME 0CABDE(UNfi 0DO-tT.YOURSELF Q ENERGY Quealim ^FAMILY 0 COMMUNITY ©ARTS 0 TRANSPORTATION 0 RECREATION ^ENVIRONMENT 0 BUSINESS CITIZEN ACTION 0 MEDIA 0 EDUCATION ^coMiTONmr f articles CO'QR Housing QO-HOVSinO Cultural Diyorsijy. Be.vi3iopme.Ql Eco-Villages Homelessness Housing Neighbors & Communily Neighborhoods Outdoor Lighting Suburbs Tenant's. Rights Resotirees ••• • • ■••»•••••««*«• 1 ill * I Find green businesses and organizations! • COMMUNITY GREEN pac.es • Complete GREEN PACES BOOKS Outdoor Lighting Manual: Publication »00 95-308. May 1996. Order: 301-490- 2188 Lighting for Exterior Environments: #RP-33- 99. Order: 212-248-5000 ext.112 Get The Guide |ntr()^ucti9n tg.Jhe GMide FfirJQCLCOfPntunitY. 9v tQfi-CoflmunitY About.U# Coniaima Howjs Ubtt.XhisLSiie D.enriLtieM CONTACTS Minnesota International Dark Sky Association Tine Thevenm RR4 Box 62B Lake City, MN 55041 651-345*4755 tmdli International Dark Sky Association 520-293-3198 Erna.il WobS'to Outdoor Lighting Association 515-233-0117 Typical Outdoor Lighting Needs a Major Overhaul -Tine Thevenm. Internattona! DarkSky Assocation ®P/intalj!5L Version Few of us give much thought to outdoor lighting because it is all around us; on our streets and parking lots, barn yards and buildings. We feet safer with lights and have come to depend on them. Outdoor lights give us a feeling of security against personal attack and vandalism. They provide visibility so that we can see where we are walking, find our car in the parking lot, find the entrance to the building, and illuminate nighttirre activities. As the population expands, so does outdoor lighting However, the problems with typical outdoor lighting are numerous: • Decreased visibility, confusion and blinding because of glare • Wasted energy • Unwelcome light shining In our homos • Global pollution from wasted energy • Reduction in the number of stars we see The solution: Quality lights and fixtures The benefits of quality outdoor lighting: • Greater visibility and security: With reduced glare Dur eyes adjust to the light of the whole area, not only the brightly lit area. Therefore visibility in shadows increases. • Reduced vandalism: Vandals want and need light to work their destruction • Money saved: It Is estimated that the U.S. wastes $2 billion annually in lighting the sky with unshielded and excessive outdoor lights Lower wattage bulbs can be used with full cut­ off fixture.** which are designed with a reflective surface behind the bulb Savings can be as great as 30-45%. • Safer driving: Public hazards are created by glaring, high- wattage lights along roadways and in business parking lots. • Reduction of dangerous pollutants that add to climate change, crop recuction. fish kills, and health problems such as respiratory ailments. • Restful sleep; Artificial night lights may contribute to sleep problems and otner health problems. • Communily image is enhanced: Less visual dutter. • Environmentally friendly to wildlife: Shielding, reducing or eliminating night lights reduce tragedies of wildlife fatally attracted to artificial lights, such as migrating birds and moths. htto:/M’'\Av.the2reencuidc.ora'article/communitv/outdoor 11/1/2004 The Twin Cities Green Guide: COMMUNITY: Outdoor Lighting Page 2 of 2 02000-2004 Th« Twin Cities Green Guide Htllei Center University of Minnesota 1521 University Ave. SE Minneapolis. MN 55414 WtiatYou Can Do Reduce glare, light trespass & sky glow by: * Replacing fixtures with full cut-off caps (contact International OarkSky website for more information) * Shining spot lights down * Retrofit upiighting: Illuminate flags with a narrow beam. Consider not lighting trees. Use downlighting on biiibcards * Highlight spedal features on a building rather than the whole building Reduce Energy: • Turn off outdoor lights when they're not needed • Retrofit lights with motion detectors, timers or a switch • Replace existing bulbs with lower wattage and energy saving bulbs The Bigger Picture: * Contact your utility company: Request a full cut>off fixture over existing outdoor pole lights. Request also a lower wattage bulb, preferably a High Pressure or Low Pressure sodium bulb * Contact your oty and request a futi cut-off light fixture on the street light by your house. * Urge the city to install full ait-off tight fixtures on new outdoor lights arxj retrofit old lights ai needed with quality fixtures. * Urge your local government to implement an outdoor lighting ordinance (Contact IDA for more information). Ads by GooooooQle QulftidSLUgbUDg Free Shipping on Outside Lighting Large Selection of Nartie Brands LigMnLeisure com CbLoJcaJLigtitiDg Find the light fixture you reed. Free shipping on quality products, choiceighling com Outdoor Lighting Sale All Outdoor Lighting Fixtures are now on Sale at Home of Decor. www.homeofdecor com Mission Outdoor Lighting Mission Style Outdoor Lighting Good Selection. Service. Prices vww.thebngntspot co.m htto://www.theerccnmiide.ore/articlc/communitv/outdoor 11/1/2004 ^'1 MINUTES OF THE ORONO planning commission MEETING Monday, October 18, 2004 6:00 o’clock p.m. i-( //• “i’- 0 H Rahn amended his motion to recommend approval of Application #04-3061,1989 Fagerncss Point Road, for a hardcover variance to aliow the front entry addition as proposed and to allow the rear addition, with the condition the hardcover not exceed the removal of 428 square feet of patio pavers and deck, and with the further condition that the addition be constructed in a conforming location, i.c., behind the 0-75’ line. Curtis inquired what size landing would be allowed. Rahn stated they typically arc allowed a four by four foot landing. Hansen stated the 428 square feet »s in the 75 ’-250’ zone, with the entire addition being 490’ BicnKr stated the motion also requires the addition to be constmeted behind the 0-75' line. Bremer seconded the above motion. VOTE: Ayes 7, Nays 0. 11. #04-3063 WJM PROPERTIES LLC, 2605 WEST WAYZATA BOULEVARD - CONDITIONAL USE PERMIT AMENDMENT, 8:48 p.m. -9:20 p.m. Peter Johnson, Morries Automotive, was present. Gaffron stated the applicant has had a number of discussions with Staff over the summer regarding drainage issues, with the option of redesigning the parking lot discussed. It was determined that a central drainage way was needed to accommodate site drainage, and Staff has approved this reconfiguration. Gaffron stated issues relating to lighting still remain. The applicant had originally proposed replacing the four existing 45’ high light standards with 25’ poles, and is now requesting the plan be modified to allow for 12 twin head poles, 25’ in height, using 1000 watt bulbs. Gaffron stated the additional lighting is being requested from the applicant’s insurance company, but no wntten information has been provided regarding the extent of the need or the insurance company’s minimum requirements. Staff feels the lighting study is incomplete and additional information is needed before approval can be given. RAGE 37 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 18,2004 6:00 o'clock p.in. ^ ( f' - . ^ Gsffron noted the applicant has been working with the Minnehaha Creek Watershed District related to wetland buffer and easement requirements. Based on their discussions with the MCWD, the applicant was granted an extension of the prior approvals and was allowed to temporarily place a fence in place of the berms and plantings at the north end of the east parking lot. Staff docs not have a problem with extending the approvals to December 31,2005. Gaffron stated Staff would like. one. a detailed request from the applicant’s insurance company specifying in detail what minimum level of lighting is required; two, detailed specifications on the type of lighting fixtures proposed, including style and shielding; three, an analysis by the applicant’s lighting company of other options for lighting, including but not limited to varying the wattage of the fixtures, varying the height and/or number of fixtures, and varying the placement of fixtures; and four, information on whether any building mounted lighting is proposed. Gaffron noted a cross-section ot the parking lot elevations as viewed from Highway 12 to the back of the parking lot has been provided. Johnson noted Staff was provided some detail on the light fixtures a couple of years ago. which has not changed. Joluison stated he was unable to locate that information in his files. Johnson indicated he was only able to locate information that states tliat the fixture is a downcast fixnirc, which to his understanding was approved for the north lot and for four lights on the cast lot. Johnson stated they are not proposing to change that type of fixture at this time, but that the fixture would be mounted on 25’ foot poles rather than 45’ poles. Johnson slated at the time this project was commenced, they were not contemplating changing the eastern face of the building, but as the project progressed, the architect recommended refacing that entire side. As a result, instead of the outcast lighting being mounted on the building, the lighting has been changed to downcast lighting. Johnson staled some pat king lot lighting has been lost as a result of that change. PAGE 38 i . MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 18,2004 6:00 o’clock p.m. Johnson noted the Uimcn study shows that the amount of lumens on the ground with 1000-watt fixtures drops to below .2 in almost every case with the downcast lighting versus the outcast lighting. Johnson indicated in essence what that means is that the outer edges of tlie parking lot now have a lot of shadows and very little light. Johnson stated their conditional use permit allows for 250 new vehicles to be stored in the parking lot and their insurance company has expressed a concern tliat the site should be better lit to protect the vehicles on the lot and the personnel that would be on site after the sun has set, particularly in the wintertime. Jolmson stated the lighting that is being proposed is situated between the building and a seven-acre drainage pond and the golf dome on the other side. Johnson stated in his opinion the additional lighting would not affect other property owners in the area. Johnson indicated he is willing to provide a letter from the insurance company concerning the lighting. Johnson stated they also explored the possibility of installing more fixtures at a lower elevation, but concluded that there would be too many interruptions in traffic flow and more obstacles for cars to avoid as they drive around the parking lot. .Johnson stated the 25’ poles in his opinion is a good compromise to achieve the additional lighting as well as reduce the number of obstacles in the parking lot itself Johnson pointed out the approved lighting is located along the second row of parking away from the building and that the new lighting is situated between that lighting and the building and not along the perimeter of the lot. Rahn inquired whether there were any public comments relating to this application. There were no public comments. Rahn noted car dealerships arc not allowed in Orono, and that his greatest concern with this application is tliat it started out as a conditional use permit and that the lighting has increased from four to 12. Rahn stated he docs not want this property to slowly turn into a car dealership. Ralin stated tf the lighting is shielded, the lighting might be a non-issue. PAGE 39 J MLNTJTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 18,2004 6:00 o ’clock p.m. ‘ ' . r O Jolmscm stated the berm has been constructed, with the existing trees between the highway and the parking lot being preserved. Johnson stated a five-foot high opaque fence has also been added. Rahn inquired whether the change in lighting is being driven by the insurance company. Johnson stated it is driven by the concern for the property that will remain in the lot all night and the personnel that will be on the site. Bremer suggested the list of items outlined on page three be gone through by the applicant. Jolinson stated he is confident he can obtain a letter from the insurance agent that would basically say the htsurance company would like lighting in the parking lot to preserve the value of the property and to protect ihe personnel coming in and out. Johnson stated they have submitted infonnation concerning the style and shielding of the type of light being proposed, which was approved with 25 ’ posts two years ago. Johnson stated an analysis of the lighting options was conducted, with a study of the 1000-watt being submitted to Staff. Johnson stated they did not submit the study on the 400-watt lighting but that he does have that information available. Bremer inquired whether any lighting on the building is being proposed. Johnson stated the only lighting on the building that they are proposing is what cun ently exists on the building, which essentially lights the side of the building and is downcast. Fritzlcr inquired whether any security people could be brought onto the site. Jolurson stated the primary security is the fact that it is a well-lit lot. Johnson stated there would be employees on the site who will also keep on eye on the property. Fritzler noted the front driveway is secure. Johnson stated the front driveway has a gate that closes across the front of the entrance. Fritzler inquired whether there would be employees on site at 2:00 a.m. Johnson stated the potential exists that no one would be on site in the early morning hours and also the potential that truck drivers would be on the lot in the early morning hours. PAGE 40 vam • I MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 18, 2004 6:00 o'clock p.m. Fritzlcr stated one option is to have a private security force palrol the property at periodic times. Fritzlcr inquired whether the whole perimeter of this property would be fenced in. Johnson stated the whole perimeter of the property is not fenced in, with the fence going from the comer of the building on the north side out to the end of the parking lot and down the eastern boundary about 75 or SO feet. Bremer indicated she has a concern that there is not enough infom^ation concerning the lighting before the Planning Commission tonight. ?rcmer stated she would like to see the letter from the insurance company requesting the additional lighlti.?. Bremer commented Orono has a rural character that they would like to maintain, and one way to do that is by limiting the amount of lighting. Johnson pointed out that this facility is different from a private residence and will contain approximately 250 new cars that arc attractive to thieves. Leslie inquired why the entire perimeter of the property would not be fenced in. Johnson stated the perimeter is 1,200 feet on the side and 900 feet on the backside. Johnson indicated MN DOT might be fencing in the backside of the property with a 25-fool high retaining wall. On the west side a seven-acre pond is being constructed, with an open drainage ditch on the cast side. Kempf stated in his view lighting is essential when there is a substantial amount of property sitting out and is a good deterrent to crime. Kempf pointed out this property is not located in rural Orono. Jurgens slated the properly might not be located in rural Orono but that the lighting could possibly be visible for a number of miles. Jurgens stated he resides in rural Orono but still has a clear view of the golfdome and all the lights that arc currently there. Ju'.gcr.s staled with the addition of more lights. that area will be even more lit up and will impact the rural cha.'-actcr of Orono in other geographical locations. Jurgens stated he would also like to know what the impact would be on the other side of new Highway 12. Jurgens pointed out that in addition to the downcast lighting, there will also be reflective light coming from this property. Jurgens stated he would like to have more information than what has been submitted. PAGE 41 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 18,2004 6:00 o’clock p.m. • . / i. . V •* Johnson stated a lumen study has been submitted, and to his knowledge the lighting near the perimeter would be .1 or .2. Jurgens stated that lighting could still impact areas further away. Gaffron commented Orono's lighting code specifics that a person should not be able to see the source of the light from outside the propeity lines. Gaffron stated he is unsure whether this plan meets that code, noting that the code docs not address reflective lighting and docs not include lumen limits or requirements. Gaffron stated he would prefer the City Engineers review the plan to allow them to make some recommendations. Gaffron stated the minimal amount of commercial development in Oroiio has not required Staff to review and revise the code, but that this is a situation that could potentially have a huge impact on the neighboring properties if not handled appropriately. Rahn indicated he is in agi cemcnt with Staff. Johnson noted their site plan only depicts the north side of the site because the south side of the site is 10 acres of grass and trees. Johnson pointed out Highway 394 and the railroad arc in close proximity to this site and that the residents would probably be impacted greater by those two items than by the lighting on this property. Johnson slated he would like the Planning Commission to work with him and to move the application forward. Johnson notCw they are delaying moving the inventory onto the property until the lighting has been installed. Leslie noted a lengthy period of time has been spent try ing to address the issues on this site, but that he personally docs not feel that enough information has been supplied. Leslie stated if the true intent of the lighting is security, a fence coupled by perimeter lighting, leaving the center darker, might be a way of preventing intrusion but would still restrict the total ambient light from being as great as it is under the proposed plan. Leslie stated he would be willing to discuss this in detail at the next Planning Commission work session so the applicant can move forward. Gaffron noted the next work session is scheduled for November 3'^. Rahn indicated he is in agreement with Leslie and that a more detailed study needs tn be submitted. PAGE 42 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 18, 2004 6:00 o’clock p.m. Wjnkey inquired whether other options for security have been discussed for this property outside of lighting. Johnson stated the primary reason for the fence is not for security but is there to help screen the parking lot. Joluison stated the primary reason for the additional lighting is to provide protection for the property as well as the personnel that will be on the site. Johnson stated he is not prepared at this time to discuss other possible security measures that could be taken. Leslie moved, Kempf seconded, to table Application tt04-3063, WJM Properties, LLC, 2605 West Wayrata Boulevard, for a conditional use permit amendment, but to recommend granting of the extension of the deadlines for construction of the approved site to December 31,2005. Gaffron inquired whether this matter was being tabled to the work session. Bremer slated it is. Leslie inquired whether the Planning Commission would be able to approve it at the work session Gaffron indicated because it has been publicly noted at tonight’s meeting and this matter is basically being adjourned to the work session, that they could approve it at that time if the issues are resolved. VOTE: Ayes 7, Nays 0 (Recess taken from 9:20 to 9:28 p.m.) 10. #04-3062 JOHN TERRANCE HOMES. LLC, 26XX KELLEV P.MIKWAY (OUTLOT E, STONEBAY) - FINAL PLAT AND PUD SITE PLAN AMENDMENT, 9:28-10:32 p.m. Steve Johnson. John Terrance Homes; Pete Vollard, Architect; and John Hasslcr, John Terrance Homes, were present. PAGE 43 1 MINUTES OF THE ORONO PLANNING COMMISSION WORK SESSION Wednesday, November 3,2004 5:30 o’clock p.m. ___ ^'1 ROLL The Commission met on the above mentioned date with the following members present: Chair David Ralin, Commissioners J. Marc Fritzler, Jim Leslie, Cynthia Bremer, Ralph Kempf, and Travis Winkey. Alternate Commissioners Sandra Smith and Julc Haimaford were also present. Representing Staff were Planning Director Mike Gaffron, and Planners Janice Gundlach and Melanie Curtis. Chair Rahn called the meeting to order at 5:35 p.m, OLD BUSINESS 1.#04-3063 WJM Properties LLC - 2605 West Wayzata Blvd. - Minor Amendment to CUP and Industrial Site Plan, 5:35 p.m. to 7:02 p.m. Gaffron described the parameters of the revised lighting request, noting that the requested additional submittals to support the request have been provided in the packet. He indicated that the City Engineer had reviewed the plan and his comments indicated this proposal was in compliance with the lES (Illuminating Engineering Society) standards for a parking lot, including a max-to-min footcandle ratio of 15:1 or less and an average footcandle rate of approximately4FC where the standard would be 2-5 FC. Gaffron also noted that the lighting level at the perimeter of the lot was generally in the range of 0.0 to 1.5 FC, and that it would be virtually 0.0 at all lot boundaries. Gaffron also noted that the applicants had reviewed siUTOunding properties for possible visual impact, and the two nearest homes, many hundreds of feet distant from the site, were screened by existing vegetation, topography, existing non-rcsidential buildings, and proposed Highway 12 walls and berms, such that the impacts to those properties would be very minimal. Leslie indicated he felt the plan is reasonable given the intended and approved uses of the property. Smith questioned whether and to what extent the lighting plan was initially reviewed when the original CUP was being considered. Peter Johnson, speaking on behalf of the applicant, briefly noted how the regulatory issues regarding this site had slowed the project down. He noted that lighting was probably not given the level of attention by the applicant or the City that it might in retrospect have deserved at that time, as the variety and nature of proposed uses of the site w'as the more pressing issue at that time, Gaffron concurred, noting that w hile the height of the light poles had been reviewed and they w ere reqiuired to be lowered, a review of lighting intensity or a footcandle analysis w as not contemplated at that time. Only when the applicant this summer proposed to add lighting to the site did this become an issue. Rahn closed the public hearing at 6:55 p.m. General discussion ensued regarding the proposal. It was noted that the vegetative screening along Highway 12 w as incomplete, and would be finished in the spring of 2005. Commissioners also suggested that the a recommendation for approval should establish Page 1 1 MINUTES OF THE ORONO PLANNING COMMISSION WORK SESSION Wednesday, November 3,2004 5:30 o’clock p.m. _____________ that this proposal should represent the maximum lighting that will be approved for this portion of the site, noting that other lighting previously approved for the front of the building would still apply. Rabn moved, Leslie seconded, to approve the lighting plan for WJM properties at 2605 West Wayzata Boulevard as proposed subject to completion of all required screening plantings in the spring of 2005, and subject to this lighting plan being considered the final plan and no additional lighting for the east parking lot is likely to be approved. VOTE: Ayes 6, Nays 0. 2. Review of Signage Ordinance Definitions. Planner Melanie Curtis reviewed a list of potential signage ordinance definitions with the Planning Conmiission. The discussion included whether certain included definitions were needed, noting that additional definitions might be added once the text of the ordinance is under review. Commissioners discussed the variety of signage types that might be attempted in the City and how to address them. Planning Commissioners concluded that a visual review of signage types would be helpful. Curtis suggested that staff take pictures of all existing signage in the City, plus signage elsewhere, for review and analysis at the next work session, to allow the Commissioners to decide what types of signage are appropriate and which are not. Gaffron noted this would also provide a chance to do a complete inventory of the existing commercial signage in the City. 3. Review of November 15 Meeting Agenda Staff briefly reviewed the items that would be appearing on the upcoming agenda for November 15 4. Joint Meeting regarding Rural Oasis Study Gaffron noted that the joint meeting with Council would likely be held in December rather than November. S.Other Kempf gave an update on the recent Council meeting regarding the Large Vehicle Storage ordinance. Gaffron added that the final version was slightly changed from that recommended by the Commission, requiring only that an easement be in place for shared driveways rather than approval by all parties. There being no additional business to discuss, the meeting was adjourned at 7:12 p.m David Rabn, Chair Page 2 1 Date of Preliminary Plat Approval: January 12,2004 Date Preliminary Plat Approval Expires: January 12,2005 REQUEST FOR COUNCIL ACTION NOV S 200^ ClIV OH OHONO Date: November 5, 2004 Item No.: Department Approval:Administrator Approval: Name. Michael P. Gaffron Agenda Section: Zoning Title: Plamiing Director I Item Description: #03*2961 Nina Wildman, 745 Spring Hill Road - Final Plat Approval: “Spring Hill Estates ” - Resolution List of Exhibits A - Resolution B - Final Plat Drawing C - Revised Survey Showing Changes from Preliminary Plat D - Preliminary Plat Approval Resolution No. 5099 E - Punch-List Letter to Applicant September 9,2004 The applicant has completed (or will complete prior to release of the plat for filing) all requirements of preliminary plat approval as defined in Resolution No. 5099 adopted January 12,2004. The name of the plat is “SPRING HILL ESTATES”. The plat results in the creation of two buildable lots (Lots 2 and 3) in addition to the pre-existing building site (Lot 1), and two access outlets, one for a private road loop subject to an underlying City road easement, and one for a private driveway to serve Lots 2 and 3 . Applicant will shortly begin construction of a new residence on Lot 2, and she is selling Lot 3 to tlie adjoining property owners, the Winston’s, who have no immediate plans for use of Lot 3 except as open space. The loop road Outlot has been revised in shape slightly to save a number of mature Uecs and to allow for a ‘straight-tlu'ough ’ driveway to serve Lot 2. The applicant is requesting, and staff is supporting, defeiral of the actual construction of the loop road until furtlier development occurs (i.e. perhaps until Lot 3 is built on or until eitherof Lots 2 or 3 are llirther subdivided). Staff, including City EngincerTom Kellogg and Fire Marshal Bill Meyer met with the applicant and her consultants to discuss this request, and the conclusion was that the proposed expansion of the readjust before the cul-de-sac, where it splits off to serv c the Lot I and the Winton property, will provide adequate emergency and large vehicle access and tum-around capability. Additionally, the applicant has agieed to provide hvo ‘bump-outs’ in her 1500' long driveway where, for instance, fire tioicks could turn out to allow incoming vehicles to pass outgoing vehicles. A satisfactory design for this has been provided. The only remaining issue, then, is what will trigger construction of the complete loop • a new home on Lot 3, or further subdivision of either Lots 2 or 3. Staff would prefer the former, but would be comfortable with the latter as long as construction of a house on Lot 3 includes a satisfactory driveway loop near the house. #03-2961 Spring Hill Estates November 5,2004 Page 2 This revision does not result in any signi ficant changes to tlie plat. Approximate final dry buildable areas of each lot are — Lot 1: 6.3 acres; Lot 2: 9.4 acres; and Lot 3: 6.5 acres. The applicant has gained MC WD approvals, and has taken Uie necessaiy steps to revise the easement over the private roadway so that the easement description matches the actual location of the road. A Development Agreement with letter of credit for the work within Outlot A is being established. Applicant has fulfilled the requirements to gain final plat approval. The plat will be released for filing upon receipt and execution of all final documents. Staff Recommendation Staff reconunends Final Plat Approval per the attached resolution, which establishes that the loop road shall be fully constructed (and maybe reconsidered for further upgrade) at such time that Lots 2 or 3 are further subdivided to create additional building lots; but that the loop road must be constructed upon construction of a home on Lot 3 if said home does not include a driveway loop adjacent to that residence. COUNCIL ACTION REQUESTED Adopt or amend the attached resolution. i 1 A RESOLUTION APPROVING THE PLAT OF SPRING HILL ESTATES - FILE #03-2961 WHEREAS, the City ofOrono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono (hereinafter “City Council”) has adopted subdivision and land development regulations for the orderly, economic and safe development of land within the City, and WHEREAS, the City Council has considered the application by Nina Wriglit Wildman (hereinafter the “Developer"), a single person, for subdivision of property located at 745 Spring Hill Road and legally described as follows; Exhibit A, attached (hereinafter "the property"); and WHEREAS, on January 12,2004 the City Council adopted Resolution No. 5099 granting Preliminary Plat Approval for the proposed development of a three-lot plat for single family residential purposes; and WHEREAS, the Developer has completed or has agreed to complete a'l other requirements of the platting regulations of the City including: 1. Completion of all platting requirements of Preliminary Plat Resolution No. 5099. 2.Dedication on the plat of perimeter Drainage and Utility Easements and Drainage Easements as required in Resolution No. 5099. 3.Designation and dedication on the plat of wetlands subject to City and other agency jurisdiction, and granting of the standard Flowage and Conservation Easement over said wetlands in Lots 1 and 2 and over those portions of Lydiard Lake perimeter wetland located above the OHWL of Lydiard Lake. Page 1 of 5 4, 5. 6. 7. 8. Provision to the City of a stormwater management bufTer plan including defined bufTer areas to be maintained in pennanent groundcover. Submittal of Minnehaha Creek Watershed District (MCWD) pemiit approving the grading, drainage and stonnwater management plan for development of the Property. Provision to the City of executed drainage casements over all drainageways and established buffers within the plat. Provision to the City of evidence that the property contains no known significant archaeological features that would require preservation. Establishment of covenants for each Lot for protection ofdrainficld sites within each Lot, including protective language for alternate septic sites along with site plans locating both primaiy and alternative sites; and including language alerting future propetty owners of the need to protect sites on adjacent properties. 9. Provision to the City of an underlying Road and Utilities Easement for Outlot A. 10. Provision to the City of evidence of a private shared driveway easement and covenants (via a homeowners association or other method) for driveway maintenance over Outlot A in favor of Lots 1, 2.and 3. 1 1 . Provision to the City of an executed easement providing access for Lots 2 and 3 over Outlot B. 12. Provision to the City ofasigned and executed Developer's Agreement and letteroferedit for approved site improvements and construction of private loop road (Outlot A), stonnwater and drainage facilities, etc. 13. Provision to the City of a title opinion for the Property and certified copies of all recorded easements currently affecting the Property. 14. Payment to tlie City of Stomiwater and Drainage Tnink Fee in the amount of $32,400.00 as established in Resolution No. 5099. Page 2 of 5 15. Payment to the City of Park Dedication Fee in the amount of S11,100.00 as established in Resolution No. 5099. 16. Payment to the City of final plat review fees and legal review and filing fees in tlie amount of $530.00 as established within Resolution No. 5099. NOW, THEREFORE, BE IT RESOLVED tliat based on the findings of Resolution No. 5099, the City Council of the City of Orono does hereby approve the plat of SPRING HELL ESTATES, Hennepin County, Mirmesota subject to the following declarations and conditions: 1. A variance for lot width for Lot 3 is hereby granted based on the findings noted within Resolution No. 5099. 2. 3. 5. 6. 7. A variance is hereby granted to allow enci oaclunent of a portion of driveway liardsurface within 75' of the OH WL of Lydiard Lake based on the findings noted within Resolution No. 5099. Lot 2 shall be exempt from meeting the 'average lakeshore setback' standards of the Orono Zoning Code based on the findings noted within Resolution No. 5099. 4. Lots 1 and 2 arc subject to City Shoreland regulations regarding protection of the bluff located on said Lots. Setbacks for all principal residence constmetion shall be as depicted on the preliminary plat drawing by Mark S. Gronberg, a licensed surveyor of Gronberg & Associates, bic. dated December 5, 2003, of record in the office of the Planning Director. All identified primary and alternate sew'age system drainfield sites witliin tlie subdi\ision shall be fenced off prior to any land alterations, and such fencmg shall remain in place until such time that each Lot is developed. The private road loop in Outlot A is intended as a one-way counterclockwise circular access and when constructed sliall be constructed to City private road standards, with the exception that the final design minimum paved width and clear area of such loop shall be subject to approval by the City Engineer and City Fire Marshal to ensure adequate but not excessive emergency vehicle access. Page 3 of 5 i r 8. The private loop road in Outlot A shall be privately owned and maintained per the appropriate access easement/maintenance documents to be executed by the subdivider. 9. Construction of the private road loop in Outlot A maybe deferred by the applicant under the following conditions: The loop road shall be fully constructed (and maybe reconsidered by tlie City as to whether further upgrade should be required) at such time that Lots 2 or 3 are flirtlter subdivided to create additional building lots; except that the loop road must be fully conslmcted upon construction of a residence on Lot 3 if said residence does not include a private driveway loop adjacent to that residence. 10. Construction of any portions of private road loop within Outlot A shall be subject to a Developers Agreement to be executed between the City and the Developer. 11. Outlot B is intended as a private driveway outlot to serve Lots 2 and 3. Outlot B is established at a wid*h of 50 ’ to provide future accommodation for a confonning private road within Outlot B should Lots 2 or 3 be further subdivided in the future. 12 . Tlie City Clerk shall release the plat documents for filing only upon ccili fication by the City Attorney and Planning Director that all requirements of the platting regulations have been satisfied. 13. The aforesaid plat shall be filed by the City of Orono with thellennepin County Registrar of Titles Office on or before May 8, 2005 together with a certified original copy of this resolution and executed copies of the easements and covenants pertinent thereto. The approval granted by this Resolution sliall expire if the conditions of tliis Resolution have not been met or the plat has not been filed by the date specified above. In tliat e\ ent, it will be necessary to file a new application with the City of Orono for subdivision review. Page 4 of 5 f-'t t % Adopted by the City Council of Orono this 8th day of November, 2004. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor STATE OF MINNESOTA COUNTY OF HENNEPIN Tlie foregoing instrument was acknowledged before me on this___day of ^2004 by Barbara A. Peterson, Mayor of the City of Orono, a 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 Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 5 of 5 EXHIBIT A RESOLUTION NO. LEGAL description OF PREMISES: That port of Government Lot 1. Section 36, Township 116. Ronoe 23, Hennepin County Minnesota, described os follows : Conrmencind ot the northwest corner of soid Government Lot 1; thence South 0 degrees 18 minutes 21 seconds West, along the west line of soid Government Lot 1, o distonce of 582.74 feet to the point of beginning of the troct of lond being described; thence North 37degrees 03 minutes 07 seconds tost, o distonce of 45.63 feet; thence North 15 degrees 12 minutes 57 seconds Cost, o distonce of 158.42 feet 139.55 feet thence North 51 degrees 48 minutes 47 seconds Eost o distonce of thence North 71 degrees 15 minutes 30 seconds Eost to the shore of Lake Lydiord; thence southeasterly, olong the shore of Loke Lydiord, to the eost line of soid Government Lot 1; thence South 0 degrees 36 minutes 41 seconds West, olong lost said eost line, o distonce of 480 feet, more or less, the southeast corner of soid Government Lot 1; thence North 89 degrees 34 minutes 51 seconds West, along the south line of soid Goverrment Lot 1. o distance of 1335.14 feet to the southwest corner of soid Goverrment Lot 1' thence North 0 degrees 18 minutes 21 seconds Eost. olong the west line of Government Lot 1. o distance of 741.40 feet to the point of beginning.so i d For purposes of this description the south line of soid Government Lot 1. is ossimed to beor North 89 degrees 34 minutes 51 seconds West. * _ _ _ _ SPRING HILL ESTATES C.R.DOC.NO. C* CMtiMMavfW SKl^Jt.T tl4ll U VA.Mtrifirt 111} 10 • wr4Mr.‘w«?f ft ai l<a », GRONBERG & ASSOCIATES. INC, engineers, land surveyors, planners N 89*44*C 134X10 , _ '«M •»»•••-tmim •m n'Utt S 69*44* 42* w 472.96----------------------------------------- r ii/ s.■d S fOWOO* W 990.71 »'J9- \'•V- ^ ■•'-------------------------------------- • ■ Vlli ■' S\x£S5><. ' 1 'w^ - \ • :: I • ■• ••• > t \yrv \. ; . • • ' •.• ••• l.jj. •. ■ • '. 1 ky.: •■ I i.’:' ’Hi •; ■■'• fil'j:' i / ✓' 5 \ ''-//.Jk; SPRINC j L-J iS’l'ATES COURT I’REUMINARY PLAT FOR NINA WILDMAN IN GOVERNMENT LOT 1. SECTION 36-118-23 HENNEPIN COUNTY. MINNESOTA X \ •#•1 In* •♦ .^,1* I • lownthtp 118. Ron9t 23. M«nn€pin Cou'lly. LtCAL Ot*,CRlf>TlON O' PRIMISCS IhcX purl o1 Cove^'VTitrtI lol 1, S«Ction 36 Wtnnptoio. d9icrtbt<f o« fotiowt tirTrn»#*cnfl ot tn« r^oMhwptt corn#/ of OQitf Covefrront lot 1. fh«rtce South 0 iitgr*,. 1«m.r,„l,, 2» MCorKi* V,tt\, olong Iho w««t I n# of fo.d CovOrfYT^nt lot 1. o diflon.,# of f44» to Ih# point of btginn.og of Iho trod of • on<J boma ^icribod. lbo*'cf North 37 dtgroof 03minu(tt 07 •ocondi ?o*t . o d.slonct of ^ T!ii S7 ttcondt Cotl. O d.tlonc# of i\2 I r?*' ? 5 48m.nu1»» 47 oocond. (otl o d otonc# of *39 ^ thooco North 71 dtgroos iSmtr^ut#^ 30 stcondt Coit to the short o* LoKe LydiOfd thfnct towtheottor I ^. alona the short of toW# L«d>arJ to the tost i r»t of tdid Co%trr»n*nt tot 1. Ihtnct South 0 deorett 36mirtutts 41 • ttonds^sl. olong tost ted oost l-nt o d.sto^ct cf 480 feet, rrwre cr lets to IKt southeost corner of to«d Cover rsmnl lot 1. thence North 09 tl#ar#es 34 #n>nwtes ^V**^^*^*^** ©•or'g th* south I i r^e of so d Cover rsner^t lot 1. o tf'slence of 1333 14 feet to th# soutn«ett corner of ic«d Covf/rrrvnt Lot 1 Ihentt North 0 degrtee lammutes 21 seconde toil, oiong the »est lint of to>d Cov«r.vnrnt lot 1. o d.Horace of 74 1 40 feel to the po»r»l of beq.r^nmg. for porpotes of th*§ description the tooth tine of toip Cover f»-»nt Lol beof North 89 degrees 34 minutes 5l seconds tseat J4-ne-2S » * f * * * Ns- . ‘V; Ifr^ys. ■v... _ If: C««* I k*« I. ne-2J 0i l« It ostoned to total AACA*2390«^- acres W)TE . TOPOuRAl^.r IS FROM OTY OT ORONC MAPS OUTICT octal I'-ba* 4 la face r ie 4#«» Curt AV %t St>S' w<*Sm ISON mctsricv f*tan fct (ronn ir«# • 4#i■•.f rv"i*'»* f#■ .' *•*'*'.« iTh-. / C'lCr-N I /4* / feoi a* rfcc ■,r^:r 1 ** 23«i B<(wn«tPowf Over C«iri« 2* - 233’ S U.-^v'Sm* Ssm C«wtm -----8* - CsfS S *99rtg«(« Sam iOCT «er«e tSweec 6mP or Ctwol) CorrxiK'.te SM»s''ee« typical section ITT ■0 fr^ C- I ■< <o 2 CO <f 2 uh M = ^ O ^ iCOgi < wo w ^ r ^ U3 S>s§ ^ U t CL m |i|5 ii:t ? fill i! ii-- £ t liyiAii^-X.,. -....—r.,-. V Na C~1 >• ol Co»*’l Lot 1.' 36-118-23.,... '• ^ \ \ \‘. * \ /: \ ’\iV^ ^ ' . I \ « • ' '\o \' % \ ' * »v i i\\ N ^ C'' '' .''I"/. 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I < 7^/'...^ .SCTBACK . / /' «' 'I '. ,\. k} ,'ltuj ■ y.:iy '.u;..! /• A « I C X'' J</iro/a/r/- , V ' . / .'1 '' ' '.O, ' . , Eost^ iTfX: section V A* * ' ' ^ ' ' ' X- / ' ' I' < • , • , . » » I • < I , \ 1 » \ :A i'4\\(.//;/ X % \ X' ••• % \ I * # I \ , I .. ' ; . : .^vi -'’-~-".".v.. J. * i •. « \ ' I \ . ' I »» . N • » .\ A 'l30' ''■•x V 9 // 2- / / I •1. • ‘ •. I » I » * I » • / '> I 7>// 1 ' I i I \' ’, # / #t / / ' I ' ' '/ f . I f I /■// » t t I I 7^^ v • ■ - , ,"■• , -/ ,■■"/' / 7 . , ; 538>- \ ■ ■ ■. I ->*, >M //.-> ; 4* ; >0*’^ Z/! I / '•II, ♦ • . . ^ I *» I . , « I I , I ' I I , I L I » % •-----^ 1^ % N I ( I ' - --r ^ \ \ \ N 8< — '\' I ,' \.„ - Sooth line of'Ccv't Lot 1, Section 06 “ 118“20 TOTAL A NOTE : V' ‘0'-> r - *7t* l/JA-l" OUTLOT D' r=50 €‘viJTJ^c M/TV/rr B?\VA-=iTr /2<3/i-, 1^0 of' N e ^ 'A.- * ^0 /TfSPL'M'’-' "•-'•• l- />r’‘ t;?[I\ r I CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO.■5 0 'V A RESOLUTION GRANTING PRELIMINARY approval of A CLASS III SUBDIVISION FOR PROPERTY LOCATED AT 74S SPRING HILL ROAD - FILE NO. 2961 WHEREAS, Nina Wildman (hereinafter the "subdividcr") on November 12, 2003, completed the filing of a formal subdivision application with the City for approval of a three lot residential plat of property legally described as follows: Exhibit A, attached (hereinafter "the property"); and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono's Zoning and Subdivision Codes, the Orono Planning Commission held a public hearing on November 17, 2003, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, at its regular meetings held on December 8, 2003 and January 12, 2004 the Orono City Council considered the subdivision application of the subdivider noting the following findings of fact: 1.The property is located within the RR-IB Single Family Rural Residential Zoning District requiring a minimum of two acres of contiguous dry buildable land within each newly created lot. 2.The property contains a total of approximately 23.9 acres of land, of which approximately 0.67 acre consists of delineated wetlands in two wetland basins. The site also contains wetlands adjacent to and w'ithin the floodplain of Lydiard Lake. The two wetland basins and all portions of lake perimeter wetlands located above the 970.9' OHWL shall be subject to a Flowage and Conservation Easement. 3.The proposed plat consists of three residential building lots: Lot I, approximately 6.3 acres in area containing the existing residence structure and accessory Page 1 of 10 r CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ___9 Cr= 4. 5. '.f structures; Lot 2, a new 11.5 acre vacant lot (10.S acres dry buildable); and Lot 3, a new 5.8 acre vacant lot. Each of the three proposed lots meets the minimum lot standard requirements of the RR-IB, Single Family Rural Residential Zoning District, and the Shoreland regulations of the City of Orono, except as follows: A.Lot 3 is a non-lakeshore lot and its width is .rr‘rt ’'^imately 140’ as measured at the rear of the defined front >‘ard, which ... 50' from the cul- de-sac loop. Lot 3 fronts on the proposed cul-de-sac loop (Outlot A) and does not meet the defined minimum 200' lot width requirement as measured at the rear line of the defined front yard. However, Lot 3 also will have in excess of 200' of frontage on Outlot B, which is intended to provide for future conforming road access should Lot 2 ever be further subdivided. The granting of a lot width variance for Lot 3 is justified by the fact that Lot 3 contains a suitable building site meeting all required lot line setbacks without the need for further variances. B.Lots I, 2 and 3 will be served by a proposed driveway loop within Outlot A. The driveway outlot allows each lot to abut a private or public road as required by code, and allows emergency vehicle accessibility, while avoiding the creation of an SO' diameter paved cul-de-sac which would be out of character for the neighborhood. .A small portion of that driveway loop will be located within 75' of the OH^\X of Lydiard Lake where no hardcover and no roads or drivew ays are normally allowed. The hardships supporting this variance include the narrow configuration of the property at Outlot A; the location of the existing private road partially within the 0-75' protected zone; and the intent to preserve a wooded area at the center of the loop cul-de-sac. forcing one leg of the loop to encroach the protected zone with approximately 300 s.f. of hardsurface. The proposed subdivision to create residential lots of two acres in area or larger conforms to the provisions of the RR-IB Zoning District and the Rural Residential guiding as established in the Orono 2000-2020 Community Management Plan. The proposed subdivision is consistent with surrounding rural-densitv" residential development. The northeast bounda.'y' of the property is Lydiard Lake, which is surrounded on the north and cast by homes on 2-acre lots. Directly south of the Pase 2 of 10 ci CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. C-: property is the Wood Rill SNA, a ‘big woods ’ Scientific and Natural Area owned by the Minnesota Department of Natural Resources. Directly west and northwest of the property is a large estate parcel including open fields, woods and wetlands. 6. The property is primarily open fields, approximately 10% of it being wooded. The only woodland impacts anticipated are related to the loop driveway, where the loop center is intended to remain w'ooded but the driveway will result in some removals. Only one tree to be removed is within 75' of the lake, and that tree is right at the 75' mark. 7. The preliminary plat drawing accurately depicts the front, side, rear and lakeshore setbacks that would apply to this subdivision. Lot lines have been located so that the existing residence and tennis court on Lot 1 will meet required setbacks. The ‘garage’ structure in Lot 1 is within the 150' setback for Lydiard Lake. This structure was built prior to adoption of the Shoreland Ordinance which established Lydiard Lake as a Natural Environment Lake, and will remain as a legal nonconforming structure. 8. Placement of a new residence on Lot 2 would normally be subject to the average lakeshore setback requirements of the Zoning Code. However, the required 150’ lake setback, the lack of a any residence structure to the east, and the substantial distance between the existing home on Lot 1 and the proposed building site on Lot 2, are factors that support a waiving of the average lakeshore setback requirement for placement of a principal residence on Lot 2. 9. A portion of the Lydiard Lake shoreline for Lot 1, and most of the shoreline for Lot 2, is a bluff by definition. The existing garage on Lot 1 encroaches to within 12-14' of the top of the bluff, making it nonconforming with regards to the required 30' ‘top of bluff setback. On Lot 2, the top of bluff is approximately 90’ from the shore, but with a required 150' structure setback from the OHWL, a new residence would more than meet the 30' bluff setback. 10. All 3 lots have been found to have adequate and suitable soils for on-site septic treatment facilities providing both a primary and alternate site for each lot. The l-bedroom guest house and 4-bedroom main house on Lot 1 currently have separate systems; the guest house system is conforming, the main house system is non-comp!iant and must be replaced by the end of 2007. The two sites Page 3 of 10 CITY of ORONO RESOLUTION OF THE CITY COUNCIL S y-NO. 11. 12. 13. L identified for Lot 1 each have a capacity of 5 bedrooms; should the guest house system require future replacement, it could be connected together with the main house and not exceed system capacities. The property docs not abut a public road, but is accessed via a private road./driveway existing within a cartway established in 1SS2, and w'ithin a private easement over the adjoining property. The cartway is not maintained by the City. The private driveway/road serves 4 existing homes, and will potentially scr\’e 6 homes as a result of the subdix-ision. The private dnveway/road docs not end in a cul-de-sac, but rather branches off to individual driveways which each have a driveway loop near the respective residences. The portions of pnvatc dnveway/road serving multiple homes is generally only 12-14* in paved width, and at the point it enters the applicant’s property is approximately 1000* from Spring Hill Road. The private driveway proposed to serve a new residence on Lot 2 will extend an additional 1600 ’ into the property; that house will be 2600* or about Vi mile from Spri '.g Hill Road. The paved width of the one-way road loop within Outlet A must be adequate to allow access for emergency and service vehicles. The final design of this loop should be subject to approval of the City Engineer and City Fire Marshal. The City Engineer, the City Fire Marshal, and City staff have commerited on the existing access situation and have recommended that the City Council consider requiring upgrade of the existing private driveway/road in conjunction with this subdivision. The Planning Commission has recommended that upgrade of the access road other than the proposed cul-de-sac loop should not be required if applicant agrees to establish covenants that prohibit further development of Lots I, 2 and 3 for 30 years. The applicant and the other users/owners of the private d’ri\ eway/road have indicated strong opposition to upgrade or widening of the road, due to a number of factors, including: 1) the potential negative impact on wetlands closely abutting the existing roadway; 2) the potential negative impacts on the character of this rural neighborhood, 3) the potential increased speeds and traffic volume in the neighborhood if the road is upgraded to a condition where it is highly visible and acquires the character of an urban roadway as opposed to that of a rural neighborhood lane. Page 4 of 10 f i CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO.ti' w 14.The City Council finds that the existing driveway/road width is adequate to safely serve the existing neighborhood and the minimal number of additional homes proposed, subject to confirmation that the diivcway/road is legally located within valid private easements. The City Council finds that it would not be appropriate to establish conditions limiting further development of the property, such future proposals should be reNnewed on their own merits when they are proposed. 15.The proposed plan includes only minimal impiovements/expansions of the private road system, and has minimal impacts in terms of stormwater management due to the small number of large lots being created. Therefore, the use of vegetative buffer easements should be allowed rather than the creation of ponding areas, since the nitioff created by one or two new widely-spaced homes cannot be easily captured for treatment. 16.The subdivision is subject to the Storm Water and Drainage Trunk Fee established by City Ordinance. The subdivision is subject to dedication of standard Drainage & Utility Easements along lot lines. 17.The property does not abut any of the existing or proposed public trails shown on the City’s Comprehensive Trail Plan. The City plan shows a trail along East Long Lake Road and Spring Hill Road to connect Wood Rill to Wolsfeld Woods SNA further west. Since that trail would not involve this property, there is no apparent need for dedication of land, so the subdivision should be subject to the standard Park Dedication Fee established by City Oidinance in lieu of land dedication. 18.While there arc no historically significant features on this property knowm to the City, the location of the property with bluffs abutting a water body suggest the potential for archaeological significance. The subdivider must contact the State Historical Preservation Office (SHPO) and inquire as to the need for an archaeological review. NOW, THEREFORE, BE IT RESOIATD, that based upon one or more of the findings noted above, the City Council of the City of Orono hereby approves the preliminary plat application of Nina Wildman at 745 Spring Hill Road per preliminary plat drawings by Mark S. Gronberg, a licensed surveyor of Gronberg & Associates, Lnc. dated December 5, 2003, subject to the following conditions; Page 5 of 10 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. _' ^ ■ J v/I J A variance will be granted for lot width for Lot 3 based on the findings noted within this Resolution. A variance will be granted to allow encroachment of a portion of driveway hardsurface within 75' of the OHWL of Lydiard Lake based on the findings noted within this resolution. Lot 2 shall be exempt from meeting the 'average lakeshore setback' standards of the Orono Zoning Code based on the findings noted within this resolution. Lots I and 2 are subject to City Shoreland regulations regarding protection of the bluff located on said Lots. Setbacks for all principal residence construction shall be as depicted on the preliminary plat drawing. The private road loop in Outlot A is intended as a one-way counterclockwise circular access and shall be constructed to City private road standards, with the exception that the minimum paved width and clear area of such loop shall be subject to approval by the City Engineer and City Fire Marshal to ensure adequate but not excessive emergency vehicle access. Construction of said road loup shall be subject to a Developers Agreement to be executed between the City and the subdivider. Subdivider shall grant to the City an underlying Road, Drainage and Utility Easement for Outlot A. The private loop road in outlot A shall be privately owned and maintained per the appropriate access easement/maintenance documents to be executed by the subdivider. The subdivider shall create a homeowners association for such ownership and maintenance. Outlot B is intended as a private driveway outlot to serve Lots 2 and 3. Outlot B is established at a width of 50' to provide future accommodation for a conforming private road within Outlot B should Lots 2 or 3 be further subdivided in the future. An easement providing access for Lots 2 and 3 over Outlot B shall be established by the subdivider. Page 6 of 10 j CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO.^ 0 '. I Subdivider shall develop and submit a stormwater management buffer plan including defined buffer areas to be maintained in permanent groundcover. Approval of such plan by the City Engineer shall be obtained prior to the granting of final plat approval. Subdivider shall grant drainage easements over all drainageways and established buffers within the plat. ./■ .'Z- •X Subdivider is hereby advised that the City will not grant final plat approval until the MCWD has approved a stomiwater management plan for the property. The Storm Water and Drainage Trunk Fee is established by City Ordinance at S2.700 per acre, with a cap of 4.0 acres to be charged per Lot. For this property, three 4-plus acre lots are being created; each of the three lots is subject to a fee of (4.0 X S2,700 ® S10,800) or a total fee of 532,400 to be paid prior to final plat approval. All identified primary and alternate sewage system drainfield sites within the subdivision shall be fenced off by the subdividcr prior to any land alterations, and such fencing shall remain in place until such time that each Lot is developed. Subdivider shall develop covenants for each Lot for protection of drainfield sites within each Lot. Covenants shall include protective language for alternate septic sites along with site plans locating both primary and alternative sites. Subdivider shall include language alerting future property owners of need to protect sites on adjacent properties. Subdividcr shall grant Flowagc and Conservation Easements over the wetlands in Lots 1 and 2 and over those portions of Lydiard Lake perimeter wetland located above the OHWL of Lydiard Lake. Payment of standard S% Park Dedication Fee per City ordinance (fee capped at 55,550 per lot for Lots 2 and 3 based on value of each lot in excess of 569,375) Total due =* 511,100; Lot 1 as an existing residence is not subject to the Park Fee. Subdividcr shall submit evidence that the property contains no known significant archaeological features that would require preservation. Page 7 oflO ------------------------------ i CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO.V.' Subdivider is hereby ad\nsed that preliminary subdivision approval will expire one year from the date of Council preliminary plat approval. Should the subdivider fail to complete the filing of the final plat application within the year deadline, it shall be necessary for the subdivider to file a new preliminary subdivision application with the City. Final Plat Submittals: The following list of final submittals must be submitted to the Planning Director two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month. These submittals are as follows: 1.Record plat drawings in the form of two (2) mylar copies (one copy for the City's records and one for filing with Hennepin County) and one (1) copy reduced to 1" = 200'. Drawing to include: a.Lot lines platted per preliminary survey by Mark S. Gronberg of Gronberg & Associates, Inc. dated December 5, 2003. b.Dedication of drainage and utility easements 10’ wide along the exterior boundaries of property and 5’ along the internal lot lines. c.Designation and dedication of drainage casements over drainageways and buffer areas to be established as noted in this Resolution. d.Designation of Outlot A to serve as a private roadway and Outlet B to serve as a private driveway. e. The naming of plat. 2. Legal documents required: a.Title opinion addressed to the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. Page 8 of 10 CITY of ORONO RESOLUTION OF THE CITY COUNCIL 6' 'NO. _________________ b. The applicant must provide certified copies of all recorded easements currently affecting the property. c. Signed and executed Developer's Agreement and letter of credit for approved site improvements and construction of private loop road (Outlot A), stormwater and drainage facilities, etc. as necessary. d. Signed and executed Flowage and Conservation Easement over the wetlands in Lots 1 and 2 and over those portions of Lydiard Lake perimeter wetland located above the OHWL of Lydiard Lake. e. Signed and executed Road, Drainage and Utilities Easement over Outlot A. / f. g- Signed and executed "Declaration of Private Road Easement and Declaiation of Maintenance for Same" for Outlot A. - ......... Documentation sufficient to satisfy the City Attorney that the property has legal roadway and utility easement access to Spring Hill Road and that the private road system serving the property is within its dedicated easement corridors. N i. Completed private covenant for all Lots regarding protection of drainfield sites. Covenants to include protective language for primary and alternate drainfield sites and to include the site plans locating both the pnmary and alternate sites. Subdivider to develop language alerting future owners of need to protect sites on adjacent properties. Covenants must be in a fomi suitable for filing. The City has samples of protective covenants used by former developers available for review. Fees to be paid: Total due: $44,030.00 a. Final plat review fee = $250.00 b. Legal review/filing fee for plat & associated documents *= S280.00 c. Park Dedication Fee: $11,100.00 d. Storm Water and Drainage Trunk Fee: $32,400.00 Page 9 of 10 r— CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ( I ■> Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 12th day of January, 2004. ATTEST: /{ 0 r '•i c ( * /• y. ' *' /■ / ■ /t; /«. '• .iV Linda S. Vee, City Clerk Barbara A. Peterson, Mayor STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of January, 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. Qli Notary Public AUSSA A. WINTERNHEIMKR V notary PtflUC.MiNf.'SSOTA . f'yCc.TfrJ-iCRC.3). K-y; . STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) ________ ................ The foregoing instrument was acknowledged before me on this.l'2th day of January, 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. It' * » • « t• U r //Cf.'.l*. Notary Public Page 10 of 10 1..I EXHIBIT A RESOLUTION NO. 5099 LEGAL DESCRIPTION OF PREMISES: That port of Government Lot 1, Section 36. Township 118, Ronge 23, Hennepin County, Minnesota, described os follows ; Corrmencing at the northwest corner of sold Government Lot 1; thence South 0 degrees lo minutes 21 seconds West, olong the west line of soid Government Lot 1, o distonce of 582.74 feet to the point of beginning of the troct of Iond being described; thence North 37 degrees 03 minutes 07 seconds ost, o distonce of 45.63 feet; thence North 15 degrees 12 minutes 57 secon. Cost, o distance of 158.42 feet; thence North 51 degrees 48 minutes 47 secono. Eost a distonce of 139.55 feet; thence North 71 degrees 15 minutes 30 seconds East to the shore of Loke Lydiord; thence southeosterly, along the shore of Loke Lydiord, to the t line of soid Government Lot 1; thence Seost line of soid Government Lot 1; thence South 0 degrees 36 minutes 41 seconds West, olong lost soid eost line, o distonce of 480 feet, more or less, the southeast corner of said Government Lot 1; thence North 89 degrees 34 minutes 51 seconds West, along the south line of soid Goverrment Lot 1, o distonce of 1335.14 feet to the southwest corner of soid Government Lot 1 thence North 0 degrees 18 minutes 21 seconds Eost, along the west line of soid Government Lot 1, o distonce of 741.40 feet to the point of beoinnino.beg inning For purposes of this description the south line of.sold Goverrment Lot 1, is ossumed to beor North 89 degrees 34 minutes 51 seconds West. I f * .y ,fO O f—'t: * I l! ,. ^// I: ■ li CITY of ORONO % Municipal Offices Street Address: 2750 Kelley Parkway Orono, MN 55356 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323 0066 September 10, 2004 Nina Wildnian 745 Spring Hill Road Wayzata, MN 55391 Re: Status of Final Plat Application Dear Ms. Wildnian: I have now received the mylars for final plat approval from M;u k Gronberg, as well as the title opinion from Allen Christy. However, in reviewing the file on this project 1 see a number of items which must be completed before the plat can be placed on tlie Council’s agenda for final plat approval. The following list sununarizes pertinent line items from the conditions of approval stated in Preliminary Plat Approval Resolution No. 5099 dated January 12, 2004: STORMWATER MANAGEMENT Subdivider shall develop and submit a stormwater management buffer plan including defined buffer areas to be maintained in pennanent groundcover. Approval of such plan by the City Engineer shall be obtained prior to the granting of final plat approval. Subdivider shall grant drainage casements over all drainageways and established buffers within the plat. Ilic City will not grant final plat approval until tlic MCW’D lias approved a stonmvatcr management plan for the property. The Storm Water and Drainage Trunk Fee is established by City Ordinance at S2.700 per acre, with a cap of 4.0 acres to be charged per l ot. For this properiy, tluce 4-plus acre lots arc being created; each of the three lots is subjec t to a fee of (4.0 x 52,700 = S10,800) or a total Ice of $32,400 to be paid prior to final plat apinovnl. WETLANDS Subdivider shall grant Flowagc and Con-serv ation Easements over the wetlands in Lots 1 and 2 and over those portions of Lydiard Lake perimeter wetland located above the OHWL of Lydiard Lake (Standard easement form attached). Telephone (952) 249-4600 • Fax (952) 249-4616 w.ci.orono.mn.u5 \ \ Nina Wildman September 10, 2004 Page 2 DRAINFIELD SITES PROTECTIVE COVENANTS 5) Subdivider shall develop covenants for each Lot forprotectionof drainfield sites within each Lot. Covenants shall include protective language for alternate septic sites along with site plans locating both primary and alternative sites. Subdivider shall include language alerting future property owners of need to protect sites on adjacent properties. ARCHAEOLOGICAL REVIEW 6) Subdivider shall submit evidence that the property contains no knovoi significant archaeological features that would require preservation. (Contact State Historical Preservation Office) PARK DEDICATION FEE 7) PaNTTient of standard 8% Park Dedication Fee per City ordinance (fee capped at S5,550 per lot for Lots 2 and 3 based on value of each lot in excess of $69,375) Total due = $11,100; Lot I as an existing residence is not subject to the Park Fee. ROAD ACCESS 8) Applicant shall provide documentation sufficient to satisfy the City Attorney ‘hat the property has legal roadway and utility easement access to Spring Hill Road and that the private road system serving the property is within its dedicated easement corridors. The survey work by Mark Gronberg dated 12-18-03 indicated that portions of tlie traveled roadway is not within its dedicated corridor. This easement issue must be resolved before final plat approval wll be granted. 9) Applicant sltall grant to tlie City an underlying Road, Drainage and Utility Easement for the private loop road within Outlet A (Standard form attached for your attorney ’s use). 10) Applicant shall create a homeowners association for ownersltip and maintenance of Outlet A, since it will serve up to three different properties. This shall include establishment of access easements and maintenance covenants for the road within Outlet A (standard ‘Declaration of Private Road Easement and Declaration of Maintenance for Same ’ is attached). 11) Applicant shall create an easement providing access for Lots 2 and 3 over Outlet B. Nina Wildman September 10,2004 Pages DEVELOPERS AGREEMENT A Developers Agreement shall be executed between the City and the subdivider for the required road improvements within Outlot A (Standard format attached for your attorney to use as a template). A letter oferedit covering 150% of tlie costs of the improvements in Outlot A, as well as any stomiwater improvements required by the City or the MCWD, must be submitted with the Developers Agreement. I am forwarding a copy of this letter to Mark Gronberg and Jim Jensen in order that they may assist you in meeting the requirements for final plat approval. If you have any questions, please contact me at 952- 249-4600. Sincerely, Michael P. Gaffron Planning Director end. cc; Mark Gronberg Gronberg & Associates 445 N. Willow Drive Long Lake, MN 55356 Jim Jensen Jensen Homes 601 Carlson Parkway, Suite 1225 Minnetonka, MN 55305 Date Application Received: 4-21-04 Date Application Considered as Complete: 6-9-04 60-Day Review Period Expires: 8-8-04 extended to 10-7-04 extended to 12-6-04 REQUEST FOR COUNCIL ACTION NUV 8 2004 OilYOt^ OrtONO Date: November 4,2004 Item No.: /V Department Approval: Name: Janice Gundlach^ Title: City Planner Administrator Approval:Agenda Section: Zoning Item Description: #04-3010, Theodore L. Capra, 3534 Ivy Place - Variance - Resolution Zoning District: Lot Area: Lot Width: LR- 1C, One Family Lakeshore Residential District ('/i acre minimum) 0.50 acres (21,926 s.f.) 104’ at shoreline; 101 ’ at 75’ setback List of Exhibits A - Denial Resolution B - Proposed Site Plan Showing 30% Hardcover in the 75’-250’ Zone C - Previous Site Plan Showing 33% Hardcover in the 75’-250’ Zone D - Existing Survey Showing 49% Hardcover in the 75’-250’ Zone E - 60-Day Extension from Applicant F - PC Action Notice dated 8-17-04 G - PC Memo & Exhibits of 8-12-04 (30% Hardcover Plan) H - PC Action Notice dated 6-22-04 I - PC Memo & Exhibits of 6-17-04 (33% Hardcover Plan) Application Summary: Applicant requests the following in order to construct a new residence on an existing lot: 1. Hardcover variance to permit 30% hardcover within the 75’-250’ zone where 25% is normally allowed and 49% currently exists. Staff Recommendation: llie lot is conlormLng wiUi respect to width and area. Staff recommends denial of the hardcover variance as the project is a rebuild and should be held to the 25% hardcover limitation and no valid lardship has been demonstrated. The applicant also originally requested a conditional use permit to grade within 75’ of the lake. After a site visit from the City Engineer it has been determined that the conditional use permit will not be required as the applicant would be requesting only minor changes in order to remove an existing retaining wall. This can be conducted in conjunction with a building permit for a new house or a separate land alteration permit. Planning Commission Recommendation The Planning Commission has heard from this applicant on two occasions. Both i.’quests were for a hardcover variance and a conditional use permit for land alterations within 75’ of the lake. At the June 21“ meeting the applicant requested 33% hardcover within in the 75’-2oO ’ zone and a land alteration CUP. The Planning Commission tabled both the hardcover and CUP request and directed the applicant to reduce hardcover and work with staff and the City Engineer for the lake yard restoration. The applicant again appeared before the Planning Commission at the August 16, 2004 meeting requesting 30% hardcover within the 75’-250 ’ zone (a reduction of 370 s.f. from the original plan). The applicant explained to the Commission that he had tried a number of different site plans including a detached garage and moving the house closer to the road, however could not reach the 25% hardcover allowed, at least not with a plan that would meet his needs. The Plaiming Commission denied the 30% hardcover request and tabled the CUP for land alterations within 75’ of the lake to allow the City Engineer to conduct a site visit. The applicant now requests Council review of the 30% hardcover site plan for a variance in the 75’- 250 ’ zone when 25% is allowed and 49% currently exists. An existing survey, 30% hardcover plan, and the 33% hardcover plan are attached for your reference as well as the past PC reports. Staff Recommendation Deny the request and adopt the denial resolution attached as Exhibit A. The lot is conforming in area and width and no valid hardship has been demonstrated to allow hardcover in excess of 25%. COUNCIL ACTION REQUESTED Adopt the attached Resolution denying a hardcover variance for 3534 Ivy Place. EXHIBIT A A RESOLUTION DENYING VARIANCES PER MUNICIPAL ZONING CODE SECTION 78-1288 FILE #04-3010 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 ct. seq. and 462 et. seq., the City Council of the City of Orono has adopted zoning regulation for the protection of the public health, safety and general welfare; and WHEREAS, Theodore L. Capra (hereinafter “the applicant”) is the owner of the property located at 3534 Ivy Place within the City of Orono (hereinafter ‘‘the City ”) and legally described as follows: Lots 177 and 178, TAYLOR’S SUBDIVISON OF SPRING PARK LOTS, and situate in the County of Hennepin, State of Minnesota (hereinafter “the property”); and WHEREAS, the applicant has applied to the City of Orono for a hardcover variance to permit construction of a new residence on an existing lot where 30% hardcover in the 75 ’-250 ’ zone is proposed when 25% is normally allowed and 49% currently exists, requesting the following approvals: 1.Section 78-1288: To permit 30% hardcover in the 75 ’-250 ’ zone when 25% is nonnally allowed and 49% currently exists. 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 variance as described above based on one or more of the following findings of fact concerning this property: Page 1 of 3 r* r’ 1. 2. 3. 4. 5. 6. The property is conforming in area at 0.50 acres when 0.50 acres in required in the LR - 1C, One Family Lakeshore Residential District. The property is conforming in width at 104 feet at the shoreline and 101’ at the 75 foot setback when 100’ is required. No valid hardships inherent to the land have been demoitstrated in order to support a hardcover variance. It is the intent of the Comprehensive Plan and Zoning Code to protect the water quality of Lake Minnetonka by limiting the amount of hardcover a lot contains. No hardship exists on this lot that would support or require additional hardcover. 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 that a variance be 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 granted. b. The plight of the landowner was created by the landowner. c.Granting of the proposed veniances would appear to serve as a convenience to the applicants and the applicants have not demonstrated a reasonable hardship o' practical difficulty 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 as well as in adjacent residential zoning districts. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. Page 2 of 3 7. The applicant is also hereby advised that at the time of construction of a home meeting the 25% hardcover limitation for the 75’-250’ lake setback zone; fill in the amount of 500 cubic yards or more on the street side of the home could require a conditional use permit. Adopted by the City Council of the City of Orono on this S"* day of November, 2004. ATTEST: Linda S. Vee, City Clerk Barbara Peterson, Mayor I STATE OF MINNESOTA COUNTY OF HENNEPIN ) ( ) The foregoing instrument was acknowledged before me on this 8*** day of November, 2004, by Barbara Peterson & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City Notary Public Page 3 of 3 fo U f^^Movep ..1^. / ..................................... /' cxi^mic DWCWNC -^ „ i ,ji>‘®;/ 2-’;wifr tiooo ntAur / jP. i / NO. J54S ivr Pi Ace ^ V 1 1 I ' ]■^■■fTTife iiIS 33"-\ytSV^'V ,1 ei li L^OMyAW 'aa \IMM 1 -fO 0^ ■ g£/ioveD .......................................................... • • • * VJAtu >fO g.%M0V»O ‘^-7^' UAK& sereAU^ ^3o L0N&6^ pfcOPO^Et) ^ \s liar M»ppjvJ&D 1,,^-— m X X w «H CD r "hV/m 76-Z50* •« • ••• EXHIBIT C i ^>77 CA2rr>r 0.cfUM7 ^ j-rrc^r Rxo rPAA^ /ua tyr HAOt 9 m»0•* b: -I-©: v^^-miKi IS' SET i\ ?W)P0StD '*' NPPP-cy08D wa M4-\% I gtc£ MO M7 L fli • • • • •• 4 »•• • 9 m»9mt 9%m EXHIBIT D £)(ivni^6| 2 HA4^<«ve ^zone ••••••• CxtSTiHC O^UNC j-swr hoco r/?AA/£ MX J546 Ivr RLACC ....................U'i ......... '*?c-*rrr>:_tVqp l•tt*<«ttl P •> J ....................... ..................... ............... jfsiwc to REVISIONS • 90 i OATt r S•JRVE^^' FOR; CERTIFICATE OF SURVEY Ted capi Got 06 04 ll:S6a Sportsmans Raeipas 7637852403 p.1 EXHIBIT E !0/«/o4 2230 ENERGY PARK DRIVE • ST. PAUL. MN 55108 TL 651-999-8S02 LTL 651-999*8503 800-967-2044 800-331-9412 Q ; --------!c^ . ,.JLc4ob. '4-v jL-liJ:Zrs^ ___<^pr>. y^r\. c—(eP^_ . ___..f<fru...f. ....................................................................• ... • • ^ • m • 90 » •••< —.........— a- • ^ * . • #a» a. • • • • • • • • • • •»« a • 4 ••• •a • mi ,m m*9 -9*4 CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 EXHIBIT F ZONING FILE: 04-3010 NOTICE OF PLANNING COMMISSION ACTION Crystal Bay, MN 55323 (952) 249-4600 DATE OF NOTICE: August 17, 2004 TO: Theodore L. Capra 2849 1 lO'" Avenue NE Blaine, MN 55449 COPIES: TYPE OF APPLICATION:Hardcover Variance, Conditional Use Permit DATE OF MEETING: August 16,2004 Planning Commission recommended as follows: Denial of the hardcover variance request to allow 30% hardcover within the 75’ - 250 ’ zone as the project is a complete rebuild, the property is conforming in area and width, and therefore should be held to 25%. Table of the conditional use permit request to allow the applicant and engineer to meet on site to discuss the proposed grading within the 0-75 ’ lake setback zone. VOTE:FOR /vGAINST 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 EXHIBIT G M04-3010 August 16,2004 Page 1 of 3 Date Application Received: 4-21-04 Date Application Considered as Complete: 6-9-04 60-Day Review Period Expires: 8-8-04 extended to 10-7-04 To:Chair Rahn and Planning Commission Members Ron Moorse, City Administrator From: Janice Gundlach, City Planner Date: Subject: August 12,2004 #04-3010, Theodore L. Capra, 3534 Ivy Place - Hardcover Variance, Conditional Use Permit - Public Hearing Zoning District: Lot Area: Lot Width: LR- 1C, One Family Lakeshore Residential District ('/i acre min.) 0.50 acres (21,926 s.'f.) 104 feet @ Shoreline; 101 feet @75’ Setback Application Siunmaiy; Applicant requests the following in ordci to construct a new residence on an existing lot: 1. Hardcover variance to permit 30% hardcover within the 75’-250' zone where 25% is nonnally allowed and 49% currently exists. 2. Conditional use permit to allow land alterations within the 0-75’ zone Staff Recommendation: Staff recommends denial of the hardcover variance as the project is a rebuild and should be held to the 25% hardcover limitation and no valid hardship has been demonstrated. Staff also recommends denial of the conditional use permit to allow grading within 75’ of the lake. Only one portion of the slope requires restoration, which can be accomplished w'ithout grading the entire lake yard or constiaicting any retaining walls. The applicant is encouraged to investigate the use of deep-rooted plant material like prairie grasses and/or wildflowers, other than turf grass, in an effort to stabilize the existing slope. List of Exhibits Exhibit A - Revised Survey Exhibit B - Revised Hardcover Calculations Exhibit C - Revised Elevations Exhibit D - Revised Floor Plans Exhibit E - Photographs Exhibit F - 60-Day Extension Letter Exhibit G - PC Meeting Minutes of 6-21 -04 Exhibit H — PC Action Notice of 6-22-04 Exhibit 1 - PC Report of 6-17-04 Background The applicant and the applicant’s architect have met with staff numerous times since the June Planning Commission meeting to discuss alternative site plans in an attempt to f.m »> fV04*3010 August 16, 2004 Page 2 of 3 reduce hardcover. The applicant has reduced the size of the garage, however increased the size of the house footprint slightly. The applicant has also explored moving the house towards the road but doesn’t want to give up any lake views. Lastly, the applicant has tried a smaller attached garage as well as a detached garage in an effort to reduce driveway hardcover. All the exercises have led the applicant to the attached revised plan. The applicant is still proposing to remove the shed located at the lake and the detached garage located at the road, as well as retaining walls within 75 ’ of the lake. The new plan consists of 30% hardcover when 33% was previously proposed and 25% is normally allowed. The applicant is also still requesting a conditional use pennit in order to re-grade the lake yard. The City Engineer has reviewed this plan briefly, however has rot provided any written comments at the time this report was drafted. His verbal comments relate specifically to whether or not the slope is indeed in need of restoration. He will conduct a site visit and provide written comments, although he maintains that only the portion of the slope between the 934 elevation and the 944 elevation are in need of slight repair and the repair can be done without the need for retaining walls. The applicant should e.<plore replanting the area between the 934 elevation and 944 elevations with prairie grasses and/or vTildfiowers as those plant types provide much deeper root systems than turf grasses. The Planning Commission should come to a consensus on whether extensive grading within the lake yard should be permitted given the City Engineer’s preliminary comments, the conditional use permit standards outlined in the previous staff report, and historically what residents have been approved to do within their lake yard. LOT ANALYSIS WORSHEET (changes from the previous plan have been bolded and Italicized) Lot Area/Width LR-IC Lot Area Lot Width Required 21,780 s.f. (0.50 a. res)100 ’ Actual 21,929 s.f. (0.50 acres)104 ’ @ Shoreline 101 ’^75 ’ Setback Setbacks LR-IC Required Existing Proposed Front 30 ’N/A N/A Rear 30 ’ 99.6’ - house 11.5 ’ - detached garage 68* (71 ’ was previously proposed) Left Side (north)10 ’ 23.2 ’ - house 1.3 ’ - detached garage 13* (28‘ was previously proposed) r.n m-3010 August 16, 2004 Page 3 of 3 Right Side (south)10 ’ 26.2’ - house 73 ’ - detached garage ir (10* was previously proposed) Lakeshore 75’ 91.5’ - house 18.5 ’-shed 88 ’ (previously 90 ’ - house ) Average Lakeshore 71.5' -98.5 ’ (going north to south) 110 ’ -94’ (conforming) 88 ’ (94’ previously) Total Lot Area Total Structural Coverage 21,926 s.f. (0.50 acres) ^Allowed; 3,289 s.f. (15%) Proposed: 3,128 s.f. (14.3%) Previously Proposed; 3,208 s.f. (14.6%) | Hardcover Calculations (A typo was made on the on the previous report regarding the square footages m each zone, however this typo did not affect the hardcover levels proposed. It is now Hardcover Zone Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover 0-75 7,698 s.f.0 s.f (0%) 320 s.f.* (4%) 0 s.f. (0%) 75-250 14,228 s.f.3,557 s.f. (25%) 7,032 s.f.* (49%) 4,306 s.f. (30%) Previous; 4,670 s.f. (52 86%) driveways never approved by the City. Issues for Consideration 1. Should this conforming lot be granted a hardcover variance? 2. What level of ground disturbance should be allowed within tire 0-75 ’ lake yard? 3. Should the applicant be encouraged to reduce the footprint of the house, which is cuiTcntly proposed at 2,288 square feet, not including the garage even though the structural coverage requirement is met? Staff Recommendation Staff recommends denial of *he hardcover variance and conditional use permit request. The applicant shoula be encouraged to reduce the size of the house and/or garage. Staff also recommends denial of the conditional use permit request as currently presented. Following a site visit from the City Engineer the applicant will be directed to an alternative solution for restoring the slope located between the 9.34 and 944 elevations. M fo Be neMovep ✓ rxibJING DWnUNG 2SJORY ^OO FRAU€ NO. J546 iVY PLACL 1..... ___ 72 0,.. frtO EXHIBIT A 'aa *1^ SWe-D^ \iMM t: -fO jie/ioTeD tU -fo fte ,«oC »ttM0Vl|O A>lt.?ACie ....... .................................................. EXHIBIT B $00-1000' mnsnsGH/ A. Bouse •itmzoim S.F. Ltnfth gg>g^-: Width X X •X S.F. S.F. S.F. S.F. B. Garage C. DrivewcQf X X S.F. S.F. D. SidewaUc X X S.F. S.F. E. Patio/Deck X X S.F. S.F. F. Landscape Underlatn By Plastic Or Fabric X X X S.F. S.F. S.F. C. Other total BAFDCOVER IN ZONE - TOTALPROPmTT^PEATNZONE^ ^xJOO 0^ s.r. A % B H- fBpFOSED ffpttDCOVER IN ZONM A. House S.F. Length wm X X S.F. S.F. S.F. B. Garage C. Driveway X X S.F. X X S.F. S.F. D. Sidewalk X X S.F. S.F. E. Paiio/Dedc X X S.F. S.F. F. Landscape Underlain By Plastic Or Fabric ii / X X X S.F. S.F. S.F. C. Other OJOik. vVM>(^ * S.F.i-.r:r- total HAiaiCOVER IN ZONE - total PROPERTY ASEA IN ZONE A ^-------- + B - xlOO bO its .^.F. A ---------S.F. % B 7TF hasdcover calcvia SBISACKZONEi (CXRCLEONE) 0-75' ^RKSHEET 2S0S00 ’500-1000' Kfz ftA1tTlCOVP.lt IN ZONE A. Eottse • —-------— Length Wdih X X •X B. Gcrage C. Driveway X X D. Sidewalk X X E. Pa&o/Deck X X E. Landscape ^>^oi>C* • x Underlain ______________ By Pkudc ______________ Or Fabric X x G. Other total HARDCOVER mZONE - total PROPEBjr AREA JN ZONE i .xioo A. House LaxgLh X .X X X B. Garage X C. Driveway X ♦X D. SidrAp'oIk X X E. PailolDeck X>^OeL.'Z-~ • X X F. JjBiiscape Underlain X X By Plasdc Or Fabric X G. Other X Width total HARDCOVER IN ZONE - TmjLPRO^E^tSEtWZOIIE^ ^ ^5* ---------- ■■■" l=S i‘on^S.F. S.F. S.F. _S.F. /rS*!S.F. s.r. es ••S.F. lo4r^S.F. ea •^€> .S.F. S.F. es S.F. SF. «-S.F. ar SF. S.F. A %l-A'fl-'iS.S.F. % ■ •j-z.a.a.S.F. S.F. c S.F. S.F. 12-0 S.F. 1050 S.F. S.F. *r S.F. sr S.F. l-Z-o S.F. S.F. S.F. a.S.F. S.F. 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JUNE 21, 2004 6:00 o'clock p.m. EXHIBIT G (2. #04-3009 JAMES AND DARCY LOFFLER, 1690 SHADYWOOD ROAD, VARIANCE, REVISED PL/\N, PUBLIC HEARING (6:09-6:15 p.m.) Leslie moved, Chair Mabustb seconded, to recommend approval of Application #04-3009 James and Darcy Loffler, 1690 Shad>"vY00d Road, granting variances needed for the revised plan: 1. Lot area (0.39 acre where 0.50 acre required-, does not meet 80% rule) 2. 75-250' Hardcover (Proposed = 3,557 s.f. /10,780 s.f. in zone » 33.0% where 25% is allowed.) 3. Subject to City Engineer acceptance of grading and drainage plan. VOTE: Ayes 7, Nays 0. Fi-itzler urged the applicants to adhere to the approved variances and discouraged the applicants from enlarging hardcover surfaces, i.e. backup apron and deck, in the future. Gaffron advised the application would be scheduled for the June 28, 2004 City Council meeting. Mr. Loffler tlrariked the Plaiuring Commission for their scrv-ice to the community. NEW BUSINESS 3. #04-3010 THEODORE L. CAPRA, 3534 IVY PLACE, VARIANCE, CONDITIONAL USE PERMIT, PUBLIC HEARING (6:15-6:32 p.m.) Theodore Capra, applicant, was present. Gundlach presented the application for a proposal to tear down the existing house and rebuild, removing approximately 2,356 s.f. of hardcover, although fl-.e applicant is still requesting a variance to penuit 4,676 s.f. of hardcover, or 32.86%. The applicant is proposing to remove 320 s.f of existing hardcover within the 0-75’ zone and would then comply with the 0% hardcover standard for the 0-75’ zone. The lot meets the Vi acre standard as well as the width standard. Gundlach pointed out the proposed house plans leave only 349 s.f. for allowable non-structural hardcover and if the applicant were to construct the proposed 3-+stall garage at the road, 1,368 s.f. of driveway hardcover would not be necessary. In summary, she stated the applicant’s property is confonning in area and width, and the proposed application meets all other setbacks, including removal of the non-conforming detached garage at the road and the non-conforming shed located at the lake. She stated staff finds that no valid hardships inherent to tire land to warrant approval of the hardcover variance. Further, Gundlach advised the applicant requests a conditional use pennit to allow grading all the way down to the shore. Proposed site grading would consist of a substantial fill amount on the street and side of the home, which does not require a CUP unless it exceeds 500 cubic yards. Gundlach refened to the City Engineer review comments in Exhibit F of the staff report, dated June 17, 2004. Page 3 of 22 MINUTES OF THE ORONO PLANNING COMMISSIOl lEETING MONDAY. JUNE 21.2004 6:00 o’clock p.m. (3. ##04-3010 THEODORE L. CAPRA, 3534 IVY PLACE, VARIANCE, CONDITIONAL USE PERMIT, PUBLIC HEARING - continued) Gundlach recommended denial of both the hardcover variance and conditional use permit request. She indicated the applicant has an option to revise his plan to incorporate a smaller detnehed garage or reduce the total foot print in order to achieve 25% hardcover within the 75’-250’ zone. Also, the applicant could revise his plan to incorporate minimal grading only as needed to remove the existing retaining wall, noting the proposed amount of grading is unnecessary to achieve a walk/out style house. Mr. Capra, applicant, pointed out his proposal decreases the hardcover from 49% to 32.8%. He iirdicated drat he drought rock retaining walls were undesirable so, instead, proposed substantial lakeside grading. If it were possible, he wished to install two rock retaining walls instead of grading the entire slope. Mr. Capra commented that he believed his new house would greatly enhance the property instead of the existing old house. He explained he had already installed a shoreline riprap wall. Chair Mabusth asked to sec Mr. Capra ’s photos of the shoreline riprap wall. Mr. Capra provided the photos to members of the Plarming Commission. Chair Mabusth inquired of staff if there were signs of erosion on the property. Gundlach replied that the proposed retaining walls were not on the applicant ’," jading plans and she had not observed any slope failures. Chair Mabusth asked if lakeside gr ading would be necessary if the house were moved further back from the lakeshore. Gundlach explained that the City Engineer and the applicant ’s architect think the proposed house can be built without grading in the lakeside yard but fill would be required for the street and side yard. Mr. Capra explained that after re-consideration of the substantial amount of lakeside grading proposed, he now would like to pursue installation of retaining walls. Chair Mabusth recommended tabling the conditional use permit request for grading in the 0’-75’ zone until Mr. Capra finalizes his grading plan. She stated it was difficult for her to approve of a hardcover variance on a property that meets the width and area standards for its zoning district. Rahn concurred with Chair Mabusth ’s and staffs derdal recommendation, pointing out that it is a conforming site and he did not see any valid hardship. Mr. Capra commented that Ivy Place is very narrow and has no on-street parking. He also wanted the larger garage space for inside storage of sports equipment. Kempf remarked that on-street parking is better than some other streets because Mr. Capra ’s property is located nearly at its end. Also, tire property has other options like a detached garage or a reconfigured house footprint. Jurgens added that Mr. Capra purchased the property as is and therefore the narrow road dees not create a valid hardship. Page 4 of22 MINUTES OF THE ORONO PLANNING COMMISSION MEETING MONDAY, RJNE 21,2004 6:00 o’clock p.m. (3. #04-3010 THEODORE L. CAPRA, 3534 IVY PLACE, VARIANCE, ( ONDITIONAL USE PERMIT, PUBLIC HEARING - continued) Leslie moved, Rahn seconded, to table Application #04-3010, Theodore L. Capra, 3534 Ivy Place. VOTE: Ayes 7, Nays 0. 4. #04-3019 WENDY SULLIVAN, 325 CRESTVIEW AVENUE, VARIANCES, PUBLIC HEARING (6:34-6:40 p.m.) Wendy Sullivan, applicant, was present. Gundlach presented the application for a teardown of the existing vacant, old and dilapidated house and to construct a new house. Site remediation would be required prior to issuance of a building pennit. She stated the lot is located within a small neighborhood zoned for 2 acre lots and that many of the lots on Crestview Avenue and Tonka Avenue are substantially under the required 2 acres and require variance approval to do virtually any improvement. Gundlach indicated that .5 acre standards have been applied in the past. When applied to this lot, .5 acre setback standards are met or exceeded. The applicant’s plan meets all other requirements for hardcover and stnictural coverage. Gundlach recommended approval of the requested variances. Chair Mabusth invited comments from the applicant. Ms Wendy Sullivan asked for clarification of the remediation requirement. Gundlach explained it was a requirement from the Mirurcsota State Health Department due to the prior methamphetauiines found there when the property was rented out. Chair Mabusth asked for any public comments. There were none. Jurgens requested pool and patio setback requirements from staff. Gundlach provided the information, concluding the proposed pool and patio are compliant with City stand<irds Chair Mabusth inquired if there were any lot coverage issues. Gundlach stated there were none as the proposed application meets the 15% standard. Jurgens moved, Kempf seconded, to recommend approval of Application #04-3019, W’endy SulUvan, 324 Crestview Avenue, grantiug approval of the following variances in order to construct a new residence on an existing lot: 1. Lot area variance in order to construct a new residence on the existing 0.43 acre lot where 2 aces is normally required. 2. Lot width variance in order to construct a new residence on the existing 150’ wide lot when 200’ is normally required. 3. Front yard setback variance to allow the new house to be setback 30’ from the front property line when 50’ normally is required. 4. Side yard (south) setback variance to allow the new house to be setback 19’ from the side property line when 30’ is normalh required. VOTE: Ayes 7, Nays 0. Gundlach stated .Apoheation #04-3019 would be referred to the June 2S, 2004 City Council meeting. Page 5 of 22 EXHIBIT H P CITY OF ORONO ZONING FILE: 04-3010 Ro! Box 66 **“*^*^'^*^^ NOTICE OF PLANNING COMMISSION ACTION Crystal Bay, MN 55323 (952)249-4600 DATE OF NOTICE: June 22, 2004 TO: Tlieodove L. Capra COPIES: 2849 1 lO"’ Avenue NE Blaine, MN 55449 TYPE OF APPLICATION: Hardcover_Vajiance,jCqiidUi^^^ Use Pen'nit_____ DATE OF MEETING: June 21,2004 Planning Commission recommended as follows: Table. The applicant was directed to revise tlie proposal to meet the 25% hardcover allowance for the 75’-250’ zone. The applicant was also directed to finalize any grading or retaining wall plan for the 0-75* zone and submit the plan to staff an«a the City Engineer for review prior to review by the Planning Commission. VOTE: 7 FOR 0 AGAINST Applicant’s next meeting is tentatively scheduled as; Planning Commission - Monday, July 19,2004; meeting starts at 6:00 p.m. If you desire certified copies of the official Plaiuiing Commission or Council minutes, they arc available from the City Recorder after review and approval by die Planning Commission or Council. If you have questions, please call City Planner Janice Gundlach at 952-249-4623. I Date Application Received: 4-21-04 Date Application Considered as Complete: O-9-04 60-Day Review Period Expires: 8-8-0-t EXHIBIT I 3 «04-3010 Miy 17,2004 Page 1 of 6 To: From: Date: Subject: Chair Mabusth and Planning Commission Members Ron Moorsc, City Administrator Janice Gundlach, City Planner,^^ June 17,2004 #04-3010, Theodore L. Capra, 3534 Ivy Place - Hardcover Variance, Conditional Use Permit - Public Hearing Zoning District: Lot Area: LotNVidth: LR— 1C, One Family Lakeshore Residential District ('/: acre min.) 0.50 acres (21,926 s.f.) 104 feet @ Shoreline; 101 feet @ 75’ Setback Application Stimmao>: Applicant requests the following m order to construct a new residence on an existing lot; -,r.-,c«. 1. Hardcover variance to permit 32.86% hardcover within the 75 --50 zone wnere 25% is normally allowed and 49% currently exists. 2. Conditional use permit to allow land alterations within the 0-75’ zone. Staff Recommendation: Staff recontmends denial of the hardcover variance as the project is a rebuild and should be held to the 25% hardcover limitation atrd no valid hardship has been demonsuated. Staff also recommends denial of the conditional use permit to allow grading within 75’ of the lake. The applicant can still achieve a walk-out style home without requiring the extensive grading. Pertinent Zoning Ordinance Sections t n i a t o Sec. 78-282. Lakeshore hard cover and land alteration regulations. In any LK-lA, i,K- IB LR-IC or LR-lC-1 district, within 75 feet of shoreline, there shall be no excavating, filling, hard cover, temporary or permanent stnictures except as permitted under section 78-281. Within 75 to 250 feet of the shoreline, there shall be no greater than 25 percent hard cover Within 250 feet to 500 feet of the shoreline, there shall be no greater than 30 percent hard cover. Within 500 feet to 1,000 feet of the shoreline, there shall be no greater than 35 percent hard cover. Sec. 78-1288. Hard cover limitations. (a) No hard cover or imper\'ious surface shall be placed, located or constructed within 75 feet of the ordinary high water level of any lake or tributary, except for stairways, lifts, landings and lockboxes as regulated elsewhere in this Code. 1 im-mo May 17.2004 Page 2 of 6 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. Section 78-1286. Topographic alterations/grading and filling. (b) Grading, filling or excavating of more than ten cubic yards is prohibited within 75 feet of the ordinary high water level of the public waters enumerated in section 78-1217. Grading, filling or excavating of ten cubic yards or less shall require city staff review and permit and be subject to other pertinent sections of this chapter (addressed in the conditional use permit section of this report). List of Exhibits Exhibit A — Applications Exhibit B — Hardship Documentation Form Exhibit C - Existing Survey Exhibit D - Proposed Survey Exhibit h - Hardcover Calculations Exhibit F - City Engineer Cornments Exhibit G - Front & Rear Elevations Exhibit H - Floor Plans Exhibit 1 - Adjacent Property Owner’s Acknowledgement Form Exhibit J - Photographs Exhibit K - Property Owner’s List Exhibit L - Plat Map Background The applicant has met several times with Planning Department staff to discuss construction of a new residence on his existing lot. The Planning Department has advised the applicant that new construction has consistently been required to meet all standards established by the Zoning Ordinance, including hardcover. The applicant has attempted to work with staff to determine if any hardships exist to warrant approval of hardcover in excess of 25%. LOT ANALYSIS WORSHEET Lot Area/Width LR-IC Lot Area Lot Width Required 21,780 s.f (0.50 acres)100’ Actual 21,929 s.f. (0.50 acres)104’ @ Shoreline 101’ @75’ Setback 1^04-3010 May 17, 2004 Page 3 of6 1 Mruciurai v^overa^c_________________ Total Lot Area Total Structural Coverage 21,926 s.f. (6.50 acres)Allowed; 3,289 s.f. (15%) 1 Proposed: 3,208 s.f. (14.6%) riaracovcr Hardcover Zone Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover 0-75 6,978 s.f.0 s.f (0%) 320 s.f.* (4%) 0 s.f. (0%) 75-250 14,948 s.f. ^ ^ m m t A * 3,737 S.f. (25%) 7,032 s.f.* (49%) 4,676 s.f. (32.86%) Hardcover Variance ... „ . u -n. The applicant is proposing to tear down the existing house and rebuild. The existing house has approximately 7.032 s.f. or 49% hardcover within the 75 ’-250 ’ zone. The applicant is proposing to remove approximately 2,356 s.f. of hardcover, although is still requesting a variance to permit 4,676 s.f. of hardcover, or 32.86%. Also, the property currently contains 320 s.f. of hardcover within the 0-75 zone or 4/o (the rock wall at the shore does not count towards hardcover). The applicant is proposing to remove this hardcover and comply with the 0% hardcover standard for the 0-75 ’ zone. ^04-3010 May 17. 2004 Page 4 of 6 Hardship Statement Applicant has provided a brief hardship statement in Exhibit B, and should be asked for additional testimony regarding the application. Hardship Analysis In considering applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of 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 no valid hardships inherent to the land exist to warrant approval of the hardcover variance. The lot meets the Vi acre area standard as well as the width standard. The applicant has proposed 3,208 s.f. footprint leaving only 349 s.f. for allowable non* structural hardcover, which would work under most circumstances however the applicant has proposed an attached, 3-stall + garage. If the applicant were to construct the garage at the road, 1,368 s.f. of hardcover for a driveway would not be necessary. The Zoning Ordinance specifically addresses detached garages for lakeshore lots and reduced setbacks to allow for minimal driveway. The Plattning Commission has consistently required that properties meet all standards, including hardcover, when a property is being rebuilt. Conditional Use Permit The applicant has expressed his desire to “even out" the grade on the lake side of the home. In doing this the applicant has proposed grading all the way down to the shore. This in part has to do with the applicants proposed walk-out style home but also an attempt to remove the existing retaining wall that a previous owner constructed in an attempt to create a flat area for a garden. The grading proposed on site will consist of a substantial amount of fill on the street side of the home, which doesn’t require a CUP unless it exceeds 500 cubic yards, and also the grading on the shoreline side which does require a CUP. The City Engineer has reviewed the proposed grading plan and his comments are attached as Exhibit F. Below, the proposed grading within 75’ of the shore is reviewed against the conditions established under the Shoreland Overlay District; Conditional uses allowable within shoreland areas shall be subject to the review and approval procedures and criteria and conditions for review of conditional uses established in the Zoning Ordinance. The following additional evaluation criteria and conditions apply within the shoreland overlay district; (1) Evaluation criteria. A thorou^ evaluation of the water body and the topographic, vegetation and soils conditions on the site must be made to ensure: a. The prevention of soil erosion or the possible pollution of public waters, both during and after construction; jl04.3010 Miy 17, 2004 Page S of 6 Because the applicant can achieve a walk-out style home without grading to the shoreline, the possibility of the above criteria can he avoided. b.The ''isibilily of structures and other facilities as viewed from publu waters is limited; From staff's perspective, the proposed grading will not make the proposed home any more visible from the lake than the existing home. The applicant is proposing to merely even out the grade. c.The site is adequate for water supply and on-site sewage treatment; and This site is served with public sanitary sewer. d.The types, uses and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watcreraft. N/A. The applicant will continue to use his lakeshorc for personal boat storage and lake accessibility. Conditions attached to conditional use permits. The city council upon consideration of the criteria listed in subsection (1) above and the purposes of the Zoning Ordinance, shall attach such conditions to the issuance of the conditional use permits as it deems necessary to fulfill the purposes of the Zoning Ordinance. Such conditions may include but are not limited to the following: a. Increased setbacks from the ordinary high water level. N/A. b.Limitations on the natural vegetation to be removed or the requirement that additional vegetation be planted. TVte existing vegetation on the lake side of the home consists mainly of underbrush. Should the Planning Commission determine that some amount of grading on the lake side of the home is appropriate, additional vegetation implementation could be required. c.Special provisions for the locations, design and use of structures, sewage treatment systems, watercraft launching and docking areas, and vehicle parking areas. The applicant is proposing to remove the shed located at the lake in an effort to reduce hardcover. Issues for Consideration , , • « 1. Does the applicants desire to have an attached garage create a hardship. 2. Can a lakeshore property handle a 3-stall + garage? M04-30IO May 17.2004 Page 6 of 6 3. Would it be inconsistent to grant a hardcover variance when the property meets the required area and width? 4. Should the applicant be allowed to grade all the way to the shore when a walk-out style home could be achieved without the grading within 75 ’ of the lake. 5. Are there any other issues or concerns with this application? Staff Recommendation City of Orono Variance Application EXHIBIT A Street Address: 2750 Kelley Parkway Orono, MN 55355 Application P 0^1""^/O Dale Received: UflAiO^f Amount Paid; UbO£> ■ £> C Main; 952-249-^600 fax; 952-249-4616 Mailmg Address: . P.O. Box 66 Crystal Bay, MN 55322-0066 Staff: Fee:5600 Renewal; S300 After-the-fact; 51,200 Dcub'e Fee wirnotTe'"pTaced pTanninrCommtrsionlg''end^ PROPERTY INFORMATION: ^ Site Address: PlPlLo Property identification Number (PlN)f <4.0.- CC^\^l(■'(ujjciiy lucmmuaiiwiI ihjihu »wi x* t-.j (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: IS Residential Q Other Zoning District: -I __________ applicant INFORMATION: (Complete legal names and marital status required for each interested party) Name: •^-X\A^X:>r>oeL^ I-•__M.6^ Address; //r.)'f'0 A-uL ^ Email: /-O//A________________________Fax; OWNER INFORMATION; (Complete legal names ar.d marital status required for each interested party) Name: _____THH-iX-Cfc C _____ :^r..ns: Phone (home); 7 •• Kh>i-none i^nomej. ,x. ■_ Phone (work);-7(^3 ::2^j:Sk^'9.£— DESCRIPTION OF REQUEST: Estimated Project Cost: $b00^ Describe the request in detail (attach additional sheets if necessary). ~—; _v"' j\ Dt.Ji'lhCL\.^h V I & VIW) Cr" ll^X;^^&l I HL-—.“J ... P- fc ^ 0^' f—■^“TUNOF ufe; KPi^r.C.>0&^ r . LOt- COc^LjS .rTp,___---- H ^-p TO 7o ._ 6^ MAg/g^atTVfj^ I' t •4 V-’a 1 if-- LL^ REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. □□□□ n N/^° □□ Pre-Application Meeting Form, completed by a City Planner. Completed Application Form -ion Completed Hardship Documentation Form ' Certified Property Owners List - owners within 150' cf the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County De partm.pnt nf pinam-o Government Center, A-603 300 South 6‘'’ Street, Minneapolis, telephone fS 12-348-5910 ^^5 Original Certificate of Survey (signed by a licensee surveyor), meeting ail 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 witnin the variance packet). Topographic survey - including existing and proposed elevations. Provide one copy 8.5" x 11" u' 11" X 17" for reproduction. Sketches or plans of floor and elevation views (provide cne 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 Plannina Department, agrees to pay additional fees (staff time not cove:ed in the original fee payment) and/o'r 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 denial of the request regardlej^ of its potential merit. ■^Applicant’s Signature; A/j^jrxy Applicant’s Signature:/ Date: Date:W-Sd -t OWNER’S ACKNOWLEDGEMENT: The owner hereby acknowledges and agrees to this application and further authorizes reasonabk entry onto the property by City Staff, consultants, agents. Commission & Council Members fo purposes of investigation and verification of this re Owner ’s Signature; v (, ■ Owner's Signature: _______________________ Date: Date; c? /- Applicant must have all submittals into the City offices 25 days before the Planning Commissic Meeting. Planning CorT.mission Meetings are normally held on the third Monday of each mont Applicants must be present at all scheduled review meetings of the Planning Commission ar Council. If an applicant is unable to attend a scheduled meeting, please make arrangements have an authorized representative attend in place of the applicant and advise the cTty Plann assigned to your project. .•7 H T: u u o 4 4.1 &! i Cr.'l ^ City of Orono Pre-Application Meeting Form (This form is to be completed by a City Plc.nn er during your pre-appl.c.ation meeting /)_ ?S3rMNS5323.0066 PC Dat6. ^ Main; 952-249-4600 Fax; 952-249-4616 ........... ........ cr . )i/r\ 6^ ® complete ptoposalinform them of the piocldures and requirements of the city code, and identify polices or regulations that create opportunities or problems for the proposal. PROPERTY INFORMATION; Zoning District; UL-IC^ Size of Property; __^ ------ DESCRIPTION OF REQUEST; „ ^ e. .s. m er,hm» VcrW :........................ fin ____________ —------------ ----------------------------------pU‘> ADDlicant’s^^ HARDSHIP; Applicant has received the Hardship Documentation Form Initials; *7understands it as it has been explained to them, and is il must be completed and submitted in conjunction with their formal variance application. I 4 OTHER INFORMATION; ■‘Please noto: Your variance application will NOT be accepted without a pre-application meeting during which this form wilp^complied by Cit^vayf . » ■Vate;Applicant Signature; ^ -§4 “ t'V i-i i J c/ \ *-• '•rl • V r-h EXHIBIT B Page 1 of 3 HARDSHIP DOCUMENTATION FORM This form Is a required submittal for ALL variance applications. An application wni not be considered complete or placed on any meeting agendas unul this form is complete and submitted to the City, statue Section 394.27, Subdivision 7 requires that a hardship be domonsuated in order for a variance to be granted. The hardship must be umque to the property as variances run with the land and not the land owner. situations are not considered valid hardships. In order for an ^PPl'cation .o be hco u by the Planning Commission and City Council a hardship having merit must be demonstrated. basis City staff uses to determine I' | bbrdship exists alld how the variance will affect the surrounding communrty. 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 varSnee is justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of these hardship criteria as they relate to the request (some may not apply); 1.-The property in question cannot be put to a reasonable use if used under 2."The plight of the landowner is due to circumstances unique to his property not created by the landowner.’’r ( KX~TV-Vt(LiVt CAa.Sir\2L T!frpyAC%r r^>A^PrX):) -THBT t^ CDg^l^. r C , T |4 t:. I vS. A >77 ro r) hv T<7aV\^ c •The variance, if granted, will not alter the esse.nLal character of the locality^ \T tOiUL fven PrLT«L-g- iro IVW XT ^^4^Vl^.^■LO |t'Vl4-AA>Ccj^__ilL--------------------------------------------- 4."Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter.* (Mtri APPuCA6 l £____________________________________ J±€^r\ I•fr 'i. S Jl . 5. 7. 8. Page 2 of 3 *Undue hardship also includes, but is not limited to, Inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes. Section 116J.06, Subd. 2, when in harmony with this Chapter." "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person's land is located." f\S<\rOO' DrJuU LA.Ss^ or- _______ \ A Tl 0 fU-jr P IV T ■ "The Board or Council may permit as a variance the temporary use of a one-famity dwelling as a two-family dwelling." A//A — "The special conditions applying to the structure or land in question are peculiar to such property or immediately acjoining property." Mr, __________________________________________ 9. "The conditions do not apply generally to other land or structures in the district in which said land is located." AX> 10."The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." —^---------_J-------------------------------------------------------- 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 Zcninq CO^'l'cOT- c..: J u > • • • .«* ' I. ; v:.. /;viS. -t f if'\\ 'V.. V Page 3 of 3 12. /,! ^ ^ H *. ;zz Yi^<rO op >1^ n(^.orO D UV<'T~Hrd!l.CII ------- fv p/£oc>(-‘c-n^- Should you feel the hardship cannot fully be described in the above cnleria, describe the unique hardship, practical difficulty or unusual property conditions preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if IPfiOp^'7'=r‘A. “IM'r. tL)Av\ IT <^1^.7.::^—^ o.^cv -ti-At l./^) L u't\-Lii_o rcA^ D<rtoK) ot. !•> 6^<?A6e^, fVc-S>^r\r LU^— LO C A n Lo f-T 6VV- rZoV0_/ UO ui^vu UCf> 7.ri.. P?U w^V-Q-l x^tX- A-TTg^r>i4 -> 6A/?Ar^f .Vy CM\nC) rv^^ v-u nVonn t-.. lut^ 1 C.hl - l-O c-u-<vA^. Thsi^ A»i->«d r I —rvAifOi^ ^Ki.s—tv —^•■fVi‘N>^(!^.C£iZ TU V I6./c/a tv < rv>.t..Air)(3U ^LJ-\"_________________—----------irr:-------- ^ D^rvcirj^ r^no auail AP^U l ^ V........A9 ty 1<7 <;•> yyn> I>>r c \ c SH-0ui^^u\ ori^OtcvrY^T>r^A *.;C. -1J ••U: />• A V'. c.- *. «•. V.\ (»•••• Ml EXHIBIT C V*v.Vv;fvi 37'£ .93* 'k " ‘i ' REVISIONS i»<oi oATt r CERTIFICATE OF SURVEY SURVEY FOR: Ted C apf EARDCOVE, SETBACK ZONE: (CIRCLE ONE) CULATION WORKSHEET 75-2S0' 250~S00‘ KXIUTING nARDCOVFff TN ZONE A. House •_________— X X X B. Garage C. Driveway X X D. Sidewalk X E. Patio/Deck X X F. Landscape Underlain ---------------------- By Plastic Or Fabric X X X C. Other PROPOSED fiA ZOl^E A, House_______—-------- Length X X X E. Garage C. Drive>vo}»X X D. Sidnmlk X X E. Patio/Dcck X X F. Landscape Underlain By Plastic Or Fabric X X X C. OOier EXHIBIT E SOO-IGOO* S.F. Wid-Ji O S.F. S.F. S.F. s.t: S.F. S.F. ss SB S.F. S.F. S.F. S.F. 92^S.F. S.F. S.F. S.F. total HARDCOVER JS ZOhm - TOTAL PROPERTY .4REA IN ZONE T X 100 •~gr2 fe— S.F. S.F. WidtH S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.t. S.F. S.F. S.F. S.F. S.F. S.F. total HARDCOVER IN ZONE - TOTAL PROPE^^AREA INZOJVE ^ S.F. xIOO A S.F. ■ % B 74 iiiiliiitt ‘ { I A HARDCOVER CALCULATION WORKSHEET SETBACKZONE: (CIRCLE ONE) 0-75' /i5^250^> 250-500’ EXISTING RARDCOVER IN ZONE A. House •____________ Ltngth X X X B. Garage C, Driveway X X D. SidesvQlk X X E. PatiofDeck X X F. Landscape Underlain By Plastic Or Fabric X X G. Other PROPOSED HARDCOVER IN ZONE A. House __________ -- Length X X X B, Garage C Driveway X X D. Sidewalk X X E. PatiofDeck X X F. Landscape Underlain By Plastic Or Fabric X X X a. Other 500-1000^ S.F. Width S,F. S.F. S.F. S.F. S.F. S.F. \0A^S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. TOTAL HARDCOVER IN ZONE - TOTAL PROPERTY AREA IN ZONE *7 ©32. S.F. + B f 4^2.^ jr 100 S.F. 9o S.F. Width S.F. S.F. S.F. S.F. S.F. S.F. asfi S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. total HARDCOVER IN ZONE - total PROPERTY AREA IN ZONE , .- 1 B CM >ai Bonestroo Rosene Anderlik & Associates Engineers & Architects 2335 West Highway 36 • St. Paul. MN S5H3 Office: 65I-636-4600 • Fax: 6S1-636-I31I www.bon9Stroo.com EXHIBIT F June. 14,2004 Ms. Janice Gundlach Planner City of Orono Post Office Box 66 Crystal Bay, MN 55323 Re; 3534 Ivy Place File No. 139-04-000 Plat No. 04-3010 Dear Janice: We have reviewed the plans for the proposed improvements to 3534 Ivy Place. The proposed improvements include removing an existing residential home and garage, constiucting a new home and regrading the entire lot. We have the following comments with regards to engineering matters; • The proposed grading plan shows a swale along the south lot line that will convey drainage onto the neighboring property to the south. Plans should be revised so storm water is conveyed around the house on the subject property. • The plans propose to regrade the slope between the new home and the lake. This does not appear to be necessary and should be strongly discouraged. Any grading within 75-feet of the lake should be avoided if at all possible to preserve the stability of the slope and prevent erosion into the lake. • The grading plan should be revised so that swales are incorporated along both the north and south sides of the home. This may require relocating the home to provide adequate room to construct the swales. • The revised plans should include existing contours and topography both on the site and extending to at least 50-feet beyond all lot lines. If you have any questions please call me at (651) 604-4363. Yours very truly, BONESTROO, ROSENE, ANDERLIK &. ASSOCIATES. INC. Tom Kellogg Cc; Greg Gappa, City of Orono • St. Paul. St. Cloud. Rochester. U/llimar. MN • Milwaukee. Wl • Chicago. IL Ac:icn/EquH OpportunUy lmploy»r »nd Employee Owned t UKE •ea-ev^•T•o-l ^^APfi>A 72.6^1 o^/0^i«e^ ^5-3 4 IV^V VV^y2ATA ' •arS CVJ 2: •> •> -srP^eer s-i«<? e-L-Sl/AT cd k-4 H O 4 I 62><^ pofZ'^H 37-o3 T oT^L — -Z l-O w Xa 00 H-« H « MliiMiaiili i^oatz adjacent property OWNERS’ ACKNOWLEDGEMENT FORM I (we) C-AI^ C ai ;;(_<5-_______of EXHIBIT I (print name(s)) (print address) have reviewed the ^lans for the proposed improvement or proposed use of the property located a* 35*54 XUV >^Li^£ also referred to as Land Use Application No. ---------------. I (we) understand that in executing this acknowledgement. I (we) am (are) not a^ed 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 neighbors projec. or use reduires Council arorovai. I'i P rdperty-©'««^r^^Date^ / Property Owner Date I (we) ‘^'^*-’1., •!' ^ ^ L (print name(s7)^ Z, A-vJ [print address) have reviewed the plans for the proposed improvement or proposed use of the property located at J>(.y • also referred to as Land Use Application No.----------------. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to oeclare 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. Property Owner q SIT 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. ’Is *1 • ;irv<.F ftipM r.AKf ‘’■■y in ‘ V.rv % li^iWP‘-4v I. m tj ' *__ ^ % * #1 / •^H'.v-. > ...\v..Nr>!P ^'T H K^-^^V'A'F: i-Ki j • •^rlsf ; . ..Y- 1 ' r' i m .' -a- fT—,ilx itvi ...MaiWt)W>rvta5g5gBt^m S,-^I, r . -* . _ w t.fcV-v^; E2®!^Sv’'*:^. SILTS' ii!s»:',v^<5a V- -.^'.i''’’^^^*;^.*',;5 <’ST!i\n\^ “ ' ■• f f:^^' T' - -.wv^.'i '"fi’ l‘ > \^ \''tvJF. p ;irA.p i. W-: m ' -‘"r^-*', V . -5 - ■ i,-f V k < V t i. !»--i4 t •* ^ • * -V •. *• ^ • • • - ■ -rt ' ♦ w-v- * - » • » *•• •.•.. . '. t .«‘ - « - •... >k-' ^ /■ * • - ♦ ^ •i Ifc* «^« *" • *V 7- * - % •' ' ■* vV “ • . . • »•• /• : •r< .»V* .* ? ->•"■;• -^ 4. ••' i/% 1< *1' -1 •-«*'’ ^ J - * ' ^ ■ «< - ,v.‘—'. ^s.' -.S.:44•'*-■• V -n. • --e' 7 • '«. \\ •■ I ■/* y K. 7^S 1 1 •-» • < - 'i'i **•*0*. ^ ^-' ► V '- -*4* > L\ -- *4% -i .U O'. . >rfVj»rr^' , ^ - t I ^s3 “ ?fck"%v'’^|Sip^?"i.Mik'^smssti^f it^ RUNDATE:-. OW 38 101I7234200I6 Sr ^ 38 7011223420019 rROPAOOR CAPRA OWNERNAP'S TAWAVEK TfX-*'^ PROP AODR OWNERNAME taxpayer NAME/AODR 31 2011223420033 3532 IVY PtOACADLEftSMCABLE CARY A* SUSAN M CABLE 3532 IVY PL WAYZATAMN 55J9I 38 2011723430054 PROP ADDR ^ mark PFLECHAAR „»me/add « (lENNEPlNCOWnVPm information system ,<s Lisr 39 201172)420017 PROPADOR 354EIVYPL °Xvr'cSoPYLE NAME/ADDR WTAMN 55)91 38 20n7 ’3n200»« OmIe^NAME MEDEAZANAMDRAMd rr M..yEA«»«EEO«AZAN „.„«adde 3,„, PROP AODR OWNER name taxpayer name /ador 38 201172)470027 1516 IV.’PL j A S WHITEJAMES-4 A SHERRY D WHITE 1516 IVY PL WAYZATAMN 55391 38 201177)420029 taxpayer name /addr 3525 IVY PI. WAYZATAMN 55391 18 JOI1723420034 PROEAME ’'*’";l''„F,»AOA»DERRy .eferevaoee ^dapseerv 38 201172)4200)5 B 0 LINOCREN a E a LINDGREN HAME/ADDR j5)„ taxpayer name /aodr no LINDGREN AE a UNOCREN 35)5 IVY PL WAYZATAMN 55391 ■ cert ,FYIHATT® facts Rff^^NrEOAHEAN^^^^ SFMvSEDGEANDBEUEF.^^^^y^^j.pY PACE: I. I ff 4' .• V '• if ■l!: 4 • ‘ X ( «' i ^ •> CO ►-4 H EXHIBIT L znnepin . s •, ^ Hennepin County ■ ■■ - ^ ^ ■ lai^eht ■ - v<;: Wi *. >i\ Taxpayer Setvices Department dm M PO* NOV 6 2004 DATE: November 5,2004 ITEM NO: REQUEST FOR COUNCIL ACTION CITY OF CRONO Department Approval: Name Ronald J. Moorse Title City Administrator Administrator Reviewed: Item Description: Donation from Bonestro<^ Rosene, Anderlik and Associates Agenda Section: City Administrator's Report Bonestroo, Rosene, Anderlik and Associates, the City’s consultant engineering firm, has donated $275.00 to the City, to be used, at the Council ’s discretion, for the City’s park and recreation goals. COUNCIL ACTION REQUESTED Motion to accept the donation from BRA Associates in the amount of $275.00. J h DATE: November 5,2004 ITEM NO: j REQUEST FOR COUNCIL ACTION ..'-r-riMG NOV ft 2004 aiYOfORONO Department Approval: Name Ronald J. Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator ’s Report Item Description: Consideration oV the Refunding of the 1997 Sewer Bonds Attached is information from Carolyn Drude, the City’s Bond Consultant, regarding the refunding of the 1997 sewer bonds. The information shows that the refunding would save an estimated $52,600 over a period of eight years. This savings is net of all costs of issuance. Tlie Bond Consultant has indicated these savings are sufficient to merit moving forward with a refunding. If the Council decides to proceed with the refunding, it is necessary to authorize City staff to work with the bond consultant to solicit proposals for the sale of $1,125,000 General obligation Improvement Refunding Bonds, and report the results to the Council for consideration at its meeting of December 13,2004. COUNCIL ACTION REQUESTED Motion to authorize City staff to work with Ehlers and Associates, Inc. to solicit proposals for the sale of $1,125,000 General Obligation Improvement Refunding Bonds, and report the results to the Council for consideration at its meeting of December 13,2004. -*.*w'i* 1 Vik. J EHLERS & associates INC November 4,2004 Tom Kuehn City of Orono Finance Director P.O. Box 66 Orono, MN 55323-0066 Re: SI,125,000 G.O. Improvement Rcfimding Bonds, Series 2004 Attached are schedules which indicate the City might save an estimated $52,609.20 over a period of 8 years by rejRmding the G.O. Improvement Bonds which were issued in 1997. (Please see page 4 of the attached material.) This savings is net of all costs of issuance. As you know, municipal bond interest rates are cunently very favorable, and this transaction can be done as a “current” refunding which means that the 1997 bonds can be retired as soon as 30 days notice is given to the bondholders. Payments on the “new” issue wiU replace those on the 1997 issue beginning after February 1,2005. We have discussed holding the competitive sale of the refunding bonds at the regular Council meeting, December 13, If the Ouncil wishes to proceed witii this schedule, an appropriate action at the Noveinber 8 meeting would be "to authorize city staff to work with Ehlcrs & Associates, Inc. to solicit proposals for the sale of $1,125,000 General Obligation Improvement Refunding Bonds and report the results to the Council for consideration at its meeting December 13,2004.” Please call wifo any questions you might have. Sincerely, & ASSOCIATES, INC. Carolyn Driide Executive Vice President/Direclor attachment leaders in public finance C5wl1 O#0Ortjritf e«p!Sft^ el ^nltofAdtM Puttie f«eieee Aea>ieri 3060 Cciitf* PoinlB OrWe, R«IS»!I!e. MN 5SU3'U05 65J.697.6600 6J1 697.65SJ tnUM-.nt ecm 7 'ON SBiVIOOSSV V Sli31H3 'AOfi City of Orono, MN $1,700,000 Genera/ Obligation Improvement Bonds Series 1997 Prior Original Debt Service PrindoaL SSLSS!L JCtUuL Total FlaealTotiL oa/01/2003 06/01/2006 02/01/2006 06/01/2006 02/01/2007 06A>1/2007 02/01/2006 06/01/2006 02/01/2000 06/01/2000 02/01/2010 06/01/2010 02/01/2011 06/01/2011 02/01/2012 06/01/2012 02/01/2013 115.000. 00 120.000. 00 125.000. 00 130.000. 00 140.000. 00 148.000. 00 m 155.000. 00 160.000. 00 61,090,000.00 4.650% 4.750% 4.875% 4.950% 6.050% 9 5.100% S.150% 5.200% 27,171.86 27,171.66 24.426.13 24.496.13 21.648.13 21,648.13 18,601.25 18,601.25 15.363.75 15.363.76 11,648.75 11,648.75 6,151.25 6,151.25 4.160.00 4.160.00 27.171.88 142,171.88 24.496.13 144.496.13 21.646.13 146.648.13 16.601.25 146,601.25 15.363.75 155.363.75 11.648.76 156.846.75 8.151.25 163.151.25 4.160.00 164.100.00 169.343.76 166.996.26 • 168.296.26 167.202.50 m 170.78750 • 166.697.50 171.302.50 • 168,320.00 Yield Statisdes Avaraga Uts.•eetaaa******9l«eO*«*»*«*****..................................... •••••eeeeeeef^e**** ..................................4.924 Yaatt 4.924 Yaars Watghled Avafaga Maturity (Par Baala) Avaraga Coupon «.•••••••••••••••••••••••••••••* .. ... . ... . . . . . . . . ... . . . • »•••»••••••••*•*. . »»««eeeeeeeeee eee 4.6992475% Rotundine Bond IntornMtton Rfhifidino D^tsd ................... Refunding DaBveiy Dana ____:=izzz:.=z•#«*••••••eo•eee $^fr$i,TtQnooi"<pf»'» > »watgw/wr09g i ta/iaooa* / Ehlers & Associates, Inc. Leaders m Public Ftoianca since 1855 Pagal r a I rLf\r *A4I SBlVlJOSSr 1 SU'iHl___ \ $1,760, city of Oronot MN Propos9d Cumnt Refunding of General Obligation Improvement Bonds Series 1997 Debt Sendee Schedule : ci»»r_______tmau-----------isalf:!!--------- SSISS '• • • ^tSiO\l2DOT oeuMt. i<t999S0 140.932.SO 162,065.00 SSIZ • SSI 135,0M.«> 2.900* 12i11« >«*''•?! niuni/9fna • • 10,253.75 10,253.75 SSZ; 145,000.00 3.150% 10.m7S 1S5^3.7^ 165.507.50 OSfOt/aiO • • iSo’oTOOfl 10092000 ■ • .00,<*..00 o.«»* o.«,« '«■«>« - • 2.828.75 ^.b^b./d 0SWD1/M13___________1S5.000.00________3-650%___________2.620-75___________157,829.75__________160,657.50 Total $1,125,000.00 • 5175.317.08 51.300.317.00 ^ Yield StaMsIies . . . . . . . . . S5.437.S0Bofid Ys^f .. . . ... . . . ... . . ...... . . . . .. * Ycafs Av«riQ8 .. . . . . . . . . . . . . . . 3.2242222% Avoragc Coupon..................................................................................................................................................... Noi Intoroct Cost (NIC)..........................................................................................................*............................ Tnio Inlofoil Cost (T*C)......................................................-............................................................................... 3 2008757% BondYiildforArbttraoaPurposes .......................................................................................................................... 30904572% AQ Inclutive Cost (AlC)......................................................................-.................................................. IRS POfftI S03S ^ 99A7909^ Net imofoil Cost ...............................................................-.........................................................................— Weighted Avoftoo Maturity................................................................................................................................- ^ mcyfoiftfVnnOk I S99QLEPURPOSE I fcmstOOd / J47^ Ehlers & Associates, Inc. Leaders in Public FInanoe tlnoa 19S5 Paaa2 i 'A fWf. m S3iV100SSV t SH31H3 mlVW tOOJ > 'AON $1,760,i City of Oreno, MN Proposed Current Refunding of K> General Of^lgation Improvement Bonds Series 1997 Debt Service Comparison 02/01/2005 02/01/2006 wovaoar OVOVTOM 02/01/2009 02/01/2010 02A)1/2011 02/01/2012 n9/nioni<i 160.967.00 160.655.00 162.665.00 159.422.80 165,80750 160.940.00 166.082.50 160.65750 169,967.08 160.055.00 162.665.00 158422.50 165.507.50 160.940.00 166.062.50 160.657.50 169,343.76 168,996.26 166.296 26 167.202.50 170.767.80 168,69750 171.302.50 168,320.00 5,356.68 8.141.26 6.43156 7.780.00 5.260.00 7,75750 5.220.00 7,66250 PV Analysis Summofy (Net to Net) Ofoai PV Debt Senlce Sevtngs ............... Net PV Cashflow Savlngi O 3.B99%(AIC). 44.700.06 44.700.08 CoMnoeney or Noundino Amount..........................................—........ Net Pte$enl Velue SenelL ................................................................................................................................................ 4.579.37 549.27945 Net PV Benefit / 51,170.966.65 PV Reminded Debt SeMcs. t4e( PV BeneDi / 11.090,000 Refunded Principal.............. Net PV Bonelit / 51 .125,000 Refunding Principal............. 4.206% 4.521% 4.380% Refunding Send Informatian RsfuntfinQ Ditsd Dsito................ fisfun^OQ Dslivs^ Osts* .......................................a,.................................................................................................... .......................................................................................................................... 12/01/2004 12/01/2004 (wcvro(Swi7ff,/iM I smirmose i lonumt i *47pm Ehlers & Associates. Inc. Leaders in Public Fbtanca since 1055 P«e4 c *j ctftf m 83iVlOOSSV t SH31H3 ___WVjniJ002‘> 'AON 3 \ DATE: November 5,2004 ITEM NO: ^ ^ REQUEST FOR COUNCIL ACTION *<r:cTlMQ NOV 8 2004 CMYOFORONO Department Approval:Administrator Reviewed:Agenda Section: Name Ronald J. Moorse IfAi City Administrator ’s Report Title City Administrator Item Description: 2005 Non-Union Employee Group Compen.sation Adjustments The following wage and benefit contribution adjustments for non-union staff are proposed for 2005: I. Pay: Increase pay ranges by 3.0% 2.Benefit Contribution: Increase the contribution level from $500.00 per month to $540.00 per month. Compensation Adjustment Criteria The criteria on which pay and benefits adjustments are generally based include the Consumer Price Index, market comparisons, and the increase in health insurance costs. 1. Consumer Price index A. Minneapolis/St. Paul Consumer Price Index: The annuali/ed increa.se from July 2003 to July 2004 was 2.7%. B. U.S. Consumer Price Index: the annualized increase from September, 2003 to September 2004 is 2.5%. 2. Market comparison a. Tlie average 2005 pay adjustment in cities in the lake area and throughout the metro area is 3%. 3. Health Insurance Premium Increase The City generally sets its benefit contribution at a level that will cover a portion of the health insurance premium increase. There will be no increase in health insurance premiums for 2005. The premiums are frozen at the 2004 rates. Pay Schedule Adjustment Based on both the CPI and the maricet information, it is recommended the non-union pay schedule be increased by 3%. V Benefit Contribution Adjustment In 2004, while the health insurance premiums increased substantially, the City ’s benefit contribution level was not increased due to budget restrictions. For 2005, although insurance premiums are not increasing, it is recommended the City's benefit contribution be increased by $40.00 per month to cover a portion of the 2004 insurance premium increase. COUNCIL ACTION REQUESTED Motion to adopt the attached resolution approving pay plan adjustments for non-union employees for 2005, which reflects a 3.0% adjustment to pay schedules and an increase in the City ’s benefit contribution to $540.00 per month. RESOLUTION APPROVING PAY PLAN ADJUSTMENTS FOR NON-UNION CITY EMPLOYEES FOR 2005 WHEREAS, the City Administrator is responsible for annually presenting pay plan adjustments for City employees, with the exception of employees covered by collective bargaining agreements; and WHEREAS, sufficient funds have been appropriated in the proposed 2005 Annual Budget to fund the recommended pay plan adjustments and such other matters of compensation as herein specified. NOW, THEREFORE, BE IT RESOLVED, by the Orono City Council as follows: 1. That the 2005 employee pay schedule; reflecting a 3.00% pay adjustment effective 1-1-2G05, is approved. 2. That the City's cafeteria benefit plan contribution be increased to $540.00 per month. 3. That City employees using their own vehicles for approved work related business shall be compensated at the rate allowed by the IRS (cunently $.375 per mile). Adopted by the Council this 8th day of November. 2004. Barbara A. Peterson, Mayor A'lT'EST: Linda S. Vec, City Clerk Page 1 of 1 m ••'“TTIMQ NOV 8 2004 CITY OF ORONO *Check Detail Register®•«rrTifsjQ NOV 8 2004 CIVY UK OHONU 11/05/04 8 38 AM Page 1 10100 Primary Cash __________ Paid Chk# 079524 Tl/2/2004 ' PANERA BREAD E 101-41410-439 Meeting Expenses Tout PANERA BREAD $494 42 11/0204 GENERAL ELECTION LUNCHES $494.42 Paid Chki 079575 *11/4/200^ DEPUTY REGISTRAR E 727-45500-550 Automotive Equipment Total DEPUTY REGISTRAR $1,293.11 11/4/04 Licensen"ax #708 $1.293 11 PaidlChiu^ ‘ 11 /8/2004 * ^ADVANCE d ImAGING SOLUfIONS E 101-41900-413 Office Equipment Rental $614 07 28663441 Copier Lease 10/15-11/15/C4 Total ADVANCED IMAGING SOLUTIONS Paid Chk# 67952f' 11/8/206r^'*7^^ E 101-41900-201 Office supplies $814 07 $562.32 155420701 Copy Paper Total ANCHOR PAPER 117^2004 ' ‘^ANOERSON/KRiSTr $562 32 PaidChk# 079528 E 101-41300-319 Other Professional Services Total ANDERSON. KRISTI $165 00 10/25/04 $165.00 CC Minutes -10/25 Paid Chk# 079529 11/8/2004 APACHE GROUP E 101-42110-223 Bldg/Grounds Maint. Supplies E 101-41900-223 Didg/Grounds Maint Supplies Tout APACHE GROUP $242 62 69162 $242 82 89162 C-Fold Tov^els C-Fotd Towels $485 64 Paid Chk# 079530 11/8/2004 ARAMARKI t&^RE E 101-41900-201 Office supplies $52 13 6013 419843 E 101 42110-201 Office supplies E 101 41900 201 Office supplies Total ARAMARK REFRESHMENT SERVICES $169 95 6013-425370 $114 95 6013-425371 Filler Coffee - PD Coffee - CH $337 03 Paid Chk#” 079531 *“l i78/2004 ’’AJ^GABRrGHTrBARBARA* E 101-41410-104 Temporary Employees Regular Total ARGAQRIGHT. BARBARA $52 50 110204 GENERAL ELECTION $52 50 Paid Chk#’ 079532' 11/8/2004 ARNOLD & RYE PRINTING E 101-41900-352 Printing & Publishing $2,863 79 6998 Total ARNOLD A RYE PRINTING $2,863 79 Fall Newsletter >aid ChK# 079533' ”'11/8/2004 AUTOMA tVc SYSTEMS CO. E 602 49450-406 Repairs/Maml-Swr lines/lifts E G01 -49400-401 Repairs/Maint-Offico Equip E 602-49450-401 Repairs/Mamt-Office Equip E 601-49400-401 Repairs/Ma nt Office Equip Total AUTOMATIC SYSTEMS CO. $1.556 49 16389 $318 90 16419 $31890 16419 $397 80 16424 Repairs - IS #9 SCADA Maint SCADA Maint Maint - Well #3 $2,592 09 Paid Chk# 079534* 11/8/2004 BAKKE. SHEILA V 101-41410-104 Temporary Employees Regular $70 00 110204 GENERAL ELECTION Total BAKKE. SHEILA $70.00 Paid'Chk# 079535 ' 11/0/2004 BFI OF MINNESOTA, INC E 101 45200-404 Repairs/Mamt-Bldgs/Grounds E 101-45200-404 Repairs/Maint-Bldgs/Orounds E 101 -41900-404 Repairs/Maint-Bldgs/Grounds E 101-45200 404 Repairs/Maint-Bldgs/Grounds E 101 42260 404 Repaira/Maint-BldgsA3roynd9 $83 01 102001307115 Solid Waste 9/2004 $69 33 102001307214 Solid Waste 9/2004 $262 16 102001307420 Solid Waste 9/2004 $76.16 102001307461 Solid Waste 9/2004 $56 18 102001347632 Solid Waste 9/2004 CITY OF ORONO 11/05/04 8:38 AM Page 2 Check Detail Register® NOVEMBER 2004 JmL Check Amt Invoice Comment ToUl BFI OF MINNESOTA, INC $546.84 (>aidChk« 079536 11/8/2004 !«»*« BIFFS INC. E 101-45200-415 Other Equipment Rentals E 101-45200-415 Other Equipment Rentals E 101-45200-415 Other Equipment Rentals E 101-45200-415 Other Equipment Rentals E 101-45200-415 Other Equipment Rentals E 101-45200-415 Other Equipment Rentals Total BIFFS INC. $199.82 W236581 Portable $140.89 W236582 Portable $124.82 W236583 Portable $62.41 W236584 Portable $62.41 W236585 Portable $258.91 W236586 Portable $849 26 ^akl Chk# 079537 11/8/2004 BONESTROO ROSENE & ASSOC. G 602-16500 Fixed Asset-Const, in progress E 402-46039-304 Engineering-Consulting G 602-16500 Fixed Asset-Const in progress E 406-48736-304 Engineering-Consulting E 402-48037-304 Engineering-Consulting G 602-16500 Fixed Asset-Const, in progress E 651-49910-304 Engineering-Consulting E 601-49400-304 Engineering-Consulting E 651-49910-304 Engineering-Consulting G 602-16500 Fixed Asset-Const in progress E 402-48040-304 Engineering-Consulting G 602-16500 Fixed Asset-Const in progress G 602-16500 Fixed Asset-Const, in progress G 602-16500 Fixed Asset-Const, in progress E 101-43170-304 Engineering-Consulting E 101-43170-304 Engineering-Consulting E 101-43170-304 Engineering-Consulting E 101-43170-303 Engineering-Retainer E 101 -43280-304 Engineering-Consulting E 101-43280-304 Engineering-Consulting E 101-43280-304 Engineering-Consulting E 101-43280-304 Engineering-Consulting E 101-43280-304 Engineering-Consulting E 101-43170-304 Engineering-Consulting E 101-43280-304 Engineering-Consulting E 101-43280-304 Engineering-Consulting E 101-43280-304 Engineenng-Consulting E 651-49910-304 Ef igineering-Consutting E 651-49910-304 Engineering-Consulting E 651-49910-304 Engineering-Consulting E 101-43280-304 Engineering-Consulting E 101 -43280-304 Engineering-Consulting E 601-49400-304 Engineering-Consulting E 415-48930-304 Engineering-Consulting Tout BONESTROO ROSENE & ASSOC. $1,639 00 $6.27372 $27930 $940.50 $484.50 $445 50 $57300 $297.00 $1,437.79 $2.294 24 $1.746 25 $3,193 08 $2.14893 $2,464.18 $445.50 $1950 $99 00 $100 00 $129.00 $129 00 $137.20 $13925 $13925 $224.58 $264.15 $129 00 $322 50 $99.00 $297.00 $198.00 $51600 $5,102 22 $99 00 $198 00 113013 113014 113015 113016 113017 113018 113019 113020 113021 113022 113023 113024 113025 113026 113027 113027 113027 113027 113027 113027 113027 113027 113027 113027 113027 113027 113027 113027 113027 112027 113027 113027 113027 113027 $33,004 14 w # * MV • - r M w"*Taid Chk# 079538 11/8/2004 BUDGET PRINTING E 101-42110-201 Office supplies E 101-42110-201 Office supplies E 601-49400-322 Postage Total BUDGET PRINTING $1262 1404 $13.99 1489 $7.47 1512 $34 08 IPaid Chk# 079539 *‘ Yl/8/2004‘ BUTTERFIELD, LOREN' E 101-41410-104 Temporary Employees Regular $119 00 110204 NLL Swr Ext-John Makay 9/04 Lee Carlson Ballfietd Trait Old LL Rd Swr Ext 9/04 Ferndale Kd Bridge Replace Fox St Bridge Replace 09/04 Homestead Rd Swr-Record Plans Dirch Lane StormSwr Nav Tower Reconditioning Casco Cove Storm Swr Garden Lane San Swr Ext Kelley Prkwy Sidewalk Ext Dickey Lake Hwy 12 San Swr Rehab I/I 3980 Dahl Rd San Swr Ext Wetland Ordinance Willow View Order Record Plans 1444 Baldur Pk Rd Surcey Council Mtgs 9/2004 1220 Tonkawa Rd plat 04-3060 3165 N Shore Dr Plat 04-3045 1625 Bohns Pt Rd plat 04-3042 1925 Lakeview Terrace 04-3007 Robert Mack Plat 04-3034 Telephone-Mileage Plots 3534 Ivy Place Plat 04-3010 1100 Town Line Rd plat 04-2989 2618 Casco Pt Rd 1740 Shadywood 1300 Spruce Place 1669 N Farm Road-Offerman 356 West Lake St 04-3051 Stone Bay Plat 02-2789 Nav Water Rehab Senior Hsmg-Review Punch List Numbers Color Copies Shipping - Water Samples GENERAL ELECTION w CITY OF ORONO Check Detail Register® 11/05/04 8;38AM Page 3 NOVEMBER 2004 Check Amt Invoice Comment Tout BUTTERFIELD. LOREN Paid ChM 079540 11/5/2004 BYERS, CAROLYN N E101-41410-104 Temporary Employees Regular Total BYERS. CAROLYN N $119.00 $56 00 110204 GENERAL ELECTION $56.00 Paid Chki 079541 11/8/2004 CARLSON. JUDY E 101-41410-104 Temporary Employees Regular Total CARLSON. JUDY $112 00 110204 GENERAL ELECTION Paid Chk» 079542 11/8/2004 CARRIER. WAYNE E. E 101-41410-104 Temporary Employees Regular Total CARRIER. WAYNE E. PaWlCliki'd79M3 " ‘ i 1/8/2004' ■* ''ce 'nTEIVOINV e 'nERGY E 101-42110-381 Gas & Electric E 101-41900*381 Gas & Electnc E 101-41900-381 Gas & Electric E 601-49400-381 Gas & Electric E 601-49400*381 Gas & Electric E 101*42260-381 Gas & Electric E 602-49450-381 Gas & Electnc E 602-49450-361 Gas & Electric E 613-49830-381 Gas & Electric $112.00 $168 00 110204 • • —m •••» • GENERAL ELECTION $168.00 $8671 $50 06 $105.98 $8.33 $29220 $90 23 $1208 $25.00 $49.02 060006750600 Gas Service 060006750600 Gas Service 060006750600 Gas Service 060006750600 Gas Service 060006750600 Gas Service 060006~’50600 Gas Service 060006750600 Gas Service 060006750600 Gas Service 060006750600 Gas Service Total CENTERPOINT ENERGY $719 61 Paid Chk#“ 079M4 ^ll78/26b4’“'ciTY 0 E 101-42110-331 Travel Expensei E 101-42110*489 Other Miscellaneous Charges E 101-42110-437 Training & Development E 101-42110-201 Office supplies R 101-39610 Miscellaneous Revenue E 101*42110*331 Travel Expenses Total CITY OF ORONO PETTY CASH . • « 4 >akl'Chk#'d79545''' l'l/8/2004'" CLAPP,“KEVIN E 101*41410-104 Temporary Employees Regular Total CLAPP. KEVIN Paid ChidP 079546 ' *11/8/2004 CONNORS. KATY E 101*41410*104 Temporary Employees Regular Total CONNORS. KATY Paid Chki 079547 11/8/2004 COSGROVE. ANN E 101*41410*104 Temporary Employees Regular Tout COSGROVE. ANN $1000 11/8/04 Parking - Gov Center $10 00 11/8/04 Alcohol Comp $5 33 11/8/04 1st Responder Training • Meal $4.25 11/8/04 Card ($5.06) 11/8/04 Overage $3 50 11/8/04 Parking 10/18 $2802 $84.00 110204 GENERAL ELECTION $84 00 $7000 110204 GENERAL ELECTION $70 00 $56 00 110204 GENERAL ELECTION $56.00 Paid Chk# 079548 11/8/2004 COVERALL OF THE TWIN CITIES E 101-42260-407 Janitorial Services $186 38 89637 E 101-41900*407 Janitorial Services $1,574.40 90510 E 101-42110*407 Janitorial Services $1,070 00 90510 Total COVERALL OF THE TWIN CITIES Janitorial • Nav Fire Janitorial * 11/2004 Janitorial • 11/2004 •.V% • r'V# Paid Chk# 079549 11/8/2004 CURTIS. MELANIE E 101*42400*331 Travel Expenses E 101-41900*201 Office supplies $2,830.78 $60.38 11/1/04 $50 00 11/1/04 Mileage Reimbursement Franklin Planner CITY OF ORONO *Check Detail Register® 11/05/04 8:38 AM Page 4 NOVEMBER 2004 Check Amt Invoice Comment Paid Chk# 079550 Tctal CURTIS. MELANIE 11/8/2004DAHLGREN'Sh^^^^ $110 38 E 101 •43290*800 Special Projects, Contingency Total DAHLGREN SHAROLOW & UBAN $2,183.13 25272 Rural Oasis $2,183.13 Paid Chk# 079551 11/8/2004 DAHLKE TREE SERVICE E 101*43000-408 Contracted Street Maint. E 101*43000*408 Contracted Street Maint. ToUl DAHLKE TREE SERVICE $346.12 10/5A34 $681.60 10/5/04 Banners - Navarre Tree Removal - Casco Pt Rd $1,027.72 Paid Chk# 079552 11/8/2004 DCA • WIRE ONLY G 101*21719 DCA/Spending Accounts ToUl DCA-WIRE ONLY $16444 10/27/04 Flex Spending 10/27 $164 44 Paid Chk# 079553 11/8/2004 DEJUTE. GREGORY E 101-41410*104 Temporary Employees Regular $77.00 110204 GENERAL ELECTION Total DEJUTE, GREGORY $77.00 "Paid*Chk#"b79554 11/8/2004 DEPT OF ADM - INTERTECH GROUP E 101-42110*311 Data Processing Communication $37 00 DV04090302 PVC Circuit - 9/2004 E 101*41900*321 Telephone $124.78 W040906 Phone Service E 101*42110*321 Telephone $53 48 W040906 Phone Service ToUl DEPT OF ADM • INTERTECH GROUP $21526 Paid Chk# 079555 11/8/2004 DOBO*8 E 101*41110*439 Meeting Expenses Total DOBOS $97.10 6390 Food - Work Sessions $97.10 Paid Chk# 079556 11/6/2004 DODGE, RACHEL E 101*41410*469 Other Miscellaneous Charges Total DODGE, RACHEL $44.14 11/2/04 Election Lunches $44.14 Paid Chk# 079557 * 11/8/2604 DOHERTY, MARY LOU E 101*41410-104 Temporary Employees Regular Total DOHERTY, MARY LOU $70 00 110204 GENERAL ELECTION $7000 Paid Chk# 079558 11/8/2004 EARL F. ANDERSON & ASSOC, E 101*43000*224 Street Maint Materials/Supply $174 20 62567 Street Signs ToUl EARL F. ANDERSON & ASSOC. ■1T/8/2664 ........... $174.20 Paid Chk# 079559 11/8/2004 EASTMAN. JENNIFER E 101-41410-104 Temporary Employees Regular Tout EASTMAN, JENNIFER $56 50 110204 GENERAL ELECTION Paid Chk# 079^ ‘l 1/8/2004 $66.50 S4ERGENCY AUfOM E 602-49450*227 Utility System Maint. Supplies Total EMERGENCY AUTOMOTIVE TECH INC $38.71 BC092304-5A Lense-Red $38.71 Paid Chk# 079561 11/8/2004 ERICSON, BARBARA E. E 101*41410*104 Temporary Employees Regular E 101*41410-331 Travel Expenses ToUl ERICSON. BARBARA E. $153.75 110204 $7.50 110204 GENERAL ELECTION GENERAL ELECTION $161 25 Paid Chk# 079562 11/8/2004 ESSENDRUP, RAYMOND E 101-41410-104 Temporary Employees Regular $56 00 110204 GFNcRAL ELECTION ToUl ESSENDRUP, RAYMOND $56 03 CITY OF ORONO CKeck Detail Register® 11/05/04 8:38 AM Pages NOVEMBER 2004 Check Amt Invoice Comment Paid Chk# 079563' 11/8/2004 EXCELSIOR FIRE DISTRICT E 101-42260-318 Fire Service! $34,375.00 11/3/04 E 101-42260-319 Other Professional Services $4,522 00 11/4/04 Total EXCELSIOR FIRE DISTRICT $38,897.00 4th Qtr 2004 Fire Service Fire Fighter Wage Reimbsment •Paia ChCl<“6795M“~' U/8«004 FARNIOK, CORREY E 101-42110-437 Training & Development ToUl FARNIOK, CORREY - 0^ V •• • • • • • $21.77 10/23/04 Meals - CSI School $21.77 Paid Chk# 079565' Tl/8/2004 FAST SIGNS E 613-49830-223 Btdg/Grounds Maint. Supplies Total FAST SIGNS $72.42 100-48399 GC Signs - Arrows $72.42 Paid Chk# 079566 11/8/2004 FITZPATRICK. JOAN E 101-41410-221 Equipment Parts & Accessories E 101-41410-104 Temporary Employees Regular Total FITZPATRICK, JOAN $10 00 110204 $164.50 110204 GENERAL ELECTION GENERAL ELECTION $174.50 Paid Chk# 079567 11/6/2004 G 8i K SERVICES E 101-42110-404 Repairs/Maint-Bldgs/Grounds E 101-41900-404 Repairs/Maint-Bldgs/Grounds E 101-41900-404 Repairs/Maint-Bldgs/Grounds ToUl G&K SERVICES $154.40 1006278241 $5765 1006278242 $65 18 1006278243 Mat Service - PD Mat Service - CH Mat Service - CC $277.23 Paid Chk# 079568 11/8/2004 GERRING’S CAR WASH E 101-42110-402 Repairs/Maint-Auto Equip Total GERRING'S CAR WASH $16.50 10/26/04 Car Wash $16.50 Paid Chk# 079569 11/8/2004 HAGBERG, ANDREW E 101-41410-104 Temporary Employees Regular ToUl HAGBERG. ANDREW $45 50 1102C4 GENERAL ELECTION $45.50 Paid Chk# 079570 11/8/2004 HAGBERG. MARIE E 101-41410-104 Temporary Employees Regular ToUl HAGBERG. MARIE $70 00 110204 GENERAL ELECTION $7000 r » 0ms » ^ Paid Ctik# 079571 11/6/2004 HANNING. JULIE E 101*41410-104 Temporary Employees Regular ToUl HANNING, JULIE Paid Chk# 079572 11/8/2004 HANSON, HAROLD R E 101-41410-104 Tempora7 Employees Regular ToUl HANSON, HAROLD R $77.00 110204 GENERAL ELECTION $77.00 $140 00 110204 general election $140 00 Patd'Chk# 079573 1U3/2004 HAWKINS CHEMICAL E 601-49400-216 Chemicals and Chem Products Tout HAWKINS CHEMICAL $2.262 39 656712 Flouride. Chlorine Corrsion In $2,262 39 -.a..*. • Paid Chk# 079574 11/8/2004 HAWN. ELIZABETH E 101-41410-104 Tempera^ Employees Regu’ar ToUl HAWN. ELIZABETH $70 00 110204 GENERAL ELECTION $70 00 PjdThTc#'’d>9575 U/8?2004 HAYDOCK. ELAINE E 101-41410-104 Temporal Employees Regular $63 00 110204 GENERAL ELECTION Paid Chk# 079576* ToUl HAYDOCK. ELAINE Yi/872bo4 henders 6n .T^et¥ $6300 CITY OF ORONO Check Detail Register® 11/05704 8:38 AM Page 6 NOVEMBER 2004 Check Amt Invoice Comment E 101-41410-104 Temporary Employees Regular Total HENDERSON, JEANETE S70.00 110204 GENERAL ELECTION $70.00 Paid Chk# 079577 11/8/2004 HENNEPIN COUNTY INFO^R TEOH DPT E 601-49400-321 Telephone 517,45 24098064 E 602-49450-321 Telephone $17.45 24098064 E 101-41900-321 Telephone $17.45 24096064 ToUl HENNEPIN COUNTY INFOR TECH DPT $52.35 800 Mhz Radio 800 Mhz Radio 800 Mhz Radio Paid Chk# 079578 11/8/2004 HENNEPIN COUNTY SHERIFF E 101-41600-309 Jail Charges Total HENNEPIN COUNTY SHERIFF $126 93 338 Booking Fees - 9/2004 $12693 Paid Chk# 079579 Vl/SfaOM HENNEPIN CC mJnTyYr ^^^ E 101.41600-309 Jail Charges $296 00 701 Rm & Board 9/2004 ToUl HENNEPIN COUNTY TREASURER-JAIL $296.00 11/8/2004 HINSHAW 8. CULBERTSONPaid Chk# 079580 E 101-42110-307 Legal-Consulting E 101-41600-307 Legal-Consulting E 101-41600-307 Legal-Consutting E 101-41600-307 Legal-Consulting E 225-45219-307 Legal-Consulting E 101-43280-307 Legal-Consulting E 101-41600-305 Legal-Retainer E 101-41600-307 Legal-Consulting Total HINSHAW & CULBERTSON ^aid Chk# 079581 11/8/2004 HOLM, ARNE S 101-41410-104 Temporary Employees Regular Total HOLM. ARNE “ii7&2bb4 hommeye ’fC ann E 101-4^ 110-104 Temporary Employees Regular Tout HOMMEYER,ANN $60.00 $371-06 $2.17200 $348 00 $26.00 $1,211.84 $1,081.44 $104,00 $5,374 34 10414319 10414319 10414319 10414319 10414319 10428227 10428229 10428231 Mike Calson Employment Issue Dan Dcmoulh/Stonebridge Violat Nelson/Caiison Vacated Oak PI Pagonis Boat Dock Violation Land Acquisition Applications Council Mtgs Sept 2004 Election Law Issue $115 50 110204 $115 50 GENERAL ELECTION Paid Chk#'679582 $105 00 110204 GENERAL ELECTION $105.00 Paid Chk# 079583 11/8/2004 HOMMEYER. CHARLES E 101-41410-104 Temporary Employees Regular Total HOMMEYER. CHARLES PairChk«‘079584*’~li/6f26o^^ H oU tMAnT KAtiEj'cT*' E 101-41410-104 Temporary Employees Regular Total HOUTMAN. KATIE JO $122 50 110204 $122.50 $77 00 110204 general election GENERAL ELECTION $77.00 Paid Chk# 079585 11 /8/2004 HOUTMAN. KRISTINE E 101-41410-104 Temporary Employees Regular E 101-41410-221 Equipment Parts & Accessories E 101-41410-331 Travel Expenses Total HOUTMAN. KRISTINE Paid’ Chk# "079586 ’l 1/8^004 HOUfMAnT S^7lEfT E 101-41410-104 Temporary Employees Regular ToUl HOUTMAN. SKYLER $138.75 110204 $10.00 110204 $7.50 110204 GENERAL ELECTION GENERAL ELECTION GENERAL ELECTION $156.25 $42 00 110204 GENERAL ELECTION $4200 Paid Chk# 079587 11/8/2004 IKON OFFICE SOLUTIONS G 101-15500 Prepard Items E 101-42110-401 Repairs/Maint-Office Equip $1 364 88 23471436 $272 98 23471436 Coper Maint 11/1/04-05 Copier Maint 11/1/04-05 CITY OF ORONO Check Detail Register© 11/05/04 8 38 AM Page 7 NOVEMBER 2004 Check Amt Invoice Comment Total IKON OFFICE SOLUTIONS 11/aJ2iX)4* ‘“rL8ErSHER(^^ $1,637.86 PaidChwT*679588 E 101-41410-104 Temporary Employees Regular Total ILSE. SHEROKEE "n/8/2004 TNfERMEbTA“^ '*" $35 00 110204 GENERAL ELECTION >ald‘ChkVf079589 E 101-42110-437 Training & Development Total INTERMEDIA $35.00 $183 88 37688 Training Videos Paid Chki'oyg'SQO Ti/e/fow' $183.88 \ • • • JELLISON. SUSAN E 101-41410-104 Temporary Employees Regular Total JELLISON, SUSAN $56 00 110204 GENERAL ELECTION $56.00 PaidChk# 079591 11/8/2004 JOHNSTON FARGO CULVERT. INC. E 651-49910-227 Utility System Maint. Supplies _ $1,537 86 135038 Total JOHNSTON FARGO CULVERT, INC. Cyfyert $1,537 86 Paid Chk# 079592 11/8/2004 JORDAN. MARDIE E 101-41410-104 Temporary Employees Regular Total JORDAN. MARDIE $70 00 110204 GENERAL ELECTION $70.00 Paid Chk# 079593 11/8/2004 KENNEDY & GRAVEN, CHARTERED E 101-43290-800 Special Projects. Contingency $144 00 63535 E 234-45680-307 Legal-Consullmg Total KENNEDY & GRAVEN, CHARTERED $8.44 63535 Dorgert Condemnation Lurton Condemnation Paid Chk# 079594 11/8/2004 KIELLEY, DON E 101-41410-104 Temporary Employees Regular Total KIELLEY, DON Paid Chk# 070595 11/8/2004 KRAUSE, NANCY E 101-41410-104 Temporary Employees Regular Total KRAUSE. NANCY Paid ChkT079596 11/8?2664*^ Ta NDBERG.I sALE ’R E 101-41410-104 Temporary Employees Regular ToUl LANDBERG. GALE R Paid Chk#'079597 ' *'Tr/‘8>20b4 ‘' LESkiNEOHELSl^^ E 101-41410-^04 Temporary Employees Regular Total LESKINEN. CHELSEA $152.44 $129.50 110204 GENERAL ELECTION $129.50 $84.00 110204 GENERAL ELECTION $84 00 $119 00 110204 GENERAL ELECTION $11900 $66.50 110204 GENERAL ELECTION #• • •• Paid Chk# 079598 11/8/2004 LONG LAKE. CITY OF E 101-42260-318 Fire Services Total LONG LAKE. CITY OF $66 50 $51,284 50 20040075 4th Qtr 2004 Fire Services $51,284.50 Paid Chk# 079599 11/8/2004 MABUSTH. JEANNE E 101-41410-104 Temporary Employees Regular ToUl MABUSTH. JEANNE Paid Chk# 079600 11/8/2004 MAC A E 101 -42110- 308 Books & Periodicals ToUl MACA PaldChk# 079601 11/8/2004 MCKEE,MELVIN E 101-41410-104 Temporary Employees Regular $122 50 110204 GENERAL ELECTION $122 50 $15 00 11/4/04 Officers Guide-MN Animal Law $1500 $64.0u 110204 general election CITY OF ORONO 11/05/04 8 38 AM Paged Check Detail Register® NOVEMBER 2004 Check Amt Invoice Comment Total MCKEE. MELVIN $84 00 Paid Chk# 079602 *1 1/8)2064 MCLEOD USA-PHON^^^ ..... E 601 -49400-321 T elephone E 101-41900-321 Telephone E 601-49400-321 Telephone E 602-49450-321 Telephone E 602-49450-321 Telephone E 101-42110-321 Telephone Total MCLEOD USA • PHONE BILLS $4295 $485.61 $23.12 $53.96 $3945 $208.12 7291697 7291697 7291697 7291 i'i7 7291597 7291 V'7 Phoi^ Bills Phone Bills Phone Bills Phone Bins Phone Bills Phone Bills $85321 Paid Chk# 079603 11/8/2004 MIDWEST ASPHALT E 101-43000-224 Street Maint Materials/Supply Street Maint. Matenals/Supply Street Maint Materials/Supply Street Maint. Materials/Supply Street Maint. Materials/Supply Street Maint. Materials/Supply Total MIDWEST ASPHALT E 101-43000-224 E 101-43000-224 E 101-43000-224 E 101-43000-224 E 101-43000-224 $29 29 $7 83 $509.03 $1.046 68 $624 43 $564 49 56910MB 57813MB 72598MB 72694MB 72728MB 72758MB Tack Dump Charge Hand Patch Hand Patch Hand Patch Hand Patch $2,781.75 Paid Chk# 079604 11/8/2004 MIDWEST FUELS E 101-43000-212 Motor Fuels & Lubricants Q 101-14101 Gasoline Inventory G 101-14101 Gasoline Inventory E 101-43000-212 Motor Fuels & Lubricants Total MIDWEST FUELS $472.13 11375 $3,570.32 11375 $3.994 06 22857 $1,310.54 22857 279.1 Gals • Diesel 1970.7 Gats-Unleaded 2109 8 Gals Unleaded 699 7 Gals Diesel $9,347.05 Paid Chk# 079605 11/6/2004 MIONONE, FRANK E 101-41410-104 Temporary Employees Regular ToUl MIGNONE. FRANK $126.00 110204 GENERAL ELECTION $126 00 Paid Chk# 079606 11/8/2004 MINNEAPOLIS OXYGEN COMPANY E 101-43000-224 Street Maint Materials/Supply $32.59 RI09040858 Cylinders ToUl MINNEAPOLIS OXYGEN COMPANY $32.59 -A , Paid Chk# 079607 11/8/2004 MN FEDERATED HUMANE SOCIETY E 101-42110-208 Books 8 Penodicals $20 00 1 1/4/C4 Tout MN FEDERATED HUMANE SOCIETY MN Animal Laws $2000 Paid Chk# 079608 11/8/2004 MUSSMANN. SARA E 101-41410-104 Temporary Employees Regular ToUl MUSSMANN, SARA $140.00 110204 general election $140 00 . a** • Paid Chk# 079609 11/8/2004 NATIONAL WATERWORKS E 601-49400-227 Utility System Maint Supplies E 601-49400-227 Utility System Maint Supplies Tout NATIONAL WATERWORKS $264 80 $13240 1772026 1780002 Hydrant Flag Hydrant Flag $397.20 Paid Chk# 079610 11/8/2004 NCPERS GROUP UFE INS G 101-21710 Life Insurance _ Tout NCPERS GROUP UFE INS $304.00 67321104 PERA Life - 11/2004 $304 00 Paid Chk#"b>961 1 11/8/2004 ^NEXflt COMMUNICATIONS^ E 601-49400-321 Telephone E 602-49450-321 Telephone E 613-49830-321 Telephone E 101-41900-321 Telephone $3322 $100.00 $46.78 $292.54 326180427-01 Telephone 326180427-01 Telephone 32618U427-01 Telephone 326180427-01 Telephone esiMhii CITY OF ORONO 11/05/04 8:38 AM Page 9 Check Detail Register© NOVEMBER 2004 Check Amt Invoice Comment E10M21 10-321 Telephone Total NEXTEL COMMUNICATIONS $816.29 506573311 Police Ceil Phones $1,288.83 Paid Chk# 079612 11/8/2004 O'MALLEY, PHYLLIS E. E 101-41410-104 Temporary Employees Regular $119.00 110204 GENERAL ELECTION Total O'MALLEY, PHYLLIS E. $119.00 'KwChkir^79613 1l78^604 ’'’oCCUPAfToN^^^ E 101*42110.319 Other Professional Servicat Tout OCCUPATIONAL MEDICINE CONS LTD fWChk# 67W14 l‘l'/W2004' ' OFFICE DEPOT E 602-49450-201 Office supplies E 101-42110-201 Office supplies E 101-41900-201 Office supplies E 101-42110-201 Office supplies E 101 -42110-201 Office supplies E 101-41900-201 Office supplies Total OFFICE DEPOT $690 00 8884-00 Pre Employment Exam-Hansen $690.00 $371.69 261229035 $179.37 261229035 $179.38 261229035 $175.57 261236790 $86.75 262123425 $86.75 262123425 Catanders • Lift Stations Office Supplies Office Supplies Film Office Supplies Office Supplies SI.079.51 Paid Chk#'079615'11/8/2004 ORONO ALLIANCE FO'R e'oU^^^ E 101.42110*221 Equipment ParU& Accessories $250.00 10/21/2004 Directories Total ORONO ALLIANCE FOR EDUCATION $250.00 TaidChkir0796i6 iT/8/2'dd4 PH'OENI x TECH'NOi^ E 101*42260*401 Repairs/Malnt-Office Equip $150 00 1923 Computer Support 10/2004 Total PHOENIX TECHNOLOGY SOLUTIONS.$150.00 Paid Chk# 079617 11/8/2004 PIONEER E 101 -41410-340 General Advertising Total PIONEER $110 00 9/1/04 Notice of Primary Election $110.00 Paid Chk#'^079618 1 f/8/2004 POLAR CHEVROLET E 227-455C0-550 Automotive Equipment Total POLAR CHEVROLET ^19.378 60 5E16268 $19,378.60 2005 Chev Sih/erado #708 Paid Chk# 079619 11/8/2004 PRAIRIE RESTORATIONS E 101-45200-404 Repairs/Maint-Bldgs/Grounds ToUl PRAIRIE RESTORATIONS INC. $125.76 94096 Prairie Main! - Fr Creek $125.76 Paid Chk# 079620 11/8/2004 PRINTUP, AARON E 101-41410-104 Temporary Employees Regular ToUl PRINTUP. AARON $56 00 110204 GENERAL ELECTION $56.00 Paid Chk# 679621 'H'/'8/2004 QWEST E 613-49830*321 Telephone $61 14 952-473*9904 Phone-GC • Total QWEST $61.14 PaTd^CFk#'079622 11/8/2004 ’^RED^EDERSON uffCi^^ E 602-49450-406 Repairs/Maint-Swr lines/lifls $640 00 810 Sewer Locate Total RED PEDERSON UTILITIES, INC ChkT 079623 ^l'l/a^004 "*“RrNEHARf.l5rX^^^^ E 101-41410-104 Temporary Employees Regular $640.00 $59 50 110204 GENERAL ELECTION Total RINEHART, DIXIE 'Pai ’Chk#*’079W^ ’lT78/2004' ""r OC c J^H oLlTs. $5950 i CITY OF ORONO Check Detail Register© 11/05/04 8 38 AM Pago 10 NOVEMBER 2004 Check Ami Invoice Comment E 101-41410-104 Temporary Employees Regular Total ROCCA, HOLLY S. $70.00 110204 GENERAL ELECTION $70.00 Paid Chk# 079625 11/6/2004 SAFETY SIGNS E101-43000-415 Other Equipment Rentals Total SAFETY SIGNS $214.60 41583 Barricades - Kelly Picwy $214.60 Paid Chk4 079626 11/8/2004 SAIKI. EMIKO E 101-41410-104 Temporary Employees Regular Total SAIKI, EMIKO $63 00 110204 GENERAL ELECTION $6300 Paid Chki 079627 11/8/2004 SAMARITAN TIRE CO INC E 101 -42110-402 Repairs/Maint-Auto Equip E 231-45650-402 Repairs/Maint-Auto Equip ToUl SAMARITAN TIRE CO INC $743.72 202361 $136 04 204487 $879.76 Snow Tires Tires Paid Chk# 079628 11/8/2004 SBC PAGING E 101-42110-321 Telephone Paid Chk# 079629 11/6/2004 Total SBC PAGING ¥charber A rsons '* $25 44 20261011041 Police Pagers $25.44 E 613-49830-221 Equipment Parts & Accessories Total SCHARBER & SONS $298 20 2043943 Gear Box Paid Chk# 079630 11/8/2004 $298.20 SENIOR COMMUNITY SERVICES " E 101-418u0-490 Contributions to Civic Org's Total senior COMMUNITY SERVICES $4.145 00 11/1/04 4th Qtr Senior Services $4,14500 Paid Chk# 079631 11/8/2004 SHERF, JULIE E 101-41410-104 Temporary Employees Regular $11900 110204 GENERAL ELECTION Total 8HERF, JULIE ?iiidChl(t 079632'■ "iV/e/aboi ’ '“STARYmBUNE $119 00 E 601-49400-201 Offtce supplies E 602-49450-201 Office supplies ToUl STAR TRIBUNE $13.98 3009532 $13.97 3009532 Subscription - PW Subscription - PW $27.95 Paid Chk# 079633 11/8/2004 STREICHERS E 231 -45650-226 Clothing & personal equ pmert Tout STREICHERS $477 07 1204249 Undercover Gun • Fischer $477 07 > % • • • 4* < t’aid Chk# 079634 11 /8/2004 SYNERGY GRAPHICS E 101-41410-221 Equipment Parts & Accessories Tout SYNERGY GRAPHICS $236 93 16387 Election Supplies $236.93 Paid Chk# 079635 l i/^2004 THE HOME DEPOT E 101-41900-223 Bldg/Grounds Maint Supplies ToUl THE HOME DEPOT $201 56 9/21/04 BuLlding Supplies $201.56 Paid Chk# 079636 11/8/2004 THORNE, MARILYN B E 101-41410-104 Temporary Employees Regular ToUl THORNE. MARILYN B. $63 00 110204 GENERAL ELECTION Paid Chk# 079637 11/8/2004 E 101-43000-224 Street Maint Materials/Supply E 101-43000-221 Equipment Parts & Accessories E 101-43000-224 Street Maint Materials/Suppiy $6300 TOrLdASTWELDlNG ($103 94) 299387 $46 94 299388 $18 99 324952 Credit - Return Argon/Co2 Oxygen CITY OF ORONO Check Detail Register® 11/05/04 8:38 AM Page 11 NOVEMBER 2004 Check Amt Invoice Comment E 101-43000-221 Equipment Parts & Accessories E 101-43000-224 Street Maint. Materials/Supply E 101-43000-224 Street Maint. Materials/Supply E 101-43000-224 Street Maint. Materials/Supply E 101-43000-224 Street Maint. Materials/Supply E 101-43000-224 Street Maint. Materials/Supply E 101-43000-224 Street Maint. Materials/Supply Total TOLL GAS & WELDING SUPPLY $6.17 443667 $597 445986 $6.17 448320 $5.97 450651 $6.17 452997 $6.17 455319 $5.97 457649 Cylinder Cylinder Cylinder Cylinder Cylinder Cylinder Cylinder $6 58 -.-r- ^ ' Paid Chk« 079638 11/8/2004 TOWARD, HELEN E 101-41410-331 Travel Expenses E 101-41410-104 Temporary Employees Regular Total TOWARD. HELEN $9.00 110204 $191.25 110204 General election General election $200.25 PaidChki 079639 11/8/2004 TRITZ, JUELLYN E 101-41410-104 Temporary Employees Regular ToUl TRITZ. JUELLYN $56 00 110204 GENERAL ELECTION $56.00 Paid Chk# 079640 11/8/2004 TWIDWELL, NANCY E 101-41410-104 Temporary Employees Regular Total TWIDWELL. NANCY $59 50 110204 GENERAL ELECTION $5950 Paid Chk# 079641 11/8/2004 UNITED STATES POSTAL SER^CE........ E 101-41900-322 Postage $2.000 00 89549067 Postage for Meter Tout UNITED STATES POSTAL SERVICE liaid oik# 079642 ■ $2.000 00 11 /B/2004 VALLEY-RICH CO E 602-494S0-406 Repairs/Maint-Swr tinev'lifts ToUl VALLEY.RICH CO $1,978.50 8761 Mam Break - Cherry Place $1,978 50 Paid Chk# 079643 11/8/2004 VEE. LIN E 101-41410-331 Travel Expenses E 101-41410-439 Meeting Expenses E 101-41300-331 Travel Expenses Total VEE. LIN $46.50 11/4/04 $80.29 11/4/04 $5 25 11/4/04 Mileage Meals • Elections Mileage $132.04 Paid Chk# 079644 11/8/2004 VERIZON DIRECTORIES E 613-49830-340 General Advertising Total VERIZON DIRECTORIES $18 20 390009410245 Directory Adv - GC $1820 Paid Chk# 079645 11/8/2004 VERIZON WIRELESS E 101-41900-321 Telephone Total VERIZON WIRELESS $192 81 3568734547 Cel! Phones $192 81 Paid Chli‘'679Si ‘6 iT/B^OcS' Wa ROUN, n Ic OLE E 101-41410-331 Travel Expenses E 101 41410-104 Temporary Employees Regular Total WAROLIN. NICOLE $9 00 110204 GENERAL ELECTION Paid'OilUl 079647*' lT/8)2664 wSWER. JANETTE* E 101 41410-104 Temporary Employees Regular Total WEAVER. JANETTE Paid Chk#'079648 1178/2004 *""wiTTKE. TONY E 101-42110-437 Training & Developrr.ent E 101-42110-437 Training & Development CITY OF ORONO *Check Detail Register® 11/05/04 8 38 AM Page 12 NOVEMBER 2004 Check Amt Invoice Comment ToUl WITTKE.TONY >aidChkl 07964'9~'^n7w WOL^rY on/WES* E 101-41410-104 Temporary Employees Regular SI 73.28 S73.50 110204 GENERAL ELECTION Tout WOLVERTON.WES $73.50 Paid Chk# 079650 11/8/2004 WRIGHT HENNEPIN ELECTRIC E 602-49450-381 Gaa& Electric $23.60 31-1300-9200 Electrical Service E 101-43000-381 Gat & Electric $30 84 31-1300-9200 Electrical Service E 101-43000-381 Gas & Electric $18 79 5015782900 Electricity Total WRIGHT HENNEPIN ELECTRIC $73 23 ‘PaldChk# 07^5^1 11/8/2004 XCEL ENERGY E 101-42260-381 Gas & Electric ToUl XCEL ENERGY $334.67 118154914729 Electriciiy - Navarre Fire $33467 10100 Primary Cash $207,582.21 Fund Summary 10100 Primary Cash 101 GENERAL FUND $150,066.53 225 PARK FUND $26.00 227 IMPR/EQUIP CAPITAL OUTLAY FUND $20,671.71 231 DRUG/FELONY FORFEITURE FUND $613.11 234 LURTON PARK $8 44 402 MUNICIPAL ST AID ST CONSTUCT $8,504.47 406 PERMANENT IMPROVEMENT REVOLVE $940.50 415 2001 SENIOR HSG TIF CONST FUND $198.00 601 WATER OPERATING FUND $4,211.01 602 SEWER OPERATING FUND $17.65403 613 GOLF COURSE $54576 651 STORM WATER UTILITY OP FUND $4.14265 $207.582 21 V CITY OF ORONO 11/04/04 7 04 AM Page 1 check register J Check Pay Check Check Number Employee Name Period Amount Date Check Status 054613 PETERSON,BARBARA 11 $323 22 11/8/2004 Outstanding 054614 MCMILLAN, ELIZABETH T.11 $269.36 11/8/2004 Outstanding 054615 MOORSE, RONALD J.11 $369.40 11/8/2004 Outstanding 054616 SANSEVERE, ROBERT K.11 $269.36 11/8/2004 Outstanding 054617 MURPHY, JAMES L.11 $269.36 11/8/2004 Outstanding 054616 WHITE. JAMES M.11 $269.36 $1.770 06 11/8/2004 Outstanding CITY OF ORONO check register 10/26AM 12 02 PM Page 1 Check Pay Number Employee Name Period 054502 DODGE. RACHEL M. 22 054583 LESKINEN, DENISE M. 22 054584 VEE. KATHERINE M. 22 054585 ANDERSON. BRUCE L 22 054506 BOBZIEN. SUE A. 22 054507 BORIS. SCOTT W. 22 054588 ERICKSON. KURT R 22 054509 FARNIOK. CORREY L 22 054590 FISCHENICH. DAN T. 22 054591 MADSON. ADRIENNE M. 22 054592 MCNICHOLS. DAVID L 22 054593 MOROWCZYNSKI. JAMES 22 054594 PERSELL. WILLIAM R. 22 054595 TOMCHECK. LAWRENCE F. 22 054596 TOMCZYK. MARKW. 22 054597 GAFFRON. MICHAEL P 22 054598 MEYER. WILLIAM C 22 054599 OMAN. LYLE E 22 054600 VANG. BRUCE L. 22 054601 GREGORY. JAMES D 22 054602 HANSEN. STEVEN 22 054603 OBRIEN. RANDY L 22 054604 PALMER. GREGORY A. 22 054605 RATHBUN, BARRY J 22 0546C6 SKREEN. DALE S 22 054607 ABRAHAMSON. FREDW. 22 054600 MCINTYRE. WILLIAM E. 22 054609 PEICKERT. GARY J. 22 054610 ROSS. JOHN A. 22 Check Amount $1,042.63 $924.17 $25539 $56545 $47.02 $1,655.50 $1.579 66 $1.666 54 $1,506.20 $795 31 $755 22 $1,691.05 $282 17 $48681 $1,370 49 $1.428 50 $54987 $262 12 $1.32353 $1.068 93 $366.44 $386 68 $745 18 $1.44292 $1,070.35 $14878 $7629 $334.16 $92.41 054611 STEFFENHAGEN. RONALD 22 $1,343 17 054612 STORK. JOHN T 22 $14678 003774 MOORSE. RONALD J 22 $2.33649 003775 SILUS, BARBARA G 22 $629 46 003776 VEE. LINDA S.22 $1.030 54 003777 KUEHN. THOMAS M 22 $1.32820 003778 OLSON. RONALD J.22 $1,161 81 003779 PETTIT. SANDRA K.22 $1,061 30 003780 ANDERSON. BRUCE L.22 $1,135 00 003781 BOBZIEN. SUE A 22 $830 00 003702 BORIS. SCOTT W 22 $20 00 003783 BUDIG. STACIE M.22 $849 26 003704 CORNICK. JAMES L 22 $1,525 74 003785 DAY.SUSAN J 22 $1,182,15 003786 DEMBOUSKI. JAY C 22 $1,697 94 003707 FISCHER. CHRISTOPHER K.22 $1,408 37 00378b GOOD. STEPHANY R 22 $1,994 94 003789 MCNICHOLS. DAVID L.22 $1.100 00 003790 RUSSETH. KYLE M 22 $1,281 18 003791 SCHOENHOFF, JOHN B 22 $1.542 71 003792 TOMCHECK. LAWRENCE F.22 $900 00 003/93 WHITE. ANTHONY J 22 $943 27 003794 WITTKE. ANTHONY A «.«b $1.567 43 003795 KLISZCZ. DAVID A 22 $173 69 003796 PHAPO. CHRISTOPHER M 22 $053 56 003797 BOLTERMAN. MATTHEW A 22 $562 38 003798 CURTIS. MELANIF 22 $1.142 84 003799 GAFFRON. MICHAEL P 22 $125 00 003600 GAPPA. GREGORY A.22 $1.01050 003601 GUNDLACH. JANICE J.22 $1,253 61 Check Date Check Status 10/27/2004 Outstanding 10/27/2004 Outstanding 10/27/2004 Outstanding 10/27/2004 Outstanding 10/27/2004 Outstanding 10/27/2004 Outstanding 10/27/2004 Outstanding 10/27/2004 Outstanding 10/27/2004 Outstanding 10/27/2004 Outstanding 10/27/2004 Outstanding 10/27/2004 Outstanding 10/27/2004 Outstanding 10/27/2004 Outstanding 10/27/2004 Outstanding 10/27/2004 Outstanding 10/27/2004 Outstanding 10/27/2004 Outstanding 10^7/2004 Outstanding 10/27/2004 Outstanding 10/27/2004 Outstanding 10/27/2004 Outstanding 10/27/2004 Outstanding 10/27/2004 Outstanding 10/27/2004 Outstanding 10/27/2004 Outstanding 10/27/2004 Outstanding 10/27/2004 Outstanding 10/27/2004 Outstanding 10/27/2004 Outstanding 10/27/2004 Outstanding 10/27/2004 Outstanding 10/27/2004 Outstanding 10/27/2004 Outstanding 10/27/2004 Outstanding 10/27/2004 Outstanding 10/27/2004 Outstanding 10/27/2004 Outstanding 10/27/2004 Outstanding 10/27/2004 Outstanding 10/27/2004 Outstanding 10/27/2004 Outstanding 10/27/2004 Outstanding 10/27/2004 Outstanding 10/27/2004 Outstanding 10/27/2004 Outstanding 10/27/2004 Outstanding 10/27/2004 Outstanding 10/27/2004 Outstanding 10/27/2004 Outstanding 10/27/2004 Outstanding 10/27/2004 Outstanding 10/27/2004 Outstanding 10/27/2004 Outstanding 10/27/2004 Outstanding 10/27/2004 Outstanding 1027/2004 Outstanding 10/27/2004 Outstanding 10/27*2004 Outstanding ■ CITY OF ORONO 10/26A)4 12:02 PM Page 2 check register Check Pay Check Check Number Employee Name Period Amount Date Check Status 003802 OMAN. LYLE E.22 $1,400.00 10/27/2004 Outstanding 003803 DEBAERE. DONALD L 22 $1,184.25 10/27/2004 Outstanding 003804 HANSEN. STEVEN 22 $77500 10/27/2004 Outstanding 003805 OBERAIGNER. SCOTT G.22 $1,068.57 10/27/2004 Outstanding 003806 OBRIEN. RANDY L 22 $550 00 10/27/2004 Outstanding 003807 PALMER. GREGORY A.22 $350.00 10/27/2004 Outstanding 003808 RATHBUN. BARRY J 22 $200.00 $62,399.01 10/27/2004 Outstanding ’*-N, CITY PROCLAMATION OF HOUSING WEEK TO BE NOVEMBER 13-20, 2004 IN THE CITY OF ORONO fr WHEREAS, wages at lower levels have not kept pace with rising housing costs, and the wage-housing cost gap has led to rising homelessness; and WHEREAS, on a given day, 8,800 Minnesotans are homeless and an additional 11,547 arc at imminent risk of losing their housing; and WHEREAS, 350,000 Minnesota households spend more than 30% of their income on housing; and WHEREAS, children make up 33% of Minnesota ’s homeless population; and WHEREAS, homeless children arc much more likely to experience physical, behavioral, and emotional health problems, be held back in school, and suffer from learning disabilities than non-homelcss children; and WHEREAS, National Hunger and Homelessness Awareness Week is Novemher 13-20, 2004;and WHEREAS, Interfaith Outreach & Community Partners (lOC'P) provided 1660 emergency housing assists to 604 households in FY2004 to prevent homelessness; and WHEREAS, “Housing Week" is a community initiative to raise awareness about local housing issues, to raise money to address housing needs, and to promote community involvement and voluntccrism. NOW, THEREFORE, BE IT RESOLVED THAT the Orono City Council docs hereby proclaim November 13-20, 2004 to be: HOUSING WEEK in the City of Orono. and does also encourage all citizens to participate in the activities assoeiated w ith Housing Week. Adopted by the City Council at a regular meeting held on November 8,2004. ATTHST: Linda S. Vcc, City Clerk Barbara A. Peterson, Mayor Paec 1 of 1