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Home My WebLink About11-22-2004 Council PacketAGENDA FOR COUNCIL MEETING SET FOR MONDAY, NOVEMBER 22,2004,7:00 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 the agenda. Memos regarding each of the Agenda items are available in the Public Packet - located on tlie counter near tlie sign in sheet “CCTIKiQ ROLL CALL NOV 2 2 2004 CONSENT AGENDA 1. Approve/Amend CITY OF OHUIVU PRESENTATION 2. MCWD Stubbs Bay Water Quality Project Presentation - Mike Wyatt APPROVAL OF MINUTES * 3. Regular Council Meeting of November 8,2004 PARK COMMISSION COMMENTS Next meeting scheduled for November 29,2004. PLANNING COMMISSION COMMENTS - Travis Winkey, Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) * 4. #04-3047 Bruce Meese & Maureen Murphy, 3135 Casco Circle - V'ariance - Resolution 5. #04-3052 Eric Vogstrom, 2618 Casco Point Road - Variances * 6. #04-3055 Dr. Martha Spencer, 1005 Willow Drive South - \'ariance - Denial Resolution * 7. #04-3056 Dennis & Evelym Bruce, 3435 Livingston Avenue - Variance - Resolution 8. #04-3057 Don Henderson, 560 Big Island - Variance - Resolution * 9. #04-3064 Douglas and Deborah lng\ alson, 3460 Birch Lane - Variance - Resolution 10. #04-3067 Lccy Construction on behalf of Dennis & Amanda Walsh, 1354 Rest Point Lane Variance - Resolution MAYOR/COUNCIL REPORT PUBLIC SERVICE DIRECTOR'S REPORT 11. Public Works Parking Lot Paving 12. Request for Payment # I Garden Court Sanitary Sewer Project CITY ADMINISTRATOR'S REPORT 13. Extension of Joint Powers Agreement for West Hennepin Recycling Commission - Resolution 14. Extension of Curbside Recycling Contract 15. Appointment of Full-Time Police OfDcc CITY ATTORNEY S REPORT 16. LICENSES 2005 Liquor License Renewals One Day Gambling Permit - Resolution AGENDA FOR COUNCIL MEETING SET FOR MONDAY, NOVEMBER 22,2004,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA * 17. BILLS UPCOMING ISSUES AND EVENTS 2004 11/18 - Council Work Session, Thursday, 5:45 p.ni. 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 - Plaruiing Commission Woric Session, Wednesday, 5:30 p.m. 12/06 - Truth in Taxation Hearing, Monday, 5:30 p.m. 12/09 - Council Work Session, Thursday, 5:45 p.m. 12/13 - Continuation of Truth in Taxation Hearing, 7:00 p.m. 12/13 - Council Meeting, 7:00 p.m. i Public Attendance Meeting D ate // • /J O U" Council □ Planning Commission □ Park Commission □ Other PLE/\SE FILLOUTTHE INFORMATION REQI ESTED BELOW FOR OUR CITY RECORDS. 6. 7.. 8. 9.. 10.. 11. 12. 13.. 14. 15. NAME (please print)ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER (Zx:. vv\ zi^)0 L ^—(_ s. 1^0^ | i((>yr W.U4ialiil«nH.t IfiiirfirtnMlvfatfc Ann4«Mt.w|t4 I RKQIJKST FOR COUNCIL ACTION DATE: Novcniher 19, 2004 ITEM NO: ^ tirr-riMQ NOV d d 2004 CMYOHOHONO l)( psu'tmcnt Approval: Name Ronald J. Moorsc TUIc City Administrator Administrator Rcvicu cd:Aui'iuia Section: City Avliniiiisti.itor’s Report Item Dc.siiiplioii: Sliibhs Hay'' Watci Quality Project Presentation 'I’lic Minnclialia Crock Watersht I District (MCWD) has been workinc wiili the City and the residents in tlie Stubbs Bey area to develop a p .m for iin|)iuving the water quality ol Stubbs Itay. ■] |iis pi.tccss has inchtded an itiitial public infoniiauoti nieetitip. a fcasibilitv sti.dy to evaluate a'tcrnatives. atid a second public itifoitnation lu-Ttinp to review the lualiifs and iccommetulations of the feasibility study. The Stubbs Bay area residents arc supptntiv. ol the rccommctidations of the feasibility study. The feasibility study i commends the construction of several seditnetitalion poi.ils in exislini^ wi llattd areas upstream of Stubbs Bay. to filter nutrients out of the water before it reaches the Bay. fhe study also rectnnmends the installation of lloatinp. .solar-powered pumps in the Ba\’ to circulate the water to reduce the alpae blooms in the Bay. Mike Wyatt and .lim llafner, oi th ■ MCWD. will pre.seni the Inuliups a'ld recommendations of the fcasibilitv studv. rOIINC:iL ACTION RI QUES I FD Mi>tio:t regarding the City ’s support for the rccomincnded water ([uallty improvements for Stubbs Bay. Stubbs Bay Feasibility Study ■ A Pfesenlation to llie Orono City Council Novombe' 8 2004 Creek Watershed District ’ Mike Wyatt and Jim Hatner Stubbs Bay, Lake Minnetonka Drainage area is predominately residential and undeveloped land Lake Surface area of 199 acres Maximum depth of 37 feet, mean depth of ; ISfTOt #-.vr Total watershed area of 1,749 acres • Classen Creek (904 acres) . Stubbs Bay Creek (507 acres) - . Unmonitored area (248 acres) 7 h i ; > •......... Ban *>W'‘ - - '-/f • ^»f ' -r*-'' j -' ' • . i r' 1Cb ' ■ "A 1 'I ■ .* I' • I .'*■ . ■ '.'; il-‘t ()lJ,ih!v I. ‘ . i ■• . , M • 'r r. MHP; J ' ' I ' . ^ «. *'■ «Jt i.' IJ ^ f ••• ; . * • I:. r’ *ig.iP > ‘O j <*•'■ , * rg,ir oloom‘, •;<> A . P',igoSoc. n dt?pth . 0 .'Q m »*^T; » r-; '>. r 1IB Swimming Classification Avomcjo Annual P Load Stubbs Bay Pbu^pbul us Load Aifiage Load[kg Pmuii Liteiaal Plio^plituih Laid %6d Atmosphfric Pbosplionis Load 61 Extfm.ll Phosplionn Lo.id :>o do Total Pbospboius Load 90S 100 Annual P Load 2020 Land Use I'H Av?nj# <6*45 ‘, 61 f. Izicrri <65 r*. Tied n't:j(»‘. Study Conclusions By 2020. residential land use will.increase to 80% of upland area - 983acres (56% of sub-watershed): 314 acres appropriate for Infiltration Average annual TP in Stubbs Bay will ' increase from 57 to 62 ug/L under 2020 conditions In-lake Improvement Options Hypolimnetic aeration Artificial de-stratIfication (i e mixing) Copper Sulfate Chemical treatment of anoxic sediments AJum p<us lime 4;:?'Fernc chlonde. with A without aeration ,, Calcium carbonate (spent lime) Calcium nitrate (i.e. RlPLbX) ■X Aluminum Sulfate (alum) Reduces alkalinity and pH (must be >6.0) ’’■) Would require 2 doses over a.25 year .0 period Sedimentation reduces effectiverwss (2 ( cm) ^ Estimated capital cost • $341,000 (1 dose) Annualized cost estimate • $36,000 (2 . ^ Annualized cost/decrease in TP ($/li0/L) -jm $2,800 . Artificial Circulation/ Iron Addition i PrcxJuce artiftcial circuialion m each layer of lake but maintain thermal stratification 5 solar powered up flow circulators evenfy^—^ spaced around the lake 4 mixing at or above the thermocline 1 over the deepest pari aerating hypolimmon Should improve habitat » Reduce sediment P release ' . Some assertions on milfoil controlmmm Artificial Circulation/ Iron Addition Estimated capital costs • $338,000 Estimated annual O&M costs - $500 Total annualized cost • $24,000 Annualized cost/decrease in TP ($/ug/L) - $1,700 , V-,. .....I Recommendations ^ Combination #13, Table -B1 • Artificial circulation with iron addition • Promote BMPs - rain gardens, street sweeping, etc • Detention pood at CLC-3 • Deepen existing pond at CLC>4 • Detention pond at SB>2 |mM ^ ^ .»i A- *rU; i ■ ■ • w-• t • ;. ■* V . - , ■' -\ ■' '. % ^>. » - : » ■■•'■ ■ External Controls Under 2020 fully developed conditions, .1/3 of area is conducive \6 infiltration Classen Creek P loera decrease downstream of CLC-3 Other ponding sites would require easements . '^■W-t-/V. .'•,1 Estimated Costs & Benefits n 1 5^.1; ■ j I m frfci ■ r» • ' %rt ^ / - r .i,U . ^-f^' W#K« »M««II MUMMt m *w ■ »»ftWl4 K <IWK y» » Hmt mmym flow rMcr«« t# Id M ac««« 9t me»t pm "'D'AD** MftliiNlUlK twcui CDtatohDA Milwi« ar* oDDtM lqMw»m»< «MrtkuMD of DVlfM MtlOrM —0 WDWDiWt Utinf ilt lolwtM for fiiMffiii Alfit Control irftli Intiko S«< llw THormocImo to Circuialt Itio (pOMinlon Onty V rntf Dftt lr^*D 1*- ^ mrnJ • **V »^v*« .A* V » -r JMOtr m» 8 r*- 7 # «• • 3« Palmdals CA 220 acre laKe Lef^omme Dieu Lc'ko, Alexandria. MN 6 acre bay off the main lake m--- iM Q&A MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 8,2004 7:00 o’clock p.m. • er-f-timQ NOV ^ 2004 CH Y OF ORQNQ ROLL The Council met on the above-mentioned date with the following members present: Mayor Barbara Peterson; Council Members Jim White, Lili McMillan, and Bob Sansevere arrived at 7:07 p.m.; Representing Staff were City Attorney Thomas Bairett, City Administrator Ron Moorse, Planning Director Mike Gaffron, Planner Melanie Curtis, Planner Janice Gundlach, Public Service Director Greg Gappa, Engineer Tom Kellogg, and Recorder Jackie Young. Council Member Jim Murphy was absent. Mayor Peterson called the meeting to order at 7:02 p.m. CONSENT AGENDA *1. APPROVE/AMEND Items 10, 11, 12. 13. 15, 16, 17, and 18 were added to the Consent Agenda. While moved, McMillan seconded, lo approve the Consent Agenda as amended. VOTE: Ayes 3, Nays 0. RECOGNITION Mayor Peterson, on behalf of the City of Orono, recognized Stephanie Grande, Volunteer Services Coordinator, for her contributions to the Orono Police Department, particularly for her efforts at designing and implementing the police web site and for facilitating the first ever Orono Citizens Police Academy. Peterson moved, Sansevere seconded, to adopt RESOLUTION NO. 5245, a Resolution Recognizing Volunteer Program Coordinator Stephanie Grande. VOTE: Ayes 4, Nays 0. '.’eterson moved, McMillan seconded, to approve Stephanie Grande’s continued appointment as the Orono Police Department Volunteer Program Coordinator. VOTE: Ayes 4, Nays 0. PRESENTATION 2.SERGEANT STRIPES TO JAMES (ORNUTK Mayor Peterson, on behalf of the City of Orono. presented sergeant stripes to James Comick. APPROVAL OF MINUTES •3. REGULAR COUNCIL MEETING OF OCTOBER 25, 2004 White moved, .McMillan seconded, to approve the minutes of the Regular City Council meeting of October 25, 2004, as submitted. VOTE: Aves 3, Navs 0. PAGEl MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 8,2004 7:00 o'clock p.m. *4. SPECIAL COUNCIL MEETING OF Tl^: CANVASSING BOARD OF NOVEMBER 4,2004 White moved, McMillan seconded, to approve the minutes of the Special Council Meeting of the Canvassing Board of November 4,2004, as submitted. VOTE: Ayes 3, Nays 0. PARK COMMISSION COMMENTS - NO REPRESENTATIVE PRESENT Next meeting scheduled for November 29, 2004. PLANNING COMMISSION COM.MENTS - J. .MARC FRITZLER, REPRESENTATIVE Fritzler stated he had nothing to report but would be available for questions. PUBLIC COMMENTS Allan Englcman, 315 Old Crystal Bay Road North, requested the City Council address the issue of boat storage at 285 Old Crystal Bay Road North. Englcman indicated this issue arises each fall. Englcman stated the property is currently vacant, noting the City ’s ordinance requires that any boat stored on a residential lot must be owned by the person occupying the premises. Englcman indicated he did bring this issue to Council Member Murphy’s attention two weeks ago. Peterson indicated this issue was discussed at a work session last week. Peterson stated Staff is looking into whether the boats arc owned by the property owner. Moorse stated StafThas checked the licensing and registration for the boats and has verified that not all of the boats that arc currently being stored on the lot are owned by the property owner. Moorse slated the City has sent the property owner a letter notifying him that the boats must be removed as well as some other Items that should not be stored on tlie property. Peterson inquired what time period the property owner was given to remove the items. Moorse stated normally they arc allowed ten days to nvo weeks. Englcman commented there currently are three trailers on the lot, with five trailers having been stored on the property alt summer. ZONING ADMINISTRATOR’S REPORT *5. #2461 BRYSON AND JOHNSON, 650-660-670^80 BIG ISLAND - SUBDIVISION OF A LOT LINE REARRANGEMENT - EXTEND APPROVAL - RESOLUTION NO. 5246 While moved, .\IcMillan seconded, to adopt RESOLUTION NO. 5246, a Resolution Granting an Amendment to Resolution No. 4794, an extension of the lot line rearrangement approval, for William Bryson and James Johnson, 650-660-670-680 Big Island. VOTE: Ayes 3, Nays 0. PAGE 2 MINUTES OF THE ORONO aTY COUNCIL MEETING Monday, November 8,2004 7:00 o’clock p.m. 6. #04-3024 CITY OF ORONO, LARGE VEHICLE STORAGE PERMIT - ORDINANCE NO. 21, THIRD SERIES Gaffron stated the City Council at its last meeting took action that directed Staff to draft a final version of the ordinance amending the City’s vehicle storage regulations to allow for continued large vehicle storage by property owners who have two to five acre lots who have previously stored such vehicles, subject to a one-time permit, and subject to generally the same conditions as established for lots of five acres or larger. Gaffron noted Council made one change at their last meeting in a shared driveway situation by changing the language from “the City must have on file an agreement signed by all current driveway users” to “the Applicant shall demonstrate that the appropriate easement exists”. Gaffron stated one item for potential discussion is whether the Council wishes to be involved in the permit review process. As written, the ordinance does not address the review process and it is assumed that such permits will be reviewed and issued by staff without Council involvement. Gaffron noted 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 before the Council through the administrative appeal process. Gaffron indicated the ordinance revises the fee schedule for the remainder of 2004 by establishing a $30.00 permit fee to cover administrative costs. Concerning implementation, the ordinance does not set a deadline for applying for this permit. Staff s intent is to identify all known existing users and send them notification that a permit is required for continued large vehicle storage. Gaffron stated Staff would likely set a 60-day deadline for submittal, with those property owners not applying for a permit being renotified and given another 30-day grace period. Gaffron stated the City could take legal action or find the property owner in violation of the vehicle storage ordinance. Gaffron suggested as an incentive to gam permit compliance the City offer the permits free of charge for the first 90 days and then require a $30.00 fee thereafter. Gaffron noted that change would require a minor modification to the ordinance language. Staff recommends adoption of the ordinance. Gaffron stated Mrs. Timm has inquired tonight concerning the storage of trailers over 10,000 pounds. Gaffron stated the ordinance before the Council tonight docs not change the language that was adopted last November. White inquired what currently is in place governing trailers. GafiVon stated it is his understanding that any bailer over 10,000 pounds cannot be stored on a residential lot. Mrs. Timm indicated she has brought up the issue of the trailer with Ron Moorse all along. Timm stated the trailer is licensed and registered. Timm indicated it is likely the truck would be sold but that the trailer would remain. Sanscvcrc inquired whether the trailer is over the 10,000 pounds. Timm stated it is 12,000 pounds. PAGE 3 r I*: MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 8,2004 7:00 o’clock p.m. (6. U04‘3024 CITY OF ORONO, LARGE VEHICLE STORAGE PERMIT, Continued) Moorse stated this ordinance has only focused on storage of large vehicles. Gaffron stated the section of the Code being discussed is 78-l491(h), which was changed in November of 2003 to require that no trailer in excess of 10,000 pounds gvw shall be parked or stored in a residential district except for loading, unloading, or rendering serv ice. Gaffron stated shortly before the start of tonight's meeting is the first time he has been made aware that there is a 12,000-pound trailer being stored on this property. He stated that trailers have not been discussed in conjunction with this ordinance amendment. Peterson and Sansevere concurred that the trailer is a new issue and has not been previously discussed in conjunction with the ordinance amendment. Peterson suggested the trailer be dealt with separately. Peterson inquired whether the trailer was disallowed as of November of 2003. Gaffron stated that is correct. Peterson indicated the City would have to deal with the trailer at another time. Timm inquired whether the trailer could be included in the permit application. Peterson stated it could not be since they are two separate issues. Peterson inquired whether there were any public comments concerning this application. There were no public comments. Sanscvcrc moved, McMillan seconded, to adopt ORDINANCE NO. 21, Third Series, an Ordinance Amending Chapter 78 of the Orono Municipal Code by Amending Section 78-IS77(C) Regarding Vehicle Storage in ’*R”, with the S30.00 fee being waived for the first 90 days. VOTE: Ayes 4, Nays 0. 7.#04-3052 ERIC VOC'.STROM, 2618 CASCO POINT ROAD - VARI ANCES Eric Vogstrom, Applicant, was present. Peterson stated a significant change in plans has been presented on this application. Peterson noted Staff is recommending that this application be referred back to the Planning Commission. Peterson inquired whether Staff should proceed with their report tonight concerning this application given the recommendation. While inquired whether the applicant is aware of the recommendation. Curtis stated the applicant is aware of the recommendation. Barrett indicated he did speak this morning with the applicant's attomey who concurred that the application be sent back to the Planning Commission. PAGE 4 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 8,2004 7:00 o’clock p.m. (7. #04-3052 ERIC VOGSTROM, 2618 CASCO POINT ROAD, Continued) Peterson inquired whether the applicant was in favor of the Council tabling his application and referring it back to the Planning Commission. Vogstrom indicated that would be okay. Vogstrom inquired whether the Council wished to address the issue of the tree removal. Sansevere recommended the applicant not remove any additional trees. Sansevcrc noted the tree removal and the variance application arc two separate issues. Curtis noted if the application were tabled tonight, it would be on the November IS"* Planning Commission agenda. Peterson moved. White seconded, to table Application #04-3052, Eric Vogstrom, 2618 Casco Point Road. VOTE: Ayes 4, Nays 0. 8. #04-3054 JON AND GAIL BLACKSTONE, 4475 FOREST LAKE LANDING - VARIANCES - RESOLUTION NO. 5247 Jon and Gail Blackstone. Applicants, were present. Gundlach stated the applicants are requesting a lot width variance in order to construct a new residence on an existing lot. The lot consists of two existing 55-foot lots that have been combined for a total lot width of 110 feel at the road. The lot width requirement in this zoning district is 140 feet, with 112 feet being needed for administrative approval. Gundlach noted the lot area docs meet the administrative approval standard at approximately .898 acres. The applicant has submitted a plan for a new residence that meets all setback, hardcover and lot coverage standards. City Staff and the applicant’s engineer have agreed on a grading plan that will not negatively impact adjacent neighbors and route all new stormwater to the street. Gundlach noted no building permit would be issued until the City Engineer approves the final version of the plan. In addition, the applicants arc proposing to retain the existing accessory building located near the road. Since the accessory structure would be located nearer to the street or front lot line than the new residence, a variance is required. Gundlach stated the applicants do have the ability to relocate the structure to the 75-250 ’ zone, which would meet all setback and hardcover standards or they have the option of incorporating an additional stall into the attached garage to gam additional storage space. The Planning Commission recommended approval of the lot width variance and denial of the variance to pennit an accessory building to be located nearer to the street or front lot line than the principal structure. Approval of the lot width vanance is subject to a grading plan acceptable to Staff and the City Engineer. Staff continues to recommend denial of the requested variance to keep an existing accessory building closer to the street or front lot line than the pnncipal building. Jon Blackstone, 4465 Forest Lake Landing, stated the only issue apparently outstanding is the shed, which received a new roof and paint last summer at a cost of approximately S2,000. Blackstone noted that shed has existed m its current location for over 20 years. PAGES MINUTES OF THE ORONO CITY COUNCIL M’iETING Monday, November 8,2)04 7:00 o’clock p.m. (8. #04-3054 JON AND GAIL BLACKSTONE, 4475 FOREST LAKE LANDING, Continued) Blackstone stated the location and design of the new house and pool is meant to minimize runoff and disruption of the topography, with the lot containing approximately 30 mature trees, a number over 100 years old. Blackstone indicated the shed is currently used to store snowmobiles, snowblowers, riding lawnmowers and kids ’ toys. Blackstone stated the proposed location of the house and pool docs not leave room for access to the back of the lot. Blackstone stated they are requesting they be allowed to relocate the shed adjacent to the garage, which is approximately 160 feet from the street, and that they would be willing to camouflage the shed to lessen its visibility from the street. Blackstone stated the hardship they have is the lack of storage if the shed is required to be removed. Sanseverc noted the hardship must be inherent to the land and not to the property owner personally. Gail Blackstone stated it is her understanding that on occasion the City has grandfathered in similar types of structures. Blackstone noted the other homes on this street face the lake, with their back yards facing the street. Blackstone stated this is the only lot on the street where the area next to the street is considered the front yard. Blackstone stated prior to the improvement work done on the shed, it was looking very rundown and leaked, but now it looks like a decent structure. Blackstone commented they would not have incurred that c.xpense had they known the building would need to be removed. Blackstone requested the shed be allowed to remain. Sansevere inquired whether the applicants’ proposal to relocate the shed has been discussed with Staff. Gundlach indicated that option was discussed, but noted that the shed would need to be attached in order to comply with the code and not require a variance. Gundlach stated there is no hardship to grant that variance. Gundlach indicated she is not aware of what the requirements would be for attaching the structure. Gaffron inquired whether the shed could be located ten feet from the garage, Gundlach stated that would still require a variance. Gaffron noted they w ould not require a variance if the shed was attached. McMillan inquired whether the proposed garage could be expanded. Gundlach stated they could increase the size of the garage by 200 square feet to make up the loss of the shed. Gaffron stated the lack of access to the back yard is created by the applicants’ desire to have the residence and pool located as proposed. Gaffron noted the location of the residence may also create potential problems with future maintenance of the residence should a large truck need to access the rear of the residence. Sansevere inquired what the applicants have to do in order to attach the shed to the garage. PAGE 6 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 8,2004 7:00 o’clock p.m. (8. 804-3054 JON AND GAIL BLACKSTONE, 4475 FOREST LAKE LANDING, Continued) Gaffron stated the shed would have to be physically attached to the foundation and part of the garage as opposed to simply setting alongside it. Gail Blackstone stated expanding the garage is a significant cost, noting the residence is being constructed for her parents. Sansevere inquired whether the shed could be relocated to the lot at 4465 Forest Lake Landing. Gundlach indicated they would encounter hardcover issues if the shed were relocated to 4465. Gail Blackstone stated the character of the neighborhood consists of the other residences having the front of their homes facing the lake, with their back yards facing the street. Blackstone indicated this is the only lot on the street that has the front of the house facing the street. Peterson inquired whether there was any public comment concerning this application. Teri Bloom noted she would be occupying the new residence. Bloom stated the lot is located on a steep hill, which would hide the residence from the street. Sansevere inquired whether that would constitute a hardship. Sansevere stated without a hardship, the City is not able to grant a variance. Gail Blackstone inquired whether the shed could be grandfathered in. McMillan stated once a lot is rebuilt, the accessory shed might need to be removed. White suggested the applicants consider attaching the shed to the garage. Gail Blackstone indicated she is not aware of the costs associated with that. Sansevere inquired whether a foundation is required to have the two structures be considered attached. Gaffron stated the two buildings have to be physically attached with a foundation so they do not move in relation to each other and they have to be tied into each other so that rain cannot come down in between the two buildings. Sansevere inquired whether the applicants would like to have their application tabled to allow them time to consider their options. Gail Blackstone stated they w ould prefer to proceed forw ard w ith the application. Blackstone inquired whether the shed could remain in place until the new residence is constructed. Peterson inquired what the time frame is for the new residence. Blackstone stated she believes it is to be completed by March. PAGE? ' I JU MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 8,2004 7:00 o’clock p.m. (8. 804-3054 JON AND GAIL BLACKSTONE, 4475 FOREST LAKE LANDING, Continued) Gaffron suggested requiring removal of the shed prior to the issuance of a certificate of occupancy. Gaffron stated one further issue concerns the driveway being relocated to the north in order to comply with the grading plan, which may necessitate relocating the shed approximately 20 feet. Jon Blackstone indicated they are in favor of the grading plan, which helps to alleviate the steepness of the driveway. Gaffron noted there might need to be some minor changes to the wording of the resolution to accommodate what w'as discussed tonight. Gail Blackstone stated the fee on their application was almost doubled for the variance, noting that this application was only two feet shy of being administratively approved except for the shed. Blackstone requested the Council consider a staggered fee structure to deal with applications that arc simpler in nature. White moved, McMillan seconded, to adopt RESOLUTION NO. 5247, a Resolution Granting a Lot Width Variance for Jon and Gail Blackstone, 4475 Forest Lake Landing, with the condition the accessory building be removed prior to the issuance of a certiHcate of occupancy. V'OTE: Ayes 4, Nays 0. 9.#04-3055 DR. MARTHA SPENCER, 1005 WILLOW DRIVE SOUTH - VARIANCES Mark Ritter ap|Karcd on behalf of Dr. Martha Spencer. Curtis stated the applicant is requesting a hardcover variance within the 0-75’ setback to allow 11,7 percent hardcover. This application was tabled at the last City Council meeting at the applicant's request. To date no revisions have been submitted to the original plan. In addition, during discussions with the Planning Commission and Council the applicant has stated that there is a 10.5’ by 25’ dog kennel on the property that was not included in the hardcover calculations. Staff feels the dog kennel is further justification for not granting the hardcover variance. Curtis suggested Council discuss whether the previous variance approval should be amended or whether the dog kennel should be removed in order to achieve the 8 percent level approved with the 2004 variance. The Planning Commission voted 7-0 to recommend denial of the hardcover and setback variances based on lack of sufficient hardship. Staff also recommends denial of the application. Ritter inquired whether the Council would allow a paver called Neco-Paver. Ritter noted this type of paver allows permeation of water through it. Ritter stated they would like to utilize these pavers for the walkways and that they would be willing to remove the dog kennel. Curtis stated removal of the dog kennel w’ould bring the property back to the approved level in 2004, Ritter inquired why the dog kennel was not included in the original calculations. PAGES MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 8,2004 7:00 o’clock p.m. (9. #04-3055 DR. MARTHA SPENCER, 1005 WILLOW DRIVE SOUTH, Continued) Curtis indicated it was not included on the survey. Curtis noted she did not perform a total site review at the time she visited the property. McMillan inquired whether the dog kennel is currently being used. Ritter stated it is not. White inquired whether the owner plans to have dogs tliere in the future. Ritter stated she does not. Ritter noted the house was constructed in the 1930 ’s. Sansevere inquired whether the City would permit those type of pavers. Gaffron stated the paver would still be considered as hardcover, noting the Planning Commission has had a number of discussions over the years concerning that type of paver. Gaffron stated the City does encourage property owners to utilize that type of paver, but at the present time still considers them hardcover. Ritter noted Deephaven, Tonka Bay and Minnetonka Beach currently allow them. Sansevere commented the standards are higher in Orono. White stated in his opinion the City should look at reconsidering whether they are included as hardcover. Sansevere stated incorjrorating that type of paver and not having them be considered hardcover is not an option at the present time. Peterson inquired whether the applicant has any other altcmatives she would like to present. Ritter stated the applicant has a 1 50-foot setback, which basically goes to the front yard. Peterson noted there was previous discussion about screening in the patio. Peterson inquired whether that is an option the applicant is interested in. Ritter stated the cost to construct a scrcencd-in porch would be approximately 5150,000. White indicated he would go along with the Planning Commission’s recommendation on this matter. Sansevere moved, McMillan seconded, to direct Staff to draft a denial resolution for Application ii04-305S, Dr. .Martha Spencer, 1005 Willow Drive South. McMillan indicated she w ould like the dog kennel remov ed to reduce the hardcover to the 8 percent that was approved earlier. Peterson inquired whether there should be a time limit for the removal. PAGE 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 8,2004 7:00 o’clock p.m. (9. m4-3055 DR. MARTHA SPENCER, 1005 WILLOW DRIVE SOUTH, Continued) Gaffron suggested July 1st. VOTE: Ayes 4, Nays 0. * 10. #04-3058 TIMOTHY ZWART, 3970 NORTH SHORE DRIVE - VARIANCES - RESOLUTION NO. 5248 White moved, McMillan seconded, to adopt RESOLUTION NO. 5248, a Resolution Granting variances to hardcover, lot area and lot width for Timothy Zwart, 3970 North Shore Drive. VOTE: Ayes 3, Nays 0. *11. #04-3061 BILL AND ROBIN GRIERSON, 1989 FAGERNESS POINT ROAD - VARIANCES - RESOLUTION NO. 5249 White moved, McMillan seconded, to adopt RESOLUTIO.N NO. 5249, a Resolution Granting a variance to hardcover for Bill and Robin Grierson, 1989 Eagerness Point Road. VOTE: Ayes 3, Nays 0. * 1 2. #04-3063 WJM PROPERTIES, LLC, 2605 WAYZATA BOULEVARD - AMEND CONDITIONAL USE PERMIT - RESOLUTION NO. 5250 White moved, McMillan seconded, to adopt RESOLUTION NO. 5250, 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, WJM Properties, LLC, 2605 Way^tata Boulevard. VOTE: Ayes 3, Nays 0. *13. #04-2961 NINA WILDMAN, 745 SPRING HILL ROAD - FINAL PLAT - RESOLUTION NO. 5251 White moved, McMillan seconded, to adopt RESOLUTION NO. 5251, a Resolution Approving the Plat of Spring Hill Estates, Nina Wildman, 745 Spring Hill Road. VOTE: Ayes 3, Nays 0. 14. #04-3010 THEODORE L. CAPRA, 3534 IVY PLACE - VARIANCES Theodore Capra, Applicant, was present. Gundlach stated the applicant is requesting a hardcover variance in order to construct a new 1,350 square foot single family home. The applicant has been unable to meet the 25 percent hardcover limit for the 75- 250 ’ zone. The applicant has proposed two plans before the Planning Commission - one requesting 30 percent hardcover and one requesting 33 percent hardcover. Gundlach stated it is her understanding the applicant is requesting approval of the 30 percent hardcover plan. The Planning Commission unanimously recommended denial of both plans and directed the applicant to design a site plan incorporating the 25 percent hardcover. PAGE 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 8,2004 7:00 o’clock p.m. (14. n04-30l0 THEODORE L CAPRA, 3534 IVY PLACE, Continued) Gundlach stated under the plan for the 30 percent hardcover the applicant would need to remove approximately 749 square feet, and with the 33 percent hardcover plan, hardcover would need to be reduced by 1,119 square feet. The applicant is no longer requesting a conditional use permit for grading within 75 feet of the lake. Staff, including the City Engineer, met with the applicant on site and determined that the level of work he is requesting to do would only require a land alteration permit or approval in conjunction with any building permit for a new residence. Staff continues to recommend denial of the variances since the lot is conforming in area and width. White inquired if 749 square feet of hardcover could be illustrated on the overhead. Gundlach stated the detached garage consists of 451 square feet, as an example. Gaffron stated the driveway really cannot be reduced much under the 30 percent plan and still remain functional. Gaffron slated a reduction in hardcover would probably result in a reduction in the size of the house. Gundlach stated the driveway depicted on the overhead is the minimum allowed by staff. Sansevere inquired what the square footage of the proposed residence is. Gundlach stated tlie footprint is 2,238 square feet, with the attached garage being another 720 square feet. White noted a reduction of 749 square feet is approximately one-third of the house. Gaffron stated the adjacent house is at 25 percent, with a lot roughly the same size as this lot. Sansevere inquired whether the house could be relocated closer to the street to shorten the driveway. Gundlach stated that option has been considered. Capra slated he has explored a number of options with Staff, including relocating the house further back from the lake, which rcsu'ted in a loss of the view of the lake due to the other adjacent homes. Capra stated he is not sure how to comply with the 25 percent hardcover and have a house that is livable. Capra stated in his view' he is being penalized for having a lot that is conforming but a lot that does not allow for a decent size house to be constructed. Capra stated after the front, rear and side setbacks are taken into consideration, the size of the building envelope is not that large. Capra noted another lot that w as non conforming was given a 38 percent hardcover limit. Capra stated due to the value ot the lot. a larger size house is w arranted on the lot. Capra commented a smaller size house could be constructed but it would be a house w ithout much storage. Capra requested the City Council allow the additional 749 feet. PAGE 11 4 » 'll I MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 8,2004 7:00 o’clock p.m. (14. m4-30I0 THEODORE L CAPRA, 3534 IVY PLACE, Continued) Gaffron stated the lot the applicant was referring to was significantly shorter, which resulted in a majority of the area being located in two setbacks. Gaffron noted Staff did recommend denial on that application. Gaffron indicated Staff does not find a hardship on this lot for the variances. Sanseverc noted the applicant does have the option of reducing hardcover by relocatuig the residence closer to the road. Capra stated relocating it closer to the road does eliminate his view of the lake to a point. Capra indicated even ten feet makes a big difference on the view. Sanseverc inquired whether the garage is a three-car garage or four-car garage. Gundlach indicated it is a three-car garage. Capra stated some of the hardcover consists of gravel that has been there a long time and was in existence at the time he purchased the property. Capra noted he is reducing the amount of hardcover on the property by approximately 20 percent with his proposal. Capra indicated he has also considered remodeling the existing structure, but stated he was under the impression that you could only remodel within the walls. Capra stated he is unsure what amount of hardcover he would be able to use if he remodels. Sanseverc inquired whether the applicant would like his application to be tabled. Capra stated he would prefer to be able to construct a new residence os he is proposing, but that he is agreeable to tabling his application. White inquired whether the third stall and the driveway going to it could be removed to achieve the desired hardcover level. Gaffron stated that portion of the dnveway is approximately 200 square feet and the garage stall is approximately 200 square feet. Gundlach stated the garage could also be detached and located closer to the road. Peterson stated it docs not appear the Council is willing to approve a 30 percent hardcover limit. Peterson inquired whether this application should go back to the Planning Commission if revisions are made to it. Gaffron recommended the application be sent back to the Planning Commission since it was originally denied. .Sansevere encouraged the applicant to reduce the hardcover to 25 percent. Capra inquired whether he could use the existing hardcover located in different areas of the property and put it towards a building if he remodels. PAGE 12 Mil iriHT iTtJ MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 8,2004 7:00 o'clock p.m. (14. #04-3010 THEODORE L CAPRA, 3534 IVY PLACE, Coniinued) GafTron stated that would also require a variance because nonstructural hardcover is being converted to structural hardcover. GalTron stated if the applicant is going to stay within the footpnnt of the existing house and go upwards to avoid encroaching on any of the setbacks, there probably would not be an issue, but if you go outside the building envelope and convert nonstructural hardcover to structural hardcover, a variance may be required. Capra inquired whether the boathouse could remain if the hardcover is reduced to 25 percent. Gundlach stated the boathouse is approximately 80 square feet and would need to be removed if a plan is submitted at 25 percent. Gundlach noted property owners arc only allowed a lock box consisting of 20 square feet down by the lake and that a variance would be required to keep the boathouse on a rebuild. Peterson moved, Sansevere seconded, to table Application #04-3010, Theodore L. Capra, 3534 Ivy Place. VOTE: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT Peterson noted the Council should take action on the Housing Proclamation. Moorsc stated the proclamation focuses specifically on what the Interfaith Outreach People arc attempting to achieve. White moved, McMillan seconded, to approve City Proclamation of Housing Week to be November 13 - 20, 2004, in the City of Orono. VOTE: Ayes 4, Nays 0. McMillan suggested the Council proceed forw^ard with surveying some of the narrower beaches and installing wooden posts every 20 to 30 feet to identify it as city property. Peterson noted this item has been discussed in the past and that the main rea.son for not proceeding forward with the surveying was the costs associated with it. White noted a survey is approximately S3000. McMillan stated given the number of issues involving encroachment and tree removal that have arisen in the past, the City may want to consider having the beaches surveyed and wooden posts installed. Moorse suggested proceeding slowly w ith the surveys to avoid Staff spending an inordmate amount of time answ ering phone calls from residents. Sansevere suggested waiting until spring before proceeding with any surveys. White suggested getting a recommendation from the Park Commission on which beaches should be surveyed first. Moorse noted the Park Commission did compile a list of priority sites a couple of years ago. PAGE 13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 8,2004 7:00 o'clock p.m. PUBLIC SERVICE DIRECTOR’S REPORT None CITY ADMINISTRATOR’S REPORT * 15. ACCEPT DONATION FROM BRA White moved, McMillan seconded, to accept the donation from Bonestroo, Rosene, Anderlik and Associates in the amount of S275.00. VOTE: Ayes 3, Nays 0. *16. CONSIDERATION OF REFUNDING OF 1997 SEWER BONDS White moved, McMillan seconded, 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 results to the Council for consideration at its meeting of December 13, 2004. VOTE: Ayes 3, Nays 0. *17. 2005 NON-UNION COMPENSATION ADJUSTMENTS - RESOLUTION NO. 5252 White moved, McMillan seconded, to adopt RESOLUTION NO. 5252, a Resolution Approving Pay Plan Adjustments for Non-Union City 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. VOTE: Ayes 3, Nays 0. *18. APPOINTMENT OF ANTHONY WHITE TO FULL TIME OFFICER White moved, McMiiian seconded, to approve the change of empioyment status for Anthony White from part-time police officer to futl-timc police officer^ effective 11/08/04, with a starting hourly rate of pay at $18.62 and other approved full-time benefits. VOTE: Ayes 3, Nays 0. CITY ATTORNEY’S REPORT None *19. LICENSES None *20. BILLS White moved, McMillan seconded, to approve pavment of the All Funds account. VOTE: Ayes 3, Nays 0. PAGE 14 , I ! PAGE 15 e / «NBI u -i I i- Date Application Received: 8*18*04 Date Application Considered as Complete: 8«l8-04 60-Day Review Period Expires: 10-17-04 extended to 12-16-04 NUV c. 2004 Cl IY Uh Ol-iUNO REQUEST FOR COUNCIL ACTION Date: November 18, 2004 Item No.: ^ Department Approval:Administrator Approval: Name: Janice Gundlach^^ Title: City Planner Agenda Section: Zoning Item Description: #04-3047, Bruce Meese & Maureen Murphy, 3135 Casco Circle, Renewal Variance - Resolution 2Loning District: Lot Area: Lot Width: LR - 1C, One Family Lakeshore Residential District ('/i acre minimum) 0.49 acres (21,392 s.f.) 60 feet List of Exhibits A - Resolutions per Planning Commission Recommendation B - Approved Grading Plan C - Extension Letter dated 10-20-04 D - PC Action Notice 9-21-04 E - PC Memo and Exhibits of 9-15-04 Application Summary: Applicants are requesting renewal of the following variances approved in September and October, 2003 in order to construct a new residence: 1. Lot area variance to allow reconstruction of a home on a 0.49 acre lot when 0.50 acres is required. 2. Lot width variance to allow reconstruction of a home where the width at the shoreline and 75’ setback is 60’ when 100’ is normally required. 3. Hardcover variance to all 37% hardcover in the 250’-500’ zone when 30% is normally allowed. 4. Hardcover and lakeshore setback variance to allow an existing deck and retaining walls constituting 6% hardcover in the 0-75’ zone to remain when 0% hardcover and no structure is normally allowed and 14% currently exists. (The grading plan depicts a hardcover level of 43% in the 250'-S00 ‘ zone. The renewal variance only approves the original 37% and the driveway must be constructed in accordance with the original site plan) • • Plaaning Commission Recommendation The Planning Commission voted S-1 to approve the renewal variance in accordance with the staff recommendation, noted below. Staff Recommendation Reconunend that the City Council adopt the resolutions renewing the variances approved in September and October of 2003 consisting of a lot area, lot width, 0 - 75’ & 250 ’ - 500’ zone hardcover variances, and a lake setback variance. The resolutions have been amended to reflect a November 2005 deadline for building permit submittal, as well as the updated code sections to reflect the re-codification that has occurred since the original approval. The applicants have also submitted a grading plan that has been approved by the City Engineer and attached to this memo as Exhibit B. COUNCIL ACTION REQUESTED Adopt the attached Resolutions granting renewal variances for 3135 Casco Circle. A RESOLUTION GRANTING RENEWAL VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-1288 FILE NO. #04-3047 WHEREAS, Bruce F. Meese & Maureen E. Murphy (husband & wife), (hereinafter “the applicants”) are tlie owners of the property located at 3135 Casco Circle within the City of Orono (hereinafter the “City ”) and legally described as follows: Lot 41, that part of Lot 64, that part of vacated Lake Shore Avenue, and that part of the tract of land between said avenue and the shore of Lake Minnetonka, all described as beginning at Uie Northwest corner of Lot 41, which point is marked by a Judicial Landmark set pursuant to Torrens Case Number 16333; thence South along the West line of Lot 41 and its extension, a distance of 219.07 feet, which point is marked by a Judicial Landmark set pursuant to Torrens Case Number 16333; thence continuing South along said extension to the shore of Lake Minnetonka; thence Easterly along said shore to its intersection with the southerly extension of the East line of Lot 41; thence North to the Northeast corner of Lot 41; thence Northeasterly to a point on the Northeasterly line of Lot 64 distant 30.0 feet Northwesterly from the most Easterly corner of Lot 64, thence Northwesterly along said Northwesterly line to its intersection with a line drawn parallel with and 24.00 feet Southeasterly, measured at right angles from the Northwesterly line of Lot 64 and its extension, which a point is marked by a Judicial Landmark set pursuant to Torrens Case Number 16333; thence Southerly a distance of 51.35 feet, more or less, to the point of beginning; all in SPRING PARK, according to the plat thereof on file or of record in the office of the Register of Deeds in and for said County. (hereinafter the “property”); and WHEREAS, the applicants have made application to the City of Orono for renewal variances to Orono Municipal Zoning Code Sections 78-350 and 78-1288 in order to rebuild a home on the existing lot requiring approval of a lot area variance to permit a lot area of 0.49 acres when 0.50 areas is normally required, lot width to permit a lot width at the shoreline and 75 foot setback of 60 feet when 100 feet is normally Page 1 of 6 mm required, and hardcover variance to permit 37% hardcover within the 250’-500’ zone when 30% is normally allowed. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: 1. 2. 3. 4. HNDINGS This renewal application was reviewed as Zoning File #04-3047. The original application was reviewed as Zoning File #03-2936. The property is located in the LR - 1C zoning district, which requires a minimum lot area of on half ('/i) acre and a minimum lot width of 100 feet. The applicants* property is 0.49 acres and has a width of 60 feet. Tlie Planning Commission reviewed this application at a public hearing held on September 20, 2004 and recommended approval of the renewal variances for lot area, lot width and 250’-500* zone hardcover variance based on the following findings: a. The property is 0.49 acres in size when .50 acres is required. b. The property has a lot width of 60 feet at the shoreline and 75 ’ setback when 100’ is required. c. Because the lot is being reviewed as a rebuild, the lot must conform to current Zoning Ordinance standards or a hardship shall be presented. d. Due to the configuration of the lot, minimal area exists in the 250’- 500’ zone, hence a variance to allow excess hardcover for the proposed detached garage is not reasonable. e. Because of sight visibility problems on Casco Circle, a tiunaround is necessary to safely exit the drive. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed renewal variance on the health, safety and welfare of the community. Page 2 of 6 c- (, 0 • • • • 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 renewal variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to * neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants renewal variances to Orono Municipal Zoning Code Sections 78-350 and 78-1288 in order to rebuild a home on the existing lot requiring approval of a lot area variance to permit a lot area of 0.49 acres when 0.50 areas is normally required, lot width to permit a lot width at the shoreline and 75 foot setback of 60 feet when 100 feet is normally required, and hardcover variance to permit 37% hardcover within tire 250’-500’ zone when 30% is normally allowed, subject to the following conditions; 1. Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit 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. Approval for hardcover amounts in the 75’-250’ and 250’-500’ zones are based on the hardcover amounts listed in the planning report. 25% hardcover is allowed in the 75’-250’ zone and 37% hardcover is allowed in the 250’-500’ zone. 3. The excessive hardcover in the 0-75’ zone was reviewed separately and isn’t included in this resolution. A separate resolution addressing the City Council decision on the hardcover in the 0-75’ zone was also renewed as part of this tenewal application. 4. Hardcover in the 250’-500’ zone shall be limited to 2,333 s.f. or 37% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. The revised grading plan that was submitted as part of the rencw'al variance depicts a hardcover level of 43% in the 250’-500’ zone. This hardcover level is not Page 3 of 6 5. 6. 1. 8. approved as part of the renewal variance, only the original 37% is approved. 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. The renewal approval is based on the grading plan included in the attached Exhibit A. The applicants will be required to comply with this approved grading plan upon construction of the home. The City reserves the right to require amendments to the approved grading plan at the time of construction. 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 22,2005). 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. The undersigned applicants have read, understand and hereby agree to the terms of tliis resolution and on behalf of the applicants and the applicants ’ heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 22"** day of November, 2004. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property ONvner(s) Page 4 of 6 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of ___ ^ ^ A * M ^ •2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota-» ... -------- - —^ ^ municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this __ day of . 2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 5 of 6 State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this by Bruce F. Meese, husband of Maureen E. Murphy. day of ,2004 Notary Public State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this by Maureen E. Murphy, wife of Bruce F. Meese. day of ,2004 Notary Public •'* V V ■* » r • Page 6 of 6 t r r. EXHIBIT A —9* \ »lV-»/ •0^i/ro^w gpJve- NOT/fPW\> \iA^ by 0 )ng : It w)ce r?wT *nr CQ ^PROVED IVf.W»^eP. Bjp. i5o'-500* ZOiOE: 2.333 s.^. » 37’/. PER. OfUWAlAu^y M>PRjDVED PUAlJ- ^HoAJifJcj File fro3-2*l3b I In m i^o V’c £ost iterly om ly lint ■3BrT JO J ! f—awLOM • UNE MOST ClY OOHHOI-* Of LOT M F-« c> \< SCTB aCIC fW^xoviER- FoP-1/ 7E-250' HOME- CoMfORMuJGi ® ,/ 22 M*/o ** ALLO 25/, \ \ 5 I % - -ij- - mg aiWg^** « \ I \ /y.. Ijif y»-V«T£0 ;i>r., AfffMiveD FFf.Piov/EP' FOR. 0-15' 2o/JE« SB£ SepERATE PESOU/TiC/J- ((,% s peo< * /675W//0Er K/^ \ ij^ AVE.j'^ YrniM — L- ^•siF \ ' %■' LEGEND 75* /SniMcK Uf4r ® V4-0PO, DENOTES UTILl DENOTES OVE DENOTES TEU DENOTES SET DENOTES FOU DENOTES JUO DENOTES SOL DENOTES BLG OENOTESfylAflAAf B9S2.2 DENOTES E> (tSX5) DENOTES Pf m-------- DENOTES Pf ^64000 ______DENOTESB -------- DENOTES P ...■ >V.iAta. ^ r A RESOLUTION GRANTING A RENEWAL VARIANCE TO MUNICIPAL ZONING CODE SECTION 78-1288 (B) FILE NO. 04-3047 WHEREAS, Bruce F. Meese & Maureen E. Murphy, husband and wife (hereinafter “the applicants”) are the owners of the property located at 3135 Casco Circle within the City of Orono (hereinafter tb. “City ”) and legally described as follows: Lot 41, that part of Lot 64, that part of vacated Lake Shore Avenue, and that part of the tract of land between said avenue and the shore of Lake Minnetonka, all described as beginning at the Northwest corner of Lot 41, which point is marked by a Judicial Landmark set pursuant to Torrens Case Number 16333; thence South along the West line of Lot 41 and its extension, a distance of 219.07 feet, which point is marked by a Judicial Landmark set pursuant to Torrens Case Number 16333; thence continuing South along said extension to the shore of Lake Minnetonka; thence Easterly along said shore to its intersection with the southerly extension of the East line of Lot 41; thence North to the Northeast corner of Lot 41; thence Northeasterly to a point on the Northeasterly line of Lot 64 distant 30.0 feet Northwesterly from the most Easterly corner of Lot 64, thence Northwesterly along said Northwesterly line to its intersection with a line drawn parallel with and 24.00 feet Southeasterly, measured at right angles from the Northwesterly line of Lot 64 and its extension, which a point is marked by a Judicial Landmark set pursuant to Torrens Case Number 16333; thence Southerly a distance of 51.35 feet, more or less, to the point of beginning; all in SPRING PARK, according to the plat thereof on file or of record in the office of the Register of Deeds in and for said County. (hereinafter the “property”); and WHEREAS, the applicants have made application to the City of Orono for a renewal hardcover and lake setback variance to Orono Municipal Zoning Code Section Section 78-1288 (B) to allow a lakeside deck and adjacent retaining walls to remain in the 0-75 ’ zone, such deck and retaining wall constituting structure and 6% hardcover (excluding allowed stairway access) when no structure and 0% hardcover is normally allowed. Page 1 of 6 NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: 1. 3. FINDINGS This renewal application was reviewed as Zoning File #04-3047. The original application was reviewed as Zoning File #03-2936. The property is located in the LR - 1C zoning district, which requires a minimum lot area of '/: acre and a minimum lot width of 100 feet. The applicants’ property is .49 acres and has a width of 60 feet. The Planning Commission reviewed this application at a public hearing held on September 20, 2004 and granted approval of the renewal hardcover and lake setback variance for the 0-75’ zone based on the following City Council findings of original 2003 application: a. The nature of the property in the 0-75’ zone is steep slopes being supported by retaining walls. b. Currently, the existing lakeshore deck is bolted to a concrete retaining wall which is supporting 8 ’ of earth. c.After engineering reviews, the interdependency of the wall on the deck is inconclusive; however. Council action to require removal of the deck may have unintended negative consequences. Should the deck be required to be removed and detached from the retaining wall, there is the potential that the retaining wall may fail, subsequently causing slope failure. d. The existing conditions of the retaining w*all and attached deck support the slope. e. Absent the unique conditions noted above, the lakeshore deck would normally not be allowed to remain, as it is a nonconforming structure and the property is undergoing a complete teardown/rebuild of the principal structure. Page 2 of 6 4.The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed renewal 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 renewal 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 di^culty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants renewal hardcover and lake setback variance to Orono Municipal Zoning Code Section 78-1288 (U) to allow a lakeside deck and adjacent retaining walls to remain in the 0-75 ’ zone, such deck and retaining wall constituting structure and 6% hardcover (excluding allowed stairway access) when no structure and 0% hardcover is normally allowed, subject to the following conditions: 1.Council approval is based on tlic site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. Hardcover in the 0-75 ’ zone shall not increase above the 6% level. 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 concunent reduction in existing hardcover. 3.Should at any point in time the retaining wall or deck need to be replaced, the lakeside deck must be removed in its entirely and shall not be replaced. Also, the slope must be re-vegetated with plant material approved by City stalf in the event that the deck is removed. As allowed by Section 78-1282, a 32 square foot Page 3 of 6 ill*Jii <■ landing may be constructed in the 0-7S’ zone in the event that the deck is replaced but under no circumstances may a 32 square foot landing be constructed in addition to the lakeside deck. The existing lattice work below the deck shall be replaced by vegetation. 4.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 construction of the new house within one year of the date of Council approval, or the variance will expire on that date (November 22, 2005). 5.Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6.The undersigned applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants ’ heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 22"*' day of November, 2004. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson. Mayor Property Owner(s) Page 4 of 6 ■ i I I STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this __ day of 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this __ day of __, 2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 5 of 6 State of Minnesota ) )ss. County of Hennepin ) This instrument was acknowledged before me this by Bruce F. Meese, husband of Maureen E. Murphy. day of ^2004 Notary Public State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this by Maureen E. Murphy, wife of Bruce F. Meese. day of ,2004 Notary Public Page 6 of 6 ZON g 2ftnDvgj(^= © ^Vtpf4 •• lo\ S/f. Wiytlrt'psi^' s-f. iwnDW -fO p^rwu^ ©PttK' ■ @ (!.^i^u^u^ VJflJ ls= / \ \ \ fO JUUI I S^^^CHIBITA * — — ^ -. i Ml !£!i? / / / i/2'OPEN \. ^ ^ * \ 'x ?gk / ; . ■ /----------------------------------------------■ t\-^UlLDli& ^r-rr. • ; .LINE I v^/AV '' *’“^r\; ^'^picC M>t~ ; /\ ^nORF AW-/ V ovc.; I ^'JsaB^ca / 947®o"fS / S?0-1 V2-0PO, l“=:^0' 9<0.B J§oAq/^ I-^:^^tonka O O CITY «f ORONO Municipal Onices Street Address: 2750 Kelley Parkway Orono, MN 55356 Tfailint Address: P.O. Boi 66 Crystal Bay, MN 55323-0066 October 20,2004 Bruce Meese & Maureen Murphy 3135 Casco Circle Wavzata, MN 55391 * RE: 60-day Extension for Renewal Variance at 3135 Casco Circle Dear Mr. Meese and Mrs. Murphy; 60-Day Extension Notice. State law provides that Cities shall make decisions on zoning requests within 60 days from the date of application, and that this review period may be extended by notification to the applicant. Your application was received on August 18, 2004, and was deemed as complete upon submittal. The 60-day review period would end on October 17,2004. However, because a grading plan is being required prior to City Council approval and that information has yet to be submitted, the earliest potential date of final Council action falls after the 60-day period ends. Therefore, the 60-day review period is hereby t.xtended an additional 60 days to December 16,2004. I have been in contact with your surveyor who is preparing the necessary grading plan for City Council approval. Upon receipt of the grading plan it will be forwarded to the City Engineer for review. Should changes be requested, those changes will be submitted to you and your surveyor for implementation. Please give me a call at 952-249-4623 if you have further questions. Thank you for your cooperation. Sincerely, City of Orono Janice Gundlach City Planner Tdephonc (952) 249-4600 • Fax (952) 249-4616 www.ci4iroiiojiiii.us f I t: CITY OF ORONO ZONING FILE: 04-2047 2750 Kelley Parkway P O. Ilox 66 NOTICE OF PLANNING COMMISSION ACTION Cry*»t«l Bay, MN 55323 (952) 249-4600 DATE OF NOTICE; September 21,2004 TO: Grace Meese & Maureen Murphy COPIES: 3135 Casco Circle Wayzata, MN 55391 TYPE OF APPLIC^TION:_____yjlPf _____________________________ DATE OF MEETING: September 20,2004 Planning Commission recommended as follows: . • Approval of the renewal variance requests subject to approval of a grading plan for the proposed house prior to City Council review. VOTE: 5 FOR 1 AGAINST Applicant’s next meeting is tentatively scheduled for: City Council - Monday, October 11,2004; meeting starts at 7:00 p.m. subject to submittal of a grading plan to be approved by the City Engineer. If you desire certified copies of the official Planning Commission or Council minutes, tliey are available from the City Recorder after review and approval by the Planning Commission or Council. If you have questions, please call City Plarmer Janice Gundlach at 952-249-4623. «04-3047 September 20»2004 Page 1 of 2 Date Application Received: 8-18-04 Date Application Considered as Complete: 8-18-04 60-Day Review Period Expires: 10-17-04 To; From: Date: Subject: Chair Rahn and Planning Commission Members Ron Moorse, City Administrator Janice Gundlach, City Plannerjjil September 15,2004 #04-3047, Bruce Mcese & Maureen Murphy, 3135 Casco Circle - Renewal of; 0 - 75 ’ & 250’ - 500’ Hardcover Variances, Lake Setback Variance - Public Hearing Zoning L'istrict: Lot Area: Lot Width: LR- 1C, One Family Lakeshore Residential District ('/a acre min.) 0.49 acres (21,392 s.f.) 60 feet Application Su.nmary: Applicants are requesting renewal of the following variances approved in September and October, 2003 in order to construct a new residence: 1. Lot area variance to allow reconstruction of a home on a 0.49 acre lot when 0.50 acres is required. 2. Lot width variance to allow reconstruction of a home where the width at the shoreline and 75 ’ setback is 60’ when 100’ is normally required. 3. Hardcover variance to all 37% hardcover in the 250’-500’ zone when 30% is normally allowed. 4. Hardcover and lakeshore setback variance to allow an existing deck and retaining walls constituting 6% hardcover in the 0-75’ zone to remain when 0% hardcover and no structure is normally allowed and 14% currently exists. Stuff Recommendation: Staff recommends approval of the renewal variances as the applicant demonstrated a viable hardship and the conditions remain the same. However, staff has added a condition to the approval which states that the applicant must finalize a grading plan prior to final City Council approval of the renewal. This is due to the recent grading issues the building department has been having on rebuilds with lakeshore lots. Provision of a grding plan is now being required prior to variance approval for all such situations List of Exhibits Exhibit A - Application Exhibit B - Proposed Site Plan Exhibit C - Resolution Approving Items 1-3 Listed Above Exhibit D - Resolution Approving Item 4 Listed Above ^04-3047 September 20,2004 Page 2 of 2 Background . The applicants received a number of variances in late 2003 for construction of a new home. The applicants have not started construction of that new home within the allotted one year which variance approval provides. The applicants are requesting that those variances be renewed an additional year. If granted the applicants would have until September of 2005 to apply for a building permit. Staff maintains that the conditions under which the 2003 variances were granted still e.\ist and therefore the renewal should be approved. The findings under which the previous variances were approved can be found under the “Findings of Fact” section of both resolutions (Exhibit C aitd D). Should the Planning Commission and Council approve the renewal, the resolutions attached as Exhibit C and D would be amended to reflect the 2005 deadline and the code sections would be updated to reflect to re- codification that has occurred since the 2003 approval. Issues for Consideration 1. Does the Planning Commission find that the conditions under which the 2003 variances were approved still exist? 2. Are there any other issues or concerns with this application? Staff Recommendation Recommend that the City Council renew the variances approved in September and October of 2003 consisting of a lot area, lot width, 0 - 75 ’ & 250* - 500 ’ zone hardcover variances, and a lake setback variance stipulating that a grading plan must be finalized prior to final City Council Approval. The lesolutions shall be amended to reflect a September 2005 deadline for building permit submittal, as well as the updated code sections to reflect the re-codification that has occurred since the original approval. ■ *r f I City of Orono Varianc© Application street AMrsss: 2750 Kelley Parkway Ofono. WIN 55356 Application # Main: 952-249-4600 fax: 952-2494616 Mailing Address: . P.O. 6ox 66 Crystal Bayi MN 55323-0066 Date Received: 7 Amount Paid: ^ Staff: ____ gao- SQ,OC , - o r.^ -2coQ^ CO, ^ )CL.CS \C Q ^^""^enewal: S300 ^ ' A<ter-me-tact: Si.ii200 Double Fee rppUCTXi:S'.pp3S^t property INFORMATION: Site Address; /Ut£,<>0 ---------------------- Property Identification Number (PIN). ----------- (Attachlegal description to appliration if "S‘f adjacent pareels. Date Property Acquired (mojtJVyear): Tes, own me , Present use of property; ^Residential □ Otfier ---------------------------------- Zoning District: \ ------------—4.WIIM r—s » - -- APPLICANT INFORMATION: (Complete legal nar.es and marital status required for each Interested party) Address: c/r^CJ ^y f QronO, --------- ■—------ * •---------ala ---- --------------------------------Email:Fax: OWNER information; (Complete teoal nai^s a.-.e moritol slates required for each inlerosted party) Name-- ^ ..SSWF 4fe ^ii£-----Pt,aaa-(:i5rt»---------------------------- Phone (home):------------------------------------- Address: ________________________ Email: ----------- ------------------------------ DESCRIPTION OF request : , Estimated Project Cost % 2DHm Describe the request in detail (attach additional sheets if necessary). ----------------------------------------- l?5-f wa/!00<l i80-l O.A 011080 iO *«sj£;£0 K33-3Z-J<«Y il I required SUBMITTALS: T A^fjT /^PO. AS? Vjg AtXP^Y H/V6 )T All of the following Information must be submitted by the application deadline date In order for your application to be processed. p 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 612-348-6910 O Original Certificate of Survey (signed by a licensed sun/eyor), meeting all the requirements listed within this packet, including hardcover calculations. Also provide one copy 8.5" x 11" or 11" X 17" for reproduction. □ Completed hardcover calculation worksheets (as provided within the variance packet). O Topographic survey - including existing and proposed elevations. Provide one copy 8.5" x 11" or 11" X 17" for reproduction. □ Sketches or plans of floor and elevation views (provide one copy 8.5" x11"or11"x 17"). □ Additional items may be requested by City Staff depending on the scope of the project. * APPLICANT’S ACKNOWLEDGEMENT: The applicant hereby agrees to provide all information required or requested by the Planning Department, agrees to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application and certifies that the information supplied is true and correct to the best of his/her knowledge. The applicant recognizes that he/she Is solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it Is complete or to recommend the request fnr denial of request regardless of its potential merit. s// Applicant’s Signature: Applicant’s Signature: __ Hate: uate:i 7-<^ 7L 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: —c ^ ^ 0 Date: Date: Applicant must have all submhtals 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 Planne assigned to your project. /t l28-j Wfl/COOd ieo-1 Jisremss*CNCSO s3 Ail3-*i3Jd “S£:£3 >0C2-0Z-^ov ti^ Z-Ol @ waUi'p<i<i' 1‘54^'f EXHIBIT A \ fp- gjtmuis: (b\)uJ^' Ito-vb ^.-f- . @ p.UojLr\U(^ vJoJ 53s 2 •76' 6ErBA6^ \ \ JIM I .0 !V a\'ATS c \ ^vc.: T. ^?tqa/"v> #..._ \ i \'V £50.1 V2-OPO, f ® ^f^VEY u>ve\ ^<0.5/|l igt »M.sL'«3.} L»^UN >.,J 0^'*' lakI“S|IS^ A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.25 SUBDIVISION 6 (b), SECTION 10.22 SUBDIVISION 2, AND SECTION 10.56 SUBDIVISION 16 (1) FILE NO. «03-2936 WHEREAS, Bruce F. Meese & Maureen E. Murphy (husband & wife), (hereinafter “the applicants") are the owners of the property located at 3135 Casco Circle within the City of Orono (hereinafter the “City") and legally described as follows: Lot 41, that part of Lot 64, that part of vacated Lake Shore Avenue, and that part of the tract of land between said avenue and the shore of Lake Miimetonka, all described as beginning at the Northwest corner of Lot 41. which point is marked by a Judicial Landmark set pursuant to Tonens Case Number 16333; thence Soutli along the West line of Lot 41 and its extension, a distance of 219.07 feet, which point is marked by a Judicial Landmark set pursuant to Torrens Case Number 16333; thence continuing South along said extension to the shore of Lake Minnetonka; thence Easterly along said shore to its intersection with the southerly extension of the East line of Lot 41; tlience North to the Northeast corner of I.ot 41; thence Northeasterly to a point on the Northeasterly line of Lot 64 distant 30.0 feet Northwesterly from the most Easterly corner of Lot 64, thence Northwesterly along said Northwesterly line to its intersection with a line drawn parallel with and 24.00 feet Southeasterly, measured at right angles from the Northwesterly line of Lot 64 and its extension, which a point is marked by a Judicial Landmark set pursuant to Toirens Case Number 16333; thence Southerly a distance of 51.35 feet, more or less, to the point of beginning; all in SPRING PARK, according to the plat thereof on file or of record in the office of the Register of Deeds in and for said County. (hereinafter the “property"); and WHEREAS, the applicants have made application to the City of Orono for variancis to Orono Municipal Zoning Code Section 10.25 Subdivision (b). Section 10.22 Subdivision 2, and Section 10.56 Subdivision 16 (1) to rebuild a nome on tlie existing lot. t Page of 6 NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota; 1. 0 3. 4. 5. FINDINGS This application was reviewed as Zoning File #03-2936. The property is located in tlie LR - 1C zoning district, which requires a minimum lot area of Vi acre and a minimum lot width of 100 feet. The applicants’ property is .49 acres and has a width of 60 feet. The Plaruiing Commission reviewed this application at a public hearing held on August 18, 2003 and recommended approval of the lot area, lot width and 250-500’ zone hardcover variance based on the following findings: a. The property is .49 acres in size when .50 acres is required. b. The property has a lot width of 60 feet at the shoreline and 75 ’ setback when 100’ is required. c. Because the lot is being reviewed as a rebuild, the lot must conform to current Zonin., Ordinance standards or a hardship shall be presented. d. Due to the configuration of the lot, minimal area exists in the 250-500’ ione, hence a variance to allow excess hardcover for the proposed detached garage is not reasonable. c. Because of sight visibility problems on Casco Circle, a turnaround is necessary to safely exit the drive. The City Council has considered this application including the findings and recommendation of the Planning Contmission, 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. 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 Page 2 of 6 iL [■ I conditions, light, air nor pose a fire hazard c: otlier danger to neighboring property; would not merely serve as a convenience to the apolicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Section 1 0.25 Subdivision 6 (b), Section 10.22 Subdivision 2, and Section 10.56 Subdivision 16 (1) to allow a house to be rebuilt on an existing lot, subject to the following conditions: 1. Council approval is based on the site plan submHted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Approval for hardcover amounts in the 75-250’ and 250-500’ zones are based on the hardcover amounts listed in the plamting report. 22.4% hardcover is allowed in the 75-250’ zone and 37% hardcover is allowed in the 250-500’ zone. 3. The excessive hardcover in the 0-75’ zone will be reviewed separately and isn’t included in this resolution. A resolution addressing the decision on the hardcover in the 0-75’ zone will be drafted once a final decision has been made by the City Council. 4. Hardcover in the 75-2j 0 ’ zone shall be limited to 2,369 s.f. or 22.4% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicants are advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not li’xely be approved without concurrent reduction in existing hardcover. 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 (August 25,2004). Page 3 of 6 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 sliall be punishable as a misdemeanor. 7.The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants ’ heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 25"' day of August, 2003. 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 2003 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 2003 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 lili^Steiiiiiiiiiiriiiiiiiii mi lull I iiiiiiiitttiiiiwiBilliiiiiii Jny i :1 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this day of 2003 by Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this day of 2003 by Notary Public Page 6 of6 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-282 AND SECTION 78-1288 (B) FILE NO. 03-2936 WHEREAS, Bruce F. Meese & Maureen E. Murphy, husband and wife (hereinafter “the applicants”) are the owners of the property located at 3135 Casco Circle within the City of Orono (hereinafter tlie “City”) and legally described as follows; Lot 41, that part of Lot 64, that part of vacated Lake Shore Avenue, and that part of the tract of land between said avenue and the shore of Lake Minnetonka, all described as beginning at the Northwest corner of Lot 41, which point is marked by a Judicial Landmark set pursuant to Tonens Case Number 16333; thence South along the West line of Lot 41 and its extension, a distance of 219.07 feet, which point is marked by a Judicial Landmark set pursuant to ToiTcns Case Number 16333; thence continuing South along said extension to the shore of Lake Minnetonka; thence Easterly along said shore to its intersection with the southerly extension of the East line of Lot 41; thence Notch to the Northeast corner of Lot 41; thence Northeasterly to a point on the Northeasterly line of Lot 64 distant 30.0 feet Northwesterly from the most Easterly corner of Lot 64, thence Northwesterly along said Northwesterly line to its intersection with a line drawn parallel with and 24.00 feet Southeasterly, measured at right angles from the Northwesterly line of Lot 64 and its extension, which a point is marked by a Judicial Landmark set pursuant to Torrens Case Number 16333; thence Southerly a distance of 51 35 feet, more or less, to the point of beginning; all in SPRING PARK, according to the plat thereof on file or of record in the office of the Register of Deeds in and for said County. (hereinafter the “property”); and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-282 and Section 78-1288 (B) to allow a lakeside deck and adjacent retaining walls to remain in the 0-75 ’ zone, such deck and retaining wall constituting structure and 6% hardcover (excluding allowed stairway access) when no structure and QVo hardcover is normally allowed. Page 1 of 6 mm ___- ^ r NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: » i m 1. 2. 3. FINDINGS This application was reviewed as Zoning File #03-2936. The property is located in the LR - 1C zoning district, which requires a minimum lot area of '/a acre and a minimum lot width of 100 feet. The applicants’ property is A9 acres and has a width of 60 feet. The Planning Commission reviewed this application at a public hearing held on August 18, 2003. The City Council reviewed the application at regularly scheduled meetings held on September 8 and September 22, 2003 and granted conceptual approval of the hardcover variance for the 0- 75 ’ zone based on the following findings: a. The nature of the property in the 0-75' zone is steep slopes being supported by retaining walls. b. Currently, the existing lakeshore deck is bolted to a concrete retaining wall which is supporting 8’ of earth. c.After engineering reviews, the interdependency of »he wall on the deck is inconclusive; however. Council action to require removal of the deck may have unintended negative consequences. Should the deck be required to be removed and detached from the retaining wall, there is the potential that the retaining wall may fail, subsequently causing slope failure. d. The existing conditions of the retaining wall and attached deck support the slope. e.Absent the unique conditions noted above, tlie lakeshore deck would normally not be allowed to remain, as it is a nonconforming structure and the property is undergoing a complete teardown/rebuild of the principal structure. Page 2 of 6 4.The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 5.The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a hardcover variance to Orono Municipal Zoning Code Section 78-282 and 78- 1288 (B) to allow an existing lakeside deck to remain in the 0-75 ’ zone, subject to the following conditions; 1.Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are nt in conformity with City codes will require further Planning Commission and City Cour»cil review. Hardcover in the 0-75 ’ zone shall not increase above the 6% level. 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. J.Should at any point in time the retaining wall or deck need to be replaced, the lakeside deck must be removed in its entirety and shall not be replaced. Also, the slope must be re-vegetated with plant material approved by City staff in the event that the deck is removed. As allowed by Section 78-1282, a 32 square foot landing may be consu-ucted in the 0-75* zone in the event that the deck is replaced but under no circumstances may a 32 square foot landing be con, .ructed in Page 3 of 6 i addition to the lakeside deck. The existing lattice work below the deck shall be replaced by vegetation. 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 construction of the new house within one year of the date of Council approval, or the variance will expire on that date (October 13,2004). 6.Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7.The undersigned applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants ’ heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. b Adopted by the Orono City Council on this 13'** day of October, 2003.1 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 . 2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota ^ ..A. -S ^ 1 ^ 1 A I ^ A A ' A mmunicipal 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 2003 by Linda S. Vee. City Clerk of the City of Orono, a Minnesota A ••• _ __________ ________ ^ A. __ ^ ^ ^ 1 ^ ^ * 1a Z' • A __________, ZUUJ oy l^iiKia o. vcc, v^ivjr « municipal corporation and said instrument was executed on behalf of the City. Notary Public < Page S of 6 State of V.nnesota ) ) ss. County of Hennepin ) I'his instrument was acknowledged before me this by Bruce F. Meese, husband of Maureen E. Murphy. day of 2003 Notary Public State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this by Maureen i Murphy, wife of Bruce F. Meese. day of ,2003 Notary Public Page 6 of 6 Date Application Receiicd: 08-18-04 Date Application Complete: 09-13-04 60-Day Review Period Extended: 01-13-05 ^^11• I ti • NUV c. c 2‘JU4 CU f Ur unui>fO REQUEST FOR COUNCIL ACTION Diilc:November 17, 2004 Item No. ^ Department Approval: Name: Melanie Curtis Title: City Planner * Administrator Approval:Agenda Section: Item Description: 1/04-3052 - Uric Vogstrom - 2618 Casco Point Road - Variances S^ning District: Lot Area. Lot Width: LR-IC, One Family Lakeshore Residential, 0.5 acrc/100' 0.47 acrc/20,561 s.f. 100’ parallel to the shore & 80’ @ 75’ setback List of Esbihits: A - PC Action Notice dated 11-17-04 B - PC Memo & Hxhibits of 11-10-04 C - Letter from Mawkins Tree & Laiulscaping dated 11 -8-04 D - Drafl Minutes from 11-15-04 Application Summary: The applicant is proposing 36.8% hardcover within the 75’-250’ zone and an average lakeshore setback variance of 5’ in conjunction with the redev elopment of the lot. I his application was initially denied by the Planning Commission at their October meeting and tabled by the Council on November s"' as the applicant revised the plan after the Planning Commission denial. During the November 15''' Planning Commission meeting, the Planning Commission clarified with the applicant that a 1-story rambler walk-out was proposed. To which the applicant stated that a I-story rambler walk-out was the current plan. How does the proposed home style affect the variances as proposed? Woulil a two-story home warrant similar variance approvals? With regard to the applicant ’s request for an average setback variance of 5’, a two-story home would be a further encroachment into the average lake setback than a 1-story home. The Council should discuss whether vaiiance approvals should be conditioned on a specific home style. Planning Commission Recommendation On November 15, 2004, Planning Commission voted 5-2 (dissen ’lng Commissioners ITit/.ler and Jurgens felt additional hardcover reductions were warranted) to recommend approval of a variance within the 75’-250’ zone for 36.8% hardcover or 2,824 s.f. and an average lake setback variance to encroach 5’ into the average lake setback in conjunction with landscape restoration plan to be approved. Plaaning Staff Recommendation Although the majority ol the Planning Commission concluded that the large 0-75 ’ area and relatively small 75 ’- 250’ area is a hardship to the property; Staff is not convinced that the level of 36.8% is warranted for this specific rebuild. Council should discuss the merits of this request and reach a conclusion as to what level of hardcover is appropriate to the site. i Planning Department Staff recommends approval of the average lakeshorc setback variance; and should the Council find that there is a hardship inherent to the land supporting a hardcover variance an appropriate level should be dctemiincd. Council Action Requested Direct Stair to draft a resolution reflecting Council’s action for adoption at your December meeting. CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 ZONING FILE 04-3052 NOTICE OF PLANNING COMMISSION ACTION DATE OF NO riCE: November 17,2004 TO; Eric Vogstrom 20840 Channel Drive Greenwood, MN 55331 COPIES: Timothy J. Keane Leonard, Street & Deinard 150 South 5“’ Street Suite 2300 Minneapolis, MN 55402 TYPE OF APPLICATION; Variances Planning Commission recommended as follows: To recommend approval of a variance within the 75’-250’ zone for 36.8% hardcover or 2,824 s.f. and an average lake setback variance to encroach 5’ into the average lake setback in conjunction with landscape restoration plan to be approved. VOTE: 5 FOR 2 AGAINST Dissenting Commissioners Fritzler and Jurgens felt additional hardcover reductions were warranted. Applicant’s next scheduled meeting is confirmed as: City Council - Monday, November 22,2004 - Meeting starts at 7;00 pm If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. If you have questions, please call City Planner, Melanie Curtis at 952.249.4627. ..r. 'I -r. i' FILE «04-30S2 10 November 2004 Page 1 oi 2 Date Application Received; 08*18*04 Date Application Considered as Complete: 09*13-04 60*Day Review Period Expires: 01*13*05 To: From: Date: Subject: Chair Rahn and Planning Commission Mcmbeis Ron Moorse, City Administrator f Melanie Curtis, City Planner November 10,2004 lUi 04-3052, Eric Vogstrom, 2618 Casco Point Road, - Variance - public hearing Zoning District: Lot Area: Width: LR-IC, One Family Lakeshore Residential, Vt acre/100 ’ 0.47 acre (20,561 s.f.) 100’ parallel to the shore 80 ’ @ 75’ setback Application Summary: 'ritis application was denied at yoar October 18 meeting. Since that time the applicant has proposed reductions and has been referred back to the Plamiing Commission by the (Tity Council for review of the revised plan. The revised application consists of the following: 1. A hardcover variance for 36.8% hardcover within the 75 ’ - 250’ setback zone where 25% is normally allowed and 27 1% currently exists (45.8% with the addition of tlic 2,652 s.f. area used as the gravel driveway in the right-of-way); and 2. An average lakeshore setback variance to encroach 5’ nearer to the lake than the property to the south. The applicant has submitted a tree and vegetation restoration plan for the property which staff is currently reviewing._________________________________________________ Staff Recommendation: Planning Department Staff recommends approval of the average lakeshore setback variance, and should the Plaiuiing Commission find that there is a hardship inherent to the land supporting a hardcover variance an appropriate level should be determined. Li.st of Exhibit.s A. Survey revised November 8,2004 n. Council Report as of November 4, 2004 FILE #04-3052 10 November 2004 Page 2 of 2 • » Hardcover Calculations; Hardrnver Zone _____Total Area in Zone Allowed Hardcover Exiiting Hardcover Proposed Hardcover 0-75 12,888 s.f. (including non-contigiious proptrty east of Carman Bay) 0 s.f (0%) 0 s.f • (0%) 0 s.f (0 %) 75-250 7,673 s.f _ _ _ A * 1,918 s.f (25%) * • « « • 2,030 s.f* (27.1 %) 2,824 s.f (36.8 %) Hardcover Variance ^ . i. The applicant has revised the plan and reduced the level of proposed within the 75 250 ’ zone. The originally proposed hardcover variance percentage request was 57.9% or 4,442 s.f. At your October meeting the applicant reduced the initial request to 38.9% or 2,981 s.f, this request was denied by the Planning Commission with a 5-2 vote. The applicant has revised the plans to reflect a hardcover variance request of 36.8% within the 75 ’-250 ’ setback, this most recent revision shows a reduction of 157 s.f from the previous reduction. Staff Recommendation Planning Staff recommends approval of the average lakeshore setback variance. Planning Commission should determine whether or not there is a hardship inherent to the land to justify granting a hardcover variance for 36.8% hardcover in the 75 ’-250 ’ setback zone where 25% is normally allowed in conjunction with the redevelopment of the lot. Additionally, staff recommends that any variance approval for this site should be conditioned upon the Council approval of a restoration plan to remedy the vegetation removals conducted on the property during the week of October 11 . 'V X9^ \ II X947.2 'V //* \ !2 “ Spruce ^ \ \ Cohere/e [Pod Jjf Sf7 /V - - ^ J«§ 947.6 X9'08 ?J 00 ] E 7.10-1- torth UnJ of Blockp. Winships isubd. of Lot 1, Sming Park 2nd Addition u^td1 XU4b.U 1 \y<7 e Spruce Stump P \'^y<increte Si 12 q ’juarcs 7 ft k' %Mn Ic944:te^4 ’ Oak . ^4t«------- 'tump c o\ )* \ >948.5,' X93/3/i'* l ee sq n ^ Oi PROPOSED m\f M ^ 690 to 12"*l0af{ '•B 6" Spruce Tree stump location shown , os per client o not field verified \ /■ ,>■>''' r' ' ^---- to IS>A ^'^win B’Tr^Stu!*' ^ f^iO“ Spruce Stump ir *'> / 931.0 4 6 “ Elm SJpg^ 94.9 W sp^ce Stump 'J ,0^*-' m 4 “ Maple Stump X947.1 ^ X94ftj :^-946 8 ^0 ,942>3 'PROPOSED <^44 $0, fT. j?" Ash Tree stump location shown as per client not field verified S. ■■ WVCftT' y^^yne Pel. Wall _S/ai4^^” 7 '-2-^A-r/j\j2' Spruce Stump '* „!?^ 'X941.9 7 y round 944.1 8" .Spruce X9J7. 'tump V / v93: 161. h S!89'2J 00” E J4" Elm ,5 ?/930., ^ found /Broken CPC ^tumpf^^ pQj. 2'' Eim Tree stump ^ ^ location shown ___ os per client not field verified S \t C\ \V / / / ■7^ / / 7 Z 7 7 07 / 7 / Date Application Received: 08*18-04 Date Application Complete: 09-13-04 60-Day Review Period Extension Expiration: 01-13-05 REQUEST FOR COUNCIL ACTION Date: November 4, 2004 Item No. Department Approval: Name: Melanie Curtis 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,'/: 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. Vogstrom ’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 Octobei 20, 2004 (Exhibit A) for the most recently revised plans and hardcover. Planning Commission Recommendation This application was first heard by the Plarming 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 Plamiing 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. iam !• CITY OF ORONO 2750 Kelley Parlovay 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 COPIES:Timothy J. Keane 20840 Channel Dr Leonard, Street & Deinard Greenwood, MN 55331 ISO South Fifth Street Suite 2300 • Minneapolis, MN 55402 TYPE OF APPLICATION: Variances DATE OF MEETING: October 25,2004 VOTE:5 FOR 0 AGAINST Motion: To table tlie application as requested by the applicant. Your application is hereby tabled to the November S'” City Council meeting. If you have questions please call Melanie Curtis, City Planner, at 952.249.4627. . t f i i H i 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 KUfl Administrator Approval:Agenda Section: Title: City Planner Item Description: #04-3052 - Eric Vogstrom - 2618 Casco Point Road - Variances Zoning District: LR-IC, One Family Lakeshore Residential, 'A 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. Ai 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, the 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. Planning Commission Recommendation This application was first heard by the Planning Conunission 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. 2 , I EAMCO-.-XS CAiCLXA-nor SfeT3AC< I0^1:: (C3.C12 O.V2)C-***V*. • 150-£C* u* 5C *> 1 -" V* • \ ^ Hr:55 usz^^."z:^. X X 3. CtL-iss C Drr/r^*2y X X D. Sldc^v X X E. Piiic/Teck X X F. Landscape CiO*^'^ i~Cp Underlain --------------------- By Plasrlc --------------------- X X• X G. Other ICO rnnnrr" »>»°cnvo m zma ^ A. House — Laete w^dai X X X a Girt»« C. Drivewy X X D. Sidcwtfli X X E. X X Undsriiin By Plasic X X C. Ctir A ‘IJcj’LA * » - /" w « 5jr. c * ?><5'7 S’. S*3. Alt s.?. SJ. S*x • s:f. 9 nz.9. s.?. A •') c "7 S J. B 7? V -A. % =- S.F.J V -TV - S«^ • S-F. > ■%•SJ. S.r. ’ SJ. \ O (^ S.F. SJf. \AA“ s.f. SJr. SJ. o.r C C SJ. •~T ^ ~~7 ,T S.r. 2 X ICO -:C;-.;-*:■y» 11 . f •. f . i t & CITY OF ORONO 2750 Kelley Parkway PO Box 66 Crystal Bay, MN 55323 952.249.4600 ZONING FILE 04-3052 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: October 19, 2004 TO: Eric Vogstrom 20840 Channel Dr Green od, MN 55331 COPIES: TYPE OF REQUEST: Variances DATE OF MEETING: October 18, 2004 Planning Commission voted on a motion to deny the variance request in its entirety; the vote was as follows: VOTE:5 FOR 2 AGAINST (Bremer, Rahn) Applicant’s next scheduled meeting is confimied as: City Council - 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 after review and approval by the Planning Commission If you have questions, please call City Planner, Melanie Curtis at 952.249.4627. CITY OF ORONO 2750 Kelley Parkway PO Box 66 Crystal Bay, MN 55323 952.249.4600 ZONING FILE 04-3052 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: September 23,2004 TO: Eric Vogstrom 20840 Channel Dr Greenwood, MN 55331 COPIES; TYPE OF REQUEST: Variances DATE OF MEETING: September 20, 2004 Planning Commission recommended as follows: The application was tabled in order for the applicant redesign the proposal to reduce overall hardcover level proposed and to meet the 5’ side street setback. VOTE;6 FOR 0 AGAINST Applicant’s next scheduled meeting is confirmed as: Planning Commission - Monday, October 18,2004; Meeting starts at 6:00 pm If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. If you have questions, please call City Planner, Melanie Curtis at 952.249.4627. M X1 1 r FILE l»0«-3052 October 14. 2004 Page 1 of 4 Dale Application Received: 08*18-04 Date Application Considered as Complete: 09-13-04 60-Day Review Period Expires: 11-13-04 To: From: Date: Chair Rahn and Planning Commission Members Ron Moorse, City Administrator Melanie Curtis, City Planner ||^ October 14,2004 Subject: ’ 04-3052, Eric Vogstrom, 2618 Casco Point Road, - Variance - public hearing Zoning District: Lot Area: Width: LR'IC, One Family Lakeshorc Residential,'/] 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 nonnally allowed and 27.1% currently e,\ists; and 2. A variance for side street setback of 10 ’ where a 15 ’ setback from the adjacent right-of-way is normally required; and 3. An average lakeshore 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 *he hardcover variance as proposed as tliere are no hardships to support the variances as requested. Hardship: Staff does not find that there is a va ’’d 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 A T1/,.- ft S. Revised Survey dated 10-13-04 C. Revised Hardcover dated 10-13-04 D. Revised House Plan & Elevation 1 ►M FILE #04-3052 October 14, 2004 Page 2 of 4 Background This 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 redesi^ed the proposal in an attempt to further reduce hardcover. Additionally, the applicant has proceeded with tree removal in preparation for redevelopment of the property. The applicant performed this work without City approval or permits. The City is now in the process of analyzing the number of trees lost and an appropriate restoration plan. Staff recommends any variance approval include implementation of a Council approved restoration plan. LOT ANALYSIS WORSHEET Lot Area/Width: LR-IC Lot Area Lot Width Required 21,780 s.f. ('/j acre)100’ Actual 20,561 s.f. (0.47 acre)100’ @ shoreline 80’ @. 75' setback Setbacks; LR-IC Required Existing Proposed (Revised) Lakeshore 75’80’ (home) 78 ’ (deck) Rear 30’30’ North Street Side 15’10’ South Side 10’13.2’ Average Lakeshore The home on property to the south is set back 86 ’± from the OHWL; the applicant's proposal shows a 75’ setback. Technically, the applicant needs an average lakeshore setback variance however; lake views from the property to the south will not be impacted by the applicant ’s proposal. Structural Coverage; Total Lot Area Total Structural Coverage 20,561 s.f (0.47 acre) Approximately 16,400 s.f. not including the portions of the property to the East of Carman Bay Allowed: 3,084 s.f (15%) Proposed; 3,002 s.f (14.6 %) Adjusted Allowed: 2,460 s.f. ^ 15% of 16,400 s.f. FILE #04-3052 October 14, 2C04 Page 3 of 4 Hardcover Calculations: Hardcover Zone 0-75 75 - 250 Total Area in Zone 12,888 s.f. (including non- coniiguous property east of Conran Bay) 7,673 s.f. Allowed Hardcover Os.f (0%) 1,918 s.f. (25%) REVISED Existing Hardcover 0 s.f.* (0 %) Revised 2.0S0 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 Flanning Commission slia'.l consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger offire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual propert}- 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. 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 use of the right-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% hardcov er limit. The applicant has proposed to redevelop the property, where the Planning Commission has consistently required full compliance with all regulations. Staff finds ' ! > » i FILE #04-3052 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 2S% 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 11^ ii intiitagHiiMiiiriiiiiiii i '■wm^i '-r- *] t ■ bl SSTSACX zo>-x; (c::^ciz c.nz ) o-rr E-AHTCO’^IS. CALCuLATIOri TvCKKS^ZT - -----------^ 150-fCu*.* 75-^OV yyr.sTT^G ^.a ’R-TjCO^'T^ ly zo^ A. Hc*:5S _________________X X Lt—• •» <v c* C Srirrrty /I D. S'.cswiDc ' X E. -pacc/'Dedc X X F. LasSSce Undcriain By Plasdc Co9 t'Tc T X X X G. Other Untb ?- TOTAL HARCCOVS3. IN ZONE TOTAL PROPERTY AREA IN ZONE ■!■ B ______X too ^oopnsgn f AgnrovEa m zone A. House _____________— * Lafm Wlctti X X X B. Gan^e C. Drive^fay X X D. Sidc^^X X E. Pano/Dcck.X X tr f • • ■* — ■■■ '*«*r Undsrixa By Plastc 0. Cti? X ’I**«* X X TCT.J^ KARTCC^'ER IS ZCNH __ TOTAL PROPERTY ARE.A IS ZOi X ICO 11 murrCx 7/-4'c r SI. C T «>- -• • ^ w*^• X • m * S 41 S J?. S J. 4-/^SJ. SJ^. 1C4 SI. s^. i6 s.f. SJ. S.r. 1 S.F. 'U,€o S.F. A •■/17>SI. B % .f \ l£rf4'S.F. 1 S.F. SJ. S.F. %SJ. 8lh _SJ. SI. SJ. ■/Z3 S.F. S.F. S.F. 3^. Q cW»4 ■ SJ. IS9BI f 5 7• n^ii C T /O '‘i'd ,o|5 ' •'7 ' ” '. MAIN FLOOR PLAN 2065 sq ft ©c.p MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 20, 2004 6:00 o’clock p.m. (^04-3051 Ke>'in and Julie FitzpWrick, Continued) Gun^ch indicated people are aUow«^ stairway to the lake. Jurgens JWted he also is persuaded somewhat by the fact that this neighoSij^ood is gradually goi towards thcNbrger lots, which is changing t^character of the area. Fritzlcr stated ji^bccause someone buys a lot lake, they should not be exp^d to sit on that lot for a period of tinVuntil additional property can o^cquircd in order to create a larWr lot. Fhtzler ^ated he would prer^to see the residence a little bi^OTallcr and a little bit lower jus^^reduce the ^earance that it is a am structure on a small lot, but ntet he generally docs not have dis\reement with the pi^DOsal. Kemp^tated if a purchaser u^ot allowed to build a decent mime to live in on these small lots? rcmovc^^is type of lot from tlVmarket. Kempf stated he is im&vor of the proposal. Leslie thanlvd the neighbors for thfltcomments on this proposal. Leslie moved^empf seconded, to recommend approval of a lot arem^riance, lot width variance, and north and »mth side yard setback ^teances to permit constructiomof a residence located at 356 West Lake S»ct. VOTE: Ayes 5, Na^, Jurgens Opposed. Jurgens stated he is opposed to the approval because he does not sec a hardship for the variances. 8.#04-3052 ERIC VOCSI ROM, 2618 C.'ASCO POINT ROAD - V'ARIANCE Eric Vogstrom, Applicant, was present. Curtis staled the applicant is requesting a number of variances in order to construct a new single-family residence on the property. The variances being requested are a hardcover variance for 57.9 percent hardcover within the 75 ’-250’ setback zone where 25 percent is normally allowed; a variance for a side street setback of 10 feet where a 15-foot setback from the adjacent right-of-way is normally requited, and an average lakeshore setback variance to encroach 10’ nearer to the lake than the property to the south. Curtis stated the current home on the property is set back appro.ximatcly 86 feet from the ordinary high water level, with the applicant’s proposal showing a 75-foot setback. Curtis indicated the V'icw of the lake from the property to the south should not be impacted by the applicant’s proposal. Curtis stated bordering the applicant’s property to the north is an undeveloped public nght-of-way. The applicant’s property is approximately SO feet in width. Allowing for a 10-foot setback on the south and a 15-foot side street setback on the north leaves a 55-foot wide buildablc area. It is Staffs opinion a reasonable home can be constructed within this area. The applicant is proposmg 57.9 percent hardcover for this lot, wit'n a 3,002 square foot footprint to essentially max out the 15 percent strucroral coverage amount based on the total dry land area. The total property area is 20,561 square feet; however, this includes approximately 4,000 square feet separated PAGE 20 1 4 r MLNUTES OF THE ORONO PLANNLNG COM^HSSION MEETING Monday, September 20,2004 6:00 o’clock p.m. (#04-3052 Eric Vogstrom, 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 strucb.ral 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” clanfy whether the lot coverage percentage should be based on contiguous area. The definition of minimum lot area found in the Subdivision Code would disallow noncontiguous land to be credited toward lot area. Curtis stated the applicant is proposing a 3,002 square foot footprint, 1,225 square feet of driveway, and 215 square feet of sidewalk to make up the 57.9 percent hardcover. There are no patios proposed and only one 18 ’ by 1 1 ’ deck on the lakeside of the home. Curtis 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 down to a reasonable level Staff finds that there is no hardship mhcrent 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. Vogstrom 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 docs not include anything for a pad and driveway, which exists on the north side. Vogstrom indicated at the present time there is no way to access the garage without going over the right of-way. Vogstrom noted the current structure is located 21.8 feet away from the street and is nonconforming. Vogstrom indicated he would be willing to restore the right-of-way at his expense if the city is willing to work w ith 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 his land is not contiguous. Vogstrom stated in his opinion the proposed residence coafonns more with the rest of the neighborhood than what currently exists. Vogstrom noted the property at 2601 Lafaycne Road was granted hardcover in excess of 25 percent. Vogstrom stated the current structure is 1184 square feet and is figured at 26.4 percent hardcover. PAGE 21 I. ^^NUTES OF THE ORONO PLANING COMMISSION MEETING Monday, September 20, 2004 6:00 o’clock p.m. (#04-3052 Eric Vogstrom, Continued) Barbara Essen, 2648 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 thi'j 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 downspouts, which would also help to alleviate their concerns regarding runoff Barbara Essen stated they are not opposed to the larger dnveway since parking along Casco Point Road is a problem at times. Essen indicated the applicant has also expressed a willingness to preserve 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 encroachinent into the right-of-way. Vogstrom stated the majority of the trees are 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 footprint of over 2,000 square feet. Fritzlcr stated he docs not see the need for the 57.9 percent where 25 pciccnt is allowed and 26.4 percent currently exists. Fritzler stated he does not see the hardship for the it.crease in the hardcover. Fritzler stated he is also opposed to the 10-foot setback, Bremer inquired what number Fritzler would like to see for this lot given its 'cstrictions. Fritzlcr stated he would be willing to approve 27 percent hardcover for this lot, but that he does not see any justification for the additional hardcover or encroachment. Kempf stated he is in agreement with Fritzler and that the plan appears to have been laid out without any consideration for the hardcover restnctions Kempf mquircd whether the applicant would be adding 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 feels the 27 percent is low given the restrictions of this lot. Rahn commented he also feels this is a hardship lot but that it docs not justifs- the 57.9 percent hardcover being proposed. Rahn stated m his vnew more effort needs to be made *.o reduce the hardcover and that the structure could also be reduced to eliminate the need for the side street setback vanancc. PAGE 22 « ^ * ' • 4 V «• Jim ^ > r r- \nNUTES OF THE ORONO PLANNING COiVLMlSSION MEETING Monday, September 20, 2004 6:00 o’clock p.m. (#04-3052 Eric Vogstrom, 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.\isting str-cturc, 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 property currently is accessed from the right-of-way. Paul Raster, 2600 Casco Point Road, mdicates 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 stated 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. H Fntzler 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 safe*y, which need to be considered. Gaffron noted there is a slight cutv’c on Casco Point Road that may dictate where the driveway is located. Rahn stated it appears the Planmng Commission would like to see the proposed hardcover reduced and that the Planning Commission at this time is not prepared to set a definite percenuge. Rahn suggested the applicant consider tabling his application to allow him time to redesign his plans. Rahn stated another option would be for the applicant to decide whether he would like to remodel the existing structure. PAGE 23 •» ■ « MLMJTES OF THE ORONO PLANNING CONEVHSSION MEETLNG Monday, September 20, 2004 6:00 o ’clock p.m. (#04-3052 Eric Vogstrom, Continued) Vogstrom 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 markers 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. Leslie indicated it 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 table his application. Vogstrom requested his application be tabled. Rahn moved, Leslie seconded, to t.'ible Application #04-3052, Eric Vogstrom, 261S Casco Point Road, to allow the applicant time to resise his plans. VOTE: Ayes 6, Nays 0. 9. REDORT OF PLANNING^MMISSION REPRESWCTATI\ES ATTEyDING COUNCly>IEETINGS AUGUs/23 AND SEPTEMBER 1^2004 PLANNING C^IMISSION CO>LME>'TS 9. REDORT ( COUNCIVMEET Leslie indicated he attended tho^ugust 23"* Council meetii^whcrc a member o)rhc public had inqu^d about the steps bein^aken to address the coyot^roblem. The rcsid^t had indicated that an incasing number of dom^uc animals have been disaypcaring. Leslie noty ;his matter has been tf/ened to the police depirtment. Leslie stated one of ix Council members had th^ed the Planning Co/m:ssion for their efforts at addressing the issuaf coming before the City. I^lie noted the Couni^docs limit public commenj five minutes at tl^ meetings, which may helj^icople in aitcndanceyft Planning Corrjnission ny tings streamline their/omments. Gaf&on statcathat language could be ad«d to the Planning Commission agendas PAGE 24 \ 1 muh\r D 2- MINUTES OF THE ORONO PLANNING COMMISSION MEETLNG Monday, October 18, 2004 6:00 o ’clock p.m. Gaffron stated Stajfnas not conducted a specific inventoorto determine that, buU^thc few instances they arc aw^ the lots arc genarally large enouglymat they should be ablc^ meet a 50-foot setbac llms the consensus o^me Planning Comamssion to leave the 50-£^t setback as is. Bremer reconimepMd the second powitial in (c)(2) be elimiruned and the ampers^ u between wear and tear be ck^ged to the word/lnd. Rahn m^ed, Fritzler seconded, to recommend anproval of the prop* ^d amendment to Seeffon 78-1577(c) reatuding exterior storagein R Districts, estajj Kiting a one-time permit ire-existing userym coucinue the storage^large vehicles uij er certain conditions. VOTE: Aye^,NaysO 3.#04-3052 ERIC VOGSTROM, 2618 CASCO POLNT ROAD - VARIANCES, •V'y6:17 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 r I MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 18,2004 6:00 o ’clock p.m. Staff rcconunends approval of the average lakeshore 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 olan 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 downspouts, dram tile, and construct a swale between the two propcities. Essen stated he agreed to work with Vogstrom on trimming his trees in an effort to improve Vogstrom ’s view v/f the lake. Essen stated last week Vogstrom had a tree service come in who illegally took down two mature trees on his property as well as other trees and vegetation on his owm 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, 260C 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 two 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 aA'are the tree company was going to remove as much vegetation as they did. Vogstrom indicated he did ask the tree removal company to contact Staff regarding this incident, but that he accepts full responsibility for the mistake. PAGE 6 1 I' MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 18, 2004 6:00 o’clock p.tn. Rahn noted the applicant has made some hardcover reductions but that the proposed residence is still 10 feet from the right-of-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 hees 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 infomicd him that the City Engineer did not have any issues with the drainage. Vogstrom indicated the property at 2SOO 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’. Vogstrom 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 tt 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 constructing a three car PAGE? 4 1 illiiiiiiri iiiilirthiii I' I MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 18,2004 6:00 o’clock p.tn. 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 arounu '-y 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 sec 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 #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. PAGE 8 miidl 'S• . 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 dectsions. 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 lakeshorc 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 lakeshorc on this propeity 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 dors 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 NEW USINESS #04-3042>I^LAR HOMES ON JlEHALF OF ROGER &J ?AROL ROMCK, 6:3^^:20 p.m. 1625 BOHNS POINT ROAD - AEPER-THE-FACT CONDmONAL USE PER^U PAGE? d 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 Dear Ms Curtis, After 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 L.ed a tree service, which in addition to illegally cutting trees on his own property and neighboring public property, carne 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 1 do not believe he will voluntarily honor any of his previous commitments regarding drainage or tree preservation and 1 am strongly against granting the requested variances. Additionally I request the City En^neer 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."^ Jiff Esseh / 2648 Casco Point Road Orono MN 55391 l***^****-*-***"**-***^*^-------------------------^■*— V. •; J CITY of ORONO Municipal Offices Street Address: 2750 Kelley Parkway Orono, MN 55356 Mailing Address: P.O. Box 66 Crystai Bay. MN 55323 0066 October 25, 2004 Eric Vogstrom 20840 Channel Drive Greenwood, MN 55331 RE: 60-Day Review Period Exteosion 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 dale 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 Telephone (952) 249-4600 • Fa* (952) 2494616 www.ci.oroDOJna.as aawMnie I ft. Os % A • % '• i;CITY of ORONO Municipal Offices Street Address: 2750 Kelley ParKway Orono, MN 55356 Mailing Address: P.O Bc> 66 Crystal Bay. MN 55323 0066 November 3,2004 Eric J. & E. A. Voptrom 20840 Channel Drive Greenwood, MN 55331 RE: 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 the adjacent wetland without City permits. Vegetation retnoval 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 th j City Inspector. Hawkins Tree & Landscape (your contractor) removed trees and brush from your property within the 75 ’ setback, on the neighboring properly 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 discemable for all 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 subn.i'ied for review and approval by City Staff and City Council. This restoration plan must indicate the re-establisliment of the canopy and ground cover in order to restore the property to its pre-existing condition. Further, the landscape plan should provide t’ne following; Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.oroQO.mii.iis anaTTi. s.., 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 determined 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 covena', shall be filed requiring replacement of dead or dying trees and allowing 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 this matter is appreciated. Please contact me at 952.249.4627 if you have any questions. Sincerely, \hjXUAl(MOu£i^ Melanie Curtis City Plaiuier *<Sr. - \ gXKf'i'-'i Qz- „ffo o\ ‘V '■'^ A. V • i'.CITY of ORONO Municipal OfTices ?*aj«o5-/ Street Address; 2750 Kelley Parkway Orono, MN 55356 Mailing Address: P.O. Box 66 Crystal Bay. MN 55323-0066 October 14, 2004 Eric J. & E. A. Vogstroni 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 witliin 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 Miiuiehaha 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 in 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 Overlay 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. Teiepbone (952) 249*46(K) • Fax (952) 249-4616 www.ci.orono.iim.us 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 forw'arded to the City’s Prosecuting Attorney for issuance of a Formal Complaint. Resolution of this matter will begin with the following: 1 Your iimnediate placement of erosion control and soil stabilization methods; and 2. Submittal of a suiv'ey 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 re-establishment 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 schidule must be received no later than 4:30 pm on October 21,2004 in order to avoid ler^al 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 appreciated. Please contact me at 952.249.4627 if you have any questions. Sincerely, Melanie Curtis City Planner c:Thomas J. Banett, 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 Vogstrom 2618 Casco Point Rd 14 October 2004 Page 2 [and apparently on your m City right-of-way) is in )de is a misdemeanor and ttomey for issuance of a tabilization methods; and le location, diameter, and cut by your contractor on Dfessional which must be tion plan must indicate the der to restore the property schedule must be received Ic'^al action and to ensure timely marmer. City Staff : that the erosion control ition is complete. Your 952.249.4627 if /ou have la Creek Watershed District nterbury Rd, Shakopee, MN LEONARD, STREET AND DEINARD PROFESSIONAL ASSOCIATION cor 2 5 'iOj October 22, 2004 Timothy J. Keane 612-335-7192 tim.keane(r01eonard.com Via Fax (952-249-46161 and U. S. Mail Ronald Moorse Citv 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 puipose of this letter is to respectfully request that City Council agenda item 8 referenced as i#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 S. Kear TJK-.vn cc: Eric Vogstrom ISO South firiM Stmet Suite 1500 Minneapoui , rvtiNHifOTA 55401 Tee 611.335.1500 Fax 6ii-335-i657 LAW OrnCif IN MINNEAPOLIS, SAINT PAUL, MANKATO, SAINT CLOUD AND WASHINGTON, D.C. WWW.itONAKD.COM IK 2m 17^' VlKaiE HOMES il A^CE SURVEYING A ENGINEERING CO. ' H^\. No- lOI MN IWw <V52» 474 TWH 14« 474 »? i. m yOGUE HOMES vT>r.!i. sm>i.7nn PHAnrn juU2.'.:i«w >>r.r^ Au|^%t III. 2W4 i«< ttii.iil’% pn*pi*»jit n* rvimnc cxi^unj: iinnr»*»ktiK-m* jii»I htiUJ 4 iM«nc mh I with »Miri4UNl i^raihn^. Hir H k * c Iuim S «m1 i««f iIk foicw i»i 'laiKiMal I^CO Akiy«»»4 l>t. 2UIU k* pLm 2^;!^ N^fMcivkvr in. 2iah u « Jiuw mt«v «,‘%cUu«t: tufui m« ti4 to NiktUi jum I tvt i«^*l «t% A <»cii4i»ff ft. 2nn4 k» i4iii« iJif ’x**"'* hiimc. ikvi. wait, tinxx ami arv.1* ihwTcol »^r> > * Aiiihci 1.1. 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VS Nn unlett PROPOSCD WALK 106 SO rr— / •'1 \ I kinco —J? 8??m • I • • V •JVOi£ t 4 Smn 4kr a» n Of SB. 1 . 'N V» 4i tr Om S B97JI RocicJ —160 00 — 5 097X00' C *g^wii. (■Jr.ir.provHdj S S97r00 ‘ £ —9J ts— \ rn> ;s /} ‘ VC^20*3 ••MM* M X*097X00' f I CRAPHIC SCALE imfmn Drw. No. 040838 M^^HAWKINS tree & LANDSCAPING, INC>i^ 1776 Canterbury Road ShakopeeMN 55379 (952) 445-1511 (612) 366-5566 November 8, 2004 Dear Council Members and Department of Natural Resources Officials, Eric Vogstrom hired Hawkins Tree & Landscaping, Inc. for clearing his lot for construction of a new house. While doing this I observed large groupings of Dutch Elm diseased trees down by the lake, which my pictures will indicate. In discussing these trees with Eric, I told him they were in unstable condition and could not be climbed and they had to be dropped. We also discussed the fact that they may damage other trees in the process. I didn’t realized that I was in Department of Natural Resources territory. I am sorry that this matter happened but I will work with the Department of Natural Resources to restore the area. Respectfully submitted, Mike Hawkins Owner f MINUTES OF THE ORONO PI.ANNING COMMISSION MEETING Monday, November IS, 2004 6:00 o’clock p.m. OLD BUSINESS 2. #04-3052 ERIC VOGSTROM, 2618 CASCO POINT ROAD - VARIANCES, 6:02 - 6:20 p.m, Eric Vogstrom. Applicant was present. Curtis noted this application was recommended for denial at the October Planning Commission meeting. Since that time the applicant has proposed reductions and this matter has been referred back to the Planning Commission by the City Council. The revised plan consists of a hardcover variance within the 75 ’-250 ’ zone ol 36.8 percent hardcover and an average lakeshore .setback to encroach 5* nearer the lake than the properly to the south. £ Curtis stated the applicant has submitted a tree and vegetation restoration plan for the property, with Staff currently reviewing that plan. Staff recommends approval of the average lakeshore setback variance, and should the Planning C'ommi.ssion find that there is a hard.ship for this lot inherent to the land, an appropriate level of hardcover should be determined. Vogstrom stated he did calculate the amount of hardcover on the rightH)f-way. which is being u.sed currently for access. Vogstrom noted there is no driveway currently on the property. Presently there is 2652 square feet of hardcover within the right-of-way, bringing the total existing hardcover on just the lot to 2080 square feet and combined it would be 4,732 square feet. Vogstrom indicated he is requesting a hardcover variance to allow 2,824 square feet, which is a reduction of approximately 1900 square feet. Rahn inquired whether the applicant intends to u.se the rightnif-way for access. Vogstrom stated he does not. Rahn asked H>r public comments. There were no publie comments regarding this application. PACE 1 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 15,2004 6:00 o’clock p.m. Rahn stated he has reviewed what has been discussed at the past meetings, noting that the middle third of this lot consists of a lake. Rahn stated in his opinion it is a hardship lot and it should be grunted some variance at a level determined by the Planning Commission. Rahn stated in a typical lakcshore scenario. if the 4,100 square feet were dry land, the application that has been submitted would be within the 25 percent. Rahn noted two-thirds of this lot lies within the 0-75' area. Rahn inquired whether the lot is undersized and whether a lot area variance is also required. Curtis stated the lot is 80 feet wide, with the area of the lot meeting 80 percent of the requirement. Rahn stated he would not be opposed to .15 percent hardcover on this lot. Bremer stated she feels the reductions being proposed are good and that the present plan is a much more reasonable plan. Bremer indicated she likes the proposal to shill the new house from the side lot because it reduces the number of variances required. Bremer stated she does not have a problem with the average lakcshore setback variance given the location of the property. Bremer stated given the si/e of the driveway that is required and the available fiK>tprint, hardcovei of 2,824 square feet is probably below what would normally be requested and is in line with the rest of the neighborhood. Bremer stated in her opinion it is a hardship lot and .she would be open to suggestions concerning the amount of hardcover. Bremer inquired whether any Commissioners had any ideas for where the hardco\ er could be reduced further. Fritzler stated he would prefer the hardcover be reduced even further. Frilzler staled in his opinion the property owner has not done enough to try to build within the restrictions and that he would like to see the hardcover at 25 percent. Fritzler indicated he does not want to see the hardcover increase in the ne.xt few years from what is approved tonight. Leslie commented that consideration should be given to the fact that the proposed hardcover calculation now includes a driveway where the old hardcover number docs not include a dnveway. Leslie noted there is u three-car garage and inquired whether the garage could be reduced to a two-stall garage in an PAGE 2 IMINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 15,2004 6:00 o ’clock p.m. effort to reduce the size of the driveway and the amount of hardcover being proposed. Leslie indicated he does not feel a three-car garage is essential. Winkey inquired what the square footage is of the proposed driveway. Curtis stated it is 690 square feet. Winkey noted if a driveway similar to the current driveway were to be constructed, the hardcover would be approximately 2,600, 2,700 square feet. Vogstrom stated he does own three cars and would like to build a home that is marketable in today's world. Vogstrom stated a three-car garage is standard nowadays. Vogstrom noted the floor plan is less than 1100 square feet and that in his opinion he is not able to reduce the hardcover any further. Vogstrom indicated he does not plan to increa.se the hardcover in the future since he has accounted for a deck and other items in the current design. JetTILssen, 2648 Casco Point Road, noted he was pre.sent at the first Planning Commission meeting where he expressed some concerns regarding drainage and off-street parking. Essen stated the street is rather narrow and the traffic goes through that area quite fast. Essen indicated he would not be opposed to granting some additional hardcover to accommodate parking on the lot rather than the street. Paul Raster, 2600 Casco Point Road, stated the exi.sting driveway exi.sls totally in the fire lane, and questioned why the Planning Commission would take that piece of property and grant it as hardcover to the lot. Raster stated the portion of the driveway that is located in the fire lane is a large section. Raster slated that i.s not part of the property and should not be included in the area used to determine the appropriate hardcover. Rahn noted there i.s a large amount of hardcover in the fire lane, but indicated to his understanding the Planning Commission is not swapping that same square footage and allowing it on this property. Raster inquired how much of the hardcover in the fire lane is being granted to the lot. Bremer indicated zero. pa<;e 3 !| MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November IS. 2004 6:00 o'clock p.n>. Kempf stated the applicant has indicated the proposed hardcover docs include hardcover for a driveway that would now be located on the lot rather than in the fire lane, which results in a reduction in the amount of total hardcover for this lot. Kempf stated the hardcover that is currently in the fire lane would not factor into what will be built on this lot. Rahn noted the hardcover that currently exists on this lot does not include a driveway. Kempf stated what happens in the fire lane does not factor into the amount of hardcover for this lot. Winkey indicated the applicant currently has a property that does not include a driveway in the calculation of hardcover on the lot. Winkey stated the amount of hardcover being proposed by the applicant is similar to the amount that would be required if a driveway had been located on the property originally. Winkey stated realistically a driveway is required and the applicant should be granted some hardcover to accommodate that, which comes out to approximately 35 percent. Vogstrom stated overall the future hardcover would be 1900 square feet less with the new proposal. Leslie stated the 690 square feet for the driveway is now presumed to be part of the lot and that the hardcover in the fire lane is not being added to the amount that would be allowed. Jurgens inquired what 690 plus the existing hardcover number comes out to. Vogstrom stated it would be 36.1 percent hardcover. Rahn stated due to the configuration of the lot and the two 0-75 ’ zones, it only lcavc.s 7,600 square feet in the 75-250 ’ zone. Rahn stated the /ones established by the City do not always work on lots similar to this property and that if the City only required a ccitain percentage be met, this discussion would probably not be necessary. Rahn noted due to the small amount of buildable land within the 75 ’-250’ zone, the hardcover percentage would be larger than normal. Rahn indicated he docs not feel the driveway can be reduced further. Essen inquired whether the hardcover on the right-of-way would be removed. PAGE 4 MINUTES OF THE ORONO PI.ANNING COMMISSION MEETING Moaday, November 15,2004 6:00 o’clock p.m. GafTron stated that issue should be reserved for the City Council and perhaps in conjunction with the Park Commission and the Public Works Department to determine what the function and potential use of the fire lane is and whether the existing hardcover needs to be there to serve some public purpose. GafTron stated the final decision concerning the driveway in the fire lane should be up to the City Council. Essen Indicated he would not be opposed to shifiing the house five feet to the north and have a variance granted in order to give more room to deal with the water runofi'on the south side of the house. Vogstrom stated he also would prefer moving the house five feel to the north to avoid driving over tree roots and to improve the grading situation. ^ ■ Rahn noted Greg Gappa of the Public Works Department has been consulted with and has indicated he did not want the house to encroach on the fire lane. Rahn stated he would prefer not to have to grant that variance. .. NT Bremer inquired when this would appear before the City Council. Curtis stated she was planning to have it ready for the next City Council meeting. Rahn suggested the Council discu.ss the possible encroachment at their meeting since the Public Service Director would be in attendance at that time. Jurgens inquired whether the applicant was planning on having Spancrete in the garage to allow for an area underneath the ganige. Vogstrom stated he is not sure how he would be able to access that. Jurgens noted If there were an area underneath the garage, a landing might be preferred. Jurgens indicated he is in favor of hardcover at 35 percent. Jurgens staled he diK*s have concerns about people buying substandard lots and then wanting to construct a new residence on it. Jurgens stated the three-car garage and other features to this house are not a hardship. Jurgens staled he has a concern with the lakeshore setback since the house could be angled a little more and perhaps slightly reduced, which would eliminate the need for the average lakeshore setback. Jurgens PAGE 5 ili K MINUTES OF THE ORONO PLANNING COMMISSION MEETING Moaday, Novenbcr 15,2004 6:00 o’clock p.m. commented he understands the house has been placed at an angle to allow for view of the long side of the lake, but that in his opinion the house could be angled slightly to eliminate the need for that variance. Vogstrom indicated he was surprised a variance would be needed given the distance from that point to the neighbors. Raha moved, Bremer seconded, to recommend approval of Application MI4-3052, Eric Vogstrom, 2618 Casco Point Road, granting of a hardcover variance of 36.8 percent hardcover in the 75’>250’ setback zone, a variance for a five foot encroachment into the average lakeshore setback, and to recommend approval of the tree restoration pian subject to Staff review and City Councii approvaL Rahn noted he does not see any areas where the hardcover could be reduced further. VOTE: Ayes 5, Nays 2, Fritzler and Jurgens Opposed. Bremer inquired whether Jurgens would have allowed hardcover in excess of 25 percent but less than what was approved. ^ Jurgens stated he would have. i V ' ; i PAGE 6 • • • Date Application Received: 09-20*04 Date Application Complete: 10-04*04 60*Day Review Period Expiration: 12*04>04 ^ d 2004 t.'nroHQHONa REQUEST FOR COUNCIL ACTION Date: November 17,2004 Item No. Op Department Approval: Name: Melanie Curtis Title: City Planner Administrator Approval:Agenda Section: Item Description: #04-3055 - Mark Ritter for Dr. Martha Spencer - 1005 Willow Dr S -Resolution Zoning District: Lot Area: Lot Width: RR-IB, One Family Rural Residential, 2 acre/200’ 2.2 acres (95,002 s.f) 260 ’ at a line parallel to the shore List of Exhibits: A - Denial Resolution B -Minutes from October 25“* and November 8“* (Draft) Council meetings C - Council Action Notice 11-17-04 Application Summary: This application was first heard by the Council on October 25‘" and was tabled at the applicant’s request to consider redesigning the proposal. On November 8“* as there was no redesign by the applicant the City Council voted 4-0 to deny the variance requests, and indicated that the dog kennel must be removed in order to meet the hardcover levels approved in Resolution No. 5206. Planning Staff Recommendation Adoption of the attached R:;solution. COUNCIL ACTION REQUESTED Adopt or amend the attached Resolution, A RESOLUTION DENYING VARIANCES PER MUNICIPAL ZONING CODE SECTION 78-1279 SUBDIVISION 1 AND SECTION 78-1288 FILE #04-3055 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Miiuiesota; and WHEREAS, pursuant to State Statutes 412 ct. scq. 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, Martha Alice Leigh Spencer, a single person, (hereinafter “the applicant”) is the owner of the property located at 1005 Willow Drive South within the City of Orono (hereinafter “the City ”) and legally described as follows: Attached as Exhibit A (hereinafter “the property”); and WHEREAS, the applicant has applied to the City of Orono for variances to permit a gazebo and paved walkways and stairs, requesting the following approvals: 1.Section 78-1279 Subdivision 1 to allow construction of a gazebo approximately 26’ from the OHWL of French Lake where a 150’ structure setback is required; and 2.Section 78-1288 to allow a gazebo and paved walkways within the 0-75 ’ zone consisting of 11.7 % or 2,338 s.f. of hardcover where 0% is nomially allowed and 7.8% or 1,532 s.f. was previously approved (Resolution No 5206). WHEREAS, the City Council has reviewed the application; the reconutiendation of the City staff and Planning Commission; and the comments and written statements submitted by the applicant. Page 1 of 3 NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby denies the requested variances as described above based on one or more of the following findings of fact concerning this property: 1. 2. 3. 4. 5. The property consists of 2.2 acres, or 95,002 s.f. in land area. Variances were granted in 2004 (Resolution Number 5206) on this property to permit construction of decks over existing concrete patios consisting of hardcover within the 0-75 ’ setback of 7.8% or 1,532 s.f.. The house was constructed prior to the adoption of the Shoreland Overlay District standards classifying French Lake as a Natural Environment lake requiring a 150’ structure setback. It is the intent of the Comprehensive Plan and Zoning Code to protect the water quality of French Lake by limiting the amount of hardcover a lot contains. No hardship exists on this lot that would require additional hardcover. The granting of the requested variances would be contrary to the provisions of Municipal Zoning Code Section 78-123, Subdivision A with which the applicant must first comply in order that variance be granted. The Council finds that: a. The property in question can be put to a reasonable use if used under conditions allowed by the official controls. b. The variance, if granted, will alter the essential character of the locality. c. The special conditions applying to the structure or land in question are not peculiar to such property or immediately adjoining property. d. The conditions do apply generally to other land or structures in the district in which the land is located. e. The granting of the application is not necessary for the preserv’ation and enjoyment of a substantial property right of the applicant. Page 2 of 3 f. The granting of such variance will merely serve as a convenience to tlie applicant, and is not necessary to alleviate demonstrable hardship or difficulty. 6.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. 7.In conjunction with the denial of tlie variances, there is a 10.5’ x 25’ dog kennel which was not included in the approval for Resolution No. 5206 and must be removed by July 1, 2005 in order to achieve the hardcover level approved within Resolution No. 5206. Adopteu by the City Council of the City of Orono on this 22"'* day of November, 2004. ATTEST: Linda S. Vee, City Clerk Barbara Peterson, Mayor STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 22""* 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 r T cS 040095 10/U7/23 JI.M DESEGN BUlUJ jnVANCE SURVEYING & - AUV/Uy^M:^ /OS9U74 7964 Fax (952) 474 8267 5300S.Hwy.No.101 Minnetonka, MN 55345 Phone (952) 474 7964 SIIRVEY FOR:jlm design BUIL SI IRVEVED: Maicli.2004 DRAPTKD; March 11,2004 of I™”''*™?' Jy*°» a legal naate. licopc of ouf services does nol loelude dclenniimg ^ coiopeleni legal cuimscl, r:i"rrs'.c^:co«n^^^ rCi^^uTtodon ofexisliog taprove.„en.s «»‘'=™^;XT™crs of.he ,uope«y. Sgncvvn.oo«menU orvenf,ing^d™™^^^^^^^^^ ^iew of UccnscNumber 9235. sC, unless odienvi* MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 25,2004 7:00 o’clock p.m. 10. #04-3055 DR. MARTHA SPEiNCER, 1005 WILLOW DRIVE SOUTH - VARIANCES Curtis explained that the applicant was requesting a hardcover variance within the 0-^5’ 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 ISO' setback is required and a 45’ setback currently exists. Although the applicant was granted a 0-7S’ 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 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 ha''dship 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, *>tated that it was their intent to make the backyard usable and safer. Dr. Spencer pointed out that these items were inadvertently left out cf 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 pl';,sic«l limitations, as well as, acknowledged the desire to view more of the yard and stay away from mosquitoes. Muipiiy stated that the Council could not gmi - hardship to correct a building error net communicated to the city by a previous contractor. He stated that, in fact, the applicant would have had a difTicult time getting this request approved this summer also had it been included Ritter asked the City Attorney if any ‘gracdfutheiing ’ was appli'able to this property since it existed prior to the Shcrcland Ordinances. Barrett stated that it is within the City’s :bil ty 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 nonconfo.’-ming structures, additions to those nonconformances are subject to new ordinance. (10. #04-3055 DR. MARTHA SPENCER, 1005 WILLOW DRIVE SOUTH, Continued) Sansevere maintained fnat, if the applicant could demonstrate to the Council that there was a hardship, the Council could support the application. Ritter argued that ihe backyard was functional p'-ior to the shoreland ordinance. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 25,2004 7:00 o’clock o.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 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 ^043055, Mark Ritter on behalf of Dr. Martha Spencer -1005 Willow Drive South, at the applicant’s request. VOTE: Ayes 5, Nays 0. ^ • r MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 8,2004 7:00 o ’cloplfp.m. Gaffron noted there might need to be some ri^ifior changes to the wording of the resolution to accommodat^vhat was discussed tonight. Gail Blackstone^tated the fee on their applicatioiWas almost doubled for the'vanance.hpting that this application was only>t\vo feet shy of being administr:h^vely approved except for the shed. Kackstone \% requested the Council chpsider a staggered fee structure to deal with applications that are simpl'e^i \ nVture.y X X-\ While moved, McMillan seconded, to adopt RESOLUTION NO. , a Resolution Granting / \ q Lot >^th Variance for Jon aiid Gail Blackstonc, 4475 Forest Lake Landing, with the condition ' the accessory building be removed pV.jor to the issuance of a certificate of occupancy. * \ /VOTE: Ayes 4kNavs 0.^ / 9. #04-3055 DR. MARTHA SPENCER, 1005 WILLOW DRIVE SOUTH - VARIANCES Mark Ritter appeared on behalf of Dr. Martha Spencer. Curtis stated the applicant is requesting a hardcover variance within the 0-75 ’ setback to allow 1 1 .7 percent hardcover. This application was tabled at the last City Council meeting at the applicant’s request, To date no revisions have been submitted to the original plan. In addition, during discussions with the Planning Commission and Council the applicant has stated that there is a 10.5' by 25’ dog kennel on the property that was not included in the hardcover calculations. Staff feels the dog kennel is further justification for not granting the hardcover variance. Curtis suggested Council discuss whether the previous variance approval should be amended or whether the dog kennel should be removed in order to achieve the 8 percent level approved with the 2004 variance. The Planning Commission voted 7-0 to recommend denial of the hardcover and setback variances based on lack of sufficient hardship. Staff also recommends dental of the application. 1 mat MINT’TES OF THE ORONO CIT'jf COUNCIL MEETING Monday, November 8,2004 7:00‘o’clock p.m. Ritter inquired whether the Council would allow a paver called Ncco-Paver. Ritter noted this type of paver allows pciTneation of water through it. Ritter stated they would like to utilize these pavers for the walkways and that they would be willing to remove the dog kennel. Curtis stated removal of the dog kennel would bring the property back to the approved level in 2004. Ritter inquired why the dog kennel was not included in the original calculations. Curtis indicated it was not included on tlie survey. Curtis noted she did not perform a total site review at the time she visited the property. McMillan inquired whether the dog kennel is cuaently being used. Ritter stated it is not. White inquired whether the owner plans to have dogs there in the future. • • Ritter stated she does not. Ritter noted the house was constructed in the 1930’s. • • Sansevere inquired whether the City would pennit those type of pavers. Gaffron stated the paver would still be considered as hardcover, noting the Planning Commission has had a number of discussions over the years concerning that type of paver. Gaffron stated the City does encourage property owners to utilize that type of paver, but at the present time still considers them hardcover. Ritter noted Deep Haven, Tonka Bay and Minnetonka Beach currently allow them. Sansevere commented the standards are higher in Orono. White stated in his opinion the City should look at reconsidering whether they are included as hardcover. Sansevere stated incorporating that t>'pc of paver and not having them be considered hardcover is not an option at the present time. Peterson inquired whether the applicant has any other alternatives she would like to present. Ritter stated the applicant has a 150-foot setback, which basically goes to the front yard. UitllkHliMMiiai I i MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 8,2004 7:00 o’clock p.m. Peterson noted there was previous discussion about screening in the patio. Peterson inquired whether that is an option the applicant is interested in. Ritter stated the cost to construct a sr»-eened- in porch would be approximately $150,000. White indicated he would go along with the Planning Commission’s recommendation on this matter. Sanscverc moved, McMillan seconded, to direct Staff to draft a denial resolution tor Application #04-3055, Dr. Martha Spencer, 1005 Willow Drive South. McMillan indicated she would like the dog kennel removed to reduce the hardcover to the 8 percent that was approved earlier. Peterson inquired whether there should be a time limit for the removal. Gaffron suggested July 1st. VOTE: Ayes 4, Nays 0. *10. #04-3058 TIMOTHY ZWART, 39^0 NORTi/SHORE DRIVE - VARIAN^ - ^ \N^O. .V / \RESOLUTIO / \vhitc i^^cd, McMillan seconded, to adopt RE^LUTION NO. , a Resolution Grant! vaVipiiccs to hardcover, lot area and lot width for Timothy Zwart, 3970 North Shore Driv i. \ XOTEV. Ayes 3, Nays 0. ..\ / /\ *11. #04-30!S! bill and ROBIN GRIERSON, 1989 FA^ERNESS POINT ROAD \VARIANCES - RESOLUTION NO. \ White moved, McMillan seconded, to adopt RESOLUTION NO. V» Resolutioii Granting y" • \variance to hardcover foY Bill and Robin Grierson, 1989 Eagerness Point Road. \ VOTE : Ayes 3, Nays ^\ ’^1 PAGE 13 CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 ZONING FILE 04-3055 NOTICE OF COUNCIL ACTION DATE OF NOTICE: November 17,2004 TO: Mark Ritter Exterior Design Studio 5780 Lincoln Dr. #125 Edina, MN 55436 COPIES:Dr. Martha Spencer 1005 Willow Dr S Wayzata, MN 55391 TYPE OF APPLICATION: Variances DATE OF MEETING: November 8,2004 VOTE:5 FOR 0 AGAINST Motion: Denial of the variances. If you have questions please call Melanie Curtis, City Planner, at 952.249.4627, . [■ • t Date Application Received: 09-20-04 Date Application Complete: 10-29-04 60-Day Review Period Expiration: 12-29-04 I* f ^ NUV 2004 CITY OF OHOlYO REQUEST FOR COUNCIL ACTION Date: November 17, 2004 Item No. / Department Approval: . f Name: Melanie Curtis Title: City Planner _____ Administrator Approval:Agenda Section: Item Description: #04-3056 -Demiis & Evelyn Bruee - 3435 Livingston Ave - Variances - Resolution Zoning District: LR-IC, One Family Lakeshore Residential, 0.5 acre/100 ’ Lot Area: 0.15 acre (6,747 s.f.) Lot Width: 50’ List of Exhibits: A - Resolution per Planning Commission recommendation B - PC Action Notice dated 11-17-04 C - PC Memo & Exliibits of 11-08-04 Application Summary': The applicants have requested a variance to allow a detached garage to be constructed nearer to the front lot line than the principal residence. Currently there is no garage on the applicants’ properly and the existing home is located 105 ’ from the front lot line and with a 135 ’x 50 ’ lot there is no conforming location to construct a detached garage. Planning Commission Recommendation On November 15, 2004, the Plamiing Commission voted 7-0 on a motion to approve the variance as requested subject to the applicant reorienting the garage so as to have the 20 ’ width closest to the street and the 30' width facing the side yards. There was also a stipulation that should the applicant not win the bid for the 20 ’ x 30 ’ City garage a 24 ’ x 24 ’ garage may be constructed in the proposed location. 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 78-1435 FILE NO. 04-3056 WHEREAS, Dennis V. and Evelyn N. Bruce, husband and wife (hereinafter “the applicants”) arc the owners of the property located at 3435 Livingston Avenue within the City of Orono (hereinafter the “City”) and legally described as follows: Lot 5, Block 5, Navarre Heights, Hennepin County, Minnesota (hereinafter the “pioperty”); and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1435 to allow construction of a detached garage closer to the street tot line than the principal building. N'^W, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File //04-3056. 2.Tlic property is located in the LR-IC, One Family Lakcshorc Zoning District which requires a minimum lot area of 0.5 acre and a minimum lot w idth of 100’. 3.The Planning Commission reviewed this application at a public hearing held on November 15, 2004 and recommended approval of the variance based on the following findings: a. The applicants’ property is 6,747 s.f. or 0.15 acre in area and 50’ in width. b. The property has approximately 135’ in depth Page 1 of 5 4. 5. c.The applicants ’ home is set back approximately 105 ’ from the front lot line. d. The proposed garage will be no closer to the street than the neighboring homes. e. The proposed garage will be no wider than 24 ’ as viewed from the street. f. The applicants ’ have placed a bid on a City owned 20 ’ x 30 ’ garage; should the applicants ’ lose their bid a 24 ’ x 24 ’ garage has been proposed. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variance on the health, safety and welfare of the community. The City Council finds that tlie conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1435 to allow construction of a detached garage closer to the front street lot line, subject to the following conditions: 1.Council approval is based on the site plan submitted by the applicant and aiuiotatcd by City staff, attached to this Resolution as Exhibit A. Any amendments to tlic site plan which are not in coiifonnity with City codes will require further Planning Coinmi.ssion and City Council review. t Page 2 of 5 i ■ ^ I 2. Hardcover in the 500’ - 1000’ zone shall not increase above the level of 35%. per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicant is advised that any future requests to increase hardcover or change the nature of 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 penncability as non-hardcover surfaces. 4. Required removals of structure and hardcover shall be completed by the footing in*’pection. 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 (November 22. 2005). 6. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a viola ion of the zoning code, shall automatically tcnninale any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned applicants have read, understand and hereby agree to the tenns of this resolution and on behalf of the applicants and the applicants ’ heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono (’ity Council on the 22'"' of November 2004. Paee 3 of 5 ATTEST; fi Linda S. Vec, City Clerk Barbara A. Peterson, Mayor Property Owncr(s) STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 22"^ day of November, 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE or- MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of 2004 by Linda S. Vcc, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 5 f STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this__day of by Dennis V. Brocc, wife of Evelyn N. Brucc. . 2004 Notary Public COMMON ^SEMENT PER •. 5133128 ^meiT A *The detached garage must be located abutting the 10’ west side setback line. Livingston Avenue 5 89-33 ‘50’' E ----49.90 ----Found 1/2' ( D1 FEET ) Drw. No. 04/21 BfcflBiirtwiiiiTjirti i CITY OF ORONO 27S0iKelley Parkway PO Box 66 Crystal Bay, MN 55323 952.249.4600 ZONING nLE 04-3056 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE; November 17,2004 TO; Dennis & Evelyn Bruce 3435 Livingston Avenue Wayzata, MN 55391 COPIES: TYPE OF REQUEST; Variance DATE OF MEETING: November 15,2004 Planning Commission voted on a motion to approve the variance as requested subject to the applicant reorienting the garage so as to have Uie 20’ width closest to the street and the 30’ width facing the side yards. There was also a stipulation that should the applicant not win the bid for the 20’ x 30’ City garage a 24’ x 24’ garage may be constructed in the proposed location. The vote was as follows: VOTE:7 FOR 0 AGAINST Applicant ’s next scheduled meeting is confirmed as: City Council - Monday, November 22,2004 - Meeting starts at 7:00 pm If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder a.<ter review and approval by the Planning Commission. If you have questions, please call City Planner, Melanie Curtis at 952.249.4627. fl ■ FILE #04-3056 11 October 2004 Page 1 of 4 Date Application Received: 09-20-04 Date Application Considered as Complete: 10-29-04 60-Day Review Period Expires: 12-29-04 To:Chair Ralin and Planning Commission Members Ron Moorse, City Administrator From: Melanie Curtis, City Planner (ifj^ Date:November 8, 2004 Subject:04-3056, Demiis & Evelyn Bruce, 3435 Livingston Ave, - Variance - public hearing Zoning District: Lot Area: Lot Width: LR-IC, One Family Lakcshorc Residential, 0.5 acre/100’ 0.15 acre (6,747 s.f.) 50’ Application Summary: The applicants are requesting a variance in order to construct a 20’ X 30 ’ detached garage closer to the street than their existing home. The application consists of the following: 1. Lot coverage variance for 1,291 s.f. or 19% stmctural coverage (691 s.f. house, 600 s.f. garage) in order to exceed the 15% lot coverage limit; and 2. Variance to allow an accessory structure to be clo.scr to the street than the principal structure. Staff Recommendation: Planning Department Staff recommends approval of the location variance provided tire new garage be constructed no closer to the street than neighboring homes. Planning Commission should con.sidcr whether tliis size garage with this orientation that masks the principal residence is appropriate in the context of this neighborhood.____________________________________________________________ Pertinent Zoning Ordinance Scction.s Sec. 78-1403. Lot coverage. In all zoning districts, for all lots of 0-1.99 acres in total area, the total combined footprint areas of all principal and accessory structures shall not exceed 15 percent of tire lot area. Exception: Regardless of lot area, every developed lot shall be allowed at least 1,500 square feet of lot coverage by principal residence and garage structures. See. 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 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 FILE #043066 11 October 2004 Page 2 of 4 provided on the site. This section shall not apply to lakeshore lots divided by roadways or corner lots. List of Exhibits A. Application B. Hardship Documentation Form C. Existing & Proposed Survey/Site Plan D. Submitted Hardcover Calculations E. Alternate Garage Orientation (by Staff) F. Aerial Photo of Neighborhood G. Property Owners List H. Plat Map Background Dennis and Evelyn Bruce are the property owners of 3435 Livingston Avenue. Tlieir home is set back approximately 105’ from the front property line on their 50’ wide by 135’ deep lot. Currently there is no garage on the property and a variance is required in order to construct a detached garage as it would need to be located in front of the home. The applicants have put a bid in to purchase and relocate the City owned garage at 3422 Lyric Avenue and they are proposing to locate this 20 ’ x 30’ detached garage on tlieir property. It is staffs understanding that the applicants would like to build a 20 ’ x 30’ garage even if they don ’t acquire the City garage. LOT ANALYSIS WORSHEET Lot ArcaAVidth; LR-IC Lot Area Lot Width Required 21,780 s.f. (0.5 acre)100’ Actual 6,747 s.f. (0.15 acre)50’ Setbacks: LR-IC Required Existing Proposed Front 30’105’46’± Rear 30’5.8’No Change Left Side 10’7.2 ’10’ (garage) 7.2 ’ (house) Right Side 10’6.4’10’ (garage) 6.4’ (house) Structural Coverage: Per City Code Section 78-1403 every developed lot shall be allowed 1,500 s.f. of Total Lot Area Total Structural Coverage 6,747 s.f. (0.15 acre)Allowed: 1,012 s.f. ( 15%) Proposed: 1,291 s.f. (19%) I FILE #04-3056 11 October 2004 Page 3 of 4 Hardcover Calculations; Hardcover Zone Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover 500 - 1000 6,747 s.f.2,361 s.f. (35%) 2,307 s.f.* (34 %) 2,387 s.f. (35.4 %) After exclusion of fabric or plastic-lined landscape beds Front Yard Setback Variance The applicants’ existing home is set back 105 ’ from the front property line. The lot is 50 ’ by 135 ’ and there is no location that would be conforming with regard to the principal structure. The proposed 20 ’ x 30 ’ garage will meet principal stnicturc setbacks and will not be located nearer to the street than adjacent homes. Additionally, the garage and alterations to walkways and driveway as proposed will be 0.4% over the allowed 35% hardcover allowance for this property. The applicant shares a driveway that is partly on the adjacent property to the west. Tlicre is a cross-easement for this shared driveway, although the shared portion extends outside the easement. Hard.ship Statement Applicant has completed the Hardship Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Hardship Analysis /m considering appiications 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. If the Planning Commission feels that the setback location of the existing home and the size of the lot are hardships there may be justification for granting a variance in this situation. Issues for Consideration 1. This garage will substantially remove the applicants’ house from view from the street. All you will see from the street is the garage. While there are other 600 s.f. garages in the neighborhood, they are normally to the side or the rear of the house. Will this garage, as oriented, be out of character with the neighborhood? 2. Would a 600 s.f. garage with the narrow end facing the street be more acceptable? 3. Are there any other issues or concerns with this application? - Am FILE #04-3056 11 October 2004 Page 4 of 4 Staff Recommendation If the Planning Commission finds hardships to grant variance approval for the proposed garage to be constructed closer to the street titan tlie principal structure; planning staff recommends the proposed garage be located such that it is no closer to the street than neighboring homes and the applicant remove an additional 26 s.f. in order to be within the 35% allowed within the 500’ - 1000’ zone. Planning Commission should address whether the propose orientation is acceptable. i 1 City of Orono A Variance Application ________ fo.^ C\ street Address: 2750 Kelley Parkway Orono. MN 55356 Main: 952-249-4500 fax; 952-249-4616 MaiVng Address: P.O. Box 66 Crystal »ay. MN 55323-0066 Application # I ~ Date Received. (,■„ ; O i Amount Pipid; Staff; Fee; U U: ll i:' t / f I ' S600 Renewal; $300 After-the-fact; $1,200 Double Fee This application form must be completed in full. App icant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: Site Address: ..o''^ / (J /aJ(^ j J ‘7 /J JProperty Identification Number (PIN); ______________ (Attach legal description to application if not included on the survey.) Date Property Acquired (month/year); □ Yes. 1 own the adjacent parcels. Present use of property; JS Residential □ Other ___________________________________ Zoning District:____________________ APPLICANT INFORMATION: (Complete legal na.-ss and marital status required for each interested parly) Phone (home); ( V7/~ </y Phone (work); Address; O c Email:Fax: OWNER INFORMATION; (Complete legal names ard marital status required for each interested party) Name; // C V' /\/A/ ^ rC C ^ Phone (home); ( VL' */7 Phone (work); Address; l Email;Fax; DESCRIPTION OF REQUEST: Estimated Project Cost; Describe the request in detail (attach additional sheets if necessary): ~/“O nJrf/lCc'.iT ^t^/Lctn Oa) AyJL! 7 . An l~ 'f-L‘ .JJL 71/ nA/ ^ j 7c/J t- 4i #30 56 i 'i * • « ••*.« • * 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-S03 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 iricurred in review of this application and certifies that the information supplied 's true and correct to the best of his/her knowledge. The applicant recognizes that he/she is solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. Applicant ’s Signature; Applicant ’s Signature: Date: ‘ Date: y- 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: L . i''K.ru.u V ' Ct 11 ^^ili f.- Date: Date;V-// < </ 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 U have an authorized representative attend in place of the applicant and advise the City Planne assigned to your project. ♦1 V V“.- ?• X. ;ft- 1 r HARDSHIP DOCUMENTATION FORM Page 1 of 3 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 vatid 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 under conditions allowed by the official controls." C^nuJiOfOT- k a a lu IT h a uuT u lf^/Li rtiJo- r=~ * 2."The plight of the landowner is due to circumstances unique to his property not created by the landowner." /I n im CT '7 /i f j W 7 t/.e 3.•The variance, if granted, will not alter the essential character of the locality." ik) "Economic considerations alone shall not constitute an undue hardship if reasonable use for the properly exists under the terms of the Zoning Chapter." • • • • • I • • .• ..Page 2 of 3 5."Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter." “The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone vrhere the affected person's land is located." 7. "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a l.vo-family dwelling." 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." /LLo______________________________________ Hardship Statement ^ .i. 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 n©c©ss3ry)’ /\< Htx ii Jp <• Yv/lC /; ic/ C V / * /? ^ ^ C iU /______C 'F Cr /) f \ i l ^ iL. i------ I \ j ii . c- -9':/'r . ^ ..J XttlBlTO aXI<9TIN& Livingston Avenue / / 7V /> / / X / / / / / \ •^!D' Drw. No. 041211 i •9 CMtibITC FN>?t>W Livingston Avenue S 89'35'50" £■ — 49.90 —•~-w Found 1/3' • COMMON ASEMENT PER ). 5133128 Ft. Ft. .Ft. Ft. ( IK FEET ) Drw. No. 041211 h r SiT3ACX ZZf-Zi (CI7.CL2 0>"Z5 2-7r ‘75-SS3*zsz-szv f'' 2cc-::cs ’.. Hcuis ^ • *M «b L=r- X B. Gcngt • • • . C Drivpvzy C. Sicr»«2t . (ot'icOSV^X X c. TzddDczk X X F. Loxdscace Uhcxrlaia By PUs;ic X X Jr O. Other TOTAL HARDCOVER-IN ZONE TOTAL PROPERTY AREA IN EON'S * a ___s ICO TROPOSEP EARDCnVER IN ZONE A. House lig3)ph WiOb X X X B. Goicge C Drr/er.-ay X D. Sidr.v=Ik CoHttUiT^ E. Fidc/Tcck V T n—r*rr‘^’S «• I ■*» • '» Ur.cr-izir. By Pizsrl: G. C±er X X X X TOTAL KARDCCVER IN* ZONE __ TOTAL rROFERTi* ARE.\ IN ZONs * D _____XlOO - 1 SJ*. SJr. *** w** • /in^S^. • •5J*. S»«“ • • ^ .SJ^. SJf. •S^. • .ST. ST. V S*^ • S.F. T^on ST. c^n^n gjr % S.F. SEf. S.F. S.F. (;CC S.F. S.F. SF*. itn SJ^. • S.F. S.F. S5. SJ. __SJ. S--. ZbBl • ST- (jn^n S.r. 3 5.4-% •itJ.i L9ZB-VL«'-2S6 9u|R«A«ins •auvApu •9Z:0I VO EQ ftOM r w * fcxmeiT E Livingston Avenue S 89-JJ’50" E — 49.90— COMMON SEMENT PER 5133128 / / / / / / /' / ? / / / / / / A / proP^^oy I____ »r ** ■ 4a 1=/ .0 I ’• >: f . ^ * '.3%^ I %4-F *•3^ it*-- Oo d CN 10.0 Fl. Ft. .Ft Ft. Ft. 't. 6.4 7.2 4^ 20.5 y V 715.9W- 'ci yfpt// tY. \ .'v found 1/t' % Mi 1 story Frame ^ 691 5^ rt / /24.J / / / <d I ^ I “C>, ^ S T§ ' c/, —50.00—I 5 89VO'50" £ £)ri^h+®nbn kjvj 'Stsff' / / / / / / /////// i2 GRAPHIC SCALE ( IN FEET ) Drw. No. 041211 n.-W- • ' ■»m -.ii'-£s...>'«; ■ Is •*v» »• V ^ ii'' 1- * >. ,i ‘ '-^*J jrfi t . v'- mM FKiSP ■■•? •V• ^------1 Timyiiji RUN DATE :9/IS/20M 38 I7II7234J0004 PROP ADDR 2M3 SHADYWOOD RO OWNER NAME K W A S A RODEWALD TAXPAYER ^ * SHIRLEY A RODEWALD NAME/ADDR 2293 SHADYWOOD RD WAYZATAMN 55391 38 1711723430020 PROP ADDR 3438 UVINOSTON AVE OWNER NAME SUZANNE CAOLA taxpayer SUZANNE CAOLA WME/AOOR WAYZATAMN 55391 3* 1711723430023 PROP ADDR 3414 LIVINGSTON AVE OWNER NAM E CARL E BORG 111 * C G BORG taxpayer CAIU. E BORG 111 & CARES BORG NAME2AODR 3414 UVINCSTON AVE WAYZATA MN 55391 38 171172343006.4 PROP ADDR 3443 LIVINGSTON AVE OWNER NAME DENNIS L HEGER taxpayer DENNIS LHEGER NAME/ADOR 3«3 LIVINGSTON AVE WAYZATAMN 55391 38 171 1723430076 PROP ADDR 3444 LYRIC AVE OWNER NAME F^iS EMITTELSTA^T taxpayer MR/MRS frank LMITTELSTAEDT 3444 l.YRJC AVE . WAYZATAMN S539I NAME/ADOR 38 1711723430079 PROP ADDR 3408 LYRIC AVE OWNER NAME HENNEPIN FORFEITED LAND TAXPAYER CITY OF ORONO NAME/ADDR P 0 80X66 CRYSTAL BAY MN 55323 „ENNEP,N SYSTEM • • • ^ 38 1711723430018 PROP ADDR 3452 LIVINGSTON AVE OWNER NAME CORBIN MARTIN taxpayer CORBIN MARTIN rME/AOO. ».nP.«StONAVE WAYZATA MN 55391 38 171 1 723430021 PROP ADDR 3436 LIVINGSTON AVE OWNER NAME ROXANN M BEISCH taxpayer ROXANN M BEISCH rMOAOOP ...PtmNOSTONAVE WAYZATAMN 54391 38 1711723430062 PROP ADDR 3433 LIVINGSTON AVE OWNER NAME PAUL THATCHER TAXPAYER P^'J*' THATCHER NAME/ADDR 3433 LIVINGSTON AVE WAYZATAMN 55391 38 I7II72343006S PROP ADDR 3445 LIVINGSTON AVE OWNER NAME CAROLYN M TILLOTSON TAXPAYER CAROLYN M TILLOTSON NAME/ADDR 3445 LIVINGSTON AVE WAYZATAMN $5391 38 1711723430077 PROP ADDR 3438 LYRIC AVE OWNER NAME LOIS M HUDLOW taxpayer LOIS MARIE HUDLOW J«.UR.C.V WAYZATAMN $5391 38 1711723430080 PROP ADDR 3408 LYRIC AVE OWNER NAME HENNEPIN FORFEITED LAND TAXPAYER CITY OF ORONO NAME/ADDR POBOX66 CRYSTAL BAY MN 55323 PROP ADDR OWNER NAME TAXPAYER NAMR/ADDR 38 1711723430019 3444 UVINOSTON AVE p j klekman a t a kluffman PATRICIA A THOMAS KLtFFMAN 3444 LIVINGSTON AVE WAYZATAMN 55391 38 1711723430022 PROP ADDR 3422 LIVINGSTON AVE OWNER NAME DANIELLE A HENELY TAXPAYER DANIELLE HENELY NAME/ADDR 1422 LIVINGSTON /VVE WAYZATAMN 55391 38 1711723430063 PROP ADDR 3435 LIVINGSTON AVE OWNER NAME DVAENBRUCE taxpayer DENNIS V A EVELYN N BRUCE ,.»UVR«STOH.VE WAYZATAMN 55391 38 1711723430075 PROP ADDR 3468 LYRIC AVE OWNER NAME E L MURRAY APS ROSS TAXPAYER ELMURRAY&PSROSS NAME'ADDR WAYZATAMN 55391 38 1711723430078 PROP ADDR 3422 LYRIC AVE OWNER NAME DANIEL E SWANSON taxpayer DANIEL E SWANSON NAME/ADDR 3422 LYRIC AVE WAYZATA MN 55391 38 1711723430141 PROP ADDR 3473 LIVINGSTON AVE OWNER NAME SARANNE W ANDERSON TAXPAYER SARANNE W ANDERSON NAME/ADOR 3473 LIVINGSTON AVE WAYZATAMN 55)91 V. RUN DATE :9/iyJ004 hennehn cojjjnv system PACE: 2 ExmeiT H Henn#J>in Hennepin County Taxpayer Services Department (14i)(65) \ \ (^9\ ■' 60 <o «r»- A'2U101 60 •o A '100J b so 1 0 1 23 .(tr. e* ) SO so 0 to -e* so NB 125 —1 ^ho5 «<?l (90) 1 50.:*o ■V •s so M ® 3; s : so so c.i' •-■S'R.t r.y f Parcel Information P Vijpiircel ID 1711723430063 House Number 3435 Street Name LIVINGSTON AVE ^ V. This is not a legaffy reconM map. It raprasanta a compilation ol Infbmation and data from Oty. County, and State mad authorttiea and other sources. u «ICCTIM(5 Date Application Received: 9-22-04 Date Application Considered as Complete: 11-8-04 60-Day Review Period Expires: 1-7-OS NUV ^ Cl IY ur unuiyO REQUEST FOR COUNCIL ACTION Date: November 18, 2004 Item No.: ^ Department Approval: Name: Janice Gundlach}^ Administrator Approval:Agenda Section: Zoning Title: City Planner Item Description: #04-3057, Michael N. Palm on behalf of Don Henderson, 560 Big Island Lot Area Variance - Resolution Zoning District: Lot Area: Lot Width: RS, Seasonal Recreational (5 acre minimum) 3.33 acres (145,039 s.f.) ±400 feet List of Exhibits A - Resolution per Planning Commission Recommendation B - Additional Written Comments by the Applicant (distributed at PC meeting) C - PC Action Notice 11-17-04 D - PC Memo and Exhibits of 11-10-04 Application Summary: Applicant requests the following variances in order to construct a seasonal cabin on an existing vacant lot: 1. A lot area variance to permit development of a lot 3.33 acres in size, of which 1.1 acres is dry and where 5.0 acres of dry buildable is normally required. ____________ Planning Commission Recommendation 'fhe Planning Commission voted 7-0 to approve the requested lot area variance based on the staff recommendation noted below. Staff Recommendation Staff recommends adoption of the attached resolution approving the lot area variance stipulating recording of a covenant that w'ould restrict development of the site to a structure no larger than 3 bedrooms. The applicant is also on notification that a separate land use approval may be necessary to access a dock through delineated wetland, and a dock cannot be constructed until the existing moratorium has lifted and standards are in place; and that no specific footprint size or orientation is approved with this request. COUNCIL ACTION REQUESTED Adopt the attached Resolution granting a lot area variance for 560 Big Island. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 78-568 FILE NO. 04-3057 WHEREAS, Don E. Henderson and Judy A. Henderson, husband and wife (hereinafter “the applicants ”) are the owners of the property located at 560 Big Island within the City of Orono (hereinafter the “City”) and legally described as follows: That part of Lot 4, In Kitchel’s Subdivision of Government Lots 5 and 6 in Section 22, Township 117 North, Range 23 West of the 5*’’ Principal Meridian, described as follows: Commencing at the southwest comer of said Lot 4; thence running north 300 feet; thence at right angles East to the easterly boundary line of said Lot 4; thence southwesterly along said line to the shore of Lake Minnetonka; thence Northwesterly along said shore to the point of beginning, all on Big Island, Lake Minnetonka, Hennepin County, Minnesota (hereinafter the “property ”); and WHEREAS, the applicants have made application to the City of Orono for a lot area variance to Orono Municipal Zoning Code Section 78-568 to allow construction of a seasonal cabin on an existing vacant lot consisting of 3.33 acres of total lot area where approximately 1.1 acres of dry buildable area exists and where 5 acres of dry buildable area is normally required. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. 2. This application was reviewed as Zoning File #04-3057. The property is located in the RS, Seasonal Recreational District, which requires a minimum lot area of 5 dry buildable acres. The applicant ’s property is 3.33 acres in total area with approximately l.l acres of dry acreage. Page 1 of 6 ! I I il 3. 4. 5. The Planning Commission reviewed this application at a public hearing held on November IS, 2004 and recommended approval of the lot area variance based on the following findings: a. The lot was legally created prior to adoption of the current RS, Seasonal Recreational District standards. b. A structure can be built on the lot meeting the required 50’ lot line setbacks (to the north and west) as well as wetland, septic and lake setback requirements. c. The property has suitable primary and alternate 3-bedroom septic sites available. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a lot area variance to Orono Municipal Zoning Code Section 78-S68 to allow construction of a seasonal cabin on an existing vacant lot consisting of 3.33 acres of total lot area t^ere approximately 1.1 acres of dry buildable area exists and where S acres of dry buildable area is normally required, subject to the following conditions: t, Page 2 of 6 1. Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. No specific site plan is approved with this request. All setbacks, hardcover, structural coverage, and septic requirements and setbacks must be met (the site plans existing within the staff report were used only as an illustration of the potential buildability of the lot). No other variances shall be granted for construction on this lot. 3. This resolution shall also act as a covenant preventing a structure larger than 3- bedrooms. In signing this resolution, the applicant agrees to limit the structure to 3-bedrooms in order to comply with the 3-bedroom septic sites available on the lot. The applicant also agrees to preserve the primary and alternate 3 -bedroom septic sites and prevent them from destruction either during construction of the cabin or future development on the lot. 4. The applicant is also advised that a separate land use approval may be necessary to access a dock through delineated wetland, and a dock cannot be constructed until the existing moratorium has lifted and standards are in place for regulated dock access through a City protected wetland. 5. Authorities granted by this resolution nm 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 22,2005). 6. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants’ heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 3 of 6 ir Adopted by the Orono City Council on the 22"^ day of November, 2004. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner(s) t i'. Page 4 of 6 ■i-' STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this __ day of __ ^ ^ ^ M ^ ^ m •2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota- - t —ww . ,------------^ -- ^ municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument .n js acknowledged before me on this _ day of 2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota» — WW W ---------------,----------------^ ---------------------------- -- -------------- — ^ , municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 5 of 6 L- r * /• I^L State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this by Don E. Henderson, husband of Judy A. Henderson. day of ,2004 1 Notary Public State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this by Judy A. Henderson, wife of Don E. Henderson. day of ^2004 Notary Public Page 6 of 6 r r ’ V\pwspw aV'“> V>' r ,' ■“ t .' ■ ,,'• '' ■ r i ..= r**;^ .* ti, r •'.s’-' ■ - -V .tf f-' ‘ > IQEQUIRED 56* aUK^AMi SCTMCKS BOUNDARY & TOPOGRAPHIC SURVEY FOR EXHIBIT A DONALD HENDERSON IN LOT4, KITCHEL'S SUBDIVISION OF GOVT LOTS 5*6, SEC. 22-117-23 HENNEPIN COUNTY, MINNESOTA .'K't>Ke6ETa^M‘- MLJhn .-SSSfSv 120 SCALE rccT mi m 0 pO&M't |USC IS* ^21.*!'ELEVATlOl^ 04 Ml TioiJ / Av9 Slop* 111 BuAdifiq tclbock lines \ TMIM kilgm oH hna In %mi9 Woti • tion // ^^zzz w/yy>y>vvwv> ./^ r / / /^ ...- -TjmyPvsyarT- c S60 Big Island History The property was originally purchased by my father, Henry G. Henderson, on July 24,1957, on a contract for deed from the Olds & Barnes families. The sale also included a lot on West Point. Henry was the person who made decisions on the purchases and sales of properties. On May 6,1979, the lot and the island property were sold to Broco, a general partnership, on a Contract for Deed. On Februaiy' 24,1981, Broco sold to James & Norma Blomberg. The City of Orono declared a moratorium on any building on Big Island on November 9,1981. The Blombergs could not build on the island and signed a Quit Claim Deed returning the Big Island property to Henry G. Henderson on September 27,1982. The City of Orono Changes Lot Size to 5 Acres. On December 30,1982, the City of Orono passed Ordinance #246. A letter was sent to the Blombergs by the City of Orono on February 15, 1983 stating that they were grandfathered in for building on a lot that was less than 5 acres. Blomberg received the letter too late to build and never contacted Henderson. On September 8,1983, Henry G. Henderson and Ruth A. Henderson in planning their estate signed a quit claim deed to their children, Don Henderson, James Henderson and Sharon Sclabassi. On March 10,1986, the City of Orono sent a letter to Don Henderson informing him that his property was grandfathered in to build on a property less than 5 acres but he had to fill out a form and return it to the city. Don Henderson never saw the letter but 18 years later found it in an old file on the property. j i James W. Ogland 525 Femdale Road Wayzata, Minnesota 55391 November 13, 2004 To: All Orono Planning Commission Members Re: 043057, Don Henderson, 560 Big Island, Record Lot Size Variance From: James Ogland, Senior Past Commander of the Minnetonka Power Squadron (large property owner on Big Island), author and local historian of Lake Minnetonka, especially Rig Island, resident of Orono for over 60 years, owner of property at 200 Big Island smce 1981, former chairman of the Orono Park Commission, licensed real estate agent and listing agent of this property. Dear Members: This property was purchased in 1957 by Henry Henderson, and has been owned by the Henderson family for almost fifty years. It is small by some standards, yet is one of the largest undeveloped parcels on Big Island. According to Hennepin County tax records and Orono records, its 3.33 acres consists of 1.43 acres of high, dry land and 1.9 acres of wetlands. Of the 61 Record Lots on Big Island, it is the 19th largest property on the Island. Its western boundary at 300 feet is the length of a football field. • It meets or exceeds all of the requirements for a buildable lot • It has acceptable sites for three septic drain fields (more than required) • It meets all setback requirements including the 75 foot lakeshore requirement • It meets the wetland setback requirements • There are no bluff issues • It has a recent survey indicating the above • It has had a wetlands delineation survey and report identifying the edge of adjacent wetlands For the most part, the property is distant and totally isolated from its adjacent neighbors to the north and cast, and only minimally visible with its neighbors to the west. The recent moratorium on wetland docks should not be an issue, as placement of a shoreline dock will only traverse a few feet of wetland, and would be in keeping with DNR recommenda tions. Construction of a seasonal dwelling on this property should have little or no impact on the Irabitat or wildlife in the wetland area. This property is a desirable building site and will be an asset to Orono and the Big Island community. As one of the largest lots on the island, it certainly qualified and should have been granted Record Lot Status twenty years ago, and only by an oversight, was not. Sincerely, A iavv James Ogland I CITYOFORONO ZONING FILE: 04-3057 27S0 ICdIcy P&rkwfty P.O. Box 66 NOTICE OF PLANNING COMMISSION ACTION Crystal Bay, MN 55323 (952) 249*4600 DATE OF NOTICE: November 17,2004 TO: Michael N. Palm COPIES; Don Henderson 5034 Bruce Place 5018 Normandale Court Edi.ia, MN 55424 Minneapolis, MN 55436 TYPE OF APPlJCATION____________________________________________ DATE OF MEETING; November 15,2004 Planning Commission recommended as follows: Approval of the request in accordance with the following staff recommendation: Approval of the lot area variance stipulating recording of a covenant that would restrict development of the site to a structure no larger than 3 bedrooms. The applicant is also on notification that a separate land use approval may be necessary to access a dock through delineated wetland, and a dock cannot be constructed until the existing moratorium has lifted and standards are in place and no specific footprint size or orientation is approved with this request. VOTE: 7 FOR 0 AGAINST Applicant ’s next scheduled meeting is confirmed as: City Council — Monday, November 22,2004; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission or Council minutes, they are available from Ae 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 «04.3057 November IS, 2004 Page 1 of 4 Date Application Received: 9-22-04 Date Application Considered as Complete: 11-8-04 €0-Day Review Period Expires: 1-7-OS To:Chair Rahn and Planning Commission Members Ron Moorse, City Administrator From: Janice Gundlach, City Planner^|(^ !)ate:November 10,2004 Subject:04-3057, Michael Palm and Don Henderson, 560 Big Island - Lot Area Variance - Public Hearing Zoning District: Lot Area: Lot Width: RS Seasonal Recreational District (5 acre minimum) 3.33 acres (145,039 s.f.) ±400 feet Application Summary: Applicant requests the following variances in order to construct a seasonal cabin on an existing vacant lot; 1. A lot area variance to permit development of a lot 3.33 acres in size, of which 1.1 acres is dry and where 5.0 acres of dry buildable is normally required. Staff Recommendation: Staff recommends approval of the request stipulating City Engineer approval of a grading plan at the building permit phase and conformance with all hardcover, structural coverage, setback, and septic requirements. Pertinent Zoning Ordinance Sections Sec. 78-568. Lot area requirements. Within any RS seasonal recreational district, no new lot or parcel shall be created less than 5.0 acres in dry-buildable lot area exclusive of any designated wetlands. List of Exhibits Exhibit A - Applications Exhibit B - Hardship Documentation Form Exhibit C - Big Island (RS) District Code Excerpts Exhibit D - Proposed Survey Exhibit E - Survey Showing Dry-Buildable Acreage & Lot Lines Exhibit F - Hardcover Calculations Exhibit G — Wetland Delineation Exhibit H - Septic Report & Layout Exhibit I - Aerial Photograph Exhibit J - Neighbor Comments Exhibit K - Property Owners List V. M4-3057 November 1S| 2004 Page 2 of 4 Exhibit L-Plat Map Background . - , oc e iThis lot remained vacant since prior to adoption of the current RS, beasonai Recreation District standards. At the time the Big Island ordinance was adopted the property owners in ownership of lots under 5 acres were given the chance to apply for "record lot status” which the owner of this lot did not do. Had this been done a lot area variance would not have been required to build on this lot. Now, the current owner wishes to sell the lot as a buildable lot, and a lot area variance must be granted under the current practices. No specific house plan has been submitted, but the applicant has indicated that all pertinent setbacks, etc. will be proposed. No specific footprint, footprint size, or footprint orientation will be approved with this application. The footprint information included in the materials herem is intended to illustrate what footprint size and orientation the lot could potentially support. LOT ANALYSIS WORSHEET RS Lot Area Lot Width Required 217,800 s.f. (5 acres)Depends on Size of Lot Actual 145,054.8 s.f. (3.33 acres)-380 feet (compliant) RS Required 1 Existing Proposed Front N/A 1 N/A-Vacant N/A Rear 50 ’1 N/A-Vacant 50 ’ Left Side 50 ’1 N/A-Vacant 50 ’ Ri^t Side N/A 1 N/A - Vacant N/A Lakeshore 75 ’1 N/A - Vacant 86’ Average Lakeshore N/A - no structures adjacent j _ yacant N/A - no adjacent structures Structural Coverage This property is in excess of 1.99 acres and therefore not subject to Lot Coverage restrictions per Section 78-1403 of the 21oning Ordinance. Hardcover Calculations (these calculations are a rou^ draft; final calculations will be required with submittal of a building permit) t #04-3057 November IS, 2004 Pc?e3 of 4 Hardcover Zone Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover 0-75 82,000 s.f.0 s.f (0%) Os.f (0%) Os.f (0%) 75-250 63,000 s.f.15,750 s.f. (25%) Os.f.* (0%) 1,200 s.f. (2%) After exclusion of fabric or plastic-lined landscape beds Lot Area Variance .... The applicant wishes to develop this lot with a seasonal cabin. The existing lot area is 3.33 acres with approximately 1.1 acres of dry area. As stated in the background section of this report, a lot area variance reviewed under the current standards is proposed as the owner didn’t take advantage of the automatic “record lot ” approval given in 1984 when the current Big Island ordinance was adopted. Hardship Statement Applicant has provided a Hardship Documentation Form in Exhibit B, and should be asked for additional testimony regarding the application. Hardship Analysis III considering applications/or variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the coniinunity, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on vriues of property In the surrounding area. The Planning Conunisslon shall consider recommending approval for variances from the literal provisions of the Zoning Code In Instaifces 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 keepine with the spirit and Intent of the Orono Zoning Code. Staff finds that the hardship exists to approve the requesting lot area variance. Tliis lot should be subject to the same standards of which all other lots of substandard size in Orono are held to: If setback, hardcover, lot coverage and septic requirements can be met then approval shall be granted. The Platming Commission and Council have consistently approved lot area variances stating that the lot was legally created and therefore should be allowed to be developed under specific criteria (being the Zoning Ordinance). However, the City Code requires that 5-bedroom septic sites be required for all new development and the Code does not distinguish a different standard for lots on Big Island. Because only 3-bedroom primary and alternate sites are available, the septic inspector has the authority, and has exercised his authority in this case, to grant appro /al of the smaller sites. The Planning Commission may want to discuss the issue of approving lot area variances when 5-bedroom sites cannot be constructed, and if Big Island should be held to a different standard than the rest of the City. Lastly, wetland within this property almost directly follows the shoreline. It is unknown exactly how much wetland exists landward of the 929.4 ’ elevation or lakeward of the 929.4 ’ elevation. Because of the amount of wetland and its proximity to the shoreline, it #04-3057 November IS, 2004 Page 4 of 4 is possible that access to a dock would be required traverse the wetland above the 929.4 ’ OHWL. Currently, the City is under a moratorium for any wetland alterations or alterations within 26’ of a wetland, as a new Wetland Ordinance is being drafted. Therefore, the City is \mable to determine what, if any, additional City permits would be required if access to a dock is needed through wetland. Staff anticipates this would be allowed under the new ordinance but is unable to review or approve anything at this time due to the moratorium. The Planning Commission should discuss if approval of a lot area variance should be granted without knowing the status of dock access. An alternative >valking and possible vehicular access to the site could be via the platted undeveloped road abutting the northwest comer of the property, and then leading south to the lake west of Lot 19 (see plat map). This lake access point would not, however, be suitable for a private dock to serve the applicant ’s lot. » • ^ • I Issues for Consideration 1. Is the Planning Commission comfortable approving a lot area variance without a clear understanding of how a dock will be regulated within any wetlands? 2. Is the Planning Commission comfortable allowing this lot to develop as all setb* hardcover and lot coverage standards can be met? Is the Planning Comr^ prepared to grant the same rights to other vacant properties on the island under the j acre standard? 3. Are 3-bedroom septic sites appropriate give a S-bedroom requirement and the approval of the City’s Septic Inspector? 4. Would a covenant recorded against the property restricting development of a structure to a 3-bedroom septic site be adequate in disclosing the level of buildability to future property owners? 5. Are there any other issues or concerns with this application? Staff Recommendation Approval of the lot area variance stipulating recording of a covenant that would restrict development of the site to a structure no larger than 3 bedrooms. The applicant is also on notification that a separate land use approval may be necessary to access a dock through delineated wetland, and a dock cannot be constructed until the existing moratorium has lifted and standards are in place and no specific footprint size or orientation is approved with this request. • i City of Orono Variance Application EXHIBIT A Street Address: 2750 Kelley Parkway Orono, MN 55356 Application # 0Q~ Date Received: 2^' Main: 952-249-4600 fax: 952-249-4616 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 Amount Paid; £ buQ. OO Staff; JANiC/^ Fee: SSOO Renewal; S300 After-fne-fact; 51.200 Double Fee This application form must be completed In full. Apficant 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: ,o Property Identification Number (PIN): i.C) u i\ - i \ 7- 3 I - DCc> (Attach legal description to application if not included on the survey.) Date Property Acquired (month/year): □ Yes, I own the adjacent parcels. ____\ /A/- 1Present use of pr^erty; □ R^idential ^{SH^Other Zoning District: Vgc.0 > APPLICANT INFORMATION: (Complete legal-9arr.cs and marital status required for each interested party) Name: AAiCAW^r-^ jf____________________________________________ Phone (home);________ Address: ...—,_____ Email: Aa47/V ^ Cr>Fax: OWNEF^IN^ORMATION; (Complete leg^ames e-d m-rital status required for each interested party) Name Phone (hom^. ^ Address: ,5^/' ___________ Email; ^ ^ . A h.e^Fax; DESCRIPTION OF REQUEST: Estimated Project Cost: $ Describe the Kquest in detail (attach additional sheets if necessary): TOyC c ' Tl^T+ /A cjTT><\Si^ \ • ^ _ Ov— TO A A Hi :S: vs Sf£]ff«CRr< «i3 / 1I REQUIRED SUBMITTALS: All of the following Infornnation must be submitted by the application deadline date in order for your application to be processed. re-AppIication Meeting Form, completed by a City Planner, iompleted 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, y^overnment 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 X 17" for reproduction. Completed hardcover calculation worksheets (as provided within the variance pac.<et). □ 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 for denial of the request regardless of its potential merit. Applicant's Signature; Applicant's Signature: Date: Date; 04- 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; AJ Owner's Signature; __ Date: Date; Applicant must have all submittals into the City offices 25 days before the Planning Commissioi Meeting. Planning Commission Meetings are normally held on the third Monday of each .montf Applicants must be present at all scheduled review meetings of the Planning Commission an Council. If an applicant is unable to attend a scheduled meeting, please make arrangements t have an authorized representative attend in place of the applicant and advise the City Planm assigned to your project. n-A S im ] City of Orono Pre-Application Meeting Form (This form is to be completed by a City Planner during your pre-application meeting.*) srreef Address: Mailing Address: For Office Use .Only: cJrono^ Crysta°Bay. MN 55323-0066 Meeting Date/Time: 9/V J.21LL PC Date; /V-/. Main; 952-249-4600 Fax; 952-249-4616 ^e^applicalion m aS the^a^pplicant in preparing a complete proposal, inform them of the procedures and requirements of the city code, and identify policies or regulations that create opportunities or problems for the proposal. PROPERTY INFORMATION^. Site Address; Property Identification Number'(PlN): ^-------------------— Zoning District: ds _______Size of Property; —cL>X L'L 61- OOP ^ ■%. d,. 33 i ( £, to l<tX □^Aver'age^sSbadf sfdfvard Setback □ Rear Yard Setback □ front Yard Setback □ Hardcover □ Lot Coverage ^C3d.otArea □ Lot Width □ Other; ______________ ________________________—-----—--------------------------------------- HARDSHIP: Applicant has received the Hardship Documentation Form.Appucanl S Ji I r\ nAr\uonir. rvpjjnv./cii u nao ---------------- • -..... Initials; Ilf IK) understands it as it has been explained to them, and is aware that it must jjg completed and submitted in conjunction with their formal variance application. OTHER INFORMATION; ________________________ ____________________________ ‘Please note: Your variance application will NOT be accepted without a pre-application meeting during which this form willy^e completed by City staff. . 1(1 OO 1 ______ Date; 9jz)Applicant Signature: •X It ' - • • ‘ 'i . EXHIBIT B Page 1 of 3 HARDSHIP DOCUMENTATION FORM This form is a required submittal for ALL variance applications. An application vi^ill 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 tne 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? t. j 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." -p7^ T?»t=' a 1. 2. 3. 4. ,:y\t tW v/s. L-tn. "The plight of the landowner is due to circumstances unique to his property not i \7n}} ' I [IT'\ \ u i .t) ■» > l*~ Sr4zA-w:-j e variarice. if granted", wiUmot alter the essenti^character of the locality." fVV\MM rj7T‘f</T ''''’'ypKhi'K C-^/T^vn-Is —*J74^— TvvtA-L'77i^ \f SibAj/FlCA^CC_____ "Economic considerations aione shall not constitute an undue hardship if reasonable use for the properly exist^nder the tenns of the Zoning Chapter." “TTWigi- lAfyg* rLC Vawi-rysvVi _____ on rV. '.v J T- r 5. 6. Page 2 of3 "Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter." ___________________________________________________________________________________________________________ •The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is r-;t permitted under this Chapter for property in the zone where tFie>ffected person's land is located." "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." ________________________________11- _____________________________________________________________ 8. 9. 10. "The special conditions applying to the structure or land in question are peculiar to such property or-jf^nmediately adjoining, property." \^rr -\/v? -r& "The conditions do not apply generally to other land or structures in the district in which said land is locatetn » .—7 • "The granting of the application is necessary for the preservation and enjoyment of a entetantial property right of th^applicant." 1 h^L30gnrv| v^. ^4- \n\ynj/\jui^ Ani (JjlTTUhftyV ______ '173<y |-VT^'Tr,'/iLvL/h_ ■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." , \ / _______IT' UvW Wvsr-ffuL^ TU^, Lmo(T> "t- yAtJu^ #Q,0 ■ < V T. Page 3 of 3 12. "The granting of such variance will not merely serve as a convenience^ to the aDPlicanl, but js-rvecessary to alleviate demonstrable hardship or difficulty.'' (A >rini£>w yep- ;X . ^ i Pet 1 P’1 /vng-'^n— rp/^t>y LatsjiO 0 ' >'‘v— Hardship Statement C?C7v,-pTni.s^UH TZ?T fV\c^.7^-/^Pr^r’fV^/vrYr .. Hardship statement ^ ^ ^ u- 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); iAAfLQSwHt? L>f= ‘Tl^pr i'^ jyy.^VKiT^ Qn T)lg- XT^/>ryv^r> ,f**j t"Y\L*^ I -agy/sj L< AiTi40i _ #v <■•*■tJ i: ^7• • • • • % A • 0\/ e J Jimit Ik fimii'ftiMTiiiiliii' 1 liiiii EXHIBIT C hold a public hearing or hearings on each application for a permit. Notice of the public hearing shall be given not less than ten days nor more than 30 days prior to the date of the hearing by publication in the legal newspaper for the city. Such notice shall contain the description of the land and the proposed use. At least ten days before the hearing, the city clerk shall mail an identical notice to the applicant and to each of the property owners within 350 feet of the outside boundaries of the land in question. Failure of the property owners to receive notice shall not invalidate the proceedings. At the public hearing, the planning conunission or the council shall review the application and the statements and drawings submitted with the application and shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained. (Code 1984, § 10.31(5)) .................. Sec. 78-568. Lot area requirements. Within any RS seasonal recreational district, no new lot or parcel shall be created less Ilian 5.0 acres in dry-buildable lot area exclusive of any designated wetlands. Within any RS seasonal recreational district, the following provisions shall govern the buildability, use and/or subdivision of each existing record lot: Record lot definition. For purposes of the RS seasonal recreational district, a "record lot" shall mean all the contiguous or abutting land owned in common by the same person or persons as of November 9,1981 , or at any tunc such common ownership may occur thereafter, including one or more separately platted lots or unplatted parcels of land, and/or one or more separately identified tax parcels. Because of the unique circumstances and actual use patterns existing on the islands, also included within the definition of a "record lot" is commonly owned land that is contiguous except for being separated only by platted unopened public right-of-way. Each record lot shall be considered in its entirety to be one lot for zoning purposes. a.The effective date for dctcnuination of conunon ownership is November 9,1981, the date of adoption of Ordinance No. 238, establishing a moratorium on development, including land subdivision, on the Lake Minnetonka Islands. Common ownership as of that date has been and shall be deteimined by the deeds of record at the county recorder's office. This definition shall not preclude the city from recognizing or enforcing the common ownership/lot of record provisions of Ordinance No. 172, or any other similar prior ordinance. b.The council has identified and establishes 69 record lots on Big Island, Mahpiyata Island and Dccring Island as listed by record lot c. d. e. number in the left-hand column of subsections (4), (5), (6) and (7) of this section. Each such record lot shall include all land identified by all tax parcel property identification ntimbers (PIDs) grouped together following the record lot number. Within 60 days after January 13,1983, the owner of each record lot shall be notified in writing at his last recorded address of the classification of each record lot, including all tax parcels determined to be included in such record lot. All existing uses in the RS district are identified in the record lot inventory, subsections (4), (5), (6) and (7) of this section, and all such uses have been deemed to be seasonal in nature. The notice shall provide that in order to receive the benefits of the automatic lot area variances granted by subsections (6) and (8) of this section, the owner shall on a form provided by the city acknowledge tlte record lot and shall apply for combination of all separate tax parcels pursuant to subsection (2) of this section. Any record lot owner may appeal the record lot classification or use detennination to the council with no application fee required within six months of the effective date of this division. The record lot inventory shall te considered accurate and final for all properties except those fouri on appeal to have a demonstrable cause for change or adjusiurent. Notice of record lot establishment shall be filed by the city in the chain of title of each property. Future changes in tax parcel property identification numbers caused by combination of parcels for tax purposes or for any other reason shall not alter the establishment of record lots. New record lots shall be created only by council approved subdivisions pursuant to subsection (3) of this section, or by combination of two or more complete record lots. Tax parcel combination required. No new building pemiit, variance or conditional use permit shall be issued for any purpose on any record lot composed of two or more tax parcels unless tlie owner of such record lot shall apply for a formal combination of all commonly owned property into one parcel. If contiguous, all property shall be combined into one tax parcel. If separated by public right-of-way, a special lot combination fomt shall be executed and filed in the chain of title of each separate parcel. Subdivision of record lots. All record lots established in this section shall be continued in common ownership and shall not be subdivided, sold in parts, reduced in area, leased or otherwise separated without application for and council approval of a subdivision in accordance with ch^ter 82. Such subdivisions will normally be approved and additional new record lots created only if all resulting lots are each 5.0 acres of dry-buildable lot area or more. No existing record lot shall be divided or reduced in area to less than 5.0 acres of dry-buildable lot area, except as follows: a.Lot line rearrangements between abutting properties that do not create an additional building site will normally be approved. b.Separation of platted lots divided by public rights-of-way may be approved provided the separated lot is combined with other abutting property to enlarge the property without necessarily creating an additional substandard building site. (4) Subdividable record lot inventoiy. The following record lots are established, each of which is determined to have a dry-buildable lot area in excess of 10.0 acres per owner. Therefore, each of the following record lots may be subdivided into two or more lots in conformance with the minimum lot area requirements of this section, subject to subdivision application and approval pursuant to subsection (3) of tliis section and to chapter 82. Record lots are identified by record lot number, and each includes all property identified thereafter by the listed tax parcel property identification numbers: Record Lot No.Location Tax Parcels in Common Ownership Combined Dry Acreage 1)Big Island U-U7-23 34 0001 23-1 17. 23 21 0001 23-117-23 22 0001 44.5 2)Big Island 22-117-23 13 0003 0004 22-U7-23 14 0001 0003 23-117-23 22 0014 0015 38.3 31 Big Island 22-117-23 24 0001 17.6 4)Big Island 22-117-23 13 0001 0005 22-117-23 42 0001 198 (5) Conforming record lot inventory. The following record lots are established, each of which is detennined to have a dry-buildable lot area of 5.0 acres or more per owner. Therefore, each of the following record lots are in conformance with the minimum lot area requirements of this section, and may be used for any one-family permitted or conditional use in the RS district, subject to all perfonnance standards and approvals required, including t2tx parcel combination pursuant to subsection (2) of this section. Record lots are identified by record lot number, and each includes all property identified thereafter by the listed tax parcel property identification numbers. "SD" means permitted seasonal dwelling; "SR" means permitted seasonal recreational use without structures; "CUP" means conditional use permit: Record Lot No.Location Ta.x Parcels in Common Ownership Combined Dry Acreage Existing Use 1 1)Big Island 14-117-23 34 0001 23-117- 23 21 0001 23-117-23 22 0001 44.5 CUP Overnight Camp * 2)Big Island 22-117-23 13 0003 0004 22-117-23 14 0001 0003 22-117-23 22 0014 0015 38.3 CUP Park Big Island 22-117-23 24 0001 17.6 SD & CUP 4)Big Island 22-117-23 13 0001 OOO'S 22-117-23 42 0001 19.8 SR Big Island 22-117-23 14 0002 0.0 CUP 6^Big Island 22-117-23 31 0001 63 SD 1 71 Deenng Island IS-l 17-23 31 OOOl 6.5 SD • (6) Substandard buildable record lot inventoty. The (oWow'xn^ record \o{5 aie established, each of which is determined to have a dry-buildable lot area of less than 5.0 acres per owner, which lot area is substandard pursuant to tire minimum lot area requirements of this section. However, based upon individual lot surveys and existing lot development patterns, the record lots listed are granted lot area variances and are recognized by the council as buildable lots. Each of the following record lots may be used for one-family seasonal recreational use or for a single pennitted seasonal dwelling, which may be either the existing dwelling, a replacement dwelling, or if vacant, a new dwelling, without further council action or review, subject to strict compliance v ,h all setback, hard cover, on-site sewage treatment and other performance standards tc development in the RS district, including tax parcel combination pursuant to subsection (2) of this section. Record lots are identified by recol d lot number, and each includes all property identified thereafter by the listed tax parcel property identification numbers. "SD” means pemiitted seasonal dwelling; "SR" means pennitted seasonal recreational use without structures; "CUP" means conditional use pemiit: Record Lot No.Location Tax Parcels in Common Ownership Combined Dry Acreage Existing Use 8)Big Island 23-117-23 23 0001 23 0002 4.3 SR 9)Big Island 22-117-23 24 0006 24 0008 3.7 SD 10^Big Island 23-117-23 22 0002 3.6 SD \ n Mahpiyata Island 22-1 17-23 13 0002 3.4 SD 12^Big Island 22-117-23 42 0019 3.1 SD 13>Big Island 22-117-23 24 0009 3.1 SR 14>Big Island 22-117-23 42 0001 2 7 SR 15)Big Island 23-117-23 32 002S 0029 0046 0047 0048 0049 2.5 ^SD 16)Big Island 23-117-23 32 0001 0002 0013 0014 0015 0044 2.2 SD »7)Big Island 23-117-23 320030 0031 0032 0033 0041 2.0 SD 18)Big Island 23-U7-23 22 0018 1.8 SD 19)Big Island 22-117-23 42 0004 0009 0010 0011 0012 0013 0014 0015 0016 0017 0018 1.7 SR 20)Big island 23-117-23 32 00420053 11.5 SD 21)Big Island :2)Big Island 22-117-23 31 0002 23-117-23 41 0001 1.4 23-117-23 32 0013 0014 0015 0019 1.3 24) 1 Big Island ( >3-117-23 32 0043 0044 1 )050 l.l !5D 25) 1 Big Island1 23-117-23 32 0003 0035 1 0040 1.0 :SD 26} 1 Big Island1 23-117 -23 23 0007 OOOS 0009 0010 l.O SD 27) 1 Big Island 23-117-23 32 0005 0006 0007 0008 0009 0.97 SD 2S) 1 Big Island 22-117-23 31 0025 0.97 SD 29) 1 Big Island 23-117-23 32 0024 0025 C026 0.90 SD 30) I Big Island 23-117-23 32 0051 0052 0.86 1 SR 31) Big Island 22-117-23 31 0005 0006 0023 0024 0.84 SD 32) Big Island 23-117-23 32 0054 0056 0.80 ‘SD 33) 1 Big Island 23-117-23 32 0021 0022 075 SD 34} 1 Big Island 22-117-23 31 00120013 00140015 0.68 SD 35) I Big Island 22-117-23 31 0017 00IS 0019 0.68 SD 36) 1 Big Island 22-117-23 23 0013 0014 0.66 SD 37) 1 Big Island 23-117-23 23 0015 0016 0.65 SR 38) 1 Big Island 23-117-23 23 0011 0012 062 SR 39) Big Island 23-117-23 23 0023 0024 0.59 SD 40) 1 Big Island 23-117-23 32 0023 054 SR 41)Big Island 23-117-23 32 0058 0.53 SD 42)Big Island 22-117-23 31 0009 0010 0011 0.51 SD 43)3ig Island 22-117-23 24 0002 0003 0.50 SD 44)Big Island 22-117-23 31 0003 0004 0 50 SD 45)Big Island 22-117-23 31 0007 0008 0.49 SD 46)Big island 23-117-23 23 0017 0018 049 SR 47)Big Island 23-117-23 32 0037 0.46 SD 48)Big Island 23-117-23 23 0019 0020 0.46 SD 49)Big Island 23-117-23 23 0021 0022 0.44 SD 1 50)Big Island 22-117-23 31 0021 0022 0.40 SD 51)Big Island 23-117-23 23 0027 0.39 SR 52)Big Island 23-117-23 32 0004 0038 0.3S SD .J. 53)Big island 23-117-23 32 0057 0 35 SD 54)Big Island 23-117-23 23 OOOS 0006 033 SD 55)Big Island 23-117-23 22 0017 0.33 SD 56)1 Big Island 23-117-23 32 0027 0.33 SD 57)Big Island 23-117-23 32 0055 0.33 ^SD 58)Big Island 23-117-23 32 0034 0036 0.32 11 SD 59)Big Island 22-117-23 24 0005 0.25 SD 60)Big Island 22-117-23 31 0016 023 SD 61)Big Island 22-117-23 32 0039 0.20 SD 62)Big Island 23-117-23 22 0009 0.18 SD (7) Substandard unbuildable record lot inventory. The following record lots are established, each of which is approximately one-Uiird acre in area or smaller, wliich lot area is too small to accommodate any form of new permanent use without available services such &s inunicipsl sewer. E&ch of the following record lots are therefore determined by the council to be unbuildable and may not have structures or buildings erected unless a variance to tliis section shall be issued by the council. However, one- family seasonal recreational use without structures pursuant to section 78-564(2) shall be permitted subject to strict compliance with all on-site sewage treatment performance standard requirements for the RS district. Record lots are identified by record lot number, and each includes all property identified thereafter by tlie listed tax parcel property identification numbers. SR means seasonal recreational use without structures; Record Lot No.Location Tax Parcels in Common Ownership Combined Dry Acreage Existing Use 63)Bis Island 23-117-23 23 0003 0004 035 SR 04)Bis Island 23-117-23 22 0010 0011 034 CUP-Park 65)Big Island 23-117.23 32 0016 0017 026 SR 66) .......................Big Island .22-117-23 24 0004 0.25 SR 67)Big Island 23-117-23 32 0020 0.21 SR 6S)Big Island 22-117-23 32 0018 0 IS SR 69)Big Island ! 22-117-23 31 0020 0 IS SR 1 ‘- r (8) Substandard unbuildable record lot exception. Any new record lot resulting from future combination for ownership and tax purposes of any two or more adjacent record lots listed in subsection (2) of this section with each other and/or with another vacant or undeveloped record lot, which total di7-buildable acreage meets or exceeds one-half acre, will be granted an automatic lot area variance and will be recognized by the council as a buildable lot as if it had been listed under subsection (6) of this section. Each such new record lot may be used for one-family seasonal recreational use without structures, or for a single permitted seasonal dwelling without further council action or review, subject to strict compliance with all setback, hard cover, on-site sewage treatment and other performance standards for development in the RS district, including tax parcel combination pursuant to subsection (2) of this section. (Code 1984, § 10.31(6)) Sec. 78-569. Lot width requirements. Within any RS seasonal recreational district, no new lot or parcel shall be created less than 200 feet in width measured at the shoreline and at the building site. No existing lot of record shall be reduced by any lot line rearrangement to less than 50 feet in width measured at the shoreline and at the building site. (Code 1984, § 10.31(7)) Sec. 78-570. Yard and setback requirements. Within any RS seasonal recreational district, the following yard and setback V requirements shall be observed for all new structures and for any addition or alteration to any existing structure, whether temporary, seasonal or permanent; (1) Minimum setback from lakeshore, all stmetures, including decks, fences, retaining walls, wells, on-site sewage treatment systems and land alteration of any kind, 75 feet. (2) Minimum setback from designated wetlands shall be: a. Wells and sewage treatment systems, 75 feet. b. All structures, land alteration or hard cover of any kind, 26 feet. (3) (4) Minimum setback from platted street riglits-of-way, all structures, 30 feet. Minimum setback fr om internal side or rear property line shall be: a. All structures on lots 200 feet or more in width, 50 feet. b. All structures on existing record lots 100 feet or more in width but less than 200 feet in width, 30 feet. c.All structures on existing record lots less than 100 feet in width, ten feet. (5) Minimum setback any building to any other, ten feet. (Code 1984, §10.31(8)) Sec. 78-571. Lakeshore hard cover regulations. Within 75 feet of any shoreline, there shall be no excavating, filling, hard cover, temporary or permanent structures. Within 75 to 250 feet of the shoreline, there shall be no greater than 25 percent hard cover. Within 250 to 500 feet of the shoreline, there shall be no greater than 30 percent hard cover. Within 500 to 1,000 feet of the shoreline, there shall be no greater than 35 percent hard cover. (Code 1984, § 10.31(9)) Sec. 78-572. Buildiog height. Within any RS seasonal recreational district, no structure or building shall exceed 2 1/2 stories or 30 feet in height except as provided in section 78-1366. (Code 1984, § 10.31(10)) Sec. 78-573. Building construction standards. Within any RS seasonal recreational district, all new buildings or structures and 1 PROPOSED BUILDING LOCATION & GRADIN(3 PLAN FOR DONALD HENDERSON IN LOT 4, KITCHEL'S SUBDIVISION OF GOVT LOTS 5 & 6, SEC. 22-117-23 HENNEPIN COUNTY, MINNESOTA EXHIBIT D 0 30 60 120 SCALe FEET lEOAL OESCmPTlON OF PREMISES; ...»Thaipwt of Lo(4.mKMdiers SubdMaiono(OovtmrvMnlloUS and6inStcSoA 22. TowniMp 117 North. Ranga 23 Witt oT Iht Sih Prtndpal Mtrtdiart. dticrtttd •t foMwt: Corrvntncino at tw MuVyMfil comar oT said Lot 4; tfiafKa runnino north 300 fttl; Stanca at rtghi angltt East lo Oit aatlarty boundary Ir^ of said .o( 4: Ihanea soutMoiiorty along said Hna lo lha short of Laka Mirvwionha: lhanca Nordaaasiarty along said short to fm polnl of bagMng. al on Otg Island. Laka Mkinalonka. This sirvay shows boundarias of dw about dascrtbad proptrty. H dots not purport 10 show wy odiar Improvamanu or ancraachmanU. O: tronmariiar e : JudkM landmark Sound Baartngs shown art basad upon an assumad dakan NOTE: Tha ludtelal landmarks found along dw North mt of said US 4 sal pr Tonant Casa No. 4229 wart usad to dttarmlna lha boundarlof of lha abova dtsolbtd proparty. . UMTINQ COMTOua UNI wawono CONTOM UNO ( \ \ 1 \ IfMtraMUMMIm. W aM'irvs 12170 <D SA^ MlMik Wkf.- PROPOSIO BOiLOINO t r- '/ // y / /y / i .y fm Jmnnt C«m lU. «3t LAKE MINNETONKA MOt| M. M r<M VM snw IM «MIfWlftM IS iMi y§«?— s! z! CO 1*1 5835' oi§“*oilCO § -* CO «0 US oai|5 gslJui 2 ^ CQ 5 3 U ZSzg o'* IIip. ii>pIf PH I SETBACK ZONE: (CIRCLE ONE) rvigTlNG HARDCOV^IN zone R CAW^.ON WORKSHBeT EXHIBIT F A. House tv^{ Length 1 X X B. Garage C. Driveway X X D. Sidewalk ( X X E. Patio/Deck X X F. Landscape Underlain By Plastic X X X G. Retaining Walls H. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTYARE^^^E + B PROPOSED hardcove r »N ZONE A. House AO---------- Length X K B. Garbage C. Driveway X X D. Sidewalk X X E. Patio/Deck X X F. Landscape Underlain By Plastic X X X G, Retaining Walls H. Olher TOTAl. HARDCOVER IN ZONE TOTAL PROPERTY AR^^N ZONE A ♦ B if t ■ \ .4- -ft Trtrf till III Width s _S.F. s S.F. -_S.F. IS _S.F. s S.F. 3 — S.F. C S.F. S S.F. 3 SF. S.F. S S.F. S.F. S.F. S.F. S.F. X100 » S.F. A S.F. B Width S ('Ll' )0 S.F. S.F. “ “ S.F*. 3 S.F, S.F. •■•'53 S.F. s 3 S.F. S.F. ..., I f mm B S.F. S.F. y S.F. V S.F. S.F, ; S.F. S.F. (^poo \2jdC x100 S.F. A rt>~_ S F. B \iii i ■ m i I exhibit g J 9i Ic A I 560 Big Island Orono, Minnesota Prepared by Svoboda Ecological Resources for: Don Henderson % Wetland Classification, Identifi cation, and Delineation Services; GPS Services Project No. 2004-312-03/71 September 14, 2004 2477 Shadywood Road • Excelsior. lv!N 55331 (952)471.1100 • (95:)47|.C007(Fa\l ■ i i i i n II n a « a II SVOBODA ECOLOGICAL RESOURCES Providing the Sharper Edge in Natural Resources & Environmental Consulting I 4 September 14. 2004 Don Henderson 5018 Normandale Court Edina, MN 55436 RE: SER Project Name: 560 Big Island - Orono SER Project No: 2004-312-03 Project Location:" Lots 5 & 6, Section 22, T117N. R23W, City of Orono, Hennepin County, Minnesota Project Description: Wetland Classification, Identification, Delineation, & Staking Ser/ices; GPS Services Dear Mr. Henderson, As requested, Svoboda Ecological Resources (SER) visited the above referenced property on September 14,2004 to examine the site for the presence of areas meeting wetland criteria. Criteria for determining jurisdictional wetlands are as described in the 1987 U.S. Army Corps of Engineers Wetlands Delineation Manual (1987 Manual) as rec[uired by the Minnesota Wetland Conservation Act. SITE DESCRIPTION v • ' The subject parcel is approximately 1.5 acres consisting of a wooded upland area and a depressional marsh area. The topography of the site varies significantly; perpendicular to the lakeshore and marsh area the property abruptly rises in elevation to the irorthwest at roughly a 1:4 slope. The northwest portion of the property consists of a forested lot while the eastern portion of the property is dominated by Nyetland. Lake Minnetonka borders the property to the south (See Figure 1). The surrounding area land use consists of singfe-family housing and forested lets. METHODS National Wetland Inventory (NWl) maps (Figure 2), Soil Survey of Hennepin County maps (Figure 3),‘Minnesota Protected Waters maps, and 2003 aerial photographs were reviewed prior to the site visit to identify areas that may be wetlands. Areas illustrating evidence of wetland conditions were examined in greater detail during the field survey. Vegetation, soils and hydrology were examined (as outlined in the 1987 Manual) and used to characterize wetland types and determine wetland boundaries. S ample transects were established in representative wetland-to-upland transition zones in order to characterize the vegetation, soils, and hydrology of the site. Transects consisted‘of representative upland sample point(s) and representative wetland sample point(s). Information obtained from the sample points can be found on the field data sheets located in Appendix A. r 2477 Shadywood Road • Excelsior. MN 55331 (952) 471-1100 (Office) • (952) 471-0007 (Fax) i « n a n IN ■tt a « pn^ A Wetland boundaries were marked at the site by blaze-orange “wetland boundary” flagging attached to 4-foot wooden lath. Where vegetation was dense, to assist in locating the flagged lath (wetland edge), a second piece of flagging was attached to a nearby tree or shrub branch. The wetland boundary” is considered to be the topographically highest extent of the wetland basin: areas below the staked boundary met the three required wetland criteria while areas above were lacking in one or more of these criteria lacking Wetland classification followed methods described by Cowardin et al. (1979) and used in the NWI (e.g. PEMB, PSSIC, etc.), completed by the U.S. Fish and Wildlife Service. The Circular 39 classification (Shaw and Fredi.^e 1956) is also given (e.g. Type 1. Type 2...etc.). The indicator status of plants, as described in Appendix B, was determined using the National List of Plant Spacias That Occur in Wetlands — Region 3 (Sabine 1999). RESULTS AND DISCUSSION Background Information- (Office-Based Investigation) The NWI map (Excelsior Quadrangle) illustrates one wetland basin and one lacustrine (lake) basin on the subject parcel (Figure 2). The wetland is der.cribed as a palustrine (P) type wetland exhibiting emergent vegetation (EM; and semipermanently flooded hydrologic regime (F), or a Type 3 PEMF wetland on the NWI map. The lake is described as lacustrine (L) of the limnetic subsystem (1) exhibiting an unconsolidated bottom (UB) and a permanently flooded hydrologic regime (H) or a LIUBH lake on the NWI map. The Soil Survey of Hennepin County. Figure 3, indicates three soil series present on the subject property. These soil series are: Hayden loam, lake beaches, sandy, and marsh (see figure 3). Marsh is classified as a hydric soil {SCS Hydric Soils of the United States), illustrated with blue crosshatching on Figure 3. Soil series descriptions are given in Appendix C. Minnesota Department of Natural Resources, StateProtected Waters Map, indicates a protected water body (133P) within the subject parcel (Figure 4). Site Visit SER personnel examined the subject property for areas meeting jurisdictional wetland criteria during the site visit. One basin meeting the jurisdictional criteria of l wetland, for which a boundary was Tf'' determined, was delineated. Detailed soils, vegetation, and hydrology daia for the delineated wetlands are provided in the data sheets of Appendix A.•j£'. Basin 1 | Upon completion of the wetland delineation it has been determined that Basin 1 is a Type 3, ***" palustrine (P) type wetland exhibiting emergent vegetation (EM), and a semipermanently flooded hydrologic regime (F), or a PEMF wetland, located within the eastern portion of the property (See j- Figure 5). '■ .1*' *'nV Vegetation at the wetland sample point was dominated by lake bank sedge {Carex lacustris, OBL) 1 and box elder (i4cer negundo. FACW-). Non-dominant plant species at the wetland sample point ’ • included wood nettle {Laportea canadensis. FACW), nanow-leaved cattail {Typha angustifolia. OBL), water smartweed (Polygonum amphibium. OBL), and common buckthorn (Rhamnus B n d n d a d d d d d wM d d d cathurtica. FACU). The upland sample point was dominated by sugar maple {Acar .saccharum, FACU). Non-dominant plant species at the upland sample point included American basswood (Jilici Americana, FACU). and common buckthorn. The majority of Basin I is dominated by cattail species. A dork organic mucky loam overlaying sand with redox features below 6 inches characterized soils at the wetland sample point. Soils at the upland sample point were characterized by a brown loam to clay loam overlaying a sandy clay loam mineral soil with few redox features below 10 inches. Water was observed at 12 inches below the soil surface at the wetland sample point, no water was observed within the borehole at the upland sample point. Approximately 20 lath were used to delineate «iis basin. A topographic break, the transition from hydrophytic vegetation to upland vegetation, and depth to free water in the borehole were used as the primary boundary cues while delineating this basin. RECOMMENDATIONS While the wetland boundary that SER has delineated is not official until approved by a WCA approved local government unit (LGU), SER advises the property owner to refrain from any filling, draining, or excavating, or any impact to the area SER has delineated as wetland. Depending on the location of the property, buffers around the wetland may also be protected. Any activities in tlie proximity of the wetland should be cleared with appropriate WCA regulatory agencies. The client should also be aware that approved wetland boundaries are typically valid for only three years from the date of approval. CONCLUSIONS SER examined the subject property and delineated one wetland located within the subject parcel (Figure 5). The delineated wetland boundary exhibited a dominance of hydrophytic vegetation, hydric soils, and wetland hydrology. Based on the apparent permanence of wetland characteristics within Basin 1, this basin likely receives hydrologic inputs from the shallow groundwater table, as well as from runoff from the surrounding landscape. Please feel free to contact Ben Carlson or Frank Svoboda at (952) 471-1100 if you have any questions regarding the information in this report. You will be receiving a follow-up phone call in two to three weeks to see if there is anything else that is needed. SER appreciates the opportunity to assist you with this project and we look forward to serving any future needs that you may have. Sincerely, Svoboda Ecological Resources Franklin J. Svobodai, CWB, PWS Vice-President Ben Carlson Wetland Ecologist ■'I, y •• -—— II ■ i Bl inl d ■M d d d d d d « 1 DATA SOURCES Minnesota Department of Natural Resources Protected Waters Inventory Map. Hennepin County. 1983. Soil Survey of Hennepin County. April, 1974 U.S.D.A. 159pp. plus appendices. United States Fish and Wildlife Service National Wetland Inventory Map - Excelsior Quadrangle. 1991. (Taken from May 1980 aerial photographs). Digital Orthophoto Quadrangle - Hennepin County, Section 22, Township 117N, Range 23W. uses. April, 1991. If c Vi) € ■ r>i UiOtkl* I . / *•» V > J* •« t • • .* tl /: ••V' /*. /. •• • *r 1 ' V' »' <• • ♦ , II II '*V *:i.\ . •• It H 0 /■* t • //' . • % . V • • A- • % ,• . ».*••' ' .. . • ; '**«.• * ,<•' ~ • W,., ^ • v»^ //;■* •■■ •. *• ' •••■* c'‘ '*.v-P>- »• '• / * ; •. ;• • ••. \ ’ • •• • . •.*• •• .•• •.* • ./' \ 1; • . "lA a , , ••. • ..«* . • • • . » /• /. .^StinrKiy 'point - ‘-i- ‘ • •. V* V .%* . • X ••»• • • *•*•••* •• •/ •.• • •»•!•»«V ^r*. •’• ^ .^1 T'lnka I'av • • J \ »^ .. \V“- ,* •, « \i\> i^uy • • - # ■ / pv!.- /. • • • tSo' bcrfc* ^ rt.int: r • .• ••. .• *• • • •• • •. *•••*.* • ✓ •r ■ r*;ii Excelsior. •-.• - « • • * ^ • • • • • ________^ r • «*. *__ ?; > i . vv V:■• •• t- • ( • .V.* /Wi' • ••• ... Map of Site J . L,. ... ,m. - 4 ,, •>-»«• •• a 3 I 13 I II II II II mJSP National Wetland Inventory Overiayed on 2003 Aerie! Fhc' '"- / li i fei! Sm Hennepin County Soil Survey Overlay».ci on 2003 Aerial P!io!o . ''- Ji • 5 fe-mM t —. :* rvoy ^ *o '' ‘. W l^:?'’;'X, :’A^k- rV • ‘ 'C -‘'. ■^. - -‘ ' ■• g'iffspiarwn 5^r?t*.v ■.'■'•■ ’ ■ •TIV I3MIIP' ■■ ■ r m 2033?-V 4^ m • r ... •’• ••■I'i '-u>. ? • Si':?.! : /s ■ "^vy 'iS1 •. - » "■V -- '■ •'* .i . '* ’-ifj Mm b^i mm ' c\i; . m < lacEMSSik Ir . . V-.-,-Lrt~.V«»?J^-?;' rPiHllfc 11^'' ‘1 ” m w / *■ -I <!. '•'3- V ^ ; ,c/:;•■ u':4AA ••••:: :';g:{5| f??. W'^. . .V J--i iV.J^r^Ui!i m : ■ ■' Ivx&Si m.feHr* • ' *: xV- ms- ■'■1 '• ••• V\ .. «-!iW fcVt. ; ' ISA I • 1 >• N'. i'51':I V [vTn/DNR Public Waters Invenvcrv KjMpnp*'OoP.^V» ^^Or;. V3 .•'* ’ \ *\ ; iygw^» '■ "■ \ <1 I -* j m J." I 3 I n a M I GPS Wetland Boundary Overiayed on 2003 Aerja! Photo yjtr< ♦j in \. 1 d II II d 01 d nil M ▼ SVOttODA ECOLOGICAL* RESOURCES Wctktnils Inventory <& Delineation • Fisheries • Wildlife • Natural Communities Sue Nanu:: 560 Island OajiinVAfvtt; Basin I InvcsiiKaiurs: BPC Ojtc. Sample ruinl Coinmuniiy September 14. 2004 SP M WET Tvne 1-PEMF DliiuibcU Cnndhion7 Yei Nature of Oiaturhance: No v/ VEGETATION nnminnnti t»:o% * ba»al of »cfial covenge) snceica siouuo In liHiwf 5mui Carcslrnmil____________ OBL Non-dominants Actr nevunito H V S© FACW- H V S T H V S T H V S T H V S T H V 5 T Sn^isi Lupurieu cunadensis Typha uninuftifolia flhanwui cathgrticu Pulvvonum gmphibutnt Stratum InJiuatnr Staiui 0V s T FACW ©V S T obL H V^T fa CU (©VST obl H V S T___________ H V S T _____ H V S T >50%ofDominanuFACorwcucf'» ✓ Yci No >SQ% of Dommants FACW. OBL (FAC-ncairal test) ✓ Yei ____^No N/A Notci: He»taccous. shrub, and tree species observed at sample location SOILS County SoH Survey Map Unit: Marsh ^ Soil Series is on National Hydiic Soil List ✓ A ko mapped as depression or wet spot on Soil Survey Figld Observations Hydric soil assumed because plants arc OBL and FACW and wetland boundary is abrupt i/ Orpnic Soil^ Mineral Soil Hnfiion/DeDth Motrix Colof Texture 0-6" ____ I0YR2/I Organic (HemicT Features 6-12’10YR3/I Organic Loam 12-16*lOYR 4/1 Sand Common/Distinct 7.SYR 4/4 Root Channels Common/Prominent 7.SYR 4/6 lOSM Hydric Soil Present? ✓ Yes Undetermined Notes: ‘Iron Oxide Sofl Mass (lOSM) Primary indicators (P) Secondary indicators (S) HYDROLOGY Depth of aomplinf Inches Inundated. Depth of Water: (P) Oxidized Root Channels in Upper 12 inches (S) Drainafo Pattema in Wetlands CP) Free water in borehole. Depth from Surface; \2‘* Water Marks. Elevation: (P) ^ Water-suioed leaves (S) ^ Local Soil Survey Data (S) Drift Lines or Sediment Deposits (P)^ FAC • Neutral Test (S) Hydrology Cnicnon Met? ✓ Vci Other ObicTvaiicns. WETLAND DETERMINATION IsiheSamplaPoinilBWctUad? Yc» ✓ No_____Undetennined _____ OUmKe from Dclmcotcd Edge: iQ fi. N/A Nous; Wetland edge bated cn vegetation, soils, ind topographic lir-c • / I. t . * • - ■“ ■■ uk-ni. I SVOBODA F.COLOGICAL'RESOURCES a n 0 i HI n r Wetlands Inventory c^: Delineation • Fisheries • Wildlife • Natural Communities Siic Name: 560 3i>j Islnnil________________ OasinVArva: Basin I Invcttigaium: 0pC Date; Sample Pi*iiu lOt Cnmmuniiy Type: Septentber 14. 2004 SP 1-1 UP Upland OisturbcU ConUiiiim? Yes Naiun: of Disturbance: No 4/ VEGETATION Dominants (>2CH ♦ or aerial coverage) Sneciia Imm intillMlAf-Siaitfi Acer.uivchuntm ^ ^ FACU H V S T H V S T H V S T H V S T “ “ H V S T H V S T Non-dominants gnSilSI Titia amcrituna Rhunmux culhiirtiLU Stratum Inilicator Status H V S® FACU H V(S^T PACU H V S T H V S T H V S T H V S T H >50H of Oominactis FAC or wetter?Yes ✓ No >50% of Dcminams FACW. O0L (FAC-neutral test) VST Yes ✓ No N/A Notes: Shaib and tree species observed at sample location SOILS County Soil Survey Map Unit: Hayden loam Soil SeHci Is on National Hydric Soil List Area mapped as depression or wet spot on Soil Survry Field Observations Hydric soil auumed bccauM plants are OBL and FACW and wetland boundary is abrupt Organic Soil^ Mineral Soil Horizon/Dcoth O-IO" Matrix Color lOYR 3/2 Texture Loam Features 10-16-lOYE 3/1 Ciav Loam Common/Distinct Dcpl.. Few/Distinc* lOSM 16-24 “I0YR5/1 Sandy Clay Loam Few/Distinct 2.5YTI 5/6 lOSM. Carbonates Hydric Soil Present?✓ Yci No Undetermined Notes; *lron Oxide Soft Mass (lOSM) jPnmnry indicators (P) Secondary indicators HYDROLOGY Depth of sampling:Inches Inundated. Depth of Water: (P) Free water in borehole. Depth from Surface: Water Marks. Elevation: (P) Drift Lines or Sediment DcposiU (P) Oxidized Root Channels in Upper 12 inches (S) Drainage Patterns in Wetlands (?) Watcr-stamed leaves (S) Local Soil Sur>cy Dau (S) FAC - Neutral Test (S) Hydrolagy Criterion Ma?Yes ✓ No Ovhcf Observations: No free water observed within borehole U the Sample Point in Wetland? Yas WETLA jND determlnation No ✓ UnJcicrmincd Diiiarcc from Delineated Edge: |Q f). N/A a j I I I I I fl I % a q q q I I i INDICATOR CATEGORIES* Obligate Wetland (OBL) - Occur almost always (estimatedprobability >99%) under natural conditions in wetlands. Facultative Wetland (FACW) - Usually occur in wetlands (estimatedprobability 67% - 99%), but occasionally found in non-wetlands. Facultative (FAC) - Equally likely to occur in wetlands or non-wetlands (estimated probability 34% - 66%). Facultative Upland (FACU) - Usually occur in non-wetlands (estimatedprobability 67% - 99%), but occasionally found in wetlands (estimatedprobability J%- 33%). Obligate Upland (UPL) - Occur in wetlands in another region, but occur almost always (estimatedprobability >99%) under natural conditions in non-wetlands in the region specified. If a species does not occur in wetlands in any region, it is not on the National List. *Recd,P.B. 1988. Ni8lo«fll li$l of plant spccici ihw occur in wetlands: Minnesou. Notional Wetlands Inventory, U ^ Fish and Sofvlce. Sl Petersburf. Florida. P7 r m •4^. . L - - . fl i f-1 a iO i II oniciul Series Description - HAYDEN Scries I’ayc I of 3 LOCATION HAYDEN Mil*- tA Established Series Rev. ELB 05/1999 in HAYDEN SERIES r i The Hayden series consists of deep well drained soils that formed in calcareous loamy glr.cl.al till on glacial moraines and till plains. These soils have moderate permeability. Their slop“s range fro»-n 2 to 40 percent. Mean annual precipitation is about 28 inches, and mean annual temperature is about -46 degrees F. TAXONOMIC CLASS: Fine-loamy, mixed, superaciive, mesic Glossic Hapludalfs TYPICAL PEDON: Hayden loam with a 6 percent convex slope on a terminal moraine in a deciduous forest. (Colors are for moist soil unless otherwise noted.) A--0 to 2 inches; very dark gray (lOYR 3/1) loam; weak fine granular structure; very friable; about 5 percent coarse fragments; neutral; abrupt smooth boundary. (1 to 4 inches thick) E-2 to 9 inches; dark grayish brown (lOYR 4/2) light loam; weak thin plaiy siructure; very friable; few very dark gray (lOYR 3/1) worm casts in upper part; about 5 percent coarse fragments; slightly acid; clear wavy boundary. (0 to 12 inches thick) BE-9 to 14 inches; brown (lOYR 5/3) fine sandy loam; weak fine and medium subangular blocky structure; friable; many distinct coatings of clean sand and silt particles on faces of peds; about 5 percent coarse fragments; medium acid; clear wavy boundary. (0 to 8 inches thick) Btl-14 to 28 inches; yellowish brown (lOYR 5/4) loam; moderate fine and medium subangular blocky structure; firm; few faint coatings of clean sand and silt particles and few faint dark yellowish brown (lOYR 4/4) clay films on faces of pads; about 5 percent coarse fragments; strongly acid; clear wavy boundary. Bt2 ”28 to 38 inches; yellowish brown (lOYR 5/4) loam; moderate fine and medium prismatic structure parting to moderate fine and medium angular blocky; firm; many distinct dark yellowish brown (lOYR 4/4) clay films on faces of peds; about 5 percent coarse fragments; few prominent black clayey fillings in root chatmels; strongly acid; clear wavy boundary. Bt3-38 to 43 inches; yellowish brown (lOYR 5/4) loam; few fine promine.it reddish brown mottles- moderate fine and medium prismatic structure; friable; few distinct dark yellowish brown (lOYR 3/^ clay films on faces of peds; about 5 percent course fragments; slightly acid; abmpt wavy boundary. (Combined thickness of Bt horizons is 12 to 30 inches.) C-43 to 60 inches; light olive brown (2.5Y 5/4) loam; few fine faint grayish brown (2.5Y 5/2) and light olive brown (2.5Y 5/6) mottles; massive; friable; and 5 percent coarse fragments; slight effervescence; mildly alkaline. ___ . ^ ^iillIvliT TYPE LOCATION: Rice County. Minnesota; about 4 miles north of Faribault; 1.920 feet east and 30 httD;//ortho.fiw.nrcs.usda.Bov/cei-bin/osd/osdname.cgi?-P 9..'1 4/2004 I Q q i IB IB m q q Onicial Series Description - HAYDEN Series feet north of the southwest corner of sec. 1. T. 110 N.^R. 21 W. Pago 2 of 3 Q| H RANGE IN CHARACTERISTICS: Solum thickness and depth to free carbonates range from 24 to 34 inches. Coarse fragments of mixed lithology comprise 2 to 8 percent of the volume of the control section. The A horizon has hue of lOYR, value of 2 or 3, and chroma of I or 2. The Ap horizon has value of 4 or 5 and chroma of 1 or 2 and value of 6 when dry. The E horizon has hue of IOYR. value of 4 or 5. and chroma of 1 or 2. The A and E horizons typically are loam, silt loam, sandy loam, or fine sandy loam, but include clay loam, if eroded. They are neutral to medium acid. The Bt horizon has hue of lOYR in the upper part and lOYR or 2.5Y in the lower part, value of 4 or 5, and chroma of 3 through 5. Mottles are present in the lower .^ubhorizons in some pedons. It typically is clay loam or loam, but sandy clay loam is in parts in some pedons. The argillic horizon has 18 to 35 percent clay and 30 to 45 percent sand. It is slightly acid to strongly acid. Some pedons have a BC horizon. The C horizon has a hue of lOYR or 2.5Y, value of 4 or 5, and chroma of 3 through 6. It is loam or clay loam. It lacks mottles in some pedons. It has 15 to 25 percent calcium carbonate equivalent and is mildly or moderately alkalikne. COMPETING SERIES: These are the Aman da. Belmont. Belmore. Chenault . Chili. QsggfiQ. Conestoga. Douds. El Para . Gallman . Grcllton. Hebron. Hickory. High Gap. Hollinge_r. Kalamazoo . Kanawha . Kendallville. Kidder. Kosciusko. LeRov. Letort. Lind lev. McHenry. Mandeville. Martinsville. Miami . Mifflin. Military . Nodine. Norden. Qsklsy. Qwosso. Pecatonica . Princeton. Rawson . Relay . Renova. Richland . Riddles. Rockbridge. Roseville, Sisson. Strawn . Summitville. Teanawa v. Theresa . Wawasee . Westville. Whala n. and Woodbine soils in the same family. Amanda horizon soils have more illite in the B and C ho. ‘zon; Belmont soils have redder hue in the B horizon. Belmore, Chili, Kalamazoo, and Ockley soils formed in glacial outwash and have sandy or sandy- skeletal 2C horizons. Chenault soils have chert fragments in the solum and are underlaid by limestone bedrock. Coggon, Gallman, Hickory, Pecatonica, Renova, Riddles, Summitville, and Westvillc soils have thicker sola. In addition, Coggon soils have low chroma mottles in part of the B2 horizon Conestoga, Kendallville, Letort, Richland, and Rockbridge soils have more coarse fragments. Douds, El Dara, Kidder, Sisson, and Wawasee soils have less clay and more sand or silt in the lower part of the B horizon and in the C horizon. High Gap, Hollingcr, Mandeville, Mifflin, Military, Norden, Roseville, Whalan, and Woodbine soils have bedrock beginning between depths of 20 and 60 inches. Grellton, Hebron, Lindley, and Rawson soils have more silt or clay or both in either the lower part of the B horizon or C horizon or both. Kanawha soils are formed in alluvium from acid shale and are in an area of higher rainfall. LeRoy and Strawn soils have thinner sola. McHenry and Miami soils have more silt or clay, or both in the upper part of the solum. Martinsville soils have redder hue in the B horizon and formed in stratified outwash or lacustrine sediments. Nodine soils have thicker sola which is more stratified and leached of free carbonates to greater depths. Owosso soils have more szind and less silt or clay in the upper part of their sola. Princeton soils formed in aeolian sediments and have stratified C horizons. Relay soils have hue of 2.5Y or 5Y in all parts of the B horizon. Teanaway soils have firm sandy clay loam C horizons with redder hue. Theresa soils fo:med partly in loess and have 2C horizons with 40 to 60 percent calcium carbonate. GEOGRAPHIC SETTING: Hayden soils have plane or convex slopes on gently undulating through steep glacial moraines of the Des Moines and Grantsburg sublobe of the Late Wisconsinan glaciation. Their slopes range from 2 to 40 percent and mostly aie 80 to 300 feet in length. These soils formed in calcareous loamy glacial till. Montmorillonite is the dominant clay mineral in the glacial till. Mean http://ortho.ftw. nrcs.usda.gov/cgi-bin/o*‘.d/osdname.cgi?-P 9/14/2004 Official Series Description - HAYDEN Scries Page 3 of3 I I S I 1 I annual temperature Is 45 to 50 degrees, and mean annua\ precipitation is 27 to 33 inches. , GEOGRAPHICALLY ASSOCIATED SOILS: These are the Ames. Dundas, Hamel, Lather, and Nessel soils which are members of a toposequence with the Hayden soils. Moderately well drained Nessel soils have plane or slightly convex slopes. Poorly drained Ames and Dundas soils have slightly concave to slightly convex slopes with gradient of less than 2 percent. Poorly drained Hamel soils are on toe slopes. Organic soils are common associates in some places. I I DRAINAGE AND PERMEABILITY; Well drained. Runoff is medium and rapid. Permeability is moderate. USE AND VEGETATION: Mostly cleared and cultivated to corn, soybeans, small grain, and hay. Native vegetation was deciduous forest of maple, basswood, oak, and elm. DISTRIBUTION AND EXTENT: Southeastern Minnesota and in central Iowa. Extensive. MLRA OFFICE RESPONSIBLE: St. Paul, Minnesota SERIES ESTABLISHED: Hennepin County, Minnesota, 1929. ADDITIONAL DATA; Refer to Minnesota Agrcultural Experiment Station Central File Code No. 967 for results of some laboratory analysis of the typical pedon. National Cooperative Soil Survey. U.S.A. % . if I 1 m httD://ortho.ftw.nrcs.usda.gov/cgi-bin/osd/osd name.cgi?-P 9/14/2004 bidl .i:v' PHO'IO 1: IiiKiyc ornavin I edge facing nonhoast from west ccniral edge of the ba>in. Photo taken in Scpieniber. 2004 Vegetation along the edge mainly lake bank sedge, cattail, common buckthorn and sugar maple. Note rather steep siope>. Wic-i: IMl(>r0 2: Imaec of sample point location. I'h«*to Liken in September. 20IM. m ;• ^*'4- A * r* i aLV ^A ^ '4^ \ •• /Ve^.r • o ••• ' -i •W- ' '-3^ -tei. IMH)I<)3: Image of lijs!n I facig north lri»m Lake Minnetonka Plu»lo taken in Sw*pi ;mber. 1<m)4 Hump dinninaied b\ cattail '*peeie> rilOI U LOC.OIMII \ . . •» EXHIBIT H \ V;.v .^.- V /! > • •• '. ’ ••* *4? CITY of ORONO Municipal Offices Street Mdrets: 2750 Kelley Parkway Orono, MN 55356 Mailing Addreti: P.O. Box 66 Ciystal Bay, MN 55323 0066 TO: FROM: DATE: Janice Gundlach Matt Bolterman, On-Site Systems Manager , November 8,2004 SUBJECT: Septic Review for 560 Big Island This lot has two septic sites large enough for a three bedroom (300 gallon, type 2) cabin. The sites lye along the sideslope of the hill and meet setback lequiremcnt to tlie lake, property lines and proposed cabin. Access f >r the construction of the cabin must be 10 feet from the drainfield sites. A full design must br .^proved before any building permits can be obtained. I recommend approval based on septic concerns. Tdephone (952) 249-4600 • Fax (952) 249-4616 11/08/2004 11:43 FAX 7634419176 WATOR labs & KtU SXbllills PROPOSED BUILDIMC, DRAIN FIELDS & GRADING PLAN FOR DONALD HENDERSON IN LOT 4, KITCHEL’8 SUBDIVISION OF GOV’T LOTS 618, SEC. 22-117-23 HENNEPIN COUNTY, MINNESOTA uuo SCALE r = 50 ’ *'7i// DRAIN FIELD <dF) Cal CUlATIQK^ sK pe> day * ^28 sf/df 528 «F/dP / 3 Ft ■ 176 Un*ol F»*t Clf)/df required prinftry drain ftdld ar»o; 197 If X 3 Ft ■ 591 sf ] Secondary droln fkrld arfo< 178 IF * 3 ft » 534 «f ^ Soil Boring lake MINNETONKA 3 11/08/2004 11:43 FAX 7634410178 WATER LABS A ECO SYSTEMS Id004 / 1 ” =7'20' / Hi • f I " . - '^1',- ■ L .v: ^ v'^i:?v0's-•j- - :;y ,:^; r-i:. ' .‘V: c :>-v ■ '^3r» V»M Miller Enviranmeolml, Ihe. 333 Muin Street Ek River. MN 55330 jj ProfllC DCSCriptiOIl Test Pit# J[_________ T>«te C«i"pl®tcd* n/5/2004 ------—^-----wTr^T/Tur RquipmenU Bucket Auger^plid By: ^GJj!ll«,P.5.ii.uciia;i636. L^.„V: Mil— Project: 560 Big Island____________________ Vegetation: Woodcd_____ - ^ Parent Material: Gladalini^ O 09\ VO oo • • G Ci da <0 I- «C 3 s I I f ytlW Emnroranenwl* Inc. 533M*inSlrcel £HiBivtr,MN 55380 Soil Profile Description Test Pit# 2 Project: S60 Big Island LandscapePosiUon: jsy» Side Sfopc Mapped SoU Type: Elevation; Anproxuaatelyj41 Equipment: Bucket Auger LimiUng Layw Depth: Not Observed Vneetation: Wooded Parent Material: Glacial Till SOIL SIZING] FACTOR* feet pergellonP »m«UiI@»nin.com iMliu wilti Fax 763-44 1 -9»76 Phone 76'* "•’0-5961 H* V. O 09 V. too o H* s a>c* «D 5 g 1^ wna in h!<cn mm aca r^'»V 't ' ' -^: ■ i-' tei^iCv! Is % ■:. nka;- i.’^^:■ ■ t d^ 1 laT.irai Va mMmx ■ ■* ■ ■ • ’ «• r'» ^ j •'■ ■ > t/fiK»r govironmenuJ. Inc. SSSlfikinSueet ElkBJver.MN 5SS30 Soil Profile Description Test Pit ^ 2 Equipment: Bucket Auge£ Limiting Uyer Depth: Not Obsen>ed A/’onf>»aiinn* WoodedVegetation: Wooded Parent Material: Glacial Till HORIZON depth END II (INCHES) OUAI --------------- ■—----------------- Elevation: Approximately 947 _ matrix STRUCTURE- CONSISTENCE REDOXIMORPinC FEATURES OTHER SOIL SIZING FACTOR* Nl «»«««• M roftftlPlltill^knSII • COI7I Phooc 763-S70*596l Fax 763^1-9176 M O OS\ loo o I- o» CS CD K» -4 a s g CD tK na cc K o: tr rR cz c c itlifiiiriiBiiiii i laliHi r' . .J • I /'V*,')/*• /.i y «>•* •'.{ ' 0 , • -•,.** •■./••. : . ■ . / 1 *' >1 *' /• ... *’'/ ‘. ■ ,:v- ■• . ‘ v ’ -yi • • r \ ' .■/■■ • /. .-. /.] . 9^ • 0 __r ‘ • .. •, A. *. , v5 '• - . ■^•- />' .•••. >. •• r •/ •■ . ^,^;r. V ■ •. ,y ^ ^ K-* ' . k . ^ . /» ' / ^»V « . '^ . :■> 7 y ■• . •'■- ■ ■ • ■ .- ■ ‘■••' ' - ' 4 : . ■ ■’ ■ SUBJECT PROP • • V - •. .« / " .*/ ;* / / • * •*••/ ** .*1 >Wf . V/ V. y./ I /. ". '.■ .* ;-y . \V^- • * ‘. s' • *•• ■ "*■J '* • r . • • . • ^ ♦ . ^ *4. * /■ ■ .•'-•v y •" * :'*y.. *'y-/^:*^'''.: .ry"..v.^yv - :v- * jU*. . - — \ SUBJECT property ! *•'' .. ‘’. • ' '>^^3' / ■^• ■' t'>. y :'■■ -Vv-.-v'y*' . , '■/ yyi-'r * -•• ‘ /^Y "' •• W' ■ ^ i ^ '•■ '••• • • i # . ' > * . ' ^ r i. V ^ •• ^. 'A* .. » 4 f •. t * .,• - *; ’V. / * * * ' w! T t « ■ % • \ «i/ * s Jt • • tfiSSfu •■ '■■ ••' P' /■' ■•%• ■''■ '^/'*»•' y* •#• . • :• ✓ .' v->- '..-^cy'yyY f, * ■. » I ^ •»i. r -' k » * -V*’y '•■''' 4'^ V- ," 5 . . ■ -‘ t' * r ’ • ^ ^ , ♦ ’. ■ *('--y ..•' • • '/ . 4 . * .• -• f .S' , V.- , T., , ' ' •■ . ... a .•'’/' •y ’, '4 ’'ll •,.v >'. >¥•': •■ <•/ ' .' *-. .' yy y , .’•• *•' •'* y. 4#*' 7 ^ . • > ■; ••.^>/>. ■ r ».•'»• ^ -*» •‘•'i 7 ;•»• U niversity OF Minnesota EXHIBIT J Tsvln Citiifs Campui Ototaryngology^Hiod A S§ek Surgiry IJofis SM inurnaHonal Hearing Ceni$r Mrdieal School Sfajfo Mail Cod$ 39S 420 Delawarr Street S.B, Minneapolis, MN 55455 October 13,2004 612-62S-320Q Fax: 612-62S-3101 Offices: Sth Floor Phillipn-Waniensxein Building 510 Delaware Street S.E, Michael P. Gaflron Planning Director City of Orono 2750 Kelley Parkway PO Box 66 Crystal Bay, MN 55323 FAX (952)249-4616 RE: #04-3057, Don Henderson, 560 Big Island Dear Mr. Oaffiron: As one of the immediate neighbors of Mr. Don Henderson on Big Island, 1 am very concerned about providing a variance for a permit for construction of a seasonal cabin on the described lot. While it is reported that it is a 3.3 acre size, in reality, much of this property is not usable or consists of a marsh. That marsh serves as a home in the spring for a great deal of wildlife particularly redwing blackbirds and in the summer for herons. I am concerned, not because of the home construction, but because of the possible septic system and possible entry or disturbance of that marsh by development of the area. During the summer of ’04, there was a For Sale sign on the property and it was advertised in the Lakeshore Weekly News as a buildable lot Where the new dock would be for this property is another area to be discussed as it would have to pass through a portion of this marsh. The new owner of this property should be aware that the 75 foot setback still places the home in the lowland part of the island. Other homes built on the lowland portion of this aspect of the island are built on pilings, specifically the Webb Hill and Tom Lapping properties. This is because in the spring of each year this area is associated with the spring runoff and is underwater. Additionally, on the higher portions of the property there is an embankment leading down to the area of the marsh. It seems to niC that this property would be best served to the stale, the people of Minnesota, and Lake Minnetonka by declaring it a natxiral preserve. If however it is deemed a buildable lot, then 1 would hope that the new builder would be made specifically aware of these circumstances and that they would need additional permits for a dock, a well, a septic system, and for clearing trees. Sinccrel feor£e L. Adams, M.D. Professor and Head I ri ♦! TOTAL P.2: r Eriokson 952-473-4855 p. 1 FROM FAECRB k BENSON (WED) 11. 10' 04 I4:06/ST. I4:05/N0. 4863047942 P 2 November 10,2004 Planning Commission CityofOrono 2750 Kelley Parkway, P.O. Boa 66 Crystal Bay, MN 55323 Re: FI04>3057, Variance Request - 560 Big Island Dear Members of lire Oruau Planning Commission: You should recommend denial of the variance in case ^^04^3057 - s 60 Big Island for a number of reasons. 1 am Ihmiliar with the property since I own the large parcel that abuts it to the north. 1 have owned this property for many years and have taken great interest in the zoning history of Big Island. Orono has put a S acre minimum lot size requirement on Big Island for good reason. Reasons for the 5 acre mlnintum lot size prominently include protection of the critical environment for waste treatment and for access. In the application before you both issues dictate a denial. Until access is determined, this application cannot be granted. At the very least, it should be tabled until the Moratorium is over. Since you may be under the gun of the 60 day rule, the lack of access and the existence of the Moratorium are reason enough upon which to base a denial. Cities uniformly deny applications that are submitted in the face of a Moratorium. If access has not been determined, you cannot make the findings required in your ordinance. If the applicant grants you an extension of the 60 day rule, table the matter. If you do not get an extension, you must deny based on the Moratorium. The second reason for a denial is that this lot is too small to handle waste disposal. It is contrary to Orono's policies to give variances where this threat exists. You must Rod “undue hardship ” bdbxe you can grant a variance. Tltere is much property on Rig Island that is unbuildable. There is nothing new about that. People still eiuoy the benefits of owning and using the property. Nothing in reality, nothing in the law dictates that just because someorw owns propnty means they can put a building on it. There are plenty of uses this property can be put to. A variance to put op a home is one of theml Sincerely, RUN OAT. J| 22II72J24000I rropaoor t20 big island --- sr:=-r M 22I171WI0020 PROPAODR 5W bio ISLAND OWNER NAME JUNE M FIEOER TRUSTEE taxpayer JUNEM FIEGLR NAMBAODR ^i^^gTONKAMN S53« 11 21U72J310014 S“r oS«.F.L*DOHMA>-*'>*“' MAMBAO*NAME/AODR MN S54M „^«.a,,»ccAsn,r«or -v«™A.AT,0NsvsTeA. 38 22II7233I000I ;;rir ^*..S^AM,LV«VBiT«B«>iB■ 3S 2211723110002 PROP ADDR 560 BIO ISLAND OSYNERNAME DON HENDERSON bT AL TAXPAYER DON HENDERSON HAMBADDR 5018 NOKMAN^LECT MPLSMN 55436 PROPADOR OWNER NAME TAXPAYER NAME/AODR 18 22imiJI<W29 570 BIO ISLAND JODIE R VARGAS ET AL SEEDCN THOMPSON ROBB IR SOIOMANITOURO excelsior MN 55331 38 2211721310011 dropa DDR 580 BIG ISLAND oZeTna ME JUNEMFIEGF.R3RUS1T.E ta VPAYER junempiecer NAME/AODR «<«»NAME/AODR 55345 irsrisvs*” . I • I^Mu C a RI >-p;w rt XX w H X EXHIBIT L jnncpin u Hennepin County Taxpayer Services Department *~3" ■Sai_q KITCHEL’S SUBDIVISION OF GOVERNMENT LOTS 5 AND 0 IN SECTION 22 TOWNSHIP 117 RANGE 23' 22-117-23- V IfT ior< J /# Vi iwdiM tcrnofvtvam OP iOf OF rnrum^ V M «L M0 UHi« MMtf rt ^AC«ff0 4tMtcJia Parcel Information Parcel ID 2211723310002 House Number 560 Street Name BIO ISLAND V iMCttse -UNOthi ■ s, i TWi 1$ not»log$Uy ncordod map. It npntontt a compilation of information and data from City. County, and Stata road authorttiaa and otnar sources. Sami J Date Application Received: 10*15*04 Date Application Considered as Complete: 10-27-04 60-Day Review Period Expires: 12-26-04 •ar-r— Nu# - c ^uu4 Ull Y Ur unuiMvJ REQUEST FOR COUNCIL ACTION Date: November 17,2004 Item No.: ^ Department Approval: Name: Janice Gundlacli^ Title: City Planner Administrator Approv al:Agenda Section: Zoning Item Description: #04-3064, Doug & Deborah Ingvalson, 3460 Birch Lane, Variance — Resolution Zoning District: Lot Area: Lot Width: LR - 1C, One Family Lakeshore Residential District ('/i acre minimum) 0.43 acres (18,790 s.f.) 100’ @ shoreline and 75’ setback (100’ Required) List of Exhibits A - Resolution per Planning Commission Recommendation B - PC Action Notice 11-17-04 C - PC Memo and Exhibits of 11-10-04 Application Summary: Applicant requests the following variance in order to construct a new, larger covered stoop: . J. Hardcover variance to permit 53.19% hardcover in the 75’-250’ zone when 25% is allowed and 53.05% currently exists. Planning Commission Recommendation The Planning Commission voted 6-1 to approve the requested hardcover variance in accordance with tlie staff recommendation, noted below, and also with the following stipulations: 1. Removal of the 58 s.f. of pavers next to the detached garage, and 2. Removal of the 28 s.f. of brick existing off the comer of the attached garage. These removals bring the approved hardcover level down to 52.2% within the 75’-250’ zone. Staff Recommendation Staff recommends approval of the request with the following stipulation: 1. The applicant should be instructed to remove, at a minimum, the new square footage proposed in order to maintain the current hardcover level. This would constitute removal of at least 16 s.f. Staff also supports the additional removals requested by the Planning Commission, which would bring the 75’-250’ zone down to 52.2% where 53.19% was requested. COUNCIL ACTION REQUESTED Adopt the attached Resolution granting a hardcover variance for 3460 Birch Lane. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-1288 FILE NO. 04-3064 WHEREAS, Douglas Stewart Ingvalson and Deborah K. Ingvalson, husband and wife (hereinafter “the applicants”) are the owners of the property located at 3460 Birch Lane within the rit> oi Orono (hereinafter the “City”) and legally described as follows; All that part of Lot 19, “Lydiard’s Park”, Lake Minnetonka, lying northerly of the northerly line of Birch Lane in “Baldur Park” if said northerly line were extended in a straight line across said Lot 19, Hennepin County, Minnesota (hereinafter the “property”); and WHEREAS, the applicants have made application to the City of Orono for a hardcover variance to Orono Municipal Zoning Code Section 78-1288 to allow a larger front stoop to include a roo . increasing the size of the existing stoop by 16 square feet. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #04-3064. 2. The property is located in the LR - !C. One Family Lakeshcre Residential District, which requires a minimum lot arc of one half (*/i) acres. The applicant's lot is 0.43 acres in area. 3. The Planning Commission reviewed this application at a public hearing held on November 15, 2004 and recommended approval of the variance based on the following findings: Page 1 of 6 4. 5. a. The proposed covered entry is a reasonable request with few negative impacts. b. The proposed covered entry will be a mere 16 square feet larger than the existing front stoop. c. The covered entry will consist of a roof and pillars only and not fully enclosed side walls. d. The covered entry will meet all setback requirements. e, Tlie applicant has agreed to remove hardcover on the property so as to not increase the current level within the 75 ’-250’ zone. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a hardcover variance to Orono Municipal Zoning Code Section 78-1288 to allow a larger front stoop to include a roof, increasing the size of the existing stoop by 16 square feet, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants and armotated by City staff, attached to this Resolution as Exhibit A. Any Page 2 of 6 II w (; 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 existing 1.50%. Hardcover in the 75’-250’ zone shall be limited to 5,898 s.f. or 52.2% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicant is advised that any future requests to increase hardcover or change the nature of 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. The applicant shall make the following hardcover removals: a. Removal of 16 s.f. of hardcover of applicants choosing, b. Removal of the 58 s.f. of pavers next to the detached garage, and c. Removal of the 28 s.f. of brick existing off the comer of the attached garage. 5. Required removals of hardcover shall be completed by the footing inspection for the covered entry. 6. 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 22,2005). 7. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically temiinate any authority granted herein, and shall be punishable as a misdemeanor. 8. The undersigned applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants’ heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 3 of 6 r- • \ Adopted by the Orono City Council on the 22"** 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 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 Miimesota- ^ ¥ municipal corporation and said instrument was executed on behalf of the City.I Notary Public Page 5 of6 State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this__day of by Douglas Stewart Ingvalson, husband of Deborah K. Ingualson. , 2004 Notary Public Si^e of Minnesota ) )ss. County of Hennepin ) This instrument was acknowledged before me this__day of by Deborah K. Ingvalson, wife of Douglas Stewart Ingvalson. ^2004 Notary Public Page 6 of 6 EXHIBIT A LAKE r \ MINNETONKA NORTH ARM CERTIFICATE OF SURVEY F DOUGLAS S, INGV IN LOT 19. LYDIARD'S PARK. LAKE HENNEPIN COUNTY, M1NNES( 929.4 CONTOUR LINE ^ V i APDITIOa/AU-Y— Ib6.f. OF *</wjxov/eA.CoF -me / \MfUU^S CHOOS((0€r) S«ALU AtSO »E ...SURVEY LNE \ R emoved .L-_------------------------- ^ «M0V9> 9Ss-f.-To REMoVeo APf(U)V6D E/s)rfcY * 1,^ legal description CF premises : Al thot pert of Lot 19. "Lydiord'• Pork**, Loke Minnetonko. • • • • t •• # • t » • t F CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 ZONING FILE; 04-3064 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: November 17,2004 TO: Doug & Deborah Ingvalson 3460 Birch Lane Orono, MN 55391 COPIES: TYPE OF APPLICATION:Hardcover Variance DATE OF MEETING: November 15,2004 Planning Commission recommended as follows: Approval of the request stipulating the staff recommendation of removal of 16 s.f. of hardcover of the applicants choosing, and also the following removals: 1 . Removal of the 58 s.f. of pavers next to the detached garage, and 2. Removal of the 28 s.f of brick existing off the corner of the attached garage. VOTE;FOR AGAINST Applicant’s next scheduled meeting is confirmed as: City Council - Monday, November 22,2004; 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. M04-3064 November 1S« 2004 Pege 1 of 4 Date Application Received: 10-15-04 Date Application Considered as Complete: 10-27-04 60-Day Review Period Expires: 12-26-04 To:Chair Rahn and Planning Commission Members Ron Moorse, City Administrator From:Janice Gundlach. City Planner Date: Subject: November 10,2004 04-3064, Douglas & Deborah Ingvalson, 3460 Birch Lane - Hardcover Variance - Public Hearing Zoning District: LR - 1C, One Family Lakeshore Residential District ('/i acre mm.) Lot Area: 0.43 acres (18,790 s.f.) Lot Width: 100’ @ shoreline and 75’ setback Application Summary: Applicant requests the following variance in order to construct a to p«mit 53.19% hardcovor in the 75'-250' zone v,hen 25% is allowed and 53.05% currently exists. Staff Recommendation: Staff recommends approval of the request with the following stipulation ^ should be instructed to remove, at a minunum, the new square footage proposed in order to maintain the current hardcover level. This would constitute removal of at least 16 s.f. Pertinent Zoning Ordinance Sections Sec. 78-1288. Hard cover limitations. . „ . , . , , j « (a1 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 Exhibit A - Applications Exhibit B - Applicant’s Narrative Exhibit C - Hardship Documentation Form r M04-3064 November IS, 2004 Page 2 of 4 Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I - Exhibit J - - Existing and Proposed Survey - Hardcover Calculation Worksheets - Proposed Floor Plan - Proposed Elevation - Photographs Property Owners List Plat Map Background The applicant has recently received a building permit to conduct interior renovations. In conjunction with the renovation the applicant would like to construct a larger, covered entry. The applicant would be allowed to re-construct the existing stoop under the current building permit, however because the applicant wishes to construct something larger than existing, as well as construct a roof over the stoop, a variance review is necessary as the property exceeds the allowed 25% limitation within the 75 ’-250 ’ zone. LOT ANALYSIS WORSHEET LR-IC Lot Aren Lot Width Required 21,780 s.f. (0.5 acres)100 ’ Actual 18,790 s.f. (0.43 acres)100 ’ LR-IC Required Existing Proposed 1 Front N/A N/A N/A 1 Rear 30’ 52 ’ - house 10 ’ - detached garage 50 ’ — roof of covered entry 1 Left Side 10 ’13’No Change 1 Right Side 10 ’8’No Change 1 Lakeshore 75 ’85 ’ - deck staircase No Change Average Lakeshore See aerial photo Conforming No Change Structural Coverage Total Lot Area 18,790 s.f. (0.43 acres) t»04-3064 November 15, 2004 Page 3 of 4 Total Structural Coverage Allowed: 2,818.5 s.f. (15%) Proposed; 2,442 s.f. (13%) Hardcover Calculations Hardcover Zone 0-75 75-250 Total Area in Zone 7,510 s.f. 11,280 s.f. Allowed Hard cover 0 s.f 2,820 s.f. (25%: Existing Hardcov er 113 s.f.* (1.5%) 5,984 s.f.* (53.05%) Proposed Hardcover No Change 6,000 s.f. 53.19%' * After exclusion of fabric or plastic-lined landscape beds Hardcover Variance . , . The applicant has proposed to construct a larger front stoop in conjunction vviUt the remodel project currently underway. The applicant has also proposed to cover this entry with an extension of the roof and pillars as shown in the submitted elevation view. Because the property is currently at a non-conforming hardcover level, 5,984 s.t. or 53.05%, a hardcover variance is requested to construct an additional 16 s.f. of hardcover to accomplish the covered entry and a hardcover level of 53.19%. AppUwrU has provided a Hardship Documentation Form in Exhibit C, and should be asked for additional testimony regarding the application. Hardship Analysis In considering applications for variance, the Planning Commission sltail consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated tra/nc conditions, light and air, danger of fire, risk to the public safety, and the effect on values of Drooerty In the surrounding area. The Planning Commission shall consider recommendmg approval for variances from the literal provisions of the Zoning Code In Instances where their strict enforcement would causa undue hardship because of circumstances unique to the Individual property under consideration, and shall reconmtend 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 no hardship to grant approval of an additional 16 square feet in order to accomplish a larger, covered entry. The property is currently excessively over on hardcover and should not be permitted to increase that percentage, regardless of the project. However, staff does find that the request is reasonable and a covered entry is something that shotid be permitted. Therefore, staff would recommend approval of the covered entry with the stipulation tliat 16 s.f of hardcover somewhere else on the property be removed so that the hardcover square footage and percentage do not increase. ^04-3064 November 15,2004 Page 4 of4 Issues for Considcratiou 1 . Is a covered entry a reasonable request? 2. Should the applicant be required to remove 16 s.f. of existing hardcover so that the hardcover level remains unchanged? Should some reduction (i.e. removal of more than 16 s.f.) be required, given the high percentage of existing hardcover? 3. Are there any other issues or concerns with this application? Staff Recommendation Approval of the plan as submitted with the stipulation that removal of 16 s.f., of the applicants choosing, is required so that the total hardcover level on the property is not increased. if City of Orono Variance Application EXHIBIT A Street Address: 2750 Kelley Parkway Orono. MN 55356 Main; 952-249-4600 fax; 952-249-4616 Mailing Address: . P.O. Box 66 Crystal Bay. MN 55323-0066 Application# Date Received; Amount Paid: (j'/JiJ- Staff; ll'V/l/L^)ICy fee: S600 __________ Renewal: S300 _____________ AfteMhe-fect: $1,200 Double Fee «rnotTe yiaceS “n pTanning commfrsiln PROPERTY INFORMATION: » / / Site Address; n>rd\—LX\ ..“ .. _ a. I / O I KI\ • (Altacn legal aescripuon .......7- : - ~ Date Property Acquired (month/year): ^ /Yj- ° Present use of property; Residential □ 0:ner ------- Zoning District; I APPLICANT INFORMATION: (Complete legal narres and marital status required for each interested party) Name; 4^0 a.<i \ok— Phone (home); ^^-^.-7 ■ ■— -------------, , .r,, Address; i ' j , .- 7 y • >4- Email; riLi h t.f ('■/l iT\r\iv\lirt C'~f/i~ 1 ItlL,-! c (/__— -------- ^ ^ OWNER^(NF9RMATlOJN: (Cemplete leg^l names required for each interested party) Phone (wb7i ^ ~ Phone (work) _____ Phone fhn'm:v"‘'^.i-7-c/7/-'v ,— Phone (work): Address: feil-VL L^nlv //- Email; DESCRIPTION OF REQUEST; _ .. .. _____________As t________/-Describe the requ >N OF REUUti)i: ......... request in detail (attach additional sheets if necessary). /e+U- o-r- It IH ICH— Estimated Project Cost; $ '7^ 'o C Io o•>: ,0 O' \ REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. a: ^ ICE □ ■Br □ 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,gabels 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 y 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"). i Additional items may be requested by City Staff depending on the scope of the project. * ij APPLICANT'S ACKNOWLEDGEMENT: The applicant hereby agrees to provide all information required or requested by the Planninc Department, agrees to pay additional fees (staff time not covered in the original fee payment) ar.d/o consultant expenses incurred in review of this application and certifies that the information supplied i true and correct to the best of his/her knowledge. The applicant recognizes that he/she is solel responsible for submitting a complete application being aware that upon failure to do so, th staff has no alternative but to reject it until it is complete or to recommend the request denial of the request regardJess of its potential merit. V- Applicant's Signature: Applicant’s Signature; ^ /•,'.. y ...f ... Date: Date: OWNER’S ACKNOWLEDGEMENT: The owner hereby acknowledges and agrees to this application and further authorizes reasonab entry onto the property by City Staff, consultants, agents, Commission & Council Members f purposes of investigation aff3 Verification/of tl^ta request. Owner's Signature; Owner ’s Signature; Date: Date: fO /o l/ Wf /77 Applicant must have all submittals into the City offices 25 days before the Planning Commiss' Meeting. Planning Commission Meetings are normally held on the third Monday of each mor Applicants must be present at all scheduled review meetings of the Planning Commission a 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 City Plan assigned to your project. M'7~'" y • •. 9 hriViii liiiifirfiii City of Orono Pre-Application Meeting Form _ . .. ____~ JiotoH hu a Citv Planner during your pre-applicalion me(Tnls form is lo be competed by a City Planner during your pre-applicalion meetingj. PC Date: Street Address: Ky pTl^rfnar ^ kA/.U(.h l( U< ^ o “oTn c^bIv. MN 55323.0066 M^eling Date/TiST^^ESZ^^ Main; 952-249-4600 Fax: 952-249-4616 1 What is the purpose ^ a complete proposal, inform them of the ^«en«v ponies or regulauons that create opportunities or problems for the proposal. property information.; . .. Site Address; '^U(}^0 Property Identification Number (PIN): ------— Zoning District: _ Size of Property: '^^S'i^f^ra Se,C,cK □ vara SMOac. ^ Hardcover q □ Lot Coverage □ Lot Area 'D Other: _________— □ Front Yard Setback □ Lot Width £undersianas u as u uccn -----'7 . . , . ■ be completed and submitted in conjunction with their formal variance application. OTHER INFORMATION: •Please note: Your variance appLcation will NO i ae accepted w.moul a pre-application meeting during which thisf6jrc\ will be fcompieted by City staff. . LG:. a _____Date:7^Applicant Signature: vi iJ ^o4: I \/(fl+o^i cvwd en,lT^ juoh q^^pI)^c^ 'dt d)/(D^ \>lAiUltA^ ^cid<2.. ^ yiAn I T -7 Vl '* " !*• -.X •. :i‘:; ' i•t0 . •> , » I I * • • • ’’ * ■ V • • ' <■'» .‘.i ■'5rv . . ...w -■ •• Jl i-i• • 'V Ai EXHIBIT CPage I oF3 HARDSHIP DOCUMENTATION FORM ThU fftrm is a reauired submittal for ALL variance applications. An application Ifll be considered complete or placed on any meetirrg agendas pnlil this form rs complete and submitted to the City. kiT «;*a»A statue Section 394.27. Subdivision 7 requires that a hardship be witrihe'land and^lTthe ian^d ^wntf Persona/V^^^^ SinTg -c'ommirn" ^ Xt^^n'? S demonstrated. ?nMor°'hTs72%oin.foS7me basis Cty s,a« uses to determine i, a hardship exists and how the variance will affect the surrounding community. To prove a hardship. addlLs all the relevant points listed below and answer them as clearly as possible. • A • Since vou are requesting the code exception, you have the burden of proving that the variance Is iustified. The information the City receives is what is used irt 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 Ijy official controls. i y- ^ IV g >v\ ejivr i-S . -------------------------— ---------------------------------- 2.•The plight of the landowner Is due to circumstances unique to his property not created by the landowner." 3.-The variance, if grar^led. will not alter the essential character of the ■ • PwiuV-PW coi v>(xy-ttt-Ac.F T.) <-£ s locality." r o e 4.-Economic considerations alone shall not constitute an undue hardship if -----^ ‘ n^i\gvsr- — ■ — ? Pj • : i* . , v .N v .-t' V.J' % iJ •' xJ V1 ^ •W’ 7 i-> cy.J jy *4k*- ' v=. 0. * Mil 5. 6. 7, 8. 9. Page 2 of 3 'Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmoiw with this Chapter. M- “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." Ay/A________________________________________ "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." /y/A'_____________________________________________ "The special conditions applying to the structure or land in question are peculiar to such ^ooerty or immediately adjoining properly." “The conditions do not apply generally to other land or structures in the district in which said land is located." ///I//A 10."The granting of the application is necessary for the preservation and enjoyment of a substantial property riqht of the applicant." / /'Z^ Ji / Ad her Q -ho. c ot/q y /'/a2 (As. 11."The granting of the proposed variance will not in any way impair health, safely, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. ___________________I ______ n? h' i: 0 a b c {'» V*V'.£3. *: .4V EXHIBIT D MINNETONKA NORTH ARM CERTIFICATE OF SURVEY F DOUGLAS S. INGV IN LOT 19. LYDIARD'S PARK, LAKE HENNEPIN COUNTY, MINNES( Al Ihol port of Lot 19. '.'Lydiord's Pork;'. Lok« Minnetonko. •>w<(waI L^C»(& 1 N EXHIBIT E WARD COVER Ci^LCULATlQN WORKSUEET SETBACK ZONE: (CIRCLE ONE) 75-150* 250-S00*500-1000* EXISTING HARPCQVy R TN ZONE A. House LenfUi X X X B. Garage • •• • * C. Drivcwiy X X D. Sidewalk X X E. Palio/Dcck X X F. L&ndsc^e Un\^in By^slic 0/F»rio X X X G. Olhcr TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE B PROPOSED HARDCOVER IN ZONE' A. House _________ Length X X X B. Garage C. Driveway X X D. Sidewalk X X E. Pilio/Dcck X X F. Landscape Underlain By pio5iic Or Fabric X* X X 0. Other X VVidJi SB ts es 8 S 8 8 8 6s: I 13 7c;ir> X too -i.sro Widih 8 C& ► • • • I TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A - •*’ ®xlOO i.L €% f\±t^A. I A S.F. S.F. S.F. S.F. S.F. I i S.F. S.F. S.F. S.F. S.F.-0E<'4<®^ S.F.-- S.F. -S.F. S.F. - FIRE Rt - i I c VJOCO S F.Riprap S.F. A S.F. B . Vc S.F. S.F. S.F. S.F. S.F. ‘ \ _SF. S.F.- i S.F. S.F.t ^ S.F. S.F. S.F. S.F. S.F. S.F. S.F. •• A S.F. B Vo • * •» • LyotOr^O'7 SETBACK ZONE: (CIRCLE ONE) EXISTING HARDCOVER IN ZONE A. Houm - Ungih -____ HARDCOVER CALCULAT^flJlWORKSHEET ----- <gS-25^ 250-500'0-75 X X X X Widih ■5-3 B. Gvige • M •• • C. Driveway D. Sidewalk E. Patio/Deck • *■••• • • F. Landscape Underlain By Plastic Or Fabric G. Other 22.1 ZO. I >BCrtiHO t40USg X X X X X * X X X X ZPj-ofc • 7D" W/MLl^20 - BOiVoj^ TOTAL HARDCO'/ER IN ZONE TOTAL PROPERTY AREA IN ZONE A _______________ + B > PROPOSED HARDCOVER IN ZONE' A. House - X X 100 - Length WliUh X X B. Garage C. Driveway D. Sidewalk E. Ptttio/Deck F. Landscape Underlain By Plastic Ox Fabric Q. Other . X • X X X X X X X X TOTAL HARDCOVER IN ZONE • • « • ♦ B X100 - Pf:• •1 ^ • f . .n*.• * A Id*'V • • •J. V ; * • . . : oi , . w' 500-1000' 7-17 g S.F.' Hau S£ 103 109 ZSL Z37 93 5^34 n.zRO &£■ ftyrfi.'t- (T.7 5 X 7.y ~ 5*/ - JJ* <f<Hgt/4iA — ____ S.F.-'?S'=iS&’Q tr *»cenc# (3»hs£ S.F.-PAViTf2S NE. (^jo,7/4/51 .S.F. ‘ op/ S.F. s.F.-w/iu</5rir:V^‘ s Y.-CJOf^C. HCXT oc iv/Ciu/ty* .S.F.- OCCI4 [s.f;-8ric»/ p/m/c _S.F, SF. — ec _CI4|PS Oht ^ Pt>!kiTIC s.F.-w/«u.ye£»*?C) S.F. A S.F. B y« S.F. S.F. S.F. S.F. S.F. S.F. SFr S.F. .SF. S.F. S.F. SF. S.F. S.F. ^ooo S.F. S.F. - A //. 280 S.F. B C».t9 % ■Hi mrwm mm^ mm Iii5?s ■'-> "t: ^-Cp* i H j)iHJe=’l5HU' U>i[(ici }(t^ ^-^c:\\c^ w Xs ts H **J h-fg. Wpyf-l>fe <ggia^ •. !• • .• . V X X ta H O Lr!.-.- J fi' >j! 5 s4 c?:^\' ■ ■ .... Kii-X • .V^ ',' V ' ■■ ■■#' ?■>•-.' . .;S > . »d'« "J?rr ■’• x‘x y k;.. - l /. S;; ' .» VI fj* lj» ■ t * * 7^ •:,Ai ■ir V-iM V‘* V iki'i ■^v •.* !i**' ufti*' ; V. • ;', ” ?iiX, >,t*\ 1^ ak'f--■. • ’»■,.• T-, .?s X a' ,'■ ■ ^ •:r.i' ^^.yJL ■ “:Wv U V f V «.J >; >•>,: > • IX ,■...:. .'• ’•.>(, • '* .• •• . - ■ >•.,..V-' vi;.’> •. ■•'^^; ■•^mf' J ^•;r-: v '• k vr.vj;^/-0 V ■J V- '.-L J '».►’.fc '.'xy-v/ X-f. '_ y ’. >.' V. \’>i Vv;l A ^ -vv >■ >• . .« fv ’W s,-. fcsl ^ ,V -j' V I - f V 'r r \ ;.V>.4V - \ ' K. ‘ , -»’X «> / *♦ ^ ^ \ •».. ■ -\ Sk - • - ^1?V.s V »• v*j i . '’»^f V-'f' 'Hr;- ..x*Xy:; I /i-V' .' H r UNDATE;. -<W 38 OBII72343000I rs*.r».Tr«tKB»«.D 38 081172300004 , irKAvS\T««HEY OWKEKHAM6 '’^j^*oODO«OUPllC rZ. ».A»OE»0~EAKeS«WV »'0<» I-IDEN prairie MN S5344 38 0811723430013 ..r OPADDR 3480 north shore dr taypa YER ^ NUSBAUM ma M^AWR 3480 north shore or NAME/ADOR 55391 38 0811723430020 pkopaodk OWMHINAME oerauj )«««>■ taxpayer oeraldjray 1..1 NORTH SMOKE 0« NKMI/AOOR „j,| 38 0811723410023 5Sr SS*‘s°Tnote . 3450 BIRCH LA WAYZATAMN 55391namu/aodr 31 0811721410026 «7r“« KON.U.tRUM.NCU>UO IUMEOIODR >460 hortm shore ok NAME/AODR ^^y^a TAMN 35391 ,„nncp ,ncoe^-7v “J{ )B oil 1223430002 38 0811723430005 pkokkdok >‘»“';SV?unsmom ?Tx"“vTk “‘ I05EKH.EUTAOETHTKR.SMOKE Ia M«AD0R 1440 BAI.DUR park RD NAME/ADOR 5539. 38 081.72)430014 PROPAODR 3490 north shore dr OWNER NAME JOHN R JONES TAM'AVrR JOHN R JONES NAME/ADDR 3490 NORTH SI !ORE OR NAMI7ADDK 5539, 38 O8II72J430O2. PKOPAOOR 3450 NORTH shore dr OWNER NAME WILLIAM CODOEN taxpayer william CODOEN NAME/ADDRNAME/AUUK 5539, 38 081172)430024 PROPAOOR 3448 NORTH shore dr r“«r m«“es“ rv«T?«HTr 38 0811723430027 PIIOPAOOR J4fi0 BIRCH LA S^°J^'*«».KKH«GV.UON NAME/AOOR 7460 BIRCH LA NAML/AUU 5539, 38 08U72143000J PROPAODR I44IDALDURPARJCRD OWNERNAMC ^ ^ TAXPAYER my H A MARUS R LAWRENCE NAME/AODR 1448 OALDUR PARK RD NAME/ADOK 55391 38 0811723430012 PROP ADOR 3470 NORTH SHOI^ DR OWNER NAME HAROLD J ia VPAYCR haroldjdrouellette NAMWAODU 3470 NORTH SHORE OR NAMrVADU. ^^y^^pa MN 55J9I 38 0811721430015 oortPADDR 3498 NORTH SHORE DR w •■ s PROPAODR OWNERname taxpayer NAME/ADOR 38 0811723430022 3444 NORTH SHORE OR WILUAM 0 ROBINSON w 0 ROBINSON 3444 NORTH SHORE DR WAYZATAMN 55J9I ffl % 3J 0811221430025 rsr-T. t^Ixpayer dean a mar y lindbloom mwMMK WAYZATAMN 55J9I 38 081172)430028 pnnPAOOR 38 ADDRESS UNASSIGNEO OWLK NAME HENNEPIN rORFElTED LAND taxpayer cityoforono na ME/ADDR P0B0X66 NAME/AUUK ^.^yjj^^LOAYMN 55J2) CO H M HUN DATE-.Wn/IOM „ENNEP,N<^KS,P«<g»^S-™'^ PACE; 2 |CERTIFYTIiATTHEFA(^nfP“^^“j^^'^^^]Js^^EONT^SSirr?? // •-- S fmy S ledge #•• •* C • #• • * 'r i #• V••\ Exuiui r J ennepin Hennepin County Taxpayer Services Department 1 •./. .. .•» . .'rii ^ *r;MUii*?r34TO V*/ ‘^"‘y': ’v^ H 1 •i, kiAlaib Date Application Received: 10-20-04 Date Application Considered as Complete: 11-5-04 60-Day Review Period Expires: 1-4-05 ,vjV i d. 2004 \^\% I Kjr Wl twia' REQUEST FOR COUNCIL ACTION Date: November 16,2004 Item No.: /0 Department Approval:Administrator Approval: Name:* Janice Gundlach ^ Title: City Planner Agenda Section: Zoning Item Description: #04-3067, Dennis & Amanda Walsh, 1354 Rest Point Circle, Variance - Resolution Zoning District: iiUt Area: Lot Width: LR - IB, One Family Lakeshorc Residential District (1 acre minimum) 0.72 acres (31.200 s.f.) 124 feet @ shoreline; 121 feet @ 75* sctbac; (140* required) List of Exhibits A - Removal Plan B - Memo from Public Works dated 11-16-04 C - Re.solution per Planning Commission Recommendation D - PC Action Notice dated 11-17-04 H - PC Memo and Exhibits of 11-10-04 Application Summary: Applicant requests the following variance in order to tear down the existing westerly addition and rebuild it: 1. Hardcover variance to permit 30.1% hardcover within the 75’-250* zone when 25% is allowed, 44.91% currently exists and 29.9 ‘*/o was approved by var-ance in 1999. (The luiKiicovcr pcrcctunf^c is Icvgcr thun what appears in the Planning (commission report and the 1^99 variance resolution. The percentage has been adjusted to include omissions from the hardcover calculations submitted with this request as well as hardcover omissions from the 1999 approval S ’o increase in hardcover is proposed) Planning Commission Recommendation The Planning Commission voted 7-0 to approve the hardcover variance request ’oased on the staff recommendation, listed below, with the following edits: «3. llic Public Works department recommends a suitable amount of gravel needed, adjacent to the curv e of Rest Point Circle, for the purposes of winter snow storage. Any excess gravel must be removed. #0. The rcstoration'preserv ation pUm for the blufTbe approved (rather than submitted) prior to the final inspection for the proposed addition. Staff Recommendation , , Staff recommends approval of the hardcover request to permit 30.1% hardcover within the 75 -250 zone with the following stipulations: 1. The wood chip area located in the southeast corner of the lot and following the eastern lot line (not shown on the surveys), shall be re-vegetated with grass or the fabric liner shall be removed to allow water infiltration. 2. The wood timber walls and rock borders that have appeared since the 1999 variance approval shall be removed as shown on the removal plan attached as Exhibit G. 3'. Removal of the existing gravel located at the northern end of the lot be in conformance with the memo from the Public Works department dated 11-16-04 and attached to this report as Exhibit B. 4. The existing wood platform located at the shore shall only be allowed as a temporary means foi dock storage. This structure shall be removed when the applicant’s dock is in the water. 5. The applicants are advised that upon re-construction of the lake yard staircase, all encroachments must be eliminated and the two existing decks existing within the staircase may not be rebuilt; nor may any platforms, except one 32 s.f. in size, be permitted. 6. Due to the intense vegetation removal that has occurred on the bluff, although not recently, a bluff restoration and preservation plan must be approved prior to the final inspection for the proposed addition. COUNCIL ACTION REQUESTED Adopt the attached Resolution granting a hardcover variance for 1354 Rest Point Circle. t ro JD a §-c t 2!o 2?!1.^ c c 0 •g *u fi-5 2-<« 01 A (0 0 £ "5 O) » V ■ Memorandum Date: To: From: RE: November 16. 2004 Janice Gundlach, City Planner Scott Oberaigner. Public Works /^C( Gravel Area at 1354 Rest Point Circle Due to the curve in Rest Point Circle, the existing gravel area at 1354 Rest Point Circle provides the best location to empty the plow. The Public Works department supports maintaining some of that existing gravel, particularly the area the exists right at the curve and southerly from the curve. It would also be a benefit if the existing large boulder were removed, so as not to damage any equipment. Lastly, the Department sees no need for the excess gravel north of the curve. Therefore, after conducting a site visit on Tuesday, November 16“’ with City Planner Janice Gundlach, the attached plan was drafted and represents the Public Works ’ need for winter snow storage. 0 Be REMoVei)- /AJ GUIDES- corwp;*aeb LA<Ute V iOVLDBfL /U)CK Boi4>eR I \ WOOD / TIMBER *= "/ \ / \ 250FT. \\ \ \ \ \ \ \ N \ \ \ \VoOD WfLL \ \ \ \ 'EST POlNT-^CIR^^® 85"3iI56; \ \ \ \ \ \\ y\ \ \ \ \ N RLACKTOP DRIVEWAY \ \ \ V I 1 1 If 21 5 ^ 23o so rj I /12 8 ^ STONE g WALLS cr \l * I A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-1288 FILE NO. 04-3067 WHEREAS, Dennis S. Walsh and Amanda L. Walsh, husband and wife (hereinafter “the applicants ”) arc the owners of the property located at 1354 Rest Point Circle within the City of Orono (hereinafter the “City”) and legally described as follows: Lot 11, “SUBDIVISION OF LOT 14, ''REST POINT PARK LAKE MINNETONKA” and Lot 13, “Rest Point Park, Hennepin County, Minnesota (hereinafter the “property”); and WHEREAS, the applicants have made application to the City of Orono for a hardcover variance to Orono Municipal Zoning Code Section 78-1288 to allow construction of a new addition, replacing the western half of the home, requiring approval of 30.1% hardcover within the 75 ’-250’ zone when 25% is normally allowed. NOW, THEREFORE BE IT RESOLVED by tlie City Council of Orono, Minnesota: FINDINGS 1. 2. This application was reviewed as Zoning File #/04-30o7. The property is located in the LR - IB, One Family Lakeshore Residential District, which requires a minimum lot area of one (1) acre. The applicant ’s lot is 0.72 acres in area 3.The Planning Commission reviewed this application at a public hearing held on November 15, 2004 and recommended approval of the hardcover variance based on the following findings: a. The property received a variance in 1999, Resolution #4272, which permitted 29.9% hardcover in the 75 ’-250’ zone. Page 1 of 6 i j 4. 5. b. Although, a net addition of 22 s.f. of structural coverage is proposed, no new hardcover is proposed (the percentages have been revised to reflect omitted hardcover from the 1999 approval). c. The proposed addition will be constructed in conformance with the average lakeshore setback (existing does not) and all setback and structural coverage requirements are met. d. All fabric and/or plastic will be removed from underneath all rock and woodchip areas (areas not included in hardcover calculations). The City Council has considered this application including tlie findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variance on the health, safety and welfare of the community. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a hardcover variance to Orono Municipal Zoning Code Section 78-1288 to allow' construction of a new addition, replacing the western half of the home, requiring approval of 30.1% hardcover within the 75’-250’ zone when 25% is normally allowed, subject to the following conditions: 1.Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Plaiming Commission and City Council review. Page 2 of 6 ih i 2. Hardcover in the 75 -250’ zone shall not increase above the 30.1% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicant is advised that any future requests to increase hardcover or change the nature of 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 (rock and woodchip) on the property to ensure their permeability as non-hardcover surfaces. 4. Required removals of structure and hardcover shall be completed by tlie footing inspection for the proposed addition. 5. The existing wood platform located at the shore shall only be allowed as a temporary means for dock storage. This su-ucture shall be removed when the applicant ’s dock is in the water. 6. The applicants are advised that upon re-construction of the lake yard staircase, all encroachments must be eliminated and the two existing decks existing within the staircase may not be rebuilt; nor may any platforms, except one 32 s.f. in size, be permitted. 7. Due to the intense vegetation removal that has occurred on the bluff, although not entirely by the applicants or all recently, a bluff restoration and preservation plan must be approved prior to the final inspection for the proposed addition. 8. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by obtaining a building pennit for the new construction within one year of llie date of Council approval, or tlic variance will expire on that date (November 22, 2005). 9. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 10. Tlte undersigned applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants ’ heirs. Page 3 of 6 V 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 22"** day of November, 2004. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner(s) Page 4 of 6 p STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota ?.[ municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN Tlie 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 V Pages of6 r State of Minnesota ) )i'S. County of Hennepin ) rr This instrument as acknowledged before me this by Dennis S, Walsh, hu'iOand of Amanda L. Walsh. day of ,2004 Notary Public State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this by Amanda L. Walsh, wife of Dennis S. Walsh. day of .2004 Notary Public Page 6 of 6 mil iiiTilfc EXHIBIT A V REMOVAI.ru BEST POIHT PAW HEKNCPIN COUNTY. UINN jjjP/NJ AODlTIOAl, ALL WOOPO+iP MEA^> shall be P£- VeejETATEp V/| aaASi ofL -ms FAfcit? eewoveo 7^~EWSV(4« ITS fEp./HEABILlTV' APPROVED HARDCOVER 75'-250'2on§ H oum • M431 f. North Wak ■ ISEsf Ortwt^irty * 333 »f Rccli (east i<Oe of dnvtway) « 7 s f. Easterty Deck ■ 197 i f WNtahy Otck « 172 i f ScrttnPorch* 164 if. Tirnbtf WHd (tatt ude of houie) ■ 141 f. Conc/ito Unding (tait liOt of rtouM)« 1S i.f. Timbtr Wall (noRh 4od of lot) > 211 f ^ock Warn (eait tfid of dHvtway. ' wait lida of wane wait comar of addition) • 2101 f ^ \ot Aral m 75 -250* zona • 18.700 i f 15.640 • f pTAL HARDCOVE^ii^lfy.^fH /I? LAT\e WETriiTcTOf H«nr»tpln Co. lii Thii lurvcy ihowt tht boundirt« tht location of ari ORliting houtf Ihtrton. It dOM not purport to il trKroicnmonta. o : Iron mirkaf Baarirtgt ihown art bai BM • ; Eaitting contour Ih 4 eaaioar Uaa i n CITYOFORONO ZONING FILE: 04-3067 2750 Kelley Parkway P.O. Box 66 NOTICE OF PLANNING COMMISSION ACTION Crystal Bay, MN 55323 (952) 249-4600 DATE OF NOTICE: November 17,2004 TO: Lccy Construction COPIES: Dennis & Amanda Walsh 15012 Highway 7 1354 Rest Point Circle Minnetonka, MN 55345 Mound, MN 55364 TYPE OF APPLIC^TI()N:_____________________________________________ DATE OF MEETING: November 15,2004 Planning Commission recommended as follows: The approve the request based on the staff recommendation (previously mailed to you) with the following edits: #3. The Public Works department recommends a suitable amount of gravel needed, adjacent to the curve of Rest Point Circle, for the purposes of winter snow storage. Any excess gravel must be removed. #6. The rcstoration/preservation plan for the bluff be approved (rather than submitted) prior to the final inspection for the prenosed addition. VOTE; 7 FOR 0 AGAINST Applicant's next scheduled meeting is confirmed as: City Council - Monday, November 22,2(M)4; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission or Council minutes, they are available fron» die 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 1 flaf—r f I r ] . «04-3067 November 15,2004 Pnge 1 of 6 /O Date Application Received: 10»20-04 Date Application Considered as Complete: 11-5-04 60-Day Review Period Expires: ’-4-05 To:Chair Rahn and Planning Commission Members Ron Moorse, City Administrator From: Janice Gundlach, City Planner Date:November 10,2004 Subject:04-3067, Lecy Construction on behalf of Dennis &. Amanda Walsh, 1354 Rest Point Circle, Hardcover Variance, Public Hearing Z«"ning District: Lot Area: Lot Width: LR- IB, One Family Lakeshore Residential District (1 acre min.) 0.72 acres (31,200 s.f.) 124 ’ @ shoreline; 121’ (g> 75 ’ setback (140’ required) Application Summary: A^plica:U requests the following variance in order to tear down the existing westerly addition and rebuild it: j-jardcover variance to permit 29.89% hardcover within the 75 -250 zone when 25% is allowed, 44.91% currently exists and 29.9% was approved by variance in 1999. Staff Recommendation: Staff recommends approval of the hardcover request to permit 29.89% hardcover within the 75 ’-250’ zone with the following stipulations: 1. The wood chip area located in the southeast corner of the lot and following the eastern lot line (not shown on the surveys), shall be re-vegetated with grass or the fabric liner shall be removed to allow water infiltration. 2. The wood timber walls and rock borders that have appeared since the 1999 variance approval shall be removed as shown on the removal plan attached as Exhibit G. 3. The landscape rock shown on tlie proposed survey and labeled as “not haidcovcr” must be removed as the existing rock has become compacted. The applic^ts may install new decorative rock in this location but no fabric or plastic may exist under it and it must be landscaped in a way to prevent vehicles from parking or driving on it. 4. The existing wood platform located at the shore shall only be allowed as a temporary means for dock storage. This structure shall be removed when the applicant’s dock is in the water. 5. The applicants are advised that upon re-construction of the lake yard staircase, all encroachments must be eliminated and the two existing decks existing within the staircase may not be rebuilt; nor may any platforms, except one 32 s.f. in size, be permitted. 6. Due to the intense vegetation removal that has occurred on the bluff, although not recently, a bluff restoration and preservation plan must be submitted prior to issuance of a certificate of occupancy for the proposed addition.______________ m ^ .% ^ #04-3067 November 15,2004 Pjige 2 of 6 Pertinent Zoning Ordinance Sections Sec. 78-1288. Hard cover limitations. (a) No hard cover or impervious surface shall be placed, located or constructed within 75 feet of the ordinary high water level of any lake or tributary, except for stairways, lifts, landings and lockboxes as regulated elsewhere in this Code. (b) Between 75 feet and 250 feet of the OHWL, there shall be no greater than 25 percent hard cover. Between 250 feet and 500 feet of the OHWL there shall be no greater than 30 percent hardcover. Between 500 feet and 1,000 feet of tlie OHWL there shall be no greater than 35 percent hardcover. List of Exhibits Exhibit A - Applications Exhibit B - Applicant Narrative (regarding lake access 8c wood platfomi) Exhibit C - Hardship Documentation Form Exhibit D - Existing Survey Exhibit E - Proposed Survey Exliibit F - Hardcover Worksheets Exhibit G - Removal Plan Exliibit H - Proposed Elevations ‘ Exhibit I - Proposed Floor Plans Exhibit J - Approved Building Permit Plan from 1989 Exhibit K - Resolution #4272 Approved in 1999 Exhibit L - Photographs Exhibit M - Section 78H285 Vegetation Alterations Exhibit N - Adjacent Property Owners Acknowledgment Perm Exhibit O - Property Owners List Exhibit P - Plat Map Background The previous owners of the property received a building permit in June of 1989, which permitted the combination of two lots and construction of a large addition that comiected to the existing structure. At that time, hardcover was required to be removed in order to meet the 25% allowance within the 75’-250’ zone. It is unclear whether all the hardcover that was required to be removed, was in fact removed. Then, in early 1999 the same prior owners filed for an after-the-fact hardcover variance to permit approval of an already constructed lakeside deck. That variance was approved and the findings can be found in Resolution #4272, attached as Exhibit K. r ■ '< ^04.3067 November 15,2004 Page 3 of 6 LOT ANALYSIS WORSHEET LR-IB Lot Area Lot Width Required 43,560 s.f. (1 acre)140’ Actual 31,200 s.f (0.72 acres)124’ @ shoreline 121’ @ /5’ setback Setbacks LR-IB Required Existing Proposed Front N/A N/A Rear 30’ 42 ’ - east half 88’ - west half Left Side 10 ’20’ Right Side 10 ’12.8’ Lakeshore 75 ’ 98’ - east half 88’ - west half 85’ - decks N/A 42 ’ - east half 75’ - west half 10 ’ 12.8’ Average Lakeshore | j 13 ’ encroachnient 98’ - east half 85’ - existing deck 93 ’ - proposed porch 105’ - proposed addition No encroachment Total Lot Area Total Structural Coverage 31,200 s.f. (0.72 acres)Allowed: 4,680 s.f. (15%) Proposed: 4,179 s.f. (13.4%) Hardcover Zone Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover 0-75 9,250 s.f.Os.f (0%) 632 s.f. (6.83%)No Change 75-250 18,700 s.f.4,675 s.f. (25%) 8,398 s.f.* (44.91%) 5,590 s.f. (29.89 %) 250-500 1 3,250 s.f.975 s.f. (30%) 79 s.f.* (2.43%)No Change * Compacted, drivable gravel is included as hardcover and non-impacted, landscape rock M04.3067 Ncvember 15,2004 Page 4 of 6 is not included as hardcover. Hardcover Variance The applicant has proposed to tear down the west half of the home and rebuild an addition behind the average lakeshore setback line and meeting the side and street yard setbacks. However, the property currently exceeds the 25% hardcover allowance for the 75 ’-250 ’ zone, and although a net reduction in hardcover is propo'" d, a hardcover variance is still required as the property exceeds the allowed 25%. Tlie property also contains an excessive amount of hardcover within the 0-75’ zone. No hardcover changes are proposed within this zone, however hardcover has illegally appeared since a 1999 hardcover variance approval and the hardcover must therefore be reviewed. Hardship Statement Applicant has provided a Hardship Documentation Form in Exhibit C, and should be asked for additional testimony regarding the application. Hardship Analysis Jn considering appiications for variance, the Planning Commission shall consider the effect of the proposed variance upon the healthy safety and welfare of the connnnnify, 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 the hardships and conditions found and noted in the resolution approved in April of 1999, attached as Exhibit K, remain valid and staff therefore recommends approval of the hardcover variance request. The applicants have proposed 29.89% haidcover in the 75 ’-250 ’ zone and therefore meet tire 29.9% allowance of the April 1999 variance resolution, with a net reduction of 3 s.f. proposed. However, staff noted that a wood platform at the lake has appeared since the April, 1999 approval. Staff finds no additional hardships to allow this wood platform to exist within the 0-75 ’ zone. The survey used to approve the 1999 hardcover variance did rot include this structure and it therefore has been illegally erected since that time. Because variances run with the property and not with the owners, and no additional hardships have been presented, the structure labeled “wood platform ” on the survey should be required to be removed in conjunction with this proposal. The applicant has expressed his desire to keep the wood platform for a place to store his dock. Staff finds that the applicant has the right to use removable dock sections for storage of a dock in the winter time only, but no structure may be permanently allowed and nothing should exist in this location during the summer when the dock is in the water. JL.I r ] W4-30d7 November 15, 2004 Page S of6 Staff also finds that additional hardcover in the form of compacted rock, timber walls and rock borders have been constructed on the property and were not included in the hardcover variance request &om 1999. These items shall be removed in accordance with the removal plan that is reached as Exhibit G, as landscape hardcover has typically not be allowed to be traded as structural hardcover for the purposes of granting hardcover variances. Staff also finds that the Planning Commission should discuss the existing encroachments within the 0-75 ’ zone. Because the applicants have proposed a substantial improvement to the property and the applicants themselves have indicated the safety hazards associated with the staircase; it may be appropriate to discuss the elimination of the encroacl ments and rebuilding of the lake access in conjunction with a hardcover variance. As a minimum, staff would recommend that any approval resolution document disclose that rebuilding of the lake access staircase require a building permit and the two existing deck sections within the staircase would not be allowed and the encroachments must be removed. Lastly, after a site inspection it became apparent that intense vegetation clearing has occurred over the years. Some mature trees remain, but many smaller (less than 6" in diameter) trees have been removed and only stumps remain. Staff finds this to meet the definition of “intense vegetation clearing” outlined in Section 78-1285 (B). Understanding that the current owners may not have conducted the tiee removal, nevertheless a bluff restoration and preservation plan must be implemented as must of the bluff is exposed and the leaf-on conditions have been substantially reduced. Staff reconunends that the applicants be required to submit this preservation/restoration plan prior to issuance of a certificate of occupancy for the new addition. Staff would also recommend that this plan be implemented prior to the end of next summer (September 2005). Issues for Consideration 1. Do the hardships and findings of the April 1999 variance resolution still hold merit with the cunent goals of the Planning Commission? 2. Is enough hardcover ’:^eing removed? How could the property get closer to 25%? 3. Should the wood platform be eliminated when the dock is in the water? 4. How and/or when should the non-conforming staircase be addressed? 5. Should a bluff restoration/prcscrvalion plan be required? 6. Are there any other issues or concerns with this application? Staff Recommendation Approval of the hardcover variance request for 29.89% hardcover within the 75 ’-250 ’ zone when 25% is nomially allowed and 29.9% was previously approved, stipulating the following: 1. The wood chip area located in the southeast corner of the lot and following the eastern lot line (not shown on the surveys), shall be rc-vegetated with grass or the fabric liner shall be removed to allow water infiltration. 4 J M4-3067 November IS. 2004 Pact 6 of 6 2. The wood timber walls and rock borders that have appeared since the 1999 variance approval shall be removed as shown on the removal plan attached as Exhibit G. 3. The landscape rock shown on the proposed survey and labeled as “not hardcover” must be removed as the existing rock has become compacted. The applicant’s may install new rock in this located but no fabric or plastic may exist under it and it must be landscaped in a way to prevent cars from pairking on i' (timber borders, etc.). 4. The existing wood platform located at the shore shall only be allowed as a temporary means for dock storage. This structure shall be removed when the applicant’s dock is in the water. 5. The applicants are advised that upon re-construction of tlie lake yard staircase, all encroachments must be eliminated and the two existing decks existing within the staircase may not be rebuilt; nor may any platforms, except one 32 s.f. is size, be permitted. 6. Due to the intense vegetation removal that has occurred on the bluff, although not recently, a bluff restoration and preservation plan must be submitted prior to issuance of a certificate of occupancy for the proposed addition. ■ \- 10/15/04 09:52 FAI 9529421068 LKUX 8KUS MUBild City of Orono Variance Application WW A EXHIBIT A oT o Strr Jdrass: 275 w /.elley Parkway Orono, MN 55356 Main; 952-249-4600 fax; 952-249-4616 Mailing Address: P.O. Box 66 Crystal Bay. MN 55323-0066 Application # 0 /* . Date Received; lUILP Amount Paid; Staff ; ■ Fee:S600 Renewal; $300 After-the-fact: $1.200 Double Fee This application . w in full Aoc ’cant will be notified within 15 days as to the status of the TncSlefe v,iU not be placad on Planning Commission Agendas. property INFORMATION: __- ^ ^ ,rz? \ c=i Me Address; \-^ 1=^1 j-TT ------------ « no. mcluded on me suw^ '^;;rPmpV-ty'Acdulred (monlWyeerV. Yes. I o«n the adiecent parcels. Present use of property'. ^Residential □ Oi e —^---------------------- Zoning District; ----------------- applicant INFORMATION: (Complete legal nares ar^d marital status required for each interested party) ■ I FT-n- ^^^‘=-T'^’-^pnone(wo-?M:Phone (home). _________—---- Address: V Email; -------------------------------------------------Fax; OWNER INFORMATION: (Complete legal names s-.d rnarital status required for each interested party) Nlamp ’ ^ i^4-rt 4.4-10 A. UO A-<—*5>Jj ----- ---------------------------------------- ------------- Phone (work);Phone (home); Address; Email; DESCRlPtlON OF REQUEST: Estimated Project Cost: $ Describe the request in detail (attach addiliona^eets :f necessaiyV /A.-yg.l r^:Q- j V' // V y*' ■/ i • • • • J’ • • * r--• :* * -f // ./-^v ^ •i rt M.-.r »- C, ——----— - -».y.?4.?iaa8 LECy BROS ROHRS P. 82 QIOO2 REQUIRED SUBMITTALS: our □□□□ □□ □□ M^Tpi&or' ">' “ '=''^ Completsd Hardship Documentation Form listed wlhin this packet. Including hardcover calcutS>ns^*X?o nmtrfdi^ requirements irx 17-for reproduction. calculations. Also provide one copy 8.5" x ir or or 1 r X 17* for reproduction. proposed elevations. Provide one copy 8.5" x 1 r ^ 'I ^4 m W '¥P* m I V..^ _ _ A E or 11 X If tor reproduction. * *uviu» one copy a,i APPUCAMTS ACKNOWLEDGEMENT: Departenent. agrcMto par^di^onaHTTOs (sILffTsm^not wl^elTln th^ by the Planning wnsuitant expenses Incurred in review of thisVpp?^^^^ Sd payment) and/or frue and correct to the beat of hle/her knowledge The information supplied is roaponsible for submitting a complete application *» solely staff hae no altemaUvo but to rojeci It Sntil h ---------------------- roaponsible for submitting a complete application •» solely staff has no altemaUvo but to retect It until it la folluro to do so, the denial of the request reg^less^ its potenj^al merit ^ recommend the request for ]0 J'Zo/pA^ Date: —----- Applicant's Signature: _________jno •AppHcanl'a Signature: 7 OWNER'S ACKNOWLEDGEMENT: ^"1 '«sc„ab,e purposes Of investigation and verifl(^on of this request * * Council Members for Owner's Signature; Owner’s Signature: ^jinB. Plannins Commission t<—er«>^w^L. EXHIBIT B 11/2/2004 Janice Gundlach City of Orono 2750 Kelley Parkway Orono, MN S53S6 Rc: Wood platfonn at 1354 Pest Point Circie Dear Janice; I hope Uiat some of the facts below will help lay out the reasoiu we find it necessary to ha\-e a platform on our property for tire purposes of holding our dock and its support structures. We are requesting a variance to keep tliis structure in place. The wood platfo;*n on the lull by the lake is for the purposes of holding all of our dock pieces Witliout it there is no place to put our dock. Tlie liill is approx, a 34 foot drop from the top of the lull, and it is about a 45 degree drop to the lake. Because of this slope there is nowhere on the lull or shore to store a dock of any size. Tlie pieces of the dock are as follows; 1. 16 docks sections of 5 feel by 8 feet. 2. 12 dock sections of 3.5 feet by 8 feet. 3. 53 verticle metal support poles. 4. 100*200 metal horizontal support poles. 5. 20 support poles for a dock canopy. If we are required to tear down the storage platform we will have a hardsltip. Leaving the dock in the water would destroy it. To replace the dock would be in the $25,000.00 range We are not looking to have any more room titan enough to adequately store tlte dock and the support structures tluit are needed to keep the dock in place during the use in the summertime. This platform is about the smallest that is necessary to hold all tlie pieces. My wife is on tlte board of the Lake Minnetonka Assoc., and we are veiy concerned about the look of tlte lake and any erosion issues that could impact the lake. We Itave recently rip rapped our shore line because of tvave erosion and tlte slope that could give way if we did not take adequate nteasures to ensure the integrity of tlte shore line. The stairs going down to the lake are a hazard and will need to be addressed in the future as we have had people fall down the stairs already. It is very steep, and we are conunitted to solve tliis over time, but it costs a lot of money and we are saving for it. We only want a safe walk down to the lake willt adequate room for dock storage and nothing else. In our new house plans we have pulled the house back from die lake, and are reducing the hard cover as well. Tltis should show our good intentions in working tvith tlie city of Orono. We appreciate your consideration of our request for a variance to keep this platfonn for the necessity of storing our dock and its support pieces in the winter time. Thank Denny & Amanda Walsh 1354 Rest Point Circle Orono, MN 55364 612-414-5055 t •• • • .• . / r: • * '•• •r -N ' V- Top of the stairs looking down to the lake V',- .• •• pa •/’•aM ■—f^-p a:';. Vi? ’'•ssc«g'.mm./ ^I wiI ......V ,:f'i **• ^ ^ ^ •. V * ■•■ '' -•.’» xm Win nKWi': • " -ri4-~ ■ mf- - .*>’BRiw ''' ^’' r^'. i *' ? r, I'M; 2 l||:r r r-t- r •t ■’S/’. [• .;■ T I The view up the stairs t* V V *•' * . * «'«( it \ V . ;:;;5 ‘.s a >') L .: '* ' • •<*> •V ‘rv?: - . >c-. Him. *-» ♦ %• * * fi»* / % • * * ^ 4. *.V**^« , Bhrr. ■ •*’'*^-. ;■ ’" '• ■'■.;/• ’.^' . '' ’ • .'v-‘T* >.K.^,. •__ * .•. * • . 'X* ' • •—»--•. •it. tm -'!i^r ^.^ if; '•' ' ‘t : *K\ .: ' *■ .* .;■ -I • f ! •\ ■f-t.- •*^. u M • • •* •• •* ^ . AMI The dock from grou nd level and the view up the hill iL ' 1< t! ;;7'v‘>v.;v. '.r• 7 //X-rs^v » I Dock from above and the platform - ■■ t ,'is: ^ t r";.vr /r’.. > • *, ‘ •'•T ‘ l;J :U -::^' ••• / - t'~M ‘ ** i , r— S^^///Ji r> N %- \ ^ - •>-,. . -OT^-Tj ;A, 1 ‘ * • • -Y “t ,*rr nc 4 l^2H K lii V *^'. -f - •■ *"^^*7* — • •• ^ ► ^ ^ hr.>f:** -»-.--r^*-' i*' * - • - ‘•vVri-^^**-:? C^-*' - . t. •'■ - •V-*.- <Vi ~- ::' v--t #'•: ■t^\ --vv, . j. '^-.-V *'• "i' ■ 'i. _ ;.-:*r Ik •t f •*«nr-'* • M0 r--------- 1U/1S/U4 uu:b4 rAA UOZ»4Z1UOO onxjo ausLOO W W«# { Page 1 of3 EXHIBIT C documentation form ISi oot^e complete snd submlued to the City. —---------------- Minnesola SUla Statue Section 394.27 MrOa^hjp be demonstrated in order (or a variance to 9 . ^ persona/ and economic property as ^ to be heard by fh"e"‘“nntnl™c'o'=rn“S™n‘'rn“ a haraship havinp merit must be demonstrated. HOW jO I PROVE hacic citv staff uses to determine if a hardship aaoresb au i----------------- Since you are requesting the reVmm^aS.T, 7^ ^aU'—g'S^t it wii, no, be censrbereo.variance is denial or a Please address each r,t these hardship criteria as they relate to the request (seme may not apply)'. 1."The properbr in question cannot be put to a reasonable use H used under _«xK f ' -.'Vn 1 1^... '.j-.v*Cn iA -The plight of the landowner is due to circumstances unique to his property not yru^,or7t7X./-W>ffia ^., 3. TT-Try-. / UA/. y . ^n r nnv-4 } nv^s '*■ ryj;i-i^ro Ov* JU \ * T • •'■TM-variaSoi, if grartted.«»! not pUer the essOTra oha a«er of the tocal ty, 1 .1-,A,M...V/-.me, i:i-ivA±i .fiyfTilK, A<'W7r-r->.ff-‘f.w r^2f.t ,v y /v^/Vf^Wi Ls LLk C:h 'Economte considerations alone shall not constitute an undue Jja^h'p if reasonable use for the property exists under the terns of the Zoning Chapter. .« ____________. ^.- . — i' ------------------ fj tC?*i2rw-ri- 'w j tj ^ , r i i « *e. • •• • C:rV .V- : y •r/ v/* I :M ..> * # r# iU/io/u« uv:o«i rnJL |}KUd Jiuii^d 1^006 I >•.. H •., (• ••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." V 6.•The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person's land is located.* 7.•The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.* 8."The special conditions applying to the structure cr land In question are peculiar to such property or immediately adjoining property." lVu ~» j- v<n (ak rvt .'j-.ff.Ti ^w^ r I i.t f.' pn iu.-x-* fVvuk-- l"HLi.-vg t, ‘ij-r. fVa’ . * I f.~, rv \ V 9."The conditions do not apply generally to other land or structures in the district in which said land is located.' . / /. .v ’ < 0 rU->UHr\\a ,V/ t -> f.7r7><r'.r{.g,. ♦V*. Vcu- /-V/y y<■' f/./v- ■ —>—~f ( o /■•>>/ wi j p i f n (' y /rV~ V< ci'X.'y' r •f 10.•The granting of the application is necessary for th*v preservation and enjoyrr.ent of a substantial property right of the applicant.* it ^4 /u />J A r t /n<ri-h~iiV. t\1 r ? > . ( /U*.^ /t'I'(f . /i ' 0 i-'i*''•r.t V ~f-;k rn\J~.rhd'c iKyiU'/ ' ^ nC(f,uCC cn } ‘The granting of the proposed variance will not in any way impair health, safety, pAopj^^tr L- . ! Ai- j tC)‘^Jit, 11.The granting oi uie proposeo vanance win noi in any way im^»au ncai.ii, acjieiy, comfort, morals, or in any other respect be contrary to the intent of the Zoning “ ' .rCic;I Code.* , / • W Iaji vvS4 rn<lh o. . . / T C? C ■* i ^ %■ ^k';Jin^k I t i I ) t I. • • • # i / 10/18/04 0B-.8B PAX 9S2942106S LECY BROS HOUBS UI007 • • ■V Page 3 of 3 i 12. _ /‘U7/?iOi.'Cc / ■ (31. ^ /Oi'V i,v>(i'’-‘5'iuw k''^.cK c'k nh ...................................................Should you f«l U« nara»^^^^ In me loliowmg lines (auach aMKional sheets ,. necessary): r *? >f ">•ft r & 'a \j>f‘;i / / •V 'i' » * —. •?.,’;C£1h^; 2 -«:'• S U) o w» *0 c ^•X w w o CL i o a ^ o VI .C «* y>£ c 03 w ID Q>W O C» J2 XI C :Sc o u) q:X C OJ ^.2 ±: S O JC ^ VI * M^ n > *w r» V. O c o « o y Si2 oi o V) • • QTI .£*c fi* o o o o —1 -j h- S 0) a O CD 1 . *. A mA n JOA \a /A c L£M HARDCOVEIJjL;ALCULATiUiN WUKKbHiit l'' Setback ZONE: (circle one) 7S-2S0’ zso-soo' PVTSTTNO HARDCQ\nER IN ZONE A. House . . ____X Length Widih X X X B. Garage • Z: &hveway ^*4 Z »5" 7* 2 X X 14- /7 D. Sidcsvalk X X l^/ f'S df^ ss ss E. Pwo/Deck V/gn«f PS ^ ,V/Ae.«-5 F. Lands^e Und^lain ^Plasiic <jr fabric ^ *3 X X X X X X S3 S3 G. Oihcr TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A- •!• B X 100 PROPOSED HARDCOVER IN ZONE A. House Lenfih Width X X X m f B. Garage C. Driveway X X D. Sidewalk X X E. Patio/Dcck X X S3 S3 F. Landscape Underlain By Plastic Of Fabric X X X 0. Other 500-1000’ e/n/a^. A)o cuAf.et EXHIBIT F S.F. S.F. S.F; • S.F. • I • S.F. 23 S.F. S.F. S.F. S.F. Z^4-S.F. S.F. /<P "Z ^3 74 ‘ S.F. S.F. I - -4 S.F. S.F. (T32 9^30 S.F. S.F. ^ ‘83 r. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. A B S.F. S.F. . S.F. < l« S.F. TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A :_ _ _ _ _ _ _+ B .X 100 •S.F. ZSF. % A B • t I" irffiifiiM M. I ■.rarr. : • HARDCOVER CALCULA'llUN WUKKtiiKEEl' ' S"ETBACK-ZONE: (CIRCLE ONE) 0-75' gytSTTNG HARDCO^^ER IN 70N-E A. House. • ______________X -Sr..^rAes Lcnfth f-fZ^lsJT />y»770 fl,OOOie^S % • B. Garage • *__________ C; Driveway _____________ X X X X X (lOLtL D. SideweHr X X E. .Pettc/Deck X X F. Landscape Underlain By Plastic Or Fabric G. Other OC^,'£^ A/ . Aoe^!^ f C*A lAfc. X e/?.o£.4i. X 222 TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE S3<?a PROPOSED HARDCOVER IN ZONE A. House ______________X Lcnfih X X X B. Garage C. Driveway D. Sidewalk X X V X X E. Paiio/Deck CXfSrjA/q /4JL££l£&, X X «•rc/i c // F. Landscape ■________ Underlain ___________ By Plastic ■______ Of, Fabric X X X G. Other UAA*-t.s (^5-250^ 250-500' widih a. o.v /g- 7 S.z -i- B /B7^t> X 100 Widih ss SSI C,7 S3 SS TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A • + B /S7o X 100 500-1000' 33Zt S.F. ^7 S.F. S.F; S.F. S.F. 033 S.F. S.F. C>t S.F. S.F. S.F. S.F. S.F. S.F. I 4 -i S.F. &</ S.F. S^93 /S7e>& S.F. S.F. 4-4:9 !7o -7^4:? S.F. f SB S.F. S.F. S.F. S.F. S3 3 S.F. S.F. S.F. S.F. /?7 /7Z S.F. S.F. /6 4 A B S.F, S.F. . S.F. (' I It 2/6 S.F. S670 - S.F.- /9 yao S.F. A B % • ^ 04' \\ I I SETBACK-ZONE: (CIRCLE ONE) \rJ/{Lsu e/n/aa- /^/if/04 ^^CUiKfCC;. 500*1000’ PjVTSTING HAB^<7n%T:R TN ZONE A. House . • Length Wid'Jj X X X B. Garage • C: Driveway •St . X X R-octi, D. St^ewalk S4-X X a. 7 E. Pauo/Deck X X F. Landscape Underlain By Plastic Or Fabric X X X 0 S3 G. Other ^^j5(i»2S TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE 79 3z.£:o B 3Z^£f X 100 pROPOSEn HARDCnVEn IN ZONE A. House ______________X Lenjth Widih B, Garage C. Driveway D. Sidewalk X X a a E. Patio/Deck X X F; Landscape Underlain By Plastic Of Fabric X X X G. Other total hardcover in zone total property area in zone A :_________________- * ® ■ X 100 - ■■Mk 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. • >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. A B S.F. S.F. S.F. S.F. . S.F. S.F. S.F. S.F. % A B \ i _______ ^ -------- REST POINT CIRCLE S 0l “03 ’00" V 112.75) b 1/) ^; Iroring:Ex- CV» S' S £ i 2 3 -5 t9 ” 0)O 00 e HI-2 I 2 966u) >-r - - — —. -lA * ^iills ' o21 1 . \ \ irvAiVilT.ra I I M ' H 0'3*02'03 ’’ V / »OVMq3SOdCbd yiiM_ // / / ;\\\\\'\",\l\\i I S I Q------------1 UJ lots / .1 / / / —«9fr S 00 “51’30'246.12 11VM 3NOiSA3>T*T Ml IS IV/W/"" .sefN O § *2 « s S 21 VIVM OOOM / / / / °^HSIX3 / / / /// III III I II ! I / / / / / / / / / III I I I f I I II I I III II I I I’ I Imil 11111 r' . ■^mm Ki '>• *< F*r"'" ■ ^ W' Si f >fiF«vr .- —*1 MMf ij****«*n <ftt *••• Ik. »’d.ii* • M 4^ :fi 1 UJ O » uiiQo, il3: 8® <1 fi U R H X I ^ ' f .vt- .^•:t^: ’*♦ . ' ; ■•.' '’r- is ;' •--•■ ••- ' .^•■ 'v - : ■ • ■* ♦•< a:/’ Vi' \-r V f ’■ vi ’■•V'V .-.■ ■ U* •y#» »«■*<»—*> H . IM ,av^*** •** $ 8 11 IS 4 II 1 is OUx 3! r Ifr' . ir «J ••sssrwnari ^ -J UPTF-R LEVEL FLOOR ^>K, m>mM- M‘4 __________________J Sir''''sJ ftvT-l'SI t ^4C»3» AB •>««•••« »«tf «t* •«» *n« •*• «tM««ra IS Ik • M \ ) 01 K}m m 3S»-‘f-J I9 m y- r-/jTn^ *' I ~i ~1 '1*^ •fp. p—1 ••;■■•■ i Mll ^ i^SuLt? ^rnSn* **' *** M ««««•* a«««t ■»«#•••« wnm <p» mncim rw«M»w Miu • mt >«»«■> I—i> •'^ ______ M wr ••••••»•••"*•* ®"*' MMUtt MU S3 S .v:rrcr mm? tawi#i«o< coal MD* t»f«MD>ttM. tr—f- «*<--------- M ir«nMM«>u ••*‘1 l*t «MMI ••■««. • •r •* (jM M al ««« > ^ fVflc«J5Sf«S5a ------- V?®rn~ •-• ••-*» »<««rv JMn*» •«. itrnmmmmr^^ 9O0pAt€H !»»■«»«*«4 •tiAm • M«r %• (rfwr.** iwk« •*■■•• 4 m» !••• • <• •------- ^ tmOM 6CCTION • C^TyWALCOfjT. Vi/ ^ SECTION • FAMn.r ffOOH/GAHE RQ^ v»>y -. r-r llllll t t;If I •^::_________J rv AT a4fg woqriaynLTjjHfe. ! I ^>1 sccTi^ • PORPl, idiitfUMlIiiilAt Mnihi r 1 SS-®..^vV' 7144547 \\y EXHIBIT K^‘Tlu^. o*rr:;a V r.rrwsa •UMLi r.t c Jc.Hi. Mi.Kw lA rrp' •'**r : si* cn yry o?^ /i... cu 52 JX i'J Hi I - 25 . . .,7144547 V.•• •oc. ni:. JJIrVTY • ^ ^ T • •* IL « '*'* N RESOLUTION # - • ■ STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ) CITY OF ORONO ) I, Linda S. Vee, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in }he Minutes of the proceedings of said City Council at a meeting of said City Council held on--------April 76. -------- and that the same is a true and correct copy of said resolution duly adopted by said City Council at said meeting 30th day ofIn Witness Whereof, I have hereunto set my hand and seal this April_______, 19 ,S9—. . Linda S. Vee, City Clerk EKT6RED ] rM CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. _ A RESOLUTION GRANTING AFTER-THE-FACT VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 AND SECTION 10.56, SUBDIVISION 16 (L) (2) FILE #2444 WHEREAS, Brian Schebler and Susan Schebler (hereinafter the applicants ) are owners of the property located at 1354 Rest Point Circle within the City of Orono (hereinafter "City”) and legally described as follows: Lot n, Subdivision of Lot 14, Rest Point Park Lake Minnetonka and Lot 13. Rest Point Park, Hennepin County, Minnesota (hereinafter "the property"), 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 public hearings on March 15, 1999 and April 19, 1999, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon, and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.22. Subdivision 2 and Section 10.56, Subdmsion 16 a) (2) to permit 7n after-the-fact variance for a 12'xl6' lakeside deck to exceed allowed hardcover in the 75- 250-lkeshore letback. The hardcover is 5.593 sq. ft. (29.9o/o) where 4.675 sq. ft (25%) is allowed. Minnesota; NOTV, THEREFORE, BE IT RESOLTT jD by the Ciry Council of Orono, FINDINGS 1. 2. This application was reviewed as Zoning File #2444. The property is located in the LR-IB Zoning District, where 1 acre or 43,560 sq. ft. is the mirumum lot area. The property consists of .72 acre or 31,200 sq. ft. Page I of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL MO. <■$. ” ’ The Planning Commission reviewed this application on April 19, 1999 and recommended approval on a vote of 6 to 0. 4. The Planning Commission made the following findings of fact: A. Much of the existing hardcover on the property could be removed; however, the rock is not underlain by any imper/ious materials. Also the rock located around the driveway protects this portion of the property from erosion as much of the drainage in the locality follows the slope Planting grass would create a maintenance problem as a steep slope exists. B. The rock on the lakeside of the home (all outside of the 75' setback) is located in an area that does not receive any sunlight, preventing grass from growing in that area. C. The gravel parking area located on the north part of the property benefits the locality as it is used for parking by the homeowners and provides an area for snow storage. The applicants have stated plowed snow is stored on their property. Rest Point Circle is a narrowly platted road and no storage area is available along the side of the street. D. Existing landscaping and the location of the house will screen the deck from adjacent property owners. 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 trafhe 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 subsmntial 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. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments Page 2 of 5 5. t CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. _'4 ?: by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby wants variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56 Subdivision 16 (L) (2) to permit an after-the-fact variance for a 12'xl6 ’ |ak«ide allowed hardcover in the 75-250' lakeshore setback. The hardcover is 5,593 sq. ft p9.9.o) where 4,675 sq. ft. (25%) is allowed. Approval was subject to the following conditions 1.The Planning Commission will not look favorably on granting future variances for additional hardcover on the property. Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (April 26, 2000). 3.Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4.The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Page 3 of 5 tt CITY of ORONO ;. f^Jv/RESOLUTION OF THE CITY COUNCIL /J >' t ’ ■■ X NO. •_______ !•- '...A.. ft ..'.V' ;'-vv;. y-. , ..-Ad ' ••: ••• .• c iil {;- --ATTESX:r i; . •A’doptcd by the Orono City Council on this 26th day of April. 1999. . ’•'i: • cr.••V'V^ ' yn / .f-' •. , ■ •' {' //• ■ • *' ■■*. /Sj’f .'A-- ^ ' ■. •BrTda S. Vee, City Clerk >•N V Gabriel Jabbour, Mayor , ‘7 J , i /*> />’/' V. ’ Property Owner(s) STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 26th day of April, 1999, by Gabriel Jabbour & Linda S. Vee. Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. •///a ic/ n. // j j --------- ^5fAflYAf.-N JOHNSON {■• MyCo<Timiaio.iExjir5jjjn,3i.2CCO ‘l Notary Public Page 4 of 5 -............ CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO.A ■*•■ V- ••' 4.> STATE OF MINNESOTA ) ) $s COUNTY OF HENNEPIN ) for said o» this 2ii. day ot id county, pctsonaily appn«cd ; -j-u ^ forgoing inslt^n.en.:!;;;!tn C nersonCs) described m and who executed the foregoing mstmment, acknowl^dSd that he (they) executed the same as his (their) free act and deed. MARY ANN JOHNSONV . notary PUBLIC-M1N.V£50IA 'I Wy Conunuslon Expires Jan. 31.2 OOO • * / * NOTARY PUBLIC STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) On.Ks2r2idaycf_,i,2d^4 ----------. l°notvn'‘,o Srr plXrdescridlit^ho c«l,=d the foregoing instmment.ar.d acknowledged that he (they) executed the same as h.5 (their) ftce act and deed. )i MARY ANM in'HMCOM I 11 Uf/rv} NOTARY PUELC MINNESOTA }'l NJrv-jy MYCommisstonExjii!eiJ«,3i,:ooo r /'^/gk/ \A'i }n.^ f'L . NOTARY PUBLIC I- ^ ' T~ ^ Page 5 of 5 "X ''' .. ••■ '>'■• V;.i • r <• • % >; -- : •'. \ r N ':k^ i?. - • 0 j i*r.. \ 7. * ''j^r x-AtsV" \ .A' A, ■ ’ A.5^ It . '. 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I » *• Mil JliiSVi; .*• < pi- ir>r m •<\ •'s>r*#; ♦ • •* ♦*• « Z n' ; *'\x. : •..r'-^ ‘ ’ '.O' ' ■ -Vr ' CV*> £■iir«asg EUrl-i ' rl'. I Tj vv^w Of •• N* •r*^. ~ ..^, ^ *'».' «.»< ^•- ■;f* 1*. •'''».. •> if V • V :■■ ■'■ I .. O' ••• VC*'' •* '■ ® - .•;. .V „.:: '• :r\ : eV^fASaft'^wS-S .<{— ^ w V I, V . ---------------- . --7 ^J 1^ / /A,-iiSrJsm *V g:;.*. X -Ti mim % " y V ^mm -41 l^rV:S--^-i-':->.L-. C 5¥ nwA^4 M* -S;** { •I EXHIBIT M Sec. 78-1285. Vegetation alterations, (a) No live tree within 75 feet of the shoreline or within the bluff impact zone with a diameter of six inches or more (or 19 inches in circumference or greater) measured three feet above the ground may be removed without first obtaining a permit froin the city suff, provided tiiat 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. Appeals of staff determinations as to type, size and quality of the trees to be replaced will be to the council. Removal of trees that are dead shall not require a permit, but such trees must be inspected by city staff prior to their removal. (b) Intensive vegetation clearing within 75 feet of the shoreline, on steep slopes or within the bluff impact zone within the shoreland overlay district is prohibited. Lirnited clearing of shrubs and trees less than six inches in diameter and cutting, prumng and U imming 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 tliat the screening of structures, vehicles or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced. (Ord. No. 101 2nd series, § 1(10.56(16)(I)), 2-24-1992; Ord. No. 127 2nd senes, § 7,7- 11-1994) EXHIBIT N ADJACENT PROPERTY OW^IERS' ACKNOWLEDGEMENT F^NI , Z 7 Hi4h ' - [print name(5)l address] have reviewed the plens.for the proposed improvement or proposed use of the property located , (we) understand that in "9 ,‘oMhe"cW“counS ?hau';^) arttS; a:amTtheCro;em%nt ’'plans and that the proposed neighbors project or use reauires Council apprpvaL^^ ^ - /</- .9 •ropiH^o^ l (we) v/a e. ^ L. X vev A a AH of--------A . / /? cL ' ^ Sprint nameC^ ^ Iprint address] have revievved th^lans for the proposed improvement or proposed use of the property located ^Tji^^f^'pVc/c'h (/f. also referred to as Land Use Application No----------------- use requires Council approval. Property Owner Date If you have any information that may assist the City in the ^®I?q Application, please submit your comments to the Building & Zoning Office at least 0 y prior to tho scheduled rneeling dele. s- . , :r , r RUNOA'i /M®04 31 07II7133I00I6 taxpayer WILUAM a REBECCA PINECAR iwesTfowc* NAME/AUU 5J364 31 07II72J3I0024 PROPADOR 1350 RESTPOINTCIR OWNER NAME RICHARD L ANFINSON ?rXPAVER RICHARDUANFINSON JlAilE/ADDR l350RCSTPOIKrClR NAMC/AU ^ounDMN 55364 38 0711723320034 name /auu 38 0711723320062 PkOPAODR 1354 REST POIFTT CIR „ ° P» name D S WALSH A A L HEIEN ?a «A yT DENNIS WAUIH/AMANDAHOEN .JMRESTPOINTCIR NAMt/AUu^ 55364 /AQE: I 38 0711723310022 propador ij« OWNER NAME M J ALTENHOFEN ITT AL taxpayer mark J ALTENHOFEN name /addr mound MN 55364 38 071172)320030 propador 1110 rest POINT la OWNER NAME STEPHANIE FCRREU taxpayer SIEPHANIEFERRELL name /addr mound MN 55364 38 071172)320060 PROP AOOR 1366 RtST OWNER NAME J K lANGHANS A S taxpayer JAMES K ASHEILA LANCHANS NAME/AOOR 1366RESTPOINTRD MOUND MN 55364 IS 07117233)0012 PROP AODR 1374 REST POINT RD O^ERNAME OOGANCSTEC&KCANWK taxpayer CARY A KATHRYN GANGSTEE name /addr .374RESTroiNrRD mound MN .'3364 31 0711723310013 PROP AODR I34« RESTPOINTCIR 0WNE"NAME TH PARKER INC taxpayer T H PARKER INC name /addr 5100 NORMAN or MINNETONKA MN 55345 38 071172)320031 propador 1)60 RliSTPOINTCIRrrr-»s».T«.o«.. mound MN 55)64 31 0711723370061 PROP AODR 1371 REST POINT ^ OWNER NAME KENNETH W A G EGGERT taxpayer KENNElHWARENEEGEGGtRT NAMDAODR DTIRESTPOINT^ mound MN 55364 w 1CERTIFI’ THATTHE FACTS !^^!Ip^SStWS^ATE ON THE RECORDS OFTHEHF.NNEPINCOUN1YTAX1-avi .k ...v..^*-^..........^ Of OF MY KNOWIEDOE AND BY Ml y (X: -■ r- ■> \\ ir V« • ,/i.: V---A w X £5 H O ,30 2 / 1 ^..w/ ^ * f—i-TS^ i —^----------t3 . ^ y. iT r IH > A*t I . V ^ 1 liiirMi •«'-'^TINJG REQUEST FOR COUNCIL ACTION NOV Z Z 2004 DATE: November 19,2004 ITEM NO: y y Cl IY OF OflONO Department Approval: Name Ronald J. Moorse Title City Administrator Administrator Reviewed: Item Description:Public Agenda Section: City Administrator's Report Works Parking Lot Paving The Council previously authorized the repaving of the Public Works yard area at a cost of $18,800. Due to using signiftcantly more bituminous than was planned, both to enable improved drainage and to widen a portion of the paved area, the total cost of the project was increased (o $22.469.96. COUNCIL ACTION REQUESTED Motion to authorize the expenditure of $22,469.96 from the 2004 Public Works Department Contracted Street Maintenance Budget line item for the repaving of the Public Works yard area. i ' I \ I REQUEST FOR COUNCIL ACTION •*r-ITT|lSJQ NOV Z 2 2004 CITY OF ORO n O DATE: November 22,2004 ITEM NO: Department Approval: i Administrator Reviewed: Name Gregory A. Gappa Title Director of Public Services Agenda Section: Public Services Director’s Report Item Description: Request for Payment #1 - Garden Lane Sewer Extension The City engineer has submitted the contractor ’s request for payment number 1 on the Garden Lane sanitary sewer extension project and recommends approval. COUNCIL ACTION REQUESTED: Motion to approve Request for Payment ttl regarding the Ga*'den Lane Sanitary Sewer Extension Project to G. L. Contracting, Inc., in the amount of $23,513.33. i Nov 17 2004 8:51 BONESTROO ROSENE RMDERLIK 6G16361311 P.2 l/lBoneitrao £[jRosene nAnderiOcSi |\j| Associates Engineeri 4 ArcMiects Owner: City of Orono, P.O. Box 66. Crystal Bay. MN 55323-0066 Dale:November 17. 2004 For Period: 9/6/2004 to 11/1 //2004 Request No:1 Contractor: G. L. Contractino (nc.. 4300 WHiow Drive. Medina. MN 55340 CONTRACTOR'S REQUEST FOR PAYMENT GARDEN LANE SANITARY SEWER EXTENSION BRA FILE NO. 139-04-149 SUMMARY 1 2 3 4 5 6 7 8 9 10 11 12 Original Contract Amount Change Order - Addition Change Order - Deduction Revised Contract Amount Value Completed to Date Material on Hand Amount Earned Less Retainage 5% Subtotal Less Amount Paid Previously Liquidated damages - AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 25,757.98 $ $ 0.00 0.00 $. $, $ $ » $ $ $ $ 25.757.98 24,750.88 0.00 24.750,88 1,23/54 23^513.33 0.00 0.00 23.513.33 Recommended for Approval by: BONESTRCX), ROSENE, ANDERLOC & ASSOCIATES, INC. Approved by Contractor. O. L. CONTRACTING INC. Approved by Owner CITY OF ORONO Spocifiod Contract Completion Dato: October 31,2004 Date: IdWMiMKeQt.Ato >•! r^ov 17 2004 8x51 DONE8TROO ROSEHE RNDERLIK 6518361311 p.3 No.Horn BASE BID: MOBILIZATION CONNECT TO EXISTING MH 4* DIA. SAN MH - 8* DP SAN. MH OD 6" PVC. 8* - ia DP 6 8-PVC. 10* - 12* DP 7 4" PVC SERVICE 9 BITUMINOUS STREET PATCH 10 SEEDING 11 SILT FENCE. MACHINE SLICED 12 TELEVISE SANITARY SEWER Total BASE BID: BASE BID: - Bid Amount Total - $25,757.98 Contract Unit Current Quantity Amount Unit Quantity Prica Quantity to Date to Date LS 1 1518.80 1 1 $1.51880 EA 1 4492.40 1 1 $4,492.40 EA 2 2031.10 2 2 $4,062.20 LF 4 100.30 4 4 $401.20 LF 130 23.10 199 199 $4,596.90 LF 170 27.10 100 100 $2,710.00 LF 55 11.50 55 55 $632 50 LF 30 33.30 53 53 $1,764.90 SY 100 42.40 79 79 $3,349.60 AC 0.15 5412.50 0.11 0.11 $595.38 LF 300 2 20 285 285 $627.00 LF 300 1.10 $0.00 $24,750.88 Total BASE BID: Total Work Complelod To Dato $24,750.88 $24.750 68 . V,*‘.t j I *4’lf ' ' ;<*f‘‘>1.* ^ov 17 2004 8:51 BONESTROO ROSENE flNOERLIK 6516361311 o. 4 PROJECT PAYMENT STATUS OWNER CITY OF ORONO BRA FILE NO. 139-04-149 CONTRACTOR G. L. CONTRACTING INC. CHANGE ORDERS Total Change Orders rrI PAYMENT SUMMARY No. From Payment Retainage Completed I Q9/06/2004 I Uh7m \ 23.513.33 1.237 54 24,750.88 Material on Hand Total Payment to Date $23,513.33 Oriqinal Contract $25,757.98 Rotninaoo Pav No. 1 1.237.54 Change Orders Total Amount Famed $24,750.88 Revised Contract $25,757.98 I REQUEST FOR COUNCIL ACTION COl ••'“rr'TiiyiQ NOV d 2 2004 CITY OF OROmU DATE: November 17, 2004 ITEM NO: J 3 Department Approval: Name Lin Vee y Title City Clerk : Administrator Reviewed:Agenda Section: City Administrutor's Report Item Description: Extension of Joint Powl'crs Agreement for West Hennepin Recycling Commission - Resolution Exhibits:1. Resolution Approving the Extension of Joint Powers Agreement 2. Joint Powers Agreement, 2005-2007 Extension Since the City began providing curbside recycling scrv ’ice, it has participated in a Joint Powers Agreement with the cities of Greenfield, Independence, Long Lake, Loretto, Maple Plain and Medina for the purpose of admitiistering the curbside recycling program, and to facilitate cooperative efforts toward planning and promoting other recycling activities. The West Hennepin Recycling Commission has requested that each of the participating cities extend the Joint Powers Agreement to be in agreement with the date of the curbside recycling contract. Staff is recommending that the existing Joint Powers Agreement, which is in effect through through December 31,2004, be extended through December 31,2007. A resolution extending the Joint Powers Agreement is attached for Council consideration. COUNCIL ACTION REQUESTED: Motion to adopt a resolution approving the extension of the Joint Powers Agreement of the West Hennepin Recycling Commission through December 31,2007. A RESOLUTION APPROVING EXTENSION OF JOINT POWERS AGREEMENT OF THE WEST HENNEPIN RECYCLING COMMISSION WHEREAS, the cities of Greenfield, Independence, Long Lake, Loretto, Maple Plain, Medina, and Orono entered into a Joint Powers Agreement under the authority of Minnesota Statute 471.59 in order to create the West Hennepin Recycling Commission for the purpose of establishing, administering, and operating a curbside recycling program in each of the member cities; and WHEREAS, the West Hennepin Recycling Commission has recommended extension of the Joint Powers Agreement through December 31,2007 to coincide with the date of the curbside recycling contract with E-Z Recycling. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orono, Mimicsota that the Joint Powers Agreement of the West Hennepin Recycling Commission be approved and extended through December 31, 2007. Adopted by the City Council of the City of Orono, Minnesota at a rc:.ular meeting held this 22nd day of November, 2004. Barbara A. Peterson, Mayor ATTEST: Lind? S. Vcc, Ci;) Clerk Page 1 of 1 JOINT POWERS AGREEMENT 2005 - 2007 Extension THIS AGREI-:MENT made by and among the Cities of Grecnl'icld. Independence. Long Lake, Loretto. Maple Plain. Medina and Orono (hereinafter referred to collectively as the "Participants”) is elTective on the day and year provided herein 1 PLTRPOSE AND AU THORITY. This Agreement is entered into under the authority of Minnesota Statutes section 471 59 The Participants have deternrined that it is to their mutual advantage to form a single joint powers entity that shall establish and operate within the present and future boundaries of the Participants a program for recycling acceptable materials. Cities will ofTcr curbside recycling to residents. 2 COMMISSION. There is hereby created the West Hennepin Recycling Commission (the "Commission") consisting of seven commissioners » Appointment and Term. The governing body of each Pailicipant shall, by a majority vote, appoint a person, who may or may not be an elected olVtcial of the Participant's, to serve as a commissioner. Appointments shall be for a two-year period unless the respective governing body makes the appointment for a lesser period Comnrissioners shall serve until their succcs.sors arc appointed and qualified Vacancies shall be filled for the unexpired term by the appropriate governing body. A vacancy occurs upon the death or resignation of a commissioner b Compensation. Coinmissioiiers shall serve without compcn.salion by the Commission Reimbursement of expenses for each commissioner shall be governed by state statutes and the charier, ordinances, and policies of the Participant that commissioner represents c Ortlcers The Commission shall choose one of its members as a chairperson. 'The chairperson shall be appointed by commission action at the first meeting of the year The ctwrdinator shall act as a secretary-treasurer 'The chairperson shall preside at all meetings of the Commission. The sccretary-trea.surer slull keep a complete record of each meeting and of all proceedings and business of the Commission, keep it's Commissioners regularly informed of the activities of the Commission by distribution of written minutes to e,ich Commissioner following each meeting, and shall keep an accurate accounting of all receipts and disbursements of the Commission The chairperson and secretary treasurer shall sign all contracts authorized by and in the name of the Commission. d Nleetings 1 he Commission .shall meet at such times and places as it shall deem appropriate but at least once every twelve months All meetings shall be open to the public. e. Voting Requirements All actions of the Commission shall require a simple majority of the commissioners present and voting A majority of the commissioners shall constitute a quotum. I ( f. Financial Accountability. The Commission shall establish a separate checkinj> account for West Hennepin Recycling Commission (WHRC) authorizing Commission representatives to sign checks Two authorized signatures will be required at all times on each check. The Commission will include costs of maintaining checking account in its annual budget. The fiscal year for the Commission shall be *he calendar year. Participants shall be permitted to inspect the financial records of the Commission at all reasonalle times. 3. POWERS. The Commission shall establish and oversee th<. operation of the Program, The Commission shall have the authority to: (a) enter into contracts in accordance with Minnesota statutes section 471.345, subd 5, as may be necessary to accomplish its purpose; (b) hire, on an independent contractor basis, such persons as are necessary to operate the Program, including, but not limited to a Program Coordinator; (c) lease a site for a central collection facility, and (d) apply for and administer grant monies as necessary to fund the Program In no event shall the Commission incur obligations in excess of its funding as provided in the following paragraph. Funding Funding for the operation of the Program shall come from grant monies available from the Hennepin County Municipal Recycling Grant, special grant programs, and funds from any curbside recycling contractor incentive from the sale of recyclable materials. The Participants agree to support the annual budget of the Commission and that the distribution of Hennepin County Municipal Recycling Grant funds will be based on each city’s percentage of the total household count among the Participants. In addition, the Participants may, but arc not obligated to contribute funds additional to the budget to the Commission for the operation of the Program. Each Prulicipant shall provide funds for any curbside program for that city in excess of the money available from Hennepin County. 5 PUBLIC EDUCATION. The Participants agree to assist in the distribution of recycling-related information. I he distribution of such information shall be distributed via municipal newsletters, water bill enclosures, general media news releases, and other mutually agreeable communication methods. 6 EFFECTIVE DATE. The effective date of tltis Agreement shall be the date upon wliich the last of the seven Participants has caused this Agreement to be executed pursuant to an authorizing resolution of its governing body. •'J 7. TERM. This Agreement shall continue in effect until December 31. 2007, unless extended, renewed, or terminated by the Participants pursuant to the provisions of paragraph 8 below. 8. MODIFICATION. This Agreement may be extended, renewed, terminated or amended by agreement of all Participants as authorized by resolution of each Participant's governing body. 9. WITHDRAWAL. A Participant may withdraw prior to the expiration of the term of tliis Agreement or any subsequent extensions thereof by giving 90 days' notice in the form of a resolution of its governing body, served by ccitified mail on the secretary-treasurer of the Commission. Service shall be deemed to have been made on the date of mailing Any grant monies or other funds received by the withdrawing Participant or the Commission, either prior to or after the effective date of withdrawal, that are attributable to the Participant’s participation in the Program prior to its withdrawal, shall be paid to and remain the property of the Commission. 10. DISTRIBUTION UPON TERMINATION. Upon expiration of or termination of tliis Agreement, any assets remaining after the payment of outstanding obligations shall be distributed to the Particip.'ints in proportion to their monetaiy contributions calculated over the life of the Agreement. 11. ADDITIONAL PARTICIPANTS. The number of Participants may be increased during the term of this Agreement by amendment, pursuant to the provisions of paragraph 8 above, provided that any new Participant shall also cause the Agreement as amended to be executed, pursuant to ainhorizing resolution of its governing btxly. 12. EXECUTIVE COMMlTfEE. The Commission is empowered to appoint an Executive Committee consisting of three Commissioners. The Coordinator will be an ex-officio member of the Executive Committee The Executive Committee will meet when directed to and for the express puipose designated by the tlill Commission. Membership on the Executive Committee will rotate among the representatives of the participating communities on an amtual basis, with at least one new Executive Committee member annually IN WITNESS WHEREOF the Cities of Greenfield, Independence, Long Lake, Loretto. Maple Plain. Medina and Orono have, pur.suant to authorizing resolution hereto attached, caused this Agreement to be duly executed. Extended this day of..,2004 cm’OF By: Its Mayor By: Its City Clerk / I \ inr^M •irCTIfsIG NOV 1 2 2004 REQUEST FOR COUNCIL ACTION CirvOKORONU DATE: November 16,2004 ITEM NO: / ^ Department Approval: Name LinVee ,, Title City Clerk Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Extension of Curbside Recycling Contract Exhibits:Curbside Contract Extension Agreement for 2005-2007 The seven cities participating in the West Hennepin Recycling Commission (WHRC) contract with E-Z Recycling for curbside pickup of recyclablcs. The current contract expires on December 31, 2004 and staff is requesting approval to extend the agreement through December 31,2007. Each of the cities participating in the WHRC is required to sign an extension agreement. A copy of the Curbside Contract Extension Agreement for 2005-2007 is attached for Council review. The contract extension includes a rate increase of approximately 3%. The current rate is S2.18 per household per month and increases to $2.24 per household per month through December 31, 2007. As of January 1, 2005, soft cover books will be added to the paper recycling category. Staff Recommendation Both staff and the WHRC recommend extending the current contract with E-Z Recycling through December 31, 2007 at a rate of $2.24 per household per month. COUNCIL ACTION REQUESTED: Motion to approve the extension of the curbside recycling contract with E-Z Recycling for the period from January 1, 2t)05 through December 31,2007 at a rate of $2.24 per household per month, and to authori/,e the Mayor and City Clerk to sign the Curbside Contract Extension Agreement for 2005-07. t < Curbside Contract Extension Agreement for 2005-07 City of Orono and E-Z Recycling This Agreement extends the December 31, 2001 Recycling Collection Curbside Contract Extension between the City of Orono and E-Z Recycling The parties above hereby mutually agree that the contract is extended through December 31, 2007 Beginning January I, 2005. E-Z Recycling will add soft cover books to the paper recycling category. The City shall pay E-Z Recycling $2 24 per household per month. Extended this___day of Cl l Y OF ORONO By;---------------- Its Mayor By: Its City Clerk 2004. E-Z RECYCLING Its CEO Us Excc. VI’ I » tv rriNG NOV 2 2 2004 RKQUEwS r FOR COUNCIL ACTION CirVOF ORONO I DATE; 11/22/04 ITEM NO: J I w/' Department Approval: Name: Stephany Goo(K4&. Title: Chief of Police /' Administrator Reviewed:Agenda Section: Item Dcscript »n: Fill vacant patrol officer position - Kiniherly Toewe Uxhir'-.'i. DISCUr..NiON: There cunenlly are two open patrol olTiccr positions in the Orono Police Depai tment. Kimberly Dawn Toewe has siiceessfiilly compleied all phases of the hiring process which includcil physical fitness and written exams, an interview process, and a thorough hackgromul \\ ith a medical and psychological evaluation. Ms. Towe is 2.1 years old and resides in Cohasset. MN with her parents. She graduated from the University of Minncsota-Duluth in 2(K)3 with a Bachcloi of Arts degree in criminology. She completed Skills in 2004 with I libbing Community College. She played four years of varsity basketball for the University of Minncsota-Duluth and was the team captain m 200.1. She has worked as a human resouree offieer working with at-risk students in the hasca School System. She has a coaching certificate and is an assistant woman’s basketball coach for Itasca (’ommunity College. She completed a 300 hour internship vMth the St. Louis County Police Department. She is interested in the Orono Police Department because she sees it as a very nice community and is interested in growing with the department. Kim’s one year goal is to learn police work and she promises to become an honest, hardworking, reliable ollicer. Eventually. Kim would like to woik with youth anil drug education and prevention. She is making plans to relocate to the Twin (.'itics area. (’OUNC'L ACTION REQUES TED; Motion to approve the hiring of Kimberly Dawn Ti>ewe effective November 23. 2(M)4. at the starting patiol officer pay rate. ^Ol Mk • RKQIJKST FOR COUNCIL AC i’lON "•'■TiigQ NOV ^ 2 2004 Cl ry OF 0R0N( Depai'inu'iit Appruval; Name l.in V'ec Tillc CilyCIcik ' Admiliisirafor Rcvk »vi.-d: Item Description: List of Licenses for Ccmncil Approval ANNUAL LIQUOR LICKNSKS Club On Sale and Sunday Liquor Way/ala Country Club 200 Wayzata Boulevard Woodhill Country Club 200 Woodbill Road Off Sale Liquor Navarre Liquors Inc. 3421 Shoreline Drive ONK DAY CAMBLIM; - RKSOLUI ION Oii)no Hleinentary P I'O (raflle) Winter Fun l est - Orono Middle School 12:00 p.m. - 4:00 p.in. Saturday, February 5, 2005 COUN(’IL ACTION RFQUKSTKD: Motion to approve'deny the above listed licenses. NO D.MF,: November 18, 2004 ITKIVI NO: I ^ .Agenda Sect inn: I icenscs State of Minnesota County of Hennepin City of Orono License No: Amount: 2005 03 $400.00 o o •' I.Liquor License Club On Sale & Sunday Liquor Upon itivesligiilion iind satisfactory evidonco of the qualification of the lioonsoo. Itiis license is granted anti pursuant to application and payntonl of fee thereof, and is sutrject to all the provisions and conditions of the laws of the United States, the laws of the Stai j of Minnesota, ttie regulations and ordinances of tlio City of Orono. and the rules and regulations of the Liquor Control Commissioner, pertaining to such; and subject to revocation according to law for vio'ation thereof. This license is not tronsforablo c.tcept by consent of tlio issuing authority. Granted To: Business Name: Business Address; Commencing: Torminatiiirj: Business Description. Wayzala Country Club Inc. Wayzata Country Club 200 Wayzata Bouluvard January 1, 2005 December 31. 2004 Private Country Club Issued by authority of the City Council of the City of Orono, Minnesota on: November 22. 2004 Barbara A. Peters m, Mayor Attest: Linda S. Veo, City Clerk », * • ». r I i ‘.*‘ >* t ^ 2750 Kertey Pafk^dv. P.O. Dox 60. Crystal Bay. MN 55323 Phone (952) 249-4600 / Fax: (952) 24'j^616 / www a.orono.ntn us 1 Minnesota Depanment of Public Safety Alculiul and Gambliii;i: Eiiforccnicnt 444 Cedar Siieet. Smic 133 Si Paul. MN S510I-5133 651-296-6979 • TrV 65l-2S2-6'55 • I a\ 651 297-5;59 .-i.* W-' .e /' RKNKWAL OF UQrOR, WINE, OR CLEH EICENSE No license vMil he ;ipp:n\cd or released until Uie S’O Retailer ID Card fee is rcccr.a! by MN I iquc»f Control IJccnsct*. Please verify your license information contained below. Make collections if* necessary and sign. City rierk/Count) Auditor slioiild submit this signed renewal with completed license and Iicen.see liquor lir i'ilily for the new license j ericKl Ci!y ClerL'Couiity Auditor arc also required by M.S. 340A.401 S. 3 to report any license cancelhitioii. License Code License Period Emlina Ciiy/Couiity where license approved. ‘ rniintyo Tlphi Jnr. Pn'.'nLr^»«h pP.t?. ir.1 nv'onci. Mfx! Licensee Name Trade Name Licensed l.ocation tuMress City. State. Zip Cixlc Husmess Phone u J 1 UCKySli FFKS: Off Sale $On Sale $Sundav $iTi:'*! j 7»C By signing this renewal application, applicant certines that there has been no change in ownership on the aimve named licensee. Foi changes in ownership, the licensee named above, or for new licensees, full ap|)Iications slioiihl he used. See hack of this application tor furtlur iiirormation needed to complete this renewal. .Afiplicant\ sij^iiaLnre on this rejieual coiifiriiis the foUirwing: Faihire jiMcprii t any of the hdhrwing wUI rcMJii^^ njus. 1. Licensee confirms it has no interest whatsoever, directly oi iiulncctly in any ollici I k|uui establtshmeiits m Minnesota. If so. give details on hack of this application. 2. Licensee confirms that it has never had a liquor license iejected by any C!t>7t'»wnship'c(Hinty in the Slate of Minnesoti. It cu*r rejected, please give details on the back of this renewal, then sign Indow. 3. Licensee confirms that for the past In • ycais it has not had a liquor license rcsoked for any lii|uor law violation (stale Cl local). If a leuK'alion has ixcuricd. please give details on the back of this renewal, then sign below. 4. Licensee conftims that dunng the past fne years it or its employees have not Iven cited for any civil or uiminal ii<|uor law viol.iiions If \iolalions have occuried. please gi\e details on back of thus renewal, llicn sign i eiow. 5. Licensee confirms that during the past license yeai. a summons has not been issued under the Liquor Liability Law (Dram .Shop) MS 3 R.) \ 802. If yes. ati iJi a copy of the summons, then sign below. 6 Licensee conlirins that Workers Compen.vation msuiance is in effect for the full licen.se jxniod I imiscc has attached a licpifir li.ihility insurance cn liticate that corresponds with the license period in cit> Voiinty where license is issued. SIOO,0(K) in cash or seeiirities ui $1()0,0U() surety hoiid may he suhiiiitteci in lieu of liquor liability. ^ . - // /5 Qn ‘Licensee Mgnaln ic _ /// ____________________________________Date /^ •'c^d ^ (Signature certifies at above inf ormation to be correct and license has been approved by city/county.) Cil' Cleik/Couniv Auditor Sicnaluie Dale (Signature certifies that lenewal of a liquor, wine or cluh license ha.s been approved by the city/county as staled above ) Counts .Aiioinev Signature D.ue County I3o.ird iss cd licenses only (Signature certifies licensee is eligible lor licenser rohee/Shenff Signaiiiie Dale (Signatiue ccnifies licensee or associates have not been cited dunng the past five years for anv suic/local liquor law violations (ciimmaLcivil). Report violations on back, then sign here. PS 90»23 9S j '■i Imlicutc lulow diiim;cs of cnr|Miriilc ofnrers. piirtiiers. Iioiiif addrcNNCs or Ulfiilioiu* Uilinljstj: Indicate bcloM anv Interest whatsoever. (UrccCly or >ndircctlv in other liquor fstal)lisht-»nls; fines or other pcnaJtics, liidmling Liquor Control Penalties^; yenrs. (I);ites. offenses. Krpm t heiow flctnils invnivin;; ;inv license rejectinns or rcvomlions; ‘<mntv (.'omments; state of Minnesota County of Hennepin City of Orono License No: Amount: 200b-01 $400.00 o o Liquor License •4 V'*club On Sale & Sunday Liquor ...j Upon investigation and satisfactory evidence of the qualification of the licensee, t; is license is granted and pursuant to application and payment of fee thereof, and is subject to all the provisions and conditions of the Lws of the United States, the laws of the State of Minnesota, the regulations and ordinances of the City of Orono. and the rules and regulations of the Liquor Control Commissioner, pertaining to such; and subjeci to revocation according to lav/ for violation thereof. This license is not transferable except by consent i the issuing .luthoi ity. Granted To: Business Name: Business Address; Commencing: Terminating: Business Description: Woodhill Country Club Inc Woodhill Country Club 200 Woodhill Road January 1,2005 December 31, 2005 Private Country Club Issued by authority of the City Council of the City of Orono, Minnesota on: November 22, 2004 Barbara A. Peterson, Mayor Attest: Linda S. Veo, City Clerk f-e ■■■ 2750 Kelley Paikway. P.O. Box 66, Crystal Bay. MN 55323 Phone: (952) 249-4600 / Fax: (952)249-4616/www.ci.orono.mn.us Minnesota Dep iiiincni of I*iiblic Safety Akoliul ami fJaintiting linrorccmcnt 414 Odi! Sncci. Sniie I Si Paul. MN SMOI -5131 foi-r)r)4>*;v9 • ri Y (>5i 2s:-fo.s.s . Pax 6si-:o7 5:50 KKNKWAI. OF U(.HOK. WIN! . OK C l.l'U MCKNSK A- -------- %/V-O V»* iitniNT uill f»c ap|ti(uec! *m irK*a'c4 uiiiil ihr i2n kciailcr ilJ ( .u<l (ci* is iricivt.l !•> MN I Cunliol J.irriisoc* Pirate verify ynur license inloimaiion coniainc4 Ih'Io.w Make collections if iiecesvai) aiul sicn. City CIviki'C’ouiay Auiliior slunilil sulnnii ilii » si* iiiil lencual with coinpK ietl Ikcnve ami Iicena ’c Iii|m>i liability fio the new license [H iioil P?ity i’leriv/f’ounty AucJitnr arc also re(|iiiml hv ,M.S. 340 \.404 S. 3 lo iTport any licen»^c eaiitell.ilioii. I i*uense Coile Mr* Cit>/County where license approved. ^ l^nr.rl’i 1 I T f‘' ‘ ‘I* P'* t* ’• I4r. nr!hil) PnMrf.'i# P^!4> r.lTuTl ‘Jr.r.Hhill pr To ro.i Otri v.Q! l.iccrisc IViioil L dinp___1 / ? ^ /* »‘^*«‘** _______ lacensee Name Tiaile Name I iceiiscd I (valion ailJicsS ( ity. Si ale. /ip (*n<le Piismess Phone I.ICI.NSP; I PKS: Olf Sale $ I*' On Sale $Suiidav S 3i?t -V2* lly sipnin;* this mieual appitcalioii, applicant certilies Ilia; then* has hmi no chain^c in ouitcr^bip on the alio\r iiaiiicti licensee. P'or clianues in oMiieisliip, the lii eiisee nanieil aho\e. or for ii« u liieiisees. full ap|diralioiis should he used. See hack of this •ipplicaliuii for fui llici liifoi ination needed to coiU|)lcte tliis l eiicuak Applicant *s simiatuie on this mu ual conriiiio the folloxHii;;: iniihiie to report aii> of the folloxtiu^ uil| lesiilt in fliie^. 1 I.Kcnsee conliinis il has no inleiest what'^mnei. diicclK »>! iiulnectl) in any oilici lu|mn cst.iblislimcht‘. in Minnesota, it so. pive tiel.iils on back tin. applii ati*m 2 I icciisee conriiius that it has nexei had a liipi»»i hecu^.- lejivted by any city/toxMisliipVtxnnly in the slate ol Minnesota It e\ei ri’jecleil. please eixe details on the baek ol this renexval. then sijpi Ivloxx. 3. laeeiisec conlmii^ (hat loi the past fixe xeais il hiis not h*i»l a lujiu*! h» eiise lexoked foi .lux lupioi law violation (stall or hkah If i leuxcalo a has iH.kuiied. please p\c detasU xxn the back »4 tins leiiexxal. then sien Ivloxx 4 I icensee contums that diinn;* the past lixc yeais it oi its employees have not Iven vile ! toi anx vivil oi criminil lu|iiot law xiol.ilu'iis It Molalioiis haxe »ki lined, please eixe icl..j|s on ba»>k o\ this leiiexxal. then Men Ivloxx y. I leensee coiiliim.s that durme the past liccn c‘ seat, a summons ha.s iu*l Iven issued und.r the I lipioi I lability 14IXV (Diain Shopi MS .t Ml \ M ’ It yes. .iti.uh a cops t»f the summons, then sieii below. 6 I icciisee coiiliims tli.il Woikeis 1 ompens.imm msuiance is in ellei 1 loi the lull license jviuhI I tcciisee lias attached a liipii*^^ Italnlity itisnrance certilic.ite that corresponds xxiili the license period in city/eonnlx xxlicic lit I’ll e is issued. >IOO.oOO in cash or sccnrilies or $10(UHH) surety Iioiid ni.iy he siihiiiilletl in lit 11 of liipioc liahilitx. I iceiisee Su’iuiuic a A tSi^n.iUiie icitilies .ill .ibo\e inlonn.iiioii to Iv collect and Ikciise has tven appiovnl by ciiy/coiinly > i*ilx Cleik/C oiinlx .Aiidilo: Sieiiatme Ikite (.Sienatuie iciidics th.il icncw.il ol a liquor, wine or club iKcnse has bciii appuxxed by the iiiy/i*>unt> as stated aKsxe I « oiintx Aiioiiiex Sten.iiuie Pate C» unt> Hi>.ud i>Mietl lu cases only (Sign.itiiie cenitics licensee is eligible tor licen.sc) Pi>lice/Mienll SiiMi.iluie ___i')ate tSignaiuu' ceitilu s licensee or assiKiatcs have not neen cited duiing the past five years fx^r any suie.lival lK|ux»r law violations (i iiiiuiial 11\il) ke(HMt violations on hack, then Mgn heie PS OS ;> partncrSf home acldiTSscs or telrphonc nnmhers; • \I. Tnclic:itc*J>eloM ;iny interest whatsoeve r, clireiijy pnniLirvt Ko|>or< tH ‘lp\v clet niN QC.n<p»Qr hnv vinluticuis (civil «*r cTimiiial) that hnvc* occiim-cl williin flu* lasl fl'i* u*iirs. iD.ilfs, offi'iiscs, tines or_oflicr penal l i ev, i net luj] n» Li<|nor C^mt rol_IV n a 11 i esj; Keporf I)i*ln\v clefail'i invoh in;; any ije»*iisi‘ rejeefions nr rt*%ncaiH ril}/rminf}^roinir.» iifs: State of Minnesota County of Hennepin City of Orono License No: Amount: 2005-02 $150.00 ?o o Liquor License p I •• v'.K Off Sale Liquor ......1 Upon invcslignlion and satisfactory ovidonce of the qualification of ttie licenh-jo, this license is granted and pursuant to application and payment of feo thereof, and is subject to all the provisions and conditions of iho laws of the United States, the laws of the State of Minnesota, the regulations and ordinances of tlio City of Orono, and the rules and regulations of the Liquor Control Commissioner, pertaining to such, and subject to revocation according to Uiw for violation thereof. This license is not transferable except by consent ol the issuing authority. Granted To: Business Name: Business Address: Commencing: Terminating: Business Description: Navarre Liquors Inc. Navarro Liquors 3‘121 Sliordine Drive January 1.2005 December 31. 2005 Off Sale Liquor Store Issued by authority ol the City Council of the City of Orono, Minnesota on; November 22. 2004 Barbara A. Peterson, Mayor Attest: Linda S. Voe. City Clerk ."I • «■: • .V J \ : ». » •* I 2750 Kelloy Pjrkwjy, P.O. Box 66. Crystal Bay. MN 55323 Pho*M»: (052) 249 4600 / Fax'. (052)249-1 .16/www.ci.orooo.mn us .V i Minnesota I3eparfmcnt of l^iihlic Safety AU'oliol ;in(l (>:iiiililin<4 I nriirrcnuiit 444 (!c«l.ir .Stii;ci. Suite 133 St Paul. MN 55IOI-‘)!33 651'J% 6979 ‘Try 65I-2S2 6.S33 • Fax 651-297.5259 \*v ’'■■■* r RPNKWAL OI LIOIJOK. WINi:, OU CLOB I.ICKNSi: No license will be appiovcd (ii rriciiscd uril:l the S20 Rciailff ID Caid fee is rccco ed b> Mr'i I-Ujiioi ConUo! r.icrnsec; Please veiify your license information contained iK'bivv Make coiiectnins it ric\es<ary and sign. City ClerL'Coiinty Auditor slu'uld submit this signed ie:ie\sal with coinjdeteJ license and licensee !uim;i liability fui the new license pcrnHl f 'ily Clei ?v/Coijiily Auditor are also by M.S. 340A.4t>4 S. 3 to report any license cancellation. I icense Code Liceiisc Peiiod Hndine r*/*^ ^ /.r’Ci 's ‘" V r ID^ r- /. i CityA oiinty where license approved Ucensee Name Trade Name Licensed La nation addicss City. Slate. Zip Cixle Business Plu>nc UCLNSJ^ KO^S Off Sale S ^Mp^ rd'iOK'f*/ ■* * •' T' •• .'n*n r ;-»v» *• • -i'- -r.P 1?»0 . . 1 7 On Sale $Sundnv S By siunin;t this renewal application, applicniit certifies that time has been no cliange in ownership on the abuse iiained licensee. 1 or changes in owner.ship, the licensee named abo\e. or for new licensees, full applications should be used. See back of this applieation for further information needed to complete Ibis renewal. \pplieaiif*s sigiiahire on Ibis reiiew.il coiifirms the folJi;wJi*;,. l aJbirejLrPd^'dLitiiv pril|i^.fo!)|\ving >yill result in.fiijv^. 1. I iccnsee iiadmns it has no mleicsl wha!<(H!\er. dircclb <»i indiieclly m any other linuor establishments in Minnesota. If .so. give details on back of this apphcatio 2. I iceiisce confirms that it has never had a lujiioi license m •ctetl hy any cit\/townsh?p/coiinty in the state of Mjiiru sota If evei re,ected. please gi\e del.uls on the back of this icnewal. then sign Ik Iow. Licensee conliinis that for ilie past fi\e years it has not had a ht|uoi hccnse levoked for any h.juor law \iolaiion (slate or local i. If a rcsivation has fvcuried. please give iletails on the back of this lenewal. ilien sign below. I IV ense contirins that vliiiine the past live years it or its employees have not been ciletl fvir an> civil or ciiminal liipuM law vu laiiuns. If viol.iuvms base occunwl. please give de» ids on luck of this lenewal. then sign l>elo\v I < ensee cvMiliiins that iluniig the past license >eai, a summons lias not l>cen issiievi iiniii’i the Lkjuoi Liability Law (I Mam Shopi MS > in A *SU.! If yes. aitiich .» cop> of the .summons, then sign Iht Iow l.iLciisee conrnins that Workeis (Annpensaliun insiitance is m effect foi the full licen.se period. Licensee has ailaehed a liipitn liability insurance cei tifieale that corresponds with the license period in eitv/coiiiily where license is i.ssiied. SlUU.UOU in lasli or seiuiiliyx<»i SIOO.UUO suieh bond may be .submitted in Ueu of liquor liabilil). c Licensee Signaiuie D.ile VO (Signatiifc ccfiifics idl abo\e mioimaiioii to Iv iVnect and has l>een appnncd by cily/county.» (’ity Clerk/Counly Audimr .Signature Pate (Signaluie ccriifies that icnewal of a liquor, wine or club lucnse has been approved by the city/county as stated above ) rounlv Attoinev SiciMtuie Pate ( onniy Board issued licenses v>nly (Signature ceilifies licensee is eligible tor license). Pohce/Sheiiff Sienatuie I3alc (Signature ceiiifies licensee or associates have not been cited during the past five years for any statc/kxal liquor law violations (criminal/ci\il I Reptui violatit>ns on luck, then sign here.PS ooo.vos j rt|an)»rs of coi porafe orfictTS. parincrs. home addresses or tvIcphODC jmiflbcj:si \v) Ao Indlcatc beiow anv interest hatsorven directly or indirectly in other liquor cstat)lisliments: __________________________________________________________________________________ \\y Violations (civil or criminah that have occtirrcd uilhin tiie lav! jl\c yr ars, (Dates, of lenses. fines or oHit r penalties, including Liquor i!oniroLtciia!J!£sl; Vo Ut p<ir( (iHails involving any limiM* rt*jeclion<* or re\orations: rj(y/( otinty ( ominrnts; mnaam k: A RESOI.UTION APPROVING HIK MINNESOTA LAWFUL GAMBLING APPLICATION FOR EXEMPT PEKMl I OF THE ORONO ELEMENTARY PTO FOR A ONE DAY GAMBLING PERMH WIIF.REAS, the Orono nicmcntary P I O has .submitted an application to conduct lawful gambling activities; and WHEREAS, the Orono Elementary PTO has proposed to conduct a one day gambling activity (raffle) as part of its aiuuial Mid-Winter Fun Fest at the Orono Middle School on February 5,2005; ami WHEREAS, the Orono Elementary PTO is required to obtain aiiproxal of the one d ay gambling activity from the city in which the activity wilt occur; and WHEREAS, the CityofOrono has no objection to the comiuct of lawful gambling by the applicant, in accordance with law, at the designated location. NOW, THEREFORE, BE I T RESOLVED, that the Orono City Council does hereby approve the application of the Orono Elementary PTO to conduct a one day gambling activity (raffle) at the Orono Middle School on February' 5, 2005. Adopted at a regular meeting of the Orono City Council this 22nd day of November, 2004. ATTEST:Barbara A. Peterson. xV’avor Linda S. Vee. City Clerk Pane 1 of 1 otosomofUiDoc I Minnesota Lawful Gambling LG220 Application for Exempt Permit Fee S50 Pane 1 of 2 (wob) 17/03 or Board Use Only Organization Information Fee Pa d No. ^ Cit OrginizationritniH ^..Dot.o. &3M -.VXb^ Nofno of chief cj^fjcutive officer fCHO) Ftisiname ^ JUl\i______ Previous -a.vf jl qa-* uNfvj nut^ber .ir.3CMiXrMrm\. Imo ;ounty Lost nan\e Vvcam Daytime phone number of CEO •4fc<V 41-9-fo-iOO Name of treaourer Last f>ame lev-, Day’ime phorc nuir.ber o' Type of Nonprofit Organization Check the box tliat bc-a UGSCnoei your organization [31 Fraternal [_. 1 l^el'rjious p I Veteran ^ Omei nonprofit orgniv'ction Check the bi-x that indicates the type of proof your organization attached to this application. <5 letter indicating income tax exempt status L 1 Ceitificate of Good Standing from the Minnesota "lee etary of State s Office (*tl A chaitei showing veu arc in affiliate oi a parent nonprofit orgnm/ation f“l Proof previou sly submitted and on (ite with the Gambling C' ntrol Board Gambling Promises InfurmationvjGniniincj nrc;iMir>uj - ■ —■■ir— Njmc at p.rli isca w'lr^ic gamMlmu aclivity wii' be concvcuro ■ to. r.viics i-.l t-ie site v.horo the ai.iw.n.j w;': 1..^ o'aco) 0\x>i\,r2__\T^^ ___ __ AJJfOSS (do t^o• uso PO11)> t Ci!y Cvt'lio St3le ’ZipCodt? - 7C / Courty m'fiu'uy 'UXf._____________________—..... jTlhe boi o7 boxes that indicate the type ol gambling activity your organization will be conducting !"■] ‘Uir jo ^ RafI'os(c.ash prizes may ncl exceed SI7 OOCi [~] ‘Paddiewheels Q] Full lac^ [~] T pboaid. . ...................i.x.i# fzAr f finho.irds. oaddlewfiools .ifuJ bin Cl •OaiT.blmg ocunTnonl for pull t.ibs. tipboards. paddlewticcis .iiid bingo (b.ngo paper, hard cards, and b.mjo ball sole;Hon devu e) must be obtaiiiciJ Iroin .i di-Urilnitnr liconuod by the G,imbling Control Board. To find licensed distrib.itor. go to www.cjcb state nm us and click on List of Licensed Distributors. Or call 651 ■639-40C0. Vk.c f X II l‘;.~ -rvlp a.I-ible 'C .vtcrna’ivc Your name and and yo.ir c. J.an.z.i!:on s name the ic ->v eg Board mem.t,ies sta . cM e • n I, nc Diint I'laiilc upor. request and add. ss wiH Ue p..u!.c mlomia-.cm «vfe.« Board .vhoio «.-rx assijn,^:,! reciu.resin.u forrr. .. [t . g P * . . _ .l,, . „ ; i riicrvedbytheB '^fd Alh.heother .n»c nu*jcn mey ^.^ve access to n ermason tro ho tn nmia ion requt nr .h hv thp Gambiinq thalyjupfoviucw I Uo private d*qa at jol you V.rnc -a Oopa lmo Tl ot Puc! c Safety“d w ,drrd^t*™.rTo« told »dd.d ,0..., dm,. w,.d Ihd t/,™...■»»., IKt.ontrol Ui tfd (IJoatl) Uou'dissuesvciirr rmit.alloU'ienitoiniaticr. Comieiss.onefs ol AJnur-.isl'Jton hma-ce qualiKations to be involved in-awful garU' g «od ^Po.ud ,n the and I.even.e the V.nnesoia Leqisiafveg.a.rf;ca,,oi,stobei^olve^^ - ' ^egisiahve .-taivit-rs .n Minnesota Jc' ^av . he gl ^0 i a. ^ ^ ^ ^ ^ ,^,e-nohon3l gamol.ng reluse to supp y le in 11 1 ____m.hi.r ir m.. Hoar: does not issue you a reai.iatorvagencies anyone pu'su.i''t to court per.n? If you'supply the info.rnal.on yourorgan.zatronsran-. -hdaddiesSv.hicn and acerces 'or wc.ch law «-3a' over pennii ii yo ® *a« vtr*!! remain cuWic auinoi ;:es anew use Cf shanng of nfonn^lron rogue sted. Ihc 03f wi. ea o c private data about you I'O available only to ih<. Noli. - was gven and anyone with yourappliuitton yujrc<,nseri lUrfB I LG220 Application for Exempt Pg™' ^ Oraanizaljon Nan>c ________1/iJ^ lA-z—uuIJ ^ Page 2 of 2 12/03 Organizaljon Local Unit of fpovernment Acknowlodgmont f tho gjiTil)ling promise's i'l within city limits, tho city must sign this application. On behalf of the city, I acknowledge this application Check tho action that tho city is taking on tiiis application. If tho gaiitbling premises is located in a township, belli tho county and townsi lip must sign this appliGStion.____ On behr.lf of tiie county, I acknov»ledge this uppl.cation. Cheek tho .action tliat tho Ciiunly is tiikiny on this application. Q The city approves llie application with ro waiting period The city approves tho application v/ith a 30 day waiting period. •»''d allows the Board to issue a permit after 30 days (60 days for a first class city) j~~| Tt.e city denies the application. Pfinl name of c»t> (SignalufC of city personnel receiving application) Title Dale Q The county approves the application with no waiting pencu. The county approves the applical on with a 30 dav waiting period, and allcwb the Board to issue a permit after 30 days. The couf^ty den'es the application Print name of rouniy (Signatuie of county personnel receivinQ application) Title Date TOWNSHIP: On behalf of the town h.p, I arUncwledgf? that ttio organization is rnpplymg for e'KCtnptcd gambling activity within tho townrihip limits lA township has no statutory authority to api'fovc or deny »n application (Mii^nesota Statute 349 213, ^^"bd 2) ] Print name of township (Signature of township offma' acknowUrdgmy application) Title file 'S complete and accurate to the best o» my kncv. ecige Chief executive officer' signature __ , l.iif ^ I Date _/J}_! I ^ ^Name (please print)__xJ.l/jLS,__y---------------------------------------------- -------- Mail Application and Attachments At Ic tbl 45 days prior to your scheduled activity date send. • ih^ completed appiicali; h • a copy of your proof of n.rnprofil status, and ^ • a $')0 application fee (make check payable to "State of Minnesota ). Application *ees a^o net prorated, retund.^nle. or transferable Send to:Gambling Control Board 1711 Wosl County Road B, Suite 300 South RoscyIIIo. MN 55113 __________ If your application has not ber^n acknowledged by the loi .il unit of qov< i iment or has been der i.ed. do net send the appl«calon to the Gambling Control Board. 1 -J Date Received $10.00 Fee elf 5 e^: rHSz'2- City of Orono Application for Gambling Activity Type of Permit Type of Gambling Activity □ Promises Renewal □ Bingo Effective Dates:.□ Paddlewlieels □ pill-labs pf One-Day Lawful Gambling E.xcmpt Vf Rafl.c f Effective L.ite:□ 'I'lpboards i..U AOri>ani/ation: _ -—*«----- Address: J(^Ukl p:LC Phone: '-^‘^'1- VA'aM \ AppHciint:___----------------------------------------------——^ ^ j-rr;," AlTiliution wi11v Oii/ation: il!LULLl-£^.t,.-Lhc^rl^^ . \hLL.-!L Address: Ct 1U. U1 li. _________________ Phone: '~,Py ?. *^1 *V ^ ') * 110 ----------------------------------------------------------- •rY C KstablislimeiU VVlicrc Gamblin}* will be Conducted: L'(CA4' \\ U 6 -.'t llC^A. Address: *^i^00 0Vl\ k.'s \)/'A (L\ N'^tUi peL----------------------------------------------------- Properly Owner:______i________________________________________________ Gambling Manager: Phone: (fllM)(iniJilIr)(las:) Nanic/Dcscriplioa of Uvcnl: , Q lxAL(i-^VlV/V I \ i L ^lUMV['?~7CC<r< -Day(s) of Operatioiv _, 1 lours of Operation:__XI Required Submit tats: □ Copy of permit application from the Minnesota St.itc Gambling: Control Board □ Sketch plan of area being IcasL d for gambling activity The Orono Chief of Police shall liavc 30 days in which to investigate amt make a recommendation. The nndersipned applicaiu hereby ai'fees to the conditions quoted in Section 38-31 of the Orono Municipal Code and any additional requirenicnis the City staff may bjiyt^ ^ Signaiure of applicant:Dale:. 2750 K !cy Parkway, F.O. box 63, Crystal '3ay, MN S5323 Phone: 952-249-4600 / Pax: 952-249-4016 / www.ci.orono.mn.us ii «j r-ri % m CITY OF ORONO check register 11/09/04 3:52 PM Page 2 Check Pay Check Check Number Employee Name Period Amount Date Check Statue 003838 DbBAERE. DONALD L 23 $1.563 09 11/10/2004 Outstanding 003839 HANSEN. STEVEN 23 $775.00 11/10/2004 OuUtanding 003840 OBERAIONER, SCOTT G.23 $1,056.30 11/10/2004 Outstanding 003841 OBRIEN. RANDY L.23 $550.00 1VI0/2004 Outstanding 003842 PALMER. GREGORY A.23 $350 00 11/10/2004 Outstanding 003043 RATHBUN. BARRY J.23 $200 00 $63,194.26 11/10/2004 Outstanding K- HI t jmn CITY OF ORONO 11/10/04 7:17 AM Page l Check Detail Register© NOVEMBER 2004 Check Amt Invoice Comment 10100 P*’imery Cash PaM Cnk# 079694 11/10/2004 FIRST NATIONAL BANK OF LAKES 0101-21701 Federal Withholding $9,294.41 0101-21703 FICA Tax Withholding $4,599.72 0 101-21703 FICA Tax Withholding $4.599 72 FEDERAL W/H FICA & MEDICARE W/H FICA & MEDCR CITY SHARE Total RRST NATIONAL BANK OF LAKES $18.493 85 ■paid'^w'OTW Vi/V6/2d64'lCMAlRifiRE^ TRlJsf^ST O 101-21705 Other Retirement >951 62 Tout ICMA RETIREMENT TRUST - 457 $951.62 >ild ChWT)7W'‘”'n/”l0«604 LAW E^^^ G101-21707 Union Dues ______>0 00 ToUl LAW ENFORCMENT LABOR SERVICE Paid Chki 079657 ' 11/id«6d4 MN DEPT OF REVENUE * *" DEFERRED COMP-302030 UNION DUES »40&«168 $0.00 0 101-21702 State Withholding ToUl MN DEPT OF REVENUE $3.878 05 STATE T/LX W/H $3.878 05 Paid ChW 079658 Tl71l 6/2004 m'n'sT/VTE RETIREMENT SYSTEM 0101-21718 Post Emptoyment Health $297 38 ToUl MN STATE RETIREMENT SYSTEM $297.38 l'l/1072664"'NATl6NWi6ER^EfrRS^^PaldChk# 079659 O 101 -21705 Other Retirement G 101 -2170S Other Retirement Totol NATIONWIDE RETIREMENT SOLUTION $1.902 00 $34 88 $1.936 88 PeidChK# 079660 11/10/2004 ORCHARD TRUST CO. TRUSTEE/CUST 0 101-21705 Other Retirement $3,312 68 Total ORCHARJ TRUST CO. TRUSTEE/CUST $3,312 68 >aid“Chlci 079661 * * find/2064**' W EMPLOYEES RETIREMENT^ G 101-21704 PERA $6,915.49 0 101-21704 PERA $5 389 58 ToUl PUBLIC EMPLOYEES RETIREMENT $12.305 07 Paid C’hk# 079662 11/1 0/2004^ UNffEO’^WAY‘ ^ ^ 0 101-21708 United Way $70 00 ToUl UNITED WAY 10100 Primary Caih $70.00 $41,245 53 Fund Summary 101 GENERAL FUND 10100 Primary Cash $41.24553 $41.24553 post retirement USCM - ENTITY 2339 OBRA #2343 MN STATE RETIRFMEN. PERA CITY SHARE PERA EMPLOYEE W/H CHARITY DONATIONS li CITY OF ORONO 11/19/04 10 49 AM Page 1 Check Detail Register® NOVEMBER 2004 Check Amt Invoice Comment 10100 Primary Cash Paid Chk# 079663 * 11/1572004 cflY OF ORONO PEm G 613-10300 Change Fund ToUl CITY OF ORONO PETTY CASH-GOLF $100.00 change fund/season golf $100 00 Paid Chk# 679664'*''l 1 /22/26b4 * 30 SPECIALTIES INC.' . 4. «« £ 101-43000-240 Small Tools and Minor Equip Total 3D SPECIALTIES INC. $14821 417471 JACKET/OBRIEN $148.21 Paid Chk# 079665 11/22/2004 A-1 RENTAL E 101-41900-404 Repairs/Maint-Bldgs/Grounds ToUl A-1 RENTAL $40.47 102904 SCAFFOLD $40 47 Paid Chk# 079666 11/22/2004 A.T.O.M. E 101-42110-437 Training & Development Total A.T.O.M. $300 00 1552099 Ethics of Mgmnt-Farniok $300.00 Paid Chk# 679667 * Vi/22‘/2664“’ ACCLAIM^BEN^^^ E 101-41900-489 Other Miscellaneous Charges E 101-41900-489 Other Miscellaneous Charges Total ACCLAIM BENEFITS $71.00 346529 $100 00 346530 COBRA Adm -10.7004 FAS Adm - 10/2004 $171.00 Paid Chk# 079668 1 ?2/2004 ACCURINT E 101-42110-311 Data Processing Communication Total ACCURINT $30.00 20041031 DATA BASE ACCESS $30 00 Paid Chk# 079669 11727004 ARAMARK REFRESHMENT SERVICES £ 101-41900-201 Office supplies $7.75 6013-431772 E 101-42110-201 Office supplies $116 51 6013-431773 E 101-41900-201 Office supplies ____$169 95 6013-431774 Total ARAMARK REFRESHMENT SERVICES coffee coffee coffee $294.21 Paid'Chk# 079670* i“l72/2604 BFrdF'MINNESOTAriNC E 101-45200-404 Repairs/Maint-Bldgs/Grounds E 101-45200-404 Repairs/Maint Bldgs/Grounds E 101-41900-404 Repairs/Maint Oldgs/Grounds E 613 49830-404 Repairs/Maint-Bldgs/Grounds E 101-42260-404 Repairs/Maint-Bldgs/Grounds ToUl BFI OF MINNESOTA^ INC $90 39 1307115 $75 49 1307214 $285 68 1307420 $82 94 1307461 $56.18 1347632 SOLID WASTE 10/04 SOLID WASTE 10/04 SOLID WASTE 10/04 SOLID WASTE 10/04 SOLID WASTE 10/04 $59068 'Paid ChklT'bf^7i'*TT«2/2064 ‘ BIFFS INC.>.«•«« — A. E 101 45200415 Other Equipment Rentals E 101-45200-415 Other Equipment Rentals E 10145200-415 Other Equipment Rentals E 61349830-415 Other Equipment Rentals E 10145200-415 Other Equipment Rentals E 101 45200 415 Other Equipment Rentals ToUl BIFFS INC. $19491 W239634 $124 82 W239635 $124.82 W239636 $62.41 W239637 $6241 W239638 $212.91 W239639 TOILET RENTAL TOILET RENTAL TOILET RENTAL TOILET RENTAUGC TOILET RENTAL $762.28 Paid Chk#*079672 "* Tl722/266r"BUDGET P^^^ E 101 42110-322 Postage Total BUDGET PRINTING $9 22 1673 $9.22 ' UPS Paid'Uhky'o/SwVT lt/22/2004 C/WLSON IWiCtOR aTEQUlP C E 101-43000-222 Vehicle Equipment 4 Patls $109 55 C04099 Insul Panel ToUl CARLSON TRACTOR ft EQUIP CO.$109 55 CITY OF ORONO *Check Detail Register© 11/19/04 10 49 AM Page 2 NOVEMBER 2004 Check Amt Invoice Comment Paid C^K# 079674 11/22/2004 CECE'S SIGNS E 101 •43000-224 Street Maint Materials/Supply E 101-43000-222 Vehicle Equipment & Parts Tout CECE'S SIGNS $266 25 1938 $8325 1964 reflective graphics for signs vehicle graphics #708 134950 Paid Chk# 070675 11/22/2004 CHUNKS LAKESHORE AUTO E 101-42110-402Repairs/Meint-Auto Equip $26553 26097 Overdrive Switch -198 E 101-42110-4C2 Repairs/Maint-Auto Equip $3299 26105 Oil Change -# 193 E 101-42110-402Repain/Maint-Auto Equip $3299 26138 Oil Change - # 196 E 101-42110-402Repairs/Maint-Auto Equip $3299 26143 Oil Change-#194 E 101-42110-402Repairs/Maint-Auto Equip $32.99 261^-6 Oil Change • # 200 E 101-42110-402Repairs/Maint-Auto Equip $32.99 26157 Oil Change • # 19/ E 101-42110 402 Repairs/Maint-Auto Equip $89 94 26160 OiL Tires #201 E 101-42110-402Repairs/Mamt-Auto Equip $644 47 26161 Battery. Brakes Oi». #195 E 101-42110-402Repairs/Maint-Auto Equip $203 43 26167 Oil. Battery #199 E 101-42110-402Repairs/Maint-Auto Equip $13 50 26185 Tire Repair #201 E 101-42110 402 Repairs/Maint-Auto Equip $39 49 26187 Fuse. Holder #197 E 101-42110-402Repairs/Maint-Auto Equip $36 00 26194 Diagnostics #193 E 231-45650-402 Repairs/Maint-Auto Equip $137.50 26209 Oil. Tires #202 Tout CHUNKS LAKESHORE AUTO $1 594 86 Paid Chk# 079676 11/22/2004 CORNICK, JAMES E 101-42110-331 Travel Expenses E 101-42110-437 Training & Development E 101-42110-437 Training & Development E 101-42110-212 Motor Fuels & Lubricants Total CORNICK. JAMES $172 06 $174.00 $65.83 $10360 10/28/04 10/28/04 10/28/04 10/28/04 Background Check Lodging • MNSCIA Conf Meals - Training Gas - Background Check $51549 l&aid Ciiki‘d7M7"7 11/22/2004 CRETEX CONCRETE PRODUCTS N $225 15 217964G 651-16500 Fixed Asset-Const in progress Total CRETEX CONCRETE PRODUCTS N Norther Ave Drainage $225 15 11/22/2004 CROW RIVER SUSPENSIOTTSALIGN E 101-42400-402 Repairs/Maint-Aulo Equip Chk# 079678 $108 26 5694 AKgni211 Total CROW RIVER SUSPENSION & ALIGN $108 26 Paid Chk# 079679 11/22/2004 OCA-WIRE ONLY G 101-21719 DCA/Spending Accounts ToUl DCA-WIRE ONLY $1.522 04 11/16W FSA Accounts-11/16X)4 $1,522.04 Paid Chk# 079680 11/22/2004 DELL E 101-41900-201 Office supplies E 101-42110 201 Office suppnes $2668 $26 68 B80346533 B80346533 PATCH CABLE PATCH CABLE ToUl DELL $53 36 >aid Chk# 079681 11/22/2004 DELTA DENTAL G 101-15998 Non-Employee Health Ins O 101-21709 Dental Insurance ToUl DELTA DENTAL $56 70 $1,486 50 3584328 3584328 Dental Premiums - 12/2004 DenUl Premiums - 12/2004 $1,543 20 Paid Chk# 079682 11/22/2004 DEMBOUSKl. JAY E 101-42110-437 Training & Development Total DEMBOUSKL JAY $3327 102604 MEALS FOR SCHOOL $33 27 Paid^'Chki 079683 11/22/2004 DEX MEDIQ EAST LLC E 613-49830-340 General Advertising 1306 30 23213307000 directory advertisement CITY OF ORONO Check Detail Register© 11/19/04 10:49 AM Page 3 NOVEMBER 2004 Check Amt Invoice Comment Paid Chk# 079684 Total DEX MEDIO EAST LLC i 1/22/2004"* E.2 RECYCLING......... $306.30 E 101-43270-316 Contract Recycling Pickup Total E-Z RECYCLING $6.518 20 7334 $6.51820 Recycling 11/2004 'Paid"ChMr6^79685"~ ■ EGAlTMCkAYE^^^^ E 101-43000-406 Contracted Street Maint. $217,50 JC3016175 ToUl EGAN MCKAY ELECTRICAL CONTRCTR $217 50 Paid'Chki 079686 11/22/2004 ERICKSON. KURT E 101-42110-437 Training & Development E 101-42110-212 Motor Fuels & Lubricants ToUl ERICKSON. KURT $13.00 11/10/04 $20.00 11/10/04 stop iite repair 1286 Henn Chiefs Meeting Gas for Squad Paid Chk# 079687 11/22/2004 ESS BROTHERS & SONS E 602-49450-443 RepalrsA^aint-l&l Reduction Tout ESS BROTHERS & SONS $3300 $798 75 GG5735 SEALS F/SWR $798.75 Paid Chk# 079688 11/22/2004 EXCELSIOR FIRE DISTRICT E 101-42260-201 Office supplies E 101-42260-401 Repairs/Maint-Offtce Equip E 101-42260-240 Small Tools and Minor Equip E 101-42260-437 Training & Development E 101-42260-201 Office supplies E 101-42260-221 Equipment Parts & Accessories E 101-42260-226 Clothing & personal equipment E 101-42260-240 Small Tools and Minor Equip E 101-42260-441 Licenses & Taxes E 101 -42260-221 Equipment Parts & Accessories E 101-42260-223 Bldg/Grounds Ma nt. Supplies E 101-42260-240 Small Tools and Minor Equip E 101 -42260-221 Equipment Parts & Accessories E 101-42260-221 Equipment Parts & Accessories E 101-42260-441 Licenses & Taxes E 101-42260-240 Small Tools and M«nor Equip E 101-42110-221 Equipment Parts & Accessories E 101-42260-226 Clothing & personal equipment E 101-42260-223 Bldg/Grounds Maint. Supplies E 101 -42260-212 Motor Fuels & Lubricants E 101-42260-223 Bldg/Grounds Maint. Supplies E 425-48945-221 Equipment Parts & Accessories E 425-48945-560 Furniture and Fixtures E 425-48945-550 Automotive Equipment E 425-48945-580 Other Equipment E 425-48945-240 Small Tools and Minor Equip E 425-48945-240 Small Tools and Minor Equip E 101-42260-273 Bldg/Grounds Maint Supplies E 425-48945-222 Vehicle Equipment & Parts ToUl EXCELSIOR FIRE DISTRICT PairChk3r079669’ i i'/22/5604 ”exFrE8 E 101-41900-322 Postage ToUl EXPRESS MESSENGER $2/7.64 6/3/2004 Wrench. Toots. Bell $991 33 6/3/2004 Install Phone Service $923 17 6/3/2004 Cabinet. Mops $912.00 6/3/2004 FF1 Class $51729 6/3/2004 Office Supplies $428.95 6/3/2004 Foam $425 00 6/3/2004 Boots $360 04 6/3/2004 Nozzles/Squeege $350.00 .6/3/2004 FF1 Cert - MN Fire Cert Board $142496/3/2004 Coupling $29601 6/3/2004 Supplies, Connecter. Brackets $231.26 6/3/2004 Pike Poles $34.97 6/3/2004 Iron Sling $47.69 6/3/2004 Pipes $60 00 6^/2004 NREMT Exams $106 40 6/3/2004 Vaccuum $268.18 6/3/2004 Rope. Bag $251 12 6/3/2004 Tee Shirts $12326 6/3/2004 Tape. Pwr Stfip Kitchen Suppli $196 58 6^/2004 Fuel - Feb.Mar 2004 $339 41 6/3/2004 Dispenser. Bags. Fasteners $220.00 6/3/2004 Brackets $1,239 14 6/3/2004 Workbench. Shelving $8,683 00 6/3/2004 Nozzles & Valves $824 14 6^/2004 tnsUII Radios $96572 6/3/2004 Appliances $340 77 6/3/2004 Office Chairs $160 80 6/3/2004 Hose, Adapters. Cap $197 03 6/3.^2004 Map Box $19.913 39 $51.46i 8-338957 denvery-Dahlgreen/Shardiow $51 48 Paid Chk# 079690 11/22/2004 G S K SERVICES CITY OF ORONO *Check Detail Register© 11/19/04 10 49 AM Page 4 NOVEMBER 2004 Check Amt Invoice Comment E 101-43000-226 E 101-43000-404 E 601-49400-226 E 613-49630-226 E 101-43000-226 E 602-49450-226 E 601-49400-226 E 602-49450-226 E 613-49830-226 E 101-43000-226 E 601-49400-226 E 601-49400-226 E 101-43000-221 E 101-43000-226 E 602-49450-226 E 613-49830-226 E 601-49400-226 E 602-49450-226 E 613-49830-226 E 101-43000-226 E 613-49830-226 E 602-49450-226 E 613-49830-226 E 101-43000-226 E 601-49400-226 E 101-43000-221 E 602-49450-226 Clothing & personal equipment Repairs/Maint-Bldgs/Grounds Clothing & personal equipment Clothing A personal equipment Clothing & personal equipment Clothing A personal equipment Clothing A personal equipment Clothing A personal equipment Clothing A personal equipment Clothing A personal equipment Clothing A personal equipment Clothing A personal equipment Equipment Parts A Accessories Clothing A personal equipment Clothing A personal equipment Clothing A personal equipment Clothing A personal equipment Clothing A personal equipment Clothing A personal equipment Clothing A personal equipment Clothing A personal equipment Clothing A personal equipment Clothing A personal equipment Clothing A personal equipment Clothing A personal equipment Equipment Parts A Accessories Clothing A personal equipment Total GAKSERVICES r Paid Chk« 079691 11/22/2004 G L CONTRACTING G 602-16500 Fixed Asset-Const, in progress Q 602-20600 Contracts Payable Total G L CONTRACTING Paid'Chk# 079692 11/22/20C4 GENUINE PARTS CO. E 101-43000-222 E 101 43000-222 E 101-43000-222 E 101-43000-221 E 101-43000-224 E 613-49830-221 E 613-49830-221 E 101-43000-221 E 101-43000-222 E 101-43000-221 Vehicle Equipment A Parts Vehicle Equipment A Parts Vehicle Equipment A Parts Equipment Parts A Accessories Street Maint Materials/Supply Equipment Parts A Accessories Equipment Parts A Accessories Equipment Parts A Accessories Vehicle Equipment A Parts Equipment Parts A Accessorres Total GENUINE PARTS CO. Paid'Chki 079693 11/22/2004 GERRINO’S CAR WASH E 101 -42110-402 Repairs/Maint-Auto Equip Total GFRRING S CAR WASH $187 15 402051 ‘Kw Chki‘'0796w' " 'golf car midwest E 613-49830-379 Insurance Deductibles Total GOLF CAR MIDWEST Wici’CWii *07969^*” Tl/2i/2664'* HENWEPIN COU¥t^^ TECH DPT $80 50 UNIFORMS $9896 UNIFORMS $1341 UNIFORMS $602 1006245959 Uniforms $72.18 1006245959 Uniforms $36.06 1006245959 Uniforms $12.02 1006245959 Uniforms $36 06 1006258867 Uniforms $602 1006258867 Uniforms $72 18 1006258867 Uniforms $12.02 1006258B67 Uniforms $1260 1006265384 Uniforms $5760 1006265384 Shop Towels $7561 1006265384 Uniforms $37.80 1006265384 Uniforms $6 02 1006265384 Uniforms $12.06 1006271826 uniforms $36 18 1006271826 uniforms $6 02 1006271826 uniforms $7238 1006271826 uniforms $6.02 1006278239 UNIFORMS $4023 1006278239 UNIFORMS $6 02 1006291209 uniforms $7805 1006291209 uniforms $13.00 1006291209 uniforms $58.10 1006291209 uniforms $3900 1006291209 uniforms $1,002.12 - • •—-•.., .......... . $24.750 80 RFP#1 RFP #1 Garden Lane Swr Ext ($1.237 55) RFP#1 RFP #1 Garden Lane Swr Ext $23,51333 $44 61 806893 Oil Filter $3 93 806960 Castrol $164 11 807695 Alternator - # 422 $10 85 607980 Air Filter $13 41 808327 Shop Supplies $20 98 809023 Plugs. Grease $10 63 809864 Motor Tune $23 75 811170 Oil Filters $24 36 811405 Water Pump #710 $243 76 9119744 Hose - Wash Rack $560 39 —— -——......-.......------------------------------------ —.— $8 00 11/3/04 Car Wash $8 00 Golf Cad Repair $187 15 CITY OF ORONO Check Detail Register^ 11/19/04 10 49 AM Page 5 NOVEMBER 2004 Check Amt Invoice Comment S77.48 24107176 $1,539 41 24108027 $52 35 24108064 E 101 -41900-329 Olher Communications E 101-42110-414 EDP/Communications Equip Rent E 602-49450-415 Olher Equipment Rentals ___________ ToUl HENNEPIN COUNTY INFOR TECH DPT ' $1.669 24 "P^aid’Chk#"‘679696 Vl722/2064' HYDRO' METERING TECH NO LOG ............... E 601-49400-221 Equipment Parts & Accessories $1,433.42 27379-IN ToUl HYDRO METERING TECHNOLOGY $1.433.42 Paid ChMi 0^9697 11/22/2004 IFP TEST SERVICES. INC E 101-42110-319 Other Professional Services $350 00 102804 Total IFP TEST SERVICES. INC $350 00 PaW Chk#'07fe98 ''ll/22>20b4 “jORSf E 101-41900-352 Printing 4 Publishing __$860 00 2268 Total JORSTAD 4 REUTHER COM ' $880 00 Paid Chk# 079699' ' "fl hihwii LAKE"AREA'p6wER EQUIPMENT Data Base Access Radio Lease - 11/2004 RADIO ADM FEE 2* TURBO METERSFLANGE EVAL EXAM/HANSONrPD 10/11/04 newsletter E 613-49630-221 Equipment Parts & Accessories Total LAKE AREA POWER EQUIPMENT $7.35 55265 CYC-GASKET $7.35 'Sid Chii 079700 1*1/22/2064 Take MTKA CONSERVAflO^TDIS^^^ E 101-41110-433 Memberships & Subscriptions $20,709 52 100704 3RD&4TH QTR LEVYPMT Tout LAKE MTKA CONSERVATION DtST.$20,709.52 PaidChH# 079701 11/22/2004 LOGIS E 101-41900-329 Other Communications E 101-42110-310 LOGIS-Applications E 101 -42110-329 Other Communications E 101-42110-311 Data Processing Communication E 101-42110*401 Repairs/Maint-Offtce Equip E 101-41900-401 Repairs/Maint-Office Equip E 101-42110-401 Repairs/Maint-Office Equip_________ Total Loots $2,920.14 Paid Chk¥ 079702 Vi^'/izboVniSEt^'UNCluft^ * G 101 20809 SAC Charges due to MWCC $4.050 00 AUG04 $19650 24525 $1,876.00 24525 $196 50 24525 $30 0 0 24525 $24807 24555 $248 07 24555 $125 00 24582 INTERNET 9/2004 POLICE RECORD 9/04 INTERNET 9/2004 HENN CTY CONN 9/2004 ANNUAL CISCO MAINT UPD-ACCESS/PD R 101-39610 Miscellaneous Revenue Total MET COUNCIL ENVIRONMENTAL SER ($40.50) AUG04 SEWER F/AUG04 SEWER F/AUGC4 Paid Chk# 079703 ‘ **‘lY/22/*2004 $4.009 50 MET COUNCIL ENVIRONMENTAL SVCS E 602-49450 383 MWCC-Currenl Charges ToUl MET COUNCIL ENVIRONMENTAL SVCS $30.79767 763993 $30,797 67 Wastewater Charges • 12/04 "Paid Chk# 0797^4 1l?22>2d64 MIDWEST ASPHALT"' E 101-43000-408 Contracted Street Maml E 101-43000-224 Street Maint. Matenals/Supply E 101-43000-224 Street Maint Materiats/Supply ToUl MIDWEST ASPHALT $22.169 96 13639CM $374.36 72823MB $150 29 72858MB replace mixing area/saUSsand HAND PATCH HAND PATCH Paid Chk#‘"()79765 *''Tl722/*20b4 E 101-43000-224 Street Maint Matorials/Supply E 101*42110-221 Equipment Parts & Accessories Total MINNEAPOLIS OXYGEN COMPANY Paid Chki 6/9706 ' 11/22/2004 MOUND,'CITY OF R 231-35610 Drug Forfeitufta $22,994.61 MINNEAPOLIS OWOEN COMPANY $33.68 Rl 10040655 $22 45 Rl 10040856 ACETYLEN CYCLINDERS Cylinders $56.13 $350 00 03 2344 Mound Share-Oavkison Forft CITY OF ORONO 11/19/04 10:49 AM Page 6 *Check Detail Register® NOVEMBER 2004 ■A Check Amt Invoice Commerit Total MOUND, CITY OF $350.00 Paid C‘hk#"67970r'‘ "i i/22/2004 NATIONAL WATERWORKS E 601.49400-240 Small Tools and Minor Equip $41.54 1830350 Shut Off Wrench Total NATIONAL WATERWORKS $41.54 PaiTChkiT 079708' lT/22y2b‘04 NAVARRE CITGO E 613-49830-403 Repairs/Maint-Misc. Equip $33 00 100404 TIRE REPAIR ToUI NAVARRE CITGO $33.00 Paid Chk# 079709 11/22/2004 NAVARRE HARDWARE ...........................nCNCMfoso111Bldg/Grounds Maint. Supplies $24.47 143082 Paint E 601-49400-227 Utility System Maint. Supplies $1.02 143205 Nuts/Bolts E 101-41900-223 Bldg/Grounds Maint. Supplies $425 143230 Soap E 101-41900-223 BkJg/Grounds Maint. Supplies $18.50 143382 Salt E 101-45200-223 Bldg/Grounds Maint. Supplies $12.11 143544 Mortor Mix E 101-45200-223 Bldg/Grounds Maint Supplies $15.96 143550 Grass Seed E 101-43000-240 Small Tools and Minor Equip $15.73 143604 Hacksaw E 101-41900-223 Bldg/Grounds Maint. Supplies SI 35 143648 Washers E 101-42110-228 Training Supplies $10.44 143716 Reflective Numbers E 101-43000-224 Street Maint. Matehats/Supply $26.04 143728 Batteries. Scraper E 602-49450-223 Bldg/Grounds Maint Supplies $585 143953 PVC Cap E 101-43000-222 Vehicle Equipment & Parts $339 144036 Key E 101-43000-224 Street Maint. Materials/Supply $30.42 144051 Bulk Cham E 101-45200-223 Bldg/Grounds Maint. Supplies $084 144139 Clamp E 101-45200-223 Bldg/Grounds Maint. Supplies $15.21 144145 Bulk Chain E 101-42400-221 Equipment Parts & Accessories $3087 144237 Tape Measure E 101-41900-223 Bldg/Grounds Maint. Supplies $11 70 144249 Hand Soap E 101-43000-240 Small Toots and Minor Equip $903 144351 Chisels ToUI NAVARRE HARDWARE $237.16 Paid Chk# 079710 11/2^/2004 NEOPOST E 101-41900-201 Office supplies $111 83 11011086 Postage Labels ToUI NEOPOST $111.83 Paid ChK« 079711 11 /22/2004 NEXTEL COMMUNICATIONS E 101-41900-321 Telephone $62 67 326180427-01 Cell Phones E 613-49630-321 Telephone $46 7 8 326180427-01 Cell Phones E 602-49450-321 Telephone $254 63 326180427-01 Cell Phones E 601-49400-321 Telephone $109 1 3 326180427-01 Cell Phones Total NEXTEL COMMUNICATIONS $47321 r.Paid Chk# 079712 11/22/2004 O’SULLIVANS • HOLIDAY 546 E 101-42110-402 Repairs/Maint-Auto Equip ____ Total O'SULLIVANS - HOLIDAY 546 $5 85 OCTCAR OCT CAR WASHES $5 85 Paid Chk# 079713 11 /22/2C04 O’SULLIVANS HOLIDAY 547 E 101-42110-402 Repairs/Maint-Auto Equip $103 84 OCTCAR ToUI O’SULLIVANS HOLIDAY 547 OCT CAR WASH $10364 Paid Chk# 079714 11/22/2004 OBERAIGNER. SCOTT E 101-43000-226 CloUwng & personal equipment ToUI OBERAIGNER SCOTT $88 07 11/8/04 Steel Toe Boots $88.07 Paid Chk# 079715 11/22/2004 OFFICE DEPOT E 101-42110-201 Office supplies £101-42110-201 Office supplies $257 $125.35 office SUPPLIES . ii . S I CITY OF ORONO 11/19/04 10 49 AM Page 7 Check Detail Register© NOVEMBER 2004 Check Amt Invoice Comment E 101-42110-201 E 101-41900-201 E 101-41900-201 E 101-42110-201 E 101-41900-201 E 101-42110-201 E 101-42110-201 E 101-41900-201 E 101-41900-201 E 101-42110-201 E 601-49400-221 E 101-41900-201 Office supplies Office supplies Office supplies Office supplies Office supplies Office supplies Office supplies Office supplies Office supplies Office supplies Equipment Paris & Accessories Office supplies ToUl OFFICE DEPOT $87 54 $2 58 262123425-00 (S10.70) 262303179-00 ($10.71) 262303179-00 $5.35 262303180-00 $5.35 262303180-00 $2.95 262437805 00 $2.96 262437805-00 $13 24 262437805-00 $13 24 262437805-00 $31.78 263555637-00 $125.35 263555637-00 OFFICE SUPPLIES SUPPLIES SUPPLIES RETURNED SUPPLIES RETURNED SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES $396.85 »^ .A - • Paid Chk# 079716 11/22/2004 PIONEER E 602-49450-352 Printing & Publishing E 101-41900-352 Printing & Publishing E 101-41900-352 Printing & Publishing E 225-45219-510 Land E 101-41900-352 Printing & Publishing E 101-42400-340 General Advertising E 101-41410-340 General Advertising E 101-41410-340 General Advertising E 101-41410-340 General Advertising E 101-42400-340 General Advertising ToUl PIONEER $620 88 $382 08 $286 96 $31.84 $159.20 $71 64 $151 24 $47 76 $7960 $23820 100904 101004 101104 101204 101604 10204 102304 102404 102504 10304 Notice - UB Assessments Ordinance #18 Ordinance #17 Adv for Bids - 3422 Lyric Oridinance #19 Notice of Public Hearing Election Notice Accuracy Test Sample Ballot Land Use Applications $2.06940 l>aid*Ctik(»'079K7 'l 1/22/2004 PLYMOUTH, CITY OF" « -A .0 E 101-41300-437 Training & Development Total PLYMOUTH, CITY OF $5 00 MCFOA MCFOA Meeting - Vee $5 00 Paid Chk# 079718 11/22/2004 POST BOARD E 101-42110-441 Licenses & Taxes E 101-42110-441 Licenses & Taxes Total POST BOARD $90 00 POST $90 00 POST POST License-Toewe POST License-Stensrud $180 00 >aid Clik# 079719 1 1/22/2604''"pVEClSlb1J E 613-49830*223 Bldg/Grounds Mamt Supplies Total PRECISION TURF $302 81 24005 Fingicido $302 81 Paxi'Chk#'079726 11/22/2004 PRUDENTIAL LIFE INSURANCE G 101-15998 Non-Employee Health Ins $1 65 96234 G 101-21710 Life Insurance $87 75 96234 G 101-21710 Life Insurance $686 55 96234 Total PRUDENTIAL LIFE INSURANCE $775 95 Life Insurance 11/2004 Life Insurance 11/2004 L’^e Insurance 11/2004 Paid Chk# 079721 11/22/2004 PYLE. SHIRLEY E 101-41410-104 Temporary Employee* Regular ToUl P' uE. SHIRLEY %b600 GE $56.00 Election Judge • GE Vaid Chk# 079722*^ *’Vl‘/22/2004" SA''i£TY SIGNS' E 602-49450-415 Other E'^.uipment Rentals E 101-43000-415 Othr Equipment Rentals E 101-43000 415 O'.ner Equipment Rentals E 602-49450-415 Other Equipment Rentals Total SAFETY SIGNS $175 73 41968 $207 68 41969 $214 60 42350 $181 58 42351 barricades Barncades - Keilley Pkwy Barricades - Kelley Barncades $77959 __ r CITY OF ORONO 11/19/04 10 49 AM Page 8 Check Detail Register© NOVEMBER 2004 Check Amt Invoice Comment Paid Chki 079723 11/22/2004 8CHARBER & SONS E 613-49830-221 Equipment Parts & Accessories Total SCHARBER ft SONS $27.41 2044537 Filters $2741 Paid ChK# 079724 11/22/2004 SCHWABB INC. E 101-41900-201 Office supplies E 101-41900-201 Office supplies Total SCHWABB INC. $186 27 R96720 $12615 R99689 NOTARY STAMPS 3 STAMPERS $31242 Paid Chk« 079725 11/22/2004 SECURINT • ACCOUNT 6742 E 101 -42110-319 Other Professional Services ___ ToUl SECURINT-ACCOUNT 57^: $45 00 20041031 Credit Reports $45.00 'Paid Chki'b79726 .....1 1/22/2004 8HAUOHNESSY. COLIN E 101-45200-404 Repairs/Maint-Bldgs/Grounds E 101-42260-404 Repairs/Maint-Btdgs/Grounds Total SHAU6HNESSY, COLIN $2,00000 10/31/04 $ 1 00 00 10/31/04 Lawn Mowing Lawn Mowing Paid'Chk# 079727 $2,100.00 11/22/2004 St.‘ JOSEPH’S EQUIPMENT INC. £ 101-43000-221 Equipment Parts ft Accessories Total ST. JOSEPH’S EQUIPMENT INC. $8801 SI33433 Cable $8801 Paid Chk# 079728 11/22/2004 STANTON GROUP E 101-41900-489 Other Miscellaneous Charges Total STANTON GROUP $450 00 347033 Benefit Enrollment Fo«ms $450.00 Paid Chk# 079729 11 /22/2004 STAR TRIBUNE E 101-42110-201 Office supp 'S ToUl STAR TRIBUNE $27.95 1069427 Subscription 12/3-3/4/05 $27.95 Paid Chk# 079730 11/22/2004 STAR WEST E 101-43000-222 Vehicle Equipment ft Farts E 101-43000-222 Vehicle Equipment ft Parts Total STAR WEST $172.16 118912 $58 80 118919 TRK#427 BRAKE KIT & ASM RRAKE PADS TRK#431 $23096 Paid Chk# 079731 11/22/2004 STREICHERS E 602-49450-221 Equipment Parts ft Accessories Total STREICHERS $122 42 1216909 Flashlight $12242 Paid Chk# 079732 11/22/2004 SUPERIOR FORD E 101-43000-221 Equipment Parts ft Accessories $37 27 7651 Phone Repair Pa d Chk# 079733 Total SUPERIOR FORD 11/22/2004 'sUPEWOR‘'lJUy!P $37 27 E 101-41900-223 Bldg/Grounds Maint Suppl es Total SUPERIOR LAMP $584.13 S2189412 Flou'escent Lights $584.13 Paid Chki 079734 11 /22/2004 TOLL GAS ft WELDING SUPPLY E 101-43000-224 Street Maml Matenais/Supply______$6 45 4599967 ToUl TOLL GAS ft WELDING SUPPLY CYLINDER $6 45 Paid Chk# 079735 11/22/2004 TOMCHECK. LARRY E 101-42110-437 Training ft Development ToUl TOMCHECK, LARRY $33 23 11/16/04 Meals • N Memorial Training $3323 Paid Chk# 079736 11/22/2004 WESLEY BENDICKSON E 225-45219-510 Land $9.000 00 1C86 DEMO PARK HOUSE ^ 4 CITY OF ORONO Check Detail Register® 11/19/04 10 49 AM Page 9 NOVEMBER 2004 Check Amt invoice Comment 'PalSChk# 079737 Total WESLEY BENOICKSON TT/2272064"%E8TSib¥EQ^ S9.000 00 E 101 •43000-222 Vehicle Equipment & Parts Tout WE8TSIDE EQUIPMENT $52.88 26417-.:.'safe-tbreak $52.88 Paw ChWI 079738 11 /22/2004 WEST8IDE WHOLESALE TIRE E 101-42400-402 Repairs/Maint-Auto Equip $278 59 541295 ToUl WESTStDE WHOLESALE TIRE TrucKf211 -4tiresaz $278.59 Paid Chk« 079739 11/22/2004 XCEL ENERGY E 613.49830.381 Gaa&Elactric E 60249450-381 Gaa& Electric E 601-49400-381 Oaa & Electric E 101-43000-386 Street Lighting E 101-42110-361 Gaa&Electnc E 10143000-381 Gat & Electric E 10145200-381 Gaa& Electric E 10142110-381 Gaa&t>ectrlo E 10141900-381 Gat & Electric Tout XCEL ENERGY $207 76 $1,178.17 $3.080 93 $1,269.75 $528.12 $264 05 $22 84 $9 42 $1,291.85 118059677731 118059677731 118059677731 118059677731 118059677731 118059677731 118059677731 118059677731 118059677731 Electrical Service. Electrical Service Electncal Service Electrical Service Electrical Service Electrical Service Electrical Service Electrical Service Electrical Service $7,85289 10100 Primary Cash $174,717.67 Fund Summary 101 GENERAL FUND 225 PARK FUND 231 DRUG/FELONY FORFEITURE FUND 425 NAVARRE FIRE STATION PROJ FUND 601 WATER OPERATING FUND 602 SEWER OPERATING FUND 613 GOLF COURSE 651 STORM WATER UTILITY OP FUND 10100 Primary Cash $88,372.12 $9,031.84 $487-50 $12,469.80 $4,772.93 $57.926 69 $1,431.64 $225.15 $174,717.67 ' ■ ................-"R' a •^rrtTTIKjQ ‘NOV ii*2 2004 ClfY OF ORONO INFORMATION ITEMS COUNCIL MEETING OOil OF NOI^ a 2 2004 City OF 0R0,\0 « • r NOV Z Z 2004 Cl I y UF ohonu FALL 2004 THE INPOW/ATION RESOURCE AND ADVOCATE FOR lakh M!^JNETONKA LAKHSHCRH OV^NERS BUSl^iESSES Watch-Dogging Lakeshore Development by^ Dtck Osgood, IMA F^xecutive Director Wc all know how great it is to live on or near ■ Lake Minnetonka. We all know how' great it is to boat on the lake. We have, or probably soon will, become concerned that others will also want to have a piece of th s treasure. Wc wonder ~ are we loving our lake to death? Dtck Osgood |j pjy secret lakeshore on and near Lake Minnetonka is valuable. As well, it is no secret access to Lake Minnetonka is valuable. So, we are not surprised there are pressures to squeeze in more homes, townhomes and condos as well as commercial and municipal properties on to tighter and environmentally marginal areas. Most of these uikeshorc devel opments include some kind of lake access. • We have recently learned cf interest in developing addi tional municipal docks in Deephaven. Mound is opening a new phase in its Commons on Lost Lake. Increased boat traffic in the Lost Lake Channel may cause the increased ‘calving’ of cattai* bogs. A number of condos arc in planning phases, including Lakeview Lofts in Spring Park and Halstead Poinie in Halsted’s Bay. We have been writing about the interest in lake access via Six Mile Creek for almost three years now. Who is watch-dogging this grow th around our lake? The juthoritv for rc>!ul.uin|i these dcsclopmcnts rests mainly with eatli of the 14 cities abutting Lake Minnetonka. Howeser, the cities arc cither unasvarc or not sensitive to the overdevel opment around our lake. The Like .Minnetonka (Jonsenation District has the aurhorirs to regulate and control lakeshore K>at storage, divking and sui tace use. However, as a practical mancr. the 1 .M( D deals with these issues only once a development is in place. think it is time to take a comprehensive look at these issues. We have taken a stand on an asp*ect of these concerns (see inset), but now It is time to hxik more caref / ,.ad comprehensively, then act as your lakeshore adv<xate. And we need to act in a timclv man.icr. Let us know your thoughts and give use your support. See President Wayne Nelson’s letter inside and join the LMA today. Lake Minnetonka is the most heavily-uscJ lake in Minnesota. Demand for access to Lake Minnetonka continues to f>row, therehy jeop ardizing safe and enjoyable use of the lake. Pressure is growing to develop marginal lands and tributary areas on and around Lake Minnetonka, which essentially would e.xpand the shoreline of Lake Minnetonka and create new motorized watercraft access points to the lake. The Lake Minnetonka Association opposes any proposal or development that would expand the shoreline of Lake Minnetonka and provide motorized watercraft access to the Lake from a tributary that is outside the current shoreline of Lake Minnetonka. I The I M A has these developments on our rad.ii. At this |viint. we need to hv.n ti<>m ,md lx supported bv our nxmlxrs. We I ■» .Adopted by the Lake .Minnetonka .Association Board of Directors on June -5, 2001. i •Ai.4. 1 LAKE MINNETONKA CONSERVATION DISTRICT 2004 BOARD ATTENDANCE OCTOBER 2003 THROUGH SEPTEMBER 2004 HBMBER CITY ■ A ^ • ■ T ■ ' ‘ r BOARD MEMBER MEETINGS ATTENDED (18 PoMible MMtings) PERCENTAGE ATTENDED Deephaven Bert Foster 14 78% Excelsior Jose Valdesuso 14 78% Greenwood Miles Canning (10/22/03-07/28/04)12 out of 16 75% Minnetonka Katy Van Hercke 13 72% Minnetor)ka Beach Tom Seuntjens 15 83% Minnetrista Paul Krujdsen 16 89% Mound Orv Burma 13 72% Orono Lili McMillan (10/22/03-01/14/04)4 out of 4 100% Debbie Halverson (02/11/04 - Present)12 out of 14 86% Shorewood Tom Skramstad 15 83% Spring Park Craig Nelson (10/22/03-11/12/03)2 out of 2 100% Tom .Scanlon (12/10/03 - Present)14 out of 16 88% Tonka Bay Doug Babcock 15 83% Victoria Pete Nelson 18 100% Wayzata Bob Ambrose 13 72% Woodland Herb Suerth 11 61% ORDINANCE NO. 206, SECOND SERIES AN ORDINANCE AMENDING CHAPTER 10 OF THE ORONO MUNICIPAL CODE BY AMENDING SECTION 10.60 SUBD. 13 REGARDING EXTERIOR STORAGE IN “R” DISTRICTS The City Council of Orono, Minnesota ordains as follows: SECTION 1. Municipal Zoning Code Chapter 10, Section 10.60, Subdivision 13, is hereby deleted in its entirety and the following language substituted in its place: “Subd. 13. Exterior Storage in "R" Districts. In all "R" Districts, all mobile materials and equipment shall be stored within a building or fully screened so as not to be visible from adjoining properties, except that utility trailers less than 20 feet in length, which are not stored for eommercial purposes, need not be screened when stored to the rear of the house and a distance of 5 feet or more from any property line and 15 feet or more from the principal residence structure on any adjacent lot. Boats, unoccupied boat trailers, and boats on trailers shall be subject to the following s‘orage requirements when not stored for commercial purposes: A.Licensing, Operability and Restoration. All boats stored outside on a residential property shall be licensed to the owner or occupant of the property. All boats stored on a propxMty shall be in operable condition, except that inoperable boats under active restoration may be stored on a property for not more than two years, the intent being to discourage the long-term storage of inoperable boats on residential property. B.Principal Residence Required. No boat shall be stored on a property or on a group of contiguous commonly owned properties that docs not contain a principle residence structure. C.Maximum Length. Boats and unoccupied boat trailers exceeding 30 feet in length shall not be stored on any residential property except within a fully enclosed building meeting all applicable zoning and building code standards. Exception: Existing boats over 30 feet in length which are documented to have been stored on the property within the 24 months prior to the effective date >f this Ordinance shall be allowed to continue such storage practice until the property is sold, and shall meet the setback requirements of this ordinance. Page 1 of2 L . '■'J r . < •i,. ■* D.Allowed Storage Locations. Boats and unoccupied boat trailers up to 30 feet in length may be stored outside on residential property as follows: 1.Lakeshore lots: Boats may be stored in side yard, street yard, side street yard and lakeshore yard as long as they meet required setbacks and have no significant impact on lake views enjoyed by adjacent neighbors. 2.Non-lakeshore lots: Boats may be stored in side yard and rear yard; trailerable boats may be stored on trailers in driveway in front yard or side street yard. E.Required Setbacks. Boats and unoccupied boat trailers shall be stored no less than 5 feet from any lot line and no less than 1 S feet from the principal residence structure on any adjacent lot. F.Screening. Screening is not required for outside boat storage when in conformance with this ordinance. If boats are shrink wrapped, white is preferred color but is not mandatory. G.Dispute Resolution. Complaints regarding boats stored in lakeshore yards and potentially impacting a neighbor’s views of the lake will be referred to a Dispute Resolution Committee consisting of the Planning Director, the Building Official, and a member of the Planning & Zoning staff. SECTION 2. This Ordinance shall be published in THE PIONEER and THE LAKER newspapers and shall be effective upon approval and publication. r Hennepin Hennepin County Memo November 8, 2004 TO: Commissioners ^CBtVBD WOV I 5 2004 c/ryoFORONo FROM: Judy Chumley, Deputy Clerk of the Board RE: MEMBER AT LARGE APPOINTMENTS - 2004-2005 ANNUAL LIST As required under the Open Appointment policy, attached is the Annual List Of Member-At-Large Appointments those terms are due to expire. Vacancies are due to be announced shortly, with a closing date of December 31, 2004. Interviews should take place sometime in January. Please note that the Watershed District Boards will not be part of this annual round, as they are the exception and will be announced later. Attach: CC: Sandy Vargas, County Administrator Melissa Booth, County Administration (4 copies) Kay Mitchell, Clerk of the Board LaToya Wilson, Committee Clerk Bob Hagen, Planning & Development Pat O'Connor, Taxpayer Svs David Hough, County Attorney Amy Ryan, Library Yolanda McCrary, Library Jamie Halpern, Human Services, Children, Family & Adult Svs Deborah Truesdell, Human Services, Children, Family & Adult Svs Phil Eckhert, Environmental Svs Joel Settles, Envionmental Svs Rafe Viseasilias. Human Resources Susan Horn, Human Resources Pat Crosby, Human Services, Children, Family & Adult Svs Jodell O'Connell, Community Health Merry Keefe, City Minneapolis Clerk Julie Bartell, City of Minneapolis (304 City Hall) Jan Hrneir, City of Minneapolis (CIR - Comm Develop. Passage) CounciImember Lisa Goodman, City of Minneapolis Michelle Howard, Mpls Planning Comm. Room 317 City Hall Page 2 Warren Maas Commitment Defense Panel 600 Nicollet Mall, Suite 390 Minneapolis, MN 55402 Mark Hendrickson Housing, Community Works & Transit 417 North 5"'‘ St. Minneapolis, MN 55401-1362 Mr. Karl Foord, Director County Extension Service 1525 Glenwood Ave No Minneapolis, MN 55405 Richard Zierdt, Executive Director CASH BOARD 33 Tenth Ave So, Suite 150 Hopkins, MN 55343 Mental Health Association of MN 2021 E. Hennepin Ave Minneapolis, MN 55413 Citizens League 708 South 3'** Street, Suite 500 Minneapolis, MN 55415 H. C. League of Women Voters 01 So. 9'^“ Street, Suite 335 Minneapolis, MN 55402 Ronald Harnack, Water & Soil Resources Bd Louis Smith, Esq., M'hadia Creek Paul Haik, Esq., Nine Mile Creek; Riley Purg Various Municipalities (Watershed Districts) (Judy Nally, City Golden Valley) (City of Eden Prairie Mgr.) Carolyn Marinan, Public Affairs Carol Arnold, Public Affairs Laurie Eleven, Public Affairs Dr. Bruce Nauth, TEA John McLaughlin, TEA Pam Cosby, Community Health Douglas Bryant, Superintendent c/o Linda Ziegler 12615 County Rd 9 Plymouth, MN 55441 Tkundty, Oct»b*r 21, 2904 ScheMe For Committee Appointments Members At Large Term End Dt Range 10/10/2004 To 09/29/2005 Term Ending Dt Committee/Board Incumbent Length Of Term 12/31/2( 12/31/2004 12/31/2004 A2I2M200A OZ/05/2005 COMMUNITY ACTION FOR SUBURBAN HENNEPIN BOARD 1 year Janis Callison Marvin Johnson Martin Kirsch COMMUNITY ADVISORY BOARD ON HOMELESSNESS (fka H.C. Sh 2 years Leah Carlson Mark Eggen Michael Freiberg Felicia Glover Victoria Kasdan Jenny Pringle Neil Weber Paul Williams COUNTY EXTENSION COMMITTEE (MN EXTENSION SERVICE) 3 years Beverly Propes Christine Thompson HENNEPIN COUNTY LIBRARY BOARD 3 years John Gibbs Gerda Haas SUBURBAN HENNEPIN REGIONAL PARK DISTRICT 4 years Joan Peters 01/02^5 HUMAN RESOURCES BOARD 4 years Tim Lovaasen William Morgan CHILDREN’S MENTAL HEALTH ADVISORY COUNCIL Idelle Longman Ilya Yacevich 3 years 02/13^005 MENTAL COMMITMENT ATTORNEY PANEL ADVISORY BOARD 2 years Julie Pearson nege / #/J - \ Term Ending Dl Committee/Board incumbent Length Of Term 02/18/2005 3 years 02/18/2005 year HENNEPIN COUNTY WORKFORCE INVESTMENT BOARD Dr. Lee Antell Thomas Bodin Norm Champ Dr. Sharon Grossbach Gamie McCormick Judi Moonen Michael Newman Leola Seals Ann Wynia NORTH MINNEAPOLIS HEALTH ADVISORY COMMITTEE Earde Allen Laura Au-Yeung Mark Brooks Cleora Brown Gary Cunningham Leahjean Dixon Charinitta Ellis April Estes Farzaneh Kia Louis King Amoke Kubat Judith Leatham Anne Long Carla McMorris Todd Monson Grechen Musicant Walter Perkins Margaret Pharris. PhD., MPH, R Erika Shatz Aaron-Keith Stewart Rosalind Sullivan John WMiams, DDS 03/08/2005 MINNEHAHA CREEK WATERSHED DISTRICT BOARD Pamela Biixt Richard Miller 3years 07/30/2005 RILEY-PURGATOR\-,.lUFF CREEK WATERSHED BD John Forster Susan Scribner 3years fmg«2tf3 { Term Ending Dt Committee/Board Incumbent Length Of Term