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Home My WebLink About12-13-2004 Council PacketAGENDA FOR COUNCIL MEETING SET FOR MONDAY, DECEMBER 13,2004,7:00 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 the counter near the sign in sheet. ROLL CALI CONSENT AGENDA ,,,1. Approvc/Amend OATH OF OFFICE Officer Kimberly Toewt Officer Chad Stensrud . Sergeant Chris Fischer RECOGNITION 2. Andrew McDermott - Parks. Open Space and Trails Commission - Resolution APPROVAL OF MINUTES * 3. Regular Council Meeting of November 22,2004 * 4. Truth in Taxation Hearing of December 6,2004 PUBLIC HEARINGS - 7:00 P.M. 5. 2005 Levy Adoption Hearing - Adoption of 2005 Budget and Tax Levy A. Adopt Final 2004 Levy Collectible in 2005 - Resolution B. Adopt 2005 General Fund Budget - Resolution C. Adopt the 2005 Special Revenue Funds Budgets - Resolution BOND SALE v 6. Consider the Aw’ard of the Sale of 59 30,00 0 General Obligation Sew er Improvement Refunding Bonds - Resolution PARK COMMISSION COMME.NTS - Paul Pesek, Representative PLANNING COMMISSION COMMENTS - Jim Leslie, Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT * 7. #03-2937 Bob Morlock. 98u North Shore Drive West - Final Subdivision - Resolution 8. #04-3042 Pillar Homes on behalf of Roger and Carol Rovick, 1625 Bohns Point Road - Conditional Use Pcmiit - Resolution 9. #04-3052 Kric Vogstrom, 2618 Casco Point Road - Variances 10. #04-3060 Michael & Donna Ebert/. 1220 Tonkawa Road - Conditional Use Permit - Resolution * II. #04-3066 William & Anita Rouse, 4051 Highwood Road - \'ananccs - Resolution 12. #04-3067 Lccy Construction on behalf of Dennis and .Amanda Walsh, 1.154 Rest Point Eaw ^ Variances - Resolution * 13. #04-3069 G & L Land Investments LLC, 2665 Mapleridgc Lane - Variance-Resolution ACiENDA FOR COUNCIL MEETING SET FOR MONDAY, DECEMBER 13,2004,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA MAYOR/COUNCIL REPORT PUBLIC SERVICE DIRECTOR’S REPORT 14. Request for Payment #1 Birch Lane Storm Sewer Project 15. Request for Payment #1 Lee Carlson Ballfield Trail 10. Stonebay Stormwater Trunk Fee Credit 17. Accept Bid for Navarre Park Garage 18. Purchase Tractor Mower 19. Water System Vulnerability Assessment 20. Birch Lane Condemnation CITY ADMINISTRATOR'S REPORT 2 1. 2005 Fee Schedule - Ordinance and Summary Ordinance for Publication 22. 2005 Meeting Schedule 23. Council Liaison to Park Commission and Planning Commission Meetings in 2005 24. Appoint Park Commission Chair and Vice Chair 25. 2004 Interfimd Transfers and Loan Payments 26. Authorization to Disburse City Funds for Claims Received 27. Appointment of Full-Time Police Officer 28. Police Officer Contract for 2004-2005 29. 2005 Non-Union Compensation - Benefits Contribution Revision - Resolution 30. 2004/2005 Police Sergeant Contract Settlement 31 . Accept Fraternal Order of Police (FOP) Scholarship Donation 32. Approve Animal Impound Contract 33. Temporary Part-Time Clerical Employee CITY ATTORNEY'S REPORT 34. LICENSES 2005 Liquor License Renewals Special Event Permit • 35. BILLS UPCOMING ISSUES AND EVENTS 2004 I2'I3 - Council Meeting, 7:00 p.m. 12 24 - HOLIDAY, Obsen-ance of Christmas 12'3I - HOLIDAY, Obscr\ ance of New Year’s Day 2005 01 03 - Park Commission Meeting, 7:15 p.m. 01/05 - Planning Commission Work Session, Wednesday, 5:30 p.m. 01/06 - Council Work Session, Thursday, 5:45 p.m. 01/10 - Council Meeting, 7:00 p.m. oI^It ' Commission Work Session, Wednesday, 5:45 p.m.01/17 - HOLIDAY, Martin Luther King, Jr. Day 01/18 - Planning Commission Meeting, Tuesday. 6:00p.m. 01/24 - Council Meeting, 7:00 p.m. r Public A ttendance Meeting D ate '^-C ouncil □ Planning C ommission □ Park C ommission □ Other Please fill outthe information requested BELOW FOR OUR CITY RECORDS. NAME (please print)ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER REQUEST FOR COUNCIL ACTION DATE: December 10,2004 ITEM NO: OK I j City Of in Department Approval: Nanc Ronald J. Moorse Title City Administrator Administrator Reviewed:T1C,\Agenda Section: City Administrator’s Report ItemDescription:Recognition^Andrew McDermott Andrew McDermott has served the maximum allowed three full terms on the Parks, Open Space, and Trails Commission, including seven years as Chair. He is retiring from the Commission at the end of this year. A resolution recognizing Andrew for his dedicated service on the Commission is attached for Council adoption. COUNCIL ACTION REQUESTED Motion to adopt the attached resolution recognizing Andrew McDermott for his nine years of dedicated service on the Parks, Open Space, and Trails Commission. A RESOLUTION OF APPRECIATION TO ANDREW Mc D ermott FOR DISTINGUISHED SERVICE AS A MEMBER OF THE PARKS, OPEN SPACE, AND TRAILS COMMISSION RESOLUTION NO.5262 WHEREAS, Andrew McDermott has provided nine years of dedicated service to this community as a member of the Parks, Open Space, and Trails Commission, including seven years as Chair; and WHEREAS, his years of service have been marked by exemplary dedication to the best interests of the community; and WHEREAS, he has earned the admiration and high regard of those with whom he has worked; and WHEREAS, the performance of his duties and responsibilities as a member of the Parks, Open Space, and Trails Commission has resulted In excellent and constructive contributions to the community. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono does hereby express its sincere appreciation and thanks to Andrew McDermott for his distinguished service to the community and does also highly commend him for the manner in which he has carried out his duties and responsibilities. BE IT FURTHER RESOLVED, that the City Council extends to him best wishes for continued success in his future endeavors. Adopted by the City Council of Orono, Minnesota at a regular meeting held this 13th day of December, 2004. ATTEST; Linda S. Vee, City Clerk Barbara A. Peterson, Mayor I I I - 9piv-- MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 22, 2004 7:00 o ’clock p.m. COi , J J 2004 ROLL CiTV OF CF.c;.\o The Council met on the above mentioned date with the following members present; Mayor Barbara Peterson; Council members Jim White, Jim Murphy, Lili McMillan, and Bob Sansevere; City Attorney Thomas Barrett; Representing staff were. City Administrator Ron Moorse, Planning Director Mike Gaffron, Planners Janice Gundlach and Melanie Curtis, Public Service Director Greg Gappa, Engineer Tom Kellogg and Recorder Kristi Anderson. Mayor Peterson called the meeting to order at 7:02 P.M CONSENT AGENDA 1. Approve/Amend Items 8, 11, 12, 13, 14, and 15 were added to the Consent Agenda. While Items 3. 6, and 9 were removed from the Consent Agenda. White moved, Murphy seconded, to approve the Consent Agenda as amended. V'ote: Ayes 5, Nays 0. PRESENTATION 2. MCWD Stubbs Bay Water Quality Project Presentation - Mike Wyatt and .lim Hafner Hafner summarized a water quality and feasibility study of Stubbs Bay that has bt^.i performed by the MCWD in an effort to offset declining water quality in the Bay. He pointed out that the combination of high phosphorous levels (53-57 ugl), algae blooms, and poor clarity, made Stubbs Bay not a good swimming bay. Without improvements, Hafner noted that the Bay would be phosphorous full by 2020. Of the proposed improvement methods, the best management practices suggested a combination of artificial circulation and chemical treatments w ith the addition of upland ponds for filtration as the preferred. Since most of the phosphorous loading seems to be coming from the Classen Creek area, and 80% of the upland area will be developed by 2020, Hafner indicated that external controls and filtration via ponding arc necessaiy .steps to improve the conditions of the Bay. The total package price will run approximately SI .4 million and be paid by the Ad Valorem Levy, a regional resource for funding a regional lake. Wyatt pointed out that the MCWD began the study based on resident requests, have held public meetings, and look to the City Council for their support to allow the MCWD to move forward. Sansevere questioned whether the MCWD was looking for any contribution from the City. He also asked how the artificial circulation devices or tubes might be impacted by boat traffic. Wyatt stated that no additional funding from cities w as needed. page 1 of n »• iu ** MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 22, 2004 7:00 o’clock p.m. (2. MCWD Stubbs Bay Water Quality Project Presentation, Continued) Ilafner staled that the manufacturers of the devices indicated that speed boats would not impact the devices; however, the MCWD felt some additional safety buoys might be warranted, the cost of which would also be covered by the levy. White asked how the systems would be monitored or how notices ot the study would be distributed. Hafncr stated that the systems would be leased initially in order to monitor performance, which would be ongoing. He pointed out that the devices are used elsewhere across the country and the MCWD is optimistic of the results. Wyatt noted that the MCWD would be posting updates of progress on the website and would continue to work with staff. Murphy applauded the MCWD's efforts to improve water quality and voiced his support for the project; however, he encouraged the MCWD to continue its monitoring efforts of Lake Classen and its impacts on water quality. Having attended a public meeting on the study, McMillan pointed out the residents were very positive and supportive of the project. Murphy moved, McMillan seconded, that the City support the recommended water quality improvements for Stubbs Bay. V'OTE: Ayes 5, Nays 0. APPROVAL OF MINUTES 3. Regular Council Meeting of November 8, 2004 Although he was not present at the previous City Council Meeting, .Murphy wished to add an addendum to the Minutes reflecting that .Mr. Engleman, who spoke during the public comments portion of the .Minutes, had brought this property’s problems to the City’s attention on numerous occasions for over a year. While Murphy appreciated staff s efforts to visit the site and take pictures, he was concenicd by the other neighbors’ lack of courtesy, and willingness to take advantage of his neighbors. Murphy moved. White seconded, to approve the Minutes of .November 8, 2004, as discussed. VOTE: Ayes 5, Nays 0. PARK COMMISSION COMMENTS - Meeting to be held November 29,2004 PLANNLNG CO.>L>USSION CO.>LMENTS - Travis \Mnkey Winkey staled that he had nothing to report, but would remain for questions. PAGE 2 of 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 22, 2004 7:00 o ’clock p.m. PUBLIC COMMENTS Allan Engleman, 315 Old Crystal Bay Road North, once again addressed the City Council regarding the conditions at 285 Old Crystal Bay Road North. He indicated that he had received a letter from the C*ty in which the neighbor was asked to comply with City Ordinance by last night. Engleman questioned whether the neighbor had complied with city standards and asked what would happen next. Moorse indicated that the neighbor had contacted the City and provided the City with documentation that he is the owner of all 3 boats stored on the property. Engleman asked about the other issues and pointed out that, according to a letter that he was given by the City, since this owner was not the occupant of the residence he could not store all of those boats on the property. He passed the letter around for staff and Council to review. Gaffron indicated that this letter mistakenly misrepresented the fact that just the occupant could store their boats in the site, when in fact the owner or occupant can do so. Murphy questioned what would prohibit the owner from storing 15 boats on the property, as long as he had the documentation that he owned them. Gaffron stated that nothing would prohibit the owner from doing so. As the compliance date had just passed, Curtis stated that she would visit the site the following day to check out the progress. Murphy stated that it seemed obvious to him that the neighbor was abusing the property and creating an eyesore for the neighbors. Unfortunately, he admitted that there seemed to be few good ways the City can deal with it. ZONING AD>UNISTRATOR'S REPORT *4. #04-3047 BRUCE MEESE AND MAUREEN MURPHY, 3135 CASCO CIRCLE - VARIANCE - RESOLUTION NOS. 5253 and 5254 White moved, Murphy seconded, to adopt Resolution Nos. 5253 and 5254 granting renewal variances for the property located at 3135 Casco Circle. VOTE: Ayes 5, Nays 0. 5. #04-3052 ERIC VOCSTROM, 2618 CASCO POINT RO.JiD - VARIANCES Curtis explained that the applicant is proposing 36.8®/o hardcover within the 75-250’ zone and an average lakcshore seiback variance of 5’ rn conjunction with the redevelopment of the lot. She pointed out that the Planning Commission voted 5-2 to recommend approval of a variance w ithin the 75-250’ zone for 36.8% hardcover and an average lakeshorc setback variance to encroach 5’ in conjunction w ith a landscape restoration plan to be approved. Although the Planning Commission majonty felt the relatively small 75-250’ zone created a hardship for the property, Curtis stated that staff IS not convinced that the level of 36.8% hardcover is warranted for this specific rebuild. P.AGE 3 of 11 r»4i MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 22,2004 7:00 o’clock p.m. (5. M4-3052 ERIC VOGSTROM, 2618 CASCO POINT ROAD, Continued) Gaffron pointed out that, while the average lakeshore setback variance is warranted, since no views are impacted, it is the relationship to the area within the 75-250’ zone that ther; is a hardship question. Since the lagoon impacts the 75-250’ zone, using an optimum lot shape analysis would suggest that 32.5% hardcover would be allotted for this property. A bigger issue comes to light when examining the 1,500 s.f. minimal house measurement. If there is an inherent hardship, Sansevere questioned what staff would recommend. Gaffron asked the Council to determine what they believed to be a reasonable hardship, since staff believed that 1.884 s.f. is the warranted size it should be. Since the proposal seemed to be a mere 300 s.f. over staffs calculation, Murphy questioned whether 300 s.f. could be removed somewhere. Gaffron pointed out that the 3 car garage could be revised to a 2 car garage, but noted the residents do need some off street parking, the deck was of modest size, and even sliding the entrance down would not suffice. Attorney Barrett stated that, while it appears that staff suggests that there is a hardship, the City Council must determine what level of hardcover it feels comfortable with based on this neighborhood, drainage, and what the Council has allowed in the past under similar circumstances. Murphy questioned whether the home would be a 1 or 2 story home. Attorney Keane, Vogstrom’s representative, urged the City Council to focus on the size of the footprint and current hardcover. He indicated that the client was unsure of whether he would be proposing a 1 or 2 story home until the footprint could be determined. McMillan pointed out that, as a City Council, they must assume the ma,\imum level without plans. Sansevere stated that without having any idea of what would be going up, he could not approve something. Gaffron stated that the applicant docs not wish to draw up multiple versions of the house until they have an idea of what will be allowed. He noted that the enclosed elevations do give a sense of what the applicants would like to see approved. While she could understand the applicant’s hesitation to go to the expense of drawing up plans, McMillan stated that she could not support 36®b on a new rebuild. She stated that she did feel a small hardship based on the 0-75’ was warranted. White asked where the dock would be placed, and if it w ere to be placed beyond the lagoon, he questioned whether the applicant had the right to use the public land to access it. PAGE 4 of 11 —.V MLNUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 22, 2004 7:00 o’clock p.m. (5. P04-3052 ERIC VOGSTROM, 2618 CASCO POINT ROAD, Continued) Attorney Barrett pointed out that the property north of the parcel which appears to line this property was a platted right-of-way. Alternatives to this use would be to regulate the use of the road or vote to abandon it, which the City would not recommend. Vogstrom pointed out that the lagoon is too shallow to serve access for a boat or dock and the parcel to the north is heavily wooded and wet. Since the City would not support dredging the lagoon. White agreed the dock should stay on the main portion of the lake. He indicated that he needed a better reason to support much more than 25% hardcover. Keane pointed out that one would be hard-pressed to find a similar property in Orono in which the 0-75’ is almost entirely taken up by lagoon. He continued noting that the mere 1,080 s.f footprint is a modest footprint by today's standards. At a current hardcover level of 4,732 s.f, the applicant has projjosed a decrease of over 35%. He reiterated that the lagoon affords the applicant a unique hardship, though they’ve tried to scale back to accomplish the necessary reductions. While he could appreciate the logic and reductions, Murphy stated that the problem he continues to wrestle with was that they simply do not know enough .about the house. He felt the Council needed to know more about w'hat was being proposed in order to make decisions, though he understood the costs to the client. In addition he wished to see a landscape restoration plan accompanying the proposal. Gaffron stated that staff had a landscape plan which w as being review'ed currently and asked for Council to establish relative timelines. White pointed out that although the applicant has tried to show that they have substantially reduced hardcover on the property, the driveway hardcover should not be included in the hardcover calculation by the applicant in their efforts to accentuate the amount of hardcover removals. He pointed out that the e.xccssive tree removals have done immeasurable damage to and exacerbated the runoff situation to the property. He questioned how' the applicant, or the applicant’s contractor, could have believed that the excessive tree removals on this property were allowed at all. While he concurred with White, Murphy stated that he w as not prepared to allow more than 25% until the Council knew w'hat was to be built on the site. Mayor Peterson asked Attorney Barrett whether they could forbid rebuilding on the property until the City could approve a restoration project. Since they w ished to see the reforestation take place first, she asked whether building could be delayed. WTiile Barrett understood the issues the City Council was wrestling with this evening, he requested that the matter be continued to allow the applicant time to bnng forw ard a plan that works. Murphy suggested that applicant table the application until the applicant can come up w ith a plan that meets staff support. PAGE 5 of 11 I i t \"c MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 22,2004 7:00 o’clock p.ni. (5. U04‘3052 ERIC VOGSTROM, 2618 CASCO POINT ROAD, Continued) Sanscvcrc stated that he believed the applicant should be allowed at least 1,500 s.f. of living space. Vogstrom stated that, according to the tax record, the property ts referenced at 40,000 s.f.; however, with the lagoon factored in the property diminishes to 14,000 s.f Once again, McMillan stated that 36% was too much, 25% loo small, and suggested the applicant continue to work with staff to analyze what percent is allowable. Gaffron reminded Council that 1,500 s.f. is a limit on a 10,000 s.f. or less lot, not a right. Murphy moved, White seconded, to table Application 1104-3052, Eric Vogstrom, to allow the applicant to continue to work with staff on a revised proposal. VOTE: Ayes 5, Nays 0. Sansevere asked what made the applicant, or his contractor, think they could remove all of the established trees on the parcel without pemr.ssion. Vogstrom stated that he had the tree trimmer in attendance for questions. Mayor Peterson stated that this was not the forum for this discussion and would be addressed at another time. 6. #04-3055 DR. MARTHA SPENCER, 1005 WILLOW DRI\T. SOUTH - VARIANCE - DENIAL RESOLUTION NO. 5255 Dr. Spencer stated that until she received the denial resolution in the mail she had no idea that she was being required to remove her dog kennel. She felt this was excessive penalty for this item to have not been missed on surveys, missed by those who visited her property, and missed altogether had she not mentioned it in a previous meeting. She argued that her representative did not have the right to offer to remove it, since they would have no idea w hether she intended to purchase another dog in the future. Dr. Spencer stated that the cement kennel has always been there, it w as not a secret, nor should it be req ired to be removed as her hardcover is a mere 8% on her property. White stated that he was willing to allow it. Mayor Peterson acknowledged that it was unfortunate that she was unable to attend the past meeting, when her rcprcsciitalivc made this submission. She indicated that she felt it was an error overlooked by many parties; therefore, she would allow it to remain. McMillan stated that it seemed to be an oversight that was not precedent setting. Barrett agreed that the Council would be within its rights to allow it or remov e it. .Mc.Millan moved. Mayor Peterson seconded, to adopt RESOLUTION NO. 5255, a resolution denying the applicants variance request,, with item #7 removed regarding the removal of the dog kennel. V’OTE: Ayes 3, Nays 2, Sansevere and Murphy opposed. PAGE 6 of 11 1 t-n- -vV MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 22,2004 7:00 o’clock p.m. 10. #04-3067 LECY CONSTRUCTION ON BEHALF OF DENNIS & AMANDA WALSH, 1354 REST POINT LANE - VARIANCE - RESOLUTION NO. 5259 Gundlach explained that the applicant requested a hardcover variance to permit 30.1% hardcover within the 75-250’ zone when 25% is allowed, 44.91% exists, and 29.9% was approved in 1999 in order to tear dowTt and rebuild the existing westerly addition. In addition to staff s recommendations, the Planning Commission recommended approval with the following edits, public works recommends that a suitable amount of gravel is needed, adjacent to the curve of Rest Point Circle, for the purpose of winter snow storage, and that restoratioa preservation plans for the bluff must be approved prior to the final inspection for the proposed addition. Dennis Walsh stated that the numerous creeping happenstances happened prior to his purchasing the property by the previous owners who were master gardeners. He stated that the only issue he found with the resolution was the requirement pertaining to the gravel up top. He pointed out that a large portion of the gravel ‘parking lot’ is used for snow storage every winter, since there is no where else for it to go. He asked that either the gravel be allowed to remain or for a better solution than trying to re-landscape the area, since the snow storage will continue and kill any vegetation he puts there. Murphy questioned whetlier blacktopping the area and putting up a small wall would help the situation. Walsh stated that he did not mind leaving the gravel there, since it allows for additional parking in the neighborhood, which is lacking. Since she felt he was giving the City some right-of-way, McMillan stated this posed a hardship to the applicant which warranted his request, since his gravel benefits the City and neighborhood. McMillan moved, Murphy seconded, to adopt RESOLUTION NO. 5259, a Resolution granting a hardcover variance for 1354 Rest Point Circle, allowing the snow removal area on the north to remain, as well as, the southerly portion of the upper gravel area to remain. VOTE: Ayes 5, Nays 0. After the applicant had left the Council Chambers, Moorsc questioned whether the applicant should be required to grant an easement, lo ensure continued use of the area for snow storage. Gaffron attempted to catch the applicant in the parking lot but he had already lell. White agreed that an casement would be appropriate, and suggested that the application be reopened. While moved, Sansevere seconded, to reconsider RESOLUTION NO. 5259. VOTE: Ayes 5, Nays 0. White suggested that the applicant be requested to grant an easement, and if he agrees to the easement, tlic resolution can be amended and on the ne.xt meeting’s Consent Agenda. If he doesn ’t agree, he should appear at the next meeting to discuss the issue. Barrett suggested tabling the reconsideration and this w ill allow the resolution to be redrafted and easement to be pursued. PAGE 8 of 11 J MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 22, 2004 7:00 o’clock p.m. (10. m-3067 LECY CONSTRUCTION ON BEHALF OF DENNIS A AMANDA WALSH. 1354 REST POINT LANE, Continued) White moved, McMillan seconded, to table Application #04-3067, Resolution No. 5259, and • ■ V ’. . notify the applicant of the need for an easement, and that the item will be put on the Consent Agenda for the next meeting if he agrees to the casement. VOTE: Ayes 5, Nays 0. MAYOR/CITY COUNCIL REPORT Sansevere suggested that the City begin tracking public comments via email until a suitable software program can be found to log comments. Moorse indicated that staff is investigating software for 2005. Murphy questioned the status of the DeMuth tree planting problem. Moorse stated that an arborist is making changes to the plan as requested by the neighbors which will soon be sent off to the resident. White commented that at the annual real estate CCE Class he anended, he learned that new allowances have been set which allow individuals to rehab nonconforming uses. Barrett added that the changes have restricted cities’ abilities to phase out nonconforming uses. McMillan noted that with the removal of the rail along County Road 15 proceeding, the rail is beginning to look like a trail, which brings to light new questions. Moorse stated that with the trail taking shape, he asked the county what they will be doing with regard to patrolling and signage, and suggested they post no snowmobiling signs soon. He stated that Orono had volunteered to help police the corridor for the time being, with some reimbursement of the City's costs by the County. Barrett questioned whose ordinances and permitted uses would the city be enforcing. Gaffron indicated that he had recew'cd a call that day from the County asking whether Orono has Ordinances prohibiting snowmobiling on public nghts of way. He suggested further investigation continue. Murphy agreed that this must be determined soon, and should be set up similar to the Luce Line system. Mayor Peterson brought up Murphy’s idea to implement saying the pledge of allegiance at the outset of each meeting for the Council members to consider. Murphy urged the City to update the ‘Friends of the Park’ Award posted outside the Chamber. PAGE 9 of 11 .* . %• MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 22,2004 7:00 o’clock p.m. PUBLIC SERVICE DIRECTOR’S REPORT *11. PUBLIC WORKS PARKING LOT PAVING White moved, Murphy seconded, 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. VOTE: Ayes 5, Nays 0. *12. REQUEST FOR PAYMENT #1 GARDEN COURT SANITARY SEWER PROJECT White moved, Murphy seconded, to approve Request for Payment HI regarding the Garden Lane Sanitary Sewer Extension Project to G.L. Contracting Inc., in the amount of $23,S13.33 VOTE: Ayes 5, Nays 0. CITY ADMINISTRATOR’S REPORT *13. EXTENSION OF JOINT POWERS AGREEMENT FOR WEST HENNEPIN RECYCLING COMMISSION - RESOLUTION NO. 5260 White moved, Murphy seconded, to adopt Resolution No. 5260 approving the extension of the Joint Powers Agreement of the West Hennepin Recycling Commission through December 31, 2007 VOTE: Ayes 5, Nays 0. *14. EXTENSION OF CURBSIDE RECYCLING CONTRACT White moved, Murphy seconded, to approve the extension of the curbside recycling contract with E-Z Recycling for the period from January 1,2005 through December 31,2007 at a rate of $2.24 per household per month, and to authorize the Mayor and City Clerk to sign the Curbside Contract Extension Agreement for 2005-2007 VOTE: Ayes 5, Nays 0. * 15. APPOINT.MENT OF FULL TIME POLICE OFFICER White moved, Murphy seconded, to approve the hiring of Kimberly Daw n Toewe effective November 23,2004 at the starting patrol officer pay rate. V'OTE: Ayes 5, Nays 0. CITY ATTORiNEY’S REPORT Attorney Barrett had nothing to report. PAGE 10 of 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 22, 2004 7:00 o’clock p.m. 16. LICENSES ANNUAL LIQUOR LICENSE Chib On Sale & Sunday Liquor Wayzata Country Club 200 Wayzata Boulevard • *«••«*» t ■ *4 Woodhill Country Club 200 Woodhill Road Off Sale Liquor Navarre Liquors Inc. 3421 Shoreline Drive ONE DAY GAMBLING - RESOLUTION NO. 5261 Orono Elementary PTO (raffle) Winter Fun Fest - Orono Middle School 12:00 p.m. - 4:00 p.m. Saturday, February 5,2005 White moved, Murphy seconded, to approve all licenses and Resolution No. 5261. VOTE: Ayes 5, Nays 0. *17. BILLS White moved, Murphy seconded to approve payment of the AH Funds Account. VOTE: Ayes 5, Nays 0. ADJOURNMENT White moved, McMillan seconded, to adjourn the Orono City Council Meeting of November 22,2004 at 9:45 PJVl. VOTE: Ayes 5, Nays 0. ATTEST: Linda S. Vee. City Clerk Barbara A. Peterson, Mayor PAGE 11 of II v._, (9 MINUTES OF THE TRUTH IN TAXATION HEARING HELD AT 5:30 P.M. ON MONDAY, DECEMBER 6, 2004 IN THE ORONO COUNCIL CHAMBERS Menb«rs Pr«s*nt: Mayor Peterson and Council Members McMillan, Sansevere and White. I j 2004 ^“^CFC8 c .\'o Staff Present: City Administrator Ron Moorse and Finance Director Tom Kuehn. Mayor Peterson called the meeting to order and opened the hearing at 5:34 p.m. There were no members of the public present. Moorse outlined the proposed budget and tax levy increases, and summarized the reasons for the increases. There being no public comments, Mayor Peterson closed the hearing. Council Member Sansevere moved. Council Member White seconded the announcement that the 2005 budget and tax levy will be adopted at a hearing to be held at 7:00 p.m. on Monday, December 6, 2005. Vote: 4 Ayes, 0 Nays. ADJOURNMENT Council Member Sansevere moved, Coxmcil Member White seconded, that the meeting be adjourned at 5:37 p.m. Vote: 4 Ayes, 0 Nays. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor REQUEST FOR COUNCIL ACTION DATE: December 10,2004 ITEM NO: nnuMrii HiCPTING DEC 1 3 2004 CITYOFGRQMQ Department Approval: Name Ronald J. Moorse Title City Administrator Administrator Reviewed: Agenda Section: City Administrator ’s Report Item Description: Levy Adoption Hcaring 2005 Collectible Tax Le^7 and Annual Budget Resolutions Attachments: 1. Tax Levies—Actual 2004 vs. proposed 2005 2. Tax Capacity, Local Levy, and Tax Capacity Rates 3. Effect of 2005 Tax Levy on Property owners 4. Resolution Adopting the Final 2004 Tax Levy collectible in 2005 5. Resolution adopting the 2005 General Fund Budget 6. Resolution adopting the 2005 Special Revenue Funds Budget Lew Adoption Hearing This is the final hearing prior to the adoption of the 2005 budget and tax levy. Proposed 2005 Budget The oroDosed 2005 budget reflects an effort to address a number of deferred needs, as well as to ftind a number of special projects, while managing the impact of the tax levy on property owners. Goals of the 2005 Budget The following is an outline of the goals of the 2005 budget ■ To improve service delivery and customer service To provide a sustained drug enforcement ellort To increase the City’s capacity to use information technology To improve the maintenance of the City’s infrastructure , _ . ^ To take advanta ge of the opportunity to re-think the design and function ot current Highway 12, in preparation for the turnback of tbis roadway from the State to the County. To begin to address long term public improvement needs Opportunity To Address Deferred Needs Over the oast 10 years, the tax levy has been increasing at an average rate of 3.98% per yew. This has been an important factor in enabling the city’s tax rate to remain one of the low-est m the Pountv Over the past several years, a number of priority needs have been identified. However, conservative caution regarding potential State budget problems, and then the actu^ impact o Ae State budget problems, including Stale Aid cuts and levy limits, have caused these needs to be deferred. '1 ! The 2005 budget is the first opportunity the City has had to address the deferred needs, in order to have a substantial inpact on the level and quality of ser\'ices provided in the areas of Police, Fire, Streets, Stormwa;er Management, Sewer, and W,itcr, as well as substantially strengthening the City ’s ability to usi and manage teclinology to improve productivity and customer service. Tax Capacity Rate Reduction Results in Minimal Property Tax Impact on Property Owners Based on the proposed budget and tax levy, and the substantial increase in the City's tax capacity (tax base), the City ’s share of the property tax bill for Orono property owners will increase by 1.1%, Tlie City's tax capacity has increased by approximately 17.9%. Applying the proposed tax levy to the estimated tax capacity results in a tax rate of 16.22%, which is a substantial reduction from the 2004 level of 17.641 %. Using this tax rate, the City ’s share of the property tax bill on a home valued at $300,000, assuming a 10% value increase, will increase by S6.03, or 1.1%. For a home valued at $800,000, the City ’s share of the property tax bill will increase by $37.86, or 2.5%. Tax Levy The total tax levy required to fund the proposed 2005 budget is $3,461,670. This is an increase of $263,740, or 8.25 % over the 2004 levy. Tlie breakout of the use of tax levy revenues by fund is shown on the attached chart titled Tax Levies. The General Fund expenditures have the greatest impact on the proposed tax levy. In addition, the Infrastructure levy in the PIR Fund (for street rehabilitation) has been increased from $35,450 to $69,950. The tax levy required to fund the proposed 2005 General Fund budget is $3,005,470. This is an increase of $354,240. or 13.36% over the 2004 levy amount. Of this amount. $80,000 is not a levy increase, but rather is a shifting of tax levy from the Impro\ emcnt and Equipment Outlay Fund to the General Fund. Excluding the $80,000 of expenditures shifted to the General Fund, the levy increase is $274,240, or 10,3%. General Fund Bu dget Expenditures The proposed expenditures in the General Fund arc having the greatest impact on the tax levy. The proposed 2005 General Fund expenditures are $5,132,950. This is an increase of $431,460, or 9.18% over the 2004 budget. The largest expenditure increase is the transfer of $80,000 of vehicle replacement expenditures from the Improvement and Equipment Outlay Fund to the General Fund. The other main items causing the General Fund expenditure increase include the addition of a police investigator and a narcotics investigator, the addition of a part-time Finance Clerk, annual compensation adjustments, Navarre Fire Station operating costs, and funding for consultant assistance related to the turnback of current Highw ay 12 from the State to the County. Adoption cf Final 2005 Budg et and Fax Levy* It is recommended that the Council adopt the 2005 budget and tax levy at this time. The necessary resolutions are attached for Council adopMcn. CITY OF ORONO FAX LEVIES Actual 2004 vs Proposed 2005 Proposed 2005 Increase (Decrease) Actual Proposed From Actual 2004 TAX LEVIES 2004 2005 Amount Percent General Fund General Levy $2,509,684 (a)$3,005,470 General Add Back 60% of aids reduction 38,216 (a)- General Fund - PERA Rate Increases 5,540 t eneral Fund - COPS Grant Decrease 14,790 — General Fund - Capital Equipment Cert.83,000 Total General Fund Levy SL65I,23|^$3,005,470 $354,240 13.36% Infrastructure (PIR)35,450 (a)69,950 34,500 97.32% Park Land Acquisition and Development 5,000 (a)5,000 0 0.00% Imp & Equip Outlay - Capital Equip Cert 125,000 —(125,000)-100.00% 1997 Improvement Bond Debt Service 18,000 18,000 0 0.00% 1999 Improvement Bond Debt Service 5,000 5,000 0 0.00% 2003 Imp Refunding Bond Debt Service 35,000 35.000 0 0.00% 1998 HRA Refunding Bond Debt Service 250,000 250,000 0 0.00% 2003 Fire Facility and Equipment Bond Debt Service 73,250 73,250 0 0.00% Total All Other l.«vics $546,700 $456,200 ($90,500)-16.55%^ TOTAL TAX LEVIES FOR ALL PURPOSES S3,l97j^30 $3,461,670.$263,740 8.25%. -~= Total ‘'levy limit"(a)N/A riw*lMptVWoy' fa> U4«4ft CC l‘M lii City of Orono Tax Capacity, Ijocal Levy, & Tax Capacity Rates ^05 Over (Under) ^04 TAX CAPACITY Actual 2m Estimated 2Q05 Amoiinl Percent Real Estate $18,108,033 $21,341,620 $3,233,587 17.86% Personal Property 120,534 132,587 12,053 10.00% Deduct Tax Increments (60,625)(66,688)(6,063)10.00% Deduct Contrib Fiscal Disp (279,146)(307,061)(27,915)10.00% Add Distribution Fiscal Disp 219,720 241,692 21,972 10.00% Net Tax Capacity (To calculate rate)$18,108,516 ..$21,342,15J_$3,233,635 17.86% LOCAL LEVY Total levy all funds $3,197,930 $3,461,670 $263,740 8.25% TAX CAPACITY RATES General Revenue 14.624%14.012%-o.6i:-4.19% PIR Infrastucture-Storm Sewer / Roads 0.196%0.398%0.202%103.20% Parks - Land Acquisition & Development 0.028%0.023%-0.005%-16.33% Improve & iiquip • Capital l-!quipmcnt 0.690%0.000%-0.690%— Debt Service 0.320%0.272%-0.048%-1 5.07% HRA Building Bonds 1.379%1.171%-0.208%-15.06% Fire Facility & Equipment Bonds Debt 0.404%0.343%-0.061%— Total Local Tax Capacity Rate 17.641%^ 16.220%__ -J.421%-8.06% il'PCETao^TAXCAri.U) Market Value for 2004 |Ttnt£S liffect of 2005 'I'ax Levy & Budget on I lomes $300,000 $800.000 2004 2005 5% incr 2m 10% incr 2004 •2005 5% incr 2005 10% incr Eitimatcd Market Value $300,000 $315,000 $330,000 $800,000 $840,000 $880,000 Tax Capacity (Net) ♦3,000 3,150 3,300 8,750 9,250 9,750 Tax Capacity Rate 17.641%16.220%16.220%17.641%16.220%16.220% Net Tax $529.23 $510.93 $535.26 $1,543.59 $1,500.35 $1,581.45 $ Increase (Decrease) from 2004 —($18.30)$6.03 ($43.24)$37.86 % Increase (Decrease) from 2004 ..-3.5%1.1%-2.8%2.5% ♦ 2004 Tax Capacity (net) = t% of first $500,000 market value, plus 1.25% of all value over $500,000 2005 Tax Capacity (net) = l%of first $500,000 market value, plus 1.25% of all value over $500,000 ShwcavaiiM.i: rugos\ t orflK.m A RESOLUTION ADOPTING THE FINAL 2004 TAX LEVY COLLECTIBLE IN 2005 BE IT RESOLVED, by the City Council of the City of Orono, County of Hennepin, Minnesota, that the final 2004 Tax Levy Collectible in 2005, is detennined to be as follows; GENERAL LEVY General Fund - Operations PIR Fund • Infrastructure • Roads Park Fund • Land Acquisition & Development TOTAL GENERAL LEVY $3,005,470 69,950 5.000 $3.080.420 BONDED DEBT AND CERTIFICATES OF INDEBTEDNESS G.O. 1997 Sewer Improvement Bond G.O. 1999 Sewer Improvement Bond G.O. 2003 Sewer Improvement Refunding Bond TOTAL BONDED INDEBTEDNESS $ 18,000 5.000 35.000 $ 58.000 BONDS OF OTHER GOVERNMENTAL UNITS H.R.A. Refunding Bond 1998 H.R.A. Fire Facility and Equipment Bond 2003 $ 250,000 73.250 TOTAL BONDS OF OTHER GOVERNMENTAL UNITS $ 323.250 TOTAL ALL LEVIES $3.461.670 The City Clerk is hereby instructed to transmit a certified copy of tliis resolution to the County' Auditor of Hennepin County, Minnesota. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held December 13,2004. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson. Mayor TbMXJUMlijnomvFiMl Levy mm A RESOLUTION TO ADOPT THE 2005 GENERAL FUND BUDGET BE IT RESOLVED, by the City Council of the City of Orono, County of Hennepin, Minnesota that the 2005 General Fund budget is determined to be as follows: FSTIMATED REVENUES Taxes - General $3,005,470 Licenses and Permits 368,530 Intergovernmental 225,850 Charges for Ser\’ices 1,383,550 Fines and Forfeits 98,850 Interest Income 31,000 Miscellaneous 19.700 TOTAL $5.132.950 APPROPRIATED EXPENDITURES General Government $1,047,420 Public Safety 3,065,140 Street Maintenance 494,950 Parks and Recreation 53,550 Recycling Program 90,800 Engineering - Unallocated 11,300 Reimbursable Expenditures 73,790 Special Projects and Contingency 55,000 Capital Outlay 116,000 Transfers To Other Funds 125.000 TOTAL $5,132,950 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held December 13,2004. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor 2005 GwFd BirfiM PM A RESOLUTION TO ADOPT THE 2005 SPECIAL REVENUE FUNDS BUDGETS BE IT RESOLVED, by the City Council of the City of Orono, County of Hennepin, Minnesota that the 2005 Special Revenue Funds budgets are determined to be as follows: Estimated Revenues Park Improve & Equio Outlay Community Investment Taxes - General $ 5,000 $$ Interest Income 3,750 9,450 54,590 User Fees / Loan Payment 9,100 - - Park Dedication Fees 30,000 - -• — Transfers from other Funds - -45,000 - - Use of Fund Balance Total Revenues • •• -65.410 S 38.750 S 63.550 imm Appropriated Expenditures General Government $$ 16,800 Public Safety m •1,800 • " Streets - •- •*• *“ Parks & Recreation m m - • Transfers to other Funds m m - -120,000 Increase to Fund Balance 38.750 44.950 - - Total Expenditures S 41.000 S 186.100 S 120.000 Adopted by the City Council of the City of Orono, Mimiesota at a regular meeting held December 13,2004. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Mu J ficcTiMr; 13EC ^ ^ 2004 REQUEST FOR COUNCIL ACTION Cii Y or ChOtsO DATE: December 10,2004 ITEM NO: Department Approval: Name RonMoorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator’s Report Item Description: Consider the Award of the Sale of $920,000 General Obligation Sewer Improvement Refunding Bonds - Resolution At the December 13 Council meeting, Carolyn Drude, the City’s Bond Consultant, will present information regarding the results of the solicitation of proposals for the sale of sewer improvement refunding bonds, as well as a resolution awarding the sale of General Obligation Sewer Improvement Refunding Bonds. COUNCIL ACTION REQUESTED: Motion to adopt a resolution regarding the award of the sale of General Obligation Sewer Improvement Refunding Bonds. I i • Extract of Minutes of Meeting of the City Council of the City of Orono Hennepin County, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Orono, Minnesota, was duly held at the City Hall in the City, on Tuesday, December 13,2004 at 7:00 o’clock P.M. The following member^ were present: and the following were absent: * * ** * ** * * The Mayor announced that the meeting was convened for the purpose of considering proposals for the purchase of $920,000 General Obligation Improvement Refunding Bonds, Series 2004B. * * ** * *« • * Tlie City Clerk then presented the proposals received prior to 12:00 o’clock Noon pursuant to tlie Terms of Proposal for the General Obligation Improvement Refunding Bonds, Series 2004B. These were examined and found to be as follows: Name of Bidder Interest Rates SEE ATTACHED Purchase Price Member introduced the following written resolution and moved its adoption: ** ^ RESOLUTION AWARDING SALE OF S920,000 GENERAL OBLIGATION SEWER IMPROVEMENT REFUNDING BONDS, SERIES 2004B; FIXING THE FORM AND SPECIFICATIONS THEREOF, PROVIDING FOR THEIR EXECUTION AND DELIVERY. AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED by the City Council of the City of Orono, Minnesota, as follows: 1. The proposal of (the “Purchaser’’) to purchase the $920,000 General Obligation Improvement Refunding Bonds, Scries 2004B of the City at a price”of S_______________plus accrued interest is hereby found and determined to be the best proposal received and shall be and is hereby accepted, said offer being to purchase Bonds bearing interest according to year of maturity as follows: Maturity (February 1) .2006 2007 2008 2009 Interest Maturity Interest Rate (February 1) Rate % 2010. % 2011 2012 2013 2. To provide funds to refund the City’s outstanding General Obligation Improvement Bonds, Series 1997 (the “Prior Bonds’’), which were issued to finance certain local improvements of the City pursuant to the authority of Chapter 429, Minnesota Statutes, referred to as North Long Lake and Long Lake County Club Sanitary Sewer Improvements, Bay Ridge Hartwood and Brackett’s Point Sanitary Sewer and Orono Ice Arena Sevver and Water (the “Improvements”), die City hereby determines that it is necessary and expedient to issue pursuant to Minnesota Statutes, Chapter 429 and Section 4 75.67, its negotiable General Obligation Improvement Refunding Bonds, Series 2004B (the “Bonds”) in the aggregate orincipal amount of $920,000, dated December 29,2004, which Bonds shall bear interest at the rates above set forth, computed on the basis of a 360-day year of twelve 30-day months, payable August 1,2005 and semiannually thereafter on February 1 and August 1 in each year, and shall mature serially on February 1 in the years and amounts, as follows: Year 2006 2007 2008 2009 Amount $105,000 105.000 110.000 110,000 Year 2010 2011 2012 2013 Amount $120,000 120,000 125.000 120.000 *. f ■ I ♦ •All Bonds maturing on or after February 1,2011, are subject to redemption and prior payment in whole or in part in such order as the City may determine and by lot within a maturity at the option of the City on February 1,2010, and any date thereafter at par and accrued interest. In the event of redemption by lot of Bonds of like maturity, the Bond Registrar shall assign to each Bond of such maturity then outstanding a distinctive number for each $5,000 of the principal amount of such Bonds and shall select by lot in the manner it determines the order of numbers, at $5,000 for each number, for all outstanding Bonds of like maturity. The order of selection of Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected, but only so much of the principal amount of each Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. The Bonds shall be numbered R-1 upwards in order of issuance or in such other order as the Registrar may determine and shall be in the denomination of $5,000 each or any integral multiple thereof not exceeding the amount maturing in any year. 3. The Bonds, the Registrar’s Authentication Certificate and the form of assignment shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO No.$ GENERAL OBLIGATION IMPROVEMENT REFUNDING BOND, SERIES 2004B Interest Rate Maturity Date of Original Issue December 29, 2004 CUSIP Registered Owner: Principal Amount: The City of Orono, Hennepin Coimty, Minnesota, for value received, hereby promises to pay to the Registered Owner specified above, or registered assigns, the Principal 1 • W fl i !i ; 1 : i u .• V r Amount specified above on the maturity date specified above, upon the presentation and surrender hereof, and to pay to the Registered 0^^^ler hereof interest on such Principal Amount at the Interest Rate specified above from December 29, 2004, or the most recent interest payment date to which interest has been paid or duly provided for as specified below, on February 1 and August 1 of each year, commencing August 1,2005, until said principal amount is paid. Principal is payable in lawful money of the United States of America at the office of U.S. Bank National Association, in St. Paul, Minnesota, as Bond Registrar or of its successor as Bond Registrar designated by the City upon 60 days’ notice to the registered owners at their registered addresses. Interest shall be paid on each February I and August 1 interest payment date by check or draft mailed to the person in whose name this Bond is registered at the close of business on the 15th day of the month preceding each interest payment date (whether or not a business day) at said person ’s address set forth on the registration books maintained by the Bond Registrar. Any such interest not punctually paid or provided for will cease to be payable to the owner of record as of such regular record dates and such defaulted interest may be paid to the pei. <*n m whose name this Bond shall be registered at the close of business on a special record date for the payment of such defaulted interest established by the Bond Registrar. The Bonds of this series maturing on or after February 1,2011, are subject to redemption at the option of the City, in whole or in part in such order as the City may determine and by lot within a maturity, on February 1, 2010 and any date thereafter at par and accrued interest. Tliirty days’ notice of prior redemption will be given by mail to the bank where the Bonds are payable and to the registered owners in the manner provided by Chapter 475, Minnesota Statutes. Any defect in mailing notice of redemption shall not affect the validity of the proceedings for redemption. Any Bond called for redemption, and for the payment of which moneys are set aside by the City on the redemption date, shall not bear interest after the redemption date, regardless of any delay in its presentation. During such time as this Bond is registered in the name of Cede & Co., as nominee of Depository Trust Company New York, New York (“DTC”), the method of payment, notice of redemption and certain other matters are subject to the terms of a Blanket Letter of Representation executed by the City and DTC as such Letter may be amended from time to time. This Bond is one of an issue of Bonds in the aggregate principal amount of $920,000, all of like date and tenor except as to maturity, interest rate and redemption privilege, issued pursuant to and in full conformity with the Constitution and Laws of the State of Minnesota, including Section 475.67 and Chapter 429, Minnesota Statutes, tor the purpose of providing funds to refund the City’s outstanding General Obligation Improvement Bonds, Series 1997 which were issued to finance the City’s 1997 improvement projects identified in the Resolution described below; and this Bond is payable primarily from taxes levied and special assessments levied with respect to such improvements, but this Bond constitutes a general obligation of the City and to provide moneys for the prompt and full payment of said principal and interest as the same become due the full faith and credit of the City is hereby irrevocably pledged, and the City will levy additional ad valorem taxes on all r— taxable property in the City, if required for such purpose, without limitation as to rate or amount. This Bond is transferable, as provided by the Resolution of the City Council authorizing the issuance of the Bonds of this series adopted December 13, 2004 (the “Resolution”) only upon books of the City kept at the office of the Bond Registrar by the Registered Owner hereof in person or by the Registered Owner's duly authorized attorney, ..t upon surrender of this Bond for transfer at the office of the Bond Registrar, duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Bond Registrar duly executed by, the Registered Owner hereof or the Registered Owner’s duly authorized attorney, and, upon payment of any tax, fee or other governmental charge required to be paid with respect to such transfer, one or more fully registered Bonds of the series of the same principal amount, maturity and interest rate will be issued to the designated transferee or transferees. The Registered Owner of this Bond may be treated as the absolute owner hereof for all purposes. The Bonds of this series are issuable only as fully registered bonds without coupons in denominations of $5,000 or any integral multiple thereof not exceeding the principal amount maturing in any one year. As provided in the Resolution and subject to certain limitations therein set forth, the Bonds of this series are exchangeable for a like aggregate principal amount of Bonds of this series of a different authorized denomination, as requested by the Registered Owner or the owner’s duly authorized attorney upon surrender thereof to the Bond Registrar. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Con.stitution and laws of the State of Minnesota to be done, to happen and to be performed precedent to and in the issuance of this Bond have been done, have happened and have been performed in regular and due form, time and manner as required by law and that this Bond, together with all other indebtedness of the City outstanding on the date of its issuance, does not exceed any constitutional or statutory limitation of indebtedness, This Bond shall not be valid or become obligatory for any purpose until the Certificate of Authentication and Registration hereon shall have been signed by the Bond Registrar. IN WITNESS WHEREOF, the City of Orono, Minnesota, by its City Council, has caused this Bond to be executed in its behalf by the facsimile signature of the Mayor and by the facsimile signature of the City Clerk, all as of the Date of Original Issue specified above. i ^ H .i • - . »• r-# V * Dated: December 29,2004 (Facsimile Signature! Mayor (Facsimile Signature) City Clerk ' • Bond Registrar’s Certificate of Authentication and Registration This is one of the Bonds described in the within mentioned Resolution and this Bond has been registered as to principal and interest in the name of the Registered Owner identified above on the registration books of the City of Orono, Mirmesota. U.S. BANK NATIONAL ASSOCIATION Bond Registrar Authorized Signature ASSIGNMENT FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto (Please Print or Typewrite Name and Address of Transferee) the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints_______________attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: Please insert Social Security Number or other identifying number of Assignee Notice: The signature to this assignment must correspond with the name as it appears on the face of this Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signatures must be guaranteed by a national bank or trust company or by a brokerage firm having membership in one of the major stock exchanges. 4. The Bonds shall be payable upon presentation at the office of U.S. Bank National Association, in St. Paul, Minnesota, as Registrar and Paying Agent, or at the ofTtces of such other successor agents as the City may hereafter designate upon 60 days’ mailed notice to the registered owners at their registered addresses. Interest shall be paid by check or draft of the Registrar mailed to the registered owners at their addresses show n on the registration books on each interest payment date unless other arrangements satisfactory to the Bond Registrar the City and the registered ow ners of Bonds arc made. The City shall deposit funds with the Bond Registrar at the time and in the manner necessary to provide for the full and prompt payment of such principal and interest. 5. The Bonds shall be prepared in typewritten or printed form under the direction of the City Clerk and w hen so prepared shall be executed on behalf of the City by the facsimile signature of the Mayor and by the facsimile signature of the City Clerk. The Bonds shall not be valid for any purpose until authenticated by the Bond Registrar. 1 he Bond Registrar is authorized and directed to register the Bonds initially issued hereunder in such names as the purchaser may direct. The Bonds initially issued hereunder shall be registered as of December 29, 2004, and all Bonds issued in exchange therefor shall be registered as of such date, or, if issued after the first payment date, as of the most recent interest payment date on which interest was paid or duly provided for. When the Bonds shall have been so prepared and executed, tliey shall be delivered by the Finance Director in exchange for the purchase price and upon receipt of the signed legal opinion of Faegre & Benson, as Bond Counsel, and the purchaser shall not be required to see to the proper application of the proceeds. 6. (a) For purposes of this paragraph 6, the following terms shall have the following meanings: •«* iw t| • t •I'r ' . “Beneficial Owner” shall mean, whenever used with respect to a Bond, the person recorded as the beneficial owner of such Bond by a Participant on the records of such Participant, or such person ’s subrogee. “Cede & Co.” shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. “DTC” shall mean Depository 'frust Company New York, New York. “Participants” shall mean those broker-dealers, banks and other financial institutions for which DTC holds Bonds as securities depository. “Representation Letter” shall mean the Blanket Letter of Representation from the City to DTC, heretofore approved by this Council. (b) Tlie Bonds shall be initially issued as separate authenticated fully registered bonds, and one Bond shall be issued in the principal amount of each stated maturity of the Bonds. Upon initial issuance, the ownership of such Bonds shall be registered in the bond register of the City kept by the Registrar in the name of Cede & Co., as nominee of DTC. The Registrar and the City may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal of or interest on the Bonds, selecting the Bonds or portions thereof to be redeemed, giving any notice permitted or required to be given to registered owners of Bonds under this Resolution, registering the transfer of Bonds, and for all other purposes whatsoever; and neither the Registrar nor the City shall be affected by any notice to the contrary. Neither the Registrar nor the City shall have any responsibility or obligation to any Participant, any person claiming a beneficial ownership interest in the Bonds under or through DTC or any Participant, or any other person which is not shown on the registration books of the Registrar as being a registered ow'ner of any Bonds, with respect to the accuracy of any records maintained by DTC or any Participant, with respect to the payment by DTC or any Participant of any amount with respect to the principal of or interest on the Bonds, with respect to any notice which is permitted or required to be given to owners of Bonds under this Resolution, w ith respect to the selection by DTC or any Participant of any person to receive payment in the event of a pailial redemption of the Bonds, or with respect to any consent given or other action taken by DTC as registered owner of the Bonds. The Registrar shall pay all principal of and interest on the Bonds only to Cede & Co. in accordance with the Representation Letter, and all such payments shall be valid and effective to fully satisfy and discharge the City’s obligations with respect to the principal of and interest on the Bonds to the extent of the sum or sums so paid. No person other than DTC shall receive an 8 authenticated Bond for each separate stated maturity evidencing the obligation of the City to make payments of principal and interest. Upon delivery by DTC to the Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to such new nominee in accordance with subparagraph (1) hereof. (c) In the event the City determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bond certificates, the City may notify DTC and the Registrar, whereupon DTC shall notify the Participants, of the availability through DTC of Bond certificates. In such event, the Bonds will be transferable in accordance witlt subparagraph (0 hereof DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and the Registrar and discharging its responsibilities w ith respect thereto under applicable law’. In such event the Bonds will be transferable in accordance with subparagraph (0 hereof (d) Notwithstanding any other provision of this Resolution apparently to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee ot DTC, all payments with respect to the principal of and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, to DTC as provided in the Representation Letter. (e) The execution and delivery of the Representation Letter to DTC by the Mayor or the City Clerk, is hereby ratified and confirmed and the terms of the Representation Letter are made applicable to the Bonds. The Representation Letter incorporate by reference certain matters with respect to, among other things, notices, consents and approvals by registered owners of the Bonds and Beneficial Owners and payments on the Bonds. The Registrar shall have the same rights with respect to its actions thereunder as it has with respect to its actions under this Resolution. (0 In the event that any transfer or exchange of Bonds is permitted under subparagraph (b) or (c) hereof such transfer or exchange shall be accomplished upon receipt by the Registrar from the registered ow ners thereof of the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee in accordance w ith the provisions of paragraph 7 hereof 7. As long as any of the Bonds issued hereunder shall remain outstanding, file City shall maintain and keep at the office of the Bond Registrar an office or agency for the payment of the principal of and interest on such Bonds, as in this Resolution provided, and for the registration and transfer of such Bonds, and shall also keep at said olfice of the Bond Registrar books for such registration and transfer. Upon surrender for transfer of any Bond at the office of the Bond Registrar with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or the owner ’s duly authorized attorney, and upon payment of any tax, fee or other governmental charge required to be paid with respect to such transfer, the City shall execute and the Bond Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more fully ' registered Bonds of the same scries, of any authorized denominations and of a like aggregate principal amount, interest rate and maturity. The Bonds, upon surrender thereof at the office of the Bond Registrar, may, at the option of the registered owner thereof, be exchanged for an equal aggregate principal amount of Bonds of the same maturity and interest rate of any authorized denominations. In all cases in which the privilege of exchanging Bonds or transferring fully registered Bonds is exercised, the City shall execute and the Bond Registrar shall deliver Bonds in accordance with the provisions of this Resolution. For every such exchange or transfer of Bonds, whether temporar>' or definitive, the City or the Bond Registrar may make a charge sufficient to reimburse it for any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer, which sum or sums shall be paid by the person requesting such exchange or transfer as a condition precedent to the exercise of the privilege of making such exchange or transfer. Notwithstanding any other provision of this Resolution, the cost of preparing each new Bond upon each exchange or transfer, and any other expenses of the City or the Bond Registrar incurred in connection therewith (e.xcept any applicable tax, fee or other governmental charge) shall be paid by the City. The City and the Bond Registrar shall not be obligated to make any such exchange or transfer of Bonds during the fifteen (15) days next preceding the date of redemption in the case of a proposed redemption of Bonds or to make any transfer during the fifleen (15) days next preceding any February 1 or August 1 interest payment date. 8. Interest on any Bond which is payable, and is punctually paid or duly provided for, on any interest payment date shall be paid to the person in whose name that Bond (or one or more Bonds for which such Bond was exchanged) is registered at the close of business on the 15th day of the month preceding such interest payment date. Any interest on any Bond which is payable, but is not punctually paid or duly provided for. on any interest payment date shall forthwith cease to be payable to the registered holder on the relevant regular record date solely by virtue of such holder having been such holder; and such defaulted intere.st may be paid by the City in any lawful manner, if, after notice given by the City to the Bond Registrar of the proposed payment pursuant to this paragraph, such payment shall be deemed practicable by the Bond Registrar. Subject to the foregoing provisions of tliis paragraph, each Bond delivered under this Resolution upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond and each such Bond shall bear interest from such date that neither gain nor loss in interest shall result from such transfer, exchange or substitution. 9. As to any Bond, the City and the Bond Registrar and their respective successors, each in its discretion, may deem and treat the person in whose name the same for the time being shall be registered as the absolute owner thereof for all purposes and neither the City nor the Bond Registrar nor their respective successors shall be affected by any notice to the contrary. Payment of or on account of the principal of any such Bond shall be made only to or upon the order of the registered owner thereof, but such registration may be changed as above provided. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. 10. Tliere is hereby created a special fund, to be known as the Refunding Bonds of 2004B Fund, for purpose of paying principal and interest on the Bonds, and in the event the principal of and interest upon the said Bonds shall become due and payable and there are insufficient moneys in said fund to pay such principal and interest, the City Treasurer is authorized and directed to pay said principal and interest from the general fund and thereafter to reimburse said general fund from collections of special assessments for the Improvement. The proceeds of the Bonds herein authorized shall be deposited in a separate account to be used with other available funds, solely for the redemption of the Prior Bonds on February 1, 2005. Any remaining proceeds may be used for any lawful purpose. All future collections of special assessments for the Improvements are hereby irrevocably appropriated and pledged to the payment of principal of and interest on the Bonds herein authorized, and the moneys and investments in the Refunding Bonds of 2004B Fund shall be used for no other purpose than to pay principal and interest on the Bonds until such principal and interest shall have been paid in full; provided, however, that nothing herein contained shall prevent the issuance and sale of additional bonds payable from the proceeds of such assessments to provide additional funds to pay the balance of the cost of said Improvements. The City is hereby authorized to levy assessments for any of said Improvements for which special assessments have not heretofore been levied. The City Treasurer may create separate accounts within the Refunding Bonds of2004B Fund for any capitalized interest and for assessment prepayments. 1 1 . There is hereby levied upon all the ta,\able property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected as part of other general ad valorem taxes of the City in the years and amounts as follows: Lew Year Collection Year 2004 2005 2005 2006 2006 2007 2007 2008 2008 2009 2009 2010 2010 2011 2011 2012 Amount Said levy shall be irrepealable and the taxes so levied are irrevocably appropriated to the debt service fund, but the City reserves the right to reduce said levy in the manner and to the extent permitted by Minnesota Statutes, Section 475.61 . It is hereby found and determined that the foregoing taxes, if collected in full, will, together with the estimated collection of pledged special assessments, produce at least five percent in excess of the amount needed to meet when due the payments of principal and interest on the Bonds; but the Bonds are general obligations of the City to which the full faith, credit and unlimited taxing powers of the City have been and are hereby pledged; and 4 i ;■ » -t • fci the City Council shall levy additional general ad valorem taxes on all taxable property in the City, if necessary, to pay the principal of and interest on the Bonds when due. 12. The City Clerk is authorized and directed to prepare and furnish to the purchaser and to the attorneys approving the Bonds, certified copies of all proceedings and records relating to the issuance of said General Obligation Improvement Refunding Bonds, Series 2004B and to the right, power and authority of the City and its officers to issue the same, and said certified copies and certificates shall be deemed the representations of the City as to all matters stated therein. 13. The Official Statement relating to the Bonds, on file in the office of the Clerk and presented to this meeting, is hereby approved and its designation as a “near final” Official Statement for purposes of Rule 15c2-12 of the Securities and E.xchange Commission and the furnishing thereof to prospective purchasers of the Bonds are hereby ratified and confirmed, insofar as the same relates to the Bonds and the sale thereof. 1 he Continuing Disclosure Certificate included in the Official Statement is hereby approved and shall be executed and delivered in connection with the delivery of the Bonds. The Continuing Disclosure Certificate constitutes a contractual obligation in accordance with its terms. 14. The officers of the City are hereby authorized and directed to prepare and furnish to the Secretary of the Treasury a statement meeting the information reporting requirements of Section 149(c) of the Internal Revenue Code of 1986, as amended (the “Code”), by the 15th day of the second calendar month after the close of the calendar quarter in which the Bonds are issued. 15. 1 he City shall not take or permit any action that would cause the Bonds to be “private activity bonds” within the meaning of Section 141 of the Code. The City shall comply with the reba’e requirements imposed under Section 148(f) of the Code and regulations thereunder ..mding (if applicable) the requirement to make periodic calculations of the amount subject to rebate thereunder and the requirement to make all required rebates to the United States. The City Clerk and City Administrator of the City is hereby authorized to make on behalf of the City all elections that they may deem necessary and expedient under Section 148 of the Code. In addition, the City shall make no investment of funds that would cause the Bonds to be “arbitrage bonds” within the meaning ot Section 148 of the Code and regulations thereunder and will restrict the yield on amounts which are replacement proceeds of the Bonds to the extent necessaiy for that purpose. All terms used in this paragraph 15 shall have the meanings provided in the Code and regulations tliereunder. 16. The Bonds are hereby designated qualified tax exempt obligations for purposes of Section 265(b)(3) of the Code. 17. The Prior Bonds are called for redemption and prior payment on February 1, 2005 and the Clerk shall give notice thereof as required by law and tlie terms of the Prior Bonds. In addition to the proceeds of the Bonds, funds available in the accounts maintained for the Prior Bonds are appropriated for that purpose. »iTiT*nr^ ^[irafiiriTO w ■ns PWi] ^ V« m m mi\ I L« v«L« [•] •iw] niWiUTv luii uiai \vuuiu caubc ulc ljunub 41 of the Code. The City shall 48(f) of the Code and rnt to make periodic L* requirement to make all i Administrator of the City is hat they may deem necessary' : City shall make no investment vithin the meaning ol Section le yield on amounts which are ' that purpose. All terms used in dc and regulations thereunder. led tax exempt obligations for on and prior payment on quired by law and the terms of nds available in the accounts 3 I, t t STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS. CITY OF ORONO ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Orono, Minnesota, hereby certify that I have carefully compared the attached and foregoing extract of minutes of a meeting of the City Council of said City held December 13,2004 with the original thereof on file and of record in my office and the same is a full, true and complete transcript therefrom insofar as the same relates to the issuance and sale of $920,000 General Obligation Improvement Refunding Bonds, Series 2004B of said City. WITNESS My hand officially and the seal of the City this_of December, 2004. City Clerk City of Orono, Minnesota (Seal) Ml 1163397.01 4 4 .1 Date Application Received: 12-17-03 Date Application Considered as Complete: 11-16-04 120-Day Review Period Expires: 3-15-05 REQUEST FOR COUNCIL ACTION atrrcTIMn DEC 1 5 2004 Cl IY or Oko.vJ Date: December 8, 2004 Department Approval: Name: Janice Gundlach^l Title: City Planner Administrator Approval: Item No.:7 Agenda Section: Zoning Item Description: #03-2937, Robert Morlock, 980 North Shore Drive West Final Plat - Resolution Zoning District: Lot Area: Lot Width: RR - 1B, One Family Rural Residential District (2 acre minimum) 4.067 acres 476 feet List of Exhibits . . A - Final Plat Resolution B - Written Request for Extension C - Final Plat D - Lot 1 and Lot 2, Block 1 Conservation Ea.sement Documents E - Preliminary Plat Resolution No. 5047 Application Summary: Applicant requests an extension to the preliminary plat approved September 22,2003 and expiring September 22, 2004 for a 2-lot subdivision at 980 North Shore Drive. In conjunction with the extension the applicant is also requesting final plat approval in order to create two lots on one block to be known as Englund Third Addition. The applicant has submitted all final plat requirements as outlined in lire preliminary plat resolution including the record plat drawings, conservation easement documents, title opinion, and the following fees: -final plat fee: $200 -legal review and filling fee; $200 -park dedication fee: $5,550 -storm water and drainage trunk fee: $10,800 I'hc mylars have been submitted and arc ready for signature. • • ' . * Staff Recommendation Approval per the attached Resolution. COUNCIL ACTION REQUESTED Adopt the attached Resolution granting final plat approval for 980 North Shore Drive, A RESOLUTION APPROVING THE PLAT OF ENGLUND THIRD ADDITION FILE NO. 03-2937 WHEREAS, The City of Orono is a municipal corporation organized and existing under the laws of the Stale of Minnesota; and WHEREAS, the City Council of the City of Orono (hereinafter “City Council”) has adopted subdivision and land development regulation for the orderly, economic and safe development of land witliin the City; and WHEREAS, the City Council has considered the application by Bobbie D. Morlock and Nita D. Morlock, husband and wife (hereinafter the “applicants”) for subdivision of property location at 980 North Shore Drive West and legally described as follows: Lot 2. Block 1, ENGLUND ADDITION. Hennepin County. Minnesota (hereinafter tlie “property”); and WHEREAS, on September 22,2003 the City Council adopted Resolution No. 5047 granting Preliminary Plat Approval for the proposed development of a two-lot plat for single family residential purposes; and WHEREAS, the applicants have completed or have agreed to complete all other requirements of the platting regulations of the City including: 1. Completion of all platting requirement of Preliminary Plat Resolution No. 5047. 2. Dedication on the plat of perimeter Drainage and Utility Ea.scment as required in Resolution No. 5047. 3. Granting of the standard Flowagc and Conser\'ation Easement over the northerly 20 feet of both Lots 1 and 2 for the purposes of slowing stonn water runoff. Page 1 of 3 4. Submittal of Minnehaha Creek Watershed District (MCWD) permit approving the grading and stormwater management plan for development of the Property. 5. Payment to the City of Park Dedication Fee, Stormwater and Drainage frunk Fee. final plat review fees and legal review and filing fees as identified within Resolution No. 5047. 6. Provision to the City of a title opinion for the Property and certified copies of '•’.I recorded easement currently affecting the Property. 7. Submittal of any grading plan revision that may be required by the City Engineer. NOW, THEREFORE BE IT RESOLVED that based on the findings of Resolution No. 5047, the City C'ouncil of the City of Orono does hereby approve the plat of ENGLUND I'lllRD ADDl'llON, Hennepin County, Minnesota subject to the following coiulitions: 1. Applicants shall comply with all conditions of Resolution No. 5047. 2. The City Clerk shall release the plat documents for filing only upon certification by the City Attorney, Planning Director, and City Engineer that all requirements of the platting regulations have been satisfied. i 3. The aforesaid plat shall be filed by the City of Orono with the Hennepin County Registrar of Titles Office on or before June 13, 2005 together with a certified original copy of this resolution and c.xccuted copies of the easements and covenants pertinent thereto. 1 he approval granted by this Resolution shall expire if the conditions of this Resolution have not been met or the plat has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivi.sion review. Page 2 of 3 Adopted by the Orono City Council on the 13'*’ day of December, 2004, ATTEST; Linda S. Vee, City Clerk Barbara A. Peterson, Mayor STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 13* day of December, 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 - ^ - • • « % . I % • ^municipal corporation and said instrument was executed on behalf of the ,Uty. Notary Public Page 3 of 3 ■liimniwiiini !. > October 12,2004 Bob Morlock 5020 Page Ave NE St. Michael, MN 55376 Janice Gundlach City Planner City of Orono 2750 Kelley Parkway Orono, MN 55356 Dear Janice or to whom it may concern. This letter pertains to the property at 980 North Shore Drive in Orono, Minnesota, and the City Council Resolution File No 03-2937 I had obtained the preliminary approval for a Class HI subdivision of this property, and had one year from the preliminary approval to get the final plat completed. From the Icttfir I received dated December 24,2003,1 thought 1 had 12 months from the December dote to complete this. Because 1 was very busy with other projects, I didn’t get this done early before what I thought was the December deadline. When I went to the city last week, I was surprised to learn the actual deadline was earlier, and was one year from the date of September 22 when it was approved at the City Council meeting, instead of the date of the letter. I am requesting an extension for two months until December 22 to complete the final plat application and payment of the fees. I would sincerely appreciate the granting of this extension. Thank you,^ 612-743-2992 ENGLUND THIRD ADDITION 5cote In Fnt KflOW AU UtM BY JhTSC PRCSCST^ Pint Bebbtf ft Uoricck onB - hunbcnd OhB wttn, f§§ cmnnrt ot ihs hHo^lng dtttritnB properly $HuetoB In Vis Csvnt/ pf HsneippM, Stots of ykit^otofo^ to mft Lot 2. Bfock t, CNCLUHO ADOlTHH Honooph County ifhnototOL oetording to Vio AeeorB Pfet tnofoof. Hoim COUSOO Vo §omo to bo ourroyoO O0*d phltod oo OICLUNO POftO AOOmON and do boroOy donoto end dodkoto to th§ public for pubOe uto fctorot Vo dfobopo and uti/ty ov'omonto e» ofioon on tfio plot In mtVooo mfiefoot ootd Bobbfo 0. Uorfeck ond , boroonto oot Vole hands this _........., day of hudbond and edfo, heeo ------ 20_____ BoOOto a yortook STATT OF MMNfSOM COUNTY or________ UaefocM Pto foropolnp Inotrurnont »o§ ocknooAodgod bofaro mo thio 20 by Bobbd 0. IMoek ond _____________________ day of fH/obond and tnfo. Notary Pubdc, ______ . kly Commitolon Captoo .County yinnoooto I horeby corllfy that I horn ountoyod and phtlod tho land dooctfbod on this plat ot CNGIUNO PPRQ addition , that tn:§ piat tt e eonoct roprooontothn of ooid ourtoy tbot od d<olo»co$ aro torrocuy obeon on to*d plat In foot and hundrodtht of o foot; that ad monumontf hem boon eorroctly pieced In tho ground e$ ohoon on weld plot or wfW bo pfocod e§ rogutod u, Vo toed gemmfnontd un*t of dodgnetod on odd phi: oe^ thot tho eutwho boundary hneo ore cv^oetf/ dooignotod on odd pht. Pod f, Otto^ Lend Surmyer yku>9»ote Ueonta Whtmbor 40062 5TATI or umhczota COUNTY or mtCHT Po forogodg Surmyor'a Coetrtkoto wv§ bcMnomlodgod bofon mo tht§ ____day of 20 , by Pad f. etto, Land Surmyoe, IBnnototo Lkonoo Nuenbor 40062. Notary PubPe. YhigM County ymnoeoto Ny CammHdon Crpiroo _____________ OPONO. 'JiNStSOTA TVt pht ot tNCLUNO rwto ADOlPON mow wpptomd and occwptwd by Vw City Counei a! thw Oty of Oronoi Ntnnwwota, ot o rogdoe mwoting Vwroat hdd tMw __ day of ■ 20 If epdkOblo, Vw mrUtwn eommantw and rocommondothnw of Iha Cammlitionoe o* Trontperfotlon and Vo County Niamey inghwor ham toon rocoTmd by tno Cty or Vo prowermod JO day porfod hot o>epsod without rocokt of ouch commontw end ewccmmondotlony aw prodded by Ubwioweto Stetutox So^^thn 305. OJ. SubdUehn 2 OTY COUNCt or P€ OTY OT OPONa tUNNCSOTA Ueyof Adm^j'tlrotoe TAXPAYCP suidcrs OCPAPtUCNr, Nonaoph County Ulrutotota I hofoby coeVfy that tomt poyado In 20 and prior yoort hem boon pod for land dotcribod on vtw phi Doted VN _______day of____________________ ^0. Pai'kh H O' Connor. Hpw^ptn County Audtor By SUtver OldSlON honnoph County Uinnototo Pursuant to Nin^eeeto Stotyto See JSJO565 tN$ plot hot boon oppromd thm day bf_________________ 20_____ Mntom r. Brown. County Zury^y^ COUNTY PCCOPOCft. Newnepin County Unreteto I hereby certify thot Vo mtvin plot ot tNCLUNO ThBO AOOinON mow Nod In V^ bfmt V-iw ____day of ___ wa , . ot — . ■— o'choh —. u Utohool N CunnifL County Pocerdor ^ Deputy Deputy ssocwm CoglAMrf and Land Si/rvtyort, Inc. FLOW AGE AND CONSERVATION EASEMENT AGREEMENT AND WAIVER OF DAMAGES THIS INDENTURE, made and entered into this __day of 2004, by and between Uobbie 1). Moiiock and Nita D. Morlock. husband and wife, and its heirs, assigns, and successors (hereinafter collectively referred to as the Grantor) and tlic City of Orono, its successors and assigns, a municipal corporation under the laws of the State of Muuicsota (hcreiir.fter refened to as the Grantee.) WITNESSETH, Grantor, for and in consideration of the sum of One Dollar ($1.00) and other valuable consideration, herety covenant, grant, gift, quit claim and convey to grantee the right to restrict and grantor(s) agree to limit and preclude the use, improvement and development, under the conditions and covenants liercin contained, the following de.scribed Land in the County of Hennepin and State of Minnesota; Sec attached Exhibits A and A1 (hereinafter referred to as the “Easement Area”). I. Grantor hereby covenants and agrees: A. No structures shall be constructed, crcctcil, or placed upon, above, or beneath the b'a.semcnt Area including without limitation, fences, fireplaces, steps, d''cks, piers, hardcover or roads of any nature whatsoever, or any other stiuctine or improvement inconsi.stcnt with the natural state of tlie land. n. No trees, shrubs or other vegetation shall be destroyed, cut or removed from the Easement Area except as auUiori/xd by written consent of Grantee. C. No earth, loam, peat, gravel, soil or any other natural material or substance shall be moved or removed from the Easement Area and there shall be no excavation of any nature whatsoever or any change of the topograjdiy of the l-asement Area without the written consent of Grantee. D. No soil, sand, gravel or other substance or material as landfill shall be placed, dtimped or stored upon the b'asement Area and no waste, trash or garbage shall be placed, dumped or stored upon the Easement Area. H. No use shall Ik* inade of the Easement Area except uses, if any, which will not change or alter the natural condition of the Ea.sement Area, and no use which would tend to change the I • .. - drainage, erosion control, soil conservation, characteristics shall be made of the Easement Area. F. Grantee may enter upon the Easement Area for the purposes of inspection and enforcement of the covenants contained herein and to cause to be removed from the Easement Area without any liability any structures, uses, materials, substances, or uimatural matter inconsistent with the covenants contained herein and the natural state of the Easement. 2. Grantor hereby grant, gift, quit claim and convey to Grantee, a perpetual flowage easement and right and privilege to trespass over and upon any or all of the Easement Area. 3. Grantor herein do hereby remiss, release, acquit and forever discharge, forever, the Grantee and any and aU of its officers and employees of and from any and all claims, demand or causes of action of any kind or nature whatsoever which may arise or accrue by virtue of any flowage or U espass within terms of these agreements. In addition to any other remedy the grantee may have, the covenants and restrictions contained herein may be enforced by injunction. Grantor does not intend that the public should have any interest in the above Easement Area by virtue of this indenture or otherwise, except as hereinabove set forth. The Grantor herein certifies that the Easement Area herein described is free and clear of all encumbrances except: None. All provisions hereof shall run with the land and shall extend to and bind the heirs, successors, representatives, grantees or assigns of the respective parties hereto. GRANTOR; Bobbie D. Morlock and Nita D. Morlock, husband and wife. Bv:And: STATE OF MINNESOTA ) ( SS. COUNTY OF HENNEPIN ) On this day of , 2004, Bobbie D. Morlock and Nita D. Ni:tf'‘'ck, husband and wife, personally appeared before me, who is personally knotvn to me, Uiid who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed. Notary Public STATE DEED TAX DUE HEREON: $ This instrument is drafted by: City of Orono P.O. Box 66 Crystal Bay, MN 55323 Requested By: Bobbie Morlock Date: | 1 |Drawn By:Scale:Checked By: 10/20/04 DMA.P.E.O. Exhibit ,-NW comer of Lot 1, Block 1. ENGLUNO THIRD ADDITION / N. line of Lot 1, Block 1. ENGLUND THIRD ADDITION S89’X‘32’‘E X6.94 NE comer of Lot I, Block 1. ENGLUND THIRD ADDITION -------- Conservation Easement-------- area <• 6737.96 S.F. (/) I 9 O PROPOSED EASEMENT: An easement for conservation purposes over, under, and across the North 20.00 and the North 5.00 feet of the West 40.00 feet of sold Lot 1. &ock 1. jenotes iron monument found lenotes iron pipe set (orxoi^^ ind marked as shown: denotes soil boring o#»rrotntlon test hole lequested By: Bobbie Morlock Date: 10/20/04 Drawn By: D.N.A. Checked By: P.E.O. . .jereby certify tnot mis survey, plon, or report was prepared by me or under my direct supervision ond that I om o duly Licensed Land Surveyor under the lows of the Stateyiof Minnesota. Poul E. Otto. Date;License § 40062 Mfeb Site: wwwMtioassoclates,com TTO SSOCfATES Engineers and iMtS Surveyors, Inc. g Mfest OMsioa S(. Buflisf^ MN 5U13 Ph: (7S3)682-4727 Fax: (763)682-3522 Revised: V/e/04 D.H.K 9099. Job No. 1-03- 0379EX1 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO.fi. *>■ A RESOLUTION GRANTING PRELIMINARY APPROVAL OF A CLASS III SUBDIVISION FOR PROPERTY LOCATED AT 980 NORTH SHORE DRIVE WEST FILE NO. 03-2937 WHEREAS, Robert Morlock (hereinafter the “subdivider ”) on July 23, 2003, filed a foTnal subdivision application with the City for approval of a two lot residential plat of property legally described as: Lot 2, Block 1, ENGLUND ADDITION, Hennepin County, Minnesota (hereinafter “the property”); and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono ’s Zoning and Subdi\ision Codes, the Orono Planning Commission held a public hearing on August IS, 2003, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHERE.\S, at their regular meeting held on September 22,2003, the Orono City Council considered the subdivision application of the subdivider noting the following findings of fact: 1.The property is located within the RR - IB One Family Rural Residential Zoning District requiring a minimum of 2 acres of contiguous dry buildable land within each newly created lot. 2 The property contains a total of approximately 4.00 acres of'and. There are no wetlands on the property. 3.The proposed plat consists of two residential lots each meeting the minimum lot standard requirements of the RR - IB, One Family Rural Residential Zoning District, each meeting the minimum 2 acre lot area requirements and each having over 200’ in defined width at the street right-of-way. 4. Both lots will be served with septic systems and private wells. Page 1 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO.•' C 'i i 5.Lot 2 contains an e.xisting house with attached garage and two sheds, Lot 1 contains an existing septic tank, and an existing drain field area exists on both Lots 1 and 2, all of which must be removed or abandoned prior to any sale of Lots 1 or 2 into separate ownership. Lot 2 will be served off the existing drive access from CSAII 19 fls'orth Shore Drive). 7.Lot I will either have a shared driveway agreement with the property owner to the north or will obtain a permit from Hcmicpin County for a separate drive access to CSAH 19. S.Hennepin County has requested, and the City of Orono will require, dedication of a 7 foot wide trail casement beyond the 33 foot east half right of way along CS.Ml 19 (North Shore Drive) to accommodate a future trail as identified on the County Bicycle System Plan and the Oreno Open Space and Trail Plan. 9.Primary and alternate septic sites have been identified for pr oposed Lots 1 and 2. The •'•^mary and alternate septic sites for Lot 1 shall be shifted slightly to meet a minimum 10 fool setback to the dedicated trail casement. 10.20’ wide conservation easements shall be dedicated along the northern properly boundaries of both Lots 1 and 2 to enlrance water quality and slow stonn water runoff rates from the site. Should the applicant choose, an alternative plan can be submitted to achieve these goals in place of the conservation casement dedication for review and approval of the City Lngincer for Lot 2. NOW, TTlF.RErORE, BE IT RESOLVED, tb.at based upon one or more of the fiirdings noted above, the City Council of the City of Orono hereby approves the preliminary plat application of Robert Morlock at 9S0 North Shore Drive West per preliminary plat drawings by Paul Otto of Otto Associates Engineers and Land Surveyors, Inc., dated August 1, 2003, subject to the following conditions: 1.A private driveway casement with the property owner to the nonh of Lot I be submitted or a permit from Hennepin County be obtained for driveway access for Lot 1, prior to final plat approval Page 2 of 5 1 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO.b ^ 7 20 ’ wide conscr\'ation easements be dedicated along the northerly property boundaries of Lots I and 2 to enhance water quality and slow storm water nmoff rates from the site. Or, alternative plans achieving these same goals be submitted to the City for review and approval by the City Engineer. 3.The alternate and primary septic sites maintain a 10 foot setback liom dedicated 7 foot trail easement along CSAH 19 (North Shore Drive). 4.The developer shall grant to the City 10 foot perimeter drainage and utility easements. 5.The existing house with attached garage, sheds, septic tanl:, and trench septic area be removed or abandoned prior to sale of Lots I and 2 into separate ownerslup. 6. Payment of standard Park Dedication Fee for Lot 1, Block 1 . 7. 8. Payment of standard stonn water and drainage trunk fee for the property, Subdivider is hereby advised that preliminary subdivision approval will expire within one year of the date of City Council approval, September 22, 2004. Should the subdivider fail to complete the filing of the final plat application within the year deadline, it shall be necessary for the subdivider to file a new preliminary subdivision application with the City. Final Plat Submittals: The following list of final submittals must be submitted to the Zoning Administrator two weeks prior to the regularly scheduled City Council meeting on the second and fourth Mondays of the month. These submittals are as follows: 1.Record plat drawings in h^e form of two (2) mylar copies (one copy for the City’s records and one for filing with Hermepin County) and one (1) copy reduced to 1 ” = 200 ‘. Drawings to include; a. Lot lines platted per preliminary surx'ey by Paul Otto cf Otto Associates Engineers and Land Surveyors, Inc., dated August I, 2003. Page 3 of 5 ; ’ Tir f* -4 ' i CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. b. Dedication of drainage and utility easements 10’ wide along the exterior boundaries of property and 5’ along the internal lot lines, c. The naming of plat. 2. Legal documents required; a. Title opinion addressed to the City. All owners, mortgage holders or ''thers with property interest indicated therein shall sign the plat and all other documents affected by such interest. b. The applicant must provide certified copies of all recorded casements currently affecting the property. c. Signed and executed Developer ’s Agreement and letter of credit for approved site improvements. d. Signed and executed Drainage Easements' be taken over drainage way and detention a.eas within plat. 3. Fees to be paid: To*al due: $400.00 a. Final plat fee = $200.00 b. Legal review and filing fees for subdivison and associated documents = S200.00 c.*Park Dedication Fee: amount shall be determined as soon as City Assessor has placed a fair market value on the undeveloped land at the time of preliminary plat approval. The subdivider shall be advised as soon as Assessor’s report has been filed with City. d. Storm Water and Drainage Trunk Fee. = S 10,800 (4.0 acres @ S2,700/acre) Page 4 of 5 1 CITY of ORONO RESOLUTION OF THE CITY COUNCIL .NO. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 22"** day of September, 2003. ATTEST: V.*' ■. < ./■I !/cc./ r * )^ j **" Linda S. Vee, City Clerk Barbara Peterson, Mayor STATE OF MINNESOTA COUNTY OF HENNEPIN /i * >ndThe foregoing instrument was acknowledged before me on this day of September, 2003 by Barbara A. Peterson, Mayor of the City of Orono. a Minnesota municipal corporation and said instrument was executed on behalf of the Cir>'. A < RACHEL DOCOC ’Notary Public r:oTA'HYPueuc-viKi-:'OTA j f/y Ccir.m'uaion lupi/C3 ' t. .^0* * > ^ ••• '•* » STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument \v?s acknowledged before me on this -^^'day of SuAkiilbi’^^OOS by Linda S. Vec, City Clerk of the C’ty of Orono. a Minnesota municipal corporation and said instrument was executed on behalf of the C it>'. '.'V c't . • * v;.Vv%. p,'***..** * r.:'A';v . nth : I *f ExpiT3 :ii\. 4.C; ♦ * Notary Public Page 5 of 5 i • Date Application Received: 7-21-04 Date Application Considered as Complete: 10-8-04 60-Day Review Period Expires: 12-7-04 extended to 2-5-05 r.ni t* t jccT((\iQ DEC 1 i 2004 Cl I Y UH OllC.\ J REQUEST FOR COUNCIL ACTION Date: December 13, 2004 Item No.:^^ Department Approval:Administrator Approval: Name: Janice Gundlach^l Title: City Planner Agenda Section: Zoning Item Description: #04-3042. KC Cherniak on behalf of Roger and Carol Rovick 1625 Bohn’s Point Road, After-the-Fact Conditional Use Permit, Resolution Zoning District: Lot Area: Lot Width: LR- IB, One Family Lakeshorc Residential District (1 acre minimum) 1.691 acres (73,679 s.f.) 127.5 feet @ shoreline; 130 feet @ 75’ se'oack List of Exhibits A - Resolution per Planning Coiiiniission Recommendation B - PC Action Notice of 10-19-04 C - City Engineer Comments Regarding Revised Plan D - 60-Day Extension Letter E - PC Memo and E.xhibits of 10-14-04 Application Summary: Applicant requests an after-the-fact conditional use permit to allow 3,940 cubic yards of fill when 1,650 cubic yards was approved at the issuance of building permit and 500 cubic yards requires a conditional use permit. Planning Commission Recommendation The Plaiuiing Commission recommended 5-2 to approve the after-the-fact conditional use permit for fill pending submittal of a revised plan incorporating the comments contained in the City Engineer letter dated October 12, 2004, contained within the Plaiuiing Report as Exhibit F. Staff Recommendation Ihe applicant has submitted a plan incorporating the City Engineer comments contained in tiic October 12, 2004 letter. The City Engineer has reviewed that plan and provided updated comments, attached as Exhibit C of this memo. Staff recommends approval of the aftcr-thc-fact conditional use permit subject to the comments contained City Engineer letter dated November 30, 2004 and jubmittal of an as-built survey following completion of the work. Staff recommends that the applicant complete the work prior to the end of the year, at which time an as-built survey should be completed and submitted for City review. Following City Engineer approval of the as-built survey, a final Certificate of Occupancy shall be issued. A RESOLUTION GRANTING AN AFTER-THE-FACT CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTIONS 78-1286 FILE NO. 04-3042 WHEREAS, Rog^r L. Rovick and Carol J. Rovick, husband and wife (hereinafter “the applicants ’’) are the owners of the property located at 1625 Bolm ’s Point Road within the City of Orono (hereinafter the “City”) and legally described as follows: Lot 9, Auditor’s Subdivision No. 349, Hennepin County, Minnesota (hereinafter the “property”); and WHEREAS, the applicant has made application to tht City of Orono for an after-the-fact conditional use permit to Orono Municipal Zoning Code Section 78- 1286 to allow 3,940 cubic yards of fill on the property in eonjunction with the landscaping improvements for the new home w'here 1,650 cubic yards was approved with the building permit and 500 cubic yards requires approval of a conditional use pennit. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Mimiesota: FINDINGS 1. This aoplication was reviewed as Zoning File ^04-3042. 2. The property is located in the LR - IB, One Family Lakcshorc Residential District which requires a minimum lot area of one (1) acre. The applicant ’s property is 1.691 acres in area. 3. The Planiting Commission reviewed this application at a public hearing held on October 19, 2004 and recommended approval of the after-the-fact conditional use permit based on the following findings: a. The site is large enough to support the amou.it of fill without drastically changing the character of the neighborhood. Page 1 of 5 b. The grading can be improved so as not to negatively impact adjacent neighbors. c. The impacts of the fill are only discemable from the road or street side rather than the lake side of the home. d. All other requirements of building height, hardcover, and lot coverage by structures arc met. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by tlie applicant and the public, and the effect of the proposed after-the-fact conditional use permit on the health, safety and welfare of the community. 5. The City Council finds that the conditions exisung o.i this piopeity are peculiar to it and do not apply generally to other propeny in this zoning district; that granting the after-the-fact conditional use permit would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; but is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDF"'. ,\ND CONDITIONS Based upon one or more of the .above findings, the Orono City Council hereby grants an after-the-fact conditional use pernit per Municipal Zoning Code Section 7S- 1286 to allow 3.940 cubi*’ yards of fill c-n the propc.ty in conjunction with the landscaping improvements for the new home wlieie 1,650 cubic yards was approved with the building permit and 500 cubic yards requL'er. a^prova! of a conditional use permit, subject to the following conditions; 1. Council approval is based on the site plan ;^ubmitted by the applicant and annotated by City staff, atts- »ed to this Resolution as Exhibit Any amendments to the site plan which are not in conformity with City codes will require further Planning Commissioii and City Cowicil review. Page 2 of 5 \ L 2. The site improvements shall also be subject to compliance with of the City Engineer comments contained in his letter dated November 30,2004. . The site work shall be completed prior to December 31,2004. 4. Upon completion of the site improvements an as-built survey shall be submitted for review against the approved plan. Upon approval of the as-built survey the City shall issue a final Certificate of Occi pancy. 5. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the after- the-fact conditional use permit will expire on that date (December 13,2005). 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. Adopted by the Orono City Council on the 13'*’ day of December, 2004. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner(s) Page 3 of 5 i STATE OF MINNESO I'A COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this __ day of , 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this __ day of _______, 2004 by Linda S. Vee, City Clerk of the City of Orono. a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 5 State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this by Roger L. Rovick, husband of Carol J. Rovick. day of 2001 I Notary Public State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this by Carol J. Rovick, wife of Roger L. Rovick. day of ,2004 Notary Public Page 5 of 5 EXHIBIT A t', i projiuty Ln|t . / \ <wc»rf pibt'p4|u sn,u.p, \ ^ ^irf ^ c^a Tf* w »^u*^ f/ C^wO" TJ- t ..V / / V ptbt»tity lax A- * X I1^'”“ -f I'Fp-c«^ Pf<>« Kt "■;—^ ,' 7 * r f < > I I •41 rfc et. U- ^ t f 4 ) ! f^>iw 0^ wte. / •//'///»/ / I •; . \ \ > > ♦ A/I V ' * ' \ ' ' * I V V * »/> \ ’ /"^A\^\\\;A: 7 / '- ^1 H L' Residence ^} // ■'k A '-•A-" / / * --X yi— 17 T X* »»c HOT It) 56Ad^ 'i CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 ZONING FILE: 04-3042 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: October 19, 2004 TO: Pillar Homes KC Cherniak 125 Lake Street W Wayzata, MN 55391 COPIES:Roger & Carol Rovick 1625 Bohn’s Point Road Orono, MN 55391 TYPE OF APPLICATION:After-the-Fact Conditional Use Permit for Fill DATE OF MEETING: October 19,2004 Planning Commission recommended as follows: Approval of the aftcr-thc-fact conditional use permit for till stipulating the following: 1.The applicant submits a revised grading plan incorporating the comments addressed in the City Ungineer letter dated October 12. 2004. This plan shall be submitted to the City Fngineer for approval prior to City Council approval, and a permanent Certificate of Occupancy shall be withheld until this revised grading plan is implemented on site. VOTE FOR AGAINST Applicant ’s ne.xt meeting is tentatively scheduled for; City Council - Monday, November 8,2004; meeting starts at 7:00 p.ra. If you desire certified copies of the official Planning Commission or Council minutes, they arc available from the City Recorder after levicw and approval by the Plaiuiing Commission or Council. If you have questions, please call City Planner .hmice Gundlach at 952-249-4623. \ •m Bonestroo GOB Rosene TO AnderJik &m Associates Engineers & AKhliecM 2335 West Highway 36 • Si Paul. MN 55II3 Office 65l*63r>*4600 * Fax: 651-636-I311 wwvvhon^stfoo com November 30, 2004 Ms. Janice Gundlach Planner City ofOrono Post Office Box 66 Crystal Bay, MN 55323 Re; 1625 Bohns Point Road File No. l39-04-(K)0 Plat No 04-3042 Dear Janice: We have reviewed the revised grading plans dated 11-23-04 prepared by David Tiippcr and A.ssociaies for the home constructed at 1625 Bohns Point Road. The giading plan includes as-built survey information provided by Gionbcrgand Associates. Proposed revisions to the giading include constiuchon of swales along the noith lot line to convey storm water m accordance with the previously approved building pennit grading plan. We have the following comments with regards to engineering matlcrs: Sheet L5 • The pioposcd swale along the noith lot line from tlic high point (940.50) vvcslcily should be extended to the 934 contour Grading of the 934 contour should direct storm vs aler soulhvvcsicrly across the subject propcity and not onto the property to the north. • Notc.s pertaining to the diairitilc installation in the svsalc and associated rock backfill should include language that sUUes the rock backfill in the drainlile trench shall be at an elevation that is no higher than I -foot below ilic top of the swale to prevent water from flowing north. • The grading plan should include proposed swale grading easterly from the high point (940.50) beginning at the 940 contour to convey storm water on the subject property towards the existing pond. Sheet L6 • As noted above, the swale along the north lot line should be graded easterly beginning at the 940 contour and lie into the proposed swale grading showTi at the 935 contour. General • Once the grading and associated restoration is completed a revised as-built drawing should be provided to the city for review and approval • Sill fence and any other necessary erosion control measures should be installed, inspected and approved by city staff prior to any woik on site. If you have any questions please call me at (651) 604-45<6T Yours very truly. BONl SI ROO. ROSENli, ANDF.RUK ^ ASSOCIATES. INC. Tom Kellogg Cc: Greg Gnppa, City of Orono Bruce Vang. City of Orono • Sr Paul St Cloud. Rocnester Willmar. MN • Milwaukee. Wl • Chicago, It Affirmuttv* AcliO'^ Opooftunily Cmpioytr Cmpiojr** \ % '■ ' CITYofORONO Municipal Offices Street Address: 2750 Kelley Parkway Ofono, MN 55356 Mailing Address; P.O. Box 66 Crystal Bay. MN 55323-0056 December 6,2004 Pillar Homes KC Cherniak 125 Lake Street W Wayzata, MIM 55391 RE: 60-Dav Extension Notice Dear Mr. Cherniak: State law provides that Cities shall make decisions on zoning requests within 60 days from the date of a completed application, and that this review period may be extended by notification to the applicant. Your application was received on July 21, 2004 and was considered complete on October S, 2004. The 60-day review period would end on December 7, 2004. However, following Planning Commission approval a revised plan meeting the City Engineer recommendations was required prior to City Council review, where the earliest scheduled date of final Council action falls after the 60-day period end.s. Therefore, the 60-doy review period is hereby extended an additional 60 days to February 5, 2005. The City has received the revised grading plan per the City Engineer recommendations. The City Engineer comments regarding that plan are attached for your reference. These recommendations must be incorporated into the site improvements, where an as-built survey will be required upon completion. You are scheduled to appear before the City Council for final action on December 13, 2004 at 7pm. Thank you for your cooperation. Sincerely, City of Orono J/H aaajU Janice Gundlach City Planner cc. Roger & Carol Rovick Telephone (952) 249-t600 • Fax (952) 249-4616 www.cl.oronojmi.us J N04-3042 October 18, 2004 Page 1 of 4 Date Application Received: 7-21-04 Dale Applicatior Considered as Complete: 10-8-04 60-Day Review P« iiod Expires: 12-7-04 To:Chair Rahn and Planning Commission Members Ron Moorsc, City Administrator From: Janice Gundlach, City Plamicr^^ *PLEASE MSIT SITE* Date:October 14,2004 Subject:04-3042, Pillar Homes on behalf of Roger & Carol Rovick, 1625 Bohn’s Point Road. After-the-Fact Cc:.ditional Use Permit for Fill, Public Hearing Zoning District: Lot Area: Lot Width: LR - IB, One Family Lakeshorc Residential District (1 acre min.) 1.691 acres (73,679 s.f.) 127.5 feet @ shoreline, 130 feet @ 75’ setback Application Summary: Applicant requests an aftcr-thc-fact conditional use permit to allow 3,940 cubic yards of fill when 1,650 cubic yards was approved at the issuance of building permit and 500 cubic yards requires a conditional use permit. Staff Recommendation: Staff recommends that the Planning Commission determine if the additional fill creates a negative visual situation for the directly impacted neighbors and neighborhood, and whether or not the additional fill, above 1,650 c.y., should be |u*rmittcd. Staff recommends that the final approval stipulate conformance with the City I'ngineer’s memo, attached as F,xhibit F, and that a plan meeting tho.se stipulations is submitted and approved by the City Engineer, prior to final approval by the City Council. A final Certificate of Occupancy will be held up until that approved plan is implemented. Pertinent Zoning Ordinance Sections Sec. 78-1286. Topographic alterations/grading and filling. (2) For ino\emcnt of i“‘ore than 500 cubic yards of material within the .shoreland overlay d ;t. conditional use permit approval by the city council is requited i. audition to the required land alteration permit. Sec. 78-966. Prohibition. (a) It is unlawful for any person to perform or have performed the following land alteration activities without a conditional use permit issued by tire council: (I) Remove, fill, use foi fill, dredge, store or excavate rock, sand, gravel, dirt or similar earth material w ithin the limits of the city. Fill or reclaim any land by depositing such material or by grading of existing land to elevate or alter the existing natural grade. Build, alter or repair any seawall or retaining wall, or otherw ise change the grade or shore of lakeshorc property. (2) (3) (b) All land alterations involving filling and grading shall be performed only s m-mi Oftohcr 18, 2004 Page 2 of 4 with clean fill us defined in section 78-1. Granting of such permits is subject to other regulations and prohibitions of this Code and other applicable statutes or ordinances of other governirental bodies. See. 78-967. Exception. (a) 'fhe requirements of section 78-966 are not intended to govern the following land alteration activities: (1) Normal and customary grading in the area of an existing or a newly constructed building, oi the grading of the driveway serving such building. (2) Any earth movement under 500 cubic yards which does not adversely impact the existing drainage. (3) Grading, filling or excavating of ten cubic yards or less within the shore setback /.one of all lakes enumerated in article IX of this chapter. (b) Such grading and earth movement shall be subject to approval by the building inspector at the time of issuance of a building permit, provided that a plan showing proper drainage and protection of adjoining property has been submitted. Where such earth movement is not being performed in conjunction with a building permit, a sejrarate land alteration permit shall be required. Any unusual land alterations, incli ding earth filling, removal or grading, proposed by a builder shall be subject to a conditional use permit as provided for in this chapter. Ihe following land alterations shall be considered us unusual land alterations: (1) All excavations for foundations in excess of 12 feet average depth if any amount of the excess material removed below 12 f6ct depth is to be stockpiled on the site. Any additional fill brought on site in excess of 500 cubic yards, except for fill required to rai.se grade for adequ.ite frost footing protection, the intent being that structures shall not be artificially raised .above the preexistittg surrmmdittg topography. Grading or alterations that would prt>pose any changes in elevations within five feet of adjacent residential lot lines except for drainage swales and ditches. (2) (c) The building inspector shall have the authority to refer any reque.sts for land alteration permits to the city council for review and approval in instances where the land alter.ition appears to potcnti.illy create negative impacts or be not in keeping with the goals and policies of the commutiity managemettt platt. See. 78-968. reriiiil. An application for a conditional use permit shall be accompanied by a drawing made by a registered surveyor or other cotnpetent person showitig the location of the proposed c.xcavation or storage and shall state the amount of material which is to be iem»»vcd, excavated or stored, filled or graded, .ind such other information .rs the conned may require. Applications shall be filed with tlic city administrator and shall be accomp.inied by a deposit to be determined by the city, which will be used to offset the cost of processing ilic application. Any unused portion will be refunded to the applicant. M04-3042 October 18, 2004 Pftge 3 of 4 List of Exhibits Exhibit A - Applications Exhibit B - Applicant ’s Narrative Exhibit C - Grading Approved w/Building Permit Exhibit D - As-Built Grading Permit w/Fill Calculations Exhibit E - Memo from Building Official Exhibit F - Memo from City Engineer Exhibit G - Letter from neighbor at 1595 Bohn ’s Point Road Exhibit II - Copy of Temporary Certificate of Occupancy Exhibit I - Photographs Exhibit J - Property Owner ’s List Exhibit K - Plat Map Background Exhibit E outlines the events that have occurred on this site up until this point. Generally, the Building Official maintains that a site plan was approved at the building permit stage, that plan was not followed, and prior to getting a resolution on the grading a temporary Ceilificatc of Occupancy was issued to permit the home to participate in the Parade. That temporary Certificate of Occupancy, attached as 1 xhibit G, stipulated that a final CO would not be issued until the grading issues have been resolved. I'he home is now occupied and the owners are aware of the grading problems and the potential changes that may be required. A final CO will be issued upon a resolution on this application. % Conditional Use Permit Analysis .Section 78-1250 of the Zoning Ordinance states that conditional uses, specifically w'ithin the Shorcland area, arc evaluated based on the following criteria; (1) Evaluation criteria. A thorough evaluation of the water body and the topographic, vegetation and soils conditions on the site must be made to ensure: a. The prevention of soil erosion or the possible pollution of public waters, both during and after construction; The required grading improvements would be on the north and south sides of the home, not the lake yard. During these improvements the applicant would be required to install and maintain .\ilt fences in an attempt to prevent soil erosion and pollution into Lake Minnetonka b. The visibility of structures and otlier facilities as viewxrd from public waters is limited; Not applicable. The areas of the property where the grade needs to he corrected are not viewable from the lake. c. The site is adequate for water supply and on-sitc sewage treatment; and The property is in excess of 1.5 acres and served by public sanitary sewer. V ^04-3042 October IH. 2004 Fuge 4 of 4 d. The types, uses and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft. Not applicable Sections 78-966, 1^-961, and 78-968 of the Zoning Ordinance outline a number of circumstances where unusual fill or fill in excess of 500 cubic yards requires approval by the Council, usually in the form of a conditional use permit. No specific conditions are outlined, however the ordinances states that the site must maintain proper drainage and protection of adjoining property. Staff finds that the amount of fill brought onto the site can functionally work if swales along the north and soutli sides of the property are corrected. However, the amount of fill docs create a change of character not only to the two most impacted neighbors but also along Bolin’s Point Road. The Planning Commission should discuss this issue and determine if the visual impacts created by the additional fill are grossly negative where the fill, in excess of the 1,650 c.y. approved with the building permit, should be removed. I'lic most impacted neighbor to the north has submitted written comments, attached as F.xhibit G. The Building Official and Building In.spector have indicated that if the excess fill is removed the grading can still work on the property with the improvement suggest by the City Engineer. It should be noted, that the house meets all requirements outlined within the Zoning Ordinance in relation to setbacks, hardcover, lot coverage and building height (measured from existing grade) and that this property has received no variances. Issues for Consideration 1. Does the fill in excess of the 1,650 c.y. approved create negative impacts on neighbors? 2. Should the fill in excess of 1,650 c.y. be allowed? 3. Should the grade be allowed to be substantially altered when all other requirements are met? 4. Is the Planning Commission comfortable stipulating the recommendation on submittal and approval of a plan by the City Engineer meeting the City I'nginccr comments (and possibly additional PC comments) prior to review by the City Council? 5. Are there any other issues or concerns with this application? Staff Kecommendatioii Staff recommends that the Planning Commission determine if the additional fill creates negative visual situation for the directly impacted neighbors and neighborhood, and whether or not the additional fill, above 1,650 c.y., should be permitted. Staff akso tecommends that the final approval stipulate confonnance with the City Engineer ’s memo, attached as Exhibit F, and that a plan meeting those stipulations is drafted and approved by the City Engineer prior to final approval by the City Council. A final Certificate of Occupancy will be held up until that appro\ cd plan is implemented. >1 EXHIBIT A Application# f)^ ^ ^ Date Received ? / / / CITY OF ORONO - GENERAL LAND USE APPLICATION Amount PROPERTY LOCATION Site Address P-f RJ Type of Application to be Filed Property Identification Number (P.I.D.) i ^ h 1 / / ruV) 3 APPLICANT Name MJhJhLMimk.m Phone (home)_2i2z4Zil_Ai51 Address l3L*k L/\(lC ^ Phone(vyork) City U^ay7cctL Zip OWNER (if different than applicant] Name____V- Cd^dL ________ Phone (home) 47< -_______Phone (work)____ Address /('f>.-3S' Pt~ A/ City Date Property Acquired___________/o/ / ____ tis of land . I I (do) (do not) also own the adjacent parcel Zip __(month/year) FEES - CONDITIONAL USE PERMITS - $600.00 Residential Accessory Use $600.00 Institutional (church, school, etc.) $600.00 Guest House/Guest Apartments _ $600.00 Duplex Credil/Bldg $600.00 Commercial/Industrial Use 5600.00 Land Alteration + Permit Grading and filling - designated wetland or floodplain Grading and filling - 501 cu. yd. or more Grading, seawall, retaining walls within 75’ of lakoshoro PRD/PID - see Fee Schedule $250.00 Renewal Fee (no change from original application) After-the-Fact Fee - Double Current Application Fee OTHER APPLICATIONS ______$600.00 Commercial Site Plan Review (+ consultant fees) ____ _ $600.00 Vacation ______ $600.00 Easement Vacation $100.00 Easement Vacation With Subdivision _$600.00 Rezoning (PUD - refer to fee schedule) _$600.00 Comprehensive Plan Amendment _$100.00 Appeals Other - sec Fee Schedule 0 0/1 REQUIRED SUBMITTALS 1. % Completed Application Form. Describe request in detail.2. 3. 4. 5. Tk Certified Property Owners List of owners within 350' of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department of Finance. Government Center. A-S03 300 South 6^ Street. Minneapolis, telephone 612-348-5910). ___Certificate of Survey (signed by a licensed surveyor) - refer to handout for survey information. ___Attach legal description to application if not included on required survey. 6. 7. 8. 9. ^__Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). _^List of the legal names (include marital status) of all persc.-^s with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). K Construction plan, if applicable (see staff for requirements). ___As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 3 COPIES OF LARGE DOCUMENTS AND 1 COPY FOR REPRODUCTION (II” X 17 ” OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require scaled drawings of all documents, plans, etc. to be submitted.) The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff: ___ _____________ Date APPLICANT’S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's signature Date y job OWNER’S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. Owner’s signature _____________Date 7 /A,') Applicant must have all submittals intcKhe City o*fices 25 days before the Planning Commission f/.eeting Planning Commission Meetings are held on the third Monday of each month. Appneants must be present at all scheduled review meetings of the Planning Commission and Council if a.n applicant is unable to attend a scheduled meeting, please m.ai<e arrangerr.ents to have an authorized agent attend in your p'ace and advise the Built).ng & Zoning Office of this change p'ior to the meeting. u:. •'•i. \ r V. 1 Ok O City of Orono Pre-Application Meeting Form (This form is to be completed by a City Planner during your pre-application meeting.*) Street Address 2750 Kelley Parkway Orono. MN 55356 Mailing Address P O. Box 66 Crystal Bay. MN 55323-0066 For Office Use Only i ■ / / t \ City Planner. /I. ////£ //f Mam; 952-249-4600 Fax; 952-249-4616 Meeting Date/Time: PC Date: What is the purpose of a pre~application meeting? Pre-application meetings aid the applicant in preparing a complete proposal, inform them cf 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; Pf Property Identification Number (PIN): _ 11!! l\I CCC Zoning District: _________ Size of Property; ___________ DESCRIPTION OF REQUEST: □ Res Access. Use □ Institutional ^ D^est House/Guesl Apt □ Comm / Indust Use □ PRD / PID ’^Tand Alteration □ Other: □ Duplex Credit/Bldg □ Comm Site Pian Review OTHER INFORMATION: EXHIBIT B PILLAR HOMES PARTNER Date: July 21,2004 Re: 1625 Uolms Point Rd. Conditional Use Pcnnil Application This is a very large home site, with lakcshorc to the west, frontage oti Hohns Point Rd. and a street side pond to the ca;.t. Upon receiving a building permit on 10/13/03, Pillar 1 loines started construction of a new home on this site. 1 he home was placed and built e.xactly in accordance with the home plans for the lot submitted for pciinit. This home is nestled next to a small knoll or hill on the notlh lot line, with additional dirt raised around the home. Most of the dirt was hauled in and placed on the cast (non lake) side of the home in the fall of 2003. and has been allowed to settle over the winter. Months later, after a very thorough, professional landscape plati was created which included final grade and planting schedule, retaining wsills etc, we submitted the landscape plan to the Orono stafi’, not knowing that we needed a review for grading and/or dirt brought in in excess of 500 cubic yards. 1 his CUP grading reiiuesl is now before you alteady vigoiously reviewed by Staff and all changes rcquestetl to the original grading plan have been implemented on site and appioved by Staff and City 1-nginccrs as instnictcd. Since the original grading plan required a large amount of dirt to be brought to the site, and the house plan was approved, we simply b.ickrilled the foundation that was apinoved to be installed. We litid no plan to deviate from our original survey. Ilow’cver. our foutidation wall height that was on the approved surv ’ey was misinterpreted slightly on the original elevations on the pertnit survey. I bis unknown difference was discovered on the latukscaping plati, and all changes that staff required to prevent itnproper w ater Ilow were implemented. Drainage swailes and retaining wall, drainttle atul other lequcsts were fair and implemented on site, to assure all code and regulations were tnct. We thcteforc request a conditional use permit for grading of dirt biought to the piojvrty in an amount in excess r>f 500 yards. 'Iliank you for your cotrsideration. Carol & Roger Kovick 1625 Hohtis Poiirt Rd. KC Chermak Pillar Homes O'itA# *.N .V it PILL/\R IIONIHS PARTNER, 125 Lake Street West, Wavzata, MN 5391 Phone: 952.473.2351 l ax: 952.473.8317 vsAvw.piilarhomes com 40+- n 20.97 - ZO' 9 / 9 / « / I ,/ / I / / V \ r I /.O /« ■0. (S)PM)lhi6j PUAN APPf^>!/ei7 VJ| ftUlLPIWtj P’E^IT Cuutt it^O . / / <i(ioh«A - ovvoM^ tontooirs " pvt^S«l ^-------^ \ EXHIBIT C / // \ \ N 'f0"00' 180.19 <f- / / 2--^ ^5:0-9 % Sit- 1 36.00 0 1 19 $ 1 1 1 1 1 POOL .1 iiso ^\ c^m •m f • 21.83 » 3.00 1930 h ^S3^ I / r // I / / 9 / CIS r / T050 o SCREEN P<5RCH^ TTW DECK 1^ tO 18.50 1^10 00 400 —-f--- ; / _____' I y»‘ y x-y - mm. 5.67 X<"V' ^---------- I ^ ^ . - 4-1 ^ - Soeck »- I \ O. 6 53 >S^-------- /M /4a^0/fC Jf/fLu4LK sm / \ 30.00 8 ri \ DECK 3 12 00 \ I*'. 8r 15.50 ^ ^ ''s l/ 18-52 20.10 yf snt. y 7 N 90*00' 00" E, / /402.26 s fN oecK ^ 12.00 FROM : GRONBERG & P5S0CIATES FfiX NO. : 952 473 4435 Sep. 15 2004 06:50Pt1 PI FAX loafe 1 Number of pages Including cover sheet J. TO: X/fA/i ^ ^ C/Ti aP/>AeKfO FROM: Gronberg & Assoc., Inc. 445 N Willow Drive Long Lake. MN 55356 Phono Fax Phone 2.^9^ *iC Phone Fax Phone (952) 473-4141 (952) 473-4435 I CC: . ' * • V..‘. . V % REMARKS: CD Urgent For your review Q Reply ASAP [D Please Comment />/? /niAM. //^At fT aAJ lar 9^ /iCfO. A/a. 3*r9 u/€ c4*-cm.^7Fo oKfC/AyAt. aP P/iL 6€ /€Sa c. Y. (A€t//SFa) /0~/o-O 3 » P//^" Af~^A/*r.T AAAt'*^/A^C, Aii/tS€0 T/^at*^€a 3Jvo c.y. jp p/h . 0 • ; Mi I I EXHIBIT £ Date; 10-14-04 Memo to; Janice Gundlach From; Lyle Oman Re; 1625 Bohns Point Road -Fill On 10-13-03 the city issued permit #P06835 for a new residence at 1625 Bohns Point Road. The plan was reviewed and approved by staff and the city engineer Tom Kellogg. Staff noted that fill would be brought to the site. The amount of fill seemed appropriate for the site and the proposed house, and a calculation of the amount of fill was not done. Toward the end of the project it was discovered that much more fill was brought in than was originally approved. The contractor had the home scheduled to be in the parade of homes and they were ready for sod. Staff decided to allow them to place the sod for the parade and to apply for an afier the fact C.U.P. to seek approval if they didn’t want to remove the excess fill. The home was issued a Temporary certificate of occupancy with the removal or approval of the fill as the only outstanding issue. c m Bonestroo Rosene Anderlik & Associates 2335 West Higl .vvay 36 ■ Si Paul, MN 55113 Ofi'iC'? 65l*636'4600 • 651*636*1311 WWW bonestroo com exhibit f Engineers 6 Architects October 12, 2004 Ms. Janice Gundlach Planner City ofOrono Post Office Box 66 Crystal Bay, MN 55323 6;.-C ; ,5; Re:1625 Bolins Point Road File No. 139-04-000 Plat No. 04-3042 Dw*&: luiAcz: Wc liavc icviewed tlic proposed and as-built grading plans for the home constmcicd at 1625 Bohns Point Road. The opplicants engineer calculated the amount of fill brought into the site at 3940 cubic yards. Ihc previously approved grading plan estimated that 1650 cubic yards of fill would be brought onto the site to constnict the liomc I he additional fill has raised the grades in several areas and has impacted the drainage across tlie property. We have tiic following comments wilh regards to engineering mailers: • The as-built grading plan does not agree with the building permit grading plan in several areas, particulaily along the north lot line. The aica between the pool and the north lot line was defined as a high point with swales touting water caslcily and westerly on the building permit grading plan Iliesc swales were meant to keep drainage on the .subject property and convey Hows either westerly to the lake or easterly to the existing pond. Tlic as-buill grading plan does not show that these swales weie coiistiucicd as planned and it appears some water is directed northcily from the high point onto the adjacent piopeity In addition, watci tiavcliugcasteily to the pond crosses over the north lot line onto the adjacent property approxuiutcly 35 to 40 feet west of the point shown on the building permit grading plan. 'Hie defined swale shown on the building permit grading plan westerly fToin the high point was not constnictcd. Wc iccommciui that the applicant regrade along the north lot line to contain water on the subject properly to the extent shown on the building pernut grading plan • 'Hie proposed swale along the souih side of the home shown at the 932 contour on the building pemut giadmg plan was nut constructed. This area should be regraded to diicct water tow anis die lake and to drain the low aiea between the subject piopcrty and the property to the south. • fhe City should review and inspect any gracing icvisions and verify that the changes agree with the previously approved building permit grading plan. • Silt fence and any other necessary erosion control measures should be installed, inspected and approved by city staff prior to any work on site. If you have any questions please call me at (651) 604-4863. Yours very truly, BONFS'l ROO, ROSFNF, ANDERLIK & ASSOCIATES, INC, Cc: Cueg Gappa, City of Orono Bruce Vang, City of Oiono • St St Cloud W»M*r.c>r MN • * Cor:c.j.* I AUifiTiJIHvf ‘VCJ'O 1 Opo^ftwnily t»’ip 0>tf 1 EXHIBIT G William G. Cornelius 1595 Bohns Point Rd. Orono, MN 55391 October 11, 2004 Ms. Janice Gundlach, City Planner 2750 Kelley Parkway Orono, MN 55356 Dear Ms. Gunlach: This letter is in reference to land use item 1. #04-3042 to be reviewed by the Planning Commission on Monday, October 18, 2004. I live at 1595 Bohns Point which is immediately north of the property in question. 1 would like to appear in person. However, I have a previous commitment that evening. In place of my public comments please accept this letter. I understand the city approved a grading plan along with a building permit before this house was built. Moreover, the plan included a certain amount of fill. In some cases, perhaps quite a few, it is not unreasonable that someone building a new house may exeeed the parameters set by the city, especially if the builder is in close contact with the city officials and his respective neighbors during the building process. Nevertheless, in this ca.se the nature of grading and the amount of fill brought in grossly exceeds the specifications approved in the builder ’s plan. These excesses were never reviewed by me, the neighbor, nor to my knowledge were they approved by city officials. The amount of fill approved for this project was 1,650 c.y. It is my understanding that the actual amount brought in was 3,940 c.y. This is an immense amount of new material, more than double what was in the original plan. Much of this fill was placed in the east yard in front of the garage resulting in a new hill. The proposal has this area rising as much as 6 feel. It is now as much as 10 feet higher than the original grade. This immense increase in height has changed the natural drainage pattern. Because of the very steep grade the water in this area now runs rapidly on to my property rather than gradually into the pond as it did in the past. When it rains the water accumulates at the base of this northerly hill (my southern boundary). The ground becomes saturated and virtually mucky. I believe (although I am not sure) because of this problem a small retaining wall was built toward the bottom of the hill. This does not solve the problem. In addition, a partial swale was constructed parallel to the wall. There are two problems with this swale. First, the depth along the wall is almost non-existent. It is perhaps an inch or two deep. Second, the swale becomes quite defined at the eastern end of the wall just as it takes a very sharp and pronounced turn into my property and then into the pond, rather than continue across the property in question and then to the pond. This sharp departure was built on my property without any consultation or pennission from me. A similar problem was created at the back of the house, namely around the northwest side of the house and pool and the south end of the pool. The original contour rose to about 938 feet. The building plan shows an elevation of approximately the same height. The actual elevation is between 942 and 943 feet or some four to five feet higher than the approved plan. In addition, there is a significant wall above this fill to accommodate the pool itself. Instead of water running parallel down the lot line toward the lake it now runs off a very steep embankment into my yard. At some point rocks were placed along side the pool. 1 believe this to be a very weak attempt to slow the run off. In short, I believe too much fill has been added to this property. It is understandable that a developer may exceed the approved specifications by 5 to 10 percent but in this case the excess is more than 100 percent. What was once a fairly level yard (looking from my property) is now a highly inclined hill. Water drainage should not be diverted to my property because of this excessive addition of fill. Nor should a swale be built on my property. Thank you for your consideration of this letter. Sincerely, William G. Cornelius EXHIBIT II TEMPORARY CERTIFICATE OF OCCUPANCY City of Orono Bnildins and Zoning Department DATE APPROVED:7/2/2004 ITE ADDRESS 1625 Bohns Point road P.LD.1711723110003 nViSER R & C Rovick BUILDER Pillar Homes {AILING ADDRESS 1625 Bohns Point Rd BUILDING PERMIT: NO. P06835 DATE ISSUED 10/13/03 THE FOLLOWING ARE NOTED AS INCOMPLETE OR MISSING. THESE MUST BE CORRECTED OR COMPLETED AND REINSPECTED WITHIN 61 DAYS OR THIS CERT IHCATE WILL BE \'OID. Failure to correct these deficiencies >Yill cause occupancy violation citiations to be issued. ;y September 1. 2004 .ppl y for C.U.P. for fill in front yard hereby agree to make the above corrections and to call for reinspection within the time allowed: 'J»%<ner/Coii tractor Date STAR T BILLING I'OK: City Sewer OiMd Bitiiujitg Offtcial Thursday, July 08, 2004 Whiu: 0**n*r/BuUd*r Crun: Billing Clerk Yellow: File .1 ■■Im V • r .4 • ' • ■/l*^ •'%,Mii ■ -^vs5mSmmLr, V A'i I': ’:£ ■»• v^. IKi-qS v '^- : •■ ■; -V tcife« &SL. i' * . ^ l> ‘^ \y^ V .' ' , „-7: v'''-*';5* /j0^% > 1^ ’*&;.;.^1i I r iJ ' * I - ♦ • • I V' • t. .«.< ••^‘. ^ » A • ./ <* •’*1^ /- fr>,^jM. ‘ V 4«'- ■^V‘'\. f. - ■ i> - ^o - V v.r ^ l W > I I'M V 'I .1 .s> V.:v< •, - .^- -. j \y U'i.P',t.v li I I ••' Vr ' \V , !• • .*- ■w<' S»r ■v:;:^:.:-.- :'.: ;lv , V’•; >s:,’ u . ^ ‘‘- *. \lSi k,’-.^;v.:--: ; - ••'SI ».r.s-- -'r'-M 17\»f %^ ’ • ■ '' |■k:s’■s —w. If-.:.- i-'^w ;‘' •*^ J ;-*» !#* BD W f'^’■'■"i.UJi-*'' r*'*. /*•- •*' 4« .“• •‘.ir .• - ■ •>'••»».- i,r^>-i K ^:;a> RUN DATE :7«WaH 38 08II72J4400I4 PROPADDR 1535 BOHNS POINT RD OWNER NAME JACOB HLNDGS OF BOHNS PT LLC JACOB HLNDOS OF BOHNS PT IXC NAME/ADDR 500 FORD RD ST touts PARK MN 55426 38 0911723330008 PROPAODR 1580 BOHNS POINT RD OWNER NAME R L ROVICK A C J ROVICIC TAXPAYER ROGER L ROVICK NAME/ADDR >580 BOHNS POINT RD WAYZATAMN 55391 J8 1611723220004 PROP AODR 1720 BOHNS POINT RD OWNER NAME DENNIS D ANDERSON DENNIS D ANDERSON NAME/ADDR ' 720 BOHNS POINT RD WAYZATAMN 55391 38 1711723110003 PROP ADDR 1625 BOHNS POINT RD OWNER NAME R L ROVICK A C J ROVICK TAXPAYER ROGER L A CAROL J ROVICK NAME/ADDR 1625 BOHNS POINT RD WAYZATAMN 55391 38 1711723110006 PROP ADDR 1635 BOHNS POINT RD OWNER NAME S P MOSELEY ASP MOSELEY Y^^yp^YER STEPHEN P A SUSAN P MOSELEY NAME/ADDR 1635 BOHNS POINT RD WAYZATAMN 55391 38 1711723110009 PROPAODR 38 ADDRESS UNASSIGNLD OWNER NAME O K NEWMAN JR A M M C NEWMAN Y ajcpa YER GRAYDON K NEWMAN JR NAME/ADDR MICHELLE M C NEWMAN 1655 BOHNS POINT RD ORONOMN 55391 HENNEPIN COUNTY PROPERTY INEORMAT ION SYSTEM PROPERTY OWNERS LIST 38 0811723440015 PROP ADDR 1595 BOHNS POINT RD OWNER NAME WILLIAM G CORNELIUS TAXPAYI'IR WIU-IAM G CORNELIUS NAMI-/ADDR I002NDSTNE MINNEAPOLIS MN 55413 38 1611723270001 PROPAODR 1600 BOHNS POINT RD OWNER NAME CONNIE RSWECN TAXPAYER CONNIE R SWEEN NAME/ADDR 1600 BOHNS POINT RD WAYZATAMN 55391 38 1611723270006 PROPAODR 1725 BOHNS POINT RD OWNER NAME W L HOIFT A A I) HOhIT TAXPAYER W L HOtIT A A D HOEFT NAME/ADDR 1725 BOHNS POINf RD WAYZATAMN 55391 38 I7II723II0004 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME DENNIS D ANDERSON xavpayer DENNIS D ANDERSON 38 171172)110007 PROP ADDR 1645 BOHNS POINT RD OWNER NAME P J A K A HALLORAN TRUSIEES T AXPAYER PATRICK A KATHLEEN HALUJRAN NAMF7ADDR IM5 BOHNS POINT RD WAYZATAMN 55391 38 171177)110010 PROPAODR 38 ADDRESS UNASSIGNED OWNER NAME G K NEWMAN JR 4 M M C NEWMAN Yy^XPAYER GRAYDON K NEWMAN JR NAME/ADDR MICHELLE M C NEWMAN 1655 BOHNS POINT RD ORONOMN 55391 38 0911773330007 PROPAODR 1540 BOHNS POINI RD OWNER NAME. MARY JANl MAUSER TAXPAYER MAI" •< 'AUSUR NAME/ADDR > HOI....POINT RD WAYZAIAMN 55)91 38 I6II7232200C2 PROP ADDR 1640 BOHNS POINT RD OWNER NAME T LTRAEF& E M TRAFF CO-TRS TAXPAYER TLTRAFF NAMFyADDR 1640 BOHNS POINT RD WAYZATAMN 55391 38 I7II723I 10002 PROPAODR 1655 BOHNS POINT RD OWNER NAME G K NEWMAN JR 4 M M C NE3WMAN Yy^pXYER GRAYDON K NEWMAN JR NAME/ADDR MICHELLE M C NEWMAN 1655 BOHNS POINT RD ORONOMN 55)91 38 1711723110005 PROPAODR 1629 BOHNS POINT RD OWNER NAME RANDALL A GREEN jXXPAYER RANDALL A GREEN NAMli/ADDR 1^29 BONUS POINT RD ORONOMN 55)91 38 171177)110008 PROPAODR 38 ADDKI^SS UNASSIGNED OWNER NAME C K NEWMAN JR 4 M M C NEWMAN TAXPAYER GRAYDON K NEWMAN JR NAME/ADDR MICHELLE M C NEWMAN 1655 BOHNS POINT RD ORONOMN 55391 i )8 I71I7731IOOII ; PROPAODR JR ADDRJLSS UNASSIGNED OWNER NAME G K NEWMAN JR 4 M M C NEWMAN 3 AXPAYER GRAYDON K NEWMAN JR MICHELLEMC NEWMAN. 1655 BOHNS POINT RD ; ORONOMN 55391 i NAME/ADDR 1-5 tm I r RUKDAir. 7/W20M HENNEPIN COUNTY SYSTEM 31 I7M7731 10012 PROPADOR 38 ADDRESS UNASSK3NED OWNER NAME O K NEWMAN JR A M M CNE.WMAN (JRAYDON K NEWMAN JR NAME/AODR MK'HEU.E M C NEWMAN loss BOHNS POINT RD ORONOMN SS39I Jg I7II723IIOOI3 PROPADOR 38 ADDRESSUNASSIONED OWNER NAME G K NEWMAN )R * M M C NEWMAN 1AXPAYER GRAYDON K NEWMAN JR NAME/AODR MICHOUU M C NEWMAN loss BOHNS P<JINI RO ORONOMN iS39l =-=S=Ss=-pOFTMI-: HCWEPIN aJUNlY TAXPAYER SERVILl* Ubl'AKiivmr.j. .»->x s OI MYKNOM£IXJi;AND»PJJEF.^^^^^^^y^y ^ ftHUcL'A- \.y I PAGE: 2 / .7»v ',v* •'■‘V .J -C V •» i ‘iT”‘ .\ 'rt I '^v • ;\v> » • *?. *> *••4 '• • A ' I* • ’JO ^3052 - ADDENDUM To;Ron Moorsc, City Administrator Mayor and City Council Melanie Curtis, City Planner From:Mike Gafiron, Planning Director .............. re ’ J 1004 Date:December 13,2004 Subject: #3052, Eric Vogstrom, 2918 Casco Point Road Attachments; 1 - Letter from Applicant ’s Attorney (email received 12-13-04) 2 - Resolution No. 4847 (2800 Pheasant Road) 3 - Hardcover Comparisons Summary Sheets A - Data Table B - Summary sorted by Total Lot Area C - Summary sorted by 75-250* Area D - Summary sorted by Approved Footprint Area Attached is a letter from Timothy J. Keane, the applicant ’s attorney, in support of the new request for a 1699 s.f. footprint and 34.5% hardcover. 1 would offer the following comments with regards to the points in Mr. Keane ’s letter, and 1 would further offer some infonnation comparing this property to other properties which have been recently redeveloped. Size of house and footprint: The proposed 1699 s.f. house/garage footprint has a garage footprint of 680 s.f. and a house footprint of 1019 s.f. I'hc house footprint is exactly 60% of the total footprint. This lot has elevations in the 75-250* /one from 940* to 948* and could easily accommodate a walkout without extreme grading or filling, and without grading into the 0-75* zone. With appropriate design, this 1699 s.f. footprint could accommodate a 2-1/2 story house as follows: 1699 s.f. basement walkout 1019 s.f. first story 1699 s.f. second story 1019 s.f. half story 5436 s.f. total A footprint of 1500 s.f. with a 500 s.f. 2-stall garage could similarly accommodate a substantial house, and many lakcshore rebuilds have followed this pattern: 1500 s.f. basement walkout 1000 s.f. first story 1500 s.f second story 900 s.f half story 4900 s.f total If the third stall is so critical, the first story could be reduced by 200 s.f,, with a final square footage of 4700 s.f 1 !i j 2618 c:asco Point Koad December 13,2004 Page 2 l,ot shape: The shape of this lot lends itself to a home up to 55-60* in width, whereas the typical 50* lot with a similar total area and similar 75-250* area would be limited to a home just 30* in width. The lot shape also allows for a home to be angled so that it takes the best advantage of lake views, and additionally allows the home to be placed with the garage at the minimum setback from the road to minimize driveway hardcover. Non-contiguity of 0-75* zones: The additional area of 0-75* zone that is non-contiguous, is a benefit to this property but cannot be considered as creating a hardship situation. No hardcover credit should be accrued to this excess lakcshore square footage. The applicant continues to suggest this lot is comparable to 2800 Pheasant Road, where a hardcover variance was granted to allow 39.2% hardcover in the 75-250* zone, where 3/4 of that 2-acrc lot was within the 0-75* zone. In staffs opinion, the two situations arc in no way comparable. The basis for the excess hardcover approval for 2800 Pheasant Road is established in Findings No. 4A, 413 & 4C of Resolution No. 4847. It is not merely that there is a “disproportionate amount of land located within 75* of the lakcshore”. It is based on the unique configuration of that lot, primarily its topography and drainage patterns related to its hardcover location, so that the ratio of the hardcover s.f. to the 0-75* area that its runoff will flow through before it reaches the lake, is about 1:3. With the applicant ’s property and drainage patterns, the proposed 2648 s.f. of hardcover will flow to the lake through a 0-75* area of approximately 70* wide x 75* deep, or 5250 s.f., i.c. a hardcover to 0-75* absorption area ratio of 2648:5250 or about 1:2. The non-contiguous area of the Vogstrom property docs not provide for any absorption of the runoff from the proposed house and driveway. It cannot be considered as contributing to treatment of runoff from hardsurfaccs. The large size of the 0-75* zone for the Vogstrom site should have little bearing on whether a hardcover variance is granted. Rather, the feasibility of developing a reasonable home within the 75-250* hardcover limits should be the key issue. 75-250* /.one comparisons: Attachment 3 is a table and a series of summary sheets with infonnation regarding all lakcshore total rebuilds in Orono during the la.st 6 years. Tire sheets compare fotal Lot Area; 75-250* Lot Area; Approved Footprint of House and Garage; and Approved Hardcover Percentage for all residential lots which underwent a total rebuild in the period January 1999 thru November 2004. Directing your atientio». 'o Attachment 3C, note that the Vogstrom property, with a 75-250* ' zone area of 7673 s f., falls right into the range where the 75-250* hardcover approved is around 30" o. Most properties willi 75-250* areas slightly smaller than Vogstrom ’s have been held to a 1500 s.f. footprint but received substantial hardcover variances in the range of 30-45%. • Most properties with 75-250* area slightly larger than Vogstrom ’s have footprints in the 1800-2200 s.f. range, yet received hardcover variances of no more than 30%. 2618 Casco Point Road December 13.2004 Page 3 The two recent anomalies that are clear from this table are the Lx)fYler and Switz properties on Shadywood Road, which received 33% and 38.6% respectively in 2004. Many of the hardships stated for these lots are not specifically present in the Vogstrom application: For Lofiler (1690 Shadyw'ood) the hardships stated in the resolution are summarized as: 1) on a busy County road, need a backup apron; 2) location of the adjacent homes, pushing house toward the street would reduce lake views causing a tunnel effect; and 3) non-optimum lot shape analysis results in justification for a 289 s.f. variance. Hardships 1) and 2) don ’t apply to the Vogstrom lot; Hardship 3) would give Vogstrom an extra 580 s.f. resulting in a 32.5% hardcover allowance. For Switz, the hardships stated in the resolution are summarized as: 1) non-optimum lot shape analysis results in justification for a variance for 32%; 2) on a busy County road, need a backup apron; 3) at 15% of lot area, house itself accounts for more than 25% of the 75-250' zone; 4) unusually large removals of hardcover (2050 s.f) will be removed from 0-75’ zone. Hardships 2 and 4 don ’t apply to Vogstrom; Hardship 1 would give Vogstrom 32.5% as noted above; Hardship 3 is an anomaly, where for a nearly-conforming lot a substantial hardcover variance was granted to accommodate 15% lot coverage, instead of requiring reduction of lot coverage to a level where a reasonable amount of hardcover is needed. Hardship 3 if applied to the Vogstrom lot suggests that hardcover would be granted to allow a 2140 s.f footprint... 5) Optimum lot shape analysis: From staff s perspective, the optimum lot shape analysis has some inherent weaknesses. If most of Orono ’s 1000+ existing lakeshorc lots arc of non- optimal shape, which is probably the case, then optimum lot shape analysis is merely a method to more fairly allot excess hardcover, as compared to the perceived randomness of the variance process. 1 lowevcr, the optimum lot shape analysis calculation, used only in the last year and only for a small number of applications, has contributed to what seems to be excessive hardcover allowances as compared to those granted for similar lots in previous years. Staff is reluctant to continue using the current optimum lot .shape analysis method as a basis for hardcover variances, as it suggests that all lots not meeting the optimum shape should be allowed excess hardcover, which translates to an automatic variance level for almost all existing lots. If this is going to become the standard, then the code should be changed. 6) Hardcover reduction from 4,732 s.f. to 2,647 s.f.: Please remember that the proposed hardcover reductions resulting from this application are primarily in driveway removals occurring within City right-of way. Of the 4,732 s.f of existing hardcover, 2,704 s.f is existing driveway in the right-of-way to the immediate north of the site, with almost no diiveways existing on the property. This non-conforming driveway situation should not be considered as a strong justification for a hardcover variance, since there is no reason that a sufficient driveway of much smaller area could not be developed within the property. Staff is prepared to discuss any of the above in greater detail at Council ’s request. LEONARD, STREET AND DEINARD PROFESSIONAL ASSOCIATION December 10,2004 Timothy J. Keane 612-335-7192 tim.keane@Ieonard.com Mayor Barbara Peterson Members of the City Council City of Orono P. O. Box 66 Orono, MN 55323-0066 Re: 2618 Casco Point Road-Eric Vogstrom Dear Mayor Peterson and Members of the City Council; This letter is offered in support of the application by Eric Vogstrom for a 34.5% hardcover variance within the 75-250 foot setback zone where 25% is normally allowed for the property located at 2618 Casco Point Road (the Property). This is the fourth plan revision submitted by Mr. Vogstrom and reviewed by City staff and the Planning Commission. The Property was platted as Spring Park Second Addition and the current home was constructed in 1954. The Property is quite unique in its configuration in that Lake Minnetonk;i/Carmens Bay extends into the Property in such a way that the 75 foot setback requirement embraces two-thirds of the Property (see Exhibit A). The rough dimensions of the Property are 80 feet x 500 feet or approximately 40,000 square feet. Due to the inlet extending into the lot, the Property has more than 300 feet of lakeshorc. /\nd the resulting 75 foot lakeshore setback is applied to more than 300 feet of the Property (see Exhibit A). The footprint of the 2 story house and garage has been reduced to 1,699 square feet—house at 1019 square feet, and garage at 680 square feet. niSCTJSSION The City of Orono lakeshore stepped hardcover regulatory scheme makes sense as applied to standard, rectagular, long, narrow lakeshorc lots. The 0-75 foot no-build, the 75-250 foot 25% standard, the 250-500 foot 30% standard, and 500-1000 foot 35% standard provide a gradual reduction in the volume and rate of runoff for deep narrow lots (see Exhibit B). It is the unique configuration of the Property’s lakeshore which establishes the basis for a hardship. The uniqueness of the Property is not unlike the uniqueness of 2800 Pheasant Road where the Council approved 39.2% hardcover due to a "disproportionate amount of land within the 75 ’ of lakeshorc." Section 78-121 of the Orono Zoning Ordinance provides when variances shall be granted; ISO South Fifth SiEiiT Sum 1500 Minnlato US. Miknisota 554^* Tit 6ia*ns *soo Fa * 6ll-JJ5**^57 lAW OFFICII IN MINNIAPOLII, lAiNT FAUL. MANEATO, lAINT C* • P AND WAkHINGTON, D-C. 2562321vl WWW.LtONAED.COM «•»»!•' • • • I Mayor Barbara Peterson City Council Members December 10,2004 Page 2 “The council upon application may grant variances from the strict application of the provisions of this chapter and impose conditions and safeguards in the ’ ** " variances so granted, in eases where there arc practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this chapter and where the variance docs not adversely affect the purpose and intrnt of this chapter nor the health or welfare of the public." Section 78-123(a) provides; . . . the council shall consider the advice and recommendation of the board of appeals and adjustments and 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. |Thc Planning Commission, sitting as the Board of Appeals, voted 5-2 to recommend approval of a variance at 36.8% hardcover.) Before granting a variance, the council shall hear requests for variances from the literal provisions of this chapter in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual propeily under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with tlic spirit and intent of this chapter. I he parameters within which a variance may be granted arc as follows; (1) The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. RHSPONSE: Over two-thirds of the dry acieage is situated in the 0-75 foot no-build /one. The circumstances of a 500 foot long, 80 foot wide parcel with a lagoon extending into its center are wholly unique to tins property. (2) The plight of the landowner is due to circumstances unique to his property not created by the landowner. RESPONSE: fhe unique configuration of this lot with its relation to the lagoon were not created by the cunent property owner, Mr. Vogstrom. This lot was divided and created at least prior to 1954. The hardship created by the hardcover and setback requirements imposed by Orono City Code were adopted in 1984. Mr. Vogstrom purchased the Property in 20(34. (3) The variiuice, if granted, will not alter the essential character of the locality. Mayor Barbara Peterson City Council Members December 10, 2004 Page 3 . # 1 !■« RESPONSE: The variance to permit the construction of the new home would result in the mitigation of at least three more severe encroachments and hardcover conditions: 1) Reduce total hardcover from 4,732 square feet to 2,647 square feet; 2) Elimination of site yard setback encroachment of 7.3 feet; and 3) Elimination of front yard setback encroachment of 11 feet. Additionally, the new home allowed by this variance would be an enhancement to the Property and the ncigliborhood. (4) Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the tenns of this chapter. RESPONSE: Economic considerations really have no bearing on this request. the 1019 square foot home footprint is modest by current standards and a reasonable proposal for the Property. Current market demand for new homes in the mid to upper price bracket require a triple garage for reasonable marketability. (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 constniction as defined in Minn. Slat. § 210C.06, subd.2, when in hamiony with this chapter. RESPONSE: This finding is not applicable to this application. (6) The board or the council may not pennit as a variance any u.se th.nt is not permitted under this chapter for property in Uic zone where the alTectcd person's land is located. RESPONSE: Tlic variance, if approved, would not result in a change of use. (7) The board or council may pennit as a variance the temporary use of a one- family dwelling as a two-family dwelling. t ction of the new home e severe encroachments 2 square feet to 2,647 cruuchment of 7.3 fed; croachment of 11 feet. variance would be an ic an undue iiardship if ns of this chapter. ivc no bearing on tliis t is modest by current perty. Current market bracket require a triple to inadequate access to :es shall be granted for stal. §216C.06, subd.2. i application. ance any use that is not rone where the affected lot result in a change of temporary use of a one- Mayor Barbara Peterson City Council Members December 10, 2004 Page 4 RESPONSE; This finding is not applicable to this application. The special conditions applying to the structure or land in question arc peculiar to such property or immediately adjoining property. RESPONSE: Tlie Property has a width of 80 feet on both the road and lake-side. The unique configuration of the lake resource, however, results in nearly 300 feet of shoreline at the 929.4 foot elevation impacting the Property for setback purposes. This is a condition peculiar to this Property. The conditions do not apply generally to other land or structures in the district in which the land is located. RESPONSE: The condition described in finding number 8 above is not applicable to other land or structures in this distric* or vicinity. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the application. RESPONSE: 2618 Casco Point Road is a challenging property. A 25% hardcover limitation results in the inability to construct a reasonably-si/cd dwelling structure. Due to the e.\traordinary application of setback requirements due to the extraordinary shoreline, the total available hardcover for this Property of nearly one acre is approximately 1,913 square feet. The applicant’s request for 2,648 square feet is reasonable for the preservation and enjoyment of the use of this Property. A 1,913 square foot hardcover limitation would deprive the applicant of its property right to coiistriict a reasonable dwelling unit on their land. (11) The granting of the proposed variance will not in imy way impair health, safety, comfort or morals, or in any other respect be contrary' to the intent of this chapter. RESPONSE: The granting of the variance is consistent with the intent and spirit of the zoning code. The granting of the variance would in no way adversely affect the health, safety, comfort of morals of the neighborhood or the City of Orono. The 2000 square fool reduction in total hardcover advances the spirit and intent of the hardcover requirements of the Orono Code. (10) 2!6232lvl \* Mayor Barbara Peterson City Council Members December 10,2004 Page 5 (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. RESPONSE: Approving the variance would allow the homeowner to construct a new residence within the allowable setback footprint as provided in the Orono Code. Casco Point Road is a highly traveled road section through this area and the ability to store vehicles and visitors’ vehicles off the roadway and provide safe access is an important safety consideration. The limitations opposed by the setbacks and hardcover requirements constitute a demonstrable hardship to this Property. The extraordinary lakcshore abutting the Property in light of its dimensional limitations does create a unique condition. CONCl.USION The proposed application docs result in the elimination of existing side yard (7.3 feet) and front yard (11.0 feet) setback encroachments and significant mitigation of existing hardcover conditions. Ibe table below indicates the substantial reduction in hardcover in the before atui after development condition. KXISTINC;PROPOSED 4,732 square feet 2.647 square feet 45.8%34.5% Iliis is the fourth plan revision submitted by Mr. Vogstrom and reviewed by City staff and the Planning Commission. We respectfully request approval of the plan as revised and recommended for approval by the Planning Commission. Sincerely, LEONARD. STREET AND DEINARD Professional Association Timothy J. KcanV TJKivn cc: Eric Vogstrom Tom Uarrett, Esq. Melanie Curtis rvtjjjivt -1^ i i VG* A i-NaiNU-RINU ( O. it«i fUwif«<riiii NM iMr««)iititvt lOMiiS HfMILIt M} .»• 9m* *»*■«**» »«***»>»»—»»* «b •klM«««*V« Ml I4U1 I «N ki«^ ««• ml ImmI*' hn ^ Mm. 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CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 8 4 7 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2; SECTION 10.56, SUBDIVISION 16 (L); AND SECTION 10.56, SUBDIVISION 16 (C) (6) FILE NO. 02-2808 WHEREAS, James Echtencamp and Jean Hchtenkamp, (hereinafter "the applicants") are owners of the property located at 2800 Pheasant Road within the City of Orono (hereinafter "the City") and legally described as follows: Attached “Exhibit A” (hereinafter "the property"); and WHEREAS, the applicants submitted an application requesting variances to Municipal Zoning Code Section 10.22, Subdivision and Section 10.56, Subdivision 16 (L) to permit 8,810 s.f. (39.2%) hardcover in the 75-250 ’ lakeshorc setback, where 7,856 s.f. (34.9%) exists and 5,624 s.f. (25%) is allowed; and a variance to Section 10.56, Subdivision 16 (C) (6) to pemiit an an encroachment into the average lakeshore setback; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on July 15,2002, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. Minnesota: NOW, 1HEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS This application was reviewed as Zoning File #02-2808. 2.The property is located in the LR-IB, Single Family Lakeshore Residential Zoning District where 1 acre is the minimum lot size and 140 feet is the minimum lot width. Page 1 of 8 4.^ irv• « %.» CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO 4 8 4 7 c. D. The Planning Commission reviewed the application for variances and recommended approval by a vote of 7 to 0 based on the following findings and hardships: A. Continued use of the property £is residential is consistent with the zoning district and with the development of the surrounding properties. B. The City of Orono had approved variances in 1990 allowing total hardcover on the property at a greater amount than what the applicants have proposed on the site. The actual property hardcover will decrease as a result of the redevelopment. The property is a 2 acre lot in a 1 acre zoning district. 66,046 s.f. of the lot is located within 75 ’ of the lakeshorc, and only 22,497 s.f. is located within the 75-250' lakcshore setback. 983 s.f. of hardcover that exists on the property within 75 ’ of the lakeshore will be removed based on the new house ’s location outside the 75 ’ setback. A hardcover variance is justified due to the disproportionate amount of land located within 75 ’ of the lakeshore. All the property within 75 ’ of the lakeshore would provide adequate absorption area. The total hardcover devoted to the house and driveway areas would not increase from existing levels.' A variance to permit an encroachment into the average lakeshore setback is justified based on the fact the property is a peninsula lot and there is no suitable building site on the entire 2 acres without a variance. The proposed house is located further from the lakeshorc than the c.xisting house. 4. The Council makes these additional findings of fact in regard to this application: A. This property is uniquely situated such that reduction of the 0-75 ’ hardcover below the proposed amount is not feasible, i.e. the small portions ot driveway within 75 ’ of the shore is necessary to access the property, and the extensive length of seawall is necessary to prevent shoreline erosion. B. WTiile limiting hardcover in the 75-250 ’ zone to the 25% standard is feasible, such a limitation would result in the construction of a residence that would not be in keeping with the character of the existing E. Page 2 of 8 r 5. 6. C. CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 84 y neighborhood and surrounding homes. The property is effectively surrounded on three sides by lakeshore. Therefore, the square footage of pervious surface (lawn) that is located between the proposed hardsurfaces and the lake is significantly greater than that of typical lakeshore lots. A t>pical conforming KO’ wide, 310 ’ deep LR'IB lot would be allowed 10,400 s.f. of hardcover whose runoff would be absorbed over a 10,500 s.f. 0-75’ zone, or about a 1:1 ratio. On this property, however, based on the location of proposed hardcover and the topography, the runoff from 8,800 s.f. of 75-250’ hardcover will be absorbed by an area 75’x350’ or 26,000 s.f. within the 0-75’ zone that is directly downhill from the hardsurfaces. This results in a “hardsurface-to- functional absorbtion-area” ratio of about 1:3, i.e. much greater functional absorbtion area than a typical lot. This phenomenon is unique to this lot and the very few similarly situated lots in the City, and acts to mitigate the impacts of hardcover in excess of the 25% normal limit. The City Council finds that the conditions existing on this property arc peculiar to it and do not apply generally to other property In this zoning district; that granting the variances will not adversely affect traffic conditions, light, air, nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and vvould be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City Staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) to permit 8,810 s.f (39.2%) hardcover in the 75-250’ lakeshore setback, where 7,856 s.f (34.9%) exists and 5,624 s.f (25%) is allowed; end a variance to Section 10.56, Subdivision 16 (C) (6) to permit an an encroachment into the average lakeshore setback, subject to the following conditions; f. Page 3 of8 oT O'CITYofORONO i* 0- RESOLUTION OF THE CITY COUNCIL NO. 4 8 4? 1.Final drainage plans shall be reviewed by the City Engineer to ensure drainage is properly directed. Final plans include providing a new survey indicating all existing and proposed grade levels as well as all proposed site changes. All such drainage is required to be directed to the low area of the property. 2.The property shall be developed in general conformance with the site plan attached as Exhibit B, including removal of all hardcover as noted on the site plan. 3.Authorities granted by the variances run with the property not tvith the applicants, but are pemussive only and must be exercised by application for a building permit within one year of the date of Council approval, or these variances will expire on that date (August 12,2003). 4.Violation of or non-compliance with any of the terms and conditions of the variances shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5.The undersigned owners have read, understand and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 12*** day of August, 2002. ATTEST: Page 4 of 8 . i [• L $ CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 8 4? STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 12*** day of August, 2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. RACHEL OOOGE NOTARY PUeUC • MWNErOTA My C«mnMm EiVta* Aia 3t, 2005 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of ^ 1 1 .200 .r^ 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. cr%s»«esseaft RACHEL DODGE J not;.'y puolic • f.;* •: ■ •*' ft M)t ConwniMls.i ? J . r ____Y'rx ^ ^ — Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this 10 day of /v/>/7.; w ^ • 20^> . (£ r.\~>l mp personally appeared before me, who is personally known to me a credible o whose identity I proved on the basis of k- ^ D ____ whose identity I proved on the oath/affirmation_______ witness and who executed the foregoing instrument, and acknowledged that hc/she/they executed the same as his/her/their free act and deed. ^ _________**43 / /'/ DENISE M. LESWNEN NOTARY PMUC ESOTA Notary Public ft Page 5 of 8 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4847 ^ • STATE OF MINNESOTA COUNTY OF HENNEPIN On this lO day of 2 0 Qj. e<rt}Cil n\0 _personally appeared before me', * who is personally known to me u^whose identity I proved on the basis of M-Nl C. __whose identity I proved on the oath/affimiation ______ witness . a credible and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/thcir free act and deed. mmmmmmmmmaaaaata DENISE M. LESKINEN notary PUSUC-MMNESOTA I^CemiMon EipkM Jm. 31.20CS Notary Public Page 6 of 8 « « I '** i^ilh mm i : Exhibit A 484 7 LEGAL BTKCRIPTIQM*TF PBCHISgS I . ' *Lot 13 «nd-fhat port Of Lo.t 14; *PhMS4nVL«vo% ^scriu*^ M.roOo«si-B«o!rvib)a the- •Sou4hMsiin4y of no*t fo*i*rlx c«?rn«#*.of Lqt }2 h sold .*Ph«osont Lowh^ thipcf NorthorstoHy ' olono ihs divkino.-Uno bcipcen Lois 13 ond..l4 io Ihe flor’i^a^trty or nosi Norihe^y comer ' • ‘of sold Lot 13i thence. cosVfrly defirc^'g.ot.'on or^e of 127 degrees is 'nbiutes to the Hght' fron lust deseed coufse, o ^tonce ’of 12Q feetj thence southeosterly porollet ’slth the dividino • Une betveen sold l^ts 13 ^d 14- o dstoKe of 208 feetj t^nce eosterly clcfte^big ot on angle of S4 degrees no fiboites to the left fron lost descHbed cowrse« o-dstonct of 38S fe'etj • thence ot e Hght ongle.southeHy 7S feet, nore or. less, to W shore of Ldke Minnetonkot . ' thence eesteHy olong the shore ilf'sold'loke to the point of beginning,.occording to the plot* thereof on fte ond of record'in the of/lce of the 8egistiV of Titles. In on for sold County ond ?tote' h ' it Page 7 of8 Exhibit B 4849 .. KMT FK€3SeoTT<aWMCtt‘Pr “ * e^KTMA#r voAm Page 8 of 8 tat Lakeshorc Lots with Tcardown/Rebuild: Permits Issued 1-1-1999 thru 11-31-2004 (Variances in Bold Typeface) Address Zoning District Zoning Appit Kesol. // l.otArca (s.f.) Lot Dimensions Widlh X Depth XXX ->250‘ Hardcuver Lot Coverage Approved 0-75’ Existing (%) 0-75* Approved (%) 75-250* l-.xtsting 75-250* Area Approved I ontprint 7S-250‘ Approved (%) 1999 3SI0 Baysidc Road LR-IA 2396 «4135 59,282 230 X 260 0.0 0.0 16.6 50,220 4,220 21.7 7.4 2515 Kelly Avenue LR-IB 2428 «4201 43,170 115 X 360 6.3 6.3 29.5 22,695 4,712 24.8 10.9 3260 Bohns Point Lane LR-IB None —52,591 200 X 230 7•0.0 7•37,794 5,616 25.0 10.7 34X0 North Shore Drive LR-IC 2468 «4274 9,560 48 X 190 1.6 1.6 45.0 6,6.54 1,721 30.2 1721/lg.O 1725 Bohns Point Road LR-IB 2419 mm 127,382 320 X 360 2.4 2.4 6.7 61,281 10,366 24.9 8.1 1130 I^ma Linda Ave LR-1B 2363 //4098 19,065 95 X 200 0.0 0.0 15.2 10,523 1,81 1 25.0 9.5 2683 Casco Point Road LR-IC 2406 /Ml 57 20,230 90x215 4.7 4.7 13.8 13,465 2,7.57 25.0 15.0 2000 809 Brown Road North RR-IB None —245,225 300 X 800 0.0 0.0 0.0 80,466 NA 0.0 2.0 1392 Baldur Park Road LR-IC 2559 //4462 30,800 120x250 7.5 3.5 29.1 15,190 3,428 34.2 11.1 2696 Caroline Avenue LR-IC 2651 /M6I3 33.076 120x270 0.0 0.0 < 25%22,500 4.462 25.0 13 7 1687 Concordia Street LR-IC 2581 /M477 14,313 50 X 285 26.3 20.4 24.7 8,847 2,150 27.2 1.5.0 1875 Shadywood Road LR-IC 2796 /M835 36,040 260 X 139 2.3 2.3 22.1 16,920 2,496 28.9 69 2130 Shadywood Road LR-IC None —3 1,230 106 X 294 7 i •0.0 7 18,720 3,355 250 107 684 Tonkawa Road LR-IB 2599 //4504 29,564 85 X 350 20.1 7.7 34.9 14,878 2,947 24.9 12.0 1405 Rest Point Road LR-IC 2556 #4430 13,238 124x 107 16.3 22.4 13 6 3,731 1,985 18.8 15 0 3532 Ivy Place LR-IC 2636 H4671 21,500 99x215 2.0 0.0 50.4 13,183 2,670 25.0 12.4 3349 ('rystal Bay Road LR-IC 2593 /M512 4,901 50 X 118 27.0 29.0 48 0 2,052 1,082 47.0 1,082 sf U) > I ■ ' Address Zoning District Zoning App# Rcsol. # Lot Area (s.f.) Lot Dimensions Width X Depth Hardcover Lot Coverage Approved % 0-75‘ Existing (%) 0-75* Approved (%) 75-250* Existing (%) 75-250* Area Approved Footprint 75-250* Approved (%) 2001 1270 Spruce Place LR-IB 2486 //4473 9,850 49 X 186 14.2 3.7 27.6 6,100 1,499 46.9 l,499sf 2507 Kelly Avenue LR-IB None —45,330 145x310 0.0 0.0 7 25,220 5,124 25.0 11.3 1360 Vine Place LR-iB 2658 M602 69,150 90 X 500 0.0 0.0 NA 41,590 2,204 <25.0 5.1 1140 Luma Linda Ave LR-IB 2635 msM 8,850 50 X 177 0.0 0.0 23.0 4,750 1,237 29.8 1,237/14.0 1080 Wildhurst Trail LR-IB 2662 U4615 29,124 100x250 2.0 0.0 27.6 19,534 3,200 25.0 11.0 1926 Fagemess Pt. Kd.LR-IC 2623 #4579 8,018 100x80 29.0 26.0 « 25.0 500 1,495 « 25.0 1,495 sf 2685 North Shore Drive LR-IA 2672 #4o47 99,108 240 X 400 2.9 4.7 7 44,060 5,981 23.0 6.0 3195 ('asco Circle LR-IC 2411 #4215 25„.25 90 X 256 6.6 4.5 NA 15,880 3,396 24.99 14.6 4101 Ilighwood Road LR-lB 2673 #4645 jj 8,550 48 X 190 0.0 0.0 29.7 4,882 1 ,492 40.0 1,492 sf 3995 North Shore Drive LR-IC None —45,300 115x395 7 0.0 7 25,987 4,261 24.1 9.4 2060 Shadywood Road LR-IC None —40,436 150 X 270 2.7 0.0 55.0 25,553 4,024 25.0 10.0 4365 North Shore Drive LR-IB 2728 #4714 43,150 115 X 385 9.0 4.9 NA 20,015 4,156 23.6 II.4 2200 Shadywood Road LR-IC 2628 #4564 16,941 51 X 320 6.2 6.2 16.5 9,502 1,847 25.0 13.0 1520 Bohns Point Road LR-IB 2719 #4708 36,753 102 X 365 5.0 5.0 29..'»18,117 3,911 24.2 11.6 ' f 1 i Add less /omng histiicl /umng App ^ Kcsol. U I.ol Aica (si) Lot Dimcnsiuiis Width X Depth ILirdciivci U>t Coverage Appiuved % 0-75* Lxihtuig (%) 0-7S’ Appiuved (%> 73-250* l-xisting (%) 75-250* Arr.i Appiuved lootprint 75-250* Approved (%) 2002 2795 Hicasant Road l.R-IH 274K imi 46,560 153 x 300 2.3 2.3 23.6 26,426 4,694 23.6 10.0 372 Westlake Sla-el I .R-1A 2465 tl42M>53,700 307 X 175 7 0.0 7 29,737 3,513 24.9 8.1 1420 Shoreline Drive I.R-IA 2674 //4654 54,436 130 X 400 2.5 0.0 12.0 48,400 3,738 23.1 7.0 1423 Park Drive LR-IH 2725 //47I2 37,479 115x220 0.0 0.0 7 20,345 3,052 19.8 11.2 1325 Shoreline Drive I.R-IA 2720 itAim 93,503 190x490 3.0 0.0 7♦30,997 4,759 24.8 6.0 3440 Noilli Shore Drive I.R-IC None —21,500 100X 215 00 0.0 24.4 13,816 2,252 23.3 10.0 3375 C'ryslal Hay Road I.R-IC 2730 UAim 6,690 50 X 140 45.1 23.8 72.5 3,855 1,500 53 4 I500'22.4 3415 luisdake Slieet LIMA 2805 9,987 100 \ 100 29.4 16.3 16.6 2,487 1.472 30.5 15 0 1865 C'oncoiilia Streel LR 1C 2740 Z/4792 22,000 102 X 216 20.4 1.7 42.8 14,300 2,565 32.4 11.7 3625 North Shoie Drive LR-IC 2813 «487 1 5,462 50 X 109 17.6 I8.I 54.4 1,712 1,241 51.6 1,241 1725 (!oncoidia SUeet I.R-IC None —40,415 150 X 2M NA 00 NA 26,397 3,553 24.7 8.8 1160 1 ^lua Linda Ave LR-IH 2833 #4882 28,190 100 X 282 0.9 0.9 5.8 20.180 3,777 23.8 13 4 4496 Nurtli Shore Drive LR-IH 2825 M869 23,523 125 X 190 0.0 0.0 .M.9 I3,4(.5 2,775 24 9 11.8 1125 Spring Hill Road LR-IA None —274,528 700 X 350 00 0.0 13 0 97.417 5,782 I.SO 2 0 M AckJrcft«Zunina Disljui ZuniiiK RcmI. n Lot Aicj (sf.) Ul Dimensions Wnlih X l>cplh llaidtuvci 1^1 Covet Appiovcd % 0 7S‘ (%) 0-7V Appruvrd (%) 7?i.2SO* Fix 1st inn (•/») 7S 2Str Alcu Apivuvctl rikolptinl 75 25(r Appiovcd (%) 2003 2X00 Pheasant Road I.R-II)2KUX /M847 88,543 297 X 2Mt 1.5 0.0 34.‘>22.497 4,700 19.2 5.3 475.1 North SIm»u: I)i UMH 28X7 //4959 8,172 ro X 163 12.6 9.4 34.S 4,3X1 1.500 44.9 1,500 xf 332‘) C’lystal iJay Roail i,r-k:2X76 W4957 .1,741 50 X 97 38.6 .37.5 78.3 09 S i,i‘:r 28.6 1,145 sf 955 Toiikawa Road IJMH 285.1 //4908 147,935 208 X 6X4 1.5 oo •}34,825 4,078 21.7 3.0 .14W North Sliorc Drive I.R-1C 27X6 //483.1 10,018 SO X 2S0 0.0 t).0 12.5 6,7.50 1,.500 11.9 15.0 K47 Tonkawa Road LR-IM None ...62.400 ISO X 416 4.S 4.2 24.0 26,(i70 4.397 24.9 7.0 6X9 Tonkawa Road I.R 111 2901 «S()02 23.380 (i.S X 9.1 9.1 35.9 11.3frf)2.5.59 28.6 10 5 412** llighwornt R«*ad I.R-IH 289.1 //.SO 19 28,648 ISOx 190 6.5 5.7 37.1 16,655 2.370 28.2 8.3 I62.S Ttohiis Point Road I.R-IH Nr*ne —73,679 125X 186 0.0 0.0 7•23,7X0 4.574 24.7 6.0 r *r- t '• 1 1' l^r' r» Address Zoning District Zoning App W Rcsol ff Lot Area (sf) Ul Dirncnsiuiis Width X 1 )cpth Hardcover I.ot 0 7S* lAisting (%) 0-75’ Approved rh>) 7S 2S0* l:\isting 75-2M)' Area Approved 1 ontprint 75-250‘ Approved (%) Coverage Approved % 2004 344S Crystal Itay Kuad I.R-1C 2934 W5065 6,494 SOx 130 0.0 00 30.6 6,494 1,385 28.3 <1500 sf 1740 Shadywood Road 1.R-1C 2962 #5136 20,624 120 X 172 22.3 0.0 38.8 1 1,424 3,040 38.6 14.8 1489 Shoreline Drive LR-IA 2953 //5081 31,188 134 X 180 8.1 1.4 43.6 21,191 4,453 35.7 14.3 1435 Park Drive I.R-IB 2927 //5028 32,284 100x250 0.0 0.0 7 20,170 3,608 24.9 12.0 3775 Haysidc Road UMA 301 7 r»5l98 41,220 414 X 100 3.9 3.5 30.1 11,430 1,530 29.2 6.0 1690 Shadywood Road I.IMC 3009 «5?02 17,060 80 X 213 14.8 0.0 20.8 10,780 2,461 33.0 14.7 2695 Kelly Avenue LIMB 3032 //5207 26,925 120x 230 7 00 7 20,530 3,805 24.9 14.0 1265 BratkeUs l»l Rd I.R-1A 3012 //5195 144,491 700 X 200 7 l.l •}95420 8,704 24.2 6.0 4515 North Sluirc Drive LR-IB 2827 tf4873 23,360 75 X 307 7 (M)13,650 2,582 24.7 1.3.1 1300 Spruce Place I.R-Ili 2886 W5006 20,300 IlOx 180 20 3 2.5 to. 3 9.190 1,770 30.4 8.6 1444 Baldur Park Road I.IMC 2990 W5140 8,600 45 X 185 11.0 (M)47.0 5.180 1,500 45.0 I,5«U/I7.0 356 Westlake Street 1.R-IA 3051 fmn 28,000 50 X 555 00 00 35 4 I6..S00 2.190 24.5 7.8 3407 ]{astlake Street I.R-IA 3041 W5222 4.180 44 X 93 50.5 2I.K 37.6 SKO 864 47.0 864/20.7 3015 C’asco Point Road l.R-IC None —34.570 lOOx .370 7 00 7 10.990 4.085*24.3 II.8 ClU j SO0* ^'-i Foot/^^wt" 3b / 0 ,<o' .'VK'*’ / # 245225 4180 4901 3741 6850 5462 6494 9987 8,550 8018 9850 6690 8172 10048 8600 4iZ20 9'«50 21.300 19065 16941 31230 23225 30800 53700 40415 32284 54436 28190 /VUr^ /iV^>-?P- t)ifP 80466 880 2052 £•'5 4760 1712 6494 2487 4882 500 6100 3655 4381 6750 5180 11431) 6654 9190 10523 9502 0 864 1082 1145 1237 1241 1385 1472 1492 1495 1499 1500 1500 1500 1500 T53?T 1721 1770 1811 1847 18720 15880 15190 29737 26397 20170 48400 20180 3355 3396 3428 3513 3553 3608 3738 3777 0 47 47 28.6 29.8 51.6 28.3 30.5 40 25 46.9 53.4 44.9 339 45 29.2 30.2 30.4 25 25 13238 3731 1985 18.8 14313 6847 ;^‘i50 1^7.2 ^ 28000 16500 2190 24.5 69150 41590 2204 25 21500 13816 2252 23.3 A 28648 16655 2370 28.2 17060 10780 2461 33 «- 36040 16920 2496 28.9 23360 11360 2559 28.6 22000 14300 2565 '' . 32.4 ^ 23360 13650 2582 24.7 21500 13183 2670 25 20230 13465 2757 25 23523 13465 2775 24.9 29564 14878 2947 24.9 11424 ;iu40 1^8.8 4^ 37479 20345 3052 19.8 29124 19534 3200 25 25 25 34.2 24.9 24.7 24.9 23.1 23.8 26925 35753 20530 18117 3805 3911 24.9 24.2 40436 ^5553 4024 '25 147935 34625 4078 21.7 34570 10990 4085 24.3 43150 20015 4156 23.6 .1.0^ IT' Swir«- 59282 50,220 4220 21.7 45300 25987 4261 24.1 62400 26670 4397 24.9 31188 21191 4453 35.7 33076 22500 4462 25 73679 23780 4574 24.7 46560 26426 4694 23.6 > 88543 22497 4700 392 43170 22695 4712 24.8 93503 30997 4759 24 8 45330 i52^0 5^54 25 274528 97417 5282 15 52591 37794 5616 25 99108 44060 5931 23 144491 954120 ^704 24.2 127382 61281 10366 24.9 /K C^vQ>VV>TV^ • # • f J A n,o. /AK€^Ht5<z^€: ec£*uluc>^ /'?9''-2^c»y ^exer^'f u>t A^f\ 3& 3741 4180 4001 5462 6404 6600 8018 8172 8,550 8600 8850 0560 0850 0087 1054F 13238 14313 16041 17060 10065 ’20230~ 20300 20624 21500 21500 22000 23225 23360 23360 23523 26025 28000 28100 28648 29124 29664 30800 31188 31230 32284 33076 34570 36040 36753 37479 40415 40436 41220 43150 431/0 45300 45330 7r »'?' 995 880 2052 1712 6494 3855 500 4381 4882 5180 4750 6654 6100 2487 6750 3731 8847 9502 10780 10523 T34F5' 9190 11424 13183 13816 14300 15880 13650 11360 13465 20530 16500 20180 16655 19534 14878 15TS0' 21191 18720 20170 22500 10990 16920 18117 20345 H397 25553 11430 20015 22695 25987 25220 1145 664 1082 1241 1385 1500 1495 1500 1492 1500 1237 1721 1499 1472 1 MO* 1985 2150 1847 2461 1811 ■2?5f 1770 28.6 47 47 51.6 28.3 53.4 26 44 9 40 45 29.8 30.2 46.9 30^ '33.9 18.8 27.2 25 33 25 -rr-w % 46560 26426 4694 23.6 37794 55TB ^5 53700 29737 3513 24 9 54436 48400 3738 23.1 59282 50.220 4220 21.7 62400 26570 4397 24.9 69150 41590 2204 25 237B0 ‘4574’24.7'^ 69543 224^7 4700 “397™[ §3S(i3 '■ 36997 4759 24.8 ^ ^ 09108 44060 5981 23 61581 10366 24.9 144491 95420 8704 24.2 147935 34825 4078 21.7 245225 80466 0 0 274528 97417 5282 15 /PFFieK* 3040 2670 2252 2565 3396 2562 2559 2775 3805 2190 3777 2370 3200 2947 342fir 4453 3355 3608 4462 4085 2496 3911 3052 '3*553 4024 1530 4156 4712 4261 5124 25 30.4 38.6 25 23.3 32.4 25 24.7 28.6 24.9 249 245 ?3.3 28.2 2b 24.9 ■342 35.7 25 24.9 25 24.3 28.9 24.2 198 *24.7* 25 29.2 23.6 24.8 24.1 25 SwJtl - Me VA/e. {J7T vr 2VD' ^ \0,^ . icpoo 'f-9 *»>ooo ' ‘70000 26 '4 **4 zz .fc •/ f / • • i V * -7X -2jro* Al^^A^SC 0^ y’ Ltr 8018 4180 3741 5462 4901 9987 13238 6690 8172 8850 8,550 ”?5-^SO* I *7J'25®' Mr/t }pi9rnt^ IK/. dDP -1^ 8600 9650 6494 9560 10048 '\9P 14313 20300 16941 f /c y' / 19065 17060 34570 23380 20624 41220 21500 20230 23523 23360 21500 22000 29564 4 •: 1131 23225 28000 28648 36040 36753 31230 29124 43150 32284 28190 ,«l7' 37479 If 26925 33076 43170 73879 45330 40436 500 1495 25 880 864 47 995 1145 28.6 1712 1241 51.6 2052 1082 47 2487 1472 30.5 3731 1985 16.8 3855 1500 53.4 4381 1500 44.9 4750 1237 29.8 4882 1492 40 51^0 15O0 ■"45 6100 1499 46.9 6494 1385 28.3 6654 1721 .30.'2 6750 1500 33.9 6847 9190 9502 2150- 1770 1847 10523 10780 10990 11360 11424 11430 13183 13465 13465 13650 13816 14300 14878 1811 2461 4085 2559 3040 1530 2670 2757 2775 2582 2252 2565 2947 (t) l'^9^ 15190 3428 34.2'^ 15880 3396 25 16500 2190 24.5 16655 2370 28.2 16920 2496 28.9^ 18117 3911 24.2 18720 3355 25 19534 3200 25 20015 4156 23.6 20170 3608 24.9 20180 3777 23.8 20345 3052 19.8 20530 3805 24.9 21191 4453 35J 22497 4700 39.2 22500 4462 25 22695 4712 24.8 23780 4574 24.7IS^o 2b 25553 4024 25 pf tO'J lAP*' -sD' ■> If-ZSO'TT-irt i 45300 25987 4261 24.1 40415 2639^3553 24.7 46560 26426 4694 23.6 62400 26670 4397 24.9 53700 29737 3513 24.9 93503 369^7 4759 24.8 ' 147935 34825 4078 21.7 52591 37794 5616 25 69150 41590 2204 25 f- 99108 44060 5981 23 54436 48400 3738 23.1 59282 ^,i20 4220 ii.7 127382 61281 10366 24.9 245225 80466 0 0 144491 95420 8704 24.2 274528 974 <7 5282 15 UrM*. - He VA/2- -irfe A<^ «or Ir tso' - H,loO it (P-S13U30 ^v^oo * irw -lotpoo /o^o»o - IS’^OOO • '2«^d6-o It,wo ' "Vi^ooo - Holt t/e>fc > SOK- 50 Me ^V6. M< AVte HrC AV(, KC Av^ He /AI6 He He- M(> He AI& i4iu r V. 0'^ ^luA *4 - zis fo CO /a r f \ i «3052 - ADDENDUM To:Ron Moorsc, City Administrator Mayor and City Council Melanie Curtis, City Planner litrcTiMr: OEC 1 ,5 2004 From: Date: Mike Galfron, Planning Dircctor^^/^^^^ December 10,2004 CilYu-oiiu\y Subject: //3052, liric Vogstrom, 2918 Casco Point Road Attacluncnts: 1 - Revised sui'vcy submitted 12-11-04 and full-size excerpt 2 - Revised hardcover calculations submitted 12-11-04 3 - Resolution No. 5179 At 11:00 a.m. today Mr. Vogstrom submitted a revised suiA'cy ami banlcovcr worksheet, showing changes to the driveway resulting in a pro|K).sed 75-250' hardcover level of 34.5%. f his infonnation was received after the staff tnemo and packet were already complete and copied. TIjc plan revision that resulted in this decre;Lse from 36.0% to 34.5% is a reduction of 114s. f oftiriveway. While this is a commendable attempt at hardcover reduction, it suddenly puts thedriveway proposal out ofcompliance with the minimum drivewaystandanls of Resolution No. 5179, "A Resolution i*.stablishing Policies Regarding Minimum 1 lardcover Standards for Garages. Driveways, Sidewalks, and Similar Properly Features ” adopted 5-24-04. Resolution No. 5 179 requires a minimum apron width of 28’ for a tlircc stall garage and a minitnum apron depth of 15' prior to the apron beginning to tape*". The previous proposal met the rnininunn 15' apron depth. The new proposal only has a 10 ’ apri>n depth before the taper. I hc policy Resolution establishing minimum driveway standards was adopted for the exact pui poseof avoiding situations such as that now proposed, which results in inadequate area for vehicle parking and maneuvering. The Council should reject this utfeiiipt at hardcover reduction us not being in compliance with minimum driveway standards. ff*- V. I o* • • to show trees cut down and trees still standing on the entire lot. ■4 to show additional trees cut down per client. 4 to show new proposal for different home. i 04 to show reduced driveway to reduce hard cover. Winships Subdivision of Lot 1, Spring Park Second Addition, •< u. oiiuwiiig cievation.s on me site • the site. The elevations shown rel benchmark and check at least one for use on this site. STANDARD STm^OLS ik COf " • " Denotes 1/2" ID pipe with p otherwise noted. ? ELEVATIONS nON = 951.50 = 951.10 = 942.80 ’ IRON AS SHOWN = 944.10 T''--. I hereby certify that this plan, spec under r y direct supervision and tk Professional Surveyor under the la (ai^s II. Parker P.E. & P.S. No. 9 SEO 687 PROPOSED WALK 108 SO. FT. BENCHMARK .-TOP or /RON - 944. fOr^ 161. fS si 89 ’2jj00" E / } D«6 lU uutJba James n.A. iWftM • w w f ** SZT3ACX (CIRCLZ ONZ) i)-T5"^S-Z£v^250-fCO’ fio-ioc-r ' ryrsTTNC ~*;^PCQ^^Tit rv zo>' A. Kcuse______________USA 5 ^ u=r^"Prl;C 7 S--. % • • •• 3. C«ng: C, Drivewiy X X S^. SJ. p. siccw»r< E. P^Q^rcck K X 232-%:- 5 - X X SJ. Sx. R Imdsap^ C -WsO UiMkriaia V By Ptoifc _____________ X X X \5 SJ".ss. SJ. Q. Odwr PlfiV>-y^V S.F. total KAIICCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE ‘ + B ^ A / O * 100 » ?,DZR sj. A SJf. B > r^i. I 7c /4TTA«i^/rMvrAjr~ (Z. CITY of OROXO RESOLUTION OF THE CITY COUNCIL • 179NO Dran )»5 • 5/:0/0l A RESOLUTION FSTARUSIIIN^ POLICIES RKCARIMNC; MINIMUM HARDCOVER S TANDARDS FOR GARAGES, DRIVEWAY S, SIDEWALKS, AND SIMILAR PROPERT Y TEA TURKS WIIERT^AS, the City ol Orono since 1975 l>as regulated llie use aiul placement of h iidcoveron land within 1000 feet of lake shorelines; and WHEREAS, City Ordinances define hardcover as "Any stiucturc, blacktop, or other matciiul which intei feres to any degree with the direct absorption of rainfall into the giouiul"; ai>d WHEREAS, the City Ordinances placing limitations on the use of hardcover ilivide the 1000-foot regulatory /.one into four tiered "hardcover zones" which arc commonly referred to as "the 0-75* zone", "the 75-250' zone", "the 250-500' /one", and "the 500 1000' zone"; and said /ones are respectively allowed 0% hardcover, 25% hardcover, 30% haulcover, and 35% hardcover; and WHEREAS, due to the hardcover limitations it has become common practice for applicants for building pennits to minimi/c hanlcovcr associated with ilriveways and sitlewalks in ouler to ina.ximize the haulcover available for their stnictural footprint while meeting the established hardcover limits; and WHEREAS, line to the hardcover liniitations, applicants for building pcimits might choose to not iiu hide a garage in their initial pennit request, only to later request haidcover or setback variances for constiuction of garage stalls, and WHEREAS, the ('ity has heretofore not established minimum standaids for garage, diivcway and sidewalk diinensions, and consequently has been faced with proposals for garages, driveways .and sidewalks that arc minimally functional or non functional and which do not provide for safe, efficient access and otT street paikmg needs; and WHEREAS, the City wishes to avoid situations in which poor garage, driveway and sidewalk plant ’iiig, lesults in latei icquest.s lot excessive hardcover; and WIH REAS, the ( ity seeks to establish a balance uiat avoids excessive hardcover while providing adequate functionality with regards to private garages, driveways and sidewalks, ami tlierefoic it is in the best intciest of the City and its residents to establish a policy providing iiiiiiiiuuni struidaids for such fcatuics for propcity subject to haidcover recuiations Page 1 of 3 ? CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 917^ NOVV.THERKI'ORK BE I T RESOI.VED, that the City Council ofthe City ofOrono docs hcicby establish the following Policies; 1. Diiveways for redeveloping properties wi'liin the Shoi elaiul Overlay District shall be subject to th.c following mininiiun .limeiisional standards to allow for safety, functionality, numeuvcrability ;uul ofl- strcct parking: 3. 4. a. b. c. All garages used ot likely to be used for the storage of motor vehicles shall be provided with an apron, taper and driveway. iVlinirniin'. apron Width: licjuivalcnt to outer width, of garage door openings (see diagram) Typical. One-stall - 9’ minimuiir Two-stall • 16' minimum Three-stall - 28' mimnunn Minimum apron depth: End-load: 15' from garage door face Side-load; 20' from garage door face d. Minimum lengthwise taper ratio: 2:1 c. Minimum driveway width: 8' f. Minimum back-up apron dimensions (if rcciuiied due to high-traffic road): S’ x S' I he al>ovc standards arc illustrated in the drawing attached to this Resolution as G.xhibit A. 2. Driveways using pavers shall be considered as 100% hanlcovcr "Wheel-strip" driveways will be allowed, but for hardcover calculation purposes the entire width of the driveway (from outside to outside of strips) will be considered as hardcover. A sidewalk extending from the ilrivew ay to the front or main entrance of a structure shall be provided at a width of no less than 24". Page 2 of 3 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 17? 5.AH residential site plans submitted tortb * j uiposeofobtaiiaiiigabuildingpemiit for construction ofd new residence or expansion of an existing residence shall include “proof-of-driveway ” and *‘prQof of-garage'’i i.e.sufficient infonnation to show that the hardcover necessary to accommodate aQ^ serve a conforming 2-stall garage, attached or detached, is available regardless whether such garage is plarncd to be constructed pursuant to such permit. 6.Site plans shall account for the hardcover necessary to provide the minimum landing or stairway required by the Uuildirrg Code for any door openings shown on lire building constinction plans. 'ITic approval ofbuilding plans containing door openings on any stot7 shall in no way be constnied as granting the right to a variance for hardcover to constaict a deck .it such opening. 7.Site plans, driveway and sidewaUv proposals which in the opinion of Uic Zoning Administrator do not meet the above guidelines shall be rejected. 8.The need to provide for garages, driveways and sidewalks meeting mimmum City standards .shall not be a basis for the granting of hardcover variances; rather, the mimmum garage, driveway and sidewalk standards when considered m conjunction wiili the other pertinent regulations governing site development, shall help establish the appropriate size structure for a given site. Adopted by the City Council of Orono, Minnc.sota this 24 th day of May of __^___ayes and__0 .»200 by a vote nays. ATTEST: J . Linda S. Vee, City Clerk Barbara A. Peterson, Mavor Page 3 of 3 EXHIBIT A RESOLUTION NO. MINIMUM driveway STANDARDS Date Application Received: 08-18-04 Date Application Complete: 09-13-04 120-Day Review Period Extended: 03-10-05 p«rcTiMr: DEC 1 i 2004 CITY UK CHUiYO REC^LIEST FOR COUNCIL ACTION Date: December 7, 2004 _______ Item No. ^ f Department Approval: . Name: Melanie Curtis 11|^^\ Title: City Plaoner Administrator Approval:Agenda Section: Item Description: #04-3052 - Eric Vogstrom 2618 Casco Point Road - Variances Zoning District: Lot Area: Lot Width: List of Exhibits: LR-IC. One Family Lakeshore Residential, 0.5 acre/100’ 0.47 acie/20.56l s.f. 100' parallel to the shore &. 80’ (g! 75’ setback A - Revised Plans 12-05-04 B - Council Action Notice 12 02-04 C - Council Memo 11-17-04 D - Review Period Extension 12-01-04 E - Restoration Plan Staff Review Letter 12-08-04 Application Summary: This application was tabled at yova November 22"' meeting in order to provide the applicant with an opportunity to redesign die proposal to reduce or eliminate the variances requested. At that time Council directed the applicant to redesign the proposal to include a 1,500 s.l. building tootprint and the appropriate hardcover to support that home. Upon receipt of this requested plan the Council would determine the appropriate Uvel of hardcover variance. 1 he applicant has submiiterl a rei ised plan: the home was slightly redesigned and the applicant is now proposing a slightly lesser variance than the 36.8% hardcover within the 75 -250 setback /.one which was proposed previously. Hie new design is reduced from 1.884 s.f. to a 1,699 s.t. building footprint (including a home, 3-car aiiached garage, aiui deck) with a total of 36.0% hardcover in the 75 -250 zone. 1 he new design proposes only a 0.8% hardcover reduc.ion trom the previous proposal. Staff feels that the proposal is not responsive to the Council ’s direction, and is resulting in excessive staff lime being spent on the application. Planning Commission Reeommciulalion On November 15. 2004, IMaimmg Commission voted 5-2 (dissenting Commissioners Fritzlcr and Jurgens felt ailditional hardcover reductions were warranted) to reconunend approval of a variance within the 75’-250’ zone for Jo.SSo 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. Hie I’Urnning Commission has not reviewed the m.vst recent submittal. Planning KtafTRecommcmlation Although the majority of 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% or even 36% is warranted for this specific rebuild. Council should discuss the merits of this requc.st and reach a conclusion as to what level of liardcover is appropriate to the site. Staff also feels that Council should review this proposal as a “footprint” rather than a rambler or two-story, as either could be constructed on this propeny. Planning Department Stall continues to recomnicnd approval of the average lakeshorc setback variance. Staff believes that the size of the 75’-250’ zone (7,673 s.f.) which at 25% would allow only 1,918 s.f. of hardcover, is an inliereiit hardship. The city has generally established that for very small lots, the minimum reasonable gatagc/housc footprint is 1,500 s.f.. It is likely impossible to construct a 1,500 s.f. house on this site within the 25% limit. Therefore staff will conceptually support a 1,500 s.f. home with the minimal decks, sidewalk and driveway needed to support it, but v;e think this can be done in the range of 30% hardcover, not 36%. We are not convinced that the 3'** garage stall is necessary. Council Action Rcquc.stcd Options include: 1. Accept the current plan and direct Staff .0 draft a resolution reflecting Council’s action for adoption at your January meeting; or 2. Reject the current plan and again provide the applicant with guidance; or 3. Other. \ / / . \0‘ I f-t2’ Spruce 5 lump-^ .Ig^^ rs‘»’l S9'^J'001 E —2IU0-;- S TAft f%i,» ^ » ' • f / Spruce Tree stump location shown - os per client O .' o verified / / a/ 7re/? .*5// /oca til 11 as /»i't^ not f'tm free utiini, location •/ 05 pc/ /-*^'/ 00/ hdd \ \ Jk iMttI __ _ ___ >-..... • HUK -------------------- - ‘--uv” » >|,»t- «%«•»« ^ WM*!****^^"*" « • wSfc** <^««« U-io:. v.^1 ■f'Till k—*•• ..M-— —— .—•<■.-«“• rno!>or,n) / wr Of foumtAnoN - ^ *^Ar>ia /irvit ; ^ttNcmim f*of* • ...................... it. .,. w •*. ••'» • »*. *^* ‘jjr«:r--- . ..................: - r ::. .r\.. ...............•• •*•• • ........................................ - i .•. • - • •* •' ** —:;.V-.r».r.r-.~..:-T^:;r t%» »>^’****^*^ (tiCA li* • X ^,1 A Co iLOf f r ,, _Y- JI r 1 •. r kJXi**" /^ i!fr (Unimproved) j ]____________I _____ i. » On Ho. omx r SaT3ACX ZON&: (CHICLE ONE) O-TE gxirrrNC 7qv A. Kcuitt 15i>-5*:0* 50‘>.1‘CC* IIB4 £? £=r-' 3. O&n^* C DnveA^ay D. Siccwiik X X E Paii<yl5ecic X X F. Laods^e Undertxin By P!istk c Kjfcap X X X C. Other Plcin'Vg.V' TOTAL HAiUXOVEa. 04 ZONE TOTAL PROPERTY AREA IN ZONE X too'? 0’2-fA B ffRDPOSgP HARDCOVER IN ZONE A. House______________ * Witfm X X X B. Garage C Driveway X X D. Sidewalk X X E, Pad<yDcc5c X X Underlain 3y Plasnc X X X G. Gdier TOTAL HARDCOVER IN ZONE TOTAL PROPERTY flMA TS ZONE 'lrtC.2^ _ - 3 ? 7 S5. s^. 33"/SJ'. S.r. SJ “. Sx. \5 S.F. SJ^. SJ. S.F. 2.02.?^ S.F, S,R A B SP. S.F. S^. Si^. S.F. PiOl SJF. S.F. ST. Sx. S.F. S.r. S.F. 3.?. ^ r SJ. X ICO - *^^7 • SE. A ^ Cy» O Vq •aliaBM I Vogu6 Hoflfios* Inc Vogstrom Residence Casco Point Road •A f i j \T. < LAKE VIEW ( < ----*— < V ^ . '' • ' * t ' t ' At •! k* t t : SECOND FLOOR PLAN 891 sqft ' • W ' t', Jh - .. > '6 CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 ZONING HLE 04-3052 NOTICE OF COUNCIL ACTION DATE OF NOTICE: December 2,2004 TO: Eric Vogstrom 20840 Channel Dr Greenwood, MN 55331 COPIES: Timothy J. Keane — Leonard, Street & Deinard ISO South Fifth Street Suite 2300 Minneapolis, MN 55402 TYPE OF APPLICATION: Variances DATE OF MEETING: November 22, 2004 VOTE: 5 FOR 0 AGAINST Motion: To table the application in order to allow for the applicant to redesign the proposal to reduce or eliminate the variances requested. Your application is hereby tabled to the December 13"’ City Council meeting. If you have questions please call Melanie Curtis, City Planner, at 952.249.4627. The City has received your request for an additional 60-day extension for your application review period. Therefore, the review period is hereby extended an additional 60 days to March 10, 2005. F I)u(e AppHcalion Reri‘ive<l: OK-lR-04 Date Appliralioii ('oiiiplfle: 09-13-04 60-Dav Review reriud Exlemtcd: 01-13-05 RFOIJEST for councii . action Date: November 17, 2004 Item No. I)i‘|i:irlnu‘n( Appro«al: Name: Melanie Cunis [\J\C\ Title: C'itv IMannci ' Administrator Approval:.Agenda Section: Item Description: /^04-30.S2 liric Vogstrom -- 2618 Casco Point Road - Variances Zoning District: Lot Area: Lot Width: LR-IC, One l•annly I akesliore Resiilential, 0.5 acre/lttO’ 0.47 acre/20.561 s.f. 100’ parallel to the shore SO’ @75’ setback List of pAliihits: A - PC.’ Action Notice dated 11-17-04 n I’(7 Mcmt) & Exhibits of 11-10-04 C Letter from Hawkins ficc & Landscaping dated 11-8-04 D Drart Minutes from 11-15-04 Application Summary: 'I'he applicant is proposing .36.8“o hardcover within the 75’-250’ /.one and an average lakcshore setback variance of 5’ m conjunction wiih the rcdcvelopnicnt of llie lot This application was initially denied by the Planning, C'oniini.ssion at their October ineeting and tabled by the (7ouncil on November s"' as the applicant revised the plan alter the Planning C’oniiiiissioii denial. During the November 15"' Planning Coiiimissu)ii nicetiiig, the Planning C'ominission clarit'ieil with the applicant that a I-story rambler walk-out was proposed. I'o w hich the applicant stated that a 1-story rambler walk-out was the current plan. Ilow' does the proposed home style affect the variances as proposed? Would a two story home warrant similar variance approvals? With regard to the applicant’s reque.st for an average setback variance of 5’, a two-stoiy home would be a further encroachment into the average lake setback than a 1-story lumrc. Lire Council should discuss whether variance approvals shouUI be conditioned on a specific home style. IMiimiiiig C'uinmissioii Kecoiiiineiidalioii On November 15, 2004, Planning Commission voted 5-2 (dissenting I'ommissioners Frit.’lerand Jurgens felt arlditional hanlcover reductions w ere wan anied) to recommeml approval of a variance within the 75’ 250’ /one for .36.S“o hardcover or 2,824 s.f and an average lake setback variance to encroach 5’ into the average Like setb.ick in conjunction with landscape icsloration plan to be appro veil. 1 Planning Staff Recommendation Although the majority of the Planning Commission concluded that the large 0-75 ’ area and relatively small 75 ’- 250’ area is a hardsliip 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. Planning Department Staff recommends approval of the average lakeshore 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 detennined. Council Action Requested Direct Staff to drafl a resolution reflecting Council’s action for adoption at your December meeting. !ie large 0-75’ area and relatively iced that the level of 36.8% is s of this request and reach a eshore setback variance; and iupporting a hardcover variance an 5tion 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 NOTICE: November 17,2004 TO: llric Vogstroin 20840 Channel Drive Greenwood, MN 55331 COPIES: Timothy J. Keane Leonard. Street & Deinard 150 Soutli 5'" Street Suite 2300 Minneapolis, MN 55402 TYPE OF APPLICATION: Variancc.s 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 conjiniction with landscape restoratioji 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 ceilified copies of the official Planning Commission minutes, they arc available from the City Recorder after review and approval by the Planning Coimni.ssion. It you have questions, please call City Planner. Melanie Curtis at 952.249.4627. riLE #04-3052 10 Novombtr 20C4 Page 1 of 2 Dnlc Applicjitioii Received: 08 18-04 Dale Applicatiuii Considered as Complete: 09-13-04 60 Day Review Period Expires: 0I-I3-0S T03 Chair Rahn and Planning Commission Mennhers Ron Moorsc, City Adminislrator From: Date: Melanie Curtis. City Planner November 1 0,2004 il■I Subject:04-3052, Kric Vogsirom, 2618 Casco Point Road, - Variance • public hearing Zoning District: Lot Area: Widtli: I.K-1C, One Family laikesliore Uesitieiilial, Vt acre/IOO* 0 47 acre (20,561 s.lV) 100 ’ parallel to the shore 80 ’ 4 75 ’ setback Application Summary: This application was denied at your October ix”' meeting. Since that lime the applicant has proposed reductions and has been ret'erred b.ick to llie Planning Commission by the City Council for review of the revised plan. The icvi.scd 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 e.xisis (45,8% with the addition of the 2,652 s.f. area used as the gravel driveway in the right-of-way); Uiid 2. An average lakeshore setback variance to ettcroach 5 ’ nearer to the lake than the piopcrty to the south. '1 he applicant has submitted a tree and vegetation restoration plan for the property which staff is cuireiitly reviewing. Staff Recommemiation: Planning Department Staff rccomtncnds approval of the avei.ige lake.shoie setb.ick variance; iind sh«>uld the Planning. Commission find that theie IS a hardship inherent to the land supporting a hardcover variance an appropiiate level should be detci mined. l ist orF.kliihils A. Survey revised NovcnilMrr 8, 2004 IV. Council l<c|H)it as of November 4, 2004 n FILE #04-3052 10 November 2004 Page 2 of 2 Hardcover Calculations; Hardcover Zone Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover 0-75 12,888 s.f (including non-configuous property east of Carman Bay) 0 s.f (0%) 0 s.f* (0 %) 0 s.f (0 %) 75 - 250 ^7,673 s.f 1,918 s.f (25%) 2,080 s.f* (27.1 %) 2,824 s.f (36.8%) * After exc usion of fabric or plastic-lined landscape beds Hardcover Variance 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***. -~Tl"rTrTriTniiiiiiii J —:cT / •SV-. f/f ''^eo __ I \ I I I '»» / X947.2 . ^^45.3 (X / \ / /-/P Spruce Sfump-^ r \ Im Stump I ih ^ t oncrcte .Pod \ IX ia d! 0.8 ^J’OO'] E 7.10-4- forth linj of Block /X Winships \Suhd. of Lot h Sphng Pork 2nd Addition ' xii'jrj >048.6: Spruce Stump Crete tJ/uores ti' .'f/ n 4 “ Oak Stump o (« / Ash Sti Ret Win Sq n I XX939.i f.F /y© PROPOSED pKIVE "/^ ^ iM-D Tir/W 5" Tr^Sta ^0* Spruce Stump Jf* \ 9 V 942.V ^4 ’Spi u942'^3 <-946.8 ce Stump j ^~>Jf.y>e Ret Watt ' i-' / aiiJLSt f pROPpsED /pea $0. El :932. 6* Spruce Tree stump location shown os per client \ not field verified / /.. O'-- K-. z'4vC / 931.0 ,0-0^ (% .1-^' /Is/? free stump location sho\^n as per client not field verified m 4" Maple Stump X947.1 X94 )\l2’ Spruce Stump ^ ;K.y'»j.o ^ ^X941 9 ft 944.1 8**.Spruce Stump v y Of j XQ3T6' / v932.5 V/;& 11 930 founds t#o Coip /5/. /y 89'2 J 00" E / r / / / y r/m SZjy/77p^^ 20 i u 2“ Etm Tree stump location shown as per client not field verified \ \p VI \ V / / X' I / / / / s / * / f / / 5XT3A.CK : (CIRCL-:. -.xi/ TVTt^rTVr: rA?^CO"3\ T>‘ Z01 Ha?wC0*'13^. CALCLi^-^iiOr^r ' T5-Z50' • M unr--*=f*:c:^ X 5. Cfinss C Drivr-sy .^>fi- Lw-zUL "D. SicswiDt X X E. Paiiarcdc X X F. Laaciscape Underlain By Plasdc X X X Si m 0. Otfcer TOTAL HARDCOVE?. IN ZONE TOTAL PROPERTY AREA IN ZONE + 8 ____X ICO aonpnsgn ff^BnrovER TN ZO.ca A. House Lsagih Width X X X B. Garage C Driveway X X D. Sidewalk X X E. Fadc/Deck X t? T • • •• ■ Ur,dsrisin By Plastic / > ** 5-^ f»:i ^ * 0. Other TOTAL KAJCCC^TR IS TOTAL PROrESTf IS ZCNs. A * o X ICO 11 X - 55. 55. 5 7. V'/"'c- S-- h-r. * w.S5. S*r • S5. /L-S.f. S.F. A ___ ” SJ. B -> -7 . / % 7 i- 7 Ji S.F. S.F. SJ. S.F. > %SJf. <1; S S.F. SJ. \CKc SF’. S.f • ■)N*4 S.F. S.F. W»A • 0m 0mo.i*. 35. SJ. 75-2W 5-t. ^ 1V "7^SF. 3 Dote Application Received: 08-18-04 Dale 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 1 A/ 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, Vi 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 Si vegetation removed. Application Summary: This application was tabled at your October 25, 2004 meeting. Please refer to the Council Memo dated October 20, 2004 (Exhibit A) for the most recently revised plans and hardcover. Planning Commission Recommendation This application was first heard by the Planning Commission on September 20"' and was tabled at the applicants request in order to reduce the level of hardcover variance requested. On October 18, 2004, Planning Commission voted 5-2 (Bremer and Rahn cast di.ssenting 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 tlic Planning Commission for review of the revised plan. COUNCIL ACTION REQUESTED Refer the application back to the Planning Commission in order to review the revised plan, or direct staff to draft a denial resolution for adoption at your November 22'”* meeting. }^/y ' ?J>iT /• CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 ZONING FILE 04-3052 NOTICE OF COUNCIL ACTION DATE OF NOTICE: October 26,2004 TO: Eric Vogstrom 20840 Channel Dr Greenwood, MN 55331 COPIES:Timothy J. Keane Leonard, Street & Deinard ISO South Fifth Street Suite 2300 Minneapolis, MN 55402 TYPE OF APPLICATION: Variances DATE OF MEETING: October 25,2004 VOTE:5 FOR 0 AGAINST Motion: To table the application as requested by the applicant Your application is hereby tabled to the November 8**' City Council meeting. If you have questions please call Melanie Curtis, City Planner, at 952.249.4627. i! £/.f-! Date Application Received: 08>18*04 Date Application Complete: 09-I3-04 60-Day Review Period Expiration: 11-13-04 REQUEST FOR COUNCIL ACTION Date: October 20, 2004 Item No. Department Approval: • Name: Melanie Curtis 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, '/i acre/100’ width Lot Area: 20,561 s.f. (0.47 acres) Lot Width: 100' measured at a line parallel to the shore & 80’ at the 75’ setback List of Exhibits: A. Revised Plans & Revised Hardcover dated 10-21-04 B. PC Action Notices dated 09-23-04 & 10-20-04 C. PC Memo & Exhibits of 09-13-04 & 10-14-04 D. Minutes from PC Meeting 09-20-04 & 10-18-04 (Draft) E. Letter to the PC from Neighbor at 2648 Casco Point Road Application Summary: In conjunction with a proposal for construction of a new 3002 s.f, home, the applicant requested variances within the 75*- 250’ setback zone for 57.9% hardcover where 25% is normally allowed, an average lakeshore setback variance to encroach 10’ nearer the lake than the neighboring home and a side street setback in order to encroach 5’ into the 15’ setback from the unimproved right-of-way. At their September meeting, the Planning Commission reviewed the application and voted to table the application stating that they would like to see the applicant revise the plan to reduce hardcover. For review at the October 18'*' PC meeting, the applicant redesigned the plan to a request for 38.9% hardcover within the 75’ - 250’ setback, a variance for a 5’ cncroaclunent 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. r Planning Commission Recommendation This application was first heard by the Planning Commission on September 20 and was tabled at the applicants request in order to reduce the level of hardcover variance requested. On October 18, 2004, Planning Commission voted 5-2 (Bremer and Rahn cast dissenting votes) to recommend denial of the hardcover and setback variances based on lack of sufficient hardship. The two dissenting voters would have offered the applicant a tabling to allow him time to provide a further revised plan. Planning Staff Recommendation Tlie 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. * 'd North line of Block J, Winships Subd. of Lot /, Spring Park 2nd Addition wtna ft =L-JCC0*''"I3i. CALCLTLAiiO?* SXT3AC:< 23>3: {C13.Cr^Z T-r?rrrv(T -i~r?co ’~?- r- zc^-2 .Au nciss X V 2. c Drlvr^ry/X X D. s;drvi2c tc X E. ^anc/Tcdc X X F. Landscape —\ O-p Underlain ---------------- By Plasrx G. Other X X X Pir.>/\1-e.c s TOTAL HARDCOVtS. IN ZONE total PapPERTY AJ^ IN « 100 yp^pnsgp ff^pnrovEE IN ZQKS A. House __ Lsngm X X Wicnj X X B. Canine C. Driveway X X D. Sidwaik X X £• Patfc/Dcdc tr 1 mdscap*? L’r.dsri:^'. By Flasic s X O. Ccitr TCTAI T vT a- ?R0?^^^^:• ^ ■7 •>; ® I /-X iCG - 11 ;■. Vi-'-v c r c c c- ■A \ CC:SJ. C - S*^ • S.r. lA S.F. 7 n'Lfe S.F. A '-> a' -/ -7" S^. B 2. V ^ % 2m S.F. S.F. S.F. S.F. S.F. C^*^lQ S.F. ^ ■ Si^. \ O Ca S5. SJ. ' \A-A- S.F. S.F. S.F. O.iTi S.F SJ. • sj. •7 t-- 7 'S S.F. = t<c-. \ CITY OF ORONO 2750 Kelley Parkway PC 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: EricVogstrom 20840 Channel Dr Greenwood, MN 55331 COPIES: TYPE OF REQUEST: Variances DATE OF MEETING: October 18, 2004 Planniog 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 confinned as: City Council - October 25,2004 - Meeting starts at 7:00 pm If you desire certified copies of the official Plaiuiing Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission, If you have questions, please call City Plamier, Melanie Curtis at 952.249.4627. fcX. S 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; DATE OF MEETING: Variances 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. jdi F»LE »04-3052 October 14. 20C4 Page 1 of 4 Date Application Received: 08-18-04 Date Application Considered as Complete: 09-13-04 60-Day Review Period Expires: 11-13-04 To:Chair Rahn and Planning Commission Members Ron Moorsc, City Administrator From: Date: Melanie Curtis, City Planner October 14, 2004 Subject:04-3052, Hric Vogstrom, 26IS Casco Point Road, - Variance - public hearing Zoning District: I,ot Area: Width: LK-IC, One Family Lakcshorc Residential,'/: acrc/IOO ’ 0.47 acre (20,561 s.f.) 100 ’ parallel to the shore 80’ ((i>. 75’ .setback Application Stnninaiy: The applicant is requesting a number of variances in order to build a new single family residence on the property, fhe application consists of the following; 1. A hardcover variance for 38.9% haidcover within the 75’ - 250 ’ setback zone where 25% is normally allowed and 27.1% curiently e.xists, 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 lakeshorc setback variance to encroach 5 ’ nearer to the lake than ti pmpcily to Ih^ south. Staff Recommendation: Planning Department Staff recommends the following: 1. Approval of the average lakeshore setback variance; and 2. Denial of the side street setback variance and denial of the hardco\ er variance as proposed as there are no hardships to support the variances as requested. Hardship: Staff docs not find that there is a valid hardship to justify granting a hardcover variance or a varic tee to encroach on the side street setback. Fist of Kxliibits A PC Report of 09-13-04 - | .'V . B. Revised SuiTcy dated 10-13-04 C. Revised Hardcover dated 10-13-04 D. Revised House Plan ik P.levation FILE #04.3052 October U. 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 redesigned 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 perfonned 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 l.ot ArcaAVt Uh; LR-IC Lot Area Lot Width Required 21,780 s.f. ('/racrc)100’ Actual 20,561 s.f. (0.47 acre)100’ @ shoreline 80’ @ 75 ’ selback 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) Approximulfly 16,400 s f not incltHlinj; the portions of the property to the luist of Carman liav Allowed: 3,084 s.f. (15%) Proposed: 3,002 s.f. (14.6 %) Adjusted Allosved: 2,460 s.f. = 15% of 16,400 s.f. Hardcover Calculations: Hardcover Zone 0-75 75 - 250 Total Area In Zone 12,8SSs.f. (inctmfing non- COnttgiiou% property east of Cannon Bay) 7,673 s.f. Allowed Hardcover Os.f (0%) 1,918 s.f. (25%) REVISED Existing Hardcover 0 s.f • (0 %) Revised 2,080 s.f • (27.1 %) * After exclusion of fabric or plaslic-lincd landscape beds PILE O04-3052 October 14. 2004 Page 3 of 4 REVISED Proposed Hardcover Os.f (0 %) Revised 2,981 s.f (38.9 %) 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 acccs.n 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 Form attached as Exhibit B, and should be asked for additional te.stimony regarding the application. Hardship Analysis //I cotisiiicritif* applications for rarianca, the Plaiiiiiiti* Commission shall consider the cjfect of the proposed variance upon the health, safety and u^elfarc of the comm unity, existing and anticipated trajftc 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 Conintission shall consider reconunending 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. Staffs position remains that there is no hardship inherent 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 nght-of-way is unknown. Staff has contacted the Public Works Depailment who request that the right-of-way be clear of any encroachments. Staff believes that the allow ed 55’ wide building envelope is very reasonable and a setback variance to the side street is not justified. Staff also does not find a hardship for this property to exceed the required 25% hardcover limit. The applicant has proposed to redevelop the property, where the Planning Commission has consistently required full compliance with all regulations. Staff finds • * * FILE #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 25% or 1,918 s.f. as this level allows for a 1,500 s.f. house and 418 s.f. for driveway, sidewalks and patios or decks. Summary of Issues fo. Consideration 1. Are there any other issues or concerns with this application? Staff Recommendation Planning Staff recommends approval of the average lakeshore setback variance. Planning staff also recommends denial of the side street setback variance, and denial of the hardcover variance. Additionally, staff recommends that any variance approval for this site should be conditioned upon the submittal and Council approval of a restoration plan to remedy the vegetation removals conducted on the property during the week of October ll'^ H.iJC3CO^“3. CU.CL■LA•^0^' T3ACK Z0>1; (CT^CZ- o.'Ti) O-.r ---------- MAIN FLOOR PLAN 2065 sq ft • '^W- '• ■ '^m d yi ■i: ©c.p \DMJTES OF THE ORO.NO PLANNING COMNnSSION MEETLNG Monday, September 20,2004 6:00 o’clock p.ro. (##04-3051 Kc\in and Julie FitzpVrick, Continued) Guim^ch indicated people are allowM^ stairway to the lake. Jurgens ^Wted he also is persuaded some^t by the fact that this neighb^hood is gradually goi towards thetorger lots, which is changing tlVcharacter of the area. Fntzler stated ji^t because someone buys a lot lake, they should not be to sit on that lot for a period of tinw^ntil additional property can u^^cquired in order to create a lar^lot. Fritzler l^ated he would prS^t to see the residence a little biN|maUcr and a little bit lower jusWto reduce the abearance that it is a\a structure on a small lot, but tl^t he generally docs not have m>jh disVerecment with the pt^osal. KempWtatcd if a purchaser i^ot allowed to build a decentIS^e to live in on these small lots, removesictis type of lot from tm^iarket. Kempf stated he is i^^vor of the proposal. Leslie thai^d the neighbors for tliJkcomments on this proposal. Leslie nioved^cinpf seconded, to recS|jmcnd approval of a lot arc^ariance, lot width variance, - •• * - • vTIwanccs to Dcrmlt constructiolVf a'■‘••sidcncc located at Na^, Jurgens stated he is opposed to the approval because he docs not see a hardship for the variances. 8. «04-3052 ERIC VOGSTRO.M, 2618 CASCO POINT ROAD - VARI/^VNCE Eric Vogstrom, Applicant, was present. Curtis stated 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 hike than the property to the south. Curtis stated the current home on the property is set back approximately 86 feet from the ordinary high water level, with the applicant’s proposal showing a 75-foot setback. Curtis indicated the view of the hake 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 80 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 buildable area. It is Staffs opinion a reasonable home can be constructed w'lthm this area. The applicant is proposing 57.9 percent hardcover for t’ms lot, with a 3,002 square foot footprint to essentially max out the 15 percent structural 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 MLNUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 20,2004 6:00 o’clock p.m. (#04-3052 Eric Vogstrom, Continued) from the building site by an mlet of Carman Bay. The contiguous land area is approximately 16,400 square feet. The applicant is basing the structural coverage amount on the total noncontiguous parcel above the 929.4’ elevation. Neither the lot coverage ordinance nor the Zoning Code definition of % .A ^ ft ft ft M V* A ^ I 9^ DOVCmcyzy.H cicvauon. Ult -- - - - -- - - - - c, - lot area" clanfy whether the lot coverage percentage should be based on contiguous area. 1 be iefinition of minimum lot area found in the Subdivision Code would disallow noncontiguous land to bedefinition credited toward lot area. Curtis stated the applicant is proposing a 3.002 square toot footprint, 1,225 square feet of driveway, and 215 square feet of sidewalk to make up the 57.9 percent hardcover. There arc no patios proposed and only one IS’ by n ’ 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 inherent to the land that would justify the side street setback variance or the hardcover variance as proposed. Staff believes that the 55-foot wide building envciope 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 propcrt>-, 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 rcconunends removal of theSICIC SlTCei SClDaCK vanance unu utmai ujc jiaitauuvt-i vuiiuiiw. w .v/ ------------------------------ 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 revisedpill I U1 me luviv. V w»v/pii*v*ik W* ..w ----------------------------------, since the issuance of the letter by the City Engineer, and that the applicant has addressed tne 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 siiuctuic 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 lo access the garage without going over the right-of-way. Vogstrom noted the cunent strucuirc is located 21.S 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 with him on the hardcover Vogstrom stated in his opinion he has a hardship due to the amount of water on 'nis property and the fact that his land is not contiguous. Vogstrom stated in his opinion the proposed residence conforms more with the rest of the neighborhood than what currently exists. Vogstrom noted the property at 2601 Lafayette Road was granted hardcover in excess of 25 percent. Vogstrom stated the current structure is 1 1S4 square feet and is figured at 26 4 percent hardcover. PAGE 21 lAlMlti MLNU'J KS OF THE ORONO PL/VNMNG CONLMISSION MKKTING Monday, September 20, 2004 6:00 o’clock p.m. (#04-3052 Eric Vogstrom, Continued) Barbara Essen, 264S Casco Point Road, staled they have spoken with the applicant regarding the issue of diainagc and that the applicant has indicated he is more than willing to ensure that drainage from this lot wnll 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 ere net opposed to the larger driveway since parking along Casco Point Road is a problem at times. Essen indicated the applicant has also expressed a willingness to preserve the nicer trees on this lot, noting that a number of larger trees were lost as a result ol 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 encroaclmicnl into the nght-of-way. Vogstrom stated the majority of the trees arc located on the south side of the lot. Alan Greene, 2645 Casco Point Road, staled he is located across the street from this lot, and that in his opinion the proposed hardcover for tliis lot is excessive. Greene stated his residence is appro.ximately 1200 square led on a lot that is approximately the same size and that the lot in question is being overbuilt. Vogstrom staled Greene’s footprint is 1374 square feet and his garage is 695, for a total footprint of over 2,000 square feet. Friiz.lcr stated he does not see the need for the 57.9 percent where 25 percent is allowed and 26.4 pciccnt currently exists. Fritzlcr stated he docs not see the hardship for the increase in the hardcover. Fritzlcr stated he is al.so opposed to the 10-foot setback. Bremer inquired what number Fiilzdcr would like to see for this lot given its restrictions. Fritzlcr stated he would be willing to appiovc 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 agtcement with Fritzlcr and that the plan appeals to have been laid out without any consideration for the hardcover restrictions. Kempf inquired whether the applicant would be adding a deck or patio in the future. Vogstrom slated a deck is included in his current plans and that he docs not mtend to add a patio in the futuic. Bremer indicated she feels the 27 percent is low given the restrictions of this lot. Rahn conunenicd he also feels this is a hardship lot but that it docs not justify the 57.9 percent hardcover being proposed. Ralin stated in his vtcw more effort needs to be naade to reduce the hardcover and that the structure could also be reduced to eliminate the need for the side street setback variance. PAGE 22 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 20, 2004 6:00 o’clock p.m. (lr»04-3052 Eric Vogstrora, 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 existing structure. Rahn stated that decision would be up to the applicant, but that the Planning Commission appears to be opposed to the proposed amount of hardcover. Leslie pointed out that a remodel is considered to be less than 50 percent of value. Rahn inquired whether the driveway could be reduced. Vocstvom 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 cuncntly is accessed from the right of-way. Paul KastCi, 2600 Casco Point Road, indicates he owis the property on the other side of thejire lane. Raster stated the fire lane has been filled m over many years and that encroachment on the tire lane in his opinion should be granted because it would alleviate some of th: 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 vety 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 sec the hardcover reduced to. Fritzler stated he believes tire 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 Line is a public right-of-way and that the applicant has a right 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 ai sight lines and other issues relating to safety, which need to be considered. Gaffron noted there is a sin ht curve on Casco Point Road that may dictate where the driveway is located. Rahn stated it appears the Planning Commission would like to see the pioposcd hardcover reduced and that the Planning Commission at this time is not prcp.ircd to set a definite percentage. 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 strucnirc. PAGE 23 MINUTES OF TITE ORONO PLANNING COMMISSION MKETING Monday, September 20,2004 6:00 o ’clock p.m. («04-3052 Eric Vogstrom, Continued) Vogstrom incpiircd whether the Planning Commission would allow the lO-foot side street setback given the fact tha*. the lire lane is heavily wooded and not used. Jurgens »^'.qucstcd the property tnarkers 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. Ralm staled the Planmiig Commission needs to look at the plans overall, and recoinmcndcd the applicant continue working with staff to reduce the amount of proposed hardcover. Leslie indicated it appears likely that llicic 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 dowm to something that is more leasoiiablc 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 inqiiited whether the applicant would like to table his apphc.ntiun. Vogstrom requested his application be tabled. Rahn moved. I.eslic .seconded, to table Application K04-3052, Erie Vogstrom, 2618 Casco Tolnt Road, to allow (he applicant time to revise his plans. VOTE: Ayes 6, Nass 0. PLANNING CO<VliMlSSION COM.ME> 1 \S 9. RP:nORT OF PI .VNMNGyb.M.MlSSION RUPRKSl^rA IIVES A11 COUNCILMF.ETINtkS AUGUJ^23 AND SEPTL.MBER 1X2OO1 LeslieyTdicatcd he attended th^Xugusl 23"* Council niectiytfwhcic a member ^hc public had inquj^d about the steps bciiu^aken to address the coyot^roblcni I he residuftt had indicated that an imycasing number of dom^ic animals have been disappcating. Leslie not^^ilris matter has been tiiU't rcd to the police dcp/tinent. Leslie .stated one of \}Jc Council membets had thr^cd the Planning Co/niission for their efforts at addressing the tssuy? corning bcfoic the City. lyfslic noted the Coiimydocs limit public commetn five minutes at thyu’ meetings, which may hclj^eoplc in attcr.dancrynt Planning Commission nyctings sticamlmc ihcir/ommcnts. CiafCion statc/lhat language could be adjxd to the Planning Co/imission agendas. r.AGE 24 Di. MINUTES OF THE ORONO PLANNING COMMISSION MEK'I ING Monday, October 18, 2004 6:00 o’clock p.in. (jaffion stated Staii^as not conducted a specific inventojarto determine that, but jffthc few instances they ate awaj^f the lots ate gcnawlly large cnouglymal they should be ablc/o meet a 50-foot setbacks Ityas the consensus o^e Planning Contmssion to leave the 50-lirot setback as is. Bremer rre<)iiime«^d the second poUlhtial in (c)(2) be climiit^u and the ampersajifl between wear and tear be cUotuied to the word>(nd. Ualiit listed, Fi UzIcr seconded, to recommend anjM-oval of the prop^d aiiu'iidinriit to Sci/ion 78-I577(c) rcuHi'diiig e.\tciior .storage^ R Uistilcts, cstal^sliing a one time permit lor [iri‘-<‘\isliiig iiscrym coiiliiiiit* the storage^ large vehicles uii^*r ccriiiln conditions. VOTE: Aye^, NaysO 3.«01-3052 ERIC VUGS I ROM, 2018 CASCO POIN i ROAD - VARIANCES, 6:17 p.m. -Ot.It) p.in. l•no Vogstroni, Applicant, was picsent. Curtis noted this application was before the Planning Commission at its September meeting and was tabled to allow the upplicant time to icdesign his plan in an effort to reduce hardcover on the lot. Since that time the applicant has Mihmitted anulhci plan and is now icnucstmg a hardcover variance for 38.0 percent hardcover within the 75-250' setback 7one, a variance for side sticet setback of 10 feet wiicrc u I S-fout setback horn the adjacent right of-way is normally required, and an average lakc.shoie sclhack vaiiancc to encroach 5 five ncaicr to the lake than the piopcrty to the south. Cuilis slated since the time of the last meeting the applicant has also lemoved a mimbci of trees from the property without city pemnt. Curtis noted the adjacent neighbor has submitted a letter regarding his concciiis with this projK>sal. PAGE 5 MINUTES OF TIIK ORONO PLANNING COMMISSION MEETING Monday, Oclobcr 18, 2004 (i;00 o’clock p.iii. Staff recommends approval of the average lakcshorc scttiack vanance and denial of the side street setback variance and denial of the hardcover variance as proposed as there are no hardships to suppoit the vaiiances as ic(|uestcil In addition, Staff is rccoininending appioval of any variances be made contingent upon approval of a restoiation plan to rcineily the vegetation leinov.il on the property. Rahn asked for public comment concerning this application. Jeff I'ssrn. 2048 Casco Point Road, indicated he had met \v!h the npplicaiit piioi to last month's I'lanning Commission and discussed his original plan and the concerns he had regarding drainage, trimming of trees, protection of established ticcs, and off sticci paikmg F.sscn stated Vogsliom indicated at that time tha'. • was agreeable to installing gntlns and ilownsponts. diam tile, and constiiict a swale between the two piopcilics. lisscii stated he agreed to work with V'.gslrom on tiimming his tires in an cffoil to impiovc Vogslioin's view of the lake. lissen stated last week Vogsliom had a tiec sei vice come in who illegally took down two mature trees on his property os w'ell 03 other liecs and 'Tgclalum on his own piopcily. b'.ssen indicated liascd on lliosc actions, he no longer is in support of this proposal until such itme ns n tcsioiation plan is approved an«l the damage has been .idcqualcty addressed. Paul Raster, ,’<>t)t) ('asco Point Road, stated he is the neighbor to the noith and at the last meeting was In favor of the variance to ennoaeh on the fiic lane Raster iiutie.iled since the applicant has now clear ent hi.s lot. he would like to withdraw his support of ihc variance. Raster staled he nmv has eom rins irgatding eiosion since the s egetation has hern totally icmovcd Vogstrom slated he is m agierment with his two neighbors legauling their eoiiccins and that the tree company was hired to icmovc a couple of trees that were dead. N'ogstrom apologiecd to the r'liy and his ueighhoi s icganlmg the removal of the vcgctaliou, noting that he wa,s not aw ate the tree company was going to remove as much vegetation as tliey dul Vogstiom indicated he did ask the tree removal coinjiany to contact Staff tcgatd*r,g this incident, but that he accepts full responsibility tor tbe mistake PAGE 6 m MTNinivSOF TIIK MLtllNG Monday, October 18, 2001 6:U0 o ’clcjik p.ni. P .bn noted the applicant linn made liomc haidcovci miucticns but that the pinposed resulcncc is still 10 fret Imin the iiglit-ol ’ way wlicie fret is rrcimred. N'oRstuim slated on one side he is 13.5 feet and that the residence can be slid over somewliat to the South. Vopstioin indu atril at the tune the plan was duwn up he was tiyiiig to picttect some ticcs in that nirn and that il was his hrlief the tiers enhanced the lot. Jurgens noted the PlPinmg ('ommission should act on tins matter tonigld given the 60 day time limn Juigcns stilted in Ins opinion the haidcovci still needs to he icthu ed fnithci, noting that their aie ill .linage issues that also have to he dealt with cm this lot. Vogstiom initrd the ( hty l•nglnrr| h;ul signri! oll on the diam.ige issues uinler hi5 ouKinal propos.al at the !)8 percent haidcovcr. Vugntrom stated Stall mlumicd him that the »*ily Hngincci did not have any isMie.s with the di.niuigc, Vogstiom indic.ited the piopcity nl 2800 Peasant Road was appiovcd m mnl August 2t)02, which is a Un that had a vriy Miuilai sitiMtuai whric two thuds of tliat lot vs as m ilir 0 VS*. Vogsliom noted two tlunl*. of tins lot is also m tlir 0/S*. Viigsiiom slated the Planning Connmsnion ot that inn'* tdnnd that while the 2n percent stamlard is feasible, sucli a limitation vvouM result in Conslnulior. of a lesidcncc that would lud hr in keeping with the chaiactci of the ncighhoihooit anil sniionndnig homes Vogstiom notetl a haitU iivci vaiiaiUT was allowed in that inslaiuT at VP2 peiirnt haidnivei Vogritroin indicated the proposed fuolpnnl of liis house is appioxmuicly 1100 m|u .iic led, with a thin* I ai g.nage, which is not out of chaiactci li»i this neighhiMhood and dorsiuU Ci»nstilute a l.ngo lunise Leslie inquired how many of the ncighhois have thiee car Rarages versus two car gaiagcs. Vogstiinii slated it is appioMiimtcIy half and hall, with the nevvci lunnes having the thiec cat gaiages Vogstiom indicated he was attempting to adtliess the Oil slieel parking by constructing a Uircc cor PAGt 7 m i MINlJTKvSOFTIIK OUONO PLANNIN(; COMMISSION MKKTING Monday, Octolicr 18, 2004 6:00 o\dock p.iii. garage. Vogstrom noted the cinicnt residence is also located on the property hne, which makes it nonconfoiming, and the amount of hardcover on the lot is also being reduced with his proposal from what cunently exists. Winkcy inquired what impact a reduction to 25 percent haidcover would have on the design of the house. Vogstrom slated he is belter off going with the 1500 square fool footprint plus a small amount for a diivewny and a sidewalk, which woiilil hung the liaidcovei to mound 30 pet cent. 1*1 ilzicr commented that m Ins view the sr/c of the lot should give the applicant an adequate buihling pad and that he would be opposed to granting any variances, liitzlcr slated he would like to see the haidcover icduccd to 25 percent. Jurgens stated based on tlic time limits, he would like to make a nuitioii denying the application. Jui geiiH iiioveil, I cslie seconded, to i econiiiieiid denial of Application .30S2, Fi le Vog^,t^oIn, 2618 Casco FoItU Road. Kahn noted the applicant does have thr atnlity* to sign an agreement extending the OO days. Hicmci staled .she docs not feel the IMaiining CoiiimiSsion should make a motion based solely on tlic fact that the 60day tune liniil i.s alunil to expiic. Jurgens stated ni Ins view the h.mli i>vei should be lolucnl to 25 priccnt and ih.at there is no need to giaiil any variances based on tlic size of the building pad VOTF.: Ayes S, Nays 2, Uiilin and Iti eniei opposed. R.nlin st.iled he believes ibe ;i)>pbcant should be given the oppoitunity to revise his plans again but tliat he is in agreement that the hardcover be reduced. V\)gstn>m inquiicd whethci he could utilize an end loading g.nagr. Jurgens statnl the applic.ant ilocs have that option but lliat a new application would need to Ik? submitted. r\c;F 8 r f MINII I KS Ol- I IIK ()H(JNO l*r,ANNIN<; (’nMMISSK)N MMEJ INC Mornlay.CKtuber 18. 2UU4 6:0U o ’clock p.iii. kahii staled he would not be m lavor of imy ciRioiichiiinU into the unlit ol'-way. Ralm commented the I'lamiiiiK CommisMuri docs not liavc the tune to discuss tlie applicant’s vnuotis options conceminp, <lesij{U of the naiane and iCMdencc but (bat the applicant needs to make those design decisions. K.ihn noted the i'lanning t .'oininission has dmird tlir application and th.it this nia'.tri would r.o before the C'oiiitcil. nicmri ini|uiied whetbn drnial of the aveiage lakcshorc setback variance was also inckidrd m the motion. Jurp.ens indicated the motion was to deny the entire iipjilicaiion. Ilieinci staled she would have been in favor of RianliiiR tlie .avriap.r laKeshoie srlbaek v.maner tnit that die bai.leovn needs to lie le.lueed on tins lot. Ilienici indicated she WOllld he willillp. t consider baideovrr iii the bibber 20’s shut llieie is a lot -if lakrshoie on tins piopcity and lliat there aie some circumstances Wlieic tlial could he couMdeied a lianlslup. Itieinei noted she i.% n»il in t.ivoi «>f the side yiiid sctliack v.ni.incc. Vogf.liiim noleil die exislinp, i t peiccnl Iniiilcovcr on lliis lot docs nut include a driveway. Ualiti noted this application vsoiild move foiw.ud to the C’oiiiicil, aiut f.ui’p.csted ttic a|u>licant consider tCViainE lits plans in an Clloit to luithei letluee die haidcovei piior lo die C'lty ('oon» d mrelinp.. NTWilf.SINrsS HOI .10 I AU IIO.MKS O.NilfllAl.l’ Ol lUKil K Kt iVirK, Hi25noiwi Ai:;;|Fnt iiir I A( i ((>Ni)vr<(^ r i».m. I’Alil:; 0 r 10/18/2004 • 4* -# • Ms Melanie Curtis City Planner City of Orono 2750 Kelly Paikway Orono, MN. 55356 Re. Request for Variance at 2618 Casco Point Road Dear Ms Curtis. After speaking with yoti and the City Administrator today 1 feel it necessary to prepare this letter and have it included in the public record of the Plannimj Commission meeting of 10/18/2004 The owner of 2618 Casco Point Road, Mr. Eric Vogstroin has applied for a haul cover and side yard set back variance I have expressed the following concerns to him and you V Drainage between his proposed hoiiic and my home. > Trimming of ti ees to enhance his view > Protection of established tiees > OlV street parking Mr. Vogstroin and 1 discussed these issues and he agreed to install gutter, downspouts buned drain tile and a swale between the properties to control drainage lie also agreed to work with me on tree tiimming to enhance his view, and to protect existing trees Last week Mr. Vogstroin hired a tree service, which in addition to illegally cutting trees on his own property and neighboring public pnrpeity, came onto my property and cut rlown mature trees that imiiacted his view without a permit or my permissiim These trees were cut down even after I pointed out to Mr Vogstiom and his tice seivicc 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 I am strongly against granting the requested vaiiances Additionally I request the City Engineer make note of these concerns during his review of the Vogstroin site plan and drainage plan as part of the construction drawing review process to protect ncighboiing property owners Sincerely. ,/ L -/' y <— jeff Esstm ' 2648 Casco Point Road Orono MN 55391 t 4#fjNlNl) ' -M A %' >• CITY of ORONO Municipal OITirrs Street Address: 2750 Kelley Patkv»ay Ofono. MN 55356 Maitinc Address: P.O. Box 66 Crystal Bay. MN 55323 0Q66 October 25, 2004 liric VoRstrom 20840 Chaiuicl Drive Greenwood, MN 55331 RF,; bO-Ilay Review IVi iod Kxiciisioii ApplicutioD U 01-3052 Stale law provides that Cities shall make decisions on /.oninv’ requests within 60 days IVont the date ol application, and that this levicw period may be extended by notitication to the applicant. Your application was received on Aur>ust 18 and was considcreil to be complete on September 13, and the (»()-d:iy review peiiorl would end on November 13, 2004. I lowevcr, due to lablinp, the earliest potential date of final ('oiincil action for youi application falls near the 60-day period expiration. Thcivforo, the 60-iUiy review period is hereby extended an additional 60 days to Jonnory 13, 2005. I'lcasc contact me with any questions lepardmg this matter. Sincctcly, City of Otono ijuamiOM^ Melanie C’urtis Citv IMamier Tflepht.n* (9S2) 249-4600 • Fax (952) 249-4616 %% %i %i.ci.orono.mn.u^ rL ll-S (T Ot > CITY of ORONO > • •' C Miiniciinil OfTicfs Street Address; 2750 Kelley Paikwsy Oicno. MN 55356 Mailing Address; l‘ 0 Roi fiG Crystal Bay. MN 55323 0066 November 3, 2004 Hric J. & R. A. Vojisliom 20840 Channel IJrivc (licenwood, MN S5331 UK:Ucsloratioii I'laii 2618 Casi ’o I'oiiit Ro:nl 1*IN 20-117-23-24-0038 On October 14, 2004, yon were issued notice that illegal vei’clalion icmovals wcio conducted at the above properly willun /^’ ofLakc Minnetonka and the adjacent wetland without City pcnnils. Vep.etation icinoval and tree cullini’ within 75’ of the OllWI. ol I.ake Minnetonka and witlrin a wetland requires an inspection by ('ity Staff aiul a tree removal pciniit issueil by the (‘ity Inspector. Hawkins Tice .<( I.aiukscape (your contiactoi) removed trees and brush from your propnty within tlic setback, on the neie.liboiinn, piopeily to tlic south within the 75’ setback aiul on City piopcity. The ('ity [iioviilcd a ileadlinc of October 2l" for submittal of a restoration plan; to ilate we have only received a paitially complete survey. City .slalf has pielimmaiily reviewed this most recent survey dctailini; most, but not all, t'f the tiee and vee,elation leinoval eoiulucteil by your contractor As of today, the followine, previously requested items have not been satisfactorily completed: 1. Your muiieihale placeiiienl of ciosion control and soil stabih/alion methods; and 2. Submittal of a survey liom your siiivcyor showiiie. the location, diamclei, aiul species if disceinable for nil voeelation and all trees regardless of si/e cut by your contractor on your piopcity and adjacent properly; and In addition, a lestoialion plan completed by a MN St.ile licensed l andscape Architect mii.st be submitted tor review and approval by (‘ity Staff ;iiul City ('ouncil. Ibis lesloiation plan must iiuhcate the rc-estabhslunent of the canopy and ground cover in Older to le.'itorc the property to its pro existiiu’ condition I nrther, the landscape plan shoiiUl pioviile the lollowing: IVIriihone t'»52) 249-4600 • Fax (*>52) 24‘»-46l6 \\ %% n.cltui uuo.iun.us a. Tree for tree replacement of all trees and understory vegetation within 75' of Lake Minnetonka; and b. Tree for tree replacement of all trees and understory vegetation removed from the City right-of-way and the neighboring property within 75’ of Lake Miimetonka; and e. Replacement tree diameter may be detennined 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 c. Replacement tree locations should generally match locations of those removed; and f. A covenant shall be filed requiring replacement of dead or dying trees and allowing for City monitoring until the trees have reached 6" in diameter. The updated survey, lairdscapc 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 iir this matter is appreciated. Please contact me at 952.249.4627 if you have any questions. Sincerely, Melanie Curtis City Planner ' f • *-r . • ^ ♦ «. ^ ^ . ,r ■ f 1 e 'i ,r-j.ly-i //%. V./o' ' O Y •4 \ ■I. p CITY of ORONO Muriicip.'il OHlcrs 4^Stieet Address: 2700 Kelley Parkway Otono, MN 55356 Mailing Address; P.O. Bo* 66 Crysti* Bay. WN 55323 0066 October 14, 2004 Eric J & E. A. Vogstrom 20840 Channel Drive Greenwood, MN 55331 KE: Illegal Vegetatitai Kcinoval 2(>18 Casco Point Road PIN 20-117-23-24-0038 On October 12, 2004, a “stop work” order was posted at the above property as vegetation removal was conducted within 75’ of Lake Minnetonka and the adjacent wetland without City permits. Vegetation lemoval and tree cutting within 75’ of tlic OHWL of Lake Minnetonka and within a wetland lequircs an inspection by City Stalf and a tree removal pennit is.sucd by the City Inspector. 'I’hc soil disturbance caused by the tree removal activity may also require review and approval Itom the Mimichaha Creek W.itcrslicd Distiic* (MCWD). Removal of individual ticc.s of 6" diameter and intensive vegetation clearing within 75’ of a lake or on a slope greater tlian 30% is strictly prohibited without prior City approval Orono City Code 78-1285 states (a) A'o live nee witlnn 75 feet of the shoreline or within the bluff impact zone with a dtamefer of 6 niches or mnrr {or 19 inches in nrcirnferencc or greater) measured J feet above the ground may be removed without first obtaining a permit from the City provided that at least the eijiiivaleiit nunibcr of replacement trees of a site and nature found acceptable to the staff arc planted at the same setback from the shoreline as those removeil Intensive vegetation clearing within 73 feel of the shoreline, on steep slopes or within the bluff impact zone within the Shorcland Overlay Oisinct is prohibited Limited clearing of shrubs and trees less than 6 inches in diameter and cutting, pruning and trimming of n ees 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 suhsiaritially reduced. Telephone (952) 249-4600 • Fax (952) 249-4616 w \vw.ci.oroao.iua.liS 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-^vay) is in violation of the above referenced codes. Violation of City Code is a misdemeanor and this matter has been forwarded to the City’s Prosecuting Attorney for issuance of a Fomial Complaint. Resolution of this matter will begin with the following: 1. Your immediate placement of erosion control and soil stabilization methods; and 2. Submittal of a surv'ey from your sur\'eyor 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-cstablishment of the canopy and ground cover in order to restore the property to its pre-existing condition. The updated survey, landscape restoration plan and restoration schedule must be received no later than 4:30 pm on October 21, 2004 in order to avoid legal action and to ensure that it may be reviewed and approved by the City Council in a timely manner. City Staff will be inspecting your property on a regular basis to ensure that the erosion control methods are installed and remain in place until the restoration is complete. Your cooperation in this matter is appreciated. Please contact me at 952.249.4627 if you have any questions. Sincerely, Melanie Curtis City Planner c:Thomas J. Barrett, City Attorney Sgt. Kurt Erickson, Orono Police Department Jesse Carlson, District Compliance Officer, Minnehaha Cre^’^ Watershed District Mike Hawkins, Hawkins Tree &. Landscape, 1776 Camerbury Rd, Shakopee, MN ;■LEONARD, STREET AND DEINARD PKOFESSIONAL ASSOCIATION ccr 2 5 m October 22,2004 Timothy J. Keane 612-335-7192 tim.keane@leonard.com Via Fax (952-249-4616) and U. S. Mail Ronald Moorse City Administrator City of Orono P. O. Box 66 Orono, MN 55323-0066 Re: Eric Vogstrom Variance Applications - 2618 Casco Point Road Dear Mr. Moorse: The purpose of this letter is to respectfully request that City Council agenda item 8 referenced as 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 ANT) DEINARD Professional Association Timothy J. Keane TJK:vn cc: Eric Vogstrom I)o South fiFTH Stmit Sum 1300 .Min .mapous , Minnisota 53401 Tu <11-335-1500 Fax <ii-335-i<57 LAW Offices IN MINNIAPOLIS, SAINT PAUL, MANKATO, SAINT CLOUD AND WASHINGTON. 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I’aikeil ’ L A.r> IS«t U2l« '^urvonr uiuKT utc n« .Jb jSLfiLt.. . •ftHjtfnib.ii___ s ^'^HAWKINS TREE & LANDSCAPING, INC. 1776 Canterbury Road Shakopee MN 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 tiiat 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 I / / Owner I •» I MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November IS, 2004 6:00 o ’clock p.m. OLD BUSINESS 2.«04-3052 ERIC VOGS FROM, 2618 CASCO POINT ROAD - \'ARIANCES, 6:02 - 6:20 p.iu. Eric Vogstrom, Applicant was present, Curtis noted this application was tecommendcd for denial at the October Planning Commission meeting. Since that time the applicant has pioposed reductions and this matter has been rcferied back to the Planning Commission by the City Council. The revised plan consists of a hardcover variance within the 75*-250 ’ zone of 36.8 percent hardcover and an average lakeshorc setback to encroach 5 ’ nearer the lake than the property to the .south. Curtis stated the applicant has submitted a tree and vegetation restoration plan for the property, with Staff cuacnily reviewing that plan. Staff recommends approval of the average lakeshorc setback variance, and should the Planning Commission find that there is a hardship for this lot inherent to the land, an appropriate level of hardcover should be «letermined Vogstrom stated he did calculate the amount of hardcover on the right-of-way, which is being used currently for access. Vogstrom noted there is no driveway currently on the property. Piesently there is 2652 square feet of hardcover within the right-of-w.iy, bringing the total existing h.ardcover 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 use the right-of-way for access. Vogstrom stated he does not. R.ahn asked for public comments flicre were no public comments regarding this application, PAGE 1 JL 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. Kahn stated in his opinion it is a hardship lot and it should be granted some variance at a level determined by the Planning Commission. Rahn stated in a typical lakeshore 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 35 percent hardcover on this lot. Bremer stated she feels the reductions being proposed arc good and that the present plan is a much more reasonable plan. Bremer indicated she likes the proposal to shift 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 lakeshore setback variance given the location of the property. Bremer stated given the size of the driveway that is required and the available footprint, hardcover of 2,824 square feet is probably below what would normally be requested and is in line with the rest of the neighborl.ood. 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 hardcover could be reduced further. Fritzler stated he would piofcr the hardcover be reduced even further. Fritzler stated in his opinion the property owner has not done enough to try to bui'd within the restrictions and that he would like to see the hardcover at 25 percent. Fritzler indicated he docs not want to see the hardcover increase in the nc.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 does not include a driveway. Leslie noted there is a three-car garage and inquired whether the garage could be reduced to a two-stal! garage in an PAGE 2 JL .1 I •MINUTES OF THE OKONO PLANNING COMMISSION MEETING Monday, November 15, 2004 6:00 o’clock p.m. effort to reduce the size of the driveway and tlie amount of hardcover being proposed. Leslie indicated he does not feel a three-ear 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 docs 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 tloor plan is less than 1100 .square feet and that in Ins opinion he is not able to reduce the lurdcover any further. Vogsimiu indicated he docs not plan to increase the hardcover in the future since he has accounted tor .a deck and other items in the current design. Jcfl Lssen, 2648 Casco Point Road, noted he was present at the first Planning C’ointuission meeting where he cxprc.sscd some concents regarding drainage and off-street paikmg. 1-sscn st.ited the street is rather nariow and the traffic goes Ihiough that atea quite fast Essen indicated he would not be opposed to granting some additional hardcover to accommodate parking on the lot ratlier than the stieet. Paul Raster, 2600 Casco Point Road, stated the existing driveway exists totally in the fire lane, ami i|nestioned why the Planning Commission would take that piece of pio|)city and grant it as hardcover to the lot Raster stated the portion of the drivew ay that is loc.ned in tlie fne lane is a large section. Raster stated that is not part of the property and should not be included in the area used to determine the apinopi late hardcover. Kahn noted there is a large amount of lurdcover in the f.rc lane, but imlicatcd to his umlci standmg the Planning Commission is not swapping that same square footage and allow ing it on this property Raster inquired how much of the hardcovr in the fire lane is being granted to the lot. niemer indicated <cro. PAGE 3 MINUTES OF THE ORONO PI.ANNING COMMISSION MEE I ING Monday, November 15,2004 6:00 o’clock p.m. Kempf stilted 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 Line, 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 w'ould not factor into what will be built on this lot. Hahn 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 properly that docs not include a drivcw.iy in the calculation of hardcover on the lot. Winkey staled the amount of hardcover being propo.sed by the applicant is similar to the amount that woidd be re(|uired if a driveway had been located on t'lc property oiiginally. Winkey stateil realistically a driveway is required and the applicant should be granted some hanlcover to accommotlale that, which comes out to appro.ximately 35 percent. Vogstrom slated overall the future haidcover would be 1900 square feet less with the new jimposal. I.eslic Ktalcil the 690 .si|uare feet for the driveway is now presirrnerl to be part of the lot and that the hardcover in the fire lane is not being adder! to the amount that would be allowed Jurgens tmiuircd what 690 plus the existing hardcover tturnber comes out to Vogsirotrr staled it would be .36.1 |)ercent hardcover. Ualirt M.rtrd riirc to the configrrratron of the lot and the two 0-75* zones, it only leaves 7,600 sqr.are feet in the /5-250 zone. Kahn stated the zones established by the City do not ahvays work on lots simil.tr to this properly arul that it the ( tly only reriitited a certain percentage be met, this dtscussion would piobably not be necessary. Rahn noted dire to the small amount of buildable land withrn the 75*-2.50' zone, the hardcover percentage W’ould be larger lh.ttt normal. Rahn indicated he does not feel the drivcw'oy can be teditrcd further. Fssen mqittred whether the liardcovcron the righl-of-w.rv wottUI be retno\ ed. FAGF, 4 • • MINIJIKS'JFTIIE OKONO Nw\NNIN(; COMMISSION MliKTINO Monday* November 15, 2004 6:00 o\*lock p.iti. GalTioa stated that issue sliould be icserved for the City Council and perhaps in conjunction with the Park CuiniiiiHsion and the Public Woiks IX-p.iilincnt to dcleiininc what the function and potential use of the lire lane is and whether the existing hardcover needs to be ilicrc to serve some public puriiose. Gaifron stated the final decision concerning the diivcvvay in the fiie lane shouM be up to the C ity Council lisHcn indicated he would not be opposed to shilling the house li\c feet to tlic noith and have a variance granted in older to give inote UKun to deal with the water runoff on the south side of the house. Viigstioin stateil he also would picfei moving the house five feet to the noith to avoid diiving ovei tree roots nnd to improve the grading situniion. I^alm noted Giep, ( lappa of the Public Woiks IXpailmcnt has been consulteil with aiul has indicated he did not want the house to encroach on the fne lane. Kahn slated he wvmld prefer not to have to giant tlial variance. Hierncr Inquired when this would appear before the City (\>uncil. (hiilis stated she was planning ti> have it leady foi the next C*ity rouncil meeting. Kahn suggesteil the (/oiineil discuss the piissible eiu loai liincnt at their meeting since the Public Service Director would * • in attendance nt that lime. luigens iiupiiieil wlicihei the applicant was planning on having Spaiiciele in the gaiagc to alio* / for an n*ea undrrnealh the garage Vogstrom stilled he is not sure how he wouUI he .ible to access that. Juigens noted if there were an «iiea niuleineath the garage, a landing inigh; be piefeireil Jurgens indicated he is in favor of haidcovci at 3^ percent. Jurgens staled he docs have concerns about people buying Mibslaiulaid h»t\ and tbeii uauting to cmisliuct a new residence on it. Jurgens staled the three ear gaiaj’c ami other fealuies to tins liouse are not a hardship Juig.ens slaleil he has a concern with llie lakeslioie setback since the house could be angled a little imue am! prilufrs slightly irdiic»-d. which wxnild eliminate the need for tlie axerage lakebliore setback. Jurgens 1 5 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 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. Rahn moved, Bremer seconded, to recommend approval of Application f/04-3052, Eric Vogstrom, 2618 Casco Point Road, granting of a hardcover variance of 36.8 percent hardcover in the 7S’>250* setback zone, a variance fur a five foot encroachment into the average lakc.sliore setback, and In recui.iinend approval of the tree restoration plan subject to Staff review and City Council approval. Rahn noted he does not see any areas where the hardcover could be reduced Ruthcr. VOTE: Ayes 5, Nays 2,1'ritzlcr and Jurgens Opposed. Bremer inquired whether Jurgeirs would have allowed hardcover in excess of 25 percent but less than what was approved. Jurgens stated he would have. PAGE 6 FILE #04-3052 Septemoer 1 3. 2004 Page 1 of 5 Date Application Received: 08<18*04 Date Application Considered as Complete: 09-13-04 60-Day Review Period Expires: 11-13-04 To; From: Date: Subject: Chair Rahn and Planning Commission Members Ron Moorse, City Administrator Melanie Curtis, City Planner September 13,2004 04-3052, Eric Vogstrom, 2618 Casco Point Road, - Variance - public hearing Zoning District: Lot Area: Width: LR-IC, One Family Lakcshorc 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 57.9% hardcover w'ithin the 75’ - 250' setback zone where 25% is normally allowed and 26.4% currently e.Kists; 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 lakcshore setback variance to encroach 10’ nearer to the lake th, n the properly to the south. Staff Recommendafion: Planning Department Staff recommends the following: 1. Approval of the average lakeshore setback variance; and 2. Denial of the side street .setback variance and denial of the hardcover variance as proposed as there are no hardships to support the variances as requested. Hardship: Staff does not find that there is a valid hardship to justify granting a hardcover variance or encroach on the side street setback. Pertinent Zoning Ordiininec Sections See. 78-350. Area, height, lot width and yard requirements, (b) Lots. The following minimum requirements shall be ob; Lot Area (acre) Lot W'ldih (feet) l-ionl Yard (fcc»)Side Yaid (feci) Rear Yard (feet) Side Yard Adjacent to Street (feet) 05 UK)30 10 30 15 Sec. 78-1288. Hard cover limitations. (a) No hard cover or imperv ious surface shall be placed, located or constructed within 75 feet of the ordinary high water level of any lake or tributary, except for stairways, lifts, landings and lockboxes as regulated elsewhere in this Code. FILE #04 3052 September 13. 2004 Page 2 of 5 (b) Between 75 feet and 250 feet of the OIIWL, there shall be no greater than 25 percent hard cover. Between 250 feet and 500 feet of the OHWL tltcre shall be no greater than 30 percent hardcover. Between 500 feet and 1,000 feet ot the OHWl, thetc shall oe no greater than 35 percent hardcover. (Ord. No. 101 2nd series, § 1(10..56(16)(L)), 2-24-1992) See. 78-1403. Lot coverage. In all zoning districts, for al> lots of 0-1.99 acres in total area, the total combined footprint areas of all principal and accessory sUuctuics shall not exceed 15 percent of the lot area, nxeeption: Regardless of lot area, every ileveloped lot shall be allowed at least 1,500 square feet of lot coverage by principal residence and garage structures. See. 78-1. Dennitions. , .. , i . i i . Lot area means the area of a lot in a horizontal plane bounded by the lot lines, but not including any area occupied by the waters of a duly recorded lake or river or area frequently under water which .serves as a watercourse diaining higher land on which sustains emergent aquatic growth or area which has been dedicated as public right-ot- way. See. 82-2. Dcriiiilions. Dry buildahtc /i;nr/means land area occuning within the property lines ot a parcel or lot, excluding drainageways, llowagc areas, lloodplains, wetlauds, marshland or slopes of 18 percent or greater. I.nt area, minimum, means minimum area required for each proposed lot as jirescribed in chapter 78. In rural zones not served by sanitary sewer, each lot must contain a minimum of two acres ol contiguous dry buildable land exclusive of wetl.iuds. public and private rights-of-way, vehicular or pedestrian easements, surtacc areas below the ordinary high water mark of any surface water or areas at or beh>w 'he tloodplain elevation for a siiecific property. All rural lots must comply with chapter 58, article 11. hi urban areas served by sanitary sewer, each lot must contain contiguous dry buildable land equal to the miniimmi areas as prescribed in chapter 78 or half-acre, whichever is less (exclusive of public and jnivate rights-of-way, vcliicular or pedestrian ea.scmcnts, surtacc areas below the ordinary high water mark of atiy surlricc water wetlands or areas at or below the tloodplain elevation for a specific property), and have leg.il .icccss to the building site without encroachment of a wetland or floodplain area. I.ist of F.xliibits A. Application B. 1 lardship Documentation Form C. I xistingit Proposed Survey/Sitc Plan D. Proposed Plans and lilevations B. Submitted I lardcover Calculations F. Building Footprint Illustration G. Old Surx'ey dated 03-17-54 II. Wetland Delineation Report I. City Ihigincer Comments J. Pre-;\pplication Meeting Form K. l etter from Neighbo*' (2648 Casco Pt Rd) L. Survey for 2648 Cusco Point Rd M. Property Owners’ I.ist N. Plat Map FILE #04-3052 September 13. 2004 Page 3 of 5 Background Eric Vogstrom is the applicant and owner of 2618 Casco Point Road. The applicant has requested lot area, lot width, hardcover, and side-street setback variances in order to build a new single family residence on his property. The property contains 20,561 s.f. of non contiguous land, divided by Carman Bay and wetland. LOT ANALYSIS WORSHEET Lot ArcaAVidth: LR-IC Lot Area Lot Width Required 21,780 s.f. ('A acre)100’ Actual 20,561 s.f. (0.47 acre)100’ @ shoreline 80’ (r? 75 ’ setback Setbacks: LR-IC Required Existing Pioposed Lakeshore 75 ’75 ’ Rear 30’30’ North Street Side 15’10’ South Side 10’10’ 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 ILirdcovcr Calculations: Hardcover Zone Total Area in Zone Allowed Hardcover Kxisting Hardcover Proposed Ha/dcover 12,888 s.f 0-75 (inctuJtng non*Osf 0 s.f •Osf contiguous propel fy* east of Carman Bay) (0%)(0 %)(0 %) 75 -250 7,673 s.f 1,918 s.f 2,028 s.f*4,442 s.f (25%)(26.4 %)(57.9 %) * After exclu-sion of fabric or plastic-lined landscape beds i i! FILE #04-3052 September "3. 2004 Page 4 of 5 Side Street Setback Variance Bordering the applicant ’s property to the north is an undeveloped public right-of-way. The applicant ’s property is approximately 80’ in width. Allowing for a 10’ setback on the south and a 15’ side street setback on the north leaves a 55 ’ wide buildable area. A reasonable home can be constructed within this width. The City Engineer ’s comments address the issue of house size relating to drainage. It is the Engineer s thought that the size of the home as proposed will need to be scaled back to allow for appropriate grading between the lots in order to avoid directing drainage onto neighboring propenies. The applicant ’s proposal brings about some challenging drainage issues for this property. Hardcover Variance The applicant is proposing 57.9% hardcover. The existing residence and hardcover are just above the allowed limit for the 75 ’ - 250 ’ setback zone at 26.4%. The existing home has an approximate footprint of 1,184 s.f.. The applicant is proposing a 3,002 s.f. footprint to essentially “max out’’ the 15% structural coverage amount based on the total dry land area. The total property area is 20,561 s.f.; however this includes an approximate 4,000 s.f. portion separated from the building site by an inlet of Carman Bay. The contiguous land area is approximately 16,400 s.f. The applicant is basing the stnactural coverage amount on the total non-contiguous parcel above the 929.4 ’ elevation. Neither the lot coverage ordinance nor the Zoning Code definition of “lot area” clarify whether the lot coverage percentage should be based on contiguous area. The Subdivision Code definition of “minimum lot area” (Cite 82-2) would disallow non contiguous land as creditable toward lot area. The property to the south (2648 Casco Point Road) is similar in that it also contains a noncontiguous “island ” of land. In 1985, an approximately 3000 s.f home was constructed at 2648 Casco Point Road which, based on the contiguous area of this lot, is 10% lot coverage and 21% hardcover. This lot is considerably larger than the applicant ’s property. However, the applicant ’s property is only slightly substandard in area and width. The 15% lot coverage amount is a limit, not an allowa. ce. On lakesbore properties the limiting factor very often is the hardcover percentage, not the structural -overage amount. A similar sized lot, Loffler, 1690 Shadywood Road, Application #04-3009, was 80’-83’ in width and 0.39 acre and was limited to 33% 75 ’ - 250 ’ hardcover (the hardships included being on a busy County Road and needing a backup apron; the non-optimal lot shape; and the inability to move the house nearer the road due to negative impacts on lake views due to the location of adjacent homes near the shore). That house was reduced to 14.7% lot coverage in order to make the hardcover work at 33%. For the applicant ’s proposal, a 3,002 s.f footprint, 1,225 s.f of driveway, and 215 s.f of sidewalk make up the 57.9% proposed hardcover. There arc no patios proposed and only one 18’ X 11’ deck on the lakeside of the home. The driveway and sidewalks as proposed seem excessive at 31’ and 8’ widths respectively. The curb cut of the driveway is not permitted at greater than 20 ’ at the street. The driveway as proposed would need to be reduced at the curb, and would need to be substantially reduced ONcrall to bring the FltH #04-3052 September 13, 2004 Page 5 of 5 hardcover down to a reasonable level Hardship Statement Applicant has completed the Hardship Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Hardship Analysis /« considering applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, tight and air, danger of fire, risk to the public safety, and the effect on values of property In the sunounding area. The Planning Commission shall consider recemmending approval for variances from the literal provisions of the Zoning Code In Instances where their strict enforcement would cause undue hardship because of circumstances untipie 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 there is no hardship inherent 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. Stalf believes that the allowed 55’ wide building envelope is very reasonable and 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 non contiguous portion of the properly, there may be some appropriate level of hardcover variance to support some reasonable level of development of the site. Summary of lssuc.s for Consideration 1. Side street setback; 2. Lot coverage determination; 3. Combination of reduction of lot coverage and hardcover to a reasonable level; and 4. Level of hardcover variance that is justifiable. 5. Please review the comments from the adjacent properly owner reg^arding drainage, parking and tree protection. 6. Please review the City Engineer ’s comments. 7. Arc tlierc any other issues or concerns with this application? Staff Recommendation Planning Staff recommends approval of the average lakcshore setback variance. Plapjiing staff also recommends denial of the side street setback variance, and denial of the hardcover variance. I he application could be tabled for revisions if the applicant requests tabling. 4 4 / O O '■' ' % \ ka T>7^r‘ ^ v.^ V*j‘- f‘‘. T * hj, 'V-. )y ^ 431^/' I'CITY of ORONO Municipal Ufficcs N •h: street Address; 2750 Kelley Parkway Orono. MN 55356 Mailing Address: P 0 Bo« 66 Crystal Bay, MN 55323 0066 December 8. 2004 IZric Vogstrom 70840 Chnnncl Drive Greenwood, MN 55331 RE: Rcslot alioa I’lan fur 2618 Casco Point Road This letter is rega.ding the replautwig and restoration plan by Markcll I.ahcicc Design Group dated November 8, 2004. Planning Staff has conducted a pieliminary review of the plan Given that the removals have significantly altcicd the appearance of your property from the lake, as well as from the roadway and ncighbortng properties, staff advises that the following revisions arc necessary m ordc; to gain staff support and Council approval for the plan: 1. A bucklhoni removal and vegetation restoration plan should be Mibmitted m conjunction with this lestoration plan, nuckthom should be replaced with appropriate native shrubs per the attached suggested list. 2. Tlic replacement trees have been proposed along the properly lines. A revision should be submitted locating some of the ic|)hiccment trees more centrally on the property between the liousc and the lake and on the point, 3. Implement a wetland buffer 20’ wide landward on the western portion of the cove. Ihe buffer should meet the definition q{acceptable buffer as defined by the attached di alt w etland ordmance. 4. Hie survey and/or restoration plan should be revised to show the following a. rravclcd nghl-of-way of Casco Point Road, b. Additional stumps (City staff identified stumps in the field which wcic not in icatcd on the survey or icsloration plan), and c. Kfentify arras of oucktlioin and additional dead, damaged, and diseased trees slated for futuie removal and rcsloialion. Please siibuiit a revised rcsloiation plan meeting the above stipulations Please submit the plan to my office for final review by 4.00 pm on Wednesday, December 22 As a reminder, the Council has UidicaieJ that an appiovcd restoration plan is an integral pait of the ledcAclopincnt of this pioperty. Please contact me at 952 249 4027 if you have any questions. Sincerely. City of Orono Mcbnip C'uitis City Planner me Telephone (9521 249 4600 • Fax (952) 249-4616 WMw.ci.orono.i iii.us flMMiiliife n- f* : • ’ * ♦ Date Application Received: 9>22-04 Date Application Complete: 11-01-04 60-Day Review Period Expiration: 01-01-05 DEC 1 J 2004 Cl IY UJ- ChiC.'i J REQUEST FOR COUNCIL ACTION Date: December 8,2004 Item No. 11' Department Approval: , Name: Melanie Curtis ^ | Administrator Approval:Agenda Section: Title: City Planner Item Description: #04-3060 - Michael & Donna Rbci lz - 1220 Tonkavva Rd - After-the-Fact Conditional Use Permit & Variances Zoning District: Lot Area: LR-13, One Family Lakcshorc Residential, 1 acre 1.07 acre (46,710 s.f.) List of Exhibits: A - Revised Plan 12-04-04 B - PC Action Notice dated 11-19-04 C - PC Memo & Exhibits of 11 -09-04 Application Suminai^: During September 2004. in an effort to stop the erosion of their lakeshore, the property owners hired a contractor to re-grade the lake yard and install boulder rip rap and boulder rock walls without City permits or review. Upon receiving notice that City permits were required, the property owners applied for an aftcr-Utc-fact hardcover variance and an after-the-fact conditional use permit. Applicants are requesting after-the-fact approval of a conditional use permit in order to construct a boulder wall, re-grade the lake yard and a hardcover variance due to the increase in the hardcover percentage with the square footage from the proposed rock wails. The applicant is proposing to increase the hardcover within the 0-75’ zone from 7.84% to 8.7%. Planning Commissiun Recommendation On November 15,2004, Planning Commission voted 5-2 on a motion to approve the atter-thc-fact conditional use permit and deny the after-the-fact hardcover variance. The recommendation was to allow the most lakeward wall with concurrent 0-75’ hardcover removals and to deny the addition of any oUicr walls except for those determined by the Engineer to be crucial to the integrity of the lake yard. • • • .V • ‘ • Ebertz TTe s 1 d e n c e « • 4 • « • • ki • * I 6)03 CITY OF ORONO 2750 Kelley Parkway PO Box 66 Crystal Bay, MN 55323 952.249.4600 ZONING FILE 04-3060 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: November 19, 2004 TO: Michael & Donna Ebeitz 1220 Tonkawa Rd Long Lake, MN 55356 COPIES: TYPE OF REQUEST: Variance & CUP DATE OF MEETING. November 15,2004 Planning Commission recommended as follows: To approve the after-the-fact conditional use permit and to deny the after-the-fact hardcover variance. The recommendation was to allow the most lakeward wall with concurrent hardcover removals within the 0-75’ /one. and to allow no other walls except those that arc crucial to the integrity of the lake yard. VOTE: 5 FOR 2* AGAINST * Commissioner Bremer, Commissioner Leslie Applicant ’s next scheduled meeting is confu ined a.s: City Council - Monday, December 13, 2004 - Meeting starts at 7;00 piri If you desire certified copies of the official Planning Commission minutes, they arc available from the City Recorder after review and approval by rhe Plamiing Commission. If you have questions, please call City Planner, Melanie Curtis at 952.249.4627. nwii f- 1 FILE<«4.3060 9 November 2004 Page 1 of 4 Date Application Received: 09-22-04 Date Application Con$i(*ered as Complete: 11-01-04 60-Day Review Period Expires: 01-01 -OS To:Chair Rahn and Planning Commission Members Ron Moorsc, City Administrator From: Date: Melanie Curtis, City Plamier November 9, 2004 Subject:04-3060, Michael & Donna Ebertz, 1220 Tonkawa Road, • AAer-the-fact variance and conditional use permit request - Public hearing Zoning District: Lot Area: LR'IB, Single Family Lakeshore Residential, 1 acre 1.07 acre (46,710 s.f.) Application Summary: Applicant is requesting aftcr-thc-fact approval for the following: 1 . A conditional use pennit in order to construct a boulder wall, re-grade the lake yard. 2. A hardcover variance is also necessary due to the change in the hardcover percentage proposed. The applicant is proposing to increase the hardcover within the 0-75’ zone from 7.84% to 8.7%. Staff Recommemiation: Staff recommendation is for approval of the application subject the following; 1. Submittal of a plan which shows the elimination of the upper tier of walls to the greatest e.xlent possible; and 2. Compliance with the City Engineer ’s recommendations; and 3. Any add itional cond itions or revisions Planning Commission may wish to add. Pertinent Zoning Ordinance Sections See. 78-966. Land Alteration; Prohibited. It is unlawful for any person to build, alter or repair any seawall, rclainiiii. wall or otherwise change the grade or shore of lakeshore property without a conditional use permit issued by the Council. See. 78-1250. Conditional uses. Conditional uses allowable within shoreland areas shall be subject to the review and approval procedures and criteria and conditions for review of conditional uses established in this chapter. The following additional evaluation criteria and conditions apply within the shoreland overlay district: 1. Evaluation criteria. A thorougli evaluation of the water body and the topographic, vegetation and soils conditions on the site must be made to ensure: a) The prevention of soil erosion or the possible pollution of public waters, both during and after construction; b) The visibility of structures and other facilities as viewed from public waters is 1 r f. FILE#04-3060 9 November 2004 Page 2 of 4 limited; c) The site is adequate for water supply and on-site sewage treatment; and d) The types, uses and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft. Sec. 78-1282. Stairways, lifts and landings. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Sec. 78-1286. Topographic alterations/grading and Tilling. (b.) Grading, filling or excavating of more than ten cubic yards is prohibited within 75 feet of the ordinary high water level of the public waters enumerated in section 78-1217. Grading, filling or excavating of ten cubic yards or less shall require city staff review and pennit and be subject to other pertinent sections of this chapter. 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 higli water level of any lake or tributary, except for stairways, lifts, landings and lockboxes as regulated elsewhere in this Code. b) Between 75 feet and 250 feet of the OHWL, there shall be no greater than 25 percent hard cover. Between 250 feet and 500 feet of the OHWL there shall be no greater than 30 percent hardcover. Between 500 feet and 1,000 feet of the OHWL there shall be no greater than 35 percent hardcover. List of Exhibits A. Applications B. Hardship Documentation Fomi C. Existing & Proposed Survey/Site Plan D. Proposed Plans and Elevations E. Submitted Hardcover Calculations F. Landscape Plan and Contract from EvBek Lawn and Landscape dated 09-01-04 G. Letter from City Engineer dated 09-28-04 H. Letter from City Engineer dated 11-9-04 I. Letters from Staff dated 10-04-04 & 10-26-04 J. Inspection Photos K. Aerial Photo L. Memo from Orono Planning Director dated 11-10-04 M. Property Owners List N. Plat Map Background During September 2004, in an effort to stop the erosion of their lakeshorc, the property owners hired a contractor to re-grade the lake yard and install boulder rip rap and boulder rock walls without City permits or review. Upon receiving notice that City permits were required, the property owners applied for an after-the-fact hardcover variance and an after-the-fact conditional use permit. The applicants were unable to have a survey r FILE#04.306C 9 November 2004 Pago 3 of 4 conducted or a landscape plan prepared in time for the October Plamiing Commission meeting, and have now submitted the information in time for November review. LOT ANALYSIS WORSHEET Lot Arca/Width; LR-IB Lot Area Lot Width Required 43,560 s.f. (1 acre)140’ Actual 46,710 s.f. (1.07 acre)200 ’+ The property is located on a peninsula. Hardcover Calculations: Hardcover %OIIC 0-75 ’ 75’-250 ’ Total Area in Zone 33.320 s.f. 13.390 s.f. Allowed Hardcover 0 s.f (0%) 3,347.5 (25%) Existing Hardcover 2.612 s.f.* (7.8 %) I'rnposcd Har«lcover 2.904 s.f. (8.7 %) 4,137 s f. (30.9%)No Change * After e.xclusion of fabric or plastic-lined landscape beds Hardcover Setback Variance Appro.ximatcly half of the existing home, decks on the home, and decks at the shore, and wood walls within the 0-75 ’ setback zone constitute the existing 7.8% hardcover. The proposed boulder walls and re-grading of tlie yard were conducted in part to eliminate a sloped area at the shoreline which was eroding and to allow for a flat yard area between the home and the lake. Hardship Analysis In considering applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated iraf/le conditions, light and air, danger of fire, risk to the public safety, and the effect on values of propeity in the surrounding area. The Planning Commission shall consider recommending approval for vaiiances 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 propeity under consideration, and shali recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Should the IMuiming Commission determine that a hardship exists due to the challenging lakcshore portion of 'he lot potentially requiring the boulder retaining walls and the location of the home with respect to the 75 ’ setback then a hardcover variance may be justified. Conditional Use Permit Analysis A thorough evaluation of the water body and the topographic, vegetation and soils conditions on the site have been made as required by code, and are addressed as follow s: 3 ■i 4 r' FILE#04-3060 9 November 2004 Page 4 of 4 • The prevention of soil erosion or the possible pollution of public w^aters, both during and after construction; The property owners have taken steps to address possible soil erosion during and after construction. Silt fence will be provided until all disturbed areas have been completely re-vegetated. The visibility of structures and other facilities as viewed from public waters is limited; The submitted plan does not propose any screening of the lower boulder wall from the lake. As designed, the lower wall system is too close to the tip-rap to allow for shrubbeiy screening. The site is adequate for water supply and on-site sewage treatment; Not applicable. • The types, uses and numbers of watercraft that the project will generate are compatible m relation to the suitability of public waters to safely accommodate these watercraft; Not applicable. City Engineer, Tom Kellogg, has reviewed the site and has provided staff with a recommendation based on the most recently submitted plan (the letter is attached as Exhibit H). Planning Director, Mike Gaffron, has provided a memo suggesting that the upper retaining wall be omitted in favor of a graded slope tliat will appear more natural (sec Exhibit L). Issues for Consideration 1. Does the Planning Commission feel that the boulder walls as proposed will have a minimal impact on views of the property from the lake, or should additional vegetative screening be utilized to shield the boulder wall from the lake? Should the upper wall be eliminated? 2. Arc there any other issues or concerns with this application? Staff Recommendation Planning Department staff recommends conditional approval of the proposal subject to the following: 1. Submittal of a plan which shows the elimination of the upper tier of walls to the greatest extent possible; and 2. Compliance with the City Engineer’s recommendations; and 3. Any additional conditions or revisions Plamiing Conunission may wish to add. F City of Orono 0^ A I. m Street Address:Application # O Date Received 4^2 2 -O^i2750 Kelley Parkway Orono. MN 55356 Amount Paid; / '2-00 . c'o Staff ; Ayf / f 1 iL Main; 952-249-4600 Fee: S600 fax; 952-249-4616 Renewal; $300 Mailing Address: .After-the-fact; Si,200 Double Fee :sho:Crystal Bay. MN 55323-0066 t This application form must be completed in full. App"cant 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: lATION: I Property Identification Number (PIN):OY- //'? --^3 - ^/-g - lY jOI (Attach legal description to application if not included on the survey.) Date Property Acquired (month/year): \\ j □ Yes, I own the adjacent parcels. Present use of property: '^Residential □ Other ____________________________ Zoning District. _________ k:": /APPLICAI^T INFORMATION: (Complete legal na.-es and marital status required for each interested party) ( Name: plX/li Ul(i P'bc'/I■ IV\ . D Phone (home): ^hl - __________ Phone (work): S-^) ~ I/.,00 Address: 3Zx'/')» (ChU' WiN _____________ Email: _____________' Fax: __________________ OWNER INFORMATION: (Complete legal names c.'d marital status required for each interested party) Name: ) ___________________________________ Phone (home): Address: Email: Phone (work): Fax: DESCRIPTION OF REQUEST: Describe the re.quest in detail (attach additional sheets if necessary): a./r''- Estimated Project Cost. C A J'lJ.a pT)fhl uJll f ) hi, C'UA / /h£icC*( ,ti ('^ii\UiC(Lhi . /i)^ S MUC ~h -/Tc'YIA /rnLci ^>1' i ~^fAi AU yO 0' " I ^ ^ j\j -------1,^----------------------------------------------------------------------—- / i K^'’l-(>Ahl Mm ACJrrALA^l fti-UL- '-Xhi Sfd)y U laJLS^ p'a A J](iru ^ [J/qp-MM'n 'fhjiyte ^ {f^ AU\lo r-P ja ia A* hjg. i//fUiAoiA^^‘) qyo\A/ ^4juui 'h-‘ oAi/i iAfk n<f <L U/fuiAoU/^'jn') nji^w (^njuut rz‘ ca\ciYtJL^ f- i^'lu f^jzA Aj^c^dvc'^^^ Qiyv (n.C(LAHAf . cfY^^>e/KgsVc-n,) lUc uuau^ h^: ^ ad Vo m i/^hAo ^SiniUUl ^ 'fuJ' I't^Hrur^ 7^ fuAUxn^ prtArtAjh cUJY^ /U/l l&Jo.fii'hyV , ;a V'’ REQUIRED SUBMITTALS; ^ / All of the following information must be submitted by the application deadline date in order tor your application to be processed. Pre-Application Meeting Form, completed by a City Planner. □ Completed Application Form □ Completed Hardship Documentation Form ^ OJ 9 \ n Certified Property;^ners List - owi^swithin ISO^oTthe subjecti>roperty. labejs^n^ plat rnap. V l^t, &bels and maK. may be^obtained^ ^m^Henr^in Cdunty D^partptent ofx^Rnprfce, ^--.^overnhiDt'<5enter, A-603-300 South 6'” Street. Minneapolis, telephone 6-1^348-5910 □ Original Certificate of Survey (signed by a licensed surveyor), meeting all the requireme^nts 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, agreesjo pa y addi tionaliees (staff time not covered in the original fee payment) andAoi □□ □□ consultant expenses incurred in review of this application and certifies that the information supplied is true“arid'correcno the best of his/her knowledge. The applicant recognizes that he/she is solely responsible for submitting a comploto application boing 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 fer denial of the request regardless of ite-potential merit. Applicant ’s Signature; Applicant ’s Signature: /7 / /-J^. 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 venfication of this request. Owner’s Signature: Owner’s Signature: 7 Date: Date: Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are normally held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant and advise the City Planner assigned to your project. 4crLj *, r iv. f . r • w 0 • I V .y e«A Appllcation/i^ 0^1 -3O(j>'0 Date Received ^i-Q-P -oc/ Amount Paid CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION . Site Address_____I^> a ,( ^ Ro rfi t\J -JZ : L'6v\.L<.-h Anyir L l -it ? Kr i m . r r^.-/ Site Address_____i^ H.' A.IycVU/VV il , C'l’OllC: Type of Application to be Filed CL>>V:Lti o M( /X l n L>-1" Property Identification Number (P.I.D.) Q^, 'U‘ t ■- ^ _i~ r APPLICANT . , Name ______j ,• ^^:::____________ ______# v* ^ ______________ Phone (home) <iS-X -*^'7/- j Phonefwork) • Ur. 60 Address i >:><■' Tr-1\/C. • ,City 0'>'<:'V-c Zip s .b OWNER (if different than applicant) Name Phone (home) Address Date Property Acquired Phone (work) _ City______ I (do) (do not) also own the adjacent parcels of land. (month/year) FEES . CONDITIONAL USE PERMITS - $600.00 Residential Accessory Use $600.00 Institutional (church, school, etc.) $600.00 Guest House/Guest Apartments $600.00 Duplex Credit/Dldg $600.00 Commercial/Industrial Use $600.00 Land Alteration + Permit ____ Grading and filling - designated wetland or floodplain Grading and filling - 501 cu. yd. or more - Grading, seawall, retaining walls within 75' of lakeshorc PRD/PID - see Fee Schedule $250.00 Renewal Fee (no change from original application) After-the-Fact Fee - Double Current Application Fee OTHER APPLICATIONS ______$600.00 Commercial Site Plan Review (+ consultant fees) ______$600.00 Vacation ______$600.00 Easement Vacation ______$100.00 Easement Vacation With Subdivision ______$600.00 Rezoning (PUD - refer to fee schedule) ______$600.00 Comprehensive Plan Amendment ______$100.00 Appeals ______Other - see Fee Schedule ’ ff n *.%4 xc “ft. y V; \ irr C.->Cl V',j!Soy \I •• ' % .*• »• reqi ^ed submittals 1.Completed Application Form. Describe request in detail.2. \y Describe request in detail. ^ \ 3. Certified Property Owners List of owners within(350^f the subject property, labels and plat map. List, labels and map maylje^btained from Hennepin County Department of Finance, Government Center, A-603 300 South 6*^ Street, Minneapolis, telephone 612-348-5910). ____Certificate of Survey (signed by a licensed surveyor) - refer to handout for survey information. ____Attach legal description to application if not included on required surve'y. ____Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). f ^i p} yf"; _____List of the legal names (include marital status) of all persons with an interest in •' • .■ the property. This would include name(s) of applicant(s) if not current owner(s). _____Construction plan, if applicable (see staff for requirements). _____As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 4. 5. 6. 7. 8. 9. YOU ARE REQUIRED TO SUPPLY 3 COPIES OF LARGE DOCUMENTS AND 1 COPY FOR REPRODUCTION (11” X 17” OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require scaled drawings of all documents, plans, etc. to be submitted.) The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff:_____________________________Date _________ APPLICANT'S SIGNATURE vU ^ ( The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses.,incurred In review of this application^ and certifies that the information supplied is tru^ and correct to the best of his/her knowledge. j Q hlhVApplicant’s signature _____Date OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agants, commission members, and Council memb^^ for purposes of investigation and verification of this request Owner ’s signature ‘ ---------------------Date Appliianl^rjjist have all silbmittals into'Ihe Cliy'offices 25 days before the Planning Commission Meeting Piannir^.GPQomlssion Meetings are held on the third Monday of each month. Applicants must be present at an'*s&edliiM{review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent adend in your place and advise the Building & Zoning Office of this change prior to the meeting. •. t i r ‘•'V. Ij U / 0/* At y 1 r i 0^* A MichaelJ. Ebertc^ M.D. Donna R. Ebefi:^ Esq. 1220 Tonkawa Road, Oroao, AIN 55356 (952) 471-3427 September 22,2004 VIA HAND-DELIVERY Orono Planning Commission 2750 Kelley Parkway Orono, MN 55356 Attn: Melanie Curtis Melanie: Pursuant to our discussions and meetings, attached for review and consideration by the Orono Plarming Comission are tlie following; (1) Variance Application, and (2) Application for Conditional Use Permit. Also enclosed is the SI200.00 application fee. As you are aware, we are seeking to preserve our lakeshore from ongoing erosion. To do so, we seek to add to existing boulders along approximately 25 feet of lakeshore. Further, we seek to level a small portion of land (between our deck and the lake drop-off) and plant perennial vegetation there (as this area of land has been unable to grow grass due primarily to erosion, lack of sunlight and lack of proper sccdtug/vegetation). In addition, we would like to add small retaining walls to further prevent erosion along our lakefront. Our landscaper, EvBek, has prepared an illustration of the proposed work, along w ith a written description in the foim of a bid/proposal, both of which are enclosed for your review. In order to complete our application, we have requested a Certified Property Owner ’s List from Hennepin County. A list, labels and map w-ill be mailed directly to your office within a few days from Hennepin. Please forward the $25.00 invoice to us (which Hennepin County will be enclosing w ith the information). Should you need any additional information, please do not hesitate to contact us at the above telephone number. We appreciate your time and consideration. We are optimistic that the City will resolve this matter in an efficient and fair manner. Sincerely, Michael J.'Ebertz, M.D. Donna R. Ebertz, Esq. T ” r Page I of3 HARDSHIP DOCUMENTATION FORM This form Is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statue Section 394.27, Subdivision 7 requires that a hardship be demonstrated in order for a variance to be granted. The hardship must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid hardships. In order for an application to be heard by the Planning Commission and City Council a hardship having merit must be demonstrated. HOW DO I PROVE A HARDSHIP? This form has 12 points outlining the basis City staff uses to determine if a hardship exists and how the variance will affect the surrounding community. To prove a hardship, address all the relevant points listed below and answer them as 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 co.nditions allowed by the official controls." / ilL^j i l/i i y- uy L'.Vdi iA'y^^l .(dtt.-f______ (t c l- CU -i Ia nrt f '/it /A____ ^ tM ( (i- /.n Vi P/V) C i'-LUiilil/ I till'd ifU___7i ■ LQif-n.. I rl \ Cj ^ r^pCl I "The plight of the landowner is due to circumstances un que to his property not created by the J)^^ hdA/, rx. 2. andowner" /)i.^ hnA/Ljh.if <>? A /oT ior y tt/ncc o (- ^ -i -nrl ___________ !1 I'r'y:' nh Ci i 1 ^ I '/•» r'.f•>) hh / au/ u t1 t ! ^ "The variance, if granted, will not alter the essential character of the locality." . ' i yitunc^h (i'J)II i'\ /-I c Ci n vgUi't j nd A.t'fh/y.f i<~‘i /^ 0(■'VlTVA.’X Vt. (‘Vi/;.; Tt If t A c{ /hiJd CH'tO- Prc n ■'} i^’Cu * V l{.'i/( ^.41 /t<l •LLi- ''hL£- /AV W ,, 3. 4.(.y "CVtLtL/ ll'llj /td.* uL»- ,,, “Economic considerations alone shall not constitute an undue hardship 'f reasonable use for the property exists under the terms of the Zoning Chapter." - « /Lot CLflP^iCd-hU .____________________________________ i. }• A 6 ;.i A 'fi “-V. I.: >f• . 't'x |V rl V C- \\ >/ //'“ ------^r .^1 \ kv 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 116 '06. Subd. 2. when in harmony with this Chapter." I '____________________________________— •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."nere me diieuicu iohu io , m 1^ Aff/.'lUtLci /r, i/A C\ w.-L-u-KtA-U^ ^ ' p 1 f ,\,'yW i !l Til} idy'i \»in f/v i- - V/1 /> n n^, »t c> vU ).’fh n_,. 'i u,--u 10. of Wt'i'/£iL/i<-C r> 'yitVC^iU- < “The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-fami!y dwelling." * *1 /1*. f ^‘ C *^*'-*1 •• ■ —-— .............. ■■■ ' - ' 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." . 'r4 7.' S un) >. , i (V (' i a A U- f cn ■ fai V > c uht. > :i4\d n , \/n I . U “The conditions do not apply generally to other land or structures in the district in which said land is located." ^ . / I i • A I 'I L'i.-'..'y ^ j:. f l-hCU^^^A- /■ ^ _______ ) ___________________________________________________________________ •The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." . . / . . . ,A n y'>‘■it I't ,'itIA I fit'll t\ f't-_______■ r 1V I. < 7 r I '1 ■>> ! Mf.i ^VCai'WA.Hi: y/j t'c/jj.t.VU’ i W> iU -\il Hk . JlL. . 1 . - • ■ ----- - ^ _ _ - ,. t ' J t /Uijct kUcL ci' ■ “The granting of the proposed variance will not in any way impair health sa.ety. comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. v'iiVid.i^(-L it^ld /vd.tv aat-i /.r~ |V v.rpOyi.td.iyO , .'T'v. t • •' •r . • •- . * r V 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.” Y\ i7 4>'i ht lLCij- ICi^Aci^ko'y-iy r X.i I'i i.'i.Lt Vo ir/m 6-.____j I// i Ui .■■■■-■ , __________;______________,______________ \/Li^y?tCVl«:^ , Liflli OnOf)li'LLt 'yo C>tc'TU. t'Uul kji 'fv fX UxnhU^i. h\ t Hardship Statement Should you feel the hardship cannot fully be described in the above criteria, describe the unique hardship, practical difficulty or unusual property conditions preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary); , , . • i / ^ i j /<H.liy. h/L^t ’ hAwU' /k /u>v - i%‘fY\frr>'iYi -------- /V ~ct i'ui.\L\JlC _ _________-r:/: {t L-t (f"r>/iUL (.L^i___, ,w.-—^^------------ TI aTo} ^/x.> ~ T^Xi^dLtLtuA. ^ ^ k- - •^/mx rLn c\f 4n/t^i^yj ii)pAL hq'^ * t I ■ .^ ' /* J . .1 ^ i\ ~i\A / i J . Ax.#*»•>»-. -oo /I .'T <_____________/fW- ;/-\ f / t rTltMLi-Jp-^ CyffU-r-iA ^ iTu *ptxiiK U(, cf /<c-nc( /«. ^ ^ §k k ^ ^ 0 C\ |<n'i-l'l tO'^ 1 Sn(/vu ,oMa IK reooU.i.o« C'.^ ^ _____ .. 1 i^-l } J 1/ J ^ Lt fU^riM ->=rf3S53CL c0'^ii'ru4')f- i'<^' Ii ^ • • •• •• \ . 0 I6'J \ .; • N 68® 18' 20" E H r*- ib * ft 1 o &cc JMi-. XL- W9L* Stl. ML. IKI Mfi ML. >*wu»:»ypBguMtfi. 'StMN:^3aM. JJtM^tSS^!k:J9S3A — *t^httutmU’AUrr% ^ UM»HM«!V4---------- n»L * TTiw>Tnifnr •|f<a|l!>tJ|fi«»iM!IL-------- HtSJTJttSKilMMA:---- ift •<»» flp< 1-» t — n>Mr ^•^.. nj*tf w*'^ I •t 4^ /■ iJ bpTA*4lc>U Kt^ne 4»«re fltrr.uarejt> ^^»IC »PLAUf A'O.tf- ATiaASA » ftaHM-OA *AVA*9 PLAMT 3.«* lh^<il H0uefMjeK4^XTIb^MILLA ____________<»»«Ci PuAixr 3'0 'UOLH«miP'^##0fK/riMS 'muJA ocx^ofuTTAUfr >40tMi;nkjP'£— ''i>4Jijnbu* Yaw X HfcOtAYyyMTeg*______^5cail 3 PLAUr^'£W^ 'WiLm»i C>AApa>T* JllUlPMB-JUUiMK lIC. Mo»I<4M^T»4JA*WIUVU«I'Mcaic A PLAATr&*0.£. Htuxa p»oa0' climjLY ^\m^m9^CAiu^ 'irmiAApeoPp*iAAL.K.PUAUT |»*0.4. c^ie^usMMU. aeiCAUUti dWAUiUH l6Air i»PLAUT 13' paoAi*' H0fiTA KMIA mm:(M*II PtAUr ^AUftLMrr u«>U^ wlf4rrA kW»^TA 'AUAU4»THflaU»I6AU a PLAIJT »4* At*. ^AePfAL «TA»JtoA|Lo' M««rrx 11«j. t^AU 7 PLAUr 2A^A^ JAfViJaM f%4UT8DrtPU A*TVMtHiM ViranJcUH'PIcrUM^|£>U PLAMT 39’O.C*. L>0<^ MAk/TVJl AUCHaHlUA Hotu^ ____icpu l£flA>^ 13* Oi^rfMcH P»Ml errainHioPT^Mr ICAl-to PUAWr 3£»'Ad. I.. ; 0C.E HARDCOVER CALCULATION WORKSHEET SETBACK ZOrrt;: (CIRCLE ONE) EXISTING HARDCOVER IN ZONE A. House __________ (6^75^75-250*250-500* Lcnfth Width X X X 8 m B. Garage C. Driveway X X D. Sidewalk X X E. Patio/Deck X X Zl9-tA\<estQf- Qfoc F. Landscape Underlain By Plaslic Or Fabric X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A __ B PROPOSED HARDCOVER IN ZONE’ A. House___________ X Length X X X B. Garage C. Driveway X X D. Sidewalk X X E. Palio/Deck X X F. Landscape Underlain By Plaslic Or Fabric X X O. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE B _________ s 100 - Width 3 a X 100 IIM UU I / ^r, 500-1000* 682___^s.F. 1218 S 3(7 5" 71J_ 1612- 33.320 I . / r1/ t*, I U V r. ; ; tin * i f y 'Z. ’vn y,‘V la S.F. S.F. S.F. S.F. _ - tiLMCUtOP a r.“ Oi?iv£u;/j jT SF. S.F.-cxjioic, «!/*«.« S.F.-PC^» «'■'*( S.F.-Oec«S ><7 S«t> S.F.- 0ftJ<S at rtffu S.F. S.F. S.F. _ _ u/oiHy^cMC a.r. ’ iiocii S.F. A SF. B % SF. S.F. S.F. SF. S.F. SF. S.Fv • S.F. SF. S.F. SF. SF-VV-.^t' ‘S.fJ ' 7, ;V SF. -- S.F. SF. SF. Vo A B AIike € CX?Aw/> tecizTi-utfx /^w/o $y/j Z/ HARDCOVER CALCULATIQN^WORKSUEET SETBACK ZONE: (CIRCLE ONE) EXISTING HARDCOVER IN ZONE A. House______________ 0-75' X Length ]2.6 X X X B. Oertge C. Driveway X X D. Sidcwilk X X E. Patio/Deck 4.1 F. Landscape Underlain By Plastic Or Fabric X X X 0. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A B PROPOSED HARDCOVER IN ZONE A. House _______________ Length X X X B. Garage C. Driveway X X D. Sidewalk X X E. Paiio/Dcck X X F. Landscape Underlain By Plastic Or Fabnc X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE B <^-25dp 250-500'500-1000’ 9(57____S.F. - Htfw SC VVid* 2.9 » 03 \26 : A ^|-i7 13.390 X 100 Width X 100 S.F. SF. S.F.-SMC O SF. SF. S.F. SF.-OCCK<i.5M| S F. -0CC«F.e NffU SF. SF. S.F. S.F. _S.F. ____S.F. •/« A B S.F. SF. SF. S.F. SF. S F." • SF. SF. SF. S.F. SF. SF. SF. SJ. S.F. S.F. H A B T?vBek • RESIDENTIAL & COMMERCIAL • LANDSCAPE DESIGN & 1 ciwn INSTALLATION ^1 1 cUlclsi *l|lf • BRICK PAVER PATIOS . ESCTAlKIIMf^ VA/At 1 Q Date. PROPOSAL-CONTRACT 9-^/- __L 763-577-0575 PROPOSAL SUBMITTED TO: licensed & INSURED WORK TO BE PERFORMED AT: ADDRESSNAME 5'"4' SMc^-Oai. IWB MWEffvKpWil WTuMIAT mI ma TWVJ A n B a W*Io<u< iMk N'fecessA«y pon TH^oMPterioN of iMmMMU - tr /)aKJ3L^I^ !2 s1 j O '<Tbf^iCA'kUAr- CITY. STATE PHONE NO. CITY. STATE DATE OF PLANS <,cx.f=r. - a C n I/g»— If ^sr^P£^<; 'yo i^j^/Kj<L A}c.t/ £::-06'/>^6--^ ~7>TT7v77Z~k II ?7“rrilIT77^ <>’' /CA ^ ........-S! 7/\ j ./l£^/~/-/-» ________________=—//7t •^,_ /«,. \ I pyj<k\J>T7fyQc^ ^.(/y-A f^^7-< ~—ZzZ 'f r 5/?^f//K ^ ^ yCu-v'H ’O'** t - V All material is guaranteed to be as specific, and the above work to be completed In a substantial workmanlike manner. ____^________________________00,,.™,. I z, 9^s: , with payments «r tniinws; i£.--------------------------------------------------------------------------— LandKspuig payftwnt wiM bt du# at co»Tvlalloo of job unlati o#ia<wi»a ipactftad. Any Rggp allarationa of davialion Uom apadfcationt invoMno a*tra COtU •« b« axaculed only upon wrinan onJof. and win bacoma an wrt/a charga o»af and aboua tha tatimala. Al agtaamanu coniingam upon atnaaa. aceidanla o» daiaya bayond ou control. wn & Landscape ACCEPTANCE OF CONTRACT The above prices, specifications and conditions are satisfactory and are hereby accepted. Msu are authorizc id to do the work as specified. Payments will be made as outlined above. The proposal does not become a contract until all parties have agreed and signed. 4 ' Date ________________________Signature ----------------------------------------------^--------------------c— - ..tip * • '“N • ’ * j'l AP r\ vj o O .........' OCC)^—O-^O* S. -: }:•. n © 9 <5? 9 ^■•coc»-''C . -.—*^.* ► —•*• -•' •’‘*‘ —:j. 'Qtr if^Aos : © © V.• -i.*■••'•••••• ............... (6)\g) • ,£> /?>V.. ., • © •• 0 0 ' • (T> • • » • • • -a> • (2>- i ^ \- ■) ';>-.''-:';>/W 0 7 •• ••"*' '•^; Ci; (p/.........• * C v / '* • © ■■ ■'■'i.;- Q-:!• • •• ‘d!? X* ©Q'O O • • © I) o. 3) O.P j04c- 0'' ® .....effi'h’-0 .1 .>®1 <0 (p © ^ ,■ m mm ' ©- /-/of,at >AMC>Y'7'/‘l£: - . ^ - T/:‘**ort?tO ©-.&'S<vi>c/4' ^(-.Ah^ • • ............. §. Q'dosPru (P K;e25/< /^5r«f5 g J oa-i'-P' V • Vt'iiifrnTso \' ;IlA,/,</.< « f r I ffi (]5^ OG~^!.a .. ». j#3060 J ! - m Bonestroo Rosene Anderiik & Associates 2335 West Highwriy 36 • St. Paul. MN 55113 Office 651-636-4600 • Fa>;: 651-636-1311 WWW bonestroo com engineers & Architects Sep. September 28, 2004 Ms. Melanie Curtis Planner City of Orono Post Office Box 66 Crystal Bay, MN 55323 Rc:1220Tonkawa File No. 139-04-000 Plat No. 04-3060 Dear Melanie: We have reviewed the sketch plan for the proposed grading and shoreline improvements to the property located at 1220 Tonkawa. The proposed improvements include the construction of retaining walls and associated site improvements along the lake side of the home. We have the following comments with regards to engineering matters: • The proposed sketch docs not provide sufficient detail for us to comment on. A detailed plan should be submitted that includes existing and proposed contours extending 50-fect beyond all lot lines. 1 he plans should accurately show topography including all lot lines, existing trees, buildings, retaining walls and any other structures and hardcover. • The plans should include at least three sections showing existing and proposed elevations between the lake and the home across the frontage of the property. • Additional retaining wall information should be provided with the revised plans. At a minimum the proposed wall type should be identified as well as the proposed top and bottom of wall elevations. The plans should clearly identify existing and proposed walls. Any walls that exceed 4-fect in height require a separate engineered design and detail submittal. • The plans sho. Id include erosion and sediment control details and detailed planting and restoration infonr.-.i;ion. If you have any questions please call me at (651) 604-4S63. Yours very truly. UONl-S IROO, ROSKNE, ANDERl.IK & ASSOCIATES, INC. Tom Kellogg Cc: Greg Gappa, City of Orono St. Paul. St Cloud. Rochester. Willmar, MN • Milwaukee. Wi • Chicago. IL Afnim41tvf Ailion,^i(|M4ii Opponunify Fmpfoyvr Fmployr* Owned liyuaindk^ f'jkfm Bonestroo Rosene Anderlik & ^ ^ Associates Engineers & Architects 2335 West Highway 36 • St. Paul. MN 55113 Office: 651-636-4600 • Fax: 651-636-1311 wwwbonesiroo.com November 9,2004 HOV 1 0 2004 Ms. Melanie Curtis Planner City of Orono Post Office Box 66 Crystal Bay, MN 55323 rji-/o-.‘o;v0K'o Re;1220Tonkawa File No 139-04-000 Plat No, 04-3060 Dear Melanie: We have reviewed the final plans for the proposed grading and shoreline improvements to the projwrly located at 1220 Tonkawa. The proposed improvements include the construction of retaining walls, plantings and associated site improvements along the lake side of the home. The plans are acceptable from an engineering perspective. Erosion control measures should be installed, inspected and approved by the city prior to any work on site. If you have any questions please call me at (651) 604-4863. Yours very truly, BONESTROO, ROSI-NE, ANDERI^IK & ASSOCIATES, INC. Tom Kellogg Cc: Greg G4ippa, City of Orono • St. Paul, St Cloud, Rocnester. Willmar, MN • Milwaukee. Wl • Chicago. IL AffirAction fquxi O^po/lunily Cmployor Cmpicyoo I o o % ■ ■' October 4,2004 CITY of ORONO Municipal Offices Street Address: 2750 Kelley Parkway Orono, MN 55356 Mailing Address: P.O. Box 66 Crystal Bay. MN 55323 0066 Michuel & Donna Ebeitz 1220 Tonkawa Road Orono, MN 55356 REQUEST FOR FURTHER INFORMATION SUBJECT: Zoning Application #04-3060 The City of Orono is required to notify you within fifteen (15) business days as to the status of your application for aftcr-thc-fact variance and conditional use pennit for properly located at 1220 'fonkawa Road. I have enclosed a copy of the City Engineer ’s preliminary comments based on your submitted materials. In addition to the items requested by the City Engineer, below is a list of items the City of Orono is requesting to complete our review: ^ Original sui’vcy, (certificate of survey, signed by licensed surveyor) indicating existing and proposed topography. All existing and proposed hardcover shall be calculated on the hardcover worksheets that are enclosed. The hardcover calculatioirs must be completed by your surv-eyor. Application //04-3060 is incomplete. If you wish to proceed with your application please submit the items requested above by Friday, October 8, 2004 to remain on the October 18, 2004 Planning Commission agenda. Please call me at 952.249.4027 should you have any questions. Sincerely, Melanie Cunis City Planner end 5 Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.Qrotio.mn.us Ft ’ // . > % f »'■ V GITYof ORONO & Municipal omccs » m* *% ,• Street Address. 2750 Kelley Parkway Oiono, MN 5S35S Mailing Address: P.O. Bo* 66 Crystal Bay. MN 55323 0066 October 26, 2004 Michael & Donna Eberlz 1220 lonkawa Koad Orono, MN 55356 REQUEST FOR FURTHER INFORMATION SUBJECT: Zunliig AppUcatiou W04-3060 The City has received a survey of your property from your surv’eyor and based on our preliminary review the City is requesting tire survey be revised per the following list. 'Die sui-vey should show: r contours of existing and proposed trrpography; 3nd v' l-lcvalions of the bases of the trees involved in the scope of the project; and v' lilcvalions of the top and bottom of the rock wall; and / lilevations of the top and bottom of the rip rap. Application //04-3060 is incomplete. If you wi.sh to proceed with your application please submit the items requested above by Thursday, November 4, 2004 at noon in order to remain on the November 15,2004 IManning Commission agenda. IMcase call me at 952.249.4627 should you have any questions. Sincerely, City of Oiono Melanie Curtis C!ity Planner c: Mark Gronberg, Gronberg & Associates fi 0 ^ TrIvphoM (952) 249-4600 • Fu (952) 249-4616 www.xi.oroooanii.iu ___ > . S -i 4UV JJ ^ in ,i f'' ^-' ^•"•: 1.^’ . 'v- - ’ ♦. • ♦ ‘-- ■ ■ •• .•"•■• .' ’._■•• -• ■■' ' •• •• •. ■• •■» ■ . . • ■• ’v'4'-=«v- ”. '?•■■.■• ►■•".■ ■■■: ••• ' V , \ : .X . 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'•*’ •».• y . -Y ^ . * */*»*'• M ' •* '<:?•■-I. ti5 •>-••• . •• ■:vf- •*/•»• ,■«.- V••V ■«%• V.- <» •:-.!. .• -7**-‘^ \'r- T'lA' ‘ . • •' ‘♦^ ' . • 'W -;‘? '- .. 'S mm f ; V' : »• ^ ^ fc>- >•;■' f,;~ - . •''f *• .y. S'- ' K, ’*‘K ^i ’■‘t- -••t-'-•-^ -7*\ -^r .Vi .SPf. ' . .- • . -\ - ."ti ■’«■• >.' '• «f /-■ :*-■,«- • ,yfM' -^'•y A2: •# ►> V MEMORANDUM To:Chair Rahn and Plaiuiiiig Commissioners Melanie Curtis, City Planner From:•r •« Date: Mike Gaffron, Plamting Director November 10, 2004 »»*• I .*’ * » • . • * • J — *® %■ N* • f Subject:File #/04-3060 - Lakcshorc Land Alteration at 1220 Tonkawa Road I would oflcr the following comments regarding history of the site and what I believe should be City goals for the site: 1.Fred GuUormson and Chic Dwight owned this property in the 1990's. In 1995 they applied for variances to replace the existing 8' x 24' deck on the lake side of the home, and to build a screen porch under it. This involved excavation aitd retaining walls adjacent to the east end of the house in order to have the floor of the screen porch level the full width of the house. That application also proposed some boulder retaining walls between the house and the lake, perpendicular to the shoreline, to stop a drainage and erosion problem pur|iortcdly caused by lack of ground cover in this area. The result of their request is that they were approved for the deck and porch, subject to hardcover removals around the property, but were formally denied (Rc.solution No. 3611) the ability to place rock walls and borders l.ikew;ud of the house, because at that time staff found no evitlencc of crosioit that would have required such substantial work. They were advised to establish lawn in the areas benveen tlic house and the lakcshorc bank, without chatiging grades or removing vegetation. Further, at that time there was a substantial growth of mature trees and underbrush on the *hump ’ between the house and the lake (sec attached photo from City files), which acted to screen the cast wall of the house from the lake. Tliis was considered as a plus by the City, since the house is so close to the lake. Drainage was an issue for the Guttormsons, as the ‘ hump ’ area drained to the south rather than toward the lake (this drainage pattern is also visible by examining the photo, ;ind from the City’s 1992 topography map). They were concenied about drainage entering the screen porch area, lliey were advised they could establish a shallow swale just cast of the deck to channelize tlie flow te •iiC south. 1 don ’t know whether they did this or how effective it was. 2.In 1997 it w'as found that the Guttormsons had gone aliead with the deck replacement and screen porch without pennits, without executing the variance resolutions, and without completing the reriuired hardcover removals associated with that 1995 approval. A new after-the-fact variance application for this work was filed in 1997, in conjunction with a request for a new detached garage. While this new application was never finalized and tltc garage was not built, GuUormson did eventually remove the hardcover areas originally required to be removed. t, 'r* . ' 1220Tonkawa Shoreline Alteration November 10,2004 Page 2 3. 4. 5. This sununer we found that the applicants without the appropriate City approvals had done significant work and grading to the shoreline in the area of tlie ‘hump ’. This included rip-rapping the shoreline; construction of a 2' high boulder wall directly above and adjacent to the rip-rap, and grading the entire area of the hump, lowering it approximately 1 -2' in my estimation upon visiting the site. There was virtually no understory remaining in the area graded, and pre-existing vegetative and topographic screening of the house from the lake was substantially reduced. I have no doubt that the shoreline required rip-rapping. The bank at the shore is fairly abrupt, and erosion of the bank was a concern. The problem with the current plan is that while it may protect the integrity of the bank with a 2' boulder wall directly above the rip-rap, there is no flat areabetween the top of riprap and this lower wall to plant screening vegetation. The view from the lake is essentially a 4'-5’ high wall of rock, about 40' long. Screening this lower wall with some type of vine, rather than pushing the wall back into the hill to gain flat planting space for shrubbery in front of it, may be appropriate. Tire proposed upper wall, yet to be placed, is in two diverging sections; one to hold up the bank at the north end where tlie hump was removed; the second being parallel to the shore, 25' in length, and about 5' back from the initial wall. These second walls are proposed to be approximately 1.5* in height. The proposed screening witli shrubbery between the lower and upper walls may help to screen the upper walls, but 1 question whether they are necessary, as opposed to starting at the top of the lower wall and rebuilding the hump with fill, establishing 3:1 slopes, and then sodding or establishing some other deep-rooted ground cover on tlie hump to eliminate surficial erosion. This will yield a more natural looking shoreline than the additional retaining wall. The applicants’ project as proposed, and as evidenced by the submitted cross-sections, is intending to create a gently sloped lawn areabetween the house and the lake that will tend to drain to the south, away from the house but not directly to the lake. Tliis is not an unreasonable goal, as long as all the remaining trees are preserved and substantial natural vegetation between the house and the lake can be preserved or re-established. However, this plan does not re establish the hump to the height at which staff believes it previously existed, and therefore the topographic screening of the house is compromised to the extent of 1-2'. The Orono Comprehensive Plan discourages the use of retaining walls. CMP Part 3 A, the EnvironmentalProtection Plan, in the section titled General Policies for Natural Resource Management . Policy 9 states: ; • • “9. Lake shorelines will be protected from alteration. Natural vegetation in ‘ shoreland areas will be preserved inso far as practical and reasonable in order to retard surface runoff and soil erosion, and to utilize excess nutrients. Clearcutting will be prohibited. In areas of soil or wave action erosion, natural stone rip nq) shoreline protection will be encouraged.” [ f 1220 Tonkawa Shoreline Alteration November 10,2004 Page 3 In the section titled Urban Area Policies for Natural Resource Management. Policy 2 states: “2. Retention of natural vegetation will limit the impact of urbanization as visible from the lake. Building heiglits will be limited to less than the typical tree height. Minimum green belts will be provided with prohibitions against clearcutting or excessive thinning of vegetation. Natural vegetation wilt be preserved on slopes. Retaining walls will be discouraged except when absolutely necessary to prevent erosion, in which case they will be screened with natural vegetation.” Li regards to the upper wall, the City Engineer has indicated that from an engineering standpoint the proposed plan is acceptable. However, from aji aesthetic standpoint, elimination of the upper wall will be less visually intrusive. The Engineer has indicated to me verbal ly that the upper wal 1 system could be eliminated as long as a 3:1 or flatter slope was maintained above the lower wall, and natural vegetation with a strong root system was established at that location. My basic issue with the project is loss of the natural grade of the shoreline, replacing it with the upper retaining wall that may not be strictly necessary, and replacing the natural vegetation with contrived plantings and a garden-like view rather than a natural look. A more natural look could could be accomplished by eliminating the upper wall and replacing it with a gently sloped hillside at a 3:1 or flatter slope. The primary area where excavation occurrcxl to lower the ‘hump ’ is between the two sets of mature black oaks shown on the recent survey. It is my belief that the slope previously was uni fonn between the bases of those two groupings of oaks, whereas after the grading it seems that just south of tire northern group is a significant cut (which the submitted proposal would reinforce with a wall) and then a flat area to the base of the southerly oak group. This area currently has an elevation of 936'-937‘, whereas our 1992 topography and the actual surveyed tree base elevations suggest it sliould be a gentle slope from elevation 939' at the north end to 936.6' at the south end. The wall and stairway perpendicular to the shoreline extending from the south end of the house, is of lesser concern to me but might be unnecessary if additional fill was broughtmtotaperlhc grade furtlier south. This wall will only be minimally visible from the lake. Applicants ’ cross section A1 - A2 is the primar>' area I would change if the intent is to re-establish the original topographic screening. It could rise from tlie bottom of the steps (937.0) toward tlie shoreline 14' to a point with elevation 938.0, then drop to the top of the lower wall (933.6) in a distance of approximately 18', for a final slope of 18:4.4 or about 4:1. The slope parallel with the shore should be uniform in a line between tlie two definitive oaks, and that line becomes the drauiage divide, llie only are;i of concern is at the north end where this grading will have to blend in witli the more precarious slopes remaining on the neighboring property. Conclusion: I believe a grading plan can be devised that substantially restores the original topography without resorting to an upper retaining wall, allowing for a more natural looking shoreline, allowing for replanting ofscreening and bank stabilization vegetation to reduce the visual impiict of the home ’s close proximity to the lake, and that is more in line with the City’s policies. u' - 'f' ^r >U-'^ V .‘\ S8»^ ‘i4'^A ^ ?t /. ^ /■ >^o'-w^fc>*-': ^ i ., •r’^ ^ \. ':. /•, *m».^ «r , I ^<;r- V i • V • • » A 1 ^ JF^ ^ ^ • t ^ »«ri ,jfjS^:.' ‘ /t/J ui.: ‘ ^ t/‘A? ' '^V* ___A ' , I *. r •^. ^ . *•-. ,^_^lgl4|aA|dk. {if ••;....^4«^.t* • • .,• ♦ * •/ • ■ • ^ • • • ti. • •• «•« nm *•« • • • • —mil. I, •'nnwi #>• ..Vi* • • • • ••« • • • ••• • t •• • • • 4 •« > I ‘. j Zoning File #2049 August 14, 1995 Page 2 ------The'existing house is 42’ from the shoreline. The existing deck is 34 ’ from the shoreline. The proposal would increase the bulk of physical structure encroachment in the 0-75 zone. In order to construct the screen porch, applicants will be excavating under the existing deck, which may result in the need to replace footings under the east end of the house. Ihe proposed screen porch would require perimeter footings. Additionally, applicants propose to replace existing lower level windows at the southeast front of the house with a glass door, requiring excavation to create the ability for a walkout. While this excavation is minimal in the number of cubic yards to be removed, it does expose a larger portion of the facade to the lake within 50’ of the shoreline. Although applicants have suggested that this excavation plus a boulder wall adjacent to the main entry are to prevent erosion, there is no existing erosion problem, and the grading is merely to create the ability for a walkout door on the south facade. Applicant additionally proposes a scries of low boulder retaining walls between the house and shoreline. There are a number of mature trees and some underbrush within 15’ of the shoreline, but the slope is not so great that any sign '^.cant erosion is occurring. The slope is certainly ’maintainable as it exists without bould.. walls, and any excavation or filling to establish the proposed walls might have a negative impact on the existing trees and vegetation. Hardcover Issues There is some accessory hardcover in the 0-75’ zone, including a 10 ’ x 14 ’ deck adjacent to the lake, sidewalks adjacent to the house, and a gravel driveway loop which appears recently upgraded. Applicants’ survey indicates an 8’ gravel driveway that previously led to the lake has been removed, as have a 10 ’ x 11 ’ shed and an 8 x 10 shed. (See survey, Exhibit D.) A faint sketch on the 1970 survey apparently used for the original building permit, as well as 1989 City air photos, suggest that a loop driveway and access drive to the lake has existed for many years. The portion leading to the lake (noted by surveyor as 800 s.f.) has recently been removed, but is not re vegetated. The loop driveway has new gravel and sod boundaries and is clearly defined. Most of the loop is within the 0-75’ setback zone. A hardcover analysis of the property is as follows: I. 0-75’ Zone (Area = 33,050 s.f.) ■Structural Hardcover: House Deck (attached)Existing Deck (at lake) 770 s.f. 216 s.f. 120 s.f. 1,106 s.f.(3.35%) Proposed House Att. Deck/Scr. Pih Deck (at lake) 770 s.f. 270 s.f. 120 s.f. i,160 s.f. _____ (3.51%) -I » • p 'I > • L TT^ '• • { 1 « ....S^9 ^^QV ^ « «>'>•* J««*- V* -■*. » - 1^ • I \. /'I 5 />vS+ tmtfi © ^ 'm. . •:^ V I . 2.,^CALfe. rth^iiut I I^iifh .. » to » T ^ H RUN DATE :W2I/2004 38 081172313000$ PROPADOR 1200 TONKAWARD OWNER NAME L DUTCHER * L R KOENIG TAXPAYER LYNN KOENIG/LCONOIAS BUTCHER NAME/ADDR I200TONKAWARD long LAKE MN $5356 38 0811723130018 PROPAUDR 1205 TONKA WARD OWNER NAME N ASMITH &T H SMITH TRSTES TAXPAYER THOMAS H& NANCY A SMIIH NAME/ADDR I205T0NKAWA RD I.ONGUKEMN 55356 38 081172342001 1 PROPADDR 1 335 TONKAWA RO OWNER NAME JAMES D RENDER TAXPAYER MMLS D RENDER NAME/ADDR 5120 EDINA INDUSTRIAL DUVO EDINA MN 55439 X % & HENNEPIN COUNTY PKUPfcK I » iisrvjivw/^ i .oi. -. PROPERTY OWNERS LIST 38 0811723130006 PROP ADDR 11 80 TONKAWA RD OWNER NAME R E ENGEBRETSON ET AL TAXPAYER RICHARD E ENGEBRETSON NAME/ADDR • 1 80 7ONKAWA RD LONG LAKE MN 55356 38 08117231>0007 PROP AODR 1 160 TONKAWA RD OWNER NAME PT&SK STEVENS taxpayer PATRIC K T& SUSAN K STEVENS NAME/ADDR 1160 TONKAWA RD LONG LAKE MN 55356 38 0831723420001 PROP ADDR 1 220 TONKAWA RD OWNER NAME MICHAEL 3 EHERTZ TAXPAYER MICHAELJEBER7Z NAME/ADDR 1220 7 0NKAWA RD LONG LAKE MN 55356 38 0811723420003 PROP ADDR 3366 NORTH SHORE DR OWNER NAME STATE OF MINNESOTA taxpayer DNR real ESTA3 E MGMT NAME/ADDR ATTN DEBBIE CURTIN 500 EAFAYErrE RD ST PAUL MN 55155 38 0811723420012 PROPADDR 1315 TONKAWA RD OWNER NAME JAM1.S D RENDER TAXPAYER JAMES O RENDF.R NAMDADDR 1 315 TONKAWA RD ORONOMN 55391 I CERTin' THAT! HE FACTS 'iT AP^S^WS^DAT RECORDS OF MY knowledge AND BELIF.F. DATE Cf) \ t \ _1 u ir-'^ i «0.JJ Hennepin County Taxpayer Services Department Parcel Information larcel ID 0811723420001 'House Number 1220 Street Name TONKAWA RD This Is not a lagaHy recorded map. It represents a compilation ot Information unH Hata from Citv. Countv, and State road authorities and other sources. Date Application Received: 10-19-04 Date Application Complete: 11-05-04 60-Day Review Period Expiration: 01-05-05 mcctimg DEC 1 :> 2004 u I r ui- REQUEST FOR COUNCIL ACTION Date: December 6. 2004 Item No. (/ Department Approval: . Name: Melanie Curtis Title: City Plamier Administrator Approval:Agenda Section: Item Description: //04-3066 Bill & Anita Rouse - 4051 Mighwood Rd - V'arinnces - Resolution Zoning District: Lot Area: Lot Width: LR-IB. One Family Lakcshorc Residential, 1 acre/140* 22,215 s.f. (0.5 acre) 90’ @ OHWL/95 ’ @ 75 ’ setback List of Exhibits: A - Resolution per Planning Commission recommendation B - PC Action Notice dated 11-19*04 C - PC Memo & Exhibits of 11-08-04 Application Summary: The applicants arc requesting side setback variances in order to reorient the roof of the house and the garage within the 10’ side setback; and a lake setback variance in order to add a second-stoi > o\ er a portion of the cxi.sting home within 75 ’ of the 01IWL. The applicants are proposing building envelope expansions into the existing substandard side set’oacks resulting in the maintenance of a -».3’ side setback for the home and a 9.3’ side setback for the detached garage where 10* is required. The applicants’ property currently has nonconforming hardcover in the 0-75 ’ and 75 ’- 250’ zones. In conjunction with the setback variance requests, the applicants have proposed a hardcover reduction within both the 0-75 ’ and 75 ’-250’ setback zones for hardcover of 12.6% and 33% where 0 and 25% (respectively) arc allowed and 12.9% and 36.4% currently exist. Planning Commission Recommendation On November 15. 2004, Planning Commission voted 7-0 to recommend approval of the side setback variances in conjunction with hardcover removals resulting in 12.6% or 989 s.f. within 0-75 ’ setback zone and 33% or 4.820 s.f. within the 75 ’-250’ setback zone. riaiiiiing Staff Recummciidation 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 78-330 SUBDIVISION B AND SECTION 78-1288 SUBDIVISION A FI IT NO. 04-3066 WHEREAS, William R. Rouse and Anna M. Rouse, husband and wife (hcicinancr “the applicants") arc the owners of the property located at 4051 Ilighwood Road within the City of Oiono (hereinafter the “City*) and lei’ally described as follows: Tiaet A, Reipstered Land Survey No. 1420, files of Registrar of Titles, Hennepin County, Miiuicsota (hcrcinartcr the "property"), and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zonini ’ (.'ode Section 78-330 Subdivision 13 l») allow a side setback of‘>.3* in onler to leoiieiit tlie roollinc on the c.Mstinii; det.iched i»ai ae,c; and WHEREAS, the a|rplicant has made application to the City of Orono for a variance to Orono Municipal /.oning Code Section 78-330 Subdivision H to allow a side setback of 4.3 ’ in order to reorient the roonme on the e.xisting home in conjunction with a partial second story addition; and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning ('ode Section 78-1288 Subdivision A to allow a second story to be constructed over the c.visting home within 75 ’ of the 01 1WL. NOW, THEILEIORE BE IT RlsSOLVED by the City Council of Oiono, Minne.sota: FINDINGS 1. riiis application was rcvicweil as Zoning Inle W04-3066. 2. I'hc property is located in the LR-IH, One Family L.ikeshoie Residential Zoning I )istrict which requires a minimum lot area of 2 l,7S0 s.f. or Vt acre and a minimum lot width of 140 ’. Page 1 of 5 3. The Planning Commission reviewed this application at a public hearing held on November 15, 2004 and recommended approval of the side setback variances based on the following findings: a. The applicants’ property has 22,215 s.f. or '/i acre in area and 90 ’ of width at the shore and 95 ’ of width at the 75’ setback. b. No additional land is available for acquisition by the applicants to make the property confonning in area or width. c. 1 he applicants arc proposing to reorient the roofiincs; no additional living space is proposed within the substandard setbacks. d. Due to the location of the home any additions or alterations to the west side of the house and detached garage require variances. c. There is no available land to purchase to make the e.xisting side setbacks confonning. f. The applicants’ are proposing to remove portions of nonconfomiing hardcover in conjunction with setback variance uiiprovals. g. Since the home and subsciiucnt addition were originally constructed the shoreline has eroded making the previously conforming lake setback nonconfonning. 4. The City Council has censidered this application including the findings and rc-ommendation of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions e.xisting 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 propel ty; would not merely sci-vc as a convenience to the applicants, but is necessary to alleviate a demonstrable liardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in Page 2 of 5 keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDKR AND CONDI I IONS Based upon one or more of the above findings, the Orono C'ity Council hereby grants a variance to Orono Municipal Zoning Code Section 78-.130 Subdivision B to allow side setbacks of 9.3 ’ for the detached garage and 4.3 ’ for the c.xi.sting home m order to reorient the rooflincs in conjunction with a partial second story addition, a variance to Orono Municipal Zoning Code Section 78-1288 Subdivision A to allow a second story to be constructed over the existing home within 7.S’ of the OHWL and hardcover removals, subject to the following conditions: 1.Council approval is based on the site plan submitted by the applicant and annotated by City staff, attached to this Resolution as Bxlubit A. Any amendments to the site plan which arc not in conformity with City codes will letpiire further Planning Commission and City Council review. 2. Hardcover in the 0-75 ’ zone shall not increase above the level of 12.(>%. Hardcover in the 75-250 ’ zone shall be limited to 4,820 s.f. or 33% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicants are advised that any future reipicsts to increase hardcover or change the natuic of existiiig/appioved hardcover .shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. Applicants shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. 4. Required removals of structure and hardcover shall be completed by tlic final inspection. 5.Authorities granted by this rc.solution luii with the pioperty not with the applicants, but are penuissivc only and must be exercised by obtaining a building peiiiiit for the new construction within one year of the date of Council approval, or the variance will expire on that date (December 1 3, 2003). Page 3 of 5 6. Violation of or non-compliancc with any of the tenns and conditions of tliis resolution shall constitute a violation of the zoning code, shall automatically tenninate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undcrsigneit 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, heicby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 13"’ day of December, 2004. ATTEST; Linda S. Vcc, City Clerk Barbara A. Peterson, Mayor Property Owncr(s) S l A I E OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 13"' day of December, 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal coiporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 5 STATH OF MINMESOTA COUNTY OF HKNNEPIN Tl»c foregoing instrument was acknowledged before me on this_day of _______, 2004 by l.inda S. Vcc, City Clerk of the City of Orono, a Minnesota municipal co-, ation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESO TA COUN TY OF HENNEPIN This instrument was acknowledged before me this by William R. Rouse, husband of Anita M. Rouse. day of . 2001 Notary Public S i ATE OF MINNESO TA COUNTY OF IIENNI'PIN This instiuinent was ;uknowledgcd bcfoie me this by Anita M. Rouse, wife of William R. Rouse. dav of . 2004 Notary Public Pace 5 of 5 cxHi^ir^ CERTIFICATE OF SURVEY FOR WILLIAM R. ROUS OF TRACT A. R.L.S. NO. H20 HENNEPIN COUNTY. MINNESOTA Co• Ao ■ A'o• 19 A.7C* > 4 -0-7S'«i7.6%or»«l'rr .7S'-7i0 ‘ « 31% Of <t|Bi0_» 0 7S*->flffmovdl of 5 • f londocope piaM c & 26 i f wood bordi*f» Memovol of 4W> t f conrmto bAl^npn 75* 250 ’ > buildings. 410 t f i.indscape plastic 108 s f ^ood bordofo A rorv w.iVs, ^ f.,»fTToval of podtons of thd dr vrwdy fo m.iVe up thn j diffcrenco AihUn n i>f oppm*im3ti^fy 200 ! %f of %ttfppinij ifij/ws fo fvptm 0 thP CQfKfi*tv fittf^'.ovn hwhfingi if<ACT 0 iCCAi Ofscwpl»OM or LAKE IickI a 5t#¥#y No 1420. Uf 0» of tilltl. »•#•»*•»>•« County MINNETONKA WKST AHM 0 dtnout •»0« lK>ai) ati'OlOt 9pOt 0l0.o1.O»N «•<! ^.*1 %990%% 010 botod \p^ on doturr ThAt r-^vov •HO-. 1^0 of silrr: npuir IWMM no lAC. n*it ■ ■ -•• - —■ ■' — *~'1 1^1 II ■ ....... UHmrW 0.CJRtJNUCHU AND ASSamATES. INC. CONOULTIMO CNCtiNliW3. LANO ■UMVtVON*. ANO »»Tt Ml ANNf«» ««|NONtMM«AOWON lOHOLAHl ON MH» »trnm m JnO- *y A»o.l ^ tirvoyoa !►« ••• •* A# §!••• %»nA#«*IO li'M :>«*•..? WAtJ 1-20 • >■ C4 04 !N4 CITY OF ORONO 2750 Kelley Parkway PO Box 66 Crystal Bay, MN 55323 952.249.4600 ZONING FILE 04-3066 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: November 19, 2004 TO: William & Anita Rouse 16220 48"’AveN Plymouth, MN 55446 COPIES: TYPE OF REQUEST: Variance DATE OF MEETING: November IS, 2004 Planning Commission recommended as follows: Approval of the side yard setback and lake setback variances in conjunction with a hardcover reduction amounting in 12.6% within the 0-75’ zone and 33% within the 75’ - 250’ zone. VOTE:7 FOR 0 AGAINST Applicant’s next scheduled meeting is confirmed as: City Council - December 13, 2004 - Meeting starts at 7:00 pm If you desire certified copies of the official Planning Commission minutes, they are 1 ■' r FILE ^^04-3066 8 November 2004 Page 1 of 4 Date Application Received: 10 19*04 Dale Application Considered as Complete: 11-05-04 60-Day Review Peri • J Expires: 01-05-05 lo:Chair Rahn and Planning Commission Members Ron Moorse, City Administrator From: Dale: Subject: Melanie Curtis. City Planner November 8, 2004 r.l 04-3066. William & Anita Rouse, 4051 Highwood Road. - Variance request - public hearing Zoning District: Lot Area: Lot Width: LK-IU, One Family Lakcsliorc Residential, I acrc/140* 22.215 s.f.( 0.5 acre) 90 ’@011WL/95 ’ @75’ Application Summary: The applicant is requesting the following: 1. Side setback variance in order to reorient the roof of the house and the garage within the 10’ side setback; and 2. A lake setback variance in order to add a second-story over a portion of the existing home within 75’ of the OHWI,. Staff Recommendation: Planning Department Staff recommends approval of the side setback and the lake setback variances as requested in conjunction with removal of hardcover within the 0-75’ and 75’-250’ setback zones as the Plaiming Commission dee.ms appropriate. Hardship: The location of the exist infi home and i^arogc with respect to the 10 ’ side and 75 ' lake setbacks. Periiiicnt Zoning Ordinance Sections See. 78-330. Area, height, lot width and yard requirements. (a) llciyht No structure or building in an LR-1B district shall exceed 2 1/2 stories or 30 feet in height. icept as provided in section 78-1366. (b) l.ots. fhe following minimum requirements shall be obser\ etl; Lot Area (acre) Lot Width (leei) I'ronl Yard (l«^ci) Side Yard Adjacent lo Another 1 ot (feet) Rear Yard (feetj Side Yard Adjacent to Street (feet) 1 140 .15 to 30 35 I FILE #04-3066 8 November 2004 Page 2 of 4 List of Exhibits A. Application B. Hardship Documentation Form C. Existing & Proposed Survey/Site Plan D. Proposed Plans and Elevations E. Submitted Hardcover Calculations F. Aerial Photo Illustrating Average Lakeshore Setback G. Structural Analysis by Instant Testing Co dated 11-05-04 H. Resolution No. 4795 I. Permit Record List from Property Street File J. Hardcover reduction proposal from applicant K. Property Owners List L. Plat Map Background Bill and Anita Rouse are the current property owners at 4051 Highwood Road. They are proposing to add a second story over a portion of the existing home, and reorient and raise the roof of the home and raise the roof of the garage to match the renovation. Due to the location of the home and detached garage with respect to the side lot line, variances are required in order to increase the building envelopes within the substandard setback. Additionally, the shoreline has eroded since the home was initially constructed resulting in the home now encroaching into the 75 ’ lake setback. In 2002, a Resolution (Exhibit G) was passed to grant approval for the owners of 4051 Highwood Road to use and maintain a portion of the platted alley for driveway access to a garage located on their property as long as the garage and home remain on the property and the garage doors remain oriented toward the alley. LOT ANALYSIS WORSHEET Lot ArcaAVidth: Setbacks: LR-IB Lot Area Lot Width Required 43,560(1.0 acre)140 ’ Actual 22,215 s.f. (0.50 acre)90 ’ @ OHWL 95 ’ (<? 75 ’ LR-IB Required Existing Proposed Rear 30 ’18.6 ’No Change West Side 10 ’ 9.3 ’ (garage) 4.3’ (house) 21.7’ (guest house) No Change Last Side 10 ’ 70 ’± (garage) 24.8 ’ (house) 11.7’ (guest house) No Change Lakeshore 75 ’70 ’± (house) 55 ’± (deck)No Change Average L akeshore Meets the a\crage lakeshore setback. FILE «04.30€6 6 Novemcer 2C01 Pjge 3 of 4 Structural Coveraue: Total Lot Area Total Structural Coverage 22,215 s.f (0.50 acre)Allowed: Proposed: 3,332 s.f (13%) 3,441 s.f (15.4%) Ilarilcovvr r»Iciilulimis: Hardcover /one 0 - 75 75 - 250 Total Area in Zone 7,610 s.f. 1^1,605 s.f. Allowed llnrdco\er Osf (Oli) .1,651 s.f. Kxislin;' Hardcover 989 s.f.* (12.9%) 5,317 s.f.* (36.4 %) I*roposc<l Hardcover 989 s.f. (12.9%) 5,317 s.f (36.4 %) * Aficr exclusion of fabric or pla.slic-lincd landscape beds Lake Setback Variance I I'.c current Ironic was constructed to meet the 75' setback from the lake. The deck was originally constructed to encro.rch 14’ into the lake setback. Since that time there have been ,additioiis to the home and the deck. Additionally, the shoreline has eroueil significantly icsulting in the home encroaching on the 75 ’ setback where it was once conlorming Side Yard .Setback Variance Although the vvestein property line abuts .in alley, the wc.stcrn lot line of this property has historically been reviewctl as a side lot line rather than a side street lot line. 1 herefore, in order to reorient and raise the roof of the home aiul raise the roof of the garage to match the new 2'"’ story addition, a variance to the side yard setback of 10’ is required. Hardship .Statement Applicant has com|)leted the Hardship Documentation i'oim attached as hxhibit B. and aliould be asked for additional testimony regarding the application. Hardship .Analysis In amslitcring nppth atlons /or variance, the Viannliif ’ Comnihslon shall consUer the effect of the propou ’il varionee upon the health, safety anti welfare of the eononnnity, existinfi ami antieipateil traffic coiuliiioits, li^hl tnut air, ttanf»t*r oj jire, risk to the ptthlic %ajct\\ atu! the ejject toi vaittes of property in the surroiintiinf^ area. I he l'laiitiiii\* i 'ommiwion shall consitler reeontmenilin^ approval Jor variances Jroni the literal ptovisions oj the Zoning i ode in instances tvhere their strict enforcement would cause undue hardship because of circiinistaiices unique to the individual property under consideration, and shall reconiniend approval only when it is denionslrated that such actions will he in keeping with the spirit and intent of the Orono /on hi}* Code. Staff linds that due to the location of the home and garage and the erosion of the sluMcline there may be hardships to justily granting side setback and hike .setKick variances in order for the applicants to construct additions to the existing home and garage. •Vs M T FILE #04-3066 8 November 2004 Page 4 of 4 In addition, there is a significantly high amount of hardcover within the 0-75’ and 75 ’ - 250' setback zones. The applicant has proposed to remove the wood and rock borders, all of the plastic landscape liner, and replace the concrete between the garage and the home with stepping stones which will result in a reduction of approximately 2.6% or 792 s.f. within the 75 ’-250’ setback and 31 s.f. within the 75 ’ setback (Exhibit J). Issues for Consideration 1. The Planning Commission should discuss whether or not any hardcover could be removed in conjunction with granting variances for this property. 2. Are there any other issues or concerns with this application? Staff Recommendation Planning Staff recommends approval of the setback variances as requested in conjunction with hardcover removals in both the 0-75’ and 75 ’-250’ setback zones. City of Orono Variance Application :/oo street Address 2750 Kelioy Parkway Orono. MN 55356 Main 952-249-4600 fax; 952-249-4616 Moiling Address P O. Box 66 Crystal Bay. MN 55323-0066 Application it# (Jf-f ~ ^0^' Date Receivec. / 0 (1 /' w Amount Paid stall JArStutZLi- Fee; _56qo ____________ Rcncv/al S300 After-the-fact. 51.200 Double Fee This application form must be completed in full. App .cant v/ill be notified within 15 days as to the status of the application. Incomploto applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: Site Addtess;___.V Property Identification Number (PIN); (Attach legal description to application if not included on the survey.) Date Property Acquired (month/year); □ Yes, I own the adjacent parcels. Present use of property; U Residential □ Other_______________________________________ Zoning District; ______________ applicant INFORMATION; (Complete letjal na.~£s and marital status required for each Interested party) Name; ______\>nv:a«v ______( _________________________ Phone (home); -tOi ___________Phone (work); ____ Address;_s^- ............................... Fmnil;__o lvc <■ AY \ \ co»- s *__________ Pax; _________________ ___ OWNER INFORMATION; (Complete toga! names 8'd marital status required for each interested parly) Name; VO AV.f.> v r v o(' r-v.■ <«.V\_________________________________ Phono (home); vort-m Address; V to•;>c «^t VO. ^V F.mail; \ .t.o- >v.____________ DESCRIPTION OF REQUEST; ____Phone (work); C-u Aa a s V 'T'xtU •l. V STC__________ Fax; Estimated Project Cost: $ I V0)^o<~ c Describe the request in detail (attach additional sheets if necessary); V). _ w^r AcX Va .- \..- A i . . t . . V. At ...v«*A<-Vvi Voc'j •'s A (\v f __r^i s > ^'u<w£Os:N5UAhi;.ui>——r-' ■^ ^ V.. t .w. ___cvyy.^-*wr-.vcVA^.J\P£i_5.-‘y*AUju —--a:ji-.uSiiS>.. ____\ y.J|( ts.*-. CV>-tL. «V LV V U X \ JO.- AVo v.fV v-» ^ yv-i:- ^ WAt; tS S-AL - <e».\ N'Fvfc. \i-oc eV VSv_V^^ ..,s.._. Vftn»-A>.rL’‘'-V__.r.'esiV_SJ.\-..SV:.S— I Uj<.. A.V \A«-C \o Vc. iA_U.- _____. Vs*. sJ*‘iS**'** ^r.'V \Ar^v- Vw.4.-.v-_ \s y-vM. .1 ^_<y.N.\w *^^*~***-^** t c Ai c» * ‘ ., 3 V '^r.F.r ;» 1*^*^ VAJuV ■s»«.y*-. V\ t -.V v-V-» Wc, vVtVW ^ V ‘ V^^-c. ^ Wo \v* V i£ ,0- f* ''V *. •- • * # REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your, applicatic ^ to be processed. □□□ □□ □□ Pre-Application Meeting Form, completed by a City Planner. Completed Application Form Completed Flardship Documentation Form Certified Property Owners List — owners within 150' of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department of Finance, Government Center, A-603 300 South 6^'’ Street, Minneapolis, telephone 612-348-5910 Original Certificate of Survey (signed by a licensed surveyor), meeting all the requirements listed within this packet, including hardcover calculations. Also provide one copy 8.5" x 11" or 11” X 17" for reproduction. Completed hardcover calculation worksheets (as provided within the variance packet). Topographic survey - including existing and proposed elevations. Provide one copy 8.5" x 11" or 11" X 17" for reproduction. Sketches or plans of floor and elevation views (provide one copy 8.5" x 11" or 11" x 17"). Additional items may be requested by City Staff depending on tho 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 paymen t) 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 tho request for denial of tho request regardless of its potential merit. Applicant's Signature. /c? Applicant's Signature:__________________ Date: Date: OWNER’S ACKNOWLEDGEMENT: The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents. Commission & Council Members for purposes of investigation and verification of this request. Owner's Signature; Owner's Signature; t"i2 /L-Date; Date; Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are normally held on the third Monday of each month. Applicants must be present at all scheduled review meetings of tho Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant and advise the City Planner assigned to your project. ,r> .V -T } y ;? u**. L U * / i ,••s *-.V ©<.Hl6.l1 & Page I of 3 HARDSHIP DOCUMENTATION FORM Thi-. form is a required submittal for ALL variance applications. An application will nui 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 liarclship he 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 v 'id hardships In order for an application to be fieard by the Planning Commission and City Council a hardship havi.ng merit must be demonstrated. HOW DO I PROVE A HARDSHIP? This form lias 12 points outlining the basis City staff uses to determine if a hardship exists and how the variance will affect Itie surrounding community. To prove a hardship, ruldrcss all the relevant points listrrd below and answer them as clearly as possible. Since you are requesting the code exception, you have the bunion of proving that the variance is justified. I lie inforin.ation the City rei'.oivos is what is used in deteniiining a denial oi approval recommendatiun If you leave something out it will not bo considered Please address each of those hardship criteria as they rehat.? to ttu^ request (‘.onu may not apply); 1."The propelly in question cannot bo put to a reasonable use if used under conditions allowed by the official controls." SSv.VvN....v “Tlie plight of the landowner is due to circumstances unique to his propeity nut cie.atod by the landov^ner i. V «.VVvvi^^V. A^V.V. v\ Vm-\S .• VfW._iLV\.-'-..i- C i. ' VV-*- O- V^-l V'U W.VIS.. V* * p\ \v._ V.CCa-4b «U.' Ve.*'- AV v '.'-.’IA' 3." I ho variance, if granted, will not alter the essential character of the locality." _-.\S wJi'.-.A.....................................‘A • • • A' < '' AA‘-. *S.*j;?.'.As.V-v..k.-WS.. -Vx-'v-A."! Trsjviss*. , \s . S', a ...*\ s/.> A* ^. __ ____ "Economic considerations alone shall not constitute an undue h.iidstnp if reasonable use for the property exists under the terms of the Zoning Chapter." ‘r -'S**Nv. o .tA,.V.\^ ^.V___ ........................................................................................................ Page 2 of 3W "Undue hardship also includes, but is not limited to, inadequate acce s to direct sunlight for solar energy systems. Variances shall be granted for eartt. sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter." ~~Vvs<: ^ ^__uV “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 /one v.here the affected person's land is located." ■ V\ V v;here Iho attccied person s lana is locaioa. ___\ V^l A-V:. i-_. 1^'. ±1^—! 7."The Board or Council may permit as a variance the temporary use of n one-family dwelling as a two-family dwelling." V fs*>. ^ __—S:;. _______vv.^< «V «-y<^ «v f w.Tf - ^ ,s,^A ___________________________ 8.“The special conditions applying to the structure or l.ind in question are peculiar to such property or immediately adjoining property " V___\ Vf-i-, tv n- » A __ ■ AVk-i t ^ __, \a >A>. •*-*. ..^ L«vW*«V.^'*v;>-jV\h, Vo.\ <»vva«.vV «v *^»'v<At or>V>.''»^ ^ Wu <■%' to \.f, V*. '.V'-.v-v *V'% ' ‘•'I ^-.V.-L^v.^ < ••.. “The conditions do not appily generally to other land or stiuctiiies in the district in which said land is located S_ ____Vv- v.....-., yv «w ? vv ^ ^ ^ * V «>V. * ^^•*” * *'■ yA****\< ^^*~* *'*., Vv<* V rVit Li V. '____V" V* 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.'cipU^ClIll. UUl I --------------------------- C.K<^cV^«C Ki. .suS^cA ^ ‘ O - ^Sc Vw4jSit\ V;o V.v« ¥.s.*wiV:. ^r j-cvw<* VO n*. ^ CVS V-V.A-V \o.- V'^.^ ^o. \..,..V. *A.t4 K. ^ •■ A f \ t>-v_ 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): . .ro i \ \ * i i ________V cvV- ^ V' V ^ f ^ \^■N^w A*A\‘* ■ .>A«v»,^>^„.w.r.j>Vw*i i*.rtA*»il.*iw\ —•'' ' * I A. A ^ ^ V a » . V/WA. .».* *iA\ c jA- A ca .^U sj:_ A v. f'S. A _ t .LidAAxA»----A----A.----------------------;--------------- r- ..»«* A V ^2.__?WV A--------^ \s^A^V_JLLiWvu:^jLli\^ i.A h v >SK — AV’. V>■■ v ^ \V a \.<^ -v -W 't\ .rAxiiiiii —ASi:- A‘‘A <L ! 1 V •sVo-i>'»'.^ ‘s.'t.V\ft»v.<.V. ^■'>'-i'“^ V'^'c. C-?rti-icat« of Srnn'-i/ rov Orvi Ll-v Oviros Cl Tv;ic;t •lli£'(:i'.-t,..uv.d l^nd cU’-^/oy Ur . l/.ro . r*i»i itiV f T '••. iro* y r-'rtjr.v ■t' lst thit: I'j •; '..n!ii , :'J com ot .'•‘i; ro.';cr.t.«ticn of •. survey cf Uie bevw.d. rii::. of Vrvc-t A, ;v. ir.t. r- c lyiv.^ :i’. -.-\oy ir. \i.'S , ;'; i.:: of iv.-ri ^ tv ir of Ti.tlo! , C-^troy o' Ueruvr-ln, and U;c tiovi ol’ >l.i e;;i c ti'll', b'.il iot. t.boiuoi . TV cire;- not, pvr.'.ci't :l.ow ..aS r. r I•• ;.rcve- /V* :i;opVc cir ■lUCt•?'.:» hi ''it r . 1 k- I'n liOKDOH R. CC'FIH CO., liT. ^___________ Gordon "■V. CofiMr. . C Vj4 Mi r K G. 0 1'C r, l/.r r K R • • i'. f\ 7 f* ^ L'iJid G'lU’voycrri .'.nd ■.•1 ir iu.im Li’i£'.‘, Kinn-isrtT I" - 40' . Iron "Larkor. 'j VV93 it| cxm&ir V ewi^irt> 0 5 '‘1^ _ ^ ........................ msp^ir^ iT*^‘ * IrmM •*: ? / \-I \iZ / »‘. ..«. 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Is Nov. 5. 2004 12:33PM Anchor Block NSP UP No. 4055 P. 1 To;Melanie CurtU CHy Planner City Of Orono From: Bill Rouse Fax#9S2-2494616 Phone# 612-812-2085 Subject: 4051 Highwood Road Property Engineering Report Pages: Melanie, As you suggested in your 10/28/04 e-mail, we had an engineer evaluate the home’s foundation to assure that it will support the weight of the proposed 2'“' story on the property. This testing Firm worked with one of the builders who is looldng at doing some of the work for us. The attached report is similar to the verbal comments that we have had from other people. Please let me know If there is anything else that you need from me at this time. Thanks for your help on this. Bill Ronse 'I J Nov. 5. 2004 12:33FM Anchor Block NSP UP 2004 11/05 11:23 FAX 0906883 INSTANT TESTING/ALLIED No. 4055 ?. 2 2i00i Q/O INSTANT TESTING COMPANY 4000 JJBAU D'RUP t)RtVF. • EAGA'.’f. MN 55111 FtlONE; 651-454.35U • FAX: 65I.4.M-IR25 'Tl ANNIVERSARY 1998 November 5, 2004 * Mr. Porry Hardel 4080 Grainuood Clrole Prior Lake< Minnesota 55272 • Otf ^r|Qa8 QUIOK ftc »7 t:iar Ke: 4051 Uighweod Road (Bill Anita Rouse Residence) Orono, Hennepin County, Minnesota As requested, a site visit was conducted on November 3, 2004 at 12:15 P.M. to evaluate subgrsile soils and structural aspects of a existing realdonco, for a proponed .remodeling project. A building plan prepared by custom Design 8 Drafting, Inc. dated October 1, 2004 was conveyed to us prior to the. inijpection. The.existing resldenoe, located on a lakeabore lot, occupies a "L" shaped foot print and consrists oi a original aeetion in the west and a east addition completed in later years. Access to view aupportino components of the residence was provided through a Interior crawl space opening, a small access door on the west aide and a vant ^rate in the east. Although the viewing area was limited/ some aspects of the structure!, components, per foundation plate 4/Al of the building plan wore noted. Observations made through the west aooess door, nsar tbs NW corner of the structure, provided a ..imiled. vigw of the west foundation wall. The foundation in this urea was comprised of non-uniform components consisting of solid masonry brloks and conerste blocks forming a wall of undotermine:! width. Floor joist configuration appeered to be of 2” x 6" at ;’.4” O.C., with the 1st joist parallel to the foundation, supported by concrete blocks. No determination could be made on existing easi./west beams or other piers and looting* providing support. The east addition indicated 2’* x 12" floor joists at l$" O.c. and u central eeat/west laminated beam, no piers or footings for the beau were noted in viewed area. Based on measurements taken through th» east ventilation grate we, would assume a 8" oonorete block foundation for tho newer addition. Baaed on the Uennepin County -^urfical geology map, soils within the area are classified as DTC - clayey till, fine loamy to clayey colluvium. These naturul occurring aubgrada soils are normally considered acceptabl •: for construction. To evaluate the relative bearing capacity ot the soils below the structure, a dynamic cone penetrometer test was conducted within the interior orawl space on the soils at f:totlng elevation. The dynamic cone Mov. 5. ?004 12:33PM Anchor Bloch NSP UP 2004 11/05 11:23 PAX 0905863 INSTAWT TBSTING/Al.UED No. 4055 P. 312002 q^Q pmetrometer (DCP)« us«s • siuhit Xilogram (17.6 potmd) ha^cr to driv* ■ 20 mllllmater diamelci: conioal point into the soil# with the penetration recorded In mllllfAatars per blow. From the DCP readings# a per blow, penatrotlon average was recorded and a N-value derived. This N*-value# is ar empirical relationship we have established to eguata the dyr.amlo cone data to the more iamiliar blows per foot (BPP) etandarc. penetration soil boring test. Dynamic Cona Penetrometer Test DCP Depth per Blow P. vo. / H-V^^uo mated _h.g.a,d 556 (13.2”) 16.5 MM / N-21 7000 PSP Exterior and interior observations of the residence indioatad no apparent structural stress ba.sed on soil strength or elements of the existing foundation or svpporting structural m^ers. While some of the components# per plan 4/Xl oould be verified, many details suoh as beam dimensicis and supporting piers could not be fully addreoeed during this i-.«pection. Although the original (west section) is expected to cerry less loading for the now construction, some section.^ of the foundation may lack uniform capacity and the etruotural components appear to be less substantial then those observed within the newer eas: addition. We would therefore anticipate the installation oC additional floor joists and supports, as already recommended by the contractor. In our opinion, based on the >xfocesventionad tast and observations, the subgrade aolls below tho residence would he expected to moot or exceed the loadbaaring ragulrements for the proposed construction. Uo would however anticipate tlia addition of some etruotural alaments, primarily within thi vast section of the residence, as part of the naw oonatructlon. Also, we would recommend a review by a structural engineer as part ot the overall construction plan. Sinoarely, Instant Tooting company Gary SVandlsh Senior Bnginaarint/Xnapector CC: Perry (Fax: 652-473-3396) #701 - 1 / 1605 - 2 / #306 (1) DCP / #612 - 53 •r I •VH#CITY of ORONO RESOLUTION OF THE CITY COUNCIL A RESOLUTION GRANTING PERMISSION FOR A DRIVEWAY ON A PLATTED ALLEY IN THE HIGHWOOD LAKE MINNETONKA PLAT WHEREaS, Alexander G.. Vongries and Edith A. Vongries as trustees of the Alexander G. Vongries Trust, an undivided '/a interest in and to Tract A, Registered Land Survey No. 1420 County of Hennepin; and Edith A. Vongries and Alexander G. Vongries as trustees of the Edith A. Vongries Trust, an undivided Vt interest in and to Tract A, Registered Land Surx'ey No. 1420 County of Hennepin, (hereinafter "the applicants") are owners of the property located at 4051 Highvvood Road within the City of Orono and legally described as follows: Tract A, Registered Land Survey No. 1420 (hereinafter “the subject property ”) WHEREAS, the applicants have requested permission from the City of Orono to continue the use of an existing driveway located on a 20 foot wide platted public alley that is located between 4051 Highwood Road and 4075 Highwood Road in the Highwood Lake Minnetonka Plat. Minnesota: 1. 2. 3. 4. NOW, THEREFORE, RE IT RESOLW.D by the City Council of Orono, FINDINGS The Highwood Lake Minnetonka Plat was established in 1917 and the streets and alleys in the plat were dedicated for public use forever. The subject property is adjacent to a 20 foot wide platted alley in the Highwood Lake Minnet ’>itka plat. The residence on the subject property was constructed sometime prior tol970 with a single car garage that had driveway access from Highwood Road. Since this time, there have been several building pemiits issued for renovation and remodeling of the residence. On October 21,1983, the City of Orono issued building permit number 5152 for removal of the existing single car garage and construction of a new three car garage. The survey with the building permit shows the garage doors facing the platted alley with a 10-foot setback from the property line to the front of the garage. Page 1 of 5 r ORONO F THE CITY COUNCIL -----4-T^ 5SION ALLEY )NKA PLAT A. Vongries as trustees of the ract A, Registered Land Survey der G. Vongries as trustees of the A, Registered Land Sur\'ey No. rs of the property located at 4051 as follows: Tract A, Registered ission from the City of Orono to platted public alley that is located fighwood Lake Minnetonka Plat. by the City Council of Orono, ished in 1917 and the streets and >rcver. )lattcd alley in the Highwood Lake ucted sometime prior to 1970 with 1 Highwcod Road. Since this time, If renovation and remodeling of the luilding permit number 5152 for nstruction of a new three car hows the garage doors facing the pertv' line to the front of the garage. • • • I •I !/ o. o\ ^// ll\WtW>SV'' ^// CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 7 9® ;•j STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 20 __, Alexander G. Vongries and Edith A. Vongries. Tpjstees of the Edith A. Vongries Trust, personally appeared before me, ____ who is personally known to me ____ whose identity 1 proved on the basis of ___________________ ____ whose identity 1 proved on the oath/affirmation _________________, a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/hcr/their free act and deed. Notary Public Page 5 of 5 J F //A, - V '•^.'r'''j ‘•'. .\ O' /' A// r* CITY of ORONO Municipal Offices Street Address: 2750 Kelley Parkway Orono, MN 55356 Mailing Address: P.O. Bax 66 Crystal Bay. MN 55323 0066 March 28, 2002 Alex & Edith Vongries 4051 Highwood Road Mound MN 55364 Dear Mr. & Mrs. Vongries; We have reviewed the situation regarding the location ol your garage and associated driveway. A portion of your driveway is located on the 20’ wide platted alley adjacent to your property line. Building permit number 51 52 was issued on, October 21 , 1983, by the City of Orono for the construction of a new 32' x 24' detached garage and demolition of the existing garage. A copy of the building permit and associated survey arc attached to this letter. The approved property line setbacks for this garage, arc 20' from the front lot line, and 10 ’ from the side lot line. The survey shows the garage doors facing the platted alley. The location of the garage doors 10 ‘ from the edge of the alley definitively shows that a portion of the driveway needs to be located on the alley to provide access to the garage. Approval of the building permit clearly intended to allow construction of a portion of the driveway on the City alley. This is an appropriate, and typical, situation as this alley was platted to provide access. This is no different from driveways acro.ss platted street right of ways to allow driveway access to the City street pavement. Thank you for your assistance in this matter. Please contact me at 952-249-4621 should you have any questions. Sincerely; Gregory A. Gappa Director of Public Services t Telephone (952) 249-4600 • Fax (952) 2494616 wwwxia>rono.mn.us Mm•«s t CITY ©f ©MONO Building Permit AMD APPLICATION FOR CERTIFICATE OF OCCUPANCY P.O. BOX 65. CRYSTAL BAY, MN 55323 473-7357 / ------------------SITE ADDRESS i?±cVlOc/ __________________ «r.ANn -//T rs. ^ ZONING DISTRICT SITt AUUrtc:>:»—■ — ------- —^ legal DESCRIPTION: PROP. \0 ^CJIZJZJJlz^----- ,r,T __________block ________________SUBOIVISipjli ARCHITECT/ENGINEER - Certify MuUi Family, Comme-cial £t Induitfit Corntruct on lans :ERT NO. “(Address) permi T'K? I 51521 DATE ISSUED .,//?-* ~..^3. EXPIRES-------------------------------— Ad. !l 'Address) l?^o^e) y?Z L-©sr.Ci Lft*jPi».>» 2.2C1 (Phone I (Phone) C/7P . Renovate EST. CONST, valuation ^ o c. PERMIT FEES BLOG. PERMIT ^ STATE FEE PLAN REVIEW .21. oo PENALTY ttTrSsc PJ'eltM.'t TAOeK^Cg C c SAC CHARGE OTALDUE ^j -J INSPECTION REQUIRED • ■ « .J ' ‘.‘/■. 1 FOOTING bflo't pour FRAMING rough ir^ INSULATION WALLBOARD Bf»o # Taping WORK REQUIRING SEPARATE PERMITS Plumbing f Pi •- V,' V *. • FINAL be'orf CwCuoa -rv mechanical VSFLL _ y . r • . V»' «« V* WORK BEYOND OR WITHOUT A RE- QUIRFO INSPECTION WILL BE SUB JECT TO penalty . INSPECTION HOURS 473 73S7 calls • I? a M INSP. 1 • 4 P M. CALL 1 • < P M INS?. NEXT OAY SEPTIC SEWER WATER grading & T iLL'Nu .. Mi electrical ♦rom Slltf ACKNOWLEDGEMENT THE UNDERSIGNED HEREBY REQlESTS PERMISSION TO VA»c THE REAL iVPROVEMc NTS SPECIPISD. AND OECLAAI UNDER penalty OF LAW ACNNOWLEOCEVENT AND ACCEP ANCE OP all information . CONDITIONS ANO RcQUiR VENTS REPRESENTED ON THIS DOCUMENT THE UNOEF SIGNED FURTHER AGREES TO DO ALL WORKS IN STRICT CO PLIANCE with all City of ORCNO ordinances ANO STA OF WlNNESCTi^L'^iNG CODE REQU'REVrNTS CQPV*white-file: canary -inspector Di»i* .a^scsSOR GREEN-FINANCS gold -receipt y£:i^jL c,:. «< a. 1 ^ost MICROFILMED Page 1 of 1 0^Hierr J Melanie Curtis From: Rou8er123@aolcom Sent: Tuesday, November 09,2004 4 35 PM To: Melanie Curtis Cc: Rouser123®aolcom Subject: 4051 Highwood Property Melanie, After talking with you on the telephone today, I wont back and reviewed the survey and hardcover calculations Hopefully you were able to go out and look at the property today, and have a better idea of some of the things that wo discussed Here are the changes that t believe should be made with the hardcover on this property, which could be some substantial reductions 0* - 75' Setback Zone • Remove tho landscape underlain by plastic (5 sq. ft.) and the wood borders (26 sq ft). This would be a total reduction of 31 sq, ft. This would reduce the total hardcover in this zone from 994 sq ft, to 963 sq. ft,, which would give us 12 65% hardcover vs, 13 06% 75* - 250' Setback Zone - Remove the concrete between buildings (466 sq It), remove liie landscape underlain by plastic (416 sq ft), and remove the wood borders and rock border (108 sq, ft) This would bo a total removal of 992 sq ft I would then add back in a walkway between tho driveway, frouse, garage and wood walk using some type of steppirrg stones, I would estimate tins add back to be no mote than 200 sq ft. In total, the net reduction would bo 702 sq ft. This would red ice tho total hardcover in this zone from 5.735 sq ft to 4.943 sq ft. which would give us 33 84% hardcover vs 39 27% Hopefully as you look on the survey and the hardcover calculation worksheet, my terminology above will make some sense If you have any othur questions, or need more information from mo, please contact mo t will bo out of my office until 1 hursday afternoon, but you can always roach me on my cell phone,' Thanks. Melanie. Hill Rouse 11/IO./2004 M RUN DATE: lOCWDW .18 07II72M40005 PROPADDR 4017 NORTH SHORE OR OWNER NAME PREOERICIt A JOHNSON TAXPAYER FRED A JOHNSON NAME/ADOR 4017 NORTH SHORE DR MOUND MN SS364 38 07M7234400 11 PROPADDR 4091 HIGHWOODRI) OWNER NAME F I, JOHNSON 8: D I.I OSS TAXPAYER I KEIJhRIC JOHNSON NAME/ADDR 4091 MICUWOOORD MOUND MN .">5364 38 0711723440064 PROP ADDR 4040 NORTH SHORE DR OWNER NAME TG DEGCENDORP ET Al. TAXPAYER TtMOTHY A LEANN DEGGINDORI NAME/ADDR 4040 NORTH SHORE DR MOUND MN 33364 38 0711723440077 PROPADDR 4041 NOR1II SHORE DK OWNER NAME D&S MCCURDY TAXPAYER dale J MCCURDY NAME/ADOR 4041 NORTH SHORE DR MOUND MN 3^364 38 07M 723440009 PROPADDR 407.4 HIGIIWOODRD OWNER NAME R S PROCHNOW i S B PROCHNOW TAXPAYER ROBERT S & SARAH B PROCHNOW NAME/ADDR 407.3 HIGHWOOD RD MOUND MN 35364 38 0711723440062 PROPADDR 4036 NORTH SHORE DR OWNER NAME NANCY I MACGIBBON ^y^j^p^YPR NANCY L MACGIBBON NAME/ADDR I I.MKHIMBERI.INE RO MINNETONKA MN 55305 38 0711723440003 PROPADDR 4044 NORTH SHORE DR OWNER NAME T G DEGCENDORP CT AL TAXPAYER TIMOTHY &. LLANN DCGGENDORF NAME/ADDR 4040 NORTH SHORE DR MOUND MN 33364 38 071I7234400S3 PROPADDR 4064 NORTH SHORL OR OWNER NAME DII PIlIPPS/J M OURIGEWITSCII TAXPAYER DANIEL II PHIPPS NAME/ADDR 41164 NOR IH SHORE DR MOUND MN 55354 HENMil'iM Oi'A I I rivi 'i i,i\ I $ ................. I'ROPf.RTYONWtRS LIST 38 0711723440010 PROPADDR 4079 HIGHWOODRO OWNER NAME JOHN T SANBORN ETAL TAXPAYER JTSANBORN NAME/ADDR 4079 HIGHWOOD RD MOUND MN 35354 38 0/11723440063 PROP ADDR 4014 NORTH SHORE DR OWNER NAME T C DEGGENOOHF ET AL TAXPAYER IIMOTIIV &. LEANN DEGGENUORF NAME/ADDR 4040 NORTH SHORE DR MOUND MN 53354 3S 0711723440076 PROPADDR 4051 HIGIIWOODRD OWNER NAME E A VONGRIES ET AL TRUSTEES WILLIAM R & ANITA M ROUSE NAME/ADDR '6220 48TH AVE N PLYMOUTH MN 55446 ■ •. )j %• •!' 3S 0711723440086 PROPADDR 4104 HIGIIWOODRD OWNER NAME GLEN & DEVERLY SAUER TAXPAYER glen & BEVERLY SAUER NAME/ADDR 4104 HIGHWOOD RD MOUND MN 533M ... • <' ‘if •• .r'x ■ .:] .. •• /• •• - ; U f I Cl K1IPI' TMATTin- FACTS KEPRCSEm LU ARE AN ACOJRATR AND TRUli RE PRESENTATION OF INFORMATION AS IT APPF jARSTHIS OF TllE HENNEPIN COUNTS' TAXPAYER SI:RVICES DEPARTML>IT^10^3h BY ^ - OFMY KNOWLEDGE AND HELIEI .^^^^ • 9 yy .BsHII!? ITJgi Hennepin Hennepin County Taxpayer Services Department r-* ^ * / Parcellnformation Parcel ID 0711723440076 House Number 4051 Street Name HIGHWOOD RD This Is not a legally recorded map. It represents a compilation of informadon and data from Oty, County, and State road authonties and other sources. Date Application Received: 10>20-04 Date Application Considered as Complete: 11 -5-04 60-Day Review Period Expires: 1-4-05 REQUEST FOR COUNCIL ACTION pni ••rcTINJG DEC \ i 2004 UIYUI- 0I-!C\0 Date: December 8, 2004 Item No. Department Approval: Name: Janice Gundlach^ Title: City Planner Administrator Approval:Agenda Section: Zoning Item Dcseription; t/04-3067, Dennis Walsh and Amanda Heien, 1354 Rest Point Circle Variance - 10-Year Snow Storage Agreement - Resolution Zoning District: Lot Area: Lot Width: LR - IB, One I'amily Lakeshorc Residential District (1 acre minimum) 0.72 acres (31,200 .s.f.) 124 feet (th shoreline; 121 feet @ 75’ setback List of Exhibits A - Resolution Incorporating the Requirement for a Snow Storage Agreement B - Council Action Notice 11-23-04 C - Snow Storage Agreement D - Agreement Incorporating Planning Staff Recommended Language E - Council Memo & Attachments dated 11-16-04 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 exi.sts and 29.9% was approved by variance in 1999. (7'he hardcover percentage is larger than what appears in the Planning Commission report and the 1999 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. No increase in hardcover is proposed). Planning Commission Recuninivndation The Planning Commission voted 7-0 to approve the hardcover variance request based on the staff recommendation (see November 16"’ Council Memo). Council Action of November 22"" On November 22"", the Council voted 5-0 to approve the requested variances and allow the entire gravel parking/snow storage area to remain, despite Planning staffs recommendation that this be removed based on the history of this site. After the applicant had left the building, the Council voted 5-0 to reconsider, and directed staff to attempt to obtain an easement for the snow storage area from the applicant. If the applicant was unwilling to grant an easement, he should appear before the Council on December 13,2004 for further discussion of the application. The item was then tabled on a vote of 5-0. Staff Recommendation The only outstanding stipulation of the staff recommendation noted in the Council Memo dated 11- 16-04 is item 3 regarding the amount of hardcover that should be permitted in the area that is used for snow storage. In response to the last meetings tabling on this matter, the applicant was approached by staff regarding dedication of an easement for snow storage over the gravel area extending beyond the platted right-of-way. The applicant stated that he is not interested in a formal easement agreement due to the legal burden that would be placed on his property. He has however, ofTered a 10 year agreement between himself and the City to permit snow storage. In exchange for and included within this agreement, the applicant would like the City to pave the area and replace the existing timber wall with a material that would withstand the action of plowing snow. Mr. Walsh has indicated the language of the draft agreement attached as Exhibit C is acceptable. Staff has the following concerns regarding this draft and the basic problems with an agreement, rather than a permanent easement: 1. The possible “giving up” of the 10’ existing beyond the paved roadway, regardless of the location of the platted right-of-way. City Code, Sections 18-1 (definition of “public road ”) and 82-2 (definition of “property line”), states that “where the traveled public roadways exist in a location not shown on the platting map, the right-of-way shall not be less than ten feet wide on each side of the actual paved or traveled roadway surfaec.” This piece of Code exists to accommodate snow storage in situations exactly as this. Staff is concerned that the mere establishment of a temporary agreement to allow snow storage over an area that the City Code considers by definition as part of the right-of-way, would weaken the City’s position that the first 10’ past the pavement is in fact City right-of-way. Further, the agreement gives a false perception of what is actually needed for snow storage, since the entire area covered under the agreement really isn’t needed for the purposes of storing snow. 2. During the November 22'"* Council meeting the applicant stated that the area is also used for guest parking along Rest Point Circle and also as a staging area when construction projects are occurring. However, the applicant was not comfortable including public use under the terms of the proposed 10-year agreement. This informal agreement for public use may be in Jeopardy should the property change hands witliin the 10-ycar time frame of the agreement. 3. Although the agreement applies to the heirs, legal representatives, successors and assigns of the owners (#3, pg. 1), there is a potential that future owners will be unaware of the agreement at the time of purchase and then not want to abide by the terms of the agreement. 4. Following expiration of tliis agreement the City would have to again undergo a process similiir to this, however, not have any variance application as a means for resolving the matter. 5. Because Council ’s intents in allowing the hardcover to remain are 1) snow storage and 2) neighborhood parking, if those uses are not specifically and formally established by an easement, and if the lO-year agreement is not be renewed, the hardcover should be ; .quired to be removed at that time. Staff is concerned about the willingness of this or a future owner to remove or allow the City to remove the hardcover at such time an agreement is no longer in effect. 6. Because the agreement is not an easement, the responsibility of maintenance of the area the City is agreeing to pave and the retaining wall should be clarified. Staff has drafted a revised agreement (Exhibit D) which will be presented to the applicant for consideration. COUNCIL ACTION REQUESTED If Council determines the draft agreement (attached as Exhibit C) is adequate adopt the attached Resolution granting a hardcover variance for 1354 Rest Point Circle. If the Council finds that the agreement as currently written is inadequate, possible options include: • incorporate additional terms to meet the Council intentions, per Exhibit D, • further pursue dedication of an easement, - require that the hardcover be removed and the City exercise the rights established under Sections 18*1 and 82-2, - abandon the request to obtain an easement and discuss what level of hardcover should be informally allowed, or • some other action • ■V m . . A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-1288 FILE NO. 04-3067 WHKRFIAS, Dciinis S. Walsh and Amanda L. Helen, husband and wife (hereinafter “the applicants") are the owners of the property located at 1354 Rest Point Circle within the City of Orono (hereinafter tire “City") and legally described as follows: Lot 11, “SUBDIVISION OF LOT 14, “KLST POINT PARK LAKE MINNETONKA" and Lot 13, “Rest Point Park, Hennepin County, Minnesota (hereinafter the “property"); and WHEREAS, the applicants have made up[)lication 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 the City Council of Orono, Mimicsota: FINDINGS I. This application was reviewed as Zoning File /^04-3067. 2.The property is located in the LR - 1B, One I'ainily Lakeshore Residential District, which requires a minimum lot area of one (1) acre. The applicant’s lot is 0.72 acres in atea 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. riic property received a variance in 1999, Resolution #4272, which permitted 29.9% hardcover in die 75’-250 ’ zone. Page 1 of 6 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). 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). e. The gravel area existing on the street side of the lot is used by the City for the purposes of snow storage. The City Council has considered this application including the findings and recommendation of the Plaiming Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variance on the health, safety and welfare of the community. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that grunting 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: 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 Planr’-g Commission and City Council review. 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 cxisting/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. Applicant shall remove all plastic or fabric liner material from the decorative landscape beds (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 the 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 structure 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 pemiitted. 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. The applicants shall enter into an agreement with the City which would allow the City to use the gravel area existing on the street side of the lot for the purposes of snow storage and overflow neighborhood parking. If at any time the terms of the agreement are not being met or the agreement has expired, the applicants shall remove and/or give the City the permission to remove the hardcover comprising this gravel area, as depicted on attached Exhibit A. Page 3 of 6 N*w» •• 9. 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). 10. 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. Il.Tlie undersigned applicants have read, understand and hereby agree to the terms of this resolution and on behalf of (he applicants and the applicants ’ heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 22"“ day of November, 2004. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner(s) •* >4* Page 4 of 6 dbrnu f * >• * * 1 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 day ofThe foregoing instrument was acknowledged before me on this , 2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 5 of 6 State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this by Dennis S. Walsh, husband of Amanda L. Heien. day of ,2004 Notary Public State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this by Amanda L. Heien, wife of Dennis S. Walsh. day of ., 2004 Notary I'ublic Page 6 of 6 r LOT Hi SUBD OF LO' rest point pari HENHCPIH county , MlNIf > \ / ( t9t« MTIOO / QI^AMZ U • AftEA ft F ■ t *.NDW ilWXil V I hi AODmoi^, Au- WOOpOflP AftGAS . SHAUO 6E P£- y/ga^BTAXEv v/) ■fiftASi eft, THG. pAftJC? j^MOVeD TOtT^SURG” ITS fCp.MeABU'TY' •• /•/* • •• •. ^5 •- :-n •I • i • • • # ■ 0i^ I •• < •V . \ \ \ APPROVeO HARDCOVER 73’25(r2on« — >HouM • 3643 i f. NoftliWanc«1S6 t.r. OrivMrty « 6331 f. Rock (oMt tidt of driveway) • 7 tX ■Eaiterty 0«ck • 107 t f. Wealerty Deck • 172 t f. _-vtrp*’Screen Porch* 164 if. ► tpciT - POl W ^‘Timber Waif (east aide of houie) ■ 14 s f. CorKietelendfng(easl tideofhoi/sc)* ISfT. ^5522Tknber Wa6 (fwlh ertd of kH) • 21 t.f. Rock WaAs (east end of driveway. ^wesltkfeofwatk. weal rorrwr of addition) ■ 21617^101 lolA/tak ,ne-lB./0Oa f./a.640ff. ^ i TOTALH. ">/R-T0.1% ’ '*>• • •. I ‘ \y . . \ \ N- 1>KC MINNtTOI Hennepin Co., M \ OlAOCTOP OlUVEWAV % 2 STONC •X \\• ^ I h \ o This survey shows the boundari the location of an ousting hoiii* Iheraon. It does not purport to % encroachments o : Iron marker Uearlngs et ’O'^o are tiai : Eatshiig contour II . a AX \ \ we f i I *noPOCCO AOomoV" Jh—^1.. EXISTING HCXJSe ?LC» •; I \>vea/ 'oeo^ r—\----------------'mJt 13 \ ■\ \ \>\ bATKJ ftOUMOS WOOD PLATFORM ONLY PEHMITTEO DURING WINTER FORSTORAOe OP DOCK-MUST BE REMOVED IN THE SUMMER WHEN DOCK IS IN WATE UAHlNdtlOl ______^ SsESs™- r^z^z -^44 - ---------^4*---------------- -TZ.'^ ZZ. Z^ ur -'Trjal IIm* <V>« W->»< W]& z CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 ZONING FILE; #04-3067 NOTICE OF COUNCIL ACTION DATE OF NOTICE: November 23, 2004 TO: Lecy Construction 15012 Highway 7 Minnetonka, MN 55345 COPIES:Dennis & Amanda Walsh 1354 Rest Point Circle Mound, MN 55364 TYPE OF APPLICATION:Hardcover Variance DATE OF MEETING: November 22,2004 Motion: To approve per tlic findings and conditions of the resolution previously mailed to you, except that Exhibit A of the resolution has been revised to reflect allowing the gravel at the north end of the property to remain due to the City’s snow storage needs. The revised Exhibit A is attached for your reference. VOTE: 5 FOR 0 AGAINST After the applicant left the meeting, the following actions occurred: Motion: To reconsider the approval motion noted above. VOTE: 5 FOR 0 AGAINST Motion: To table the application and pursue acquisition of an casement to permit snow storage indefinitely over the gravel area noted on the survey attached to this notice. VOTE; 5 FOR 0 AGAINST The City will follow this notice up with a proposed easement for your consideration. This easement agreement would be formally heard at the December 13, 2004 City Council meeting. The purpose of the easement agreement is to ensure snow storage ability at this location indefinitely. Should you not agree to the granting of the easement the City Council M'ill reconsider its approval of retention of the gravel area. A building permit for the proposed addition may be obtained prior to the December 13, 2004 City Council meeting, however the applicant is hereby notified that should an easement for snow storage not be granted the City Council may rescind their approval of retention of the gravel area noted on the revised survey attached to this notice. A public hearing would be held and a formal notice would be mailed to the applicant in order to rescind approval of the gravel area. If you desire certified copies of the official Council minutes, they are available front the City Clerk after review and approval by the City Council. ■K. .. , % ih ----------------------------------------------'■ AGREEMENT FOR SNOW STORAGE 1354 REST POINT CIRCLE THIS AGREEMENT, made this day of 2004, between Dennis S. Walsh and Amanda L. Hcien, Husband and Wife (“Owner”) and City of Orono, a Mimicsota municipal corporation (“O/ o/io”). A. B. RECITALS Owner is the property owner for the subject property located at 1354 Rest Point Circle in the City of Orono Hennepin County, Minnesota. Orono desires to obtain an agreement for the use of an existing gravel area, adjacent to the west side of the street, located on the subject property (the “Agreement Area”), as shown on Exhibit A, for the putposes hereafter set forth, and the Owner has agreed to approve such agreement upon the temis and conditions herein. AGREEMENT 1.Owner hereby grants to Orono the right for temporary use of the Agreement Area for the puiposes of snow storage necessary for the efficient City plowing of Rest Point Circle. 2.Orono hereby agrees to pave the Agreement Area to minimize the amount of crushed rock material that is currently deposited from the Agreement Area on the owner’s lawn from snow storage operations. 3.This agreement .shall inure to the benefit of and be binding upon the heirs, legal representatives, successors and assigns of the Owner. The agreement contained herein shall be deemed to nm with, burden and benefit of the subject property 4.This agreement shall tenninate ten (10) years from the date signed below. Both parties shall then renew tliis agreement, write a new agreement, or terminate this agreement. Page 1 of 2 IN WITNESS WHEREOF, the agreement has been executed as of the day and year first written, subject to all of the term and conditions herein set forth. CITY OF ORONO OWNER Its Mayor Dennis S. Walsh Its City Clerk Amanda L. Heien, STATE OF MINNESOTA COUNTY OF HENNEPIN ) ) ) The foregoing instrument was acknowledged before me this ____day of_________ 2004. By Barbara A. Peterson and Linda S. Vee , the Mayor and City Clerk, respectively, of the City of Orono, A Minnesota Municipal Corporation, who executed the Agreement and acknowledged that they executed the same on behalf the City of Orono. Notary Public STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this __ 2004. By Dennis S. Walsh and Amanda L. Heien the property owners who executed the Agreement. day of Notary Public Page 2 of 2 AGREEMENT FOR SNOW STORAGE AND PARKING AREA FOR 1354 REST POINT CIRCLE THIS AGREEMENT, made this day of 2004, between Dennis S. Walsh and Amanda L. Hcien, Husband and Wife (“Owner”) and City of Orono, a Minnesota municipal corporation {"Orono"). RECITALS A. Owner is the property owner for the subject property located at 1354 Rest Point Circle in the City of Orono Heiuiepin County, Minnesota. B. Orono desires to obtain an agreement for the use of an existing gravel area, adjacent to the west side of the street, located on the subject property (the “Agreement Area”), as shown on Exhibit A, for the purposes hereafter set forth, and the Owner has agreed to approve such agreement upon the terms and conditions herein. AGREEMENT 1. Owner hereby grants to Orono the right for temporary use of the Agreement Area for the purposc.s of snow storage necessary for the efficient City plowing of Rest Point Circle, and the occasional public parking of vehicles for special neighborhood circumstances when there is not adequate off street parking space available in the neighborhood, and the area is not being used for snow storage purposes. 2. Orono hereby agrees to pave the Agreement Area to minimize the amount of crushed rock material that is currently deposited from the Agreement Area on the owner's lawn from snow storage operations. 3. This agreement shall inure to the benefit of and be binding upon the heirs, legal representatives, successors and assigns of the Owner. The agreement contained herein shall be deemed to run with, burden and benefit of the subject property. 4. This agreement shall terminate ten (1 0) years from the date signed below. Both parties shall then renew this agreement, wiite a new agreement, or terminate this agreement. 5. Upon termination of this agreement, if a new agreement is not established between the Owner and Orono, the Owner agrees to remove the hardcover Page 1 of 2 comprising the Agreement Area. Should the Owner fail to remove the hardcover comprising the Agreement Area, the Owner herein gives permission to Orono to remove the hardcover comprising the Agreement Area. 6.Upon termination of this agreement, the Owner agrees to abide by City Codes Section 18-1 and 82-2 regarding the extent of the right-of-way on the subject property, to keep this area free from obstructions, and to allow Orono to store snow within that right-of-way as deemed necessary. IN WITNESS WHEREOF, the agreement has been executed as of the day and year first written, subject to all of the term and conditions herein set forth. CITY OF ORONO OWNER Date Application Keceivcd: 10-20-04 Date Application Considered as Complete: 11-5-04 60-Day Review Period Expires: 1-4-05 REQUEST FOR COUNCIL ACTION Date: November 16, 2004 Item No. Department Approval: Name: Janice Gundlach.P Title: City Planner Administrator Approval:Agenda Section: Zoning Item Description: #04-3067, Dennis & Amanda Walsh, 1354 Rest Point Circle, Variance - Resolution Zoning District: Lot Area: Lot Width: LR - IB, One Family Lakeshore Residential District (1 acre minimum) 0.72 acres (31.200 s.f.) 124 feet @ shoreline; 121 feet @ 75’ setback (140’ required) List of Exhibits A - Removal Plan U - Memo from Public Works dated 11-16-04 C - Resolution per Planning Commission Recommendation D - PC Action Notice dated 11-17-04 E - PC Memo and E.\hibits of 11-10-04 Application Snnnnary: 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% was approved by variance in 1999. fl'ltc hardcover percentage is larger than what appears in the Planning C'ominission report and the 1999 variance resolution. The percentage has been adjusted to include omissions from the hardcover calculations submitted with this reiptcst as well as hardcover omissions from the 1999 approval. No increase in hardcover is proposed). Planning Coinnii.ssion Recommendation I he Planning Commission voted 7-0 to approve the hardcover variance request based on the staff recommendation, listed below, with the following edits; #3. 1 he 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. Atty excess gravel must be removed. 116. The rcstoration/preservation plan for the bluff be appr*>ved (rather than submitted) prior to the final inspection for the proposed addition. staff Recommendation .... net 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 O. 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. ITie 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. lire 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 platfonns, 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, • ------- Memorandum Date: To: From: RE: November 16, 2004 Janice Gundlach, City Planner (Scott Oberaigner, Public Works / 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 benetit 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. \ 0 Be REwovei>- /Ncu/oes- . cwY'f/wet) (9RAk/eu ^ • LAAfte V v^ *OUU)6(i. , n°-'' • W)U4 Bo(u>eeA -oO^' - ^ . Ill I ■T>ii Vliliir I r f. s .■ 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”) are 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 the City Council of Orono. Minnesota: FINDINGS 1. This application was reviewed as Zoning File #04-3067. 2.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 Plamiing 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 JigTl 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 docs 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 the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variance on the health, safety and welfare of the community. The City Council finds that the conditions existing on this property arc peculiar to it and do not apply generally to other properly 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 2k)ning 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 confonnity with City codes will require further Planning Commission and City Coimcil review. Page 2 of 6 2.Hardcover in the 75’-250’ zone shall not increase above Uie 30.1% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicant is advised that any ftiture requests to increase hardcover or change the nature of cxisting/approved hardcover shall require City approval, and increases in hardcover will not likely be approved w'ithout 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 the footing inspection for the proposed addition. 5. The cxi.sting 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. 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 withm 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 occiured on the bluff, although not entirely by the applicants or all recently, a bluff restoration and preservation plan mu.st be approved prior to the final inspection for the proposed addition. 8.Authorities granted by this resolution run with the property not with tlic 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). 9. Violation of or non-compliance with any of the terms and con. itions 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. 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. Page 3 of 6 I "t; 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 Owncr(s) ■'» •.* .V'* .. *4 ! 4 lu- ' Page 4 of 6 STA I E OF MINNESO TA COUNTY OF HENNEPIN Tlie foregoing instrument was acknowledged before me on this __ day of , 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public S TATE OF MINNESO TA 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 Mimiesota municipal corporation and said instrument was executed on behalf of the City. Notary Public I •4 Page 5 of6 M State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this by Dennis S. Walsh, husband 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 ’ i Page 6 of 6 EXHIBIT A LOT n, suBu ur lu REST POINT PARI HENNEPIN COUNTY. UINN iM AOD1T10/0, AU. WOODOflP AREAS SHAlc 6E R£- vcoerATED vj) 'SftASi olt THS c-.ji./wFA(t>)Cr ReMOVgD T'5“E^^SVR6’ its Pep.AEA6H it/ APPROVED HARDCOVER 75 250 ‘2on9 Holm ■ 36431 f. North Wi#(-I56sf. Orfvfwty ■ 833 s.f. Rock (east s<lf of driveway)« 7 $.f. Eastarty Deck « 197 s f WesterV Deck ■ 172 vf Sc/tan Poxh ■ 164 s f. imber Wals (east tide of houM) ■ 14 i f. Concftta Landing (east sida of house)«15 s f Tenber Wafl (north end of fit) = 21 s f Rock Wais (east and of driveway. wesisidaofwafk. west corner of addition) * 216 s f of LOt Area in 75 .25a eone » 16.700 s f. / 5.640 s f pTAL HARDCQVE^g ^ 1»>C /i: Hennepin Co^ M This survey shows the boundsri. the location of an csisUng house thereon. It does ru>t purport to si encroachments. o ; Iron marker Bearings shonn are bas MS * : Eaisting contour In _____________—954— ^ _ tl------------------------_ _ 6*M coatovr Uae mmrn CITY OF ORONO ZONING FILE: 04-3067 2750 Kelley Parkway P.O. Box 66 NOTICE OF PLANNING COMMISSION ACTION Crystal Bay, MN SS323 (952) 249-4600 DATE OF NOTICE: November 17,2004 TO: Lecy Construction ' COPIES: Dennis & Amanda Walsh 15012 Highway 7 1354 Rest Point Circle Minnetonka, MN 55345 Mound, MN 55364 TYPE OF APPLjC^TION:_____________________________________________ DATE OF MEETING: November 15. 2004 Planning Commission recommended as follows: The approve the request based on tire staff recommendation (previously mailed to you) with the following edits; H3. The Public Works departmeni 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. 1 he restoration/preservation plan for the bluff be approved (rather than submitted) prior to the final inspection for the proposed addition. VOTE: 7 FOR 0 AGAINST Applicant ’s next scheduled meeting is confirmed as: City Council - Monday, November 22, 2004; iiiccling 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 Conmiission or Council. If you have questions, plea.se call City Plaimcr Joiuce Gundlach at 952-249-4623. W04-3067 November 15,2004 Page I of 6 Date Application Received: 10-20-04 Date Application Considered as Complete: 11-5-04 60-Day Review Period Expires: 1-4-OS To: From: Date: Subject: Chair Rahn and Planning Commission Members Ron Moorse, City Administrator •• • tJanice Gundlach, City Planner November 10,2004 04-3067, Lccy Construction on behalf of Dennis & Amanda Walsh, 1354 Rest Point Circle. Hardcover Variance, Public Hearing Zoning 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’ @ 75’ setback (140’ required) Application Summary: Applicant requests the following variance in order to tear down the existing westerly addition and rebuild it: 1. Hardcover variance to permit 29.89% hardcover within the 75’-250’ zone when 25% is allowed, 44.9l®/o 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 the proposed survey and labeled as “not hardcover’’ must be removed as the existing rock has become compacted. The applicants 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 arc 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-mi November 15,2004 Page 2 of 6 Pertinent Zoning Ordinance Sections See. 78-1288. Hard cover limitations. (a) No hard cover or impervious surface shall be placed, located or constructed within 75 feet of the ordinary high water level of any lake or tributary, except for stairways, lifts, landings and lockboxes as regulated elsewhere in this Code. (b) Between 75 feet and 250 feet of the OHWL, there shall be no greater than 25 percent hard cover. Between 250 fee’ and 500 feet of the OllWL there shall be no greater than 30 percent hardcover. Between 500 Icct and 1,000 feet of the OHWL tliere shall be no greater than 35 percent hardcover. List of Exhibits Exhibit A - Applications Exhibit B - Applicant Narrative (regarding lake access & wood platform) Exhibit C - Hardship Documentation Form Exhibit D - Existing Survey Exhibit E - Proposed Survey F.xhibit F - Hardcover Work.shcets Exhibit G - Removal Plan Exhibit H - Proposed Elevations Exhibit 1 - Proposed Floor Plans Exhibit J Approved Building Permit Plan from 1989 F.xhibit K -- Resolution #4272 Approved in 1999 Exhibit L - Photographs Exhibit M - Section 78-1285 Vegetation Alterations Exhibit N - Adjacent Property Owners Acknowledgment Form Exhibit O - Property Owners List Exhibit P - Plat Map Kackgrmiml 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 connected to llic existing structure. A! 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 fded 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 F.xhibit K. W04-3067 November 15, 2004 Page 3 uf 6 LOT ANALYSIS WORSHEET LR- IB Lot Area Lot Width Required 45.560 s.f. (1 acre)140 ’ Actual 31,200 s.f. (0.72 acres)124 ’ @ shoreline 121’ @ 75’ setback Setbacks LR - IB Required Existing Proposed Front N/A N/A N/A Rear 30’42 ’ - east half 88’ - west half 42 ’ - east half 75’ - west half I.efl Side 10’20’10’ Right Side 10’12.8’12.8’ Lake.shorc 75’ 98‘ - cast half 88* - we.st half 83’ - decks 98’ - ca.st half 85’ c.xisting deck 93’ - proposed porch 105’ ” proposed addition Average I.akc.shorc 106’ - 78’ going west to cast 13’ encroachment No cncroacluncnt Structural Coverage Total Lot Area Total Structural Coverage 31.200 s.f. (0.72acrc.s)Allowed: 4,680 s.f. (15%) Proposed: 4,179 s.f. (13.4%) Hardcover Calculations Hardcover Zone Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover 0-75 9,250 s.f.os.r (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 3,250 s.f.975 s.f (30%) 79 s.f* (2.43%)No ('hange * Comp.ictcd, drivubic giuvcl is included as hardcover mid non-iinpacted, landscape rock } r V ^04-3067 November IS, 2004 Page 4 of 6 is not included as hardcover. Hardcover Variance 'I he applicant has proposed to tear down the west half of the home and rebuild an addition behind the average lakeshorc 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 proposed, a hardcover variance is still required as the property exceeds the allowed 25%. The 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 /« comhlering appllcafions 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 Ihe surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Xoning Code In Instances where their strict enforcement would cause undue hardship because of circumstances unique to the Individual properly under consideration, and shall recommend approval only when It Is demonstrated that such actions will be In keepine with the spirit and Intent of the Orono Zoning Code, Staff finds that the hardships aiul conditions found and noted in the resolution approved in April of 1999, attached as Exhibit K, remain valid and staff therefore reconunends approval of the hardcover variance request. The applicants have proposed 29.89% hardcover in the 75 ’-250 ’ zone and therefore meet the 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 not 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 picscntcd, 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. Stall finds that the applicant has the right to use removable dock sections for storage of a dock in llic 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 w-atcr. mm ^ •W04-30C7 November IS, 2004 Page 5 of 6 Staff also finds Uiat 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 from 1999. These items shall be removed in accordance with the removal plan that is attached as Exhibit G, as landscape hardcover has typically not be allowed to be traded as .structural hardcover for the purposes of granting hardcover variancc.s. 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 encroachments and rebuilding of the lake access in conjunction with a hardcover variance. As a minimum, staff would recommend that any approval tesolution 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 delinn.on of "intense vegetation clearing” outlined in Section 78-128.5 (13). \)ndci.ttanding that the current owners may not have conducted the tree removal, ne vertheless a bluff restoration and preservation plan must be implemented as must of the bluff is e.vpo.sed and the leaf-on conditions have been substantially reduced. Staff recommends that the applicants be required to submit this preservation/restt>ration plan prior to i.s.suancc of a certificate of occupancy for the new addition. Staff wouhl also fcoinmend that this plan be implemented prior to the end of next summer (September 2005). Is.Mics for Cniisulcriifion 1. Do the hardships and findings of the April 1999 vaiiance resolution .still hoKl merit with the current goals of the Planning Commi.ssion? 2. Is enough hardcover being removed? 1 low could the property get closer to 25“ o? 3. Shoidd the wood platform be climinatcvl when the dock is m the water? 4. How and'or when should the non-conforming staircase be addre.s.sed? 5. Should a bluff restoratioivpicservation plan be required? 6. Are tiicrc any other issues or concerns with this application? Staff Uccommendation Apjiroval of the hardcover variance request for 29.89% haulcover within the 75’-250’ zone when 25% is normally allowed and 29.9% was previously approved, stipulating the folU)wing; I. The wv>od chip area located in the .southe.ist corner of the lot and following the eastern lot line (not sh.own on the surveys), shall be re-vegetated with grass or the fabric liner sh.dl be removed to allow water infiltration. #04-3067 November IS, 2004 Page 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 parking on it (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 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. 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 09:02 FAX 95294210BB LECt bKU» MUBb»«iy u w ▲ City of Orono Variance Application EXHIBIT A Sfroof Address: 2750 Kelley Parkway Orono, MN 55356 Main: 952-249-4600 fax: 952-249^616 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 Application # 0 V' Date Received !0 ! Amount Paid J/\ArM,CrStaff: F* 00* Renewal; $300 S600 After-the-fact; $1,200 Double Fee PROPERTY INFORMATiON: ^ ^ Site Address: -------------—-------------------— Property identification Number (PIN): ...........................a I _________I Present use of property; "^Residential □ Other -------------------------------------------------——— Zoning District; __________ APPLICANT INFORMATION: (Complete legal nar.es and marital status required for each interested party) Name; ( ^ ' Phone (home);______________________ Address; V ----- Email; -------------------- Pnone (work^ Fax: OWNER INFORMATION: (Complete legal names a*d rnahtal status required for each Interested party) ^»skuit«=. ^ /s„4./t AjiJrg A.Name: Phone (home): Address; Email: Phone (work); DESCRIPTION OF REQUEST: Estimated Project Cost: $ Describe the request in detail (attach additional sheets if necessary). ... . /V • ^y-iA v /av-— g "n-V\= TT- !^V'“ ■ ... •w,. ( 1/7 .f' ■ a // - .w .9 ,5 5 * --------08 ; 63 PAX LEcy BROS RnMRg P. 82 12002 □□ □□ REQUIRED SUBMITTALS: ««>'• in o-nr for your o Completed Hardship Documentation Form SrSS'7,5' ™i>- listed within this packet. Including hardcover calculations 7lI?q nwSfii«® raquirements1 r X17- for reproduction. -«»«>''or calculations. Also provide one copy 8.5- x 1 r or X ir APPUCAKTS ACKNOWLEDGEMENT: true and correct to the beat of his/her knowle^e Sm a.!lSp.!S^ »hai the information supplied is responsible for submitting a complete recognbo. that he/aha ii sole y staff haa no altomatlve b^ to retort It “P®" <® do so, tho denial of the request reg^lesa^ Its poten^al merit ** recommend the request for Applicant's Signature: ^/fpyh^L'' Applicant's Signature: _____ o Data: )0 jyC)// Date: /' I OWNER'S ACKNOWLEDGEMENT: entry onto the propeSTby^Sl^reasonable purposes of investigation and vertflc^on of this reauest*^^^**' Council Members for De*e: lO/^/oV Dfc.^. — i h purp'oses of inve^HgS Owner's Signature: __ Owner's Signature:. "2 Meeting, Planning Cemr>mMon*Mee£9S®8re'w helif^the H?d*'M Commission cSSneir'^™“Jpp"llS“”wUte*?Sttl!jlTa"^dIrtIItej^^^ V f ir city of Orono ??“•' MmnoAMr.^,- ~~_------------ «-^PP"CGI.on mPel^*) 356 Crystal Bay. MN 55323-0066 ——J^lMiLP description of request - /srSSef° f SelbacK □ Rear Yard s ,h ffoiher:'^ D U. Coverage g^fSelbac. □ From Yard Se.bac. IniUals: ^PP'''=anl has receiver! iha u rt h- ^---------- OTHfb .Mcrvr.... /PPlication. ®'’“rridnchon with Iheir formal v=r;,Ii""'"' 1 L EXHIBIT B 11/2/2004 Janice Gundlach City of Orono 2750 Kelley Parkway Orono, MN 55356 Wood platfonn at 1354 Rest Point Circle Dear Janice: I hope that some of the facts below will help lay out tire reasons we find it necessary to have a platform on our property for the purposes of liolding our duck and its support structures. We are requesting a variance to keep this structure in place. The wood platform on the liill b)' the lake is for the purposes of holding all of our dock pieces. Without it there is no place to put our dock. The hill is appro.\. a 34 foot drop from the top of the hill, and it is about a 45 degree drop to the lake Because of this slope tliere is nowlicrc on the lull or shore to store a dock of any size. The pieces of the dock arc as follows: 1. 16 docks sections of 5 feet by 8 feet. 2. 12 dock sections of 3.5 feet by 8 feet. 3. 53 verticie metal support poles. 4. 100*200 metal horizontal support poles. 5. 20 support poles for a dock canopy . If we arc required to tear down the storage platfonn \vc will have a hardship. Leaving the dock in the water would destroy it. To replace the dock would be in the $25,000.00 range We arc not looking to have any more room than enough to adequately store the dock and the sutiport :>tructurcs that arc needed to keep the dock in place during the use in the summertime. Tliis platform is about the smallest that is necessary to hold all the pieces My wife is on the board of llic Lake Miimctonka Assoc., and we arc very concerned about the look of the lake and any erosion issues that could impact the lake. Wc Itave recently rip rapped our shore line t^ause of wave erosion and the slope tliat could give way if wc did not take adequate measures to ensure the integrity of the shore line. The stairs going down to the lake arc a hazard and will need to be addressed in the future as wc have had people fall down the stairs already. It is very steep, and we are committed to solve this over time, but it costs a lot of muncy and we arc living for it We only want a safe walk down to the lake with adcqiuitc room for dock storage and nothing else. In our new bouse plans wc liave pulled the house back from tlic lake, and aie icduciiig the hard cover us well. Tliis should show our good intentions in working with the city of Orono. Wc 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. Thai i Deiuiy & Amanda Walsh 1354 Rest Point Circle Orono, MN 55364 612-414-5055 1 •• i • • 4 Top of ihe Glair.s looking down to liie take < .. tr. I t «4 ".'k “ •*■{-.(■f. : ■: * •> ‘i. : r f ■ ! 7 r * ,*^ f' ,* >v / • * “ ^ / ^4 k. ^ * f •• r • > » 9 > «i / > • „.r' <* f ,y\::- ■• .v-'v.v'J m m ' T • ^'^■11- A W *' The view up the stairs I • , I#«- ' • < \ rr:»r. i./• ' i ;« *fcS .* J>- .. . ' Vr* ‘. ‘ • * ^ ^ • •. V r* • 1^1 I ^ —. 'V5 -V v ; / . ' ^mJL.-*s»^ ^ * 1^* yIi ,*V ‘3 '■'~' ■ -------rr.-A-'- • • ••. -ItSll. .-. ■ v '• i; • r* ;• I* # •i • •i r. f •"' ?.',•■ V T •;»rr '* -VH. no dock froin gtou nd lc‘vcl and tho view up It'O C'V* 1:'' ■ VLJt *'% —5* • I y I. .f" n ••■k'-,:; ; *' - T -x,\ ; « A. ' ^ ^ * A ••> U“ p . .:,A * » A.-»• ,v V .. .\.,vyig.»4> . *« ?v ^ ;k ..fV ft • ♦ #•■; : ‘=-:r<-, • « »• A •V. . ; {■ 9 »• • ^ .<y.Vi.-» .5- i^f • \* .■^: - v<.4,.;•)^• J ■ ^ . •- .k .' j•V;; \ ' tm. * Dock fiom H'jov'ti ond Iho platrorrn i'V. V V ^ V- \ '/ »•^r • / ',f ' Ifi 'V'.!/ >5-." V-, •% r • #< V • • * t'» -A • /• : :f- -- * K . ~a -------------- i 4 * i* '• V < 'K ■ v»> 4 { t 10/1S/U4 KAA Ua;!W4i(XUoa l.r.c I onio nujuAo w w «# Page 1 of3 EXHIBIT C HARDSHIP DOCUMENTATION FORM Th«* form Is a roquired submittal for ALL variance applications. An application Si not be considered complete or placed on any meeting agendas until this form is complete snd subrnitted 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 uiMque to ^e orooertv as variances run with the land and not the land owner. Personal and economic situotiona 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 TS^Iorm^^as^n^oim?*^^^^ basis City staH uses to determine .f hardship exists and how the variance wifl 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 ofprovlng that the variance Is Justified. The Information the City receives is what is used 3 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. 2. • the property in questJn cannot bo put to a reasonable use if used under conditions allowed by the official controls." ‘../I. r , \-0 -^XA'/.A/rVn/:\ (i.rivt,-h Li -' < t' — f. iroi ,vv ix r a.. ~ . ’ I ' I I >> i . I'/'l /I < *Tha plight of tho landowner is due to circumstances unique to his property not created by the landowner." ~Hi_p la.rvi ikiCs hf-^cr^ L‘^.\i^oi\iKiyitlnCK)VLL^ tU I\{ Kc r-i rK /iV,iy/« Il\ 0i.wi.LCi3 y __LhjUl:!— X- U ’•“Tho variance, if granted, will notpller tho essential character of the locality. .y-/ci r>f i.WYnw Au-;Kfa,;> , _SLiu . /V / /.-) rri'i i' .-n oty, tie L'.CLllA-------------------- "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter. V n.\<i. /r^i' j-Vv-i/r ------------------------------------------------------------------------------------------------------------------------------------ *r -r- * • *' ( *' Ap t . ■' liiF r ■s. U 1U/10/C4 uv:04 rAA L^Cl l3MUd Iluafid idooe I „ ^ ^Page 2 of 3 6. 7. 8. 9. 'Undud hardship also Includes, but la not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter," •The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person's land is located.* 11. TjfP •The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.* 'The special conditions applying to the structure or land in question are peculiarI ne special conaiiions applying lo me siruciure ur lanu ir lo such property or immediately adjoining property." (lit j 111^1 C * ^ r V V. 1*^*4 V/n K I..J Xi f.t U Cu.v^cCi tv ^ it' f_______ J *'The conditions do not apply generally to other land or structures in the district in which said land Is located." ^ / /’ '//. v y- V? h’ I'd (- j v/ *^\ 4/AV* /y. if. u /'f •The granting of the application is recessary for the preservation and enjoyment of a substantial property right of the applicant.* '^-Ir l\0 f.j fi' ii /?(T)~niiV- tV] V/v/ h‘\U:M’ )., .--r'l (VtV / t.t (A, (<'j. ('■ r - A Vi 4-n ,■ z'/' J- ,/. I fic\i J^, ^ , /"vtCCxCC (H r.Ct>X'{.i /'lUVXc'H.V'.i /1-> .*'2/ ) t'C' 1//lU' (.j ‘The granting of the proposed variance will not in any way impair health, safety, AiCL^ 'Vt^ L) comfort, morals, or in any o^her respect be contrary to the intent of the Zoning' ^ Code.' ^ 7 1 1 r T I ’ 11 V\J\ / .-'•Itm ■' >1 Orv\' 'j - I u.. ^ ^ /Vf U K 1 f » S..N 7 VI C'.V ^ v,‘|l • .[; " / >1‘ I • A manJDA \a/AUSH \ V th •s Ha VRDCC . iiM CALCULAlIUiN WUKKSlUiL . S’fcTDACICZONE: (CmCLE ONE) 75-2S0’ 250.500’ 6/n/a^ S>OCUA/^ii- 500-1000’KXillRIT F A. House ■ •X ■i S.F. I •L<nfih Width« X ■■S.F. X m 1 S.F. - .X m S.F. • • D. Garage *• • X m:. •» •. S.F. F6,f^rrorna*, C.‘ Dfiv«wiiy Z •X 14-aj S.F. / 2 X /7 «■ ■S.F." 0. Sidewalk /r>X U/lo S.F. X .• ^ :S.F. E. FUU«/Dcck W/5TP?-PS X S.F. X r.j S.F. VfAU^O >Zd.‘/o F. Londs^e a >3 X 3'"2 S.F. Und^UIn X -^3 S.F. B/^PIastlc a-fi X 74-S.F. <5r Fabric »t G. Other X S.F. TOTAL HARDCOVER IN ZONE •..... % S.F. TOTAL PROPERTY AREA IN ZONE ^ZSe> 9350 S.F. • A + D * 100 - PROrOSED HARDCOVER IN ZONE A. House X «S.F. •Lcn|th Width • • • X m S.F. X m S.F. t X m S.F. B. daragc Jt '/it^ors.0 S.F. C. Driviway X m S.F. X m S.F. D. Sidewalk X •S.F. •« X ■ .S.F. E. Paiio/Dcck X S.F. X S.F. •. F. Landscape X • S F. Undrtlatn X m t S.F. . By Plastic .X m S.F. Of Fabric • •-»< i* 0. Other X S.F. TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ^ _________ > D .% IQO S F.* Z S.F. % A U A B • » HARDCi,. EK CALCULAl lOiN VVUKKi>liJi^ *'' '2'i/oi /•^,^cna SETBACK ZONE: (CIRCLE ONE) 0-7S*(^-250^ 250-500’ EXISTING HARDCONHER IN ZONE A. Home • ;5r> •f*7iS/29 L<n|(h Wldih faor^T PATLSLJU i'C^JC i^ D. Carnge • ■ C/ Driveway _____________ .X X X X X IZOCIC QoP06'^ D. SideweHr -T7 X X 0.& 0,7 E. -P«to/Deck X X /z. is.z F. Landscape x Underlain hj . t (f<t4 4HfC x By Plastic g P.QC4C.. x Or Fabric 2 2 2 O. Other x <0 • TOTAL HARDCOVER IN ZONE total property area in zone A- + B /&70C?X 100 rnorosED hardcovek in zone A. House length tyi lVci^(#Axcj Width X X X V • U. Garage C. Drivcwaiy /!^CK D. Sidewalk X X V X X 0.7 E. Paiio/Dcck /d£/l£JUL X X F. Landscape x Underlain ^ x By riasiic x 0( Fabric 0. Olher TOTAL HARDCOVER IN LONE TOTAL PROPERTY AREA IN ZONE A :_ _ _ _^ /BVO c X 100 - 500-1000 ’ Bez!-S.F. 77 S.F. ^•2 S.F. > <*•7 I S.F. •• 1 ■ _S.F. &33 S.F. "s.F." C.Z S.F. "s.F. 7Pj S.F. S.F. se.o S.F. ”S.F. ■^1 e • _ s.F. • -S.F. 1 S.F. /S700 S.F. 3943 _ S.F. • • • isa vi m s.F. S.F. S.F. S.F. ifyj s.F. S.F. 7•S.F. . S.F. ny S.F. f7Z ~ S.F. /6 4 S.F. 1 S.Fi • S.P. * 2/C • it _S.F. 3C7o ■ S.F. • /jrroQ “ S.F.mafhwim“ CJ A 13 A U • « - I « 4 OuJZo ^ a luo >» C "O« o ^ K C UJ I \ oi Cj> I c ^Jis « « U o m u) ■> \ Vn ^U> UD\ ^ ^ Cp -'-S'^VV '//' \ \ V V I w§ H 0^“02'03' ^000 If \ 174.94 / -// X\ >\\ \ u / kn' «. V ^ BOdtOeR-VV; ,er»J5 42.6 it dez z __________- -47«- — REST POINT CIRCLE S 01*03*00 “ W 112.76 I / // / /■ i)9 ece / =p' JI1VM oasodCttd // / / ir 3 ^ 19 \ U.__ / m ION rSONYT // / / \ \ / 00 t — “1 — — — / \ a o \ V \ / /"’ll I / ' y 4 I < 2 I Q-----------1 UJ '001 / / / ^6®'/ •4 toot / // 7 ■fe ml +if+ I g/|lh[i o/l l|l ~-=^~ - jr -::f-z-~L ^ / / /U / S32^a / \ \ S 00^61*30" IIYM 3N01SA3>. ^ =>-,p ^ *21 ^ ^ Ci ^ 5 S ^ ®af ►It nVAl ooom / /-sS» / / / / / .' / /11 j 111, ^ 1111!! 111 Onus1^3 J96^ \ ■f ■*«. '? 1 ."•Hi N. I ' i» /; / / / / / / / / / / / / / / / \ / / / / y /\ mu 11111 11111 \ . *k 'i r r. n ••■■■«• I- " ^r; I ^ --------- ^ X s.a »C3 am :<;8:: V CO H a i r • *:■ S2f^(-J If: I-if •*#im«nm _i LD^ f-i; ii a* tr\ R1GMT a viy «uiuk»r44 R<WT ftfPE gLfTVATtON S • r (Sl 'I '<ll&£i I is > ss • r • j-utS :.' : ‘ » ■ <• s MPB ! pia 2£=J tJJ I ■» ii ‘: !| ;i r !f ||.. ii .......... • ...... vy !!....1 !1 j' ' V eCS^^fDDO jj::.:..f :4 :*' : . I? y \* !! • >«^ #• ra ii i 1 .. -■• ,t—: I s V 6Jrc W T ~ »T* —♦•> i w« __ «• • »««• MAIN LtrvEL FLCX3W It^■:vi:aS* o ■j • «ra • »m mm ■MB «n*»M t»•• mimtmm i I III 0 <0 K I ._J I L... j UPlPeR iLvtt (%OOR PLAN Hn2iBssm IS II \ \ 8. '&i‘ hi i tiCh'. r __ FfT" "”***' ' EwfejfezfeE 11 1 u f« ■IS BttiSkieu ^ ■ ¥ F 5B!------—T R f S U* rMC r#nLMua] ( q^Q6ft SECTION • CANT/rWCCNY ■•I A* a A4 —mmm mmtjammtmM Ai *i»»**« HOOT iMmcrao*______ H«« •«»« 4* «i«t •mmutm *iAO>iAaa •r rui «rw >Ai*— «««) MWa • u 4C* r«MA«*OT«m«A •0PM««aci4 uMAMnm >WNM*inA« r tMl—^yA ar t«« A AiAA aba a a b a • ■•aaAa** At • «r tA»AB««Ai«A At«A AAt »tA—AtWA • BM A4 mjf t t^AAAA ar AiA «A - a««A BAMi I fV«A :mA*<r:M«Aa«.AA»t. A'AAAI AIM »A ’ me. 0«r« KOJ MHLUIDaS ^ •QHMUOa __ m a ar A av AIAA ««. • a a aAMAi «a • 'ft ActA r *«•• Aim A»* ««AA At— r • tAtm*. *•» Aa«A>AA» •*AA •a'ttM AtAI tM^arri CLEV.^T a^^piogri builtj ^_ RUf^ SECTION • PAMILT ROOTVS^^ ROCH M4AA a•••#A' USJTJS^aa SECTION • FOftCM 7144547 EXHIBIT K •:•.* r:. ; 4Tv rrcT.^in LN iL»*i*« •*» ^.l^•^iwl»wTA f'. • ..^ cii \\^ • ••.*«• ^ -'I r« jJJ'JL i3 fii 1;25 .7144547 • v-o. a:;. • t M• . • • m m m • » . A. f'< •••• :. RESOLUTION # ■> -v STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO ) ) ) ) ) I, Linda S. Vce, 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 jlhe Minutes of the proceedings of said City Council at a meeting of said City Council held on_____April 26, 1999 ____, and that the same is a true and correct copy of said resolution duty adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this April_______. 19 99 ■ 30th day of //• /? / 0^. Linda S V'ee, City Clerk m • v:(SEAL). ' ‘ r,--#• « ■' ENTERED t I icwwvH « hj:<ty taxp Ave« sBivtcn? JUL^u. 1999 MMN OtPurr * »«• ffo.^ Ov CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO.4 ^ " 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 W2444 WHEREAS, Brian Schebler and Susan Scheblcr (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 11, 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, Subdivision 16 (1.) (2) to permit an after-the-fact variance for a 12'xl6' lakeside deck to exceed allowed hardcover in the 75- 250' lakeshore setback. The hardcover is 5,593 sq. ft. (29.9%) where 4,675 sq. ft. (25%) is allowed NOW, THEREFORE, UE IT HESOIAXD by the* City Council of Orono. Minnesota; 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 minimum lot area. The property consists of .72 acre or 31,200 sq. ft. Page 1 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ' 5. 6. 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: Much of the existing hardcover on the property could be removed; however, the rock is not underlain by any impervious 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. D.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. 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 aflcct tralfic conditions, light, air nor pose a fire hazard or other danger to neighboring property, would not merely seive 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! The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments Pace 2 of 5 I # * /b; O'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 grants 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' lakeside deck to exceed allowed hardcover in the 75-250' lakeshore setback. The hardcover is 5,593 sq. ft. (29.9%) 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 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO.A *' ^ . ;'■•.•■•■*•• y*- . Adopted by the Orono City Council on this 26th day of April, f.* .* •; /. . • * . ; i ;-(i' 'ATTESTiV 'V A. ‘ N f '■*. ( ., *;.t't_______ , ‘ Linda S. Vee, City Clerk 1999. . Gabriel Jabbour, Mayor Property Owner(s) STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before rne 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. ♦ i yy/a ,U (/.'■ .l- Notary Public *1 iM- y Page 4 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Onthis . 3‘7.v day of for said county, personally appeared //•■!/«»; j 199J/before me a Notary Public within and f> '• A A'.-' t ‘f________< '•' • known to me to be the person(s) described in and who executed the foiegoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. L'.l '* ' MARY ANN JOHNSON •; u Jl|Ot*A'fPUBLIC-WINNESOIA :{ Wy Commission tipircs j^n. 3i, 200C }NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this of rh,'>ffi for said county, personally appeared /, 199_7 before me a Notary Public within and <:> Ua n___"•>. /> t: P I* 7 . . »/n f' ( '( known to me to be the pcrson(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as liis (their) free act and deed. I .. . ............... O MARY ANN JOMNSnN ij fj .. NOtA.SyPUELIC.MlNW.SOT* J! M tApiics Jen 31,2000 'L NOTARY PUBLIC Page 5 of 5 r,.-I V '\, ew .jVirN N Pii^ :■ ' -o. • a ^ :. A* hv'/? ■’?. ‘>;'v - ‘ > i, • ■'‘' * ii‘ ''*'^ -luH' 'V - "T dl ’ V .U'k nfcv .’A ^1H< •V ^*A u*v . »WT'-.iim WAtrn -. ■cAs^ •t.::,>2i'A% f 'V » V -:*vmwmm i^# li vs ^5^^^ •* ' ‘ ■ . Vm. ..' ■^ i‘ *».l'-v'../'/ ' ■ <' ■ ^. i- .V .'. ^ • ■ e-'V . A ‘^V* N -x/V-1 > '- •Ai • “C\ J: ■\,:r .'^r’ fWMa {ii2 m I i/K Hm .' 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IWP '^¥ SP i Wjnfv' fm'\' •’ ^» V El*,WmmMBSoiiiialiB^Hn^/r>'///.>v V -v“-- ■ ‘vj- . ^■?.l’^5<nrt.U , % ,4 'f* , •' *A' ^ V# tv ik * 1 '' ^mmM m wa?TJ5n .t 'jv» • i'■ is'f vi I ■ \i. ■/,.'1,-vSw *■• V j\r,v^' ^ '■'•<»_,*/'.'.^; K ;.i^ r'* * ■ > ■ •. . ■#>#>»Miif-;a ’^?#S )\A fi*' • ^ *^:Vv '*•' ■ ^-*^'* r'j- ‘V -•. • - • •■■'■’^w r • ■ V^\v MggMam 'V^'* ^ 111 .‘■fSl •'••••'■■ *.N,-‘^rm - VT ^1 ' ;^y‘ '^ 'j V' . i:^' -V-!?>' •m'r I y ' -• -1 V^ XT 7>' #v <>a %i Mm r.-. f vm 41 wi3lls:l»psa^ilmm4’ ‘ WPWR‘SIMW'SS '4#^'j^-^nit': ^>.-0^. S5lF^ «■mm$ Of t V 9 • '-J v.“ m A-l ‘ v^-‘—^ ^ - ft, . -.,^^-,v^^.;^v, Avc!»~"'=5sr^'~ ‘..'^ 3-A^ZH ' wi ^1 •»^_-^'xy- •. ) :.' . •. ‘^iT.-.^is^V' ,-.f '•V m -rt*' ^ >• • c?: v^7:r\-*. -rj • \rj»-; ''v^v*.?c.;» < • \ ' - •'* ^ «<*i ^ •■T\*AC^ \» 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 from the city staff, 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. 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 shdl 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. Limited clearing of shrubs and trees less than six 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. (Ord. No. 101 2nd series, § 1(10.56(16)(I)), 2-24-1992; Ord. No. 127 2nd series, § 7,7- 11-1994) v'.r ‘ % • «. . * EXHIBIT N ADJACENT PROPERTY OWNERS’ ACKNOWLEDGEMENT FORM 1 (we) tj\/I J? d fj -S O (^/// C /C (print name(s)J (print address) have revieyved tt)fi plans.for the proposed improvement or proposed use of the property located at Tc )»r ItC also referred to as Land Use Application No.________• I (we) understand that in executing this acknowledgement. I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor’s project or use requires Council apprpvaL ^Ofterty Owner f r' \ . fr Date /• / (^ / Y - ry / iPropfRy ”^Dwn6o Date I (we) fnrint sJ fnrint addressl(print name(s)l (print address) e revlevyed ^^lans for the proposed improvement or proposed use of the propeity located also referred to as Land Use Application No._____ have revl at I (we) understand that in executing this acknowledgement, I (wo) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans cind that the proposed neighbor’s project or use requires Council approval c RUN DATU:IOOO/J)W )8 071172)110016 PROP AODR IM7 REST POINT CIR OWNER NAME W E PINECAR & R A PINEGAR TAXPAYER WILUAM & REBECCA PINEGAR NAME/ADDR 1)47 rest point CIR mound MN S5364 11 0711721)10024 PROPADDR 1)50 REST POINT CIR OWNER NAME RICHARD LANFINSON taxpayer RICHARD LANFINSON NAME/ADDR 1)50 rest point CIR MOUND MN 55)64 18 0711721)20034 PROPADDR 1)65 rest POINT RD OWNER NAME 1 1lOMAS NICHOLAS MERSCHEIO TAXPAYER THOMAS NICHOLAS BERSCHEIO NAME/ADOR 1365 rest POINT Rl) mound MN 55364 38 0711721120062 PROPADUH 1354 rest point CIR OWNER NAME DS WALSH & A L HFU N TAXPAYER DENNIS WALSH/AMANDA HEICN NAME/ADDR 1354 REST POINT CIR MOUND MN 55)64 HENNEPIN COUNTY PROPERTY INEORMATION SYSTEM PROPER I V OWNERS LIST 38 071172)310022 PROPADDR 1342 RESl POINT CIR •OWNER NAME M 1 ALI liNHOl EN ET AL TAXPAYER MARK J ALT ENHOFEN NAME/ADDR 1)42 RESl POINT CIR MOUND MN 55364 38 0/1172)310023 PROP AODR 1 348 I! EST POINT CIR OWNER NAME T H PARKER INC 7 AXI’AYI R T H PARKER INC NAM E/ADDR 5 ‘ I**! NORMAN DR MINNETONKA MN 55345 38 071172)320030 PROPADDR 1310 REST POINT LA OWNER NAME STEPHANIE FERREli. TAXPAYER STEPHANIE FERRELL NAME/ADDR 1310 REST POINT LA MOUND MN 55354 38 0711723)200)1 PROP AODR 1360 RF5T POINT CIR OVITIERNAME DA: I BOIES JR T AXPAYER DAVID U &. JENNIFER BOIES JR NAME/ADDR 1360 REST POINT CIRCLE MOUND MN 55364 38 0/11723320060 PROP ADUR 1 366 REST POINT RD OWNER NAME J K LANOHANS A. S l>N(iHANS 1 AXPAYER JAMES K A SHEIIA IANGMANS NAMF7ADUR 1366 REST POINT RD MOUND MN 55364 38 071172)320061 PROPADDR 1371 REST POINT LA OWNER NAME KENNLTII W A RENEE G ECCER F T AXPAYER KENNETH W A RENEEG EGGERT NAMDADDR ll/IRESrPOINTLA MOUND MN 55)64 38 071172)3)0012 PROPADDR 1374 RT.STI-OINTRD OWNER NAME G DGANGSIEE AKGANCSTEE GAR5* A KATHRYN GANGSIEE NAME/ADDR • I’”* K>IN' RD MOUND MN 55364 OF THE HENNi;PIN CXXJNTY TAXTA’l'ER SLRVICI'S DEPARTMF^. TO THE UlSf OF MY KNOWI.F.DGE AND ,.//)■ I / ‘J///;// I ^ >Vv €'■ I. • •• V. ' • ••X f ■ Ho V ..sI • f•Vi'V*^r F '■V. .- •\ \ ■-• t ’.-J- y•' aMifa rr>«.-rrriMG Date Application Received: 10-20>04 Date Application Considered as Complete: 11*8'04 60-Day Review Period Expires: 1-7-05 Utc ' 3 Qll Y UK OHUNO REQUEST FOR COUNCIL ACTION Date: December 13,2004 Item No.J ) Department Approval: Name: Janice Gundlach^*' Title: City Planner Administrator Approval:Agenda Section: Zoning Item Description: #04-3069, G & L Land Investments LLC, 2665 Mapleridgc Lane Variance - Resolution /,uning District: Lot Area: Lot Width: LR - IB, One Family Lakeshorc Residential District (I acre minimum) 1.6 acres (70,216 s.f.) 137 feet (Si shoreline; 165 feet @ 75’ setback 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 permit construction of a pool in conjunction with construction of a new residence on an existing lot: 1. Average lakcshore setback variance to permit the proposed pool to encroach 45 feet into the required average lakeshore setback. IMaiiniiig ('ommi.ssion Rccummcndatiuii The Planning Commission voted 4-3 to approve the average lakeshore setback variance reiiuesl subject to the following stipulations: 1. The pool and deck cannot exceed an elevation greater than 945’. 2. A grading plan demonstrating how the pool will conform to the 945’ elevation requirement must be submitted and approved by the City Engineer. Staff Rccoinmendatiun Approval per the attached Resolution as the applicant has complied with the Planning Commission recommendation rOUNCII. ACTION REQUESTED Adopt tlie attached Resolution granting an average lakeshore setback variance for 2665 Mapleridge Lane. r' A RESOLU 1 ION CRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-1279 FILE NO. 04-3069 WHEREAS, G & L Lnnd Investments LLC, a limited liability corporation (hcrcinurter “the applicant'') is the owner of the property located at 2665 Mapleridge Lane within the City of Orono (hereinafter the “City ”) and legally described as fol’ '\vs; Lot 6, Shore Hills, Hennepin County, Minnesota (hereinafter the “property”); and WHEREAS, the applicant has made application to the City of Orono for an average lakeshorc setback variance to Orono Municipal /oning Code Section 78*1279 to allow construction of a pool and associated decking in front of the average lakcshore setback in conjunction with construction of a new residence. NOW, IIIEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. 0 This application was reviewed as /oning File //04-3069. The propcity is located in the LR - IB, One I’amily l.ake.shore Residential District, which requires a minimum lot area of one (1) acre. I he applicant's piopeity is 1.6 acres in area. .3.fhe Planning Commission reviewed this ap|dication at a public hearing held on November 15, 2004 aivl recommended approval of the variance ba.sed on the following findings: a. fhe existing deck is located within the av erage lakeshorc setback. b. Hie adjacent lot to the east contains a pool located in front of tlv average lakeshorc setback. Page 1 of 5 4. 5. c. A small point exits along the shore of the applicant ’s lot further restricting the lake setback versus the lake setback on the neighboring lo*>. d. The most affected neighbor to the east has views primarily to the cast rather than across the applicant ’s lot. c. The neighbor to the west is minimally impacted as that house is located closer to the shore than the applicant ’s proposed house. f. The applicant will meet all other Zoning Ordinance requitements including hardcover, lakc/sidc/street yard setbacks, and lot coverage by structures. The City Council has consideied 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 conmiunity. I hc City Council finds that the conditions existing on this property arc peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not ailversely affect traffic conditions, light, aii nor pose a fire ha/jid or other danger to neighboring property; would not merely serve as a cenvenienee to the applicant, but is ncccs.'''uy to alleviate a demonstrable hardship or dilficulty; is necessary to pr^•.^e^ve a substantial property right of the applicant; and would be in keeping with the spirit and intent ot the Zoning Code and Comprehensive Plar of the City. CONCUI.SIONS, ORDER AND CONDMTON.S Based upon one or more of the above findings, the Orono City Council hereby grants an average lakeshore setback variance to Orono N'.unicipal Zoning Code Section 78-1279 to allow construction of a f»ool and associated decking in front of the a\ erage lakeshore setback in conjunction with consiructioii of a newr residence, subject to the following conditions: Page 2 of 5 i L 1, Council approval is based on the site plan submitted by the applicant and aimotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. The pool and associate'^ decking upon completion must not exceed an elevation of 945 ’. 3. The site grading shall be constructed in accordance with the City Engineer recommendations. 4.Authorities granted by this resolution run with the property not with the applica';. 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 (December 13,2005). 5. Violation of o; non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of the applicant and the applicant’s heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 13' * day of December, 2004. ATTEST: Linda S. Vcc, City Clerk Darbara A. Peterson, Mayor Property Owner(s) Page 3 of 5 rw 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 Miiuiesota h 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 cotporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 5 -in State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this__day of 2004 by Stephen Longman, owner G & L Land Investments LLC. Notary Public State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this by Timothy Gilfoil, owner G & L Land Investments LLC. day of 2004 Notary Public Page 5 of 5 fcAhoiaaaiuAlk IMAHI Doc 02 2004 9:27Rt1 Stephen Loneman Builders 952-943-8226 12/01/2B64 15:22 6123434B09 FORMATIONARCHITECTS p.2 PAGE 03 CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 ZONING FILE: 04-3069 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: November 17, 2004 COPIES:TO: G & L Land Investments, LLC 8659 Great Waters Alcove Eden Prairie, MN 55347 TYPE OF APPLICATION:_______________________________________________ DATE OF MEETING: November 15, 2004 Planning Commission recommended as follows: Approval of the average lakcshore setback variance request, stipulating the following; 1 , The pool and deck cannot exceed an elevation greater than 945. 2. A grading plan demonstrating how the pool will conform to the 945 elevation requirement must be submitted and approved by the City Engineer. VOTE:FOR AGAINST Applicant’s next meeting is tentatively scheduled for: W04-3069 Navciiiber 15, 2004 Knge 1 of 4 Date Anpllcatioii Received: 10-20-04 Dale Application Considered as Complete; 11-8-04 60-Day Review Period Expires: 1-7-05 To: From: Date: Chair Rahn and Planning Commission Members Ron Moorsc, City Administrator \f. Subject: Janice Gundlach, City Planncrji.1 November 10, 2004 04-3069, G & L Laird Investments, LLC, 2665 Maplcridgc Lane, - Average Lakeshmc Setback Variance - Public I learmg Zoning District: liot Arest: Lot Wirlth: LR - in. One Family I>akeshoic Residential District (1 acre min.) 1.6 acres (70,216 s.f.) 137' @ shoicUnc, 156 ’ Qt} 75 ’ setback Application Snntnuuy: Applicant requests the following variance in order to permit construction of a pool in conjunction with construction of a new residence on an e.\isting lot: 1. Average lakcshoic setback vaiinncc to jKimit the proposed pool to encroach 45 feet into the required average lakeshorc setback. Stajf Roconnnciulatian: Staff reconnnends approval of the plans as submitted. Pertinent Zoiiinj* Ordinance Sections Sec. 78-1279. Placement of structures on lots. (6) Average lakeshorc scibnck. No principal or accessory structure shall be located closer to the lakeshorc than the average distance from the shoreline of existing residence buildings on adjacent lots; except that this docs not apply to stairways, lifts, landings and lockboxes. Further, the average lakeshorc setback shall apply only to classilled lakes and shall not apply to tributaries. I'hc average lakeshorc setback line shall be a straight line connecting the most lakcwaid protnisious of the icsidcuce buildings on the immediately adjacent lakeshorc lots. I.ist uf Rxliibils 1-xhibit A Application lixlnbit U - Hardship Documentation Form Exhibit C - Existing Survey E.xhibit D - Proposed Survey Exhibit b’ Hardcover Calculations Exhibit F •- I’loposcd Elevations Exhibit G - I’hotogiuphs Exhibit 11 Property Owners List I’xhibit 1 - Plat Map ^04-3069 November 1S| 2004 Pftge 2 of4 Background The applicants have met with staff on several occasions to discuss construction of a new residence on an existing lot at 266S Mapleridge Road. The applicants have indicated they will meet all setback, lot coverage and hardcover standards for the new residence but would like review of an average lakeshore setback variance for construction of the proposed pool. LOT ANALYSIS WORSHEET LR-IB Lot Area Lot Width Required 43,560 s.f. (1 acre)140 ’ Actual 70,216 s.f. (1.6 acres)137 ’ @ shoreline 156 ’ setback Setbacks LR-IB Required Existing Proposed Front N/A N/A N/A Rear 30 ’210’140 ’ Left Side 10 ’25’13 ’ Right Side 10 ’46 ’15’ Lakeshore 75’125’ - deck 160 ’ - house 150 ’ - house 118’ - pool Average Lakeshore 175’ - 155’ running east/west from shoreline 21’ encroachment - house 50 ’ encroachment - deck 45 ’ encroachment - pool Structural Coverage Total Lot Area Total Structural Coverage 70,216 s.f. (1.6 acres)Allowed; 10,608 s.f. (15%) Proposed: 4,730 s.f. (7%) I* **• . »r*> ^ W04.3069 November 15, 2004 Page 3 of 4 Hardcover Zone Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover 0-75 12,048 s.f.0 s.f (0%) 0 s.f.* (0%) 0 s.f. (0%) 75-250 33,125 s.f.8,281 s f. (25%) 8,903 s.f.* (26.9%) 8,280 s.f. (25%) 250-500 25,043 s.f.7,513 s.f. (30%) 1,082 s.f.* (0.4%) 1,082 s.f (0.4%) * After exclusion of fabric or plastic-lined landscape beds Average Lakcshorc Setback Variance The applicants have proposed a pool off the lake side of the home and oriented towards the eastern half of the shore. In orienting the pool this way and with the proposed hojnc pushed all the way to the average lakcshore setback line, an average lakeshore setback variance is needed for the pool. The pool basin would encroach 45 feet and the pool decking would encroach 52 feet into the required setback. 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 for variance, the Planning Conimission 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 viitucs of properly in the surrounding urea. The Planning Commission shall consider recommending approval for variances from the literot provisions of the /.ouing Code in instances where their strict enforcement would cause undue hardship because of circumstances unique to the indiviihiul property tinder considcniUon, and shall recommend approval only when it is demonstruted that such actions will be In keeping with the spirit and intent of the Orouo Zoning Code. Staff finds that there are hardships in order to grant the average lakeshore setback variance. The primary intent with the average lakeshore setback requirement is to protect any views of the lake that neighboring properties may have. In the past, variances have been granted to this requirement when it can be demonstrated that views will not be impacted and usually the evidence relates specially to the land and hardships are found. The uniqueness of this property is that its shoreline almost creates a small point causing a home to be constructed almost 150 ’ from the shore in order to meet the average lakcshorc setback when the neighboring properties houses arc only 90-95 feet from the shore. This means that the only alternative for a conforming pool location would be to move the proposed house closer to the road, which severely impacts applicant’s views to the lake. It is also w'orth noting that the existing house and deck currently encroach into the average lakcshorc setback and the proposed pool would not increase the existing encroachment. Also, the neighbor most impacted, to the east, has u pool in the lake yard which is much closer to the lake than the applicant’s proposed pool. But due to the ^04-3069 November IS, 2004 Page 4 of 4 orientation of the houses to the shore no direct lake views are impacted because lake views are straight out. Issues for Consideration 1. Are any views negatively impacted? 2. Does the small point create a hardship inherent to the land? 3. Are there any other issues or concerns with this application? Staff Recommendation Staff recommends approval of the average lakeshore setback variance request to allow a pool to encroach 45 ’ on the required setback due to the orientation of the shoreline creating a small point. City of Orono Variance Application EXHIBIT A 'O. street Address: 2750 Kelley Parkway Orono. MN 55356 Main 952-249-4600 fax. 952-249-4016 Mailing Address: . P.O. Box 66 Cryslnl Bay. MN 5532i-0066 Application U Qt-{ ~^CA.o^ Date Received ’ /O • ZO O'H Amount Paid. / „c)0- Staff: Fee: S600 Renewal TVcv. i\ (c— S300 After-lhe-foCt: SI .200 Double Fee This application form must be completed in full. App .cant v/iil be notified within 15 days as to the status of the application. Incomplete applications will not bo placed on Planning Commission Agendas. r^ROPERTY INFORMATION: , . Site Address: _____ Property Identification Number (PIN);I- |C7_ - XI O (Attach legal desciiption to application if not included on tho survey.) Date Property Acquired (month/year): T □ Yes. t own the adjacent parcels. Present use of property; (3 Residential □ 0;iier______________________________ Zoning District; ___________________ APPLICANT INFORMATION: (Complete.legal n«.“es and marital status required for each interested party) Name; G 1-L LCc Phone (home).Phone (work); 6 / T - 76 ^ ~i'>i i Address; ^^frV) l.fA. Email: •4«h-.*n..rlfiiil v-Fcix: ’75- ^ ^ VI OWNER INFORMATION: (Complete legal names c Name; « at <v.l-»ovj c_ r.d marital status required for each Interested party) Phone (home):Phone (work); Address; __ __ Email;Fax; DESCRIPTION OF REQUEST:m Estimated Project Cost; .$ Describe the request in detail (attach additional sheets if necessary); 7-\\.\qvo c __ o V. C vvn A ^<vX *'r U >• WfL'.- a Q CV.VJ •<* ____________^ Virv r V Ji .Orh : ^ r; ■4tr, t'x Atrr. •r. • I %j\ rntmmik iMiM required SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. ]zf Pre-Application Meeting Form, completed by a City Planner. ^ Completed Application Form Completed Hardship Doc:umentation Form U 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 B*" 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). M3 Topographic survey - including existing and proposed elevations. Provide one copy 8.5" x 11“ or 1 r X 17" for reproduction. □ Sketches or plans of floor and elevation views (provide one copy 8.5" x 11" or 11" x 17"). □ Additional iteris 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 rrpplicant rccogni/.os that ho/she is solely rosponsiblo for oubmltling a comploto application being aware that upon failure to do go, the staff has no alternative but to reject It until it is comploto or to recommend the rogues’ denial of the request regardless of its potential merit. Applicant’s Signature: Applicant’s Signature; Date: Date; OWNER’S ACKNOWLEDGEMENT: The owner hereby acknowledges and agrees to this application and further authorizes reasonabl- entry onto the property by City Staff, consultants, agents. Commission & Council Members fc purposes of investiaation arid verification of this request. 'o'Owner’s Signature; Owner's Signature; Date; Dote: Applicant must have all submittals into the City offices 25 days before the Planning Commissir Meeting. Planning Commission Meetings are normally held on the third Monday of each mont Applicants must bo present at all scheduled review meetings of the Planning Commission at 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 Planr assigned to your project. I n r mm* ., ' T «* < *• a »^• / >.* City of Orono Pre-Application Meeting Form (This form is to bo cornplotcc by a City Planner dunng your pro application meeting.*) Strrol Add'Qf.s: 2VbO Kt'lloy Patkw.iy Ototto, MN b03!)G Miiihnq Addra.~s P.O «OK 6G Ctyutat Oay, MM S&323-OOGG for O'' Use Only i Cl' ' .ificf ~____ Main; 9'.? 240-4GO0 rax; 0!i2-2-ty 4G10 Mceiino Dato/Timo iJcll^Oi PC Date: _____ WhnTis iho ptirposo of n ino-itpplic.tlion mcctin<i'<* Prc-applicalior. mcctiruja aid tlio applicant in pinparing n complete proposal, inform »hem of tho pfor,i?r1ijiC!S aruf requirements of the city code, and identify policies or legulations that crc.dt? oppoitunitios or problems for the proposal. /at./l ,c. PROPERTY IMI-ORMATION: Site Address: Property Identification Numbei (PIN). ’ ____________ /onirK) District; (/). !(!> ____ Size df’Propeity: __/^.i- l)l£SGRIPTION OP RF-QUEST; ':kl!Average Setback O Side Yaaf Sctb.ick tl Roar Y.ud Sclliai k '^U Hardcover U Lot Cov-'iage f t I ot Ahm I 1 Othet: JtA' iJIll'll n front Yard Selliack . 1 lot Width Applicant ’s A HARDSHIP: Applicant has leceived the I l.iidship Docuinent.rtion I oim. Initials. _ undeistancis it as it has been explained to them, and is awaie ttiat it must ' conipleted .ind sul.-initled in conjunction with their formal varianco application. OTHCR INFORMATION: ............... ............................................................................ *Pleaso noto; Your vaiianco application will NOT bo accct>tcd without a pre-npplication meeting duriivg which this form will be completed tjy City stall I*Applicant Signature: {/ __ Pate: / \ . *- • 4 t Pai'e 2 of 3 5.“UnduQ 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 G."The Board of Appeals and Adjustments or the Council may not permt as a variance any uso that is not permitted under this Chapter for property in tha zone where the affected person's land is located." .................................................................................—...................................................................................................... 7."The Board or Council may permit as a variance the temporary use of a onc-family dwelling as a hvo-family dwelling." _______________________________________________________________________________________________ 8.“The special conditions applying to the structure or land in question are peculiar to such property or immediate y adioinmg propr.Tty." __S c r. . c)-..................................................................................................... 9."Tho conditions do not apply geiierally to other land or structures in the district in wliich said land is located." 10.•■Tho granting of tho anphcation is neccssaiy for the preservation and enjoynient Of a substantial property right of tno applicant " ^Tv a C- .__. i).__Ixs---->..<* __.^.!^U_cL.JisJ-S. -J. .....— ____________________A lr;£ 1-Av<_ __cC.V r-Vw-<ian- ------------------- "Ttie granting of tho proposed variance will not in any way impair health. Svifcty, comfort, morals, or in any other respect be contrary to the intent of the Zoning Cocio " __________________________________________________________________________________________ «•> . (7 % , V‘< _ page 3 of 3 12."The aranting of such variance v^^\\ not merely serve as a convenione^ to tho applicant, but is necessary to alleviate demonstrable hardship or difficulty.applicant, but is necessary to alleviate aemonsiraoie naiuaniw u. u.mww.v,. A-V.ia r\-^T ^ vv. r-.. .V o>v V 1 7" 'i. I ' t ...i.-a/.vL. «L j» \a.<v\Li^v'» a > • • A V ; I ' Liu-.ty.'U *Lj» V'.'ivxLvav-k-A f uw "'a^.4 -V-a7. t=i.c I . ^. .0 ^ ^ .X- > StouM ™!lelrhr^a,dship'c^:no\'M in the above criteria, describe the uniQuo hardship practical difhculty or unusual property conditions preventing compliance vJith Zoning Ordinance requirements in the following lines (attach .additional sheets il necessary); s s c c 4*i' \ I V EXISTING- HARDCOVER •'r\ EXHIBIT E ■ > »• . •*.*/.V 4>ool J>asm • o-rs feet • • • ■ * ■ •. * • • Lot Artfo ^ ftp • * * 12,048 Sq.ft. ST 0^ HardcCvof o.ox • , •. • 75-250 feet • Bldg./Shod ^.454 Sq.rt. Dcc>/Pq t:o/Pcrch/S tcirs 1.B66 Sq.rt. Drive 4,583 Sq.rt Total Hardcover 6,903 Sq.rt Lot Artfo 33.125 Sq.ft ^ uf Hordccver .26.9 X 250-500 feet Drive • h032 Sq.rt Lai Area 25.04J Sq.rt n Hardcover • 0.4 ^ • ^ * i Total Parcel Art»o • *• • • 70,316 Sq.ft . • • • c •"• • • • • • •*• • ^ *• . •••.. . PROPOSED HARDCOVER . , / -* 0-75 feet ‘ ‘ ‘ Lot Area ■ 12.043 Sq.rt X of Hardcover ■; O.OX . « 4 1 ■ft' » • * •' i # • . . .75-250 fc-t Housc/Oaroge 4/30 Sq.rt —» Deck/PoUo 1,750 Sq.rt Drive/V,‘alk '1300.. Sq.ft ■ Total Hardcover .. .6,280 Sq.ft V.. Lot Area 33,125 Sq.rt• % X of Hardcover • • • • 2575 .% * / 250-500 feet \----— fS i T . ‘ ■.' ■•*;' # t *. • •••, • ?' • ' • ^ -•. v| - Vb .s •f I#- i. ' .1. ■■ ■ '"r M • “ •/'■*. •.•'T V- ■•’ •> .■•I • J f .• i*'.’• ^ *%• * ••• ...-• Vr** * fv\< * • . ■ •• ^ L •. .* ^ . .••• > V uv , . - . *• * V- • • . • ‘ I* • yr . V ' • . ■ • ^ •j » • • ?• ■• * • t V .4 > J . t . •. '•. 4'■. . '•• • .V ‘r^’ y % » ,• .» v'.....i4,V . v/ •• i'/ ' ’i *'’. • • •’•*V‘■v-”' *.* i Drive • Lot Area X Of Hardcover 1.032 Sq.ft. 25.0‘)3 Sq.ft. 0.4 X ■> > • •. i* * • ■ * * • • *• x ••** ‘ •* '’si ■ ;■; « «!'• • ^. V# ■*. .« • K r • • ■■' , •■ ■ ■ ' i TotC' ‘=’0'-c«f A'eq ?0.5‘5 Srrrt. 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J i^X w run DATE: lOni/WM 3» 2IH723210004 r,r M59 at»T WATERS ' eo ENPI^''^'^**^ 31 2111723220006 "'“"“un iTc“!ftSro»«.iso» Lir/ADORXME/ADOR ^^^2ATAMN 55391 31 211172322000;; "EiS"-— =s*“rsr;:, "V» A A*L. *’'0 mcnnehn coum«%r^„s“ IS 2111733210005 PROPADUR 2605 MAPLEKn)GLLA OWNER NAME ERIC H taxpayer »' P*UU.ON ^rvADDR 2605 MAPLE RIUCE LA NAME/ADDR 55331 38 2111721730005 OWNER NAME R A LUZAlf.H i 0 L ' TAXPnYt R RICHARD A A GAIL L LUZ AtC namdador 2^’°°'-:;“'''"'!";;,WAYZATA MN i53vl 38 2111723220007 PROP ADOR 2510 OLD BEACH BD ZcH name T.MOTHV POISON taxpayer timothy E OLSON NAME/ADDR 2510 old beach RD NAME/ADDR ^^^y2^ta MN 55291 38 2111723220008 PRO? AOOR 2530 OLD BtACI^O OWNER NAME ''*“™!“rSTAuSutaxpayer laurel partrioce -staubly NAML/ADDR 2«0 old DfcACH RO ” WA'^ZATAMN 55391 I CERTirV TIIATTHE FACTS M ^I'^REARSTHIS DATE ON Tl lU lUlCORDS OF MVmy knowledge and \c faM HV E I w X X S H s .irrriMG OEC ^ ^ REQUEST FOR COUNCIL ACTION t ur U h ONO DATE: December 13,2004 ITEM NO.: Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed: Agenda Section: >2j Public Services Director ’s Report Item Description: Request for Payment Number 1, Birch Lane Storm Sewer Project We have reviewed the information submitted by the City's engineering firm and recommend approval of tliis Request for Payment. COUNCIL ACTION REQUESTED: Motion to approve Request for Payment Number 1, Birch Lane Storm Sewer Project to Midwest Asphalt Inc. in the amount of $42,653.47 aeo 07 2004 15t14 BONFSTROO RQSENE RNDERLIK 6516361311 C:^TWACTOR*S COPr FOR YOUR FILE p-1 i/jiBonestno MMRoune HAndertk& ^Anodaies CnginMn & ArcMIfCts Owner Qtv of Orono. P O. Box 66. Crystal Bay. MN 55323»0Udtt Pate: Pecembor 7. 2004 For Period: 11/1/2004 to 12/7/2004 Request No: Contractor Midwest Asphalt Corp.. 5929 Baker Road. Ste 420. Minnetonka. MN 55345 CONTRACTOR'S REQUEST FOR PAYMENT BIRCH LANE STORM SEWER IMPROVEMENTS BRA FILE NO. 139-04-145 SUMMARY 1 Original Contract AfTOunt ^ Change Order • Addition Change Order • Deduction Revised Contract Amount Value Completed to Date Material on Hand Amount Earned Less Retalnage 5% Subtotal Less Amount Paid Previously Liquidated damages - AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 49.997 60 2 3 4 0 6 7 8 9 10 11 12 S $ 0.00 0.00 49.997.60 44.898 39 0.00 44.698.39 2.244 92 42.653 47 0.00 0.00 42.653.47 Recommended for Approval by: BONESTROO, ROSENE. ANOERLIK & ASSOCIATES. INC. Approved by Cont MIDWEST ASPHALT CORP Approved by Owner. CITY OF ORONO Specified Contract Completion Date: Juiy 30. 2004 Date: ar at Hmo 07 ?004 ISil4 BONESTROO RQSENE RNDERLIK 651636131!P.2 1 2 3 4 5 Item BASE BID: MOSIUZATION COMMON EXCAVATION (P) AOOREOATE BASE. CLASS 6, RECYCLE TYPE LV a NON WEARING COURSE MIXTURE (B ^ TYPE LV 3 WEARING COURSE MIXTURE (B) 6 BITUMINOUS MATERIAL FOR TACK COAT r 6 INCH PVC. SDR 26 a CONNECT INTO EXISTING STORM SEWER 9 SUMP CATCH BASIN MANHOLE GEOTEXTILE FABRIC 0312 CONCRETE CURB A GUTTER .. 4* PERFORATED POLYETHYLENE PIPE 13 CONNECT ORAINTILE TO STRUCTURE 14 BITUMINOUS DRIVEWAY PATCH 7* CONCRETE DRIVEWAY PATCH SILT FENCE - TYPE MACHINE SLICED SODDING TYPE LAWN Totiri BASE BID: BASE BID: • Bid Amount Total - $49,997.60 10 11 12 16 16 17 umi L8 CY TN TN TN GL LF EA EA SY LF LF EA SY SF LF SY Contract UnM Currant Quantity Amount QuanSly PriM Quantity to Data toDal» 1 5429.00 1 1 $5,425.00 355 12.36 343 343 $4,240.64 360 14 00 216 216 $3,024.00 69 51 00 62 62 $3,162.00 46 56.95 48 46 $2,733.60 50 2 56 20 20 $51.00 20 25.1'S 20 20 $511.00 1 415.rX)1 1 $415.00 2 2610.00 2 2 $5,220.00 900 1.30 600 600 $780.00 650 1475 608 608 $8.968 00 120 2336 100 100 $2,335.00 3 280 00 2 2 ‘$560.00 to 30.45 30 30 $913 50 500 8.55 683 683 $5,839.65 400 2.80 $0.00 200 6.00 120 120 $720 00 $44,898.39 Total BASE BID: Total Work Complolad To bato $44,808.39 $44,898.39 imrnU9m\!^ a«0 07 2004 16i15 BONESTROn RQSENE RNDERLIK 6516361311 P.3 c . ft PROJECT PAYMENT STATUS OWNER CITY OF ORONO ■ BRA FILE NO. 13Q4)4-14S CONTRACTOR MIDWEST ASPHALT CORP •» #« • CHANOE ORDERS 9 • Total Chang# Ordara PAYMENT SUMMARY No.From To Payment Rotainag#Completed I 1 1 11/01/2004 1 12/07/04 1 42.653.47 I1 2.244.92 1 44.898.39 I Matafial on Hand • Total Payment to Date $42,653.47 Original Contract $49,097.60 Ratainaoe Pay No.1 2.244.92 Change Orders Total Amount Earned $44,808.39 Revised Contract $49,997.60 139(M14SREQ1 $ DEC 1 2004 REQUEST FOR COUNCIL ACTlSSi^ ORONO DATE: December 11,2004 ITEM NO.; /5 Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed: Agenda Section: I*ublic Services Director's Report Item Description: Request for Payment Number 1, Lee Carlson Ballfield Trail Project Wc have reviewed the information submitted by the City’s engineering firm and recommend approval of this Request for Payment. COUNCIL ACTION REQUESTED: Motion to approve Request for Payment Niunber 1, Lee Carlson Ballfield Trail Project to DMJ Corporation Inc. in the amount of $61,725.25 D*o 07 000^ Ui-43 BOMPSTROO ROSENH BNBERLIK B518381311 P - 1 ©OMTRACTOR’S COf>V FOR YOUR FM-S KI Boncstroo ^^Rotenc m « Anderilc & AtsocMcs InvintfrifcAiiliilcitl O'^vhyf: City of Orono, P O Box 06, Cryctu! D.!/, MN 55323 ^ For P«rlod: 11/1 /2004 to 12/0/2004 D:ito Request No pBr^Rmhof 6, 2004 1 Contrdctuf: DMJ Corpofation. 2392 Pioneer TraM, H/imct, MN 55340 CONTRACTOR’S RFQlJFSTfOR PAYMENT LfcE CAKL30N BALLFICLD TRAIL BRA FILE NO. 139 03-126 SUMMARY 1 2 a 4 ft 0 7 0 0 to 11 12 OrlQlnal Contract Amount Chengs Onier • AtUliUon Chunge Order • Deduction Rovbed Contract Amount Vnltis Complntnd to Detn Mdltniel cm Haird *$ AiiMiiint EerriRd I Nnlnimigs (\% Oiilitutul I nRS Amount P«U1 r^invlounly I li|iilduled (ItiinMgntt - AMOUNI DUE THIS REQUEST FOR PAYMENT NO. S $ 6,500 00 0 00 f^oconwended for Approval oy: llONrSTROO. R08CNE. ANOCRUK A ASDOCIATE3. INC. App)uvoJ by Ownui CITY OF OKONO Spucifidd Contract Compiotion Date: __________________Ociobef 2tL 2004 Date: 69.802 /o 66.302 /0 64,9/3 96 000 64^9/3.95 3.248 70 6i;/25 25 OOO 0 00 01.726 25 tI5C3t2W|ffii1_s!§ Deo 07 2004 11>44 BONESTROO ROSENE RNDERLIK 6016361311 p.2 No. •«•«» PART 1 - BASE BID; 1 MOBILIZATION 2 SAWING BITUMINOUS PAVEMKNT (FULL DEiPTH) 3 COMMON EXCAVATION (P) 4 TOPSOIL BORROW 6 AGGREGATE BASE CLASS S MODIFIED e TYPE LV 4 WEARING COURSE MIXTURE (B) 7 BITUMINOUS MATERIAL FOR TACK COAT 8 15 INCH CB PIPE APRON e 13 INCH CS PIPE SEWER 10 CONNECT INTO EXISTINO STORM SEWER 11 CONSTRUCT DRAINAGE STRUCTURE DESIGN SPEC EA 12 RANDOM RlopAP CLASS III 13 CONCRETE CURB ft GUTTER DESIGN B618 14 install wood rail fence 15 4 INCH SOLID LINE WHITE • EPOXY 16 SILT FENCE • TYPE MACHINE SLICED 17 SEEDING ia SLED MIXTURE eOB 19 SODDING TYPE LAWN 20 MULCH MATERIAL TYPE 1 21 DISK ANCHORINO 22 EROSION CONTROL BLANKETS CAT. 3 23 COMMERCIAL FEKTILIZER ANALYSIS 22 8-10 ToUM PART 1 • BASE BID Change Order Number 1 1 BOULDER KE1AININO WALL Total Change Ofder No. 1 Part 1 - Did Amount Total - $2,200.00 Contract Unit Current Quantity Amount Unit Quantity Plica Quantity to Date to Date Lb 1 2290.00 1 1 $2.200 00 LF 16 b.UU b b $48 00 CY 302 11.00 302 302 $3,322.00 CY 175 13.50 175 175 $2,362.50 TN 640 21 00 599 599 $12,579.00 TN 265 45 5S 268 25S $12,207.40 GL 75 300 $0 00 EA 2 200 00 2 2 $400.00 LF 30 4500 30 30 $1,350.00 EA 2 600.00 2 2 $1,600.00 : EA 1 3200.00 1 1 $3,200 00 CY t> 100.00 ti 6 SbOO 00 LF 315 13.00 397 307 $5,161.00 LF 525 500 529 529 $2,645.00 LF 526 4 75 526 526 $2,498.50 LF 1437 1.85 1477 1477 $2,732.45 AC 07 100000 0.7 0 7 $700 00 LB 35 2.35 35 35 $82.25 SY 1555 2.45 1627 1627 $3,066.15 TN 1.4 60 00 1.4 1.4 $84.00 AC 0 7 110 00 0.7 0 7 $77.00 GY 800. 1 GO 902 952 $1,523.20 LB 210 0.55 210 210 $1 15 50 $59,473 95 SF 250 22.00 250 250 $5 500 00 $5,500 00 Total PART 1 • BASK HID: TuUil Change Order No. 1 Total Work Completed To Dntn $59,473.93 $5.!>00 00 $64,973.05 neniijtiifoi Deo 07 2004 11s44 BONESTROO ROSEME fiNDERLIK 6516361311 PROJECT PAYMENT STATUS OWNER CITY OF ORONO BRA FILE NO. 139-03-126 CONTRACTOR DMJ CORPORATION CHANGE ORDERS PAYMENT SUMMARY No. From Payment Retalnage I 11/01/2004 I 12/06/04 i 61.725.25 1______3.248.70 Material on Hand * . 7* 13909l2tREQ1.xl» -i.. ^ p.3 Amountno# 1 10/5/2004 This Change Order provides adjustments to this project. See Change Order.S5.500.00 Total Change Orders $5,500.00 Completed 64.97? '’6 Total Payment to Date $61,725.25 Original Contract $59,802.70 Retainaqe Pay No. 1 3.248.70 Change Orders $6,500.00 Total Amount Earned $64,973.95 Revised Contract $65,302.70 »• REQUEST FOR COUNCIL ACTION iJtC 1 2004 CM V U^ UhUNU DA'I E: December 13, 2U04 ITEM NO. IK'purinivnt Approvui: Nnmr (iregnryA (iiippa I'lUe I )ircctor of I’ublic Services Admiiiislriitor A}>t‘ii(lu Svvtion: I’uMic Services Director's Kepon Hi’iil Dfseriplion: SloncHay Development Stormwater Frunk Fee Credits Develrrpment I'runk Fee Credits 'I his 162 unit development is being platted in phases. Phase I was platted in June of 2003 and contains 54 units which is 1/3 of the units in the full development. The devel«*pment trunk fees for each phase ate paid when the lots in that phase are platted. Hie trunk lees for I’h.isc I have already been paid based on the 2t)(t3 Fee .Sehedule and a prorated share for the 54 units in this phase. 1 he fees for future pha.ses will be b.ised on the current Fee Schedule in the year in which they are platted and prorated for the number of units in the phase. I he development agieenieiit for the Stoneltay project provides for a creilit of Developnient Truiik Fees that have beett paid by the developer as compensation lor the additional costs incurred for the construction of trails, storm .sewer inipiovenienis. and water system improvements that pnrvide a regional lK*nelil beyond the improvements neces.sary to only .serve the development. Stointwater Trunk F'ec Credits The develo|>er’s agreement includes stormwater trunk lee credits lor the additional costs to construct a regional pond, and the jacking of an outlet pi|n: under the highway, above and beyond the costs necessary for the required facilities to serve milv the StoneH.iy development. .Stormwater Trunk Fee Credits of $I8H.()2S have Ikch approved which satisly all of the iei|Uiienients of the developer's agreement lor .Stminwatei I'lunk Fee Cicdits. Fhe total Stormwater Frunk Fee for the entire development is .$25.3,149 based on the 2003 Fee .Schedule. Fhe total fee that will actually be paid will Ik * m e.xcess of this .unouiit as the fees foi future phases will lx* collected at a higher future Fee Schedule rate. Fhe Stormwater Frunk Fee collected for I’hase I is $84,240. A summary of the Stormwater Trunk Fees accounting for this project is shown below. I’aee I t'f 3 Regional Fond Costs Credit, Approved May 24, 2004 Regional Pond Outlet Pipe Costs Credit. Approved October 25, 2004 Total Stormwater Trunk Fee Credits ___ __________________ 5148,109 $39,919 $188,028 Stormwater Trunk Fee Credits Approved for Payment to Developer (Uquals the Phase 1 Stormwater I'runk Fees Paid by the Developer) Outstanding Stormwater Trunk Fee Credit Owed to the Developer $84,240 $103,788 We had previously only paid Stormwater Trunk Fee Credits equal to the $84,240 in Phase I Stormwater Trunk Fees that have been collected by the City. The remaining $103,788 in Stormwater Trunk Fee Credits was to be provided as a credit against the trunk fees for future phases. There is at least $168,000 of additional Stormwater Trunk Fees payable to the City for future phases of this project that will more than offset the $103,788 credit amount. The withholding of these Stormwater Trunk Fee Credits and providing a credit again.st trunk fees for future phases of the pioject was questioned by the developer. The development agreement stales that "C. Credit Format Credits will be in the form of a reimbursement to the Developer for actual costs as verified by the City Engineer." We have revaluated this situation and have concluded that the Development Agreement docs not c.xpressly provide the right for the City to withhold payment of Trunks Fee Credits and then provide a credit against the trunk fees for future phases. The construction of the stormwater improvements that are eligible for the Stormwater Water Trunk Fee Credit have been completed at the Developer ’s cost, and arc providing a regional stormwater benefit. 'The staff recommendation is for approval of a Stormwater Trunk Fee Credit of $103,788 to Dahlstrom Development to be funded from the Stormwater Utility Fund and approval of a budget adjustment for the 2004 Stormwater Utility Fund budget to reflect this expenditure. Professional Service Fees The Developer is responsible for payment of all costs for professional services, including legal, engineering, and planning costs, in excess of the co.sis for these services that are included in the zoning application fees paid for the project. There is $6,146 in outstanding professional services fees that iK*cd ii* W paid by the developer on this project. Our reci>mmendation is for the payment of these outstanding profession;il service fees from the priKceds of the Stormwater Trunk Fee Credit tliat is owed to the developer as detailed K-low, Page 2 of 3 Stormwater Trunk Fee Credit Payable to the Developer Professional Services Costs Payable to the City Net Stormwater Trunk Fee Credit Payable to the Developer $103,788 $6,146 $97,642 The staff recommendation is for approval of the following motion to approve payment of a Net Stormwater Trunk Fee Credit of $97,642 to Dahlstrom Development. COUNCIL ACTION REQUESTED: Motion to approve a Stormwater Trunk Fee Credit of $103,788 to Dahlstrom Development to be ftinded from the Stormwater Utility Fund and approval of a budget adjustment for the 2004 Stormwater Utility Fund budget to reflect this expenditure. M^jtion to approve payment of a Net Stormwater Trunk Fee Credit of $97,642 to Dahlstrom Development. Page 3 of 3 KKQUKST FOR COUNCIL ACTION DEC 1 i 2004 CU V O^OMC’^^0 DATE: December 13,2004 ITEM NO.: / 7 Department Approval: Name Gregory A. Gappa Tilk Director of Public Services Administrator Reviewed: Agenda Section: Public Services Director's Report Item Description: Accept Did for Purchase of Navarre Park (iarage We have advertised in the l.aker/Pionecr Newspapers rec|uesling bids for tlie purchase and removal of the garage located on the new City property adjacent to Navarre Park. One bid in the amount of $500 was received from Dennis Bruce 3425 Uvitigston Avetnie for this garage. Mr. Bruce lives directly north of the new c:ity lot and has just received Council approval for a variance to move the garage onto his property. The foutidation uttd site work is currently being completed with moving of the garage as soon as possible. I'he staff recommendation is for acceptance of the bid for purchase and removal of the garage located on the City property adjacent to Navarre Park. COUNCIL ACTION REQUESTED: 22 c Motion to accept the bid of $500 from Dennis Bruce3435 Livingston Avenue for the purchase and removal of the garage located on the City proiierty adjacent to Navarre Park. UKODI-S I H)K tOl)N( IL AC I ION DEC 1 ^ 2004 Cl IY OH OHONO OA'I i:: December 13.2004 n KM NO, Dc’parlilirnI Approval: N iiiih' (itcy.oiy A Till** Inu'itoi ol l’iililic Sci vices Admini-slrator Uevioved: Iti'iii llt'Ht'riplioii: Apim»ve l’uieli;ise ol Poblie Works I factor Mower AKrml>i Srrlion: I’uhla Sci vices liiieclor's Report rite 2004 Improvement niul l-quipmcnt Outlay l•ulul builpet includes Jso.tKH) lor the replacetneiuof n public works I0 ‘»2 J»»ltn I )eere Model Roadside Tractor Mower. The existing tractor mower is in fair mechanical condition and will Ik ‘ traded in. The exi.stinp tiactor ts only rear wheel drive and at times becomes stitck which is v\.v ineHtcicnt atid retjuires sending atidilional eiiui|Mncnl and personnel <»ul inl<» the field. The new liacittr will be all wheel drive to pros ide belter Iractitni. I his new tractor and ninwer will be puichased thiouph the .State of Minnesota Coopeialive rutchasing I'rogratn. John Deere Model Sdi.** ’Tractor. Scltarber &. Sons Inc. K.xisting Tractor Mower Traile In Allowance Tractor I‘osl With Trade In Allowance 0.5"/o Mimiesotu Sales Tux I'nlul 'I'raclnr ('tist Diamond l")SF-75(' Side TIail Mower, Diamond Mowers Inc . 0.5% Minnesota Sales Tax Total Mower < osl $3K..S00 ($13.()()(» S25,8(n) % I ,oso S27.4IMI $10,700 $ 1 .090 % \ 7,790 The stairiecommciid.ititin is Tot approval ol iTie following motiom authorizing the purch.i.sc ol this c(|uipmcnt at a total cost of $45.2 ’/0. C'OIIN( II. .\<HON KI:DKT.SI T1): Appiovc puicli.ise ol a Public Woiks icpl.iccment John Decie Tractor from SelurlK ’r & Sons Inc. with the trade in of the existing 1 99.' John I >eerc Tractor Mower. 'Ilie total cost with the trade m allowance is S27.4KO to Iv funde<l lioin the yeat 2004 liii|>i«i\cmenl aiul T'i|uipmeiit (hill.iv Tuiul builget. Appiove piitcliaseof a Public Wotks lepl.iccmenl Side Mail Mower ftoin Diamond Mowetsinc.at a total co.st of $17,790 be funded horn the year 2004 Improvement and Lqutpmcnt Outlay l unJ budget. SUBMIT TO U.S. EPA HEADQUARTERS December B. 2004 Attn; Janet Pawliikiewic? Mail Code: 4601 M U.S. Environmental Protection Agency 1200 Pennsylvania Avenue, NW. Washington. DC. 204G0 Dear Ms. Pawlukiewicz. I am pleased to inform you that Orono has conducted and completed a vulnerability assfjssment tfiat w.is generated by t!i^» Minnesota Rural Wiitor Associations Security and Emoryoncy Managoraent System. (I have attached .j copy of this assessment as required under the 2002 Biotorrorism Act) I certify to the Administrator of the U.S. Environmental Protection Agency that this commun ty water system has conducted a vulnr?raljility assessment that complies with Soct on 14aa(a)(1) of \ho Safe Drinking Water Act, as amended by the f^jbhe Health Security and Biotorrorism Prr^parodnoss and Response Act of 2002 (Pul)lic law 107-IBB. Title IV-Dfinking Writer Security and Safely). Additionally, I am pleased to certify to the Administer of the U S. Environimontal Protection Agency that this community water system has completed an emergency response plan that complies with Section 1433(b) of the Sale Drinking Water Act as amended by the Public Health Security and Diolorrorism Preparedness and Response Act of 2002 (Public Law 10/-IBB. Title IV • Drinking Water Security and Safety). T he nmeiyency response plan that this community water systiMii compiolecf, incorporates the results of the vulnerability assessment completed for the systcjm and inclurfes "plans, procedures, and rdrmtification of equipniont that can be implemented or utilized in the event of a terrorist or other intentional attack" on this community water system. The emergency responso plan also includes "actions, procedures, and identification of equipment wtnch can obviate or significantly lesson the impact of terrorist attacks or other intentional actions on the public health and Ifio safety and supply of drinking water provided to communities and individuals." The CWS has coordinated, to thi> extent possil)lo, wrth existing Lociil Emergency Plannirig Commilloos established under tfie Eniorcjency Planning and Community Riglil-lo-Know Act (42 U.S C 11001 ot seq) wfierr preparing this emergency response plan. I further certify that this documf'nt and all attachments w<ne preparmf undm my d roction or supcrvtsion. I am riWtiro that thc^o are sigrrificant penalties for sulrrnitting false information (Safe L)ririking Water Act (42 U S G 300t ot seq.)). VULNCRADILITY ASSESSMENT and EMERGENCY RESPONSE PLAN CERTIFICATION INFORMATION System Inrormation Public Wntor System (PWS) ID Number: System Name: Orono City: Orono Slate: MN MN1270041 Should you noed (utlhor infoimalion please cotitacl Grog Gappa of Otono at 952-249-4621 Sincoraly. /^/^I • if-c-timg KKQUKST FOR COFNCII. ACTION OEC 1 5 2004 Cl IY OF ORONO DATK: D jcciu Ikm I 20(M 11 KM NO.: l>i‘|iurlmi*nl Approval: Nullli* (iic^oiv A (i.ipp.1 I'illt' Diiccitit ol I’lililic Si*r\ii'cs Administralor Ki-vif«tt-(l: A}>t-ii<l:i Si-iiiun: 1‘iihlll I )ilciIki's Ki'poM llcm Dc.scription: I minoni Domain Kosoluiion loi the Uuvh l .cic Drainayc I’mjici- Rcsolini.m Kasvmvnt Needed for Hireii l.aiie I'rojeel Phase I <»l llie liiieli l .aiieiiramai’e projccl has heen eonslmeleil. I his pn»jeel was to install concrete curb and putter and catch basins on Mirch I aiie. Hie street was crowned, so the water drains alonp the curb and putter into two catch basins at the Hirch l ane/ Haldiir Park Road intersection. I he water Irom the catch basins on both the in»rth and south sides of Mirch I ane now drains south to Crystal Mav. Phase 2 ol this piojeel is to eonstriicl a pipe and swale system to drain the water Irom the north side of Mitch I ane to North Arm May which would firovide for nitration i‘rthe stormwater throuph a larpe wetland before discharpe into the lake I his project includes the installation of a 10" pi|ie in the City ripht ol way on the west side ol Maldui Park Road to a point I.M) feet noiih ol the intersection aiul then construction ol a draiiuipe swale Ivcause the pround elevations are U h> low to coniiiuie the pipe. I his swale would continue north ah)np the road ripht «>l way then cross a small privately «»wned vacant unbuildable parcel to drain the water inti» the wetland adiacent North Arm May. We have also liad discussions and meetinps with the (wvners ol the property on both sides ol Ihis vacant paicel, and they are not inietesied in praniinp a dramape easement to the City. Our reccmimeiulaiion is tliai obtammp an easement across the vacant parcel is the Ivsi i>piioii. Kascim'iii Nopotiulioas The ownei ol the small vacant |>aicel lives in Washinplon Slate yMihouph this lot is platted 2.‘'U Icei out mu» the wetland, tins parcel only has about l.(>(H) si|uaie leel *»l aiea above the ‘^2‘> 4 coimnir. which is all within the IS' setback /one We have sent several Idlers to the pio(vriy ownei olletmp a puce ol lor the 7.S() Mpiaie loot easement Ihere have also K'di several phone ci»nvcrsatiotis with the property owner. We have Iven unable to reach an apieemeiil with the pro|viiy owner lot this easemenl. Pace I of 2 *1 The owner Ims expressed concerns ahoiii an easemeni resirieiing possible fiiiure devebtpmcm o| Ibis parcel as lie is envisioniii)! inslalliiif.- a dock on Ibis properly and lilliny ibe weil.iiul Accouliii}.' lo t’ily rej-’iilalions. ibis loi is noi allowed lo have a dock witboul a principal slniclure. and is unhiiildable iKcause ol ibe eMicinely small I.WK) sipiaic Tool dry Iniildablc area all witbin Ibe 0 to IS" lake setback. An appraisal has now been coinpkied dial scis a value tti .$I/)(M) of loi a diainaee easemeni across ibe small vacant parcel and also contirnis die unbuildable siaiiis ol die parcel. Hie only sipnlUcani value in ibis paicel may Iv lo aiiacb ii lo an adjaccni parcel Seiccled sections ol die appraisal re|>orl aie included loi youi leview. I be pro|>eily owner bas been seni a lellet wiib a revised oiler ol $1 .(KK) in accordance witli die appraisal valuation. I beie bas been no response lo Ibis leiier <*r phone calls lo die pro|H‘riy owner We have been discussing ’ tins easeineni with Ibe pro|Kily owner since June with no proj.’icss towards resolvini ’ die issue, so in die receiii letter Ibe iKissible auiuisilion ol the easement by emineni domain pioceeilmjjs was iliscusseil. SlalT Kecoiiimeiidiilioii Our reconimeiklaiion is lor ('ouiicil approval of die moiion aulbori/inp emineni domain priKeediiips loi die aci|uisilion of Ibis drainaee easemeni wliicb w ill put die pro|>eriy ow ik t on notice Ibal ibe City is serious about die acquisiiion of ibis easemeni in a limely niannei . Ilow'ever, die resoluiion tioes include lanpuape allowing lor crmiinued nejioiiaiions w ith ihc pro|U’i'ly owner to try and reach an acceptable seiilemeiil. ( OUNt II. AC I ION KI’IOI l l>: Moiion lo approve die re.solulioii aulbori/.inp use of l-mineni Domain proceeiliiips. if an .lecepl.ible a^ireemenl cannot Ik* reached with the property owner, lo obtain a perm.ineni draina^ie easemeni aeioss a vaeani parcel, adjacent lo It.iKlur Paik Road to allow drainage of slorimvaler from die Mircli l.ane neig.bifoiliooil into North .Aim it.iv. Page 2 of 2 A Rl SOMiTION \l>HtOKI/JN(; Tlli. PFHMANIINT T \KIN<; OI I.AM> HV I MIMM IIOMAIN I OR f ill HIKC II LANI DR AIN \<;i li<i)JI <1 WIII’.Rr.AS. llic ('ilv (*omictl lus lU'fnniiiu'il IImI il is nacss.ii\ iiiul in the public interest that the ( ity aei|uue h> eminent iloinam a permanent ilramape easement hn public pm poses at the location heieinaltei spei il'ieJ \MII’RF \S. the ( it> ( inimil has orilervil preparaliim ol a resolnthm auihc»ri/irii! the iakinp ot such easement b\ eminent ilomam. anil anthoii/me the CitN \tloine\ l<« cimnneiice coiulenmation proceeilmps I llI RFFORr, HI I I Rl SOLM l>. In the( it\ ( oniicil orOiono 1.that it IS heiebs ileteiinmeil that the taking* ot a permanent iliainaee easement lor public pniposes o\ei tiu* paicel ol laiul set l«»ith in paiapiaph I hcieol is necessary aiul in the |nil)|ic mteiest Ihal the ( il\ shall aci|nne b> enniii*nt ilomam a piamaiient iiiamaee easement Im public iniiposes o\ci the pauel ot Liiul set loith m paiar'iaph *1 heieot. aiul lhal the C’it\ Attoinex IS lu-iein anth<»ii/eil aiul ilnecteil U* Cimmieiue conilemnatum pii»cecihnps. nichulmp a nuUiim tm ' i|iiick t.ike * tiansler i»l title aiul possessum m the histiu i ( onil ol Hennepin ronniN aiul tm appointment ot ( immnsMt>neis to iletcinmii* the ilamaees. it aii>. siistamcil In tiune peisons with inlciesls m the piopeitx as a lesiilt ot sneh takmp .h I hat the ( its AttiUncx is heicbx tnilhei .lUlhmi/Cil to aci|nne such |ieiinanenl iliamape easement ihnMiph si-tilemcnl with those peisons mill mteiests m the piitpcitN, it such pi im.iiuait easement can be *Ui|mii(l thiiuieh scttli inenl •I I hat the laiul ii*ti iieil to aboxe is inmi o.niu nl.nb ilesciibcil .is tt^llows A pciinaiu nt tliamapc e.iscmeiil toi the benetit i»t the publu o\ci. tiiulei .iiul acioss. the luMthnesieilx 10 teet. ot I iU lt». Mloi k Mahlni P.iik, I lennepm i iMintx . MmnesiUa. acci'rdm^ to tlli* |d.it ihcieot on tiU tu id icioul m the otluc ot the Keeisli.ii ot I illes in .iiul toi saul C luinlx Adopial In Jhc C'iiy ('(Hiiii il ol ilu? ('ily of Orono. Mimicsota al a fcpular incclitip licld on IK'ccinbcr 2001. A’ni:ST: t.iiula S. Vcc. (*il\ Clerk Itaih.ira A IVteiMiii. Ma\or - - <S !0 lAKf aev 02? r.4 A V1J I ? •!• I;i.!,(;it - .. IP .' Wl: ■fe Il‘‘t IM v-*^" hi '■?•«•' o.<Vrf ■/^ ^U^Vv/f ' P'ff ••'^ .-■■ ' A /N.i-il V > ^ -\ 1.^4 00 !l/AC AU"\•* 1‘ • .* v«o “ - »6 73 -• ^ 1 1 IVvlLCEL ^ VC ^ y.» 1 m \hM n cfiAiif.• V «* « 1 1 ^ « »n1 'J nilR % : \\ ••n V it* •».*n w< \> u* m \ 11 f flf)94 00 •• II1^ ^y?5^:.‘i LbC5 I U/lbf PILMIJ^6^ eASCMCUT r« witit. '» ;»-{ » '« .4,; ^luation ^ GROUP, IK'" 2004 Appr.iisnl Koporl Vat .ml land on Lake Minrudonka Owned 1)\ Reginald Spindler located on llaldur Park Road Orono, .Minnesota •’! \ » *4 * , • . •-.11 ^ _ • • J ' • \ "i " ‘ /v ^ . • .‘ft. »' • :• >! I* - i; .V " % *r U r t l'w-' •* V .h .* ■ i t • V PhilKMilti hr iilrxafil Siiiir l(»S Pluiiotitii MN *)'» l »(i 763 0000 nuuf 763 ^2Vfef»''S /4i |*nrttipal% I'ju <. biU,.. M\: MS 1 l*‘. C C I leJ» MAl Mcii «I4 H StAl 1 iuiiitj; 1 I *J ’ *‘IAI !»4>«dS M Stuf? I \*A! A K- '• n*l st-i | October 20 2004 f^ori Moorr.f*. City Adrn'fH^lrator City of Oforii) 2/*j0 Kolley P;irkw;iy Oiono. Mt>i Rli:Cc»mpl»'tc'MifniTuiry Jur*l Cornper.satjon iippraisa’ V'actint land on I iike Minnetonka ovvned by Reo nald Spindle? Located cni Ralcluf f ’ark Road Orono. Minfiof»ota Dear Mr Moorse: In accordance vvitti your request, insportion and rna ^e: va’v.tr appratsa' on U>e abo^e-referenced propedy Ui^w been completed We have conr.idered aV the pe.-.r .fa::tofs relatma Xo the subject proport> and tt^e ciifienl market forces I ho attached report eonl.nns the pertinent data, summary ot tiie analysis completed commentary and value conclusions pertam.np to th.is rea* estate Ttie use oJ the follovutirj ti-por1 is to provide a supj'orted cjiirnon of the part fil takinn Just Compensation of Uie vacant fee r.imj)!e interest of the subject property as r i Or.tetrer b, ”004 1 he date of ffte projrerty inspec tion V..IS Octotrer b. ?004 ■| he f ut>j«s I IS a vacant sideyatd (sircel located on the west side of Pa'.dur Park Road and tins fror taae on I ake Minnelunka While the gross area contains apprcemate!> l /.OOO sg ft Ihe western portion of the plalt»‘d site extends into I ake Minnetonka, and most ot the parcel is wet and 1 he n.mow eastern elevated usal-le airni totals aj'j'iu.iiualely 1000 sg It . with only 000 sq ft K-mg outside ef th*‘ de’ iieated wctuind There is 7 0 feel of fionla.x on Baldui Road with it widening to the west 1 he City is to acquire a (iiamarie e.isement over ttie northerly 10 feet of the subject tngtiei <*!evation portion The proposed cascm<‘r.l will total /bO sq It. wtnch wiH a’low for a swale to be installed provding dra-nage into the wetland and the lake Cle.irly. Ihe sut»je.;t IS not a buildalrle parn*l due to its small gu>ss s'ce. its narrow widtfi. and tne vast rna iority t>eint5 within the existing lake and wetland 1 hi' tiic ’^iest and best use is to assemble the subject vvth ariiacenf or tu atby existing single family dwellings to allc A for a secondary lake dockage In addition, the .l■.•.emt<l.lge may allow winter storage of a boat or fitowocx: on Ihe small 1C00 sg ft usal'le portion After tne taking, stohuie for a boat is dimmisfieJ, yet the more valuable second.ey dockage rights remain lolly intact 1o i'«n nclj.icent principal struclure i i Hoti Mooij.0 C)c;lol>ft 20. 200-1 Hogo 2 OiJi liiis tlirtd*- in :.onfoiiiiity with Itii- llnifomi St.indnnls df Pi.ii I k f- (l)Sf’AI’), find Kit: Codf of I’fofossion.il f tfncs and llii' Standaid- of f'(ofi:;.!>!tinal AppMis'il f'latlKo of Itit Atipraisal lii‘.>litiiti,- llu- v.iluatioii av.i()ninf:i.l was tfiat ( t a "i.ompli tf a{i(>iai; a!' and ■•.iiiarnafy iep>.'M a*, d.-firifd f.y lit.l'AI* To Ihf lies! of oil? kno,vlt:d(j*? and t'cliof. Ifio U.ita tonlaintd in thP atlacfn-d inp>ort i;. tx-lif-vod to I k- reliable Ni-iKifi out i-miiloyinonf In rn.iko |tu«. appiaKa! nor Kio coinpon*.ntiori receivt'd is contingent upon ttie con- ( lut.ions oi values reporteil herein Itir- appraisal is subject to the special and general lin itmq conditions contained on ftriije? / through 9 (please review these assumptions L>elorc-“any ci trie values or condijsions are relied upon) Ltased upon out observ.itions and Invesligation. it is out opinion that itu- sut»n‘ct tiad Kit- foliciwuKi fee simple market values as of October £», 2004. sul'ject to lirniia'ions a»:d conditions as tit.-ieinaftei i.tal* d. iti thr-- amount shown I k-I ow BEFORE TAKING: AFTER TAKING: JUST COMPENSATION: $20,000 S-IBAQO $1,600 Tfie $1,000 in damages foi ttie/bOsq ft drainage easement amounts la $ 2 13 sq ft It nat t'ei -n a pleasure to serve you in this manner Feel tree to tont.i.:! ti;. it yoc have any qjer.tions o' concerns SUBJECT VALUATION (CONTINUED) Analysis and Conclusions Bvlofti Taking Givf?n !hf* suhjfcl s ufujsu;il lfn!uf(fs ;irid hirjlMfSt nricJ hi?sl ijM- ;«s rissofnt)l;i(]f to providi; scToridriry f1o(.k;irjH for nrj j;k ont fO!.i(Jf?rif:f*i, it is difiK Ult tf> v;iluo Clerjflv tfH* sutijtfct to bo v.ilueri as much loss, thiiri a build.itilt* liikoshofc^ lot or oven a non l.ik(*s!iorc? buildabfe lot v^hi.‘fc* there would tuf an esialilished market •inrj slroruj do-rriancJ Tin- limited utility sideyard parr.e! s.ales typir aliy fan()r- in value tjelwee*ri Si000 and ShorrC) lhf» sut>|ei:t provides more Viilue than this given its secondary lake figlil?> More over a t>oat s.toragc? or similar usr» also v/ould havi* appeal to a nr.Mrtiy owner v,ti(»n* lot si.^es commonly an small The non buildable compiirables having t ake Minnetonka duckagu rights generally are valued from $30,000 to S/O.OOO. depending upon the lor .ilion. access and the shoreline le.itures Since all of the adjacent and nearl)y propertu?s alrt^ady tiave good laktfshore the ajjpeal with second.iry dockagt* rights associ.dc*(t with assembling ttie subjrM.t sidevard is not as strong Clearly a much tiigh(*r value would havi^ t)ei‘n possitile if adj,ira*nt jiarcels did not h.rvf* lake* ac cess Since Itiey all fiave existing frontage and dockage tfie utility appcsal and value of the subject is (fiministied significarrtly A valur* of SIHJ.OOO is r oncluded to summanze. a greater value ts no! attainable for the fok lowing reasons ■ l imited amount of diy usable land -only 1G00 sg ft ■ IV)or lakefront featun*s wilfi the oxtenstve df*gree of wetland!* and shallow open water doptfi in bay ■ Wetland** dimimsli vit*w*. and m«iki ‘ constiuction of a d(H k difficult arxJ ( ostiy ■ Installation <irul mainUMianct* costs witfi a lengtfiy dock dimmisf) tfie «ipjkmI and v.ilue m All adjac f*nt and surrounding prop<*rties already enjoy lakesfion* rigtils and docktigr* ■ I tie sut»je( t t.anruH In* usetf for diu k.nge l>y anyone utIuM ttsin «m adjacent or ntsirt>\ jirojierty wilti .1 jMiiK ipal use ■ Use of a subject for a second dock for an adjacent properly would no! be allowed ■1 Asseriit)lage wiUi nir»er untniild.ifili* sidr*yard par ( els on trie wdiikl still not create «i tMiildalile lot If pnccfd aliove S?0 000 ttiere would tie no inter(*sted buy ers from trie nc'igfiborfiood If priced near S?0 0()0 inter est from an adjacent projif*rty ov^rier wtir> would tir? lypi cally mot»vatr‘d stiould occur I he majririty of Itie $?0 000 value conf.lusion brdore thr» taking is attributed to the lake rights v/itti ttie small side yard stor.ige use only providing mimmal value estimate a! $1 00 tier usable sq ft or SlbOO Ifie $1 00 per sq ft is supfKilterJ liy tfie prior sidc*yafd cxirnparables Conclusion; $20,000 of wtiich $1600 is allocated to ttie 1600 sq ft iisatiU* area for storage; use. and the balance of $18 400 to the lake rigfits After Taking After 0k‘ taking tfie lake* rKjfils and secondary dockagr use for an adjacent jKopt*rty remain int.icl Only Uie boat storage use is eliminated du<* to tfie swale v,^fm h will fully eri( urntHT tlx* road frontage area Hence lost wi!i t>t* tfie Sl<»00 value associalt*U witfi tfie 1G00 sq ft of us.itile storage spar (* Conclusion; $18,400 of which is fully attributed to the lake rights Just Cornpensatipri Just (aimjM'nsation is summarized as follows Market Value Before Taking; Market Value After Taking: Just Compensation S20.000 $18.400 $1,600 I he in d.irn.igc’S for tfir- /f»0 sej ft drainage ease- men! amounts to $.' 13 sq ft f*lease review the ‘extraordinary assumptions special limiting conditions, and fiypulheticuil conditions’ section of tfiis report on page 9 before relying on tfie values or otfier conclusions m CITY PLANNING DIRECTOR MEMORANDUM Add«nda-7 MIMOK WIM I o: J'loiii: Sniijii I: Inch Miiiifc, ritv Ailmiiii' li.iiitf Mii.( ri.iiiiiiii'' l>mvt<ir S'*p!ciiiIht |m, | F<iiil.!.ihilily Status J’l's'S O.S ||7 2.< < H.J.lai Itii. h I am It ^ t»u h.ivr iiijiu stitl an aiialysi*. ot tlic IniiliiaF'ilily ol the ahuvi ii tt irru taJ pa:u 1. ovei w !m li tlu- ( il\ iniftul!. to au|iiiii a tliaitnu-r (a^ciii! lit I ofin tlif Icllownit* i*»mntctitt hiMru l I K I( Smyir I ainilv I akisliou- ktMvIn.tial F >! l:i. t NFiinn-mi) I..| aica n iimivil U..S acre (.'F.'^fNO * I ) »ljy Fniil.laMc NFiiiiiiuiiii lot i( vjnnnl F(*('’ at sluucFinc ami at 75’ sftl'av Fv iJ I xisiiny lot auM At (ill' •. au a |K 1 IFi-nm|'ii; ('ounty F 7.424 it t> 4 a»rt Ml \li>'\c- till- 4* clfvati'in. I'asnl imi adioitiinit piopcrts surscN slu'v. ;ny I'Kalion I'l'Cw 4'M'tiii'ia Mi'idjif ’ imi.U acre I ’l F \i. liiM\f I'l \Milaiii!' p'.t Ml \\|) \u!!.t;t,i niaps 5U''f OMI) acre h i\ my cuimution that on tht infoimillion ni,iH,iMi\ /• i/nin I 2(i lu to is tin fniililiihh' iaiul. LI I xi'.imp lot w tilth at 'i2'i 4 ’ sIiom Iiiu' o'iitour 2"’ - at <5* si thai k ( '5‘ .sriliai F. is in llir plaitixl road ri.ulit v! \vav| //rr tat is iipjuoMmnti lx IP' u iJr ut ihr lotn! liyht of n or tnu LI lvi*t|uii« il M tl'.ii Fo. (l\«Mt I Street .<5’ (I ti'Mll I akc • 75' Sidrs |0 iho lot this no liiiililtihlo iVM «7o/'« moi'uny lOijiiiiOil svtl'iU'ks, !J ll.iidi ou t all"u.im:f (\(»\l l tin iiiis,- the rniiio tot <mv? tiWihoaittof tho ‘W.4’ oonloiii is |, ^^ th,in ' fiom ttii' Ink), t/h' tot is not iilli>woit nny ftiitdcoYot', r J ’JN ’S OX 117 ;M (»025 Scpkmbcr 10, 2001 P.ii’.c 2 U Sfwci A- W.'ik'i A\'ailaliiliiv:I Ik pio|M ii\ w.is ;ioi pro\ id( il w iili a seun sinl> a p.io of the 05 l.S I prop', I iliai 5rr\rs the aita. and \^a• not a d lor nniniupal sewn Miiiih ipal watci n not a\ailal<!i- ii, ila art-.; LJ I'otiiilial lot a. t «-i.!.oi v Miuolurrt. I hr pu.pctl\ ha:, no pimnp.d mhk tutt. and Iharlorr nndri sui h a.s dork:., rk'.; (Jroiio Uidinanrcs, no a* irvoiy sOiu tnte Wduld he allounl □ Assessed value ( (i.NCI I SIONS: Ih iiiK pin f oini\ i.is iruiid.s induatc art as.sfsstil \.iliir ot SlftOn .,i,d amtiial la.U's in ihr ainoitnl ol S*’ 76. Jay icroids indnatr iIk (iirirni owner arqtmcd till juopntv M,||K III,,,. |utv\mi loV.1 a„,i i.iyu 1 in- |v:4 a .‘.r-.Md \.dnr was yi.'^O, with a total tav of (i.V I \\<*uld conrlude that tins patr land pojiion ,»fihe lot is loo Miiall aiul loo elose to the (H 1\M ol 1 al.e Minnetonka to allow any stiiu tinis I stal'Iisliineni ot a patkin.e area on the site w.niKI K\|m!c .sethack aiul liardiovc: vaiianees. sinee the ( ode alh»w> m> .eradinr within .‘'‘e*! lot lines amlnohardeoNet within -s'o! the OIIWI , Thepaudhas little appaieiit \alue to any adiaecnt pioperties miu e it i ontains so little dry hinhlahle area C naiitiiie ol vaiiarucs lo allow any use e>f llu piopeity that leipaiics erealion t>f ha:deo\er Would he hielil) unusual. INTRODUCTION. IDENTIFICATION OF SUBJECT. AND SUMMARY OF IMPORTANT FACTS & CONCLUSIONS (CONTINUED) PJnl WLnj}_SI)5MDlJ PiirL'iO \'f I <r IN IKODUC MON. 11)1 NMI ICAMON Of SlJfiJI Cl. AND SUMMAKY Of 1MIH)KIANI I AC I S & CONCI MSIONS (CONTINUf D) • f T-«W •T" **’f "^*1*» ?00() ArrijI Ph(»to •»• «• / w \, 4 5^ !• .-'i- ic: 1 “• V f* • * ♦ • *w 4^?‘> Y -T: jS ^\t-.#'; ■ '-Z * ’ .. ' '•••, : . , •*• •••;. • •'- ■ "..• \] I : -J'. ‘ i* y . t J ' ^ .tw ^ ,f..'- .1 -M • ,ta n SUBJECT DESCRIPTION AND ANALYSIS (CONTINUED) Partial-Taking Description iru? Cily of Ofono is inliMoslod in n pnr1i.il Inking of Ifio sut»)fc:! for tfii* usf of n (Irnin.irjr? isisomont I fie City would like* ;i 10 fool widr* !itrip nloruj the nortlu.*rn odcir of Ifir* fiif|h'u!..if)lr* portion of tfio !»ut»)r.*ot Ifiis /!> foot long nwnic? from l^.ildur l*«irl- Kd \u Ihc* of Ifio wtitl.iiuJ conlnms /!>0 s(| ft {;^rQjecte^f Pr^iifiiKie Etisement ' I..r-'X’V • V ^ V.' f r ’ ^-v., \ \ ^‘vA'......— V ' —S V '''y)^V,. ylo u/it)f OkNUKCf SWikLf _ ilfrw :• »*» ^ I * - #\ ---^**N ^10 V'*'3 ■ ■•' 1 'V . H |»OBjECTi!HOltii Add«nda<d ^ >1* " ■MI ■tfjt A t\'* i'‘ ",f '‘i ;■ -•••r^Kfi’''**• • it ^'' I ,?J *k‘ ^ ^^ .V k -4;' .r . V • '^*1 ‘I . •• .1 'v* •».%; t f > « . / t • * • ' ^ • ' V •. '. • ‘ ,; •- 1 - . •tfi i • i 4 ’i • ^ . ':y ■ :• •Ut> ‘ ' • . .« *•■ .V,X... , • .- r -- ■*• ■• ... v! * < 4 • V ’ .* I» , •*»» ■••4 1*1 • % • • . , ' -ii. ^ \ h .\\jt.lM’IUh«'M|i.h it* • P.tN^ - .. * ,-^r’•■• " i=:- * * * * ** • ■ ■•»%••♦-• . * j.............. .-__ - If Add«fHto4 . - . r P l I. !■:: »• -w—. — . I -ti"' i‘ in A ^ 't\ ir\. f h'i.'f .iJi.i. » ir I”'•|».*l I »r .!* >'in ' v’n \< ‘Mil Mm ’f’* p?l \r Siil'h*' * I"’ uMi m flu* V. o« ‘Jv J .It-w M i • M *' . * » / ~'K'.-:».. ..mV vv ' .r->•:y r-^ w . /» ‘ ■1/4 ►>4I- V • S:A,? ,' I \t1 . • *'t • % s “• :..• - ; y,- -f ". v.v < • . - . \*- . *. h m •-•,<' *;v. '••. ..,? V -j » % Pi .aSSftt ■•'•'•-■*!'*•’ !'^-^;'.v' i:-;/ kvii< 4'- -; A : ^ 1 / :> • . I I Vi . 41 Add«nda4 '*»‘V t ' ^ -'•*‘ - ft ‘V r> h /■■:’■ :&T m‘Tf-*is .1 • } 1 } ■r4 •.* V K i.N.< # .• ^.< Add«nda<8 t • ' V J , V‘.V. * m^- ‘^t. •X r'-»•/I V '." *" ' " 4 *. ^>»f 'f ' ’V ‘’'. /'t V O • • - I • •• -'rA'' . • ■">* ^ » V f * ** \ T..,., / • » # ll* ** .* -’N ' . K* ■ .'•. ' * ■••'■> •• ' . > i’'^-'*^ •* ; ■ * ' ' 4 # . 1 ii:5s Kv'■: '' ;^^wi • -«• -•*»• I»= R Add«nda<6 REQUEST FOR COUNCIL ACTION U£C 1 2004 ClIYUl- OHONO DATE: December 9,2004 ITEM NO: 2-/ Department Approval: Name Lin Vee \ Title City Clerk Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Proposed 2005 Fee Schedule Attacliment: A. Summai7 Ordinance B. Proposed 2005 Fee Schedule Ordinance The proposed 2005 Fee Schedule Ordinance and Summary reflecting the proposed changes arc attached. The proposed changes include: Increase of 2.7% in all sanitary sewer and water connection charges, htcrease of 2.7% for stonn water and drainage trunk fees. 2.8% increase in sewer rates and 2.8% increase in water rates. 2.8% increase in stonn water utility rales. Addition of Golf Passes. This will eliminate the League Rates for Monday tluoi Friday. For example, a weekday morning 10 Pass would cost the same amount as 10 rounds of golf (9 holes each round), but the pass will have 12 punches for 12 rounds of golf (9 holes each round). • Addition of charge for Fircamis Pcmiit to Carry as the law has changed to allow cities rather than the ShcrifTs Department to issue these pennits. • Addition of charges for photograph duplication, copies of statements, and security Video copies onto a CD to fees administered by the Police Department. COUNCIL ACTION REQUESTED: Motion to adopt the attached ordinance adopting the City's Fee Schedule for 2005 and Summaiy Ordinance for publication. i ORDINANCE NUMBER 22 . THIRD SERIES SUMMARY APPROVED The Council hereby determines that the text of the summary of tliis ordinance marked "Official Summary of Ordinance Number 22 . Third Series," and a copy of which is attached hereto, clearly infonns the public of the intent and effect of the ordinance. The Council further determines that the publication of the title and such summary will clearly infonn the public of the intent and effect of the ordinance. • • •/ .. < SUMMARY OF ORDINANCE NUMBER 22 , THIRD SERIES ORDINANCE NO. 22 . THIRD SERIES AN ORDINANCE ADOn iNO THE 2005 FEE SCHEDULE AND REPEALINC. ORDINANCE NO. 224, SECOND SERIES The following is the oHicial summary of Ordinance Number 22 . Third Series approved by the City Council of the City of Orono on December 13,2004. fhe following sections have changes, additions and/or deletions: UC KNSKS St MI.SCKt.I.ANKOIJS r ilAUCK.S I’nttrc Drpiirlinrtil A«iniliii%lric(l lllciUUlJLlVil'ia to t.'miv lUi'i'MC oph Ptu'livtii ion liio'uN'‘4i«ti'TK livtn Oiupmi Scan ity unto CD Stalciucnty r.ige 1 of4 1 iiKscRirnoN 2004 FFF 2005 KKK ('ODK SF(\ 1 /.ONING Am.lCATION S rOKM WATKU AND DRAINAi.K TUlINK FFi:s 1 New Devcl(i|miciil liiiiul list*S2.I00 1 Siiitilc Family RcsiilciUtuI 5 Acre /one $2(700 S2J2Q 1 Single Family Residential 2 Acte Zone $^MO Single Family Residential 1 Acre Zone $4,OM) Single Family Residential Vt Acre Zone $4,KUO Multi Family Residential 4 Units/Acre iw Ss.uvo fLm Commercial or Imliistnal $(>,4K0 1 Area of Impervious Surface Espniislon Itrsiilciilial Krdcvolopinetil (\)itiincrciul or Industrial Rede Yclupnic lit 1 •?004 200?;2004 200$ I 0 100 Sqiime Fee $oso rm S7.270 $2,330 1 1000 2000 Squaie Feet SIA'to $4,S}S J4.^J5 1 Mote tliiin 2000 Sqii.ite I-ect S3.700-$6.4Sa- $10 QO r'u} the ai tnal of vluplication HOOQ I20JJ0 $10.00 ctuQscubcd ioayM (L’llwhcamilablc. iw]u«u« L>4W t*nvagy AcO • I r SEWKK I'KIMKC IS lly DUlrIcI • I’rojrii J963 ST-1 A, I.S-IA, ST-IB, LS-IB 1964 I,S-lAorI.S-II) 1965 I.S-1 1965 I S-1A 1967 I.S-1 1969 I.S 1 SImiellilU 1969 LS-2 Chevy Chase 1970 I.S-1 SaKalhll 1971 I.S-1 Dunwuudy 1973 1 1980 I Miimetonka DIulTs 1980-1 West Feradale/Couuty Road 15 1980-1 Otoiio Lane 1980-1 County Road 15/Mai inas 1980- 2 Noith Shore Drivc/Scotch I’lnc l.ti 1981- 1 North Shore Di ive/1 lighwooil 1987- lA Navoiic IJlihliet |982-lli Navaiic lllihlics Noilhciii Avc 1985 -1 Ciyslul Hay 1983-1 Highway 12 Oioiio Long l.ake-Mcdiiia 1989 Highway 12 1992 Siiihht Hay Srwrr I SlubliH Hay Nl'TNW-Haysidc Last II Hcdciwood III Haysidr Noith IV Oxfoid V Cygnet and Leaf 1997 Sewer 97-1 Nonhl.I./LI.r.C. 97 2 Hiackells I’oinl 9/ 3 Hay Ridge |9'»H - 1999 Srwer 1998 Shoieliiir/lleiilagc 99-1 O ioiio Oichuid 99 2 r.dgcwootl Hills 2000 Ki'w cr 2000 1 Webber Hills 2000 2 Fox Ridge 2000- 3 East Long Lake 2003 Sewer 7003 I Noith I oiig 1 akr I’ase 2001- 2 Old I ong 1 ake Rd 200 3- 3 Sislli Ave N/Hiowii Rd (Phillips) .2004 Wcsl l aim IK'iTicsicad 2004 200S $5,825.00 nm99 $5,825.00 S5.9JKI.0Q $5,82500 S5d^8Mg $5;825.00 HMQM $5,82^.00 amm $14,535.00 $14.925 0(2 $11,47000 ilLm.QSi $11,.370.00 UUiliJiQ $11,370 <K)UlAliM $|4,535<K>$141)25J^(2 $12,015 <M> $29,305 <M» $23,-3503M»l2r«.0WJ)i) $9,820 00 l)0.0H5.0(.) $29,30X 00 $?().095.g() $15,085.00 $15A9Q0(> $.3,20500 $J.2?0OQ $52000 $53.1.00 $15,26000 $J 5.610*00 $1,495 00 $1.515200 $17,170.00 $17,635.00 $26,59000 $27 J 10.00 $22,M5««)$21.120120 $31,780(8)$12.61'J1>0 $2v.(t8S (81 $26J75.0Q $22,370(¥)$2L975,0Q $37 j 244(K>$18.250 00 $19,88500 $20.4.-»()00 $18,785.00 $l?.292,0O $24,760.00 $25,430.00 $31,465 00 $32,115.00 $8,15500 $8,175.00 $18,000 00 $18.485 00 $14,290 00 $14.47ii)(i $11,000.00 $11,295.00 $6,50000 $6,675.00 $8,MM) 00 $8Jl31O0 $6.400dW Ait>LiuL&fjjt ciuti llL£i»u.aAi:£a (1) (1) (1) (1) (1) (I) (1) (» (I) (I) (I) (») (1) 0) (1) (1) Trunk Aica J131S 00 JimOQ (D W.475.OO.$,3.5<j5,00.Pcr Acre (1) (1) (I) $5.510i5AVWacrc (1) (5) (5) (5) (5) (5) (6) (6) (6) V) (7) (7) H.xcludcs Grinder Allowance (8) Excludes Grmder Allowance (8) Excludes Qnnder Allowance (8) (I) (1) (I) I’avjc 2 of 4 1984 Forccniain and IJft Station #7 Uxi&ting Propcrtics/lncicasc New nidgji Replacing P.xisting Hldgs New Residential w/F.xisting Stub New Residential without Stub Fteshwater Biological (IncI •Manh at Lafayette* Lots) (16 flv Pa« + W7 Forceniain Credit to Area $590.00i62,5i!2 (•») $590.00$625..02 (‘1) $4,685 OOJJ ,720.02 (•») $525:00(2) $545J}9,a) S L685 00JJ J22.22.t4) (1) and (4) $525.00(2) $545J.01I1 $600 00$6«0 00 (4) ' (l)niid(4) 1989 Ctravify Line and Lift Station (see map ioi affected areas) Fixed Charge + ^10 Bv Pass Credit to Area $225.00 $2.9704)0 J3.252,QQ (D WATER PROJECrS By District - Project l‘)67 LW-l liiKliway 12/CiyStat Hay Road 1969 I.W-2n»cvy chase 1970 LW«I Navarre Residential 1970 LW-1 Navane ComnKreial 1982-1A Navarro 1989 Highway 12 1990 Nnvanr Water Treatment Plant Rehabilitation Unit Charge +Area/Acreage Front Foot rredit to Area $4,960.00 $4,960 00 IS.095 02 $3.4S5 001^522.02 $M>9(MK) $3.790 00 $2^620 00 $2.69().0 0 $.|0S 00 $415.00 $.UvK5 557,.Si (1) (1) $24 SS $2^21 (I) $3<> 90 $37,90 (1) (!) $0.ll0 00 |0^550/acie (1) (1) PUBLIC WORKS DFPAHIMF.NT MI.SCKl.I.ANFOUS CIIAROF.S MLNIC IPAL SLWKK K/VI KS by unit:2004 Fee 1st $91 t35 fw^piaiter $93,90 per quarter 2 lid $82^75 )H*i quaitei $85.22 per quaiter by flow:S •}.44/10(K>giilloii plu^$ 3.54^ 1000 gallon plus 8-8r60 per ipiailer pel'$. 8JS5. pet quarter per connect lull coimcction MUNICIPAL WA1KR RATKS Navaiic Area UtlliiiK iKc Ready to Scivc Chg » 36x15/110 $.20.85^qtr Water Usage Rate $- 3-3WlOlH)ga!$_ 2.27/UXK) gal Uucoiuiectcd Piopcily Chg 8 JO 1 >/<ttr $ 26 85/qtr Highway 12 Area BilliiiR & Ready to Ser^T Clig % u so;i|fT S 9 75/qtr Water Usage Rate 8 M>4vBUM>gal $ ,3,15''L)20 pal Chevy* rhasr Area * Billing A' Re.itly to Serve Chg $ 9 $i7i'q«t Water 1 Kage R.atr 8 3. B)0(> p\\ (iHi i4itmge>S Z.36HOOO gal (no change) Bulk s.alc to Minnetonka Be,ich tor 1 sifa\ette Ridge 1 Wipi bdliiig vIhhge plus hilling charge plus Aira 83 31> U¥h> fuUiMi tiMal (low m S?_2JH000 ^:allon total How at (uudet meter border inetei l’av;c 3 of 4 MUNICIPAL STOKM WATER UTILITY KATES One Residential Unit SQ.OO per quarter $9,25 per quaitcr Non Residential UnJi;Based on **Resulcntial Based on ''Residential Bquivairnt Factor”Fquivalcnt Factor ('.OLP COURSE CTIAKOKS • Effretive dale 2005Scasoii Monday thru Friday (euludliiK Holidays « BrKin Play Before 12:00 Noon 2004 Fee 2005 Fee 1.0 rout 12 puDchei/SJholujuiclO S UlbbO 5.PJM to pMudi£s/2 h»le9.rach}S 50.QQ After 12:00 Noon and Weekend Hnle» 10 Pj^lUi BUlSShcjffiJtolci CiliJO 5 130 00 ^ Pass (b Dunclics/9 holes each)$.05.00 • -League-Kales Monday lliru Friday Ik-II00. ITOLF CART RENTAL Moloi i/ed: After 12:00 Noun and Weekend Rules 10 Pass (fl puiKbes/9 Mes each) Begin Play Before 12:00 Noon IOPmsCU RvuKlics/V holcmcW $100,oQ _____1 ■ A printed copy of the 2005 Fee Schedule Ordinance is available for inspection by any pci :on at the ofTicc of the City CIcik during regular office Iiours. This «mlinancc becomes elTeclivc the week of Januaiy I, 2005. Adopted by tlie(.’ity (’ouncil of the (’ity off)iono on this 1.1th day of neeenibei’, 2004, by a vote of nnd____trays. aves Ai n:sr: Licenses «C MisveUaneaus (See On-Silc Sv! Afler-'l lie-Facf Fees 5 rtumbing Permit Ainuirimnt Devirrs 11 Retaining Walk Animal Impound Fees 21 Special Lvents IScer, Wine St 1 Ji|uor IJcciuc 22 Canoe Rental Slip 19 Commerrfil Marina UcriHt 19 Dug License 21 Gambllng/Rnnie Licciise <20 Garbage llaulen License 19 -/A -.V,; - ■ . - ■-»’ ' !\ (Coin.) |u inkier Systeim • Commercial rre Kriroval nderKf ound Tank Removal »"atfr Meter Fees Ingerprinliog (Police) ^ater Turn-Off Charge ‘ater Turn-On Charge reel Signs (Public Works) pmporar)’ & Permanent crap. “No Parking ” (P.D.) prap “No Parking ” (P.W.) Rates Ji Miscellaneous rinual Ser\ icc Charge - ieptic Municipal Sewer Municipal Water iTrcycling Charge Kecycling Krplacrnient Bins sturrawater Utility »Applications \fler-Thc-l act Fees kraendracuts Appeal of Admin. Decision ronimerctal Site Plan "omprehensivr Plan Amend runditiunai Use Permit Fees Industrial Rrsenue Rond Appl. ^*ark Dniication Fees l*UD Ke/omng ^c/ooing Application Fee ^ip Rap Appliratlon Fee ipreiat improvements Appl. ttormwaterDrainage Trunk Fees 'ubdis isiou Application Fee 3 Surcharge foi Staff Fipcnse Vacation Application Fees /anance Application Fees Page * Indei Bttins oa Page 29 .1 1 ( ORDINANCE NO. 22 . TIliKDSKKIKS AN ORDINANCE ADOPI INO IIIK 2005 TKE .SC IIKDIIII: AND AN ORDINANCE REPEAI.INC! ORDINANCE NO. 5, THIRD SERIE.S The C’lly Council of the City of Orono nrilainx: SECTION 1. Ordinances Rcncolcd. Ordinanre No. 5, Third .Series, ciilillcil 2004 Etc .Schedule h Iit rcliy ri |icalcil, The CHy C:ouncll of Orono per Section 2-I7I of llie Municipal Code lierehy ordains Ihe fullowine ftfs crfeclivc duiiiiK llie calendar year 2005; .SKCI10N2. Fees. yX)NINO APPl.lCATIONS All fees arc aiudlralioii fee.s and arc non-rcfundaldc after staff work has hcjjiin on the a|i|tliration. ^jipUcalion Tvne Ere Applicalile C«hIp St’ction VARIANCE Rase Ecc (Additional variances included in base Ire) Renewal Variance (No chaii(>c from original application) AfIcr-the-EacI Eccs StiOO.flO $250.00 .See. 78 42; 78-96 IIIrn 99 .See. 78-42; 78-96 ‘In u 99 Double Applicalion Eee Res. in.106 & /n.109 C.’ONDITIONAL USE PERM 11' (One chari>e per project) Residciilial Accessory Use (Animals, etc.) liislifulional Use (School, (.'hurch, etc.) Diipici Credit (per buildin|>) f.iicsl llouse/f«uest Aparlmeiit (Tomnicrcial/Industrlal Use Non-Conformini; Use (h'indinK of Similar Use) .Sec. 78 42; 78-913 $600.00 $6tl0.tl0 $600.00 .$600.00 $(1(10.00 $600.00 2005 Fee Schedule-I'uge I /ONINC; APPMC/I Annlicalion Type CONDI'I lONAI. US ' Land Alfcralion -C;rading4C - < .'rading, f - .Sea walls. Amend Esisling Renewal Condil (no change 4'ondilional Use Aflrr-lhc-Eact h PLANNED DEVEL4 RPUDorPRD/ RPUD or PRO A PID Application! PUD Rr/wning (I Residential Cnininerriah COMMERCIAL SIT ZONING AMENDMI REQUEST TO AMEI Applicable Code Section Sec. 78-42; 78 913 Res. #130b & #1309 C h. 78,ArUc!cV| Sec. 7842 Sec. 7842 Sec. 78 42 200S Fee Schedule’4*age 2 /ONINC; Amj( ATIONSR ONT.I AiipHcation *rviie SUBDIVISION Sketch Plan (Class I, II» & 111) Basic Subdivision Application (Class IA II Subdivisions, Subdivision of a Lot Line Kcarranccnicnt) Preliminary Plat Review (Ciass III and all iion-residentlal) Final Plat Review (Class III) P'iling Fees: a) Subdivision only b) Subdivision f Eascriiciits dcCoveiiants Renewal of Subdivision Approval (Class I, II & 111, and Subdivision of a Lot Line Rearraiipment) (No C:iiange From Original Approval) VACATIONS Public Road Fasf iiieiil Vacations witli Subdivision Apjdications F.usciiiciit ‘Vacations not Associated with Subdivision Applicafiuits l‘ee Applicable (-ode Section S350.00 $600.00 Sec. 82-85 Sec.82-112(a)(b) Seer. 82-112 (c)$750.00 $30.00/lot ($810/2 lots; $840/3 lots; $870/4 lots, etc.) $250.00 ^ Special Legal/Kngiiiecriiig/ Consultant Charges .Sec. 82-142 (9) $140.00 Miniimiiii plus any .Sec. 82-142 (11) additional costs $280.00 Minimuiii plus any additional costs $300.00 $ 75.00 per beiicfittiiig property ($600.00 inininiuiii per application) Sec. 78 42 $100.00 $600.00 Sec. 7842 Sec. 78-42 2003 Fee Schedule-Page 1 ZONING APPLH Annlication ‘rvnr SPECIAL lIVfPRC Non-refuiidable cl ilesign drawing, in are proposed as pi Preliminary Plat a Proposed Priv Proposed PubI Reipacst for Cl Request for Ci Proposed Said Proposed Wat Proposed Stor On-Site Systeii (applacabh RIPRAP Staff Review (i Unusual Rip-R AI^PEAI. OF ADM INDUS IRIAI. RE^ Minifiiuni Proji Application Fci ____J Applicable r’oile Section See. 82 85 Scc.82-112(a)(b) See. 82-112(c) ^iieiiieeriiig/ See. 82 142 (9) iiy See.82 142(ll) iiy addiiiuiial costs Sec. 78-12 See. 78-42 See. 78-42 2005 Fee Schedule-Page } /ONINi; APmCATIONS (CONT.^ AnoUcation i viic SPKCIAI. IIVIPKOVKMKN rS Noii-refiiiitlalile diarges for City Kiigiiieer's review for applications ami design drawing, including construction inspection fees. If improvements are proposed as part of a Subdivision, Review ('barges are payable witli Prelinilnary Plat application. Proposed Private Roads Proposed Public Roads Recpiest for C'ity to accept existing private road Request for City to niuintain unimproved public road Proposed Sanitary Sewer Main Kxteiision Proposed Wateriiiain Kxteiisiun Pro|N>sed Storin Sewer System (excluding culverts) On-Site System - Site Evaluation Review (applicable to rural subdivision applications) RIPRAP Staff Review (nornial rip-rap) Unusual Rip-Rap: a) New installation b) Repair previously approved APPEAl. OP ADMINISI RATIVK DECISION INDUSTRIAI. REVENUE BOND APPl JCA 1 IONS Miuiniiiiii Project Valiiatiun: $250,000.00 Application Fee: Fee Applicable Code Section Sec. 82-21.1(4) $650.00 plus 50(/liiical foot $050.00 plus 50(/lineal foot $050.00 $225.00 $27.5.00 plus $25.00 per stub $275.00 plus $25.00 per stub $250.00 $ 60.00 per new lot proposed for on-site No ( barge (MCWD Permit Required) $100.00 ♦ Clip review Stair permit >^$100.00 $100.00 Sec. 78 99 0.1 % of project valuation ($250.00 niinimuin) plus $5,000.00 deposit for legaF adiiiinisirative expenses 2005 Fee Schedule-Page 4 /.onint ; appt JCATin Amdicaftoti Ivne SIIKCIIAR<;E FORSTi* Per ^*ec Schedule set fort PnifessionalTinie (lerical 'rime l.egal/Eiigiiieering CJ Milcage/t opies/Post. AFIFR IliF. FAt TAPI (Applies to all applica*ioi zoning ainemlincnls, rip- permits, business licenses ‘I bis perniit fee may be w contractor in tbeir work, does not entail any /oiiiii] \Vbeliever any work, use contnieiicetl without lirst special investigation of tli llecaiise ol the extra adnii application lee lor after-t fee scbediile, wbetbiT or i alter-the-luet application or division of land, and sli instiliite civil or criminal I or division of land svitboii After-the tact liivestigatH •i /■ONINt; Ai»l*lirATIONS icom .) Fee HARK DKDIC ’ATION FF.KS I I.Minl ItnIiciiUnii Mtiiinntm Area - SiilHliviilrrs shall he i i-(|ulred lo dedicate to the <‘ity lor parks, playKrniinds, trail*, open spate* and other public purposes as a minimum that pereeiilacr of urns* land urea, or rrlher sueli aiiMmiil a* may be determined by the flty rouneil. a* *e( lorih below; (I) Rr*idenllal/A|;rirullural/Mulliple Residential Zoned Land. Dediralion reipiireinent or8V« of the land belili; platted or subdivided. (Kselusivc or lot that includes an eilstini' residence.) (2) ronimei eial/indusirial Zoned Land. Dedieated ie(|uiienienl of 8% of the land IlciitK platted or snlHlivided. fash r'untrlbution InJ.ieu of Lands. In those instaners where a rash eoutribution Is to be made by the subdividei, in fieu of a conveyance or dedication of land, the cash eoiiti ibitliou lo be eoulrihuled shall be ctpiivalent lo the fair market value of tlie rrpiivalenl undeveloped land Ibal would otherwise have been conveyed or dedicated. The fily sliall account tor such funds in a s|M‘cial fund named Park Ucdicalion Fund*. The (.’ity (.'ouncil has established by rcsolnlion a minimum residential par k fee of $.1,250 per dwelling unit and a niaiimuin of $5,55tl per dwellmi; unit. The City Council has established by rrsolulinn a minimum commerrial/iiidustrial park fee of $8,125 per acre and a niatimum of $l.«,875 per aere. Appliculile Code .Serlioo See. 82-227 Res. 47.18(12 10-UI) Res. 47.W (12-10 01) 200i t'lv Si lwtlulc ■ l’ity.t‘ 6 ZONINC;APPIJC’ATFONS (CONT.> Tfc Annlicablc C.’odc Scclioii Sue. 14 281 (hrii 14-287STORM WATER ANII DRAINAC;E TRUNK FEES Siorm water trunk fees apply to new dcvclopineiil and rcdevdupmcnt of ciIstinR properties and provide funding for Hie storm water infrastructure necessary to serve the City. The trunk fee U based on^he^land use and aereage of the property being developed. An equivalency factor multiplier is assigned to each land use type, wi h a 2-acrc residential bil conaWeled ai th«tandlrd tn the City with at equivalency factor of 1.0. The table below lists the storm water trunk fees per acre for the various zoning districts and land ill the Cily. Slorm wafer ann iiramaKc ■ ruiiK rtc* New ncvclo|iincnl Land Use Trunk Fee/ Acre Single Family Residential 5 Auc Zone (1) (2)S2.220 Single I'amily Residential 2 Acre Zone (1)$2,770 Single Family Residential 1 Acre Zone $3,605 Single Faiiuly Residential ’A Acre Zone $4,160 Multi Family Residential 4 Unils/Acicoi Uss $4,090 Miilli !'nmily Residential (iitiilci than 4 Uiiits/Acic SS.K25 Commercial or Industrial $6,655 (1) liyffer iomng ilislncr, 4 fcUuclion of up to 50% of Uic trunk fee for the ItH will lie allowed for the pcrcciilagc of the kit jKoteclcd by |iciimctcr and/m diaiiugc way buffn cdscincnls Itiesc biiffer casement areaf shall rcinatii in a naliiml cumlition (2) I ^o» die i acre /otiingdisinct. any lot ckicedinj* 7 0 gioss acres mcliiding wetland, shall be chaifcd a maximum trunk lee equal In the trunk fee for a 7 0 at re |ufu*l Such lot shall remain eligible lor the up to 50% ictiuclion noted III (I) above, such icthtituKi lusrd on the percentage of 7 0 acres that is placed in bullet eascinetils (\) Masirnurji fee l or the 2 auc /oiling disUicts. any lot ckteetlmg 4 0 gross acres ifKhiitirg wetland, shall tic charged a inaxiiitufii Iiunk fee equal lu Uic bunk fee for a 4 0 acre parcel * site. Area of lrnpcr\iQOS Surface Fipansifin Rcstdrnfial Rctlevrlopniriit or Fvpaiisiun of Fni.sliiig Dcsi'lo|iiiiciit Trunk Fcc/Acie (.'omiiicrdal or liidustrial Redevelopment nr Fipanslon of hvisting Dcvrlnpmrnf Trunk Fer/Acre 0 1000 Square Feel $975 $2.3^0 1000-2000 Sqiwrc Icrl SI,940 S4.655 Muic Ilian 2000 Square Feel $2,770 $6,655 2Q05 Fee Schedule-Page 7 rONSTRUCnON PKRMITS ANI> INSI»KCHON KKKS Permit Tvik BUILDING PER. 11T jjee Applicable Code Section Ord.216 Miniiiiuin Fee Normal Fee Plan Review P'ee: Commercial Residential KuildinK Valuation Standard $ 23.S0 (per 1997 UBC/SUC Standard Scliedu'c) (per 1997 UUC/SBC Standard Schedule) 6S% of Building Permit Fee (per ('urrent I.C.B.O. Building Standards/Building Valuation Data) /jUNING certificate of occupancy without BUn.DING PERMIT (change in use) S 50.00 RETAINING WALUS (in eicess of 42” also inultiplc tiered walls that eicecd 42“ and not located in lakeshore protected area) NO 1'E: Retaining walls in 0-75' lakeshore prulectcd rone - see Cond. Use Periiut section of fee schedule. $23.50 ininimuni U>er 1997 UBC/SBC Standard Schedule) TREE REMOVAL WITHIN 0-75* DOCKS • RESIDKN I'lAL IPermanent (< 'UP Required) and Initial .Seasonal) S 30.00 $ 30.00 Sec. 78-281 thru 78-283 IMM'KS - COMMEkClAI.Per 1997 UBC/SBC Standard Schedule DEMOLII ION PERMIT Principal .Structure Ord.216 Accessory Structure S 50.00 Initial inspection $ 25.00 for each requested or required Inspection beyond initial Inspection $ 30.00 Initial i.ispection IQQi Fee ^hedule-Hage S r f’oisi'kTUllf^nON PERMITS ANI> INSPKC I ION KKI-.S (CONI:! Permit Tvnc PLUMBING PKRMIT Minimum Fie for P'umbing Permit Replacement of rc*identlal fliturc or appliance (niccls code rcqulreincnls) Mail-in poitage & handling charge MECHANICAI. PKRMIT p^^litentlal. Single Famiiv & Dupici by Unit bc£ Minimum Fee for Mechanical Permit Replacement of residential fiiturc or appliance (meets code requirniienis) Mail-in postage & handling charge Under Ground l ank Removal f-nmnierrial. Industrial A Multi-Familv Residential by Unit Type MUNICIPAL < :t)NNECTION PKRMIT (together svith area connection rbarges) Sewer Water 5/H** meter & horn including sales fa% Vi" (V4’*i9*’) meter A horn includinu sales lax I” meter A horn incliitiliiR sales lax larger meter MaiNn postage A handling charge (sewer and water penults only) Fee 1.2S% of contract price or S 3S.00 ininiinuiii per project $15.00 $ I.SO 1.25V» of contract price or $ 35.00 ininimuni per project $15.00 S 1.50 Fer mechanical permit fees $ 35.00 minimum lee or 1.25% of contract price $ 35.00 $ 35.00 $210.00 $250.00 $320.00 cpiote basis S 1.50 Applicable C’odc .Section Res. ^5101 2005 Fee Schntule-Page 9 ALl.SANirARY SKWER AND MUNIC.’IPAI. WATER CONNECI ION CHARI iKS (II not pirvnuisly assessed oi ifan imptovciiK-nt piojcti is no! deemed to be icquued ui tlicsole discrctioii «J| the City. H an impiovcmcnl is ie(|imcd, the connection charge may be in addition to any assesMiieiU ) •1-he connection charge for propcities wishing to connect to the scwei or water but which arc located outside the delineated bouiidatics of the alTcctcd pioject area shall be charged Uie connection Ice for llial area. Such connections ate subject to City Council approval. SKWKR PROJRCri ’S By Di.slricl - Project Unit Charge »Area Or Acrcaec CJUar^e Credit To Area 1963 .ST-IA, I»S-1 A. .ST-IH, l-S-IH S5,9811.00 l964l-S-IAorl-S-IIl $5,980.00 jLD $5,980.00 Jh_________ I%SI.S-1A $5,9.S0.00 (1) I967I..S-I $5,980.00 JD 1969 I.S-1 .Shore Hills $14,92.5.00 (1) 1969 l«S-2 Chevy <'base $11,675.00 JLli__________ 1970 I.S 1 .Sana Hill $11,675.00 -ID 1971 I.S-1 llunwofHlv $11,67.5.00 0__________ 197.11 $14,925.00 (I) CREDIT ro AREA: (I) 602 .176')I Sewer Operating (4) 406-37691 PIR Fund HI l»S & Foreeiiuiii (5) 316-37691 1992 Improve .Stubbs Hay (6) 3II-3769I 1997 Impruvciiieiits (7) 313-37691 1998-1999 .Sewer Impruvriuents (8) 314-37691 2000 Sewer Inipruseiuenis 200i Fee Schedule Vagi 10 ■mMi [’•I.- f 1 ALL SANITARY SEWER AND MUNICIPAL WATER CONNECTION CHARGES (irnol previously assessed or if an tmprovernenl project is not deemed to be required in the sole discretion of the City. If an improveraenl is required, the collection charge may be in addition to any assessment.) The ch.,8, fo, pnre«i« wito, 10 c»».ct .o ,1« sewe .. w..c. W which ore told OOBiJe Ihc Oclmc.tcl boodc.io of.lic .fTcctcd piojccl ..ea cM be chaigd Ih. connection fee for that area. Such connections arc subject to City Council approval. SEWER PROJECTS • lOflA-1 Minnrtnnicfl BIllfTs $12,955.00 (1) iQlifl.1 West Ferndilc/County Road 15 $30,095.00 (1) 1QRII.1 Or Ann la.ane $24,085.00 JD__________ 19g0-1 15/Marinas __$10,085.00 JD 1980-2 North Shore Drivc/Scofeh Pine Lane $30,095.00 ____Ji) 1QII1.1 North Shore Drive/fflahwond $15,400.00 (1) 1982-lA Navarre Utilities $ 3,290.00 1’riink Area $1^350.00 (1) 1982-1 B Navarre Utilities Northern Avenue $535.00 (trunk unit acrc/uiiil) $3,565.00 Per Acre (1) 1985-1 Crystal Bay _____$15,670.00 _0i __________ fREDIT TO AREA: (1) 602-37691 Sewer Operating (2) 406-37691 PIR Fund H7 LS A Forcemain (3) 316-37691 1992 Improve Stubbs Bay (6) 311-37691 1997 Improvements (7) 313-37691 1998-1999 Sewer Improvements (8) 314-37691 200 Sewer Improvcmeuls 2005 Fee SrheJule~Page II I f",*-**’ *- - ALL SANITARY SKWKR AND MUNICIPAL WATER CONNECTION CHARCKS (I (not previously asscvsed «ir if an unptovcint-nl piojcd is not deemed to be required in llic sole discretion of tlic City. If an impiovement i.s required, the connection charge may be in addition to any assessment) The connection charge for propemes wishing to connect to the sewer or water hut which arc located outside the delineated iiotindarics of the affected project area shall be charged the connection fee for that area. Such connections arc subject to City Council approval. SKWER PROJECTS 1983-1 Highway 12 Orono-I^iig Lake-Medina $ 1,535.00 Jl)____ 1989 Iliehway 12 $5,655/acre (1) IV 92 Stubbs Bay Sewer I Stubbs Bay NE/NW - Baysldc East II Bederwood III Bayside North IV Oiford V Cygnet and laiaf $17,635.01 $27310.00 $23,120.00 $32,640.00 $26375.00 (S) (S) (S) (5) (5) 97-1 North L.L7L.L.C:.C $22,975.00 (6) 97-2 Bracketts Point $38,250.00 (6) 97-3 Bay Ridge $20,420.00 (6) C REDIT TO AREA; (1) M2-3769I Sewer Operating (2) 406-37691 PIK h'und #71-S & Forcemain (3) 316-37691 1992 Improve Stubbs Bay (6) 311-37691 1997 Impruveiiienis (7) 313-37691 1998-1999 SciviT Impruvnm iiH (8) 314-37691 200 Si*wrr liii|}iovi*iiii‘nU ■ IPTO- »jr.a vv 1998 Shoreliiic/lleritage Sewer $19,292.00 (7) 99-1 Orono Orchard Sewer $25,430.00 (7) 99-2 Pldgewood IliUs Sewer $32,315.00 (7) 2003 Fee Schedule’•Page 12 ALL SANITARY SEWER AND MUNICIPAL WATER CONMCCTION CHARGES (If not picviously assessed or if an iinprovemcnt project is not deemed to be required in the sole discretion of the City. If an improvement is required, the connection charce may be in addition to any assessment.) nc ------ ch.l»e fo, properties wirtong lo eonnecl 10 Ihe sewer or were, bot which ere l«.lej ooU.de Ihe del,.waled hoondaries of the alTecled projeel area slwll be charged Ihe connection fee for that area. Such connections arc subject to City Council approval SKWER PROJECTS 2000 SEWER 2000>l Webber Hills 2000-2 Fo« Ridge 2000-3 East Long Lake 2004 SEWKK $8,375.00 $18,485.00 $14,675.00 Eicludcs Grinder Allowance Excludes Grinder Allowance Excludes Grinder Allowance m 2UU3 __________________ 2003-i North Long Lake East $11,295.00 (1) 2003-2 Old Long l4ike Rd $ 6,675.00 (I) 2003-3 Sixth Ave N/Browii Rd $8,730.00 (1) rREDITTO AREA; (1) 602-37691 Sewer Operating (2) 406-37691 PIR Fund #7 LS A Korcemaiw (3) 316-37691 1992 Improve Stubbs Bay (6) 311-37691 1997 Impruvciiicnls (7) 313-37691 1998-1999 Sewer Iriipruvenicnls (8) 314-37691 200 Sewer Iinpruveiiicnts 2005 Fee Schedule-Page 13 1 Fucd Cliur};c +^10 By i*ass C VecJiC 1*0 Arra (s^ve fiui|i for jiffecled area.%)$ 225.00 $3,050.00 1 (1) lent pjeject is nut deemed to be rci|uiied in the sole 5 of the aflcctcd project area shall be charged tlic o Area 2tj(J5 Fee iichcdule-Page 14 AM. SANITARY SKWKK AND MDNICII'AI, WATER CONNECIION CIIAKCJKS (If not previously asscssrti or if an improvcinriH project is not deeiiieil tohe rc<piircd in till'sole tiiscrctioii of Hie City. If an improvement is reipiiml, the coniiectiuii cliarKe may be in addition to any assessment.) The coimecllon charge for properties wisliiiiR to connect to the sewer or water but which are located outside the delineated boundaries of the affected project area shall be charged the connection fee for the area. Such connections arc subject to City Council approval. wA'iiiK i»ROjr:cTS By DistricI - I’rojecI 1967 I.W-I Highway 12/Crystal Bay Road ____ 1969 l.W-2 Chevy ('base 1970 I.W-I Navarre Residential 1970 I.W-I Navarre f'unimercial I9K2-IA Navarro 1989 Highway 12 1909 Navarre Water ■Veatmeiit Plant Rehabilitation* Unit Charge »• 5 5,09f;.00 S r,09.S.00 sj,yo.tio $ 3,79 0.00 $ 2,690.00 $ d 15.00 Area Or Acreage Cll^geJ;______ S9..155/acre rriMil l<'oo( (Tiarge__ S 37.K4 $ 25.21 ^ .17.90 C'rcdil To Area * 1999 Navarre Water 1'rcattiietll I’lant Rehabilitation Connection Charge - All properties within the Navarre Municipal Water District (the area served svith municipal water service via the Navarre Water Treatment Plant) which svere either not assessed or not lolly assessed via special assessment for the 1999 Navarre Water Irealtnetit Plant Rehabililatiun Project shall pay a connet tion charge of S190.00 per unit upon connection to the municipal water system. .Such chare.c shall be collected at the time a building permit is issued for nesv coiislructloii, or at the time a connection permit is issued lor esisling structures. CREDIT TO AREA; (1)601-37.191 Water Operating 2005 f 'cc St'lu'ilule-Po^e 15 a f SEWER AND W. CHARGES Charges shall resi property located i CREDIT Credit for previou UNIT CHARGE Each sewer and et Council Wastcwal 'f ' •'< III projccl is nul (Icciiicd to be required in tries ufthc affected project area shall be I'o Area rirl (Ihr area srrvetl svith itiiiiiicipal wai?r V |U*io ^avarrc Water I realiiieni I'laiit r sliall be rollerled at the time a building JU05 FcrSchajuIe-rage 15 V .t SEWER AND WATER UNIT ADJUSTMENT CHARGES CHARGES Charges shall result from either an intensification of an existing non-residcntial use or a new non-residential use that replaces a former use on a property located within an area already assessed and served by municipal sewer and water. CREDIT Credit for previously assessed sewer or water units shall be applied against the total number of sewer and water units established for the new use. UNIT CHARGE Each sewer and each water unit adjustment charge shall be equal to the current Service Availability Charge established by the Metropolitan Council Wastewater Services or its successor and shall be payable to the City of Orono upon application for a building permit. 2004 Fee Schedule-Page 16 rONSTRIICriON PI Permit Type ON-SITE SYSTEMS Design Review Fees Subdivision Site Eva. Residential System P Repair esisting sy New/Rcpiaccntcnl Non-Residential Systci New or Total repi Partial rcpiaccmci Annual Service Cliarg' C.'RADINt;, EXCAVA' SOO cubic yards ur less SOI -t cubic yards NOTE: SOI cubic! SIGNS Temporary Pcrmaiicnt e that replaces a former use od a units established for the new use. established by the Metropolitan building permit. 2004 Fee Schedule-Page 16 r S'. • cM M ■f ' I '■m > %: ■■■ .v'.i CONSTRUCTION PKRMITS ANI> tNSPKC! ION VKKS Permit Ivpc Vve Applicable Code Section ON-SITfe: SYSTEMS Deiif>n Review Fees Subdivision Site Evaluation Report Review Residential System Permit: Repair esisting system New/Replacenieiit ^System Ch. 58, Article II Included with permit rce.s S 60.00/per new lot S 50.00 SIOO.OO -f $20.00 per each inspection over 3 (Includes outhouse on Big Lsiand) Non-Kcsidential System Permit: New or Total replacenicn( Partial replacement $t 00.00 f $20.00 per each inspection over 3 $ 60.00 -i $20.00 per each inspection over 3 Annual Service Charge S 50.00/systciii/ye:ir pins an additional $10.00 tee for late penalty plus K% interest for unpaid charges certified GRAUINC;, KXCAVAMON, FllXlNG 500 cubic yards or less $ 50.00 (staff permit) > actual engineer ing fees if required ($I00.0^‘ If engineering fee necessary) $ 25.00 t *'r eacli inspection over 1st sol cubic yards $ 50.00 f Conditional Use Permit ($100.00 if engineering fee necessary) $25.00 per each inspection over 1st NOTE: SOI cuhir yards or more re«|uires a Coiulilionul Use Permit unless approved as part of htiilding permit. SICN.S Temporary rrrtiUMienI $ 35.00 Per 1007 I/IIC78IJC Standard Schedule Minimum $35.00 2003 Fee Schedule-Page !7 C:ONSTRUCTION PFRMriS AN Permit lyoc SPECIAL INSPECrnON CHARC; Site Inspection without permit (when calleil by cr Inspection surcharge for work application on Rip Decrifig Island Reinspection fee after failure t* with Building, Sep Correction Notice FIRE PROTECTION Fire Prevention Inspection Fire Code Permits CJoimiiercial Fire Alarm Plan Review Fee Fire Sprinkler Systems - Coiiiiti Kitchen Fire Estlngiilshlng Sysi LAWN SPIUNKLEK SYSTEM BURNING PERMITS Up to S times per year For Each Heinspcci More than 5 times per year (for all organlaatioi regardless of tai sti CON TRACTUAL INSPECTION SE Monllily Retainer Fee (Includes clerical time) InspccClon Charge Plan Review Charge Crierical Fee (Only charged if clei use is ciccssive) ■» **.' •* ^ *.■ •’' rmit fees lot Applicable Code Section Ch, 58. Article U per each 3 use on Island) per each 3 per each 3 ar plus 0.00 fee for lAjd charges 4 rONSTRIICnON PERMITS AND INSFKCTION FKKS fCONT.^ PeriiiH 1 vne SPECIAL INSPECn ION CHARC>i:S Site Inspection without permit (when called by owner) Inspection siircliar|*e for work or application on llig Island or Deerini; Island Reinspection fee after failure to comply with Building. Septic or Zoning Code Correction Notice - 3rd trip FIRE PROTECTION Fire Prevention Inspection Fire C'ode Permits C.'onmiercial Fire Alarm Plan Review Fee Fire Sprinkler Systems - CommcTcial tiiU) actual if required leering fee necessary) iaspectiuii user 1st Dnal Use Permit leering fee necessary) ins|»€ction over 1st C Standard Schedule Kitchen Fire Eilingiiishing System - Oimniercial LAWN SPRINKLER SYS TEM Itl/RNINC; PKRMI IS lip to 5 times per year For Each Reiiispectioii More than 5 times per year (for all organi/.ations and individuals regardless of tai status) CONI RACTliAi- INSPEC TION SERVICE Monthly Retainer Fee (Includes clerical time) Inspection C'harge Plan Review Charge Clerical Fee (Only charged if clerical use Is eicessivc) 2005 Fct Schedule-Page IT Fee Applicable CJocfe Section $ 30.00 $30.00 per trip ^ boat rental if transportation is not provided by owner $ 30.00 per trip ^ $30.00 per hour after 1st hour Ord. 223 No Charge $ 30.00 each Per 1997 UlUJ Schedule 65% of permit fee S 35.00 iniiiimuiii fee or 1.25% of contract price Surcharge based on valuation Per 1997 UBCVSBCStaiidard Schedule $ 35.00 No Charge $20.00 $100.00 Per C'oiitract $ 25.00 per iiioiilli $ 25.00 per inspect ton Per 1997 IJBC/SBC' Standard Schcdtile $ 20.00 per hour 2005 Fee Schedule-Page IS LIC ENSES & MIS C:OMMERCIAI. IV Application Fc< Renewal Applii (ai Late fee JOINT USE DOCK Application Fei Renewal Applii Plus each slip Late Fee CANOE RACK KF: GARBAGE UAULI HOME OCCUPATl TEMPORARY TRy^ LICENSE ZONINC; DEPAKl I 2000-2020 Compre Municipal Code Be (Ch. L94 w/revi Municipal Code Bet Ch 78 only (Zon Oi 82 only (Sub Other Individua Hinder Comp. Plan Anu UCKNSES & MISCELLANEOUS CIIARCKS (CONT.) Applicable Code Section ( h.54, Article III Sec. 26-76 Pocument Type CIS and City Maps lllack A white Color Topo}*rapliic Inroniiutioii Building & riaiining Publications Ck*neral Administrative I Jceiiscs/Fines Tobacco Licenses Licensee or Employee Violations within 24 iiioiitli period 1st Offense 2nd Offense 3rd orfense & Over Canibling & Raffle IJcense Transient Merchaiit/Peddler IJcense Ceneral Administrative llociniients Listing liiforniatioii Assessment Search - Written (Verbal searches not given) Eai Charge Copy Service (for public City records only) l|••sI7** copies Individual copies of Ordinances (1 copy) Reprint of Oversized Documents that have been microfltmed Building Plan C'opics 2005 Fee Schedule ^age 19 Current Street Address Book Labels from Utility Billing System Audio Recording Duplication Information Provided on CD Mail III Postage and Handling Charge Pee Applicable C7odc Section 8-V^xll 11x17 17x22 22x34 $0.25 $1.00 $2.00 $ 4.00 $2.00 $4.00 $8.00 $16.00 $ 12.00 per acre ♦ engineering consultant fee if computer diskette is re(|tiircd As Posted - Prices subject to change $100.00 Ch. 50, Article 11 $ 75.00 $200.00 $250.00 $ 10.00 Ch. 38, Article 11 $100.00 pins actual costs Cli. 30 up to $1,500 $ 10.00 $ 20.00/pai cel No charge up to 6 pages; $.25 each additional page $ .25 each $ 1.00 each No Charge Cost o.^copying service, Messenger service Sc Min. Clerical Fee of $5.00 (entire amount to be paid upon recpiest) C'osI of Copying, Messenger Service & Min. Clerical Fee of $5.00 (entire amount to be paid upon request) $ 25.00 $.05 |KT label (approximately $150.00) $ lO.OO per tape S 10.00 per CD $1.50 » actual cost if more than $1.50 2005 Fee Scheduk-Fage 20 fJCENSE.S & MfSC Pocument Type (tciieral Administrat Surcharge for SI Professional 'I Clerical l ime I^gal/Eiiginec Mileagc/Copii Electr'*nic Lalicl!' Kcturiicd Check |H)r; UCKNSES Biannual Licen^ Annual License KENNEL LICKN.SK.^ C'ommercial /^pi (Anr Residential App (Ann Nf) PE: Dogs ke Resider DOf.'s atlak <;e -i First Olfense .Second Offense 'I bird Offense After Hours, Wee ANIMALS ATLARt; First Offense Second Offense '5 ‘hird Offense Iracc Sl i*atch An Trailer C'harge CARE OF IMPOUND, r I *1 I iriNSKS A MisrKM.ANKOiis ciiarc ;ks (COECj ytociimcnt Type f.Vneral DoennienK (ConHniiedl Surcharge for Slaff Kipcii&c in Excess of RtRular Fees IVufcssioiial Time Clerical Time i^al/EiiRinccriiig Consullaiils Mileaee/C.'upicx/rosilaKc/Elc. Klcclrpnic Lalicis Kcluriicd Cheek Charge DOG MCKNSKX liiannual I,lmise (issued in odd years) Annual Mcciise (issued in even years only) kj-.m^fi, UCENS kS C'oniiuercial /ippllealioii & Iiispccllon I'ce (Annual) Kesidcnlial Application & Inspection Fee (Annual) NO I K: Dogs kept in t esidcniial kennels nuisl he individually licensed. Uesideiilial kennel fee is In addition to dog license fees. dogs a t I .ARGE - RKLKASK 1*KE First OItense Seennd Offense Third Ofleiise After Hours, Weekend & Holiday Release Charge AMM ACS AT I,AR(;K (Other than dogs) - Release Fee Virst Olfnisc Srcnml Offense I till cl Offense I t nee Sl Calk'll Aiiiiiiul Traiiler Charge CARE OF IMPC3IINDKI) ANIMAL I'Ve $ SO.OO/lioiir $ 30.00/linur Aeluail Hilled (’cisl Acfiiul ('ost $ SU.OU % 20.00 15.00 S 7.50 $150.00 S 25.00 $ 55.00 $ 65.00 $ 75.00 $ 75.00 $ 55.00 $ 65.00 $ 75.00 $ 35.00/hour 5 55.00 plus .31 mile (total distance) Actual Cost Appliratile (*ode .Seelion sScc. 62-131 thru 62 135 .Sec. 62-161 (lirn 62-IRS Sec. 62-104 Ch. 62, Article 1 2005 Fee ScheiMe~Page 2! I iriTMSirs A miscellaneous THARCKS fCONT.) Permit TvP« Polkc Department Administered BEER, WINE & LIQUOR LICENSES Initial liivestigation On-Sale/Orf-Salc Liquor/3.2 Beer On Sale/ 3 J Beer Off Sale/Wine In slate investigation Out state Investigation OfLSale Liquor License On-Sale Liquor License On-Sale Wine License 3.2 Beer Off-Sale (Annual) 3 J Beer On-Sale (Annual) Selup( Annual) Club Liquor License (weekday) (Sunday) Temporary Set-up Permit (one day) Temporary Beer Permit (one day) Liquor Violatiuns 1" Violation 2*^ Violation 3"* Violation 4"* Violation AMUSEMENT DEVICE LICENSES Per Establishment (Annual) Per Machine Fee PUBLIC DANCE LICENSE (annual) (Individual Permit) LARGE ASSEMBLY PERMIT (over 300 people) FIREWORKS PERMI l Display of Flreworkfc'PyroIcchnlc Special Effects Sale and/or Storage of Consumer Fireworks nlamMauia Applicebic Code Section SSOO.OO per License Collected at Application Actual cost up to SI0,000 Actual cost $150.00 $5,000.00 $2,000.00 Ch. 34, Article II $ $ $ S S s s 50.00 100.00 100.00 200.00 200.00 25.00/each 25.00/each Sec. 34-66 Sec. 34-66 Sec. 34-77 Sec. 34-66 Sec. 34-66 Sec. 34-126; 34-143 Sec. 34-66 Sec. 34-66 Sec. 34-42 Sec. 34-82 $500.00 $1,000 & 3 day license suspension $2,000 & 2 svcck license suspension License revocation Sec. 38-601 thru 38-603 $100.00 + machine fee $ 25.00 each $100.00 $ 10.00 Sec. 38-501 thru 38-506 $200.00 $60.00 each Sec. 38-801 thru 38-803 additional day; actual costs up to $1,500 Sec. 70-99 $ 50.00 $ 50.00 2005 Fee Schedule-Page 22 r I U’KNSKS & MISCKM.ANKODS CnARnKS t£?>y 1-) Appliciitlon Type Pnllce DepartiiiMit Administered nRKARMS DISCHARGE PERMIT Occasional Oiniited use) Game Animals (limited use) Annual (Club Only) FIREARMS PERMIT TO CARRY LIMITED TRAPPING PEI^IT SPECIAL EVENTS PERMIT (Includes Parades, Noise Eiempllon, Use of Public Properl)) PAUSE POLICE ALARM USER EKES First false alanii/calcndar year SecumI lalsc alarni/caicndar year Third false alarm/caiendar year Fuiirlh false alann/ealendar year Fifth and over false alarm/caicndar year PAUSE FIRE ALARM USER FEES First false alarm/caicndar year Second false alarm/iaiendar year I bird false alann/calciidar year Eoiirtli false alarni/caicndar year Kiftti & aver false alarm/calcpdar year nNGERPRINTING SERVICE Fee Applicable l.’ode Section Ch. 70, Article III $ lO.UO $ 25.00 $ 25.00 $10.00 $20.00 See. 70-71 $ 50.00 or $200.00 If over < '»• Article VI 200 peo|ilc; actual costs up to $1,500 Ch. 42, Article ffl No Chari>c $50.00 $100.00 $150.00 $250.00 No CliarKC $ 75.00 $250.00 $t50.00 $500.00 each call Ch. 42, Article III $ 25.00/application for 2 cards - RE.SIDENTSONLY $1.1.00 each additional card (( iti/ensliip No Charge) 2005 Fee Schedule-Page 2} l.irENSKS A MISCF.LLANEOUS CHARGES fCONI.) Annlication Type Police PcoartmeBt AdminUlercd COPY SERVICE - Police Records P'irst Two Copies Addilionii Copies SUMMARY DATA REPORT COPY OK ACCIDENT REPORTS Accident Photos COPY OK DRIVER'S LICENSE R»;CORD COPY FROM MICROnCHE FILE First Two Copies Additional Copies "NO PARKING ORDER OF POLICE" paper signs (no lath included) AUDIO TAPE UIJPUCATION VIDEO TAPE DUPUCATION PHOTOGRAPH DUPLICATION From Negatives From Digital Camera SECURITY VIDEO ONTO CD STATEMENTS Fee Applicable Code Section $ 5.00/first page + $.25 each additional page $ 0.25 each $ 10.00 S 5.00 each $ 25.00 ininimuiii or actual cu.si S 5.00 each $ 10.00 $ .50 each S 1.00 each S 10.00 each $ 50.00 each S 5.00 plus the actual cost of duplication $10.00 $20.00 $10.00 (transcribed copy or CD when available; subject to Data Privacy Act) 2005 Fee Schedule-Page 24 PUBLIC WORKS department MISCF-M,ANF.0IIS (JMAKC I^ AppMcaHon Type IliilUvStrylcc Rates - Efferlivc beginning First Quarter 2005 MUNICIPAL SEWER RATE by unit: 1st 2nd by flow: S 93.90 per quarter $ 85.00 per quarter $ 3.54/1000 gallon plus $ 8.85 per quarter per connection MUNICIPAL WATER RATES Billing & Ready to Serve Chg Water Usage Rate Unconnected Property Chg (ready to serve/hydrant chg) Area HI Area H2 Area #3 jSavarre Hsvv 12 Chew Chase S2iS.85/qlr $9.75/qtr $9.75/qtr $ 2.27/1000 gal $3.15/1000 gal $2.36/1000 gal $26.85/qtr -fl- 0- Fce Federally Mandated Safe Drinking Watcr$ 5.21 per year on second quarter liilling Testing Program (Charged per service connection) Quarterly Service Charge for Non-Functioning $ 50.00 or Inaccessible Water Meter Bulk sale to Minnetonka Beach for Lafayette Ridge Area - Area 81 Rate $26.85/qtr billing charge plus $2.27/1000 gallon total flow at border meter. Bulk sale - All Others - $25.00 per location plus area rale pcr/1,000 gallons. i.e. Fill swimming pool or watering sod. Penalty for late payment of sewer/water bills - 8% after 30 days from billing date (applied to the total unpaid balance). Interest at 8% uu unpaid water/sewer bills ceriiricd. Applicable Code .Section Ord. 218,2”* Series Water Turn-On Water Turn-off S 20.00 Minimum $ 20.00 Minimum Water System Kcpair/Kcpiaccmcnt If damage caused by property ouiicr: Labor - Current Hourly Kate Parts - At Cost \2005 Fee Schedule-Pu^e 25 r I If • riJIlUC WOHKS OKI’Ain MKNT MISCKU-ANKOIIS C’HARC.KS ffON 1.) AnnHotlon Tvnc MUNICIPAL STORM WA'I KR UTILITY kATF.r» The basic iiilent of storm water rcRulalions is lo ininiiiii/e ific impact rf dvvclupiiieiit on natural drainaKc systems. Any development in an area wiil change the natural candili<jiis by iiicreasmfi the total vutuine of runoff and the level of pollutant loading. The storm water utility provides dedicated funds to operate, maintain, manage, construct or reconstruct the municipal storm water drainage system. Residential properties will be charged one residential unit fee for each residential unit on the pro|icrly. Non-rcsidential properties will be charged the appropriate number of residential unit fees based on the •Residential Equivalent Factor' for the properly. One residential unit: S ^*2' I**-' quarter Non-rcsidential unit: «" '’^csidcnllj.l Equivalent Factor' Applicable Code .SeelioM .Sec. 14-251 thru 14-287 RECYCLING CIIARCE Recycling Container - Inilial for nesv residence Replacement Contairer (Inctuding sales las) Wheel Kit S5.00 % 23.08/yvar No riiarRC S 3.00 each CiOLr COUKSK C:IIAKC;KS - Efrcitlvc ilalc liibS Seagull Monday thru Friday (ruludinR lloliduy^) 1 lay llrforr 12:00 Noon \\t Nine Holes $ 10.00 2nd Ninr Holes 5 8.00 10 Pass (12 |iunrlir.s/9 holes each)$100.00 S Pass ((• |iiinelies/0 holes eaeh)S 50.00 After 12:00 Noon and Weekend Kates 1st Nine Holes $ 13.00 2nd Nine Holes $ 10.00 2nd Nine Holes (Weekday AHei * 2:00 Nuoii)$ 8.00 10 Pa.ss (12 puiichesk/9 holes each)$130.00 5 Pass (0 piinchesv'9 holes each)S 6S.00 .Senior Citi/eii (Over 60 >ears old) Begin Play Before t2:00 Noon - Weekdays 1st Nine Holes $ 7.00 2nd Nine Holes S 7.00 Season Ticket (Siiaaor CHUeus Only)$170.00 2005 Fetf Schedule -Page 26 ■ I w PUBLIC WORKS DEPARTMENT MISCF» I ANEOUS CHARGES (CONTJ FeeAnnlicalioti Type GOLF COURSE CHARGES - Effective date 2005 Season (conlinucd) GOLF CART RENTAL Motorized: After 12:00 Noon an t Weekend Rates 1st Nine Holes (After 12:00 & Weekends) 2nd Nine Holes 10 Pass M! jiunchcs/9 holes each) $ I2.P0 $ 10.00 $ 120.00 Br|>iii Play Before 12:00 Noon 1st Nine Holes 2nd Nine Holes 10 Pass (11 |iunchcs/9 holes each) Pull Carls - Per Round Golf clubs - Per Round $ 10.00 S 8.00 S 100.00 S 2.00 $ 3.00 SI UDENT RATE (AGE.S 12 -17) Begin Play Before Noon Monday - Friday, Kicludii..” Holidays 1st Nine Holes 2nd Nine Holes S 7.00 $ 7.00 FA1.L GOLF RATES Will begin llte third Monday of September. - Weekend Rates: 1st Nine Holes 2nd Nine Holes Riding Carl $ 10.00 S 8.00 $ 9.00/per nine • Weekday Rales: l;;t Nine Holes 2nd Nine Holes Sr. & Jr. Riding C'art $ 8.00 $ 5.00 S 5.00 $ 7.00/per nine CONCF.SSIONS As Posted Applicable Code Section 2005 Fee Schedule-Page 27 [JEC 1 3 2004 REQUEST FOR COUNCIL ACTION UI T Uh OHUNO DATE: December 9,2004 ITEM NO: ^ ^ Department Approval:Administrator Reviewed:Agenda Section: Name LinVee Title Ciiy('lcrk #/ City Adinmisiiaior's Report Item Description: Proposed 2005 Mcetinij^chedulc Attachment: Proposed 2005 Orono Meeting Schedule On the attached schedule. Council meetings arc scheduled for the 2nd and 4th Monday of titc month at 7:00 p.m. As in the past, only one Council meeting is scheduled in December. Council work sessions have been scheduled for Wednesday, January 12 and Thursday, Febniary 10 at 5:45 p.m. Additional work sessions will be scheduled tiuoughout the year. Planning Commission meetings arc scheduled for the 3rd Monday of the month at 6:00 p.m. January and February arc the e.xceptions because of Monday holidays. In those months, the meetings will be on the third Tuesday. No Plamiing CommisaUi.- is scheduled in December. Regular Planning Commission work sessions have been scheduled for the first Wednesday of each month at 5:30 p.m. Park Commission meetings are scheduled for the first Monday of the month at 7:15 p.m. t.xccptions ate the July and September meetings which have been rescheduled for the following Tuesday because of the Fourth of July and Labor Day holidays. There is no December Park Commission meeting scheduled. The City schedules eleven holidays throughout the year, including 10 regular holidays and one designated lloaling holiday. The ten regular holidays are New Year's Day, Martin Luther King Jr. Day, Presidents’ Day, Memorial Day. Independence Day. Labor Day, N'eterans' Day, Thanksgiving Day. Friday after Thanksgiving, and Christmas Day. When a holiday falls on Saturday, the official holiday is scheduled for the previous Friday. When a holiday falls on Sunday, the official holiday is scheduled for the following Monday. Staff is recommending that this year ’s designated lloating holiday be used on Friday, December 23 to make a long holiday weekend. COUNCIL ACTION REQUESTED: Motion to amend/approvc/table the 2005 Meeting Schedule. V- .3 2005 City of Orono Meeting Schedule ij:: S M T W T F S 3i 1 4!| H 6 7 8 9 10 11^ 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 S M r W T F s 1 tl! 3 4 5 6^7 8 9^ 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 S M T W T F S 1| ^1 3 4 5 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 r..-* Vs^:Vi^'May ■ '4^s^Jgne’ S M T VW T F S S M T W T F S S M T VV T F S 1 2 I'.;,?: 3 llii 5 6 7 1 2 3 4 3S« ^IIIB 7 8 9 8 9 10 11 12 13 14 5l^'6’ 7 8 9 10 11 10 11 12 1 3 14 15 16 15 16 17 18 19 20 21 12 13 14 15 16 17 18 17: 18 19 2!0 21 22 23 22 23 24 25 26 27 28 19 20 21 22 23 24 25 24 25 26 2!7 28 29 30 29 30 31 ! 26 27 28 29 30 S M 1 \;v T F S S M T W T F S S M T W T F S 3 :.4^.g 1 1 2 SI 2 |»: 4 5 6 1 2 3 B 7 8 9 7 8 9 10 11 12 13 4 5 ,6| tl 8 9 10 10 11 12 1 3 14 15 16 14 15 16 17 18 19 20 11 12 13 14 15 16 17 17: 18 19 2>0 21 22 23 21 22 23 24 25 26 27 18 19 20 21 22 23 24 24 25 26 2 31 >7 28 29 30 28 29 30 31 25 26 27 28 29 30 S M T 'i/V T F S S M T W T F S S M T W T F S 1 1| tt 3 4 5 1 2 3 2:^ 4!|||B 6 7 8 6f:^ 8 9 10 11 12 4 5 6 Itl 8 9 10 9 10 11 112 13 14 15 13 14 15 16 17 18 19 11 12 13 14 15 16 17 16,17 18 119 20 21 22 20 21 22 23 24 25 26 18 19 20 21 22 23 24 23 24 25 2 30 31 ?6 27 28 29 27 28 29 30 25 26 27 28 29 30 31 KEY Q Piirk roniiiiiskioii Meeting, l»l Monday. 7:15 pin Q Council Meeting, 2nd & 4lh Monday, 7:00 pin n Planning C'ommiveion Meeting, 3rd Monday, 6:00 pm n Offieial Holiday r~l Ulhcr Event 5 Council Work Sek>ton, 5:45 pin m Planning Commission Work Session. 5:30 pm *PI..\NMN<; COMMISSION - May throttgli October - 1st ruesday is an alternate meeting date. Adopted:12 13 04 r- ^Ai 1 j 2004 REQUEST FOR COUNCIL ACTION Cl f y OF OHONO DATE: December 9,2004 ITEM NO= ^3 Department Approval: Name Lin Vcc ^ J Title City Clerk f Administrator Reviewed: r‘/ Agenda Section: City Administrator's Report AItem Description: Council Liaison to Park Commission and Planning Commission Meetings in 2005 The following is a proposed schedule for Council Member attendance at the monthly Park Commission and Planning Commission meetings during 2005. SCHEDULE PARK COMMISSION PLANNING COMMISSION Meeting Date Representative January 3, 2005 Lili McMillan February 7 Jim Murphy Maich 7 Bob Sanseverc April 4 Jim White May 2 Mayor Peterson June 6 t ill McMillan July 5 (Tuesday) Jiiii Muiphy August 1 Bob Sanseverc September 6 (Tuesday) Jim White October 3 Mayor Peterson November 7 Lili McMillan Meeting Date Representative January 18« 2005 (Tuesday) Bob Sanseverc I cbniary 15 (Fuesday) Jim White March 21 Jim Miiiphy April 18 Mayor Peterson May 16 Lih McMillan June 20 Bob Sanseverc July 18 Jim White August 15 Jim Murphy Scptcml>ei 19 Mayor Peterson October 17 lih McMillan November 21 Hob Sanseverc COUNCIL ACTION REQUESTED: Motion to approve schedule for Council attendance at the Park Commission and Planning Commission meetings during 2005 I1 LUison 2005 due CTIKJG REQUEST FOR COUNCIL ACTION DEC 1 5 2004 DATE: December 10,2004 ITEM NO: Cl I f OH OHONO Deparinient Approval: Nanc Ronald J. Moorse Title City Administrator Administrator Reviewed: Agenda Section: City Administra!or*s Report Item Description: Appointment of Chair and Vice-Chair of the Parks, Open Space and Trails Commission With tlie retirement of Andrew McDermott from the Parks, Open Space and Trails Commission, it is necessary to appoint a new Chair atid Vice-Chair of the Cuntmission. COUNCIL ACnON KEQUESI ED Motion regarding tite appointment of a Chair and Vice-C’hair of the Parks. Open Space and Trails Commission. ift 1/^ II p "■•■timg IJfC \ 5 2004RKQIJKST FOR COUNCIL ACTION Cl r Y OF OROMO DATK: December 13. 2004 ITFM NO: Department Approval: Name Tom Kuehn Title l‘inance Director%u.Administrator Reviewed: » ''f Agenda Seetion: City Administrator's Report Item Description: 2004 Intcrfiind Transfers and l«oan Payments Attachment; .Scltedulc of 2004 Interfund IVansfers and Loan Payments liach year the Council is rcipiested to aulhori/.e transfer of monies between fiiiuls. I’hese transactions fall into two categories; I.) lJudgeted I ransfcrs - Items designated in that year ’s budget when originally adtipied for the purpose of providing support from one fund to another. 2.) Lund Obligations - (a) Piiymenis from one fund to another to reimburse expenses incurred by one fund t>ii liehalf on another, 'fhis is generally for City pm tions of special assessments, or for eipiipment capital outlay. (b) I oan pa>ments from one fund to another. Loans are generally made to construction funds for the purpose of |)ayinent of e.xpenses iucuired prior to the sale of bonds and the levying of special .issessments. In addition certain loans are necessary to fund major undertakings when the fund incurring the e.xpense does not have adequate cash (low available to complete the project, fhis would incluile such situations as the loan from the C'ommunity hn estment Lund to the Water Operating Lund for the Navarre water plant rehabilitation project. COUNCIL AC TION RFQHF.STED: Approval of transfers as indicated on the attached schedule. I From Fuml General Ciciicral (ienCral General Cominiiniiy Invesiment I’lK l-'uiui Water Operating Sewer Operating Schedule of 2004 Interfund Transferg and l.oan l*avmcnl» To Fund Amount Purpose Imp & Lquip Outlay $ 45,000 Annual operating transfer for capital equipment purchases, as budgeted. Imp Hquip Outlay $ 3.260 Budgeted annual payment from pt>lice operating budget for city network improvements. IMR I’und $ 2,740 Budgeted reimlnir.sement from ptdice oficrating budget for copy machine advance, 3''' and linal IMR I'und $ 15,000 Budgeted loan payment (H\ rrf 6) from police operating budget Ibr lAKilS police records system advance. I‘)‘>K Public I’acility $ 120.000 Annual operating transfer fortlebt Refunding Bond Debt service .support of I IRA building bonds, as budgeted. .Sttrrm Water Tund $ 100,850 Transfer of tax levy revenues collected in IMR I 'und prior to the creation of the Storm Water I'und; net oi storm water expenditures from the PIR ITind prior to the ereatmn of the Storm Water ITind. Community Investment $ 48.610 Budgeted loan payment for Navarre water treatment plant rehabilitation project. (Prmc paid. $31,660; int paid $ 16,080. Loan balance .it 12/3 1 /04, $285,040). 1000 ImproNcment Bond Debt $ 12,210 Annual oper.iting transfer l\>r debt service support of non-assessed properties, as budgeted. ii r 1% •"■'•TING DEC 1 2004 REQUEST FOR COUNCIL ACTION Ul I y OF OHONO DATE: nf*ccmbcr 8, 2004 ITEM NO: ^6 Tille Finance Direclor Department Approval: /// Administrator Reviewed: Name Tom Kuehn Agenda Section: City Administrator's Report Item Description: Authorization to disburse City funds for claims received Typically during the month of December the City has only one Council meeting. The second Council meeting, which lalls on or near the Christmas holiday, has been canceled. We will have the ne.xl scheduled Council meeting on Monday, Januar>' 10, 2005. We therefore arc requesting authorization to do a normal claims processing for the canceled Council meeting. This practice has been done in December each year with the Council then formally approving the claims at the first meeting in January of the following year. COUNCIL ACTION KEQUES I'ED: Motion to authorize the City Treasurer to disburse City funds in payntent of claims received for the December 27"* Council meeting, which has been canceled, and that such paid claims be presented for fonnal approval at the January 10, 2005. Council meeting. Wmd F«Khrf\TtMAAMtt«niil> wpd i r DEC U 2004 REQUEST FOR COUNCIL ACTION Cl I y OH OHONO DATE; 12/13/04 ITEM NO;57 Department i^proval;Administrator Reviewed;A)>cnda Section; Name; Stephany Good Title; Chief of Police Item Description: Fill vacant patrol officer position - Chad Stensrud Exhibits: DISCUSSION: There airienlly is one o|X'n patiol officer position in the Orono Police Departinent. Chad Richard Stensrud has successfully completed all phases of the hiring process which incliiiled physical fitness and written exams, an interview priKess, and a thorough background with a medical and psychological evaluation. Mr. Stensrud graduated from Prior Lake High School in 1999, where he played varsity basketball and was captain for two years. He was involved in the student council all four years of high school, lie received his Bachelor of Science degree in criminal justice from Winona State University in 200.3, where he graduated cum laude. He completed his Skills at Alexandria Technical College in the summer of 2004. He has no prior police or military cxixirience. People describe Chad as outgoing, responsible, and that he strives to be the best at everything he docs. He cuncntly resides with friends in Prior Lake. COUNCIL ACTION REOUE.STED; Motion to approve the hiring of Chad Richard Stensrud for the position of Police Officer at the starting |K)licc officer pay rate, beginning December 13, 2004. \ nr\i REQUEST FOR COUNCIL ACHON DATE: December 8,2004 ITEM NO; ”~'"riNQ 1 j 2004 Cl rv OK OHOno Department Approval:Administrator Reviewed:Agenda Section: Name Ronald J. Moorse City Administrator's Report Tilk City Administrator Item Description:2004/2005 Police OfTiccr Contract Settlement A Contract settlement has been reached with the Police Officers for the years 2004 and 2005. The settlement is based partially on negotiated contract items and partially on an award through the binding arbitration process. The pay increases were negotiated. The benefits increases were the result of the arbitration process. 1 he terms of the settlement arc as follows: I. 2. Pay. A. 2004: 3% increa.se U. 2005: 3% increase C. Part-time Police Ollicers move to the full-time police olTicer pay schedule. Benefit Contribution: A. 2004: $500/month (no increase from the 2003 amount) n. 2005: $565/month 3.Premium Holidays: Add Martin Luther King Day and Veterans ’ Day to the list of holidays for which officers receive an additional one-half hour of pay for each hour w«>rked. ITiis brings tire number of premium holidays to 10. COUNCII. AC TION REQUESTED Motion to approve the 2004/2005 police oflker contract settlement, and to authorize the City Administrator to sign a contract reflecting the approved .settlement. IV k REQUEST FOR COUNCIL ACTION DEC 1 i 2004 DATE: December 10,2004 ITEM NO:u I y OF ORONO Department Approval: Name Ronald J. Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator’s Report Item Description: 2005 Non-Union Employee Group Benefits Adjustment-Resolution The Council, at its November 8 meeting, approved an increase of $40.00/month in the City’s benefit contribution for the non-union employee group for 2005. Since that lime, the police officer employee group was awarded a $65.00/month increase in the city’s benefit contribution through a binding arbitration process. The City has maintained consistency across all employee groups in relation to the city’s benefits package for many years. It is recommended that the City continue to maintain this consistency by providing the $65.00/inonth benefit contribution to the non-union employee group for 2005. A resolution reflecting this adjustment is attached. COUNCIL ACnON REQUESTED Motion to adopt the attached resolution approving pay plan adjustments for non-union employees for 2005, which reflects an increase in the City's benefit contribution to $565.00 per month. K S RESOLUTION AMENDING RESOI.UTION NO. 5252 PAY PLAN ADJUSTMENTS FOR NON-UNION CITY EMPLOYEES FOR 2005 WHEREAS, the City Adniinislralor is responsible for annually presenting pay plan adjustments for City employees, with the exception of employees covered by collective bargaining agreements; and WHEREAS, sufficient funds have been appropriated in the proposed 2005 Annual Budget to fund the recommended pay plan adjustments and such other matters of compensation as herein specified. NOW, THEREFORE, BE IT RESOLVED, by the Orono City Council as follows: 1 . That the 2005 employee pay schedule; reflecting a 3.00% pay adjustment effective 1-1-2005, is approved. 2. That the City's cafeteria benefit plan contribution be increased to $565.00 per month. 3. That City employees using their own vehicles for appioved work related business shall be compensated at a rate allow ed by the IRS (currently $.375 per mile). Adopted by the Council this 13th day of December, 2004. Barbara A. Peterson, Ma^'or ATTliST: Linda S. Vec, City Clerk Ptge I of I ■ : t 5 • REQUKST for council action OfC 1 3 2004 DATE: Dci'ember 10,2004 ITEM NO: CITY OF OHUivU Department Approval: Nnnu* Ronald J. Moorsc Title City Administrator Administrator Reviewed: ■n/I Agenda Section: City Adininisirulor's Report Item Description: 2004/2005Police Sergeiiiit Contract Settlement Negotiations with the Police Sergeants regarding a contract settlement for 2004 and 2005 are in process, riic amount of the City’s benefits eontribiilion is the only issue open for negotiation in 2004. The Sergeant wage rate for 2004 will be set at a 10% differential from the Police Officer top patrol rate. We have suggested resolving both the 2004 and 2005 contracts at this time. If we arc able to reach an agreement prior to the Council meeting, wc will bring the settlement to the Council for approval. COUNCIL ACTION REQUESTED Motion lt> approve the 2004/2005 Police Sergeant contract settlement, and to authorize the City Administrator to sign a contract rellccting the approved settlement. ( .1 t i ! r *• »^n REQUES'I' FOR COUNCIL ACTION btAm OfC 1 j 2004 ' y OF CHUn^o IMTK; 12/LV04 ITEM NO:<5, OcpartmeiK Approval:Administralor Rfvicwed:Agenda Section: Name: StephanyCo« Title: Chief of Police Item Description: Accept Animal lmn«±a Exhibits; DISCUSSION: for animal impound control with the Greater West Metro Humane GmS wZm County). The City ha.s made arrangement^ >it ih I c ro Society to take impounded animals to a temporary holdini! kennel M Stalulc 35.71 and. if no, of stray pt-IsTAnTmalfaTtf "f,"'H be made In locale Ihe ™ ner n .v' Ko; ™ microchips by Ihe Orono Police IX-panmem ) Owners pay dll boarding costs and/or if necessary, costs associated with euthanasia. -.Cu"n*d^:,r ^ “ The ei.y agrees ,o imp,u„d dogs and « qumeriyh -*250.28.(billed COl^NCI L ACTION REOUF.STFn - Motion ,o approve 2th,5 impound Service fee of $4,10,3.71 ,o the Greater West Metro Humane OEC 1 2004 REQUEST FOR COUNCIL ACTION CITV of ORONO DATE: October 8.2004 I I EM NO; 33 Department Appro Name LinVee Title City Clerk T Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Temporary, Parl-Timc^lcrical Employee to Assist with Employee ____Recognition Event_________________________________________ The City is holding its annual holiday luncheon and employee recognition event on Friday, December 17. In order to enable all employees to attend, staff is requesting authori/ation to hire a temporary, part-time clerical employee to assist with receptionist duties during the event. Staff Recommendation It is recommended that Council approve the hiring of a temporary, part-time clerical employre, at a pay rate of $10.00 per hour, to assist with receptionist duties during the employee recognition event on December 17,2004. COUNCIL ACTION REQUESTED: Motion to approve the hiring of a temporary, part-time clerical employee, at a pay rate of $10.00 per hour, to assist with receptionist duties during the employee recognition event on December 17,2004. r REQUEST FOR COUNCIL ACTION DEC 1 i 2004 CITY OF ORONO DATE: December 10,2004 H EM NO:3i Dcparlmcnt Approval:Admiuisfrator Kcvicncd:Agenda Section: Name Lin Vcc \ Title CilyCIcik y A1 Licenses Item Description: List of Licenses for Council Approval ANNUAL LIQUOR LICENSES On Sale 3.2 Reer 1. Lakeview Golf of Orono, Inc. 405 North Arm Drive 2. Orono Golf Course 265 Orono Orchard Road South Off Sale 3.2 Beer 3. O’Sullivan ’s 2420 Shadywood Road On Sale Liquor ajid Sunday 4. Narrows Saloon (Orono Liquor Inc.) 3380 Sltorelinc Drive SPECIAL EVENT 5. Applicant: livcnt: I ocation: Date; Time: Stonewood Design and Build, LLC 2005 Spring Preview Parade of Homes 2695 Kelly Avenue February 12 -20, 2005 Noon - 6:00 p.m., Thursday - Sunday COUNCIL ACTION REQUESTED: Motion t' deny or approve the above listed licenses. •« .. ♦ (D state of Minnesota County of Hennepin City of Orono License No: Amount: 2005-04 $100.00 o # > • > V'- Liquor License /• . •*. i . fr-On Sale 3.2 Beer Upon investig.'ilion and satisfactory ovidenco of tlie qualification of tfie liconsoe. this license is granted and pursuant to application and payment of fco thereof, and is subject to all the provisions and conditions of tho laws of tho United Stales, the laws of the State of Minnesota, the regulations and ordinances of the City of Orono. and tho rules and regulations of the Liquor Control Commissioner, pertaining to such, and subject to revocation according to low for violation thereof. This license is not trunsforablo except by consent of the issuing authority. Granted To: Business Name: Business Address: Commencing: Terminating: Business Description: Giyiit Wunkslern Lakeview Golf of Orono 405 North Arm Drive January 1, 2005 Docombor 31.2005 l^ublic Golf Course issued by auUiority of tfio City Council of tfio City of Orono, Minnesota on: December 13. 2001 Barbara A. Peterson. Mayor Attest: Linda S. Vco, City Clerk -t Crystal Bay,IOay.MN'5M23. (tm) ;4tM<f 18,/^d pKino u». f. I r race 1 of 1 I Lin Vee From: Kurt Erickson Sent: Wednesday, December 08, 2004 9; 16 AM To: Lin Vee Subject: Laknviow golf • Liquor Lin. In reviewing iho police records for Lakeview golf I beliovo the licnnso should bo renewed, Kurt 12/0/2004 10/04 Directions: APPl ICATION FOR RENEWAL OF ANNUAL INTOXICATING LIQUOR. WINE. 3.2 PERCENT MALT LIQUOR. AND SETUP LICENSES Cily of Orono RBCP iu ^ 2750 Kelley Parkway P.O. Box 66 DEC 0 9 Crystal Bay. MN 55323 " ^ 20Q4 Phone: (952)249-4600 Thin form must bo fillod cut with typowritcr or by punting in ink. If tho upplicution is by an iiulividuiil parson, by such person; if by a corporation, by an officer thoraof, if by a paitncrship, by OIK) of tho pnilnois; if hy an unincorporated association, by tho manager or managing vlficor. License typo; (check all that apply) On S.'ilo Irrtoxic.iting l.kjuor ($5,000 00) Wino ($2000.00) Sunday Liquor ($200.00) Off Siile IntoxicaliiKj ($1fj0.00) 1 Club ($200 00) j Setup ($100.00) X 3.2% On Salt* ($100.00) J 3.2% Oil Sale ($50.00) License year:__mii.(.lanuaty 1 - DectJinber 3t) 1. 2. Nanuj of applicant/lifonsoo (name of Individual, partnership, aosorjiation or corporation): __ 4ir.o !■__Rkv II'iJ_____________________________ Business Trade Name ? .Q.lllfA _______________________ Busineris Adtliess___•'? “''4 / ....SSiH''/ . Phono /fSiP.' Mailint) Address (if dilferent) '^fio f^. -Slu'i (a) ___ U'f* Licensoo ’s Minnesota Tax Idtrnlilic.itiun Nuinl)or..........*/ 3 / - Sy .................................. t icenMiu's rodeial lax Identification Number _____‘^1f ____________ _ If the ahovu nained licenM*c is .in individual, complete the followintj C'ronia................ N.inm (I (Mnldio) (I ai*t) '^ f Q ^ ^ i__ P __ . I loiim Atidiou!^ (liUuul) (C»fy) U'lp) Dale of Bifth Mttiro f*hono If Ihi* iibovt' nmncHl liornsco Is a p.iitnoiship. association, or corporation, complute the lollowino for each |).:irtnri/cfficrr: a. Miirtnpr/Offirm Narno l*»jftnofM )W(HI Nanif Hrmiti AdilrrM c: Ptiitiioi/Offltjcf Nam® (•t. - -- (»trtl) (iktiuut) (fifnir* (Slifnl) (fnsi)“ (MuMlo)(t as!) (Olyj U a»i) (City) (Middlp)<U»l) tlillp) U'pr' (lillr) (lilh*) (SliPrI)U'lly)l/'P) Hatu of UifUi Phu*w Date of Hifth Hun« Pfujnt Oaf* of Birth Hume I *hi>ne Page 1 % ^ 3. 4. 5. Complete the following for the manager of the above-named business: ______________Qratyj-____________//________________a. 8. Individual Name (F-trsI) (Middle) I/O /l). -SlufC br ■ (Last)Date of Birth Home Address (Street)(City)(Zip)Home Phone Have there been any changes in ownership or control of the licensee or enlargement or alteration of the licensed premises since the date of the last renewal application? (This includes any transfer of stock or change of officers or directors of a corporation.) X No, ____Yes. If yes, describe the changes and the date of City Council approval of these changes? Has there been a change of manager, operating officer or agent in charge of the licensed premises since the date of the last renewal application? (This is defined as the person responsible fpr day-to day operating decisions of the premises.) X No: _____Yes. If yes, describe the change and the date of City Council approval of the change? 6. Have there been any other changes to the information contained in the original or previous renewal applications which have not been submitted to the City? X No; _____Yes. If yes, describe these changes and/or include floor plan. 7. Are any real estate taxes, personal property taxes, special assessments or other financial claims of the City of Orono delinquent or unpaid for the premises licensed? _yC No; _____Yes. If yes, give details. Have you received any summons during the past year under M.S. 340.951? (This is a claim for injury resulting from the sale of liquor filed under your dram shop insurance.) X No; _____Yes. If yes, attach a copy of each summons received. Applicant and his associates in this application will strictly cotnply with all the laws of the State of Minnesota governing the taxation and the sale of intoxicating liquor, wine, or 3 2 percent malt liquor or beer and the Orono City Code, and I hereby certify that I have read the foregoing questions and that the answers to said questions arc true of my own knowledge. f ■| 10. As the person executing this application for this license, I acknowledge that an investigation will be conducted for use in determining my qualifications. I hereby expressly authorize release of any and ail information which any organization, company or person may have, including information of a confidential or privileged nature. I hereby release the City and any organization, company or person furnishing information to the City, as expressly authorized above, from any liability for damage which may result from furnishing the information requested. 10. The information requested on this form will be used by the City of Orono in the issuance of your license or processing of your renewal application. The information that you supply on this form will becorrie public information when received by the City of Orono. Under Minnesota law (M.S. 270.72), the City may be required to provide the business tax identification number and social security number of each applicant to the Minnesota Commissioner of Revenue. ANY FALSIFICATION OF ANSWERS TO THE ABOVE QUESTIONS Will RESULT IN DENIAL OF J_HE (Title) (notary stamp) Subscribed and sworn to before me this _____day of_______________. 20 __ (Notary Public/City Clerk) SEE ATTACHMENT FOR ADDITIONAL DOCUMENTS REQUIRED AS PART OF THIS APPLICATION. CITY USE: Date Fee Paid:^/z^/^. Amount: /z/ Date Council Approved:___________ Receipt No.: P V License No.; Pag«3 \ \ : f ; ' *• I , state of Minnesota County of Hennepin City of Orono •’ . /o o M;* TVf • I I; ^^Ai. (9 icense No: Amount: 2005-05 Exempt ^ , <.«Nr ^ - • , - —^ Liquor License y * 'V H - t!l Upon investigation and satisfactory evidence of the qualification of the licensee, this license is granted and pursuant to application and payment of fee thereof, and is subject to all the provisions and conditions of the laws of the United Stales, 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 subject to revocation according to law for violation thereof. This license is not transferable except by consent of the issuing authority. • i • Granted to: Business Name: Business Address: Commencing: Terminating: Business Description: Ron Steffenhagen Orono Golf Course 265 Orono Orchard Road South January 1,2005 December 31 ,2005 Municipal Golf Course Issued by authority of the City Council of the City of Orono. Minnesota on; December 13, 2004 Barbara A. Peterson, Mayor Attest: Linda S. Vee, City Clerk I r Page 1 of 1 Lin Veo From: Kurt Erickson Sent: Wednesday. December 08,2004 9:39 AM To: Lin Vee Subject: Orono Golf - Liquor Lin. The police department recommends renewal of Orcr.o Goll s 3.2% beer license. Kurt ; 12/9/2004 10/04 APPLICATION FOR RFNPWAL OF ANNUAL INTOXICATING LIQUOR. WINE. 3.2 PERCENT MALT LIQUOR. AND SETUP LICENSES City of Orono 2750 Kelley Parkway P.O. Box 66 Crystal Bay. MN 55323 Phone: (952) 249-4600 Directions This form must bo filled out with typewriter or by printing in ink. If the application is by an individual person, by such person; if by a cuipoiution, by an officer thereof; if by a partnership, by ono of the partners, if by an unu.^orpoiated association, by the manager or managing otficcr. License typo: (check ail that apply) On Sale Intoxicating Liquor ($5,000.00) Wine ($2000 00) Sundiiy Liquor ($200.00) Off Sale Intoxicating ($150.00) U Club ($200 00) 1 ) Setup ($100 00) t^'3‘27o On Sale ($100.00) (1 3.2“/o Off Sale ($50 00) License year:2005 (Januaiy 1 - December 31) 1.Name of applicanl/licoiisee (name of individual, partnership, association or corporation): V3------ Business Tiade Name (O ff; Y1 o __J^z:, Business Addiess y'l< __ Phone ? l^'' / {5U99\)............. Mailing Address (if diltcient) Fo /CZ~» C 'C VJjlL — f (/•«») Licensee's Minnesota Tax Ulentification Number ^O /____ Licensee's Federal Tax Identification Number___H 2.If the above named licensee is an individual, complete the following. a. &u ______ liufividual f^aiur s S YI y Hnifuj Address ______________________________ / 4 (MiOdia) ,-y. ^ HT ‘‘‘ I'. - yh t H (Stiefd)(City) (last) ^'S.SSf (/■p)Hofiie Fnone If tfie above niimed licensee is a paitnmship. association, or coiporation. complete the following for e.rcfi p.aiti ler/ullicef: Paithtff/UftictJi Namu (f if at)(Middle)(Uit)(lillp)Dale of Birth Home Adilfess (SUeet)(City)("»P)Home Phono b. PdftJitfi/OttiEei Name (fM^t)(Middle)(last) Moma Address (Streol)(C.ty) (Tine)Da@ of Birth Home Phone (^aitiTui/Otficei Name (f list)(Middia)(lest)(Title)Dele ol Birth Home Aifdreif (Street)(City)i:^'P)Home Phone ■MWttilBlllt 3. Complete the following for the manager of the above-named business; a. Individual Name (First)(Middle)(Last) Home Address (Street)(City)(Zip) Date of Birth Home Pnone 4.Have there been any changes in ownership or control of the licensee or enlargement or alteration of the licensed premises since the date of the last renewal ap^cation? (This includes any transfer of stock or change of officers or directors of a corporation.) ^ No; -------Yes. If yes, describe the changes and the date of City Council approval of these changes ; 5. Has there been a change of manager, operating officer or agent in charge of the licensed premises since the date of the last renewal application? (This is defined as the person responsible for day-to- day operating decisions of the premises.) \— No; _____Yes. If yes, describe the change and the date of City Council approval of the change? 6. Have there been any other changes to the information centred in the original or previous renewal applications which have not been submitted to the City? ^ _ No; _____Yes. If yes. describe these changes and/or Include floor plan. 7. Are any real estate taxes, personal property taxes, special assessments or other financial claims of the City of Orono delinquent or unpaid for the premises licensed? No; _____Yes. If yes, give details. 8. Have you received any summons during the past year under M.S. 340.951? (This is a claim for injury resulting from the sale of liquor filed under your dram shop insurance.) No; _____Yes. If yes. attach a copy of each summons received 9.Applicant and his associates in this application will strictly comply with all the laws of the State of Minnesota governing the taxation and the sale of intoxicating liquor, wine, or 3.2 percent malt liquor or beer and the Orono City Code, and 1 hereby certify that I have read the foregoing questions and that the answers to said questions are true of my own knowledge. lU.As the person executing this application for this license, I acknowledge that ari investigation will be conducted for use in determining my qualifications. I hereby expressly authorize release of any and all information which any organization, company or person may have, including information of a confidential or privileged nature. I hereby release the City and any organization, company or person furnishing information to the City, as expressly authorized above, from any liability for damage which may result from furnishing the information requested. The information requested on this form will be used by the City of Orono in the issuance of your license or processing of your renewal application. The information that you supply on this form will become public information when received by the City of Orono. Under Minnesota law (M.S. 270.72), the City may be required to provide the business tax identification number and social security number of each applicant to the Mimesota Commissioner of Revenue. ANY FALSIFICATION OF ANSWERS TO THE ABOVE QUEST IONS WILL RESULT IN DENIAL OF_X.H.E APPLICATION. (Signature)(Title) i. Subscribed and sworn to before me this (notary stamp) day of 20^* / ©LINDA S. VEE ^ Wary public • miwie oot.\ (i MYCotnm(»4icnF.xp<e»Jin .tl.?:05 Krt (Notaiy Public/City Clerk) SEE ATTACHMENT FOR ADDITIONAL DOCUMENTS REQUIRED AS PART OF THIS APPLICATION. CITY USE. Date Fee Paid:JL)UJt^}l— Amount:, Date Council Approved:___________ Receipt No.; License No.: 1 Page 1 of 1 Lin Veo From: Kurt Erickson Sont: Wednesday, Decembor 00, 2004 9:41 AM To: Lin Veo Subject: O'Sullivans ■ Liquor Licenso Lin. The polico doparlmonl rocommonds approval of the liquor (3.2% oil salo hour) license for O’SuIliv.an ’s. Kurt 12/9/2004 r. 10/04 APR ICATION FOR RENPWAL OF ANNUAL INTOXICATING LIQUOR. WINf:, 3.2 PERCENT MALT LIQUOR. AND SETUP LICENSES City of Orono 2750 Kelloy Parkway P.O. Dox 66 Crystal Bay. MN 55323 Phone; (952) 249 4600 Dirocllons;This fomt must be filled out with typomiter or by printing in ink. If tho application is by an Individual person, by such person; if by a coipomtion, by an officer thereof; if by a partnership, by one of the partners, it by an unincoiporated nssocintion, by tho manager or managing officer. If Liconso typo; (chock all that arply) I On Sale Intoxicating Liquor ($5,000.00) Wina ($2000.60) Sunday Liquor ($200.00) Olf Sale Intoxicmiiuj ($150.00) □ Club ($200.00) n Setup ($100.00) I I 3 2% On Sale ($100.00) 3.2% OM Saif! ($50.00) Liconso year; 1. 2005 (January 1 - December 31) Name of opplicont/liccnseo (name of individual. partnt?i ship, asviociation or corporation): Q___lpJi/l(r€(U\ Sl ^V(Cr f Busiiu.'ss Trade Name Business Addn!s;i___,-9'\'X() /tUi'rf/l'i'f >I^‘^5l’hone ^ (CH>) (i'Pl Maitiny Address (if different).......J ' ^ __ ll (t Liconsoo’s Minnesota Tax Identification Number 7! ft "X-P_ ___ l.iCcnsoQ's Federal Tax Identification Number____^/ /'~ <0 ^LA-l'i^SL 2. If file above named licensee is an individual, complete tlie following' Q. indivKlu*il N.tine *Horn<> Ailtlioas () iftil) ISfitttiO (Middtw) (Cay) (I nst) (2‘pr Date* of Bifih Horne f'hone If the above named licemam is a padneisbip. assod.ition. or coipoiation. complete the following for each partnor/officer: {, . . _________- pjiliiuT/omLoi Njijjtj {f iiMY . (Mulclle) ^ (La»n (liMn) Oi 1/'/ /] /Iric U1// fc* ____ iitHim Ai1<lii)SS (SUifol) iCily) b. rjilnci/Officer Name (flrM) (I cl r/i/iK Mamiio (bllPMl) Puitnor/Offtcci f4^ine (fust) Htinm Aihliaut (Str««0 m itV A’/*C __) TI j (Muld'lo) (last) (liltn) Av>-. (lain) (City)i-:ip) (MuJtJIg) (t«st) ' (OV) Date o» BiSh (Zv)Horn# Phentt Paae 1 !L 3. Complete tho following for tho manager of tho above-named business: a.C/1R(?/jfJAJ___t>j> Individual Narna (first) Home Address (Street) (Middle) /)\OiltV p__ (la«l) jEiCAkH. (Ciiy)(Z'P) (^te of Birth Home Phorte Have there been any changes in ownership or control of the licensee or enlargement or alteration of thr» licensed premises sinco the date of the last renewal application? (This includes any transfer of stock or r;hange of officers or directors of a corporation.) No;____Yes. If yes, describe the changes and the date of City Council approval of thov.o changes? 5. Has there been a change of manager, operating officer or agent in charge of the licensed promises sinco the date of Uie last renewal application? (This is defined as Iho person responsible for day-lo day operating decisions of the premises ) )C No,_____Yes. If yes, describe tho change and Ihc dote of City Council approval of the change? 0, Have there been any other changes to the information contaii^d in the original or previous renewal applications which have not been submitted to the City? __K No; _____Yes. If yes, describe those changes and/or include floor plan. 7. Are any real esialo taxes, personal properly taxes, special assessments or other linancial claims uf the City of Orono delinqiicMit or unpaid for tho premises licensed? No;_____Yes. If yes, give details. 0.Havr? you rec(''verl any summons duiing the past year under M S 340 951? (This is a claim for injury resulting from the sale of liquor filed under your dr.iin shop insurance.) No; _____Yes. If yes, nflach a copy of each summons rccoivr:>d. Ap|)licant and fiis associates in tliis application Will strictly comply with all the laws of the State of MitHir»sol.i govrMP.ing tho taxalion and the sale of intoxicating liquor, winii, or 3 2 percent malt liquor or boor and the Orono City Code, and I hereby certify that I h.rve read the foregoing questions and th.at tho answers to said questions are true of my own Knowledge. «i 10.As the person executing this application for this license. I acknowledge that an investigation will be conducted for use in determining my qualifications. I hereby expressly authorize release of any and all information which any organization, company or person may have, including information of a confidential or privileged nature. I hereby release the City and any organization, company or person furnishing information to the City, as expressly authorized above, from any liability for damage which may result from furnishing the information requested. The information requested on this form will be used by the City of Orono in the issuance of your licensa or processing of your renewal application. The information that you supply on this form will become public information when received by the City of Orono. Under Minnesota law (M.S. 270.72). the City may be required to provide the business tax identification number and social security number of each applicant to the Minnesota Commissioner of Revenue. ANY FALSIFICATION OF ANSWERS TO THE ABOVE QUESTIONS WILL RESULT IN pENIAL.OF THE APPLICATION. /lA C Aaj Ma (Title) // ^.e., (notary stamp) IV\AAAAAAAAaaaaaamaaaaaaaaaaaaam GA’/LE l ^ KCCH Subscribed and sworn to before me this of laiLV . 20 ( _____________ MV c'x?l«£5 «-3t«08 (Not^y Public^ity Clerk) SEE ATTACHMENT FOR ADDITIONAL DOCUMENTS REQUIRED AS PART OF THIS APPLICATION, CITY USE: Date Fee Paid: Vu ij 0*4 Amount:^' Date Council Approved:____________ Receipt No.: J. ^ ^ ^ License No.: pbq«: state of Minnesota County of Hennepin City of Orono ‘h V - ^ 'V. • ■ * *' I ,V-. * © License No: Amount: 2005-08 $5200.00 Liquor License ,u On Sale Liquor & Sunday V Upon investigation and satisfactory evidence of the qualification of the licensee, this license is granted and pursuant to application and payment of fee thereof, and is subject to all the provisions and conditions of the laws 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 subject to revocation according to law for violation thereof. This license is not transferable except by consent of the issuing authority. Granted To: Business Name: Business Address: Commencing: Terminating: Business Description: Orono Liquor Inc. Narrows Saloon 3380 Shoreline Drive January 1,2005 December 31 ,2005 On Sale Liquor Establishment Issued by authority of the City Council of the City of Orono, Minnesota on: December 13, 2004 Barbara A. Peterson, Mayor Attest; Linda S. Vee, City Clerk Page 1 of 1 Kurt Erickson •• • From: Kurt Erickson Sent: Wednesday. Docombor 08, 2004 10;S4 AM To: Lin Veo •• Cc: Kurt Enckson ^ tiH , .» Subject: Narrows Saloon • Liquor LIconse In roviowing the police records in roforonco to the Narrows Saloon several *'?cjdents cause concern aboih^^^^^ renewal ol the license. There have been any number ol complaints from neighbors m the Navarre .yea SuiTho sound of music coming from the bar during summer months in which the doors are propped opyv There slmill?complaints from re-iidents about the sound ol the motorcycles leaving the bay The operators frequently accelerate heavily causing consldorablo noise. Again this is a summer time problem. Mr Andorst has also been arrostod for DWI tw.ee. The first incident was in 1982 and the second was in 2000. I to was sited for disorderly conduct in June of 2003 behind the Narrows Saloon. I le has also been ^yf^iahy llLn'd Sul all^ouc-s violalions ,n 2001 and in 2004. The 2004 incident involved adout 60 people ,n iho bar at 0115 hours and it took officers until 0139 hours to move them out. While no sales were observed after hour.s many of Iho peopiG in tho b3f still had drinks in possession. There was an Alcohol Compliance chock failure os well This was in July ol 2002. While 1 don ’t believe this is sufficiont to deny the license renewal. I do boliovo this is stamng to show a Pyi'yn that tho City Council should bo aware ol. If tho pallorn is to continue I believe Mr. Anderst should be ^ City may consider this in denying a ronowal in tho future. I think documenting our concerns with Mr. Anderst up front will be important In supporting action later on if the problums continue. With Mr. Anderst being advised there Is concern on the city’s part, I would recommend ronowal at this time. Ini ritrtiai indicate bfinw change of corporate officers, partner s, home addresses or tclcPl >1 umbcrSi Cynthia Kay Sudheiner Thirty (30%) Percent shareholder. Janes Duane Anderst Seventy (70%) Percent shareholder. Indicate h»lnw anv intprest whatsogver. directly or indirectly <n other liaufllLestabli?lin^^iitsi Cynthia Kay Sudheiner Thirty (30%) Percent shareholder in Narrows Saloon - Maple Grove (Rolling Stone, Inc.) Janes Duane Anderst Seventy (70%) Percent shareholder in Narrows Saloon - Maple Grove (Rolling Stone, Inc.) I^ypni t hclow detaib of liniim- law violations (civil or criminaU that have ocQinctl wjUun (lu; lns( B.v£ ycarS .iDa t€S. OffcnSKi niies or other uenalties. including Liquor Control Penalties)! None Renort below details involving anv license rejections or rcvQCationSI None__________________________________— Citv/Countv Comments: Kb 01- ^\hych)\ ^^Z-T^OPO // . j t . >a ^ ^1' ^ . t Vv.^ - :• J >•u r J 10/04 Directions; application for renewal of annual intoxicating liouor, WINE, 3.2 PERCENT MALT LIQUOR, AND SETUP LICENSES City of Orono 2750 Kelley Parkway P.O.Box 66 Crystal Bay, MN 55323 Phone; (952)249-4500 This form must be filled out with typewriter or by printing in ink. If the application is by an individual person, by such person; if by a corporation, by an officer thereof; if by a partnership, by one of the partners; if by an association or corporation, by the manager or managing officer. License type; (check all that apply) On Sale Intoxicating Liquor ($5,000.00) □ Wine ($2000.00) 3 Sunday Liquor ($200.00) □ Club ($200.00) □ Setup ($100.00) □ 3.2% On Sale ($100.00) □ 3 2% Off Sale ($50.00)FI Off Sale Intoxicating ($150.00) License year; ________2005________(January 1 - December 31) 1, Name of applicant/licensee (name of individual, partnership, association or corporation); James Ducine Anderst/Orono Liquor, Inc.________ Business Trade Name Narrcx\;s Saloon Business Address 3390 shoreline Drive, Orono. MN 55392 (Street) (Cay) (4'pj Mailing Address (if different)________--------------------------------------------- Licensee’s Minnesota Tax Identification Number... -------------- Licensee’s Federal Tax Identification Number #41 “1952004 Phone 952-471-3352 (Z'P) 2. If lh6 sbovG nsruGd liconsGG is 3n individusl, compiCtG th© following. 3.iTamos Indiwdual Name (First) 20 Clay Cliff Drive Duane (Middle) Tonka Bay Home Address (Street)(Ctty) T^derst (Last) 55331 Home Phor.Q If the above named licensee is a partnership, associalion, or corporation, complete the following for each partner/officer: b. Jaines Duane Andeist PartneryOtficer Name (First) 2D Clay Cliff Drive (Middle) Tonka Bay (Last) 55331 Date o> Birth Home Address (Street)(City)(Zip)Home Phone Parlner/Otficer Name (First)(Middle)(Last)Cate of G.rth tiome Address C. Partner/Officer Name (Street) (First) (City)(Zip)Home Phone (Middle)(Last)Date of Birth y u I. ' Hooie Address . ; (Street) (City) ,(Zip) . . Home Phone t i I :■ ^ ■ -jf >r "i ; V- •» ** iJ'. .li iPaeti i» •*. ’A ■3 s 3. Complete the following for the manager of the above-named business: a.James Duane Andurst Individual Nama (First) 20 Clay Cliffe, (Middle) Tnnkfl Ray (Last)Dato of Birth Home Address (Street)(Cily)(^'p)hotre Pnone 4. stock or change of officers or directors of a corporation.) -------No, —X— Yes. If yes, describe the changes and tho dato of City Council approval of these changes . Thirty r^ercent o f the corporation was put i,n Cynthia Kay Sudheicacr— ~No City Council approval nec:essary._________________________________ 5. Has there been a change of manager, operating officer or agent in charge of the licensed premises since the date of the last renewal application? (This is defined as the person responsible for day-to- day operating decisions of the premises.) _— No; -------Yes. If yes. describe the change and the date of C'ty Council approval of tho change? 6. Have there been any other changes to tho information contained in tho original or previous renewal applications which have not been submitted to tho City? —X—No, --------Yes. If yes, describe these changes and/or include floor plan. 7. Are any real estate taxes, personal property taxes, special assessments or other financial claims of the City of Orono delinquent or unpaid for the promises licensed? _X — No; --------Yes. If yes. give details. 8. Have you received any summons during the past year under M.S. 340.951? (This is a claim for injur/ resulting from the sale of liquor filed under your dram shop Insurance.) X If yes, attach a copy of each summons received. No; 9.Applicant and his associates in this application will strictly comply with all the laws of the Stale of Minnesota governing the taxation and the sale of intoxicating liquor, wine, or 3.2 percent malt liquor or beer and tho Orono City Code, and I hereby certify that I have read the foregoing questions and that the answers to said questions arc true of my own knowledge. • ! I .r/4 L 10.As the person executing this application for this ''cense J_aj:know!ed^g arH aii may result from furnishing the information requested. The information requested on this form will be used by the City of Orono in the issuance of your license may be required to provide the business tax identification number and social security number of each applicant to the Minnesota Commissioner of Revenue. falsific /^tihn of answers to the above quf?^tions will result in denial ofjhe APPLICATION. (Signaluni^i u*/y (Title) (notary stamp) (S') 52S2SS=C=S=C^TCrT:< PATRICIA A f.::" H Subscribed and sworn to before me this day of Wr,. 20OU : 5!f;oTARypucuc-t/;i.’:;: WyCoTimbslytllxf>c:Jen,Cl. 1*.."i j{u I ~j(Notary Public/City Clerk) SEE ATTACHMENT FOR ADDITIONAL DOCUMENTS REQUIRED AS PART OF THIS APPLICATION, CITY USE; HatP Ff»e Paid: {7./?/ 0 W Amountf ' t Date Council Approved:___________ Receipt No.: ^'7 License No.: -Pas* CITY OF ORONO SPECIAL EVENT PERMIT Date Issued: Date of Eveut: Time: December 13, 2004 February 12-20, 2005 Noon - 6:00 p.m., Thursdays through Sundays Name of Pcrson(s) And/or Organization Sponsoring tins Event: Jeffrey Gustafson Slonewood Design and Build, LLC 4420 Shoreline Drive Spnng Park. MN 553S4 Phone: 952-471-05S4 Location of Event: 2695 Kelly Avenue Type of Event:2005 Spring Preview Parade of Homes The following documents are required and on file ut the City Administrative Offices: • Certificate of General Liability Insurance • Approval from Orono Police Department The following conditions have been placed on this event: • By acceptance of this special event permit, the permit holder and homeowner at 2695 Kelly Avenue, agree to indemnify and hold harmless the City of Orono from all claims arising from said event. The permit holder, all organizations and private persons exercising authority under this permit, do waive and release all claims against the City of Orono, its officers or employees for any damage to person or property arising from the exercise of privileges granted by this pennit and agrees to hold harmless the City of Orono. its employees and officers from any such claim • The Orono Police Department and its officers arc empowered to revoke this special event permit at any time for any safety concerns that are not inunediatcly resolved by the permit holder or a representative of the permit holder. This revocation shall cause the immediate cancellation of the event originally authorized by this pennit. • The event sponsor (Stonewood Design) will provide shuttle scrx'icc from an approved pnvatc lot such as Gray Freshwater Society with permission of that property owner to the show home. • The event sponsor will give Orono Police and all residents from 2507 to 2765 Kelly Avenue a written letter giving the phone number of a live person who represents the builder and has authority to act on behalf of the builder to resolve complaints during the show ing of the home (voice mail is not acceptable) and detailing the dates.Time of the event. • Hie event sponsor (Stonewood) is to post both ends of Kelly Avenue and Lydiard Avenue near the intersection at CO RD 15 and CO RD 19 with signs that state, "NO PARADE OF HOMES PARKING IN THIS NEIGHBORHOOD - ANY PARDE OF HOMES PARKING WILL BE TICKE TED AND TOWED." This posting is to be bold and clearly visible to any car turning into the neighborhood. It should include "Parking and Shuttle Service Available at Gray Freshwater Society Building on CO RD 19." In addition, the event sponsor w ill post both sides of Kelly Avenue for a distance of 100 yards from the drive way (in each direction) and Lydiard Avenue from the intersection of Kelly to Lydiard Circle “No Parking by Police Order.” These signs may 2750 Kelley Parkway, P.O. Box 66, Crystal Bay, MN 55323 Phone; 952-249-4600 / Fax: 952-249-4616 / wayw ci.orono mn us L I is-.' Special Event Permit, Continued Stonewood Design and Build, LLC December 13, 2004 • be purchased from Orono Police at the printing cost of S0.50 per sign. The event sponsor will need to provide lath and staple gun to install. Signs will be installed at SO foot intervals. • The event sponsor will remove all signs at the end of the event and maintain the signs during the event. • The event sponsor will clean up any event generated debris each day of the event. • If the ice access road to Carman Bay is open across Lydiard Beach, the access road will also be posted with the same sign that is used at the entry to the neighborhood stating "NO PARKING IN THIS NEIGHBORHOOD - ANY PARADE OF HOMES PARKING WILL BE TICKETED AND TOWED" “Parking and Shuttle Service at Gray Freshwater Society Building on CO RD 19." Approved at City Council meeting on: December 13.2004 (City Seal) Ronald J. Moorse, City Administrator 2750 Kelley Parkway. P.O. Box 66, Crystal Bay. MN 55323 Phone: 952-249.4600 / Fax: 952-249-4616/www.ci.oiono.nm.us I CITY OF ORONO Check Detail Register® 11/24/04 7 00 AM Page 1 NOVEMBER 2004 ING DEC 1 j 2004 Check Amt Invoice Comment Cl I y OF ORONO 10100 Primary Cash ■paidClik# 079740' 'l 1/24/200i4 FIRST ^TIONAL BANK OF LAKES G 101-21701 Federal Withholding G 101-21703 FICA Tax Withholding G 101-21703 FICA Tax Withholding Total FIRST NATIONAL BANK OF LAKES $9,282 85 $4.13343 $4,133 43 FEDERAL W/H FICA & MEDICARE W/H FICA & MEDCR CITY SHARE $17,549.71 PaTd Cfrk#*^797*41......fl/2472bb4 ‘ ICMA RETIR^ G 101-21705 Other Peliremenl $951 62 DEFERRED COMP-302030 ToUl ICMA RETIREMENT TRUST - 457 $951.62 Peid'Chk#l)797V2 Vi72^^ ‘LAW ENVoifcVENT LABOR $581 26G 101-21707 Union Dues Total LAW ENFORCMENT LABOR SERVICE UNION DUES #40 & #168 $581 26 Paid Chk# 079743 11/24/2004 MN DEPT OF REVENUE G 101-21702 Slate Withholding Total MN DEPT OF REVENUE • •• • $3,907 73 STATE TAX W/H $3,907.73 Paid Chk# 079744 Vl/24/2db4‘ MN STATE RETIREMENT SYf 'Vm G1C1-21718 Post Employment Health ^294 8 7 *^*1 * ^ post retirement Total MN STATE RETIREMENT SYSTEM Si!94 87 >aid Chk#‘079745 11/24/2004*’ NATiONWIDE REflREM G 101-21705 Other Retirement $1.902 00 G 101 -21705 Other Retirement Total NATIONWIDE RETIREMENT SOLUTION $0.00 USCM. ENTITY 2339 OBRA #2343 $1.902 00 ■IjaiTchioro/g^ie * Ti«4/26b4‘ 'orc 'hard trust co.'fRUsfEBCusf G 101-21705 Other Retirement $3.312 66 MN STATE RETIREMENT Total ORCHARD TRUST CO. TRUSTEE/CUST $3.31 2 68 p‘aidTihkV'679747 PUBLIC EMrt6YEES‘’RETIREMENT G 101-21704 PERA G 101-21704 PERA Total PUBLIC EMPLOYEES RETIREMENT $7.040 71 $5,450 16 PERA CITY SHARE PERA EMPLOYEE W/H $12.49087 ‘Paid Chk#'^ 0797*48'* ' 11/24/2004 "UNITEb WAY G 101-21708 United Way ToUl UNITED WAY ^0^00 $70 00 CHARiTY DONATIONS 10100 Primary Cash $41,060.74 Fund Summary 101 GENERAL FUND 10100 Primary Cash $41,060 74 $41.06074 •V A Chock Numbor Employoo Namo 0M649 0&4650 054651 054652 054653 054654 054655 054G5G C54657 054G58 054659 054600 054661 054662 054663 054664 0546G5 054666 05466/ 054666 054669 0546/0 054671 0540/2 054673 003044 003045 003840 003H47 003810 003049 003050 003851 003B52 003053 003054 003055 003050 003857 003858 003059 003000 003861 0030G2 003863 OU3064 003865 003860 003867 003068 003869 0038/0 0038/1 0038/2 0038/3 0038/4 OOitt/5 0030/6 00367/ Pay PorlocJ DODOn. RACHni M. LESKINMN, UENISE M, ANl3f:RSON, BRUCe L, BOB/I6N. SUE A BORIS. SCOTfW ERICKSON, KURI K FARNIOK. CORREY L nSCHENICH. DAN T MADSON. ADRIENNE M MCNICHOLS. DAVID L. MOROWC/YNSKI. JAMES PLRSELl. WILLIAM R TOMCHECK. LAWRENCE F. TOMCZYK. N ^RK W. GAEFRON. MIC^HAFL P MEYER. WILLIAM C OMAN, LYLE F VANG. BRUCE L GREGORY. JAMES D HANSEN.STEVEN OBRIEN. RANlJY L r^ALMCR. GREGORY A. RATMHUN. BARf^Y J SKRI I N. DALE S STEFFENHAGEN, RONAl D MOORSr. RONALD J. SILUS, BARBARA G VEE. LiNDAS KUFHN, THOMAS M OLSON. RONALD J PEl lir. SANDRA K ANDERSON. BRUCE L BOB/IEN ;;uE A BORIS. SCOTT W BUDIG. STACIE M CORNICK. JAMES L DAY. SUSAN J DEMDOUSKl, JAYC EISCHI R. CHRISIOPHEK K GOOD. S1EPHANY R MCNICHOLS. DAVID L RUSSETH, KYLE M SCHOI NHOEF. JOHN B lOMCHECK. LAWRENCE F. WHI1E. ANIHONY J WIT IKE, ANIHONY A KLISZC/. DAVID A PHARO, CHRISTOPHERM BOLIEKMAN, MAI 1HEW A CURTIS. MELANIE OAf I RON. MICHAEL P (3APPA. GRl GORYA nUNDlACH. JANICE J OMAN I YLE E Of BAI RE. DONALD I HANSEN. SU VLN Om KAICiF4l R. SCO 11 G JBKItN. HANDY L PALMER, GREGORY A 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 CITY OF ORONO chock register Chock Amount Chock Date Check Status $1,04263 $88/00 $763 39 $47 02 $1,023.74 $1.743 00 $2,210 12 $1,508 20 $761 47 $516 n $1 691 05 $514 10 $404 57 $1.37049 $1,428 50 $512 42 $262 12 $1,323 53 $1,009 25 $160 34 $386 68 $745 18 $1,100 34 $1,0/0 35 $1,343 17 $2,510 32 $478 02 $1,038 54 $1,328 20 $1,161 81 $1,061 30 11/24/2004 Outstanding 11/24/2004 Outstanding 11/24/2004 Outstanding 11/24/2004 Outstanding 11/24/2004 Outstanding 11/24/2004 Outstanding 11/24/2004 Outstanding 11/24/2004 Outstanding 11/24/2004 Outstanding 11/24/2004 Outstanding 11/24/2004 OutManding 11/24/2004 Outstanding 11/24/2004 OutfJandir.g 11/24/2004 OulsMnding 11/24/2004 Outstanding 11/24/2004 Outstanding 11/24/2004 Outstanding 11/24/2004 Outstanding 11/24/'»C04 Outstanding 11/24/2004 Outstanding 11/24/2004 Outstanding 11/24/2004 Outstanding 11/24/2004 Oulstanding 11/24/2004 Outstanding 11/24/2004 Oulstanding 11/24/2004 Outstanding 11/24/2004 Outstanding 11/24/2004 Outstanding 11/24/2004 Outstanding 11/24/2004 Outstanding 11/24/2004 Outstanding 24 $1,135 00 11/24/2004 Outstanding 24 $830 00 1V24/2004 Outstanding 24 $2000 11/24/2004 Outstanding 24 $911 36 11/24/2004 Outstanding 24 $2.518 32 11/24/2004 Oulstanding 24 $1.195 05 11/24/2004 Outstanding 24 $1,495 12 11/24/2004 Outstanding 24 $1.480 00 11/24/2004 Outstanding 24 $1,994.94 11/24/2004 Oulslaf'.ding 24 $1.100 00 11/24/2004 Outstanding 24 $1,281 18 11/24/2004 Outstand ng 24 $1,70389 11/24/2004 Outstanding 24 $900 00 11/24/2004 Outstanding 24 $1,188 79 11/24/2004 Outstanding 24 $1.422 02 11/24/2004 Outstanding 24 $248 59 11/24/2004 Outstanding 24 $845 01 n/24/2004 Outstanding 24 $555 63 11/24/2004 Outstanding 24 $1,142 84 11/24/2004 Outstanding 24 $125 00 11/24/2004 Outstanding 24 $1.010 50 11/24/2004 Outstanding 24 $1.25361 11.^24/2004 Outstanding 24 11,400 00 11/24/2004 Outstanding 24 $1,444 70 11/24/2004 Outstanding 24 $775 00 11/24/2004 Outstanding 21 $1,105 36 11/24/2004 Outstanding 24 $550 00 11/24/2004 Outstanding 24 $350.00 11/24/2004 Outstanding 11/24/04 7 01 AM Pago 1 IMlM CITY OF ORONO check register 11/24/04 7 01 AM Page 2 Check Number Employee Name 003878 RATHBUN, BARRY J. Pay Period Check Check Amount Date Check Status $200 00 11/24/2004 Outstanding $63.29073 CITY OF ORONO check register 12A56/04 1;03 PM Pb9« 1 Check Pay • •* Number Employee Name Period 034674 ANDERSON. BRUCE L. 24.1 054675 BORIS. SCOTT W. 24.1 054676 CORNICK, JAMES L. 24.1 054677 DAY. SUSAN J. 24.1 054678 OEMBOUSKI. JAY C. 24.1 054670 ERICKSON. KURT R 24.1 054680 PARNIOK. CORREY L 24.1 054661 FISCHENICH.OANT. 24.1 054662 FISCHER. CHRISTOPHER K. 24.1 054663 MCNICHOLS. DAVID U, 24.1 054664 MOROWCZYNSKI. JAMES 24.1 054665 RUSSETH. KYLE M. 24 1 054666 SCHOENHOFF. JOHN B 24 1 054667 TOMCHECK. LAWRENCE F. 24.1 054666 TOMCZYK. MARK W 24 1 054660 WHITE. ANTHONY J. 24.1 054690 WITTKE. ANTHONY A. 24.1 Check Check Amount Date Chock Status $1.451 87 T 2/1/2004 Outstanding $434.47 12/1/2004 Outstanding $1,452.06 12/1/2004 Outstanding $740.46 12/1/2004 Outstanding $1.391 68 12/1/2004 Outstanding $235.96 12/1/2004 Outstanding $1,559 26 12/1/2004 Outstanding $1,417 34 12/1/2004 Outstanding $1.339 29 12/1/2004 Outstanding $1.391 68 12/1/2004 Outstanding $1,597.27 12/1/2004 Outstanding 5853 87 12/1/2004 Outstanding $1,241.35 12/1/2004 Outstanding $1.417 34 12/1/2004 Outstanding $1.451 87 12/1/2004 Outstanding $37.47 12/1/2004 Outstanding $621.84 12/1/2004 Outstanding $18,835.10 CITY OF ORONO 12/08/04 7 27 AM Page 1 check register Check Number Ernptoyoo Name 054691 054692 054693 054694 054695 054696 05469/ 054698 054699 054700 054701 054702 054703 054704 054705 054706 054707 054708 054709 054710 054711 054712 064713 054714 003879 003880 003081 00368? 003863 003884 003885 003886 003887 003886 003889 003890 003891 003892 003893 003894 003895 003896 003897 003898 003899 003900 003901 003902 003903 003904 003905 003906 00390/ 003908 003909 003910 003911 003912 003913 DODGE. RACHEL M. LESKINEN. DENISE M. ANDERSON. BRUCE L. BO0ZIEN. SUE A BORIS. SC01TW ERICKSON. KURT R FARNIOK. CORREY L. FISCHENICH. OANT. MADSON. ADRIENNE M. MCNICHOLS. DAVID L MOROWCZYNGKI. JAMES PERSCLL. WILLIAM R. lOMCHFCK. LAWRENCE F. GAFFRON. MICMAFL P MEYER. WILLIAM C. OMAN. LYLE E VANG. BRUCE L. GREGORY. JAMES D HANSEN. STEVEN OBRIEN. RANDY L PALMER. GREGORY A RATHBUN. BARRY J SKREEN, DALE S STEFFFNHAGEN. RONALD MOORSE. RONALD J SILUS. tWRBAmVG VEE. LINDAS KUFHN, THOMAS M OLSON. RONALD J PET FIT. SANDRA K ANDERSON. BRUCE L. BOBZIEN. SUE A BORIS. SCOTT W BUDIG. STACIE M CORNICK, JAMES L DAY. SUSAN J DEMBOUSKI. JAY C FISCHER. CHRISIOPHI.R K GOOD. 5TEPHANY R MCNICHOLS. DAVID L RUSSETH. KYLE M SCHOFNMOf F. JOHN U TOEWE. KIMBERLY D TOMCHECK. LAWRl NCE F TOMC/YK. MARK W Whin . ANIHONY J WIITKE. ANTHONY A KLISZCZ. DAVID A PHARO. CHRISTOPHER M BOl T ERMAN. MATT HtW A. CURTIS. MELANIE GAFFRON. MICHAEL P. GAPPA. GREGORY A GUNDIACH. JANICE J OMAN. I YLE E DFBAERI:. DONALD I HANSLN.STLVLN OBFRAIONFR. SCOTT G OBRIEN. RANDY L. »y Check iod Amount 5 $1,042 63 5 $687 98 5 $609 99 5 $124 01 5 $1,737 33 5 $1.753 80 5 $1,711 22 5 $1,702 07 5 $679 30 *5 $618 62 !5 $1,800 88 >5 $507 22 ?5 $514.23 ^5 $1.428 50 ?5 $531.15 ?5 $262 12 Z5 $1,323 53 $810 00 25 $241 86 25 $459 44 25 $745 18 25 $1,270 56 25 $1,470.19 25 $1,343 17 25 $2.55? 94 25 $4/8 02 25 $1.038 51 25 $1,328 20 25 $1,161 81 25 $1,061.30 25 $1.135 00 25 $830 00 25 $20 00 25 $940 72 25 $1,954 57 25 $1.074 31 25 $1.977 46 25 $1.527 90 25 $1.994 94 25 SI.too 00 25 $1,373 23 25 SI.876 75 25 $793 19 25 $900 00 25 $1.37049 25 $1,243 Ob 25 $1,353 74 25 $356 16 25 $845 01 25 $548 86 25 $1.142 84 25 $125 00 25 $1.810 50 25 $1,253 61 25 $1.400 00 25 $1,184 25 25 $775 00 25 $1.056 30 25 $550.00 Check Date Chock Status 12/8/2004 Outstanding 12/8/2004 Outstanding 12/B/2004 Outstanding 12/6/2004 Outstanding 12/8/2004 Outstanding 12/8/2004 Outstanding 12/8/2004 Outstanding 12/8/2004 Outstanding 12/8/2004 Outstanding 12/8/2004 Outstanding 12/8/2004 Outstanding 12/8/2004 Outstanding 12/8/2004 Oulbtai^ding 12/8/2004 Outstanding 12/8/2004 Outstanding 12/8/2004 Outstanding 12/8/20C4 Outstanding 12/8/2004 Outstanding 12/8/2004 Outstanding 12/8/2004 Outstanding 12/8/2004 Outstanding 12/8/2004 Outstanding 12/8/2004 Outstanding 12/8/2004 Outstanding 12/8/2004 Outstanding 12/8/2004 Outstanding 12/8/2004 Outstand'ng 12/8/2004 Outstanding 12/8/2004 Outstanding 12/6/2004 Outstanding 12/8/2004 Outstanding 12/8/2004 Outstanding 12/8/2004 Outstanding 12/6/2004 Outstanding 12/8/2004 Outstanding 12/8/2004 Outstanding 12/8/2004 Outstanding 12/8/2004 Outstanding 12/8/20C4 Outstanding 12/8/2004 Outstanding 12/8/2004 Outstanding 12/8/2004 Outstanding 12/8/20C4 Outstanding 12/8/2004 Outstanding 12/8/2004 Outstanding 12/8/2004 Outstanding 12/8/2004 Outstanding 12/8/2004 Outstanding 12/8/2004 Outstanding 12/8/2004 Oulstanoing 17/8/2004 Outstanding 12/8/2004 Outstanding 12/8/2004 Outstanding 12/8/2004 Outstanding 12/8/2004 Outstanding 12/8/2004 Outstanding 12/8/2004 Outstanding 12/8/2004 Outstanding 12/8/2004 OulSUnding • * CITY OF ORONO check register 12/08/04 7 27 AM Page 2 Check Pay Check Number Employee Name Period Amount 003914 PALMER. GREGORY A.25 S350.00 003915 RATHBUN. BARRY J.25 $200.00 $64,259.33 Check Date Check Status 12/8/2004 Outstanding 12/8/2004 Outstanding 1 'I - I ♦ i r ri V.. O CITY OF ORONO *Check Detail Register© 12/08/04 0 20 AM Pago 1 DECEMBER 2004 Check Amt Invoice Comment 10100 Primary Cash Paid Chki* 07'9750 * 12/8/2004 “FIRST NATIONAL BANK OF LAKES G 101-21701 Federal Wrthholdino $17.795 52 O 101 -21703 FICA Tax Withholding $4,463 65 0 101-21703 PICA Tax Withholding $4.463 65 Total FIRST NATIONAL BANK OF UKES FEDERAL W/H FICA A MEDICARE W/H FICA & MEDCR CITY SHARE $26.7'<:2.B2 Paid ChKi 679751 12/8/2004 ICMA RETIREMENT TRUST -457 G 101 -21705 Olher RetiromonI $95^ 62 DEFERRED COMP-302030 ToUl ICMA RETIREMENT TRUST • 457 $951 62 >VWChki'079752 ■' ' 12/W2()d4 LAWENFORCMENTLABOR SERVICE G 101-21707 Union Does _ $0 00 ToUl LAW ENFORCMENT LABOR SERVICE ~ $0 00 >eW ChV»'b79753“'^' 'i'278/26b4~ ‘MN OEPT OF REVENUE 0 101-21702 State Withholding $6.037 35 UNION DUES 040 & #168 STATE TAX W/H Total MN DEPT OF REVENUE $6,037.35 'Paid Chka b797‘54T27W2664 ''mN SYSTEM"“ G 101-21718 Post Employmeni Health $299 63 post retirement Total MN STATE RETIREMENT SYSTEM $299 63 >aid ChkiTofSyis' ' 12/8/2004' NATIONWIDE RETIREMENfs^^^^ 0 101-21705 Other Roliromont $1.932 00 i G 101-21705 Other Retirement Total NATIONWIDE RETIREMENT SOLUTION $0 00 USCM - ENTITY 2339 OBRA #2343 $1.932 00 ‘Paid Chk#'079756 12/8/2004 ORCHARD TRUST CO. TRUSTEE/CUST G 101-21705 Other Retirement $3.312 68 MN STATE RETIREMENT ToUl ORCHARD TRUST CO. TRUSTEE/CUST $3,312 68 Paid'Chka'679757 12/8/2604 ''pub ’lV c EMPLOYEES REtiREMENT' G 101-21704PERA $7,168 12 PERA CITY SHARE - G 101-21704PFRA $5,542 09 PF.RA EMPLOYEE W/H G 101-21704PERA $2.919 99 PERA City Share G 101-21704PERA $1.946 67 PERA Employee Total PUBLIC EMPLOYEES RETIREMENT $17.576 87 Paid Chk¥ 079758'‘“12/^2004“'UNITEOWAY*’ O 101-21708United Way ____S70 00 CHARITY DONATIONS ; ToUl UNITED WAY *'$7000*^I •10100 Primary Cash $56,902 97 Fund Summary 101 GtNEKAL FUND 10106 Primary Cash $56,902 97 $56,902.97 CITY OF ORONO check register 12A)9/04 7;10AM Page 1 I « ^ * 0 Check Pay Check Check Number Employee Name Period Amount Date Check Status 054715 PETERSON. BARBARA 12 $32322 12/13/2004 Outstanding 054716 MCMILIAN. ELIZABETH T.12 $269 36 12/13/2004 Outstanding 054717 MOORSE, RONALD J.12 $394.20 12/13/2004 Outstanding 054718 SANSEVERE. ROBERT K.12 $269 36 12/13/2004 Outstanding 054719 MURPHY. JAMES L.12 $269 S6 12/13/2004 Outstanding 054720 WHITE. JAMES M.12 $269 36 $1.794 86 12/13/2004 Outstonding ^ j yrfilifiiiirii Iitfimm'i i tfciiMiiiBih CITY OF ORONO Check Detail Register® 12/10/04 11 49 AM P«igo 1 DCCEMBER 2004 Chock Amt fnvotco Commoni 10100 Primary Cash >flid Chki 079540 ’ 12/13/2004 'BYERS’. CAROLYN N E 101-41410 104 Temporary I mploycen Regular Total BYERS. CAROLYN N ‘iWaikf’079749 ^12/1/2004 CURTISC MELANiE E 101-47400 331 Travel Expenses E 101-47400 740 Small Toots and Minor Equip Total CURTIS. MELANIE (SSGOOM 10704 ($56 oof Void Check 7U540 $58 70 11/79/04 $575 08 11/29/U4 $03328^ Mileage Reimbursement Kodak 0X7590 Camera Paid Chk# 079759 17/9/7004 MCGARY8 RESTAURANT E 101-42110 439 Meeting Expenses Total MCGARYS RESTAURANT PaKrChki ^6 79760 *12/10/7004 ESC^’LON E 101-42200-321 Telephone $115 00 12/8/04 ’ $115 00*^ $1.064 07 0425807 $1,064.07’^ Pt//a • Depadmuni Meeting Ptiono Seivico - Nav Fire T»«ld’chklt‘*079/dr $40 47 18523 $40 47 Total ESCHELON “l 2/l’5/2004’ * * A^ RENTAL ’ ^ I 101-41900-404 Repaifs/Maint Bkigs/Grounds Total A 1 RENTAL f^aidOiki *579/02 * ’ *17/l'3/266r’AbVAN^^^^ IMAGF n G SOLU tTon S ......... r 101-41900 413 Office Equipment Rental $918 22 3004983/ Total AOVANCrn IMAGING SOI UTIONS $918 22 0/9/03 17/V3/7(^4 ' AMERICAN ENGINEERING TtST.'iNC E 101 43780 304 tmqineeririg Consulting $607 50 2/100 Scaffolding Copier I ease 11/15 17/15/04 Total AMERICAN LNOINCLRING TEST. INC >flid Chk« 0/9/04'^" ■ 17/13/7004 ANDERSON; KRISTf ' E 101 45700 319 Other Professional Services E 101 41300 319 Other Piofessional Services Total ANDERSON. KRISTI V’ald Ghki 0/9705 17/13/7004^ AN DEM E 101-42110 319 Other Professional Scivicos Total ANDERSON. RICHARD R Vaul t.hk« 0/U/b(3 * 12/13/7004 DOLTI RMAN. MATT L 101 17400 331 I tavcl I xpensen r 101 41900.377 Postage I 10141900 771 t quipmenl Parts A Accessories Total bOLILRMAN. MATT PaidChKV*0/97(j> Y7713/701)4 * Vi)YI r VoKD V 101 43000 407 Repaiis/Mainl Auto Equip Total BOYER FORD & TRUCK $(Ki7 50 $105 00 11/20/04 $205 00 11/29/04 $370 00 ' Stonebay - Plal 0? 2789 Park Minutes 11/29 CC Minutes 11/22 $1.515 00 11/22/04 $1.515 00^ $33 75 12/1/04 $0 3/ 17/1/04 $5 00 12/1/04 $39 17 EELS ArLitiaUon Mileage Postage loMHt Repellard $550 /8 4218/3 $550 78 hcMlor Repair • #476 V’’a*dlfhKf o79;Vir***"V2*n budget pkint Tn ^^^ E 101 47110 201 Office supplies L U01 49400 372 Postage E 101 42110 322 Postage E 101 47110 201 Office supplies Total BUDGET PRINTING PiJaT.lXlf 079769“ llii^ $10810 1092 $8 69 1643 $8 13 1977 $8 41 1977 1133 38 Business Cards - Coinick Shii^ping Water Samples Shtpptftg Nam# Tags <! CITY OF ORONO 12/1Cm 11 49 AM Page 2 Check Detail Register® DECEMBER 2004 Check Amt invoice Comment E 101-41410-104 Temporary Employees Regular Total BYERS. CAROLYN N $56 00 110204 Replace Ck 795 to $56 00 . t<* «• Paid Chk# 079770 12/13/2004 CARGILL SALT E 601-49400-216 Chemicals and Chem Products Total CARGILL SALT $1,900 82 1157079 Softener Salt $1.900 82 Paid Chl^ 079771 12/13/2004 CENTERPOINT ENERGY E 602-49450-381 Gas & Electric E 601 -49400-361 Gas & Electric E 101-41900-381 Gas & Electric E 101-42260-381 Gas & Electric E 602-49450-381 Gas & Electric E 101-42110-381 Gas & Electric E 613-49830-381 Gas & Electric E 601-49400-381 Gas & Electric E 101-41900-381 Gas & Electric Total CENTERPOINT ENERGY $1534 $51.76 $310 58 $22869 $155 28 $203 54 $10985 $49347 $248 77 060006750600 Gas Service 060006750600 Gas Service 060006750600 Gas Service 060006750600 Gas Service 060006750600 Gas Service 060006750600 Gas Service 060006750600 Gas Service 060006750600 Gas Service 060006750600 Gas Service $1.81728 Paid Chk« 079772 12/13/2004 CLEAR VIEW E 101-42110-404 Repairs/Maint-Bldgs/Grounds E 101-41900-404 Ropairs/Maint-Bldgs/Grounds Total CLEAR VIEW $455 29 11/27/04 $556 46 11/27/04 Window Cleaning Window Cleaning $1,011.75 Plfid Chk#*“079773 12/13/2004 COMMISSIONER OF TRANSPORTATION E 234-45680-412 Building Rentals $1,200 00 213L277255E Luften Lease • 12/2004 Total COMMISSIONER OF TRANSPORTATION $1.200.00 Paid C^hk¥* 079774 ‘‘c ONNELLYTn DUST RIAL ELEC? E 602-49450-406 Repairs/Malnt-Swrlines/lifts __$820 66 8086 Total CONNELLY INDUSTRIAL ELEC. $820 66 PaTd ChiT#'o79775 ^lY/T52664 ’ COVE^^ ......... E 101 42260-407 Janitorial Services _ $186 36 90511 Total COVERALL OF THE TWIN CITIES ' $186 38 PaTd Chk#' 079776 121 iV26di^’'CH6\NH MARKINGTn C^ Repairs -GS#6. LS#31 Janitorial 11/2004 - Nav Fire E 101-41900-201 Office supplies Total CROWN MARKING INC. $1385 0125481 Insert $1385 Paid'Chk# ‘079777* ' “l2/13/2064 D M.J. CORPORATION E 402-48039-530 Other Improvements G 402-20600 Contracts Payable ToUl D.M.J. CORPORATION $64.973 95 RFP1 ($3,248 70) RFP1 RFPil - Carlson Dailfield Tr RFP#1. Carison BaUfield Tr $61,725.25 Paid Chk# O/SV^e 12/13/2004 DAHLGREN SHARDLO^ E 101-43290-800 Special Projects, Contingency $947.26 25383 Tout DAHLGREN SHARDLOW & UBAN $947.26 pVsi Chk#* 079779^ ‘ “ Va HLKEI r EE S^^^^ E 101-43000-408 Contracted Street Mairit ^ $840 00 11/30/04 Total DAHLKE TREE SERVICE $840 00 piiKj’Chia» bfofeo i llc ....... G 101-11500 Accounts Receivable ($6,146 00) StWtrTrunk O 651-16500 Fixed Asset-Const in progress Rural Oasis Danners $103.788 00 StWtrTrunk Refund StWtr Trunk-Less Fees Refund StWtr Trunk-Less Fees r CITY OF ORONO 12/10/04 11.40 AM Pago 3 Check Detail Register® DECEMBER 2004 Check Amt Invoice Comment Total DAHLSTROM DEVELOPMENT LLC $97,642 00 ■paid Chk* 0;978i ■l2/13/2004 bAKOTA CO. TECHNICAL COLLEGE E 101-42110-437 Training & Development $325 00 10/2004 Supervisory - Comick Total DAKOTA CO. TECHNICAL COLLEGE Paid Chk# *O7’970r* n‘27l 3y2d04”6AV^ $32500 E 101 >42110-439 Meeting Expenses Total DAY. SUSAN $60 53 11/18/04 PD/Council Retreat $60 53 P&idChkilt 079763 12/13/2004 DCA-WIRE ONLY G 101-21719 DC/V/Spending Accounts G 101-21719 DCA/Spending Accounts Total DCA-WIRE ONLY $943 81 12/8/04 $2,033.43 12/8/04 Flex Spending • 11/22/04 Flex Spending - 12/6/04 $3,777.24 Paw Chki 079704 12/13/2004 DEMBOUSKI, JAY E 101-42110-201 Office supplies Tout DEMBOUSKI. JAY $47 00 11/22/04 $4700 Qinders ■paidChkir 079705 12/13/2004 DEPT OF ADM - INTERTECH GROUP E 101*42110-311 Data Processing Communication $37 0 0 DV04 100294 PVC Circuit 10/2004 $37 00Total DEPT OF ADM - INTERTECH GROUP Paid Chk# 079786 ^ * l7/l 3/20dV DONALD SALVERDA i^^^ •V* . E 101-41300-437 Training & Development Total DONALD SALVERDA& ASSOCIATES $71.78 P-9336 2B $7r78' Books • Fff Mgmt Program Paid Chk# 079787 12/13/2004 EHLERS AND ASSOCIATES INC. E 415-4093O-319 Other Professional Services $37 50 23190 E 415-40930-319 Other Professional Services __*107^ 23198 Total LHLERS AND ASSOCIATES INC. TIF - TNT Info TIF • Developer Payment $22500 i2/i3/2004 ‘ ELECTRIC RESOURCE CONTRACTORS E 601-49400-404 Repairs/Mamt-DIdgs/Grounds $79 00 43346 Paid cTTk# "^079788 _____ _ Blower-Well#3 Total ELECTRIC RESOURCE CONTRACTORS $>9 00 'PoIdChki'0797e9 i‘2/13/2064 "TmERGENCV AUTOMofl^^ L 101-43000-222 Vehicle Equipment & Pails $396.39 BC111504-S Stiobe Light-#708 E 101-43000-222 Vehic j Equipment & Pais E 101-43000-222 Vehicle Equipment & Parts Total EMERGENCY AUTOMOTIVE TECH INC ($390 09) BC111504 5 Strobe Light - #708 $217 26 BC111504-5 Strobe Light • *708 $22356 ■paTd 6hk0797IW ’ ■ 12/T3/2^ ESCHE'lON E 101 42260 321 Telephone E 101-42260 321 Telephone E tOI-42260-321 Telephone Total ESCHELON Paid Chk# 079791 12n3/200A'^ FAEGRETSi¥e NSON LLP f. 10 1 -42 110A89 Other Miscellaneous Charges $353 53 6475807 $355 55 6425807 $354 99 6425807 $1.064 07 Phone Service - Nav Fire Phone Service - Nav f ire Phone Sofvius - Nav Fire E 227-45500-489 Other MisceUaneous Charges Total FAEGRE & BENSON LLP $712 50 837607 $1.06S75_ 837607 $T.781 25 2004 Equip Cert 2004 Equip Cert >aid Chk# 079792 12/13/2004 FARNIOK. CORREY E 101-42110-437 Training & Development E 101 -42110-226 Clothing & personal equipment $113 09 11/27/04 $279 17 12/02A)4 Books for PD Uniforms IMCI CITY OF ORONO Check Detail Register® 12/10/04 11 49 AM Page 4 DECEMBER 2004 Chock Amt Invoicn Commcnf PaidChK# 079793 Total FARNIOK, CORREY 12/13/2004 G A K SERVICES $39? 26 E 101 43000 228 Clulhir^g & personal equipment $7453 1000297657 Uniforms E 613-49830-226 Clothing & personal equipment $6 02 1006297657 Uniforms E 601-49400-226 Clothing & personal equipment $1243 1006297657 Uniforms E 602-49450 226 Clothing A personal oqulpmcrit $37 29 1006297657 Uniforms r 101-43000-220 Clothing A personal equipment $00 50 1000304085 Uniforms r- GOl-49400-226 Clothing A personal equipment $1341 1006304085 Uniforms E G02-49450-226 Clothing A personal equipment $4023 1006304085 Uniforms E 101 43000-404 Repair s/MaintDIdgs/Grounds $98 96 1006304085 Mats n G13 49030-226 Clothing A personal equipment SG02 1006304005 Uniforms E 101-42110 404 Repairs/Maint HIdgs/Grounds $154 40 100030408/Mat Service - 11/29/04 1. 101 41900 404 Repairs/Mamt UIdqs/Grounds $57 65 1006304088 Mat Servira E 101-41900-404 Mepairs/Maint Oldgs/Grounds $6518 100630^1089 Mat Service E 101-42260-404 Repair s/Maint Dklgs/Grounds $740 28 930266 Mats 4 8/2004 • N.1V Fire Total G&KSERVICES $1.386 90 Piid Chki 6/9794 ‘ ' '■12/T3/2004* GARY L FISCHLCR & ASSOCIATES*'’ E 101-42110 319 Other Pfotcssional Services $45000 11716 E 101 42110 319 Other Professional Services $450 00 11717 E 101-42110 319 Olher Professional Services $450 00 11710 Total GARY L FISCHLER A ASSOCIATES $1.350 00 Supervisor Evaluations Su|>ervisor L valuations Supervisor Evaluations IPairJ Chi<0*^679795 12/*n77604 '‘GERRrNG S L 101-42110 402 Kepairs/Malnt Auto Equip Total GERRING‘8 CAR WASH $11 00 12/03/04 $11 00 Car Waiih Pord(:hKir 670796 ....i2/V3/206V GOLr CAM MIDWES E G13 49830-379 Iniurance DeductibN ’% $1.106 31 402117 Total GOl F CAR MIDWl ST $1,106 31 Cart Repairs Paid (;hKir *6/979> 12/13/2b04 * GOPHER STATE ONE-CALL ' E 001 49400 409 Other Misrellaneoui Charges $175 38 410645 I-GO? 49450 409 Other Misrellanoous Charges $175 37 410645 Total GOPHER STATE ONE-CALL $350 75 Oc.tnhei I orates OclotH)r Locates V^aill ChK#' 6/9 790 1 2/1 3/2004 GRP A1 1 R W*Ml 1 RO HUM ANE SOCIET Y I. 101 4211U 31/ AnimalCare $990 00 3rd QU Total GREATER W METRO HUMANE SOCIETY $990 00 PflTdVhkS'679/99' ' 1*2/i3/2004 ’HENNEPIN^ EXCHA’n GE T. 101-43000 224 Street Maint Malcuials/Supply $59 59 07809 Total HENNEPIN CO OP SEED EXCHANGE $59 59 Pai7n:hMnr/90OO .... $753 80 371 $253 80 Paid Chki 079801 ' ’ HI NNEPiN COUNTY TKEAS ^ ASSESS 0 10M5500 Prepaid Hems $9.250 00 CA2447 E 101 41550 302 Assessing Se-vires $46.25000 CA244/ Total HENNEPIN COUNTY TRI AS - ASSESS $55 500 00 Paid ChkV 079002 12/13/2004 HYDRO METERING TECHNOLOGY * E 601 49400 227 Ulil»ty System Main! Supplies $6 223 17 28:i2 3rd Qtr 2004 irnpund Services Grass Seed E 101 41000-309 JailChargcs Total HENNEPIN COUNTY SHERIFF OooKirig Fees • 10/2004 CITY OF ORONO 12/10/04 11 49 AM Pago 5 Check Detail Register® DECEMBER 2004 Chock Amt Invoice Comment $6,223.17Total HYDRO METERING TECHNOLOGY ■pardChk# 079803''’12/13/2004 ’Ip/COOKE CO......... ............ .....E 101-41900.201 Office supplies ___S223 21 381847 Total J.P. COOKE CO. Dog Tags $22321 Pa0"ChW*6>98O4 “l2/l'3/26M"KE~NNEbY&GRAVE^^ E 101 •43290-800 Special Projects. Contingency $72 00 63875 Borgert Matter •r ^ ^ e Total KENNEDY & GRAVEN, CHARTERED Paid Chk# 079805 Vi/'l 3/2004 ‘''KENNETH N.‘to^ E 101-41600-306 Legal-Prosecution $72 00 E 101-41600-306 Logai-Prosecution Total KENNETH N. POTTS. PA $2.500 00 11/22/04 $2.500 00 12/1/04 2005 Tabulator Lease Prosecutions 11/2004 $5.000 00 Pa<dChk« C79B06 12/13/2004 LONG LAKE, CITY OP • *• - ^ < E 425-48945-550 Automotive Equipment Total LONG LAKE. CITY OF $^1T 70^ 20040085 $9,711.70 Engine 11 - Final Allocation #«•••• Paid Chk# 079807 12/13/2004 LUBE TECH E 101-43000-224 Street Maint. Materials/Suppty Total LUBE TECH $3J6J5 $336ri5 1140547 Oil Paid Chk# 079808 12/13/2004 MAGIC CLEANERS E 101-42110-221 Equipment Parts & Accessories Total MAGIC CLEANERS $42 62 28762 $42/62 Blanket Cleaning Paid Chk# 079809 12/13/2004 MCLEOD USA • PHONE DILLS E 601-49400-321 E 001 49400-321 E 002 49450-321 E 602-49450-321 E 101-42110-321 E 101-41900-321 Total Telephone Telephone Tnlwphone Telephone Telephone Telephone MCLEOD USA $42 95 7736203 $23 57 7736203 $39.45 7736203 $55 00 7736203 $212.14 7736203 $49500 7736203 Phone Service Phone Service Phono Service Phone Service Phone Service Phone Service PHONE BILLS P^ald’chiuT ’oYobYo**" ‘12/13/2004* ‘ medic'a E 101-42110-135 City Benefit Contribution $868.11 «. • .• G 101-15998 Non-Employee Health Ins G 101-21706 Hospitaliration/Medical Ins O 101-21/06 Hospitalization/Medical Ins G 101-21706 Hospitalization/Mcdical Ins G 101 -15998 Non-Employee Health Ins G 101-21706 Huspitalizilion/Medical Ins Total MEDICA $374 75 $1,175 12 $11.474 97 $1,760 70 $731 11 $731.11 $10^)90 32 $26.338 68 154336102552 Mcdica High - 12/2004 104336107552 Medica High - 12/2004 104336102552 Medica High - 12/2004 104336122585 Medica Low - 12/2004 1C4336134225 Medica Essentials • 12/2004 104533612548 Medica Elect -12/2004 104533612548 Medica Elect - 1 2/2004 • k ■! • — • —•Paid Chk# 079811 12/13/2004 MET COUNCIL ENVIRONMENTAL SER 0 101-20809 SAC Charges due to MWee $8.100 00 11/2004 R 101-39610 Miscetlaneous Revenue ($81 00) 11/7004 G 101-20809 SAC Charges due to MWee $5,400 00 9/2004 R 101-39610 Miscellaneous Revenue ($54 00) 9/2(X)4 Total MET COUNCIL ENVIRONMENTAL SER $13 365 00 Sac Charges 11/2004 Sac Charges 11/2004 SAC 9/2004 SAC 9/2004 P*aid(:hiij 07M12 12/13/2004 MIDWEST ASPHALT G 651 16500 Fixed Asset-Const in progress G 651 -20600 Contracts Payable $44.898 39 RFP1 ($2,244 92) RFP1 RFP #1 -Birch Lane Strm Swr RFP il-Bifch Lane Slrm Swr 4 CITY OF ORONO 12/10/04 11:49 AM Page 6 *Check Detail Register© DECEMBER 2004 Check Amt Invoice Comment r^aVd Chk# W9813 Total MIDWEST ASPHALT $47.653 47 1 2/13/2004 “'^MINNEAPOLIS COMPANY G 101*42110-271 equipment Parts & Accessories Total MINNEAPOLIS OXYGEN COMPANY $56 12 800698 Medical Oxygon $56 12 Paid Chkilf 079814 12/13/2004 MN DEPT OF REVENUE O 613 20800 Due to Govts-State Sales Tax G 101 2060G Due to Govts-State Sales Tax R 601 -3061 0 Miscellaneous Revenue G 601-20806 Dur* *o Govts-State Sales Tax R 101-3465' t< eRepofls R 101-347R general Taxable Sales'Servico Total MN DEPT OF REVENUE $308 00 $27 00 $1500 $391 00 $51 00 $14 00 $886 00 10/2004 10/2004 1 C/2004 10/7004 10/2004 10/2004 Sales Tax Sales Tax Sales Tax Sates Tax Sales Tax Sales Tax 10/2004 10/2004 10/2004 10/70C4 10/2004 10/2004 12/13/2004 MN HIGHWAY SAFETY CENTER $1.455 00 11/9/04 Paid ChK# 079815 t 101-42110 437 Training & Development Total MN HIGHWAY SAFETY CENTER LG Driving $1.455 00 Pakj'ChMll’o/Mie' »2M3/?004 'mN STATE IREASURFR G 101-20802 Duo to govts State R 101-39610 Miscellaneous Revenue Total MN STATE TREASURER $8.66373 ($346 55) $8^317.18 1280 1280 State Surcharge - 9/2004 State Surcharge • 9/2004 ^aid'ChkflffaVl/ " ■ Vj/l^ E 6*3 49830-404 ftepnirs/Maint llldgn/Grounds Total MTtOISTCO. $832 93 $837 93 443052 Irrigation Blow Out Paid Chki 0/9818 '12/13/2004 NATIONAL AUTOMATIC SPRINKLER E 101-41900 404 Repnirs/Mainl-Bldgs/Grounds Total NATIONAL AUTOMATIC SPRINKLER $325 00 13931 $325 00 Annual Sprinkler Insp PuidChk# 079819 12/13/2004 NATIONAL WATERWORKS E 601-49400 227 Utility System M»nt Supplies Total NATIONAL WATERWORKS $129.91_ 1864646 $12991 Curb&tops PaXChk#*079820 f?/i3/2004 NCPERS GROUP LIFE INS G 101-21710 Life Insurance Total NCPERS GROUP LIFE INS $304 00 67321204 $304 00 PERA LifO - 12/2004 Paid ChkV 0*7982 i 12/1 3/?6o4 * NOlU.ING’S G 101-41900 404 Repairs/Maint OUgs/Groundi E 101 45200 404 Repairs/Maint HI Igs/Grounds Total NORIING S $962 50 19600 $1.532 62 19601 $2,495 12 Fail I andsepe Mnmt - CM rall Landsepe Mamt • CB Park Paid Chki* 079822 12713/2004 NORTHERN - HSDC E 101-43000-272 Vehicle Equipment A Parts Total NORTHERN-MSUC $234 97_ 193042256 $23497 Hitch A Accessories Paid ChK# 079823 “t2/13/2004 OCCUPATIONAL MEDICINE CONS LTD E 101 42110-319 Otner Professional Services I 10142110-319 Other Professional Sendees Total OCCUPATIONAL MEDICINE CONS LTD $690 00 140959 $865 50 140959 $1.555 50 Pre-Employment F xam-btensrud Pre Employment Exam-Toewe Paid Chki 079624 12/13/2004 OFFIC E DEPOT L 101-41900-201 Office supplies E 101-42110-201 Office supplies $73 18 265540341-00 $73 18 265540341-00 Office Supplies Office Supplies .MMHk CITY OF ORONO Check Detail Register© 12/10/04 11.49/\M Pugu 7 OECCMBER 2004 Chock Amt Involco CommnnI Total OhFICt DEPOT ■paiifChkit* 070625 12/13/2004 Pt I TIT/SANDWA kr E 101-41f)00 331 Travol r ipontoi Total PETTIT, SANDRA K. rflidCliK# 0/982G 12/13/2004 PIONEER ........... E 101 42400 340 Crncrnl Artvoitin ng II 101-41900-352 Printing A Publtshing E 101-41900-352 Printing A Publishing Total PIONEER ‘Paul (;hK# 0/902 r*'^^12/V372a04*'b^^ E G1 3 49830-321 Tuluphono Total QWEST Paul ChK#“6/6820 12/13/2004 * ROOT 6 MATIC C 007 40450 400 Rrpaifi/Maint Swr Imon/titt^ Total ROOT O-MATIC Paid Chk# 079829 * 12/13/2004 SCMARDER A SONS.......... I: 013 49830 271 Equipment Paris A Accessories Total SCMARUER & SONS lnjidChk» 0/0630 12/13/2004 aCMOCNINO EXCAVATING E 081 49910-400 Mepaifn/Mainl-Swi linen/lifts Tot«sl SCHOENINO EXCAVATING ’ra!3chkj'b/963l 12/13/2004 SIIAUGHNi^SsV.'cdLIN E 101-41900 404 Repairs/Mainl UliIgs/Gtuunds E 101 -42260 4Q4 RepaiivMaint Dtdgs/Giuuiuls Total SHAUGMNESSY. COLIN S146 36 S50 75 17/9/04 $50 25* $302 48 103004 $119 40 111304 $2 38JO 112004 $660 68 $61 16 9524739904 $Gt 10 $700 00 3975M $260 00 $29 01 2044918 $29 01 • • * Milesge Rmmbursement Applications Ordinance #20 Ordinance #21 Pliono Service Eir^T'f Clean Out • Dc ''woody Oil 1 liters • .«k • $450 00 1027 $450 00 $2.000 00 11/30/04 $100 00 11/30/04 $2,100 00 Waloitown Road Culvert lawn Mowing Lawn Mowing PaKlChk# 0/9832 12/13/2004 SOU1H METRO SAI ElY TRAINING E 101-42110-437 Training A Devoloprnenl $540 00 11/10/04 Total SOUTH METRO SATFTY TRAINING $540 00 Pauli.hK# 079833 * 12/13/2004 SUPERIOR wV rELES1> COMMUNICA^^^^^ Range Renlal • S Day I tot 43000 40t Repairs/Maird MiSC Equip Iota! SUPl RIOR WIRELESS COMMUNICAIIO 12/13/200-1 T.L. SI EVENSPaid ChK# 0/9034 I: 101 41900 404 Kepairs/Maint llUIgsK uminds Inlal Tl S1IVENS PulIi Chkir079635 12/13/2()b4 TIIE TIOMl DEPOT " E 101 41 ‘HK) 223 HKlg/Grounds Main! Supplies total 1HLMOMLULPUI 12/13/2004 TRUXS10RPaKlChk# 0/9B30 i 101 43000 222 Veliide I quir>ment A Parts Total TRUXSTOR $3/2/ 7651 $37 27 $300 00 39/2 $ 31H) 00 $t4j68 118/04 IbbbB $1,110 25 26814 $1.118 25 Repair • Nextell Well Repair • PO ^;uppllc• Tool Htues Trucks pykrthk#'07963/“ iJ/T 3/2004 UUNE I 101 41900-201 Office supplies Tutal ULiNE $15337 10398376 1153 37 Ptast c Bags w CITY OF ORONO *Check Detail Register® 12/10/04 11 49 AM Pago a DECEMDER 2004 Chnrk Amt Invoiro Commont pjii« ChH« 0/9B3B 12/13/2004 UNIFORMS UNUMITED E 131-42110-226 Cfolhiny & peiaonal equipment E 10V42110-221 EquipmonI Parts & Accessories I 101 421 10 226 Clothing A personal equipment r. 101 42110 226 Clothing A pei^onal ecpiipmenl Total UNIFORMS UNLIMITED $64 05 240903 $91 55 242/73 $23 34 242/74 $214 07 244325 $393 01 Mag. Radio Moldors - Boris Drug Test Kits Sergeant Insignias I rickson Badges ■ Cormck 12/13/2004 UNITED SIATES POSTAL SERVICE $00 00 6G $06 00 Wlii 5irkV^79tt'40 12/1372o6V ’ VI RI/ON ......... E 101 41900-321 PaidChkit 079B39 E 101 41900 322 Postage Total UNITED STATES POSTAL SERVICE PO Box Ronlal • m •« • Telephone Toldl VERIZON WIRFl t SS $201 92 2374902035 $20L92 Cell Phones Paid Chk» 079841 12/13/2004 VIKING INDUSTRIAl CI.NII R E 602-49450 403 Repairs/Miiinl Misc Equip E 602 49450 403 Repntrs/M.iint Misc Equip Totat VIKINO INliUSlRIAL CENTER Paid Chkir* 079042 ’12/13/2004 VOGT HEATING A AIR E 101 42110 404 Repaw s/Mainl Bklys/Grcninds E lot 41900 404 Repaits/Mamt DUlqs/Orounds Total VOGT HEATING A AIR $102 24 14H0')f> $751 20 14609/ $053 52 Tnpod 02 oennof Update $394 44 23/05 $407 09 73705 $076 53 Annual Mamt Contract Annual Mail it Contract PnidChkl/ 0/9643 12/13/2004 WAGNER. PHILLIP n 101-42110 437 Tlaming A Development Total WAGNER. PMII LIP $551 00 11/5/04 $551 00 Firearfm Training . Day Paid Chki 0/9844 * UIVSliXiA WESTSIDE WHOLtnALE TIRE L 101 43000 402 Rep,ilf*./M.iint Auto f quip Ti.lat Wl STSIOr WIIOEESAl F. TIRI $34 69 542040 $34 69 Mount Tires 431 Paiii Chkit 0/9045 'i v 13/2004 WESTWOOD PROFESSIONAL SERVICES E 101 43290 HOO Special Pmjrris. Conlingenry $3.490 79 410339 Demiith • R^fcwe^!atlon Plan Total WESIWOOD PROFT SSIONAE SI RVICES $3,490 29 Paid ChKJ 0/9846 12/13/2004 WRIGHT HlNNl PIN I It CIRIC E 191 43000 361 E 602 4'3«t 50-381 E 101 43000 301 C»as A I lerlnc Ctas A I kM.tric Gas A Electric $30 84 $28 14 $21 00 3113009200 3113009200 5O15/02'K)O I lo trical Service Elect!iciil Service Elec tncal Serviro Total WRIGHT HENNEPIN ELECTRIC $00 86 1 Paiii Chk# '\v\mT ’ f2/t 3/2004 YOUNG. JACKIE E 101 42400 319 Other Piotossmnal Services $26*' 00 n'25/04 Plan Minutes 10/10 { t 101 4130C 319 Other Prolessional Services $165 00 11/25/04 EC Minutes 10/11 1 101 41300 319 ('Mhet Prolessional Seiv»cei $140 00 11/25/04 CC Mirujtn 11/8 E 101 42400 319 Other FVoiessional Services $265 00 11/25/04 Plan Minutes 11/15 Tptal YOUNG. JACKIE $835 00 10100 PrimaiY Cash $3^8.109 06 *!• < w-»* CITY OF ORONO 12/10/04 11:40 AM PogoO ^Check Detail Register© DECEMBER 2004 Chock Amt Involco Commont Fund Summary lot GENERAL FUND 227 IMPRAIQUIP CAPITAL OUTLAY FUND 234 LURTON PARK 402 MUNICIPAL ST AID ST CONSTUCT 415 2001 SENIOR HSG TIF CONST FUND 420 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 1142.626 /5 $1.068 75 $1.200 00 $01.725 25 $225 00 $9,711/0 $0,560 50 $2 480 28 $201930 $140,601 47 $378,100 06 TO: rUOM: DA'H Di'dinlM'i l.'{, *2(MU(’omi< il Agenda I'ackcl Hull M<NMsi‘, City A«liiiiiiislialoi' Jaiuian ’ '2K, 2(N).'> 81IBJECT: City Administrulor 2(M)5 Salary Adjuslmcnl The ('oui)cil, al ils Decciiihcr vvorkscssion, reviewed the ixTlormancc of ihc (’ily Administrator over the past year. I he ( oimcil directed the City Adminislralor to pn»vide market iiddrinaiioii reganling City Adminislralor salary levels, lo assisi the Ctmneil in determining the 2(M).S salary odiu.stinenl. I he City Adminislralor provided Ihe markel iid'onnalion to ihe (’ouneil al the December 13 regular C'ouncil meeting. I he market information included a recommeiulaliou regarding a .3% .salary mljusimenl. The Council look aelion al Ihe I )ecemlKr 13 meeting to approve a 3 “'o adjaslment to the City Administrator salary elfeelive January 1,2005.