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Home My WebLink About03-24-2003 Council PacketC *r\ muk 2 ^ AGENDA FOR COUNCIL MEETING SET FOR MONDAY, MARCH 24,2003,7:00 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 tlte Agenda items aic available in the Public Packet - located on the counter near the sign in sheet. ROLL CALL { CONSENT AGENDA 1. Approve/Amend cn ~ . r» ianf, 7:00 P.M. 2. Assessment Hearing - North Arm Lane Paving Project 1 .Adopt North Arm Lane Paving Project Assessment - Resolution 2.Acccpt Quotations for North Arm Lane Paving Project - Resolution APPROVAL OF MINUTES • 3. Regular Council March 10,2003 PARK COMMISSION COMMENTS - Irene Silber PLANNING COMMISSION COMMENTS - J. Marc Fritzler PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT * 4. 1^02*2864 Josephine Carpenter, 480 Russell Avenue - Variance - Resolution 5. #03-2874 Richard Kail, 3753 Casco Avenue - Vacation #03-2875 Sandra Ann Benson, 1376 Baldur Park Road - Variances - Resolution * 7. #03-2879 Gary Hegencs, 2675 Shadywood Road - Variance - Resolution 8. #01-2714 Fred Puzak, 1340 Baldur Park Road - Review of Variance Conditions * 6. MAYOR/COUNCIL REPORT PUBLIC SERVICE DIRECTOR'S REPORT 9. Accept Quotes for Turn Signal at Willow Drive 10. Long Lake Water Interconnects 11 . Support of New Funding for Roads - Resolution 1 2. Seasonal Employees for Golf Course CITY ADMINISTRATOR'S REPORT 13. Pay Requests - Long Lake Fire Station 14. Agreement for Fire Service w ith Excelsior Fire District 15. Park Commission Reappointments 1 6. Appointment of Part-Time Customer Service Assistant AGENDA FOR COUNCIL MEETING SET FOR MONDAY, MARCH 24,2003,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA CITY ATTORNEY’S REPORT 17. LICENSES Kennel License Renewals * 18. BILLS UPCOMING ISSUES AND EVENTS mi 03/24 - Council Meeting, 7:00 p.m. 04/07 - Paric Conunission Meeting 7:15 p.m. 04/14 - Council Meeting, 7:00 p.m. 04/21 - Planning Commission, 6:30 p.m. 04/23 - Board of Review, Wednesday, 7:00 p.m. 04/28 - Council Meeting. 7:00 p.m. 1 Public Attendance Meeting D ate W 2 OO'^ Council □ Planning Commission □ Park Commission □ Other Please filloutthe information requested BELOW FOR OUR CITY RECORDS. NAME (please print)ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER 1.. 2.. 3.. 4.. 5. t c \ l»v\KJ.C I LStvM -kwlvu^ ~3‘(c l^ /C- >3 AClUl 1^ PrHS L-- 6.. 7.. 8. 9. 10.. II.. 12.. 13.. 14. 15. U Udwlatitrefiit tiipp*fivra«M«rriM< Atiffi^Met «tpd REQUEST FOR COUNCIL ACTION MAH 2 4 2003 DATE: MarclW, S^WHO nu ITEM NO: 2 Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Public Service Director's Report Item Dcseription: Assessment Hearing for North Arm Lane Paving Project- Resolution The assessment hearing for this project is scheduled for 7:00 p.m. The proposed assessment is $2,400 per property for the seven properties that have driveway access on North Arm Lane. The assessment is for a 10-year time period at an interest rate of 6.25% which results in an annual payment of approximately $325 per year. The existing road is gravel, and the project includes a $9,000 City contribution which is approximately 35% of the project cost. This contribution is an allowa.ncc for the cost of a pavement overlay on an existing paved road. The following legal notice for the assessment hearing (See attached) was published in the March P' Laker/Pioneer newspaper, and a letter was sent to each property owner notifying them of the assessment hearing. Assessment Appeal Procedure If a property owner wants to appeal the assessment, a notice of intent to appeal the assessment must be filed with the City Clerk prior to the hearing or presented to the Mayor at the as.sessment hearing. An appeal must then be filed with the District Court within thirty days after the assessment hearing. Staff Recommendation The City staff recommendation is that, if no notices of an assessment appeal are submitted to the City, the resolution adopting the assessment be approved. If assessment appeals are filed further, discussion by the Council is recommended. If the assessment is adopted. Council approval is also required for the attached resolution accepting the quotation from Bufl'alo Bituminous for this project. This project cost is less than $50,000, so the City is allowed to solicit competitive quotations for this work. Requests for quotations were sent to three paving contractors, and quotations were received from two contractors with Buffalo Bituminous submitting the lowest quotation. COUNCIL ACTION REQUESTED Motion to approve resolution adopting the proposed assessment for the North Arm Lane Paving Project. Motion to approve resolution accepting the quotation from Buffalo Bituminous, Buffalo, Minnesota in the amount of $19,548 for the North Arm Lane Paving Project. m-: r ^ T>eNl>LeTON SSO ^iORTH Arm tANE ORONO. MINN6SOTA 553^ «J 16 March 2003 m « Greg Oappa Director of Public Services City ofOrono 2750 Kelley Parlcway Otono, MN 55356 Dear Mr. Oappa, As property owners on North Ann Lane, we would like to again eiqxress our support regarding the paving of North Ann Lane in Qrono. We are unable to attend the Assessment Hearing scheduled for March 24,2003, but would like to inteiject that we believe the assessment of $2,400 per unit is acceptable. However, because of the loog>term maintenance cost benefit for Orono, we suggest the City pay a portion of this assessment. We look fi>rward to hearing the details of the assessment hearing. Jon and Meg Pendleton 952-472-5685 L —• — -*■*^1 k..*Aa tr A RESOLUTION ADOPTING THE NORTH ARM PAVING IMPROVEMENTS ASSESSMENT ROLL WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the paving improvements on North Arm Lane. Minnesota: NOW, THEREFORE, BE IT RESOLVED, by the City Council of Orono, 1.Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefitted by the proposed improvement in the amount of the assessment levied against it. 2.Such assessment shall be payable in equal annual installments e.xtending over a period of 10 years, the first of the installments to ^ payable on or before the first Monday in January 2004 and shall bear interest at the rate of 6.25% per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31,2003. To each subsequent installment when due shall be added intere.st for one year on all unpaid installments. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, w ith interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days fVom the adoption of this resolution; and he may, at anytime thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which SJcn payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. Partial prepayment may be allowed in accordance with ordinances which are existing or which the City may choose to adopt in the future. Page 1 of 2 4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same marmer as other municipal taxes. Adopted by the City Council of Orono this 24th day of March, 2003. ATFEST: Barbara A. Peterson, Mayor Linda S. Vee, City Clerk Page 2 of2 Assessment Roll for North Arm Lane Paving Project Date: March 24,2003 Municipality: ORONO Levy Number: Municipal Code: 38 Project Number: 2003-1 Levy Description: North Arm Lane Paving Project Total Project Assosment: $16,800 Interest Rate: 6.2S%Number of Years Payable: 10 PIDS Addition Total Code Principal Lot Block Name Street Property Address U Mailing Street Address Mailing City Address Units 06-117-23 24 0001 $2,400.00 Pass Exchange LLC 215 NorthAimLane 2536 18th Ave.S Minneapolis, MN 55404 06-117-23 24 0008 42750 $2,400.00 2 I Harriet C. Smith 370 North Arm Lane 370 North Arm Lane Mound. MN 55364 06-117-23 24 0011 42757 $2,400.00 1 1 Mark J. & M. Larson 366 North Arm Lane 366 North Arm Lane Mound. MN 55364 06-117-23 24 0012 42757 $2,400.00 2 1 Ross C. Hawkins Jr.360 North Arm Lane 5455 E. Virginia Ave. Phoenix, AZ 85008 06-117-23 24 0013 05050 $2,400.00 1 I James R. & Adrienne M. 340 North Arm Une Neilson 340 North Arm Lane Mound, MN 55364 06-117-23 24 0014 0S050 $2,400.00 2 1 Jon M. Pendleton 350 North Arm Ijinc 06-117-23 24 0015 06887 $2,400.00 I David E & Carla J. Sipprell 345 North Arm Lane 350 North Arm Lane Mound. MN 55364 345 North Arm Lane Mound. MN 55364 $16,800.00 Plage I of t IWMMiOm uteaB&yam A RESOLUTION ACCEPTING THE QUOTATION FOR THE NORTH ARM LANE PAVING IMPROVEMENTS WHEREAS, pursuant to a solicitation for quotations for the North Arm Lane paving improvements project, quotations were received, opened and tabulated according to law; and WHEREAS, it appears that Buffalo Bituminous Inc. Buffalo, Minnesota submitted the lowest responsible quotation. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota; The Orono City Council does hereby accept the quotation from Buffalo Bituminous Inc. for completion of the North Arm Lane paving improvements project according to the plans and specifications therefor approved by the City Council and on file in the office of the City Clerk in the amount of $19,548.00. Adopted by the Orono City Council at a regular Council meeting held on March 24, 2003. AITEST: Barbara A. Peterson, Mayor Linda S. Vee, City Clerk Page i of I Notice of Hearing on Proposed Assessment Notice is hereby given that the Orono City Council will hold an assessment hearing on March 24, 2003 at 7:00 p.m. in the Orono Council Chambers, 2780 Kelley Parkway to consider and pass upon the proposed assessment for the North Arm Lane pavement project improvements. The following is the area to be assessed. The following properties in Hennepin County Minnesota: 06-117-23-24-0001 06-117-23-24-0008 06-117-23-24-0011 06-117-23-24-0012 06-117-23-24-0013 06-117-23-24-0014 06-117-23-24-0015 215 North Arm Lane 370 North Arm l.ane 366 North Arm Lane 360 North Arm Lane 340 North Arm Lane 350 North Arm Lane 345 North Arm Lane The propo.scd assessment roll is on file f >r public inspection at the City Clerk's office. The total amount of the proposed assessment is $16,000. Such assessment shall be payable in equal annual installments, the first year of the installments to be payable on or before the first Monday in January 2004 and shall bear interest at the rate of 6.25 percent per annum from the date of the adoption of the assessment resolution. Written or oral objections w ill be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a signed written objection is filed with the clerk prior to the hearing or presented to the presiding officer at the hearing, fhe Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. If an assessment is contested or there is an adjourned hearing, the following procedure will be followed: 1. The City w ill present its case first by calling w itnesses who may testify by narrative or by examination, and by the introduction of e.xhibits. After each wimess has Page 1 of 2 testined, the contesting party will be allowed to ask questions. This procedure will be repeated with each witness until neither side has fUrther questions. 2.After the City has presented all its evidence, the objector may call witnesses or present such testimony as the objector desires. The same procedure for questioning of the City's witnesses will be followed with the objector's witnesses. 3. 4. The objector may be represented by counsel. Minnesota rules of evidence will not be strictly applied; however, they may be considered and argued to the Council as to the weight of items of evidence or testimony presented to the Council. 5. The entire proceedings will be tape-recorded. 6.At the close of presentation of evidence, the objector may make a final presentation to the Council based on the evidence and the law. No new evidence may be presented at this point. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or City Clerk within 30 days after the adoption of the assessment and filing such notice with the District Court witliin ten days after service upon the Mayor or City Clerk. To be published in the Lake/Pioneer Newspaper March 1,2003 Page 2 of 2 1 I • ^ ORONO CITY COUNCIL MEETING MONDAY, MARCH 10,2003 ............. , I 4 2003 «b>hONOgi.t ROLL The Council met on the above-mentioned date with the following members present: Mayor Barbara Peterson, Council Members Bob Sansevere, Jay Nygard, Jim White, and Jim Murphy. Representing staff were City Administrator Ron Moorsc, City Planner Jennifer Chaput, City Planner Wendy Bottenberg, City Attorney Tom Barrett, City Engineer Tom Kellogg, Public Services Director Greg Gappa, and Recorder Alissa Wintemheimer. Mayor Peterson called the meeting to order at 7:00 p.m. CONSENT AGENDA 1. Approve/.Amend Items 6,10,11,12,13,14,15,16,17, and 18 were added to the Consent Agenda. Murphy moved, and Mayor Peterson seconded, to approve the consent agenda as amended. Vote: Ayes 5, Nays 0. APPROVAL OF MINUTES *2. Minutes of the Regular Council Meeting of February* 24,2003 Murphy moved, and Mayor Peterson seconded, to approve the Minutes of the Regular Council Meeting of February* 24,2003. Vote: Ayes 5, Nays 0. PRESENTATION 3. Mark DuCharme —Fire Chief, Excelsior Fire District Murphy stated DuCharme ’s team had been working witli the Orono fire station committee to finalize plans for getting the Navarre Fire Station up and running. He expressed his appreciation for DuCharme ’s help and welcomed him to the Council meeting. DuCharme stated that the partnership forming between the Long Lake and Excelsior fire departments as they prepare the Navarre fire station is very exciting. He stated he was very confident of an agreement being reached soon. He felt the project will serve as an example for others on how things can work when partnerships are formed between communities. He was looking forward to sharing amenities with Long Lake and y ORONO CITY COUNCIL MEETING MONDAY, MARCH 10,2003 i. Mark DuCharme—Fire Chief, Excelsior Fire District—Continued tinuing the partnership. WM«e asked how DuCharme felt about in-home sprinkler systems. DuCharme stated that he was in favor of them. While alarms and sprinklers have an initial cost, they are well worth the investment because sprinklers are an effective tool against home fires. Mayor Peterson asked if there would be a restriction against recruiting applicants from the Navarre area. DuCharme stated that they require applicants be able to reach the station within 5 minutes. They do, however, use common sense, so if someone lives just outside the 5 minute radius, they would still be considered for a position. The most important thing is that applicants have an adequate response time to the alarms. Sansevere asked about pension jurisdiction. DuCharme stated that the Navarre recruits would be covered by the Long Lake Fire Department. Fire fighters cannot transfer service with their pensions in Minnesota. By putting them under Long Lake, some fire fighters would be able to transfer to the new station without losing their pensions. He stated that 50 - 75 years ago, it was not uncommon for some departments to have large pensions, and others to have small ones, based on which were focused on protecting their pension funds and encouraging fire fighters to stay in their service. Murphy stated that in the corporate world, pension portability is a controversial issue because the whole point is to keep people w ith one company. There will be a lot of issues to explore in the next few years. Gabriel Jabbour stated that DuCharme is a full-time fire chief who also teaches fire fighter classes. He will be teaching the new- recruits, which will give them the benefit of saving time and money by having local training. Sansevere stated they couldn’t have found a better chief and staff to see them through the development process. DuChanne stated it w as a team effort. When asked about his history, he stated he was bom in Shorew ood, the youngest of a dozen children. He came from the Brooklyn Park Fire Department and has over 20 years of experience. He was mentored by John George, a foraicr Chief of the Minneapolis Fire Department. Murphy stated the City has a 20-year fire ser\ ice contract with Long Lake, and the Excelsior Department would be helping with training and serx icc for 3-years while Navarre is getting up and running. Murphy stated they are very lucky to have the Excelsior department and Duchamic to work w ith. Mayor Peterson thanked DuChamie for his assistance, and for coming to the meeting. n ORONO CITY COUNCIL MEETING MONDAY, MARCH 10,2003 4. OroDo Alliance for Education—Bowman Gray Bowman Gray of the Orono Alliance for Education stated that the organization was rooted in the Orono Education Fund, which was founded in 1956 to provide classroom support and scholarships for Orono students. Three years ago they raised $50,000 to help the schools purchase supplies. After that, the Orono Education Fund called on Gray to help them organize into a 501 (cX3) to become a development office for the schools, similar to those in private schools. The Alliance offers an opportunity for the community to donate to the schools and direct how the funds will be disbursed. The school makes a grant request and the Alliance determines if there is adequate funding to grant the money. They are trying to build an endowment. Over the last three years they have granted back to the schools over $500,000. They give away more local scholarships than any other group in the area and fund the Distinguished Alumni Award. On April 24“* Loric Line will be giving a benefit concert at the high school. Tickets are being sold for $30, $50 and $100. The night of the concert, any unsold tickets will be available and no one will be turned away because the concert is to be a community event. The police and parents ’ organizations will have booths set up. They would like some Council members to attend the concert. Gray stated the school district is a source of pride for the Alliance. Gray stated that his term as president of the Alliance is almost over. Susan Brio will be the next Alliance president. White stated that his children have gone through the Orono schools and they are very pleased with the schools and impressed with the amount of scholarships made avail^le locally. Mayor Peterson stated that she is also very pleased with the Orono schools and her children have had success getting into colleges thanks to the education they received in Orono. PARK COMMISSION COMMENTS—ANDREW MCDERMOTT McDermott stated that the Park Commission met this month, and Nygard attended. They were looking into having the University maintain the French Creek Preserve Prairie for them. They discussed the trails and sidewalks that will be coming up in the next couple of years and have discussed having the County help w iden the shoulder of County Road 19 to allow bikes to use it. They discussed the trail along County Road 6, which will connect from Old Crystal Bay Road to where Willow View trail left off by using state aid funds. ORONO CITY COUNCIL MEETING MONDAY, MARCH 10,2003 PARK COMMISSION COMMENTS —ANDREW MCDERMOTT —Continued They also want to get the trail from the Luce Line continued down to Fox Street when they do the Old Crystal Bay Road repaving. Sansevere asked about testing playground equipment for arsenic. Gappa stated he had contacted testing companies, but they need to wait for the temperature to be above freezing to get an accurate test. They would probably be able to test over the weekend and would have results a few days after that. Murphy stated he had heard that it wasn’t dangerous unless burned. White stated that arsenic is toxic in any form in the soil, compound, wood chips, etc. PLANNING COMMISSION COMMENTS—CYNTHIA BREMER None. PUBLIC COMMENTS None. ZONING ADMINISTRATOR’S REPORT 5. #02-2859 Blake and Mary Bichanich, 332 Westlake Street—Variances Chaput stated that the applicants want to remove an existing home and build a new one. In 1993 the applicants were granted variances to remodel the existing houses that were on two adjacent lots, combining the houses into one residence. Because the remodel used significant portions of each house, variances were granted, allowing side yard setbacks of 1 r to the south and 19.3’ to the north. Although the current application is for new construction, which would require 30 ’ side yard setbacks, the applicants want to build in the same area with the same side yard setbacks that were granted in 1993. Other variances requested were: lot width of 100.28 ’ where 200 ’ is required, and lot area of 1.34 acres where 2 acres is required. The Planning Commission recommended to approve the lot width and lot area variances as presented and to alter the side yard setbacks from those proposed to not less than 20 ’, permitting up to a 4’ encroachment into either side yard for roof overhang, but no other' structural elements, and requiring the removal of the existing shed in the 0-75 ’ zone, which may be replaced with a lock box of no more than 200 s.f. ORONO CITY COUNCIL MEETING MONDAY, MARCH 10,2003 5. #02-2859 Blake and Mary Bichanich, 332 Westlake Street—Variances—Continued The applicants agreed with the recommendations except that they requested the side yard setbacks be reduced to 15 ’ on each side. Blake Bichanich and David Allers, potential buyer of the property, were present. Bichanich stated that he bought the two lots and then connected the two houses, adding about 70% of the current foundatioii at the time of the remodel. The combined area of the two homes was less than 1,500 s.f before the remodel, and is now about 3,500 s.f. The existing garage extends 2 ’ into the neighbor’s property. He would move the garage back onto their property with the rebuild. Bichanich showed elevations of the proposed house. He stated his goal was to spread the house out, and keep the massing down to a 1 Vz story cottage feel, so that it would fit in well with the neighborhood. Bichanich had a letter signed from his neighbors, who had attended the meeting, in support of his plans. He stated that with the 30’ side yard setbacks, he would have to construct a 2 Vz -story house to get the same square footage. The house would be required to be a long, narrow, box that would not fit the neighborhood. Bichanich stated they were willing to bring the garage 15 ’ inside the lot line. The p- »' house had bump-outs for architectural interest that brought one point 17 ’ from the lot line on the south side, and most of the house would be behind that point. On the north side, the great room was angled to bump out into the side yard setback. Gaffron stated that staff did not support any side yard setback variance because the house would be new construction without any hardship. Mayor Peterson asked if staff had any issue with the lot width or area variances. GafTron stated they did not. Bichanich stated that they have the neighbors’ support. The area was rezoned in 1975 and the requirements don t apply to the neighborhood. He stated that not a single property could comply with the zoning codes. Nygard stated that the applicant would receive variances on the lot width and area, but with the length of the lot, he should be able to design a house that meets setbacks. Bichanich stated that the new house would be the same width as the old, so he expected to receive the variances that were granted in 1993. He stated the neighbors had banded togethf to support him because they realized that the issue affects them. With current code., (here is no incentive for people to combine lots because it produces a narrow house. Murphy asked Bichanich why he couldn’t shift the house plan to fit the 20 ’ setback dtL.Ill i> i ORONO CITY COUNCIL MEETING MONDAY, MARCH 10,2003 5. U02-2859 Blake and Mary Bichanich, 332 Westlake Street—Variances—Continued recommended by the Planning Commission. GaiTron stated that the City has become stricter in recent years concerning rebuilds. Murphy suggested they reposition the great room so that it would not bump into the setback. Sansevere asked Gaflron if he was opposed to the 20’ setback and in favor of 30’. Gaffron stated that no variance was acceptable without a hardship. Chaput stated that the Planning Commission decided the length and shape of the lot served as a hardship. Gaffron stated that variances had been made in the 2-acre zone, but for shorter lots. He stated this application was based on aesthetic issues. Sansevere stated he would not vote for the variance without a hardship. Nygard stated that maintaining the feel of the neighborhood is important and in this situation, they would double the distance between houses. Murphy asked if the planned house wouldn ’t be an anomaly in the neighborhood. Bichanich stated it would not, but that meeting the setbacks would create an anomaly by forcing them to mass the house vertically. He stated a house that is 30’ wide and 60’ long would not fit the neighborhood. Bichanich stated it is too expensive to combine lots to only gain 10 ’ of house. Allers stated that the code was the hardship for the application. The code was being applied to a neighborhood where it didn’t fit. Trying to spread the house out and reduce massing was important to him. The floor plan would change drastically to accommodate the larger setbacks. He stated that his purchase of the property was contingent upon the setback variance. Sansevere stated that he would like to say yes because it’s a great house and they seem nice, but he can’t fairly do so without a hardship to consider. Sansevere asked if they had ever granted setback variances in the 2-acre zone. Gaffron stated that staff had not found any. If a variance were granted on a questionable hardship it would open the door to all sorts of claims. White asked if the applicant could build on the existing foundation without any variance. Gaffron stated that there is no language in the code requiring that applicants use a certain percentage of the existing house, but the Planning Commission had been considering the issue. f ORONO CITY COUNCIL MEETING MONDAY, MARCH 10,2003 5. #02-2859 Blake and Mary Bichanich, 332 Westlake Street—Variances—Continued Murphy stated it seemed the applicant would either need more land or a smaller house. Alters stated that if a 200 ’ wide, 2>acre lot required 30* setbacks, then it made sense for 100* wide, 1.3-acre lot to need IS* setbacks because proportionately it was the same. He asked why Council felt the code applied to his situation and the neighborhood. Nygard stated that they didn’t necessarily, but the code was what they had to work with. He suggested Alters and the neighbors get a petition going to change the code and rezone the neighborhood, giving the Council something new to consider. Mayor Peterson suggested they tabic the application. Barrett stated that he agreed with staff. The Council had to work within the laws and identify a hardship. The inability to get a certain width house was not a hardship. If Council granted a variance, it would set a precedent. Alters asked what they would have to do to rezone. Gaffron stated they would need to look at the adjacent zones to determine what district the neighborhood should be rezoned Sansevere asked if it was worth pursuing. Gaffron stated that if they could rezonc to I- acre and not create higher density, and meet the City’s goals with the rezoning, then it might be worth considering. Murphy asked what precedent the re/oning would set. Moorse stated they would have to consider the entire City and rezonc all similar neighborhoods. Murphy stated they should not rezone to fit the homes, but the homes should fit the zoning. Sansevere stated it would set too great a precedent. Nygard stated that when the neighborhood was zoned, they didn’t expect it to be sewered. Alters asked why they couldn’t consider each neighborhood on its own merits as issues came up. Sansevere asked if they would take in the house I ’ on the south side and 3 ’ on the north to fit the Planning Commission’s recommendations. Alters stated he w ould look into it. Sansevere asked if they could w ork w ith the existing foundation in order to avoid needing any variances at all. It would be the simplest solution. Alters stated they would work w ith stafi to find a solution. Murphy moved, and Sansevere seconded, to table #02-2829, Blake & Mary Bichanich, 322 Westlake Street. Vote: Ayes 5, Nays 0. ORONO CITY COUNCIL MEETING MONDAY, MARCH 10,2003 *6. #03-2865 Kevin Manley, 1973 Eagerness Point Road—Variance—^Resolution No. 4935 Murphy moved, and Mayor Peterson seconded, to adopt Resolution No. 4935 granting variances to Municipal Zoning Code Sections 10.22, Subdivisions 1 and 2; 10.55, Subdivision 8; and 10.56, Subdivisions 16(C)(J)(L) and a conditional use permit per Section 10.03, Subdivision 19, to permit the construction of a gravel driveway constituting 400 s.f. of hardcover in the easterly 0-75’ zone where no hardcover is normally allowed; to permit construction of a 4.5’ x 12’ deck in the westerly 0-75’ zone constituting structure and hardcover within 75’ of the shoreline where no structure or hardcover is normally allowed, and constituting an average lakeshore setback encroachment where none is normally allowed; and to permit construction of a 4’ w ide walkway behvcen the garage deck and the house in the 75- 250’ zone constituting hardcover in excess of 25% where only 25% hardcover is normally allowed. Vote: Ayes 5, Nays 0. *7. #03-2870 Roberta Vaughn, 205 Tonka Avenue —Lot Line Rearrangement— Resolution No. 4936 Murphy moved, and Mayor Peterson seconded, to adopt Resolution No. 4936 approving the lot line rearrangement of 205 Tonka Avenue and 3440 Bayside Road by the subdividers as shown on the certificate of survey by Mark S. Groiiberg, a licensed surveyor of Gronberg & Associates, dated and revised March 5,2003. Vote: Ayes 5, nays 0. *8. #03-2871 Saliy and Dan Weatherly, 1214 Wildhurst Trail—After-the-Fact V'arianccs—Resolution No. 4937 Murphy moved, and Mayor Peterson seconded, to adopt Resolution No. 4937 granting after-the-fact variances to Municipal Zoning Code Section 10.24, Subdivision 5(B) and Section 10.03, Subdivision 15(A) to allow encroachment of a new single family residence to be located 6*' (0.5’) into the side yard setback resulting in a 9.5’ setback where 10’ is required in the LR-IB zoning district; and to allow said new residence to have eaves of 3 ’ where 1 */i’ is allowed. V'ote: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT 9. Proclamation: Orono High School Hockey Team Mayor Peterson stated the Council wanted to recognize the Orono High School Boys Hockey Team to be recognized for its achievement. She suggested that other school . i 8 ORONO CITY COUNCIL MEETING MONDAY, MARCH 10,2003 9. Proclamation: Orono High School Hockey Team—Continued teams also be recognized for going to the State Tournaments. White suggested that students also be recognized for academic achievement. Murphy stated that they should avoid watering down the honor for the hockey team. He suggested calling the schools and asking what would be the most appropriate way for the City to recognize student achievements. Mayor Peterson moved, and Murphy seconded, to table a proclamation recognizing the Orono High School Boys Hockey Team’s achievement at the State Hockey Tournament. Vote: Ayes 5, Nays 0. Sansevere stated he distributed a letter from Mr. Larson, who wa looking for help from the City concerning lakcshore property. Murphy suggested that at the neighborhood meeting concerning the fire station, they have the architect present a drawing to show what a typical fire station would look like, even if it’s not what would be built, just to give the residents a visual for discussion. PUBLIC SERVICE DIRECTOR’S REPORT *10. Request for Purchase of NPDES Stormwater Program Software Murphy moved, and Mayor Peterson seconded, to approve Request for Purchase of NPDES Phase 2 Stormwater Program, ASSIST project management and reporting software from DBSP Inc. Fort Worth, Texas, for $3,722, with the purchase to be funded from the Stormwater Utility Fund with approval of a year 2003 Stormwater Utility Fund budget adjustment to reflect the expenditure. Vote: Ayes 5, Nays 0. *11. Accept Quotations for North Long Lake East Sewer Murphy moved, and Mayor Peterson seconded, to accept the quotation in the amount of $40,133 from EJ Mayers Inc., Corcoran, Minnesota for completion of the North Long Lake East sewer project. \^ote: Ayes 5, Nays 0.i ORONO CITY COUNCIL MEETING MONDAY, MARCH 10,2003 CITY ADMINISTRATOR'S REPORT *12. Pay Requests—Long Lake Fire Station Murphy moved, and Mayor Peterson seconded, to approve the requests for payment as follows: Connectivity Solutions in the amount of $11,600.26, General Oflice Products Company In the amount of $702.96, Nott Company in the amount of $1,052.21, SPS Companies in the total amount of $408.77, and Budget Printing in the amount of $300.24, to be funded from the Joint Fire Account. Vote: Ayes 5, Nays 0. *13. Application and Certificate for Payment No. 10—Long Lake Fire Station Murphy moved, and Mayor Peterson seconded, to approve Application and Certificate for Payment No. 10 from Rochon Corporation in the amount of $55,524.28 to be funded from the Joint Fire Account Vote: Ayes 5, Nays 0. *14. Amend City Recorder Fee Schedule Murphy moved, and Mayor Peterson seconded, to approve the following fee schedule for 2003 for the City Recorder effective January 1,2003: Length of Meeting 1- 2 hours 2- 3 hours 3- 4 hours 4- 5 hours 5- 6 hours 6- 7 hours 2003 Fee Schedule $140.00 $165.00 $200.00 $260.00 $335.00 $430.00 Vole: Ayes 5, Nays 0. *15. Opposition to Ridgedale Court Closing—Resolution No. 4938 Murphy moved, and Mayor Peterson seconded, to adopt Resolution No. 4938 opposing the closure of any suburban courthouse and requesting Hennepin County District Court to share information and cooperatively examine possible solutions for state funding cuts. \'ote: Ayes 5, Nays 0. f ORONO CITY COUNCIL MEETING MONDAY, MARCH 10,2003 *16. Accept School Resource Officer Training Grant Murphy moved, and Mayor Peterson seconded, to accept the National Center for Missing and Exploited Children grant for the School Resource Leadership Program, March 23-27,2003. Vote: Ayes 5, Nays 0. *17. 2002/2003/2004 Police Sergeant Contract Murphy moved, and Mayor Peterson seconded, to approve the 2002/2003/2004 Police Sergeant Contract settlement, and to authorize the City Administrator to prepare and sign a contract reflecting the settlement Vote: Ayes 5, Nays 0. 17a. Dental Office GafTron stated that staff had just received new drawings from the applicants that were different from the plans approved by Council. The roof system was changed, adding more than 10’ to the peak height. They also removed several high cost features, such as the glass in the gables. The City had not yet closed the sale on the property and Council could say yes or no to the new design. Murphy suggested drafting a letter stating what would be acceptable. Gaffron slated the roof pitch could be reduced, but asked about the other quality features, like the glass. Moorse stated the City had purchased the property in order to control what went in there. Murphy suggested telling the developer to go back to the approved plans or come before Council to defend the changes. Council agreed and directed Gaffron to instruct the developer to return to the approved plans. CITY ATTORNf. I^’S REPORT None. *18. LICENSES Kennel Liernse 1. Don and Linda Lindau 666 Tonkawa Road ORONO CITY COUNCIL MEETING MONDAY, MARCH 10,2003 Kennel License—Continued 2. Sara Mussmann 2095 Salem Court Murphy moved, and Mayor Peterson seconded, to approve the above listed licenses. Vote: Ayes 5, Nays 0. *19. BILLS Murphy moved, aud Mayor Peterson seconded, to approve payment of the All Funds Account. Vote: Ayes S, Nays 0. ADJOURNMENT The meeting was adjourned at 9:05 p.m. ATTEST: Linda S. Vee, City Clerk Barbara Peterson, Mayor 3600 D 3200 I I F 2400 2000 II 1600 I 1 W4Y24TA UV H«nr %7 rwM «tU£T pmrr. •M.SJt rot iTitrrr 'I fo< sntrr tAKS icam^TCi BAT o —^1200 AGENDA FOR COUNCIL MEETING SET FOR MONDAY, MARCH 24,2003,7:00 P M ORONO COUNCIL CHAMBERS, 2780 KELLEY PARIOVAY, ORONO, MINNESOTA A . (•) Asterisk items are considered to be routine items to be enacted upon by one motion by Uic City Counci under the Consent Item* on the agenda. Memos regarding each of the Agenda items are available in Uv Public Packet - located on the counter near the sign in sheet ROLL CALL CONSENT AGENDA I. Approvc/Amend 7:00 P.iM. 2. Assessment Hearing - North Arm Lane Paving Project ri lion ^0/VO1 .Adopt North Arm Lane Paving Project Assessment - Resolution 2.Accept Quototions for North Arm Lane Paving Project - Resolution APPROVAL OF MINUTES * 3. Regular Council March 10,2003 400 PARK COMMISSION COMMENTS - Irene Silber PLANNING COMMISSION COM.MENTS - J. Marc Fritzler PUBLIC COMMENTS — (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT * 4. #02-2864 Josephine Carpenter, 480 Russell Avenue-Variance-Resolution 5. #03-2874 Richard Kail, 3753 Casco Avenue - Vacation • 6. #03-2875 Sandra Ann Benson, 1376 Baidur Park Road - Variances - Resolution 7. #03-2879 Gary Hegenes, 2675 Shadywood Road - Variance - Resolution 8. #01-2714 Fred Puzak, 1340 Baidur Park Road— Review of Variance Conditions MAYOR/COUNCIL REPORT PUBLIC SERVICE DIRECTOR’S REPORT 9. Accept Quotes for Turn Signal at Willow Drive 10. Long Lake Water Interconnects 11 . Support of New Funding for Roads - ResoIuUon 12. Seasonal Employees for Golf Course cm' AD.MINISTRATOR'S REPORT 13. Pay Requests - Long Lake Fire Station 1600 14. Agreement for Fire Service with Excelsior Fire District 15. Park Commission Reappointments 16. Appointment of Part-Time Customer Service Assistant O AGENDA FOR COUNCIL MEETING SET FOR MONDAY, MARCH 24,2003,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA —200C CITY ATTORNEY'S REPORT 17. LICENSES Kennel License Renewals —^240C • 18. BILLS UPCOMING ISSUES AND EVENTS 2003 280C 03/24 _ Council Meeting, 7;00 p m. 04'07 - Park Commission Meeting 7; 15 p.m.a A iH<'u/-rarK commission Meeting' I I 04/14 -CouncilMeeting,7;00p.m. 04/21 - Planning Commission, 6;30 p.m. ,xor\r ” Board of Review, Wednesday, 7:00 p.m. OZUL 04/28 - Council Meeting, 7:00 p m. y / Application Complete: 60 Day Deadline: 2/20/03 4/21/03 REQUEST FOR COUNCIL ACTION Department Approval: Name: Jennifer Chaput Title: City Planner O' DATE: March 18.2003 ITEM NO. '7 Agenda Section: Zoning Item Description:#02-2864 Josephine Carpenter 480 Russell Avenue Variance Exhibits: A Resolution B Staff Report and exhibits of 3/17/03 Application Summary: 1 he applicant requests a variance to pennit construction of a 239 s.f, (11.9' x 20.1 ’) detached garage closer to the front property line than the principal residence. Pertinent Code Sections: 1. Section 10.03, Subd. 9(B) & (D): Accessory Building Location & Height: No detached garages or other accessory buildings shall be located nearer the front or street lot line than the principal building on that lot. No accessory building shall exceed the height of the principal building, nor shall it exceed 30* in height. (Request: 1 o permit a 408 s.f. detached garage closer to the front property line than the principal residence). PLANNING COMMISSION: Planning Commission recommended by a 5 to 0 vote to: l o approve the requested variance to construct a 239 s.f. (11.9’ x 20.1 ’) detached garage closer to the front property line than the principal residence, with the following conditions: 1. Building permit application must be made for residing of the existing detached garage at the same time application is made for the new detached garage; 2. I he canvas covered shed must be removed from the property prior to building pennit application since it is not a definable structure by building code: and 3. fhe two existing metal sheds exist without a building permit and must be removed from their current location on the lot prior to building permit application for the detached garage. To be conforming, the .sheds require relocation on the lot to a conforming location and building pemiit approval. .STAFF RECOMMENDATION: To approve the enclosed resolution € Ol'NCTL ACTION REQUESTED: To adopt or amend the enclosed resolution. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 9 (B) AND SECTION 10.03, SUBDIVISION 9 (D) FILE NO. 02-2864 WHEREAS, Josephine Carpenter (hereinafter "the applicant")is the owner of the property located at 480 Russell Avenue, within the City of Orono (hereinafter "the City") and legally described as follows: “Exhibit A” attached, Hennepin County, Minnesota, (hereinafter “the property"); and WHEREAS, the applicant has applied to the City for a variance from Municipal Zoning Code Section 10.03, Subdivision 9 (B) and Section 10.03, Subdivision 9 (D) to construct a 239 s.f. detached garage closer to the front property line than the principal residence, in the RR- 1B zoning district; 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 March 17,2003, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. 1 his application was reviewed as Zoning File #02-2864. 2. The property is located in the RR-1B Zoning District, where 2 acres is the minimum required lot area. The property consists of approximately 1.821 acres. 3. The Orono Planning Commission reviewed this application on March 17, 2003 and recommended approval by a vote of 5 to 0. 4. 1 he Planning Commission made the following findings of fact: Page 1 of 5 i 5. 6. A. The principal structure has existed on the lot since before t? 2 adoption of the current zoning ordinance; B. The principal structure oriented to face the private driveway on the west side of the property, not the street; C. The lot is oddly shaped; and D. The topography of the lot makes it difficult to locate accessory structures in the side or rear yard of the principal structure. The City Council finds that the conditions existing on this profierty are 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 applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application, including the findings and recommendations of the Planning Commission, reports by City Staff, comments by the applicant and the effect of the proposed variances on the health, safety and welfare of the communitv. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the abo\ e findings, the Orono City Council hereby grants variances Ifom Municipal Zoning Code Section 10.03. Subdivision 9 (B) and Section 10.03. Subdivision 9 (D) to construct a 239 s.f. detached garage closer to the front property line than the principal residence. Approval is subject to the following conditions: 1 Council approval is based on the site plan submitted by the applicant as attached to this resolution as Exhibit B. Any further amendments to the site plan may require further Planning Commission and City Council review. 2.Approval is subject to the following conditions: a) Building permit application must be made for residing of the existing detached garage at the same time application is made for the new detached garage; Page 2 of 5 i b) The canvas covered shed must be removed from the property prior to building permit application since it is not a definable structure by building code; and c) The two existing metal sheds exist without a building permit and must be removed from their current location on tlie lot prior to building permit application for the detached garage. To be conforming, the sheds require relocation on the lot to a conforming location and building permit approval. 3.Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or these variances will expire on that date (March 24,2004). 4.Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5.The undersigned applicant has read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City or Orono, Minnesota at a regular meeting held on the 24th day of March, 2003. AITEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner (s) Page 3 of 5 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 24th day of March, 2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corp>oration 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 March, 2003 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notarv' Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of ,2003, appeared before me. ____ who is personally known to me ____ whose identity I proved on the basis of j)ersonally whose identity I proved on the oath/afTirmation of, credible w itness .,a and who executed the foregoing instrument, and acknowledged that he/shc/they executed the same as his/her/their free act and deed.r Notary Public Page 4 of 5 k r i STATE OF MINNESOTA COUNTY OF HENNEPIN On this __day of appeared before me, ,2003,personally who is personally known to me whose identity I proved on the basis of whose identity I proved on the oath/affirmation of credible witness ..a and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public Pages of5 I J r 1^. •• V ■■ ■ ' ■; . ,: ■?' ; >■ , -. •■ V ‘V < I e Itu .i L e> DESCmP'M or suBJCCT PwnPFPTv (As supplied by dlsnt) (Par 1 and 2 - psr Csrllflcots of Tills No. 662661, Doted April 24th.1985) (Pot 3 - As supplied by client os shown on survey from Gordon R. Coffin, doted 8/20/64) ^-1* 15?"^ West of the East line of said Lot 3 ond 212.6 feet North of the South line of sold Lot 3; thence West porolld wIM the South line of soM Lot 3 o distance of 25.5 feet; thence Southeosterly 271.7 feet to o point on the South Une of sold^t 3 distant 47.05 feet West of point of beginning; thence East to point of beginning, occording to the plot thereof on fie or of record In the office of the Registrar of Titles In and for sold County. * * * ^ s'* 'Sl- ks;,.ESit“r^ ki*: ztss^ k. Par 2: Thot port of Lot 11, Auditor s Subdivision Number 307, Hennepin County, Minnesoto* described os follows: Beginn^g at the Southeost comer of Lot 8, said Auditor's Subdivision No. 307; thence East olong the extension of the '■®«? ® distonce of 46.6 feet; thence North porollel with the North and South*center line ^^ctim 2 ^*'9* ® distonce of 352.61 feet to o point hi the extension of the Northerly line of sold Lot 8* thence* extended Northerly line of distonce of 49.83 feet to the Northeast comer of sold Lot 8* thence South dong the Eost line of sold Lot 8, o distance of 310 feel to the point of beginning. ’ u. Auditors Subdivision No. 307, Hennepin County, Minnesota described os foltows: Begbinlng ot »e p^t of IntersMtion of the Northerly line of Lot 8, sold Audtor's Subdlvioion No. 307 with the North and South center line of Section Z Town^lp 117, Ronge 23; thence SouthwesteHy dong the Northerly line of sdd Lot 8 to the ongle point ne of said Lot; said point being 25.5 feet Eost of the most Westerly comer of sold Lot 8; thenceon the Northerly line _ ________________ ........ » Northwesterly 32.2 feet to o point 204.74 feet Southwesterly from the point ~of beglm^ N^M*st^y”204.% feetto the point of beginning. occording to the plot thereof on for sold County. file or of record in the offices of the Reglstror of Titles ond the Register of Deeds in and 3.’ port of Lot 10 in Auditors Subdivision Number 307, Hennepin County, Minnesota, described os fdlows: Begiming ot the SM^eost comer of Lot 8 In sold Auditor's Subdivision No. 307; thence West dong the South line of sold of Section 2. TowndJip 117?Ronge 23, thence South dong the North and South center line of sold Section 2 o distance of 114.3 feet to the ‘•?i * !" ““ ‘>’0"«o Cost dong the North line of said Lot 9 o distonce of 714.3*'telT to o“polnf in the «tmIi?irof1hI'l^l? Ihe Jr^id^Kt^^th^^ wJ!Tt*dlInrwW Application Received: Application Complete: 60 Day Deadline: 12/19/02 2/20/03 4/21/03 TO:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM: DATE: Jennifer Chaput, City Planner March 6,2003 SUBJECr://02-2864 Josephine Carpenter 480 Russell Avenue Variance — Public Hearing Zoning Dutrict: l^ot Area: RR-IB One Family Rural Residential (2 acre) 1.821 acres (79,344 s.f.) Application Summary: The applicant requests a variance to permit construction of a 408 s.f. (16.8’ x 24.4’) detached garage closer to the front property line than the principal residence. In August 2002, a 239 s.f. (20.1 ’ x 11.9’) garage burned down on the property and the applicant wishes to replace it in appro.<imately the same location and directly adjacent to a second nonconforming garage which was not destroyed. ExhibitH: A Analysis Worksheet Application Survev Proposed Elevations, Floor Plans and Section 'fopi.graphy Map Plat Map Property Owne. ’s List Permit Record Photos of Property n c D E F 0 II 1 U02 ‘2864 Josephine Carpenter S'i8/200S Page / of 4 Pertinent Code Sections: 1. Section 10.03, Subd. 9(B) & (D): Accessory Building Location & Height: No detached garages or other accessory buildings shall be located nearer the front or street lot line than the principal building on that lot. No acce.ssory building shall exceed the height of the principal building, nor shall it e.xceed 30' in height. (Request: To permit a 408 s.f. detached garage closer to the front property line than the principal residence). Discussion: The survey identifies the footprint of the demolished detached garage. The applicant proposes to rebuild the garage parallel to the existing garage, with 10' in between them, and with a larger footprint (408 s.f. compared to 239 s.f.). Front Setback The front of the lot is defined as that part which abuts the shortest dimension of a public street. Given the odd lot configuration, the shortest dimension on this lot abuts Dickenson Street. With Dickenson Street being the front lot line, the proposed detached garage is located in front of the principal structure. Side and Rear Setbacks Detached garages are required to be located 10' from the side and rear lot lines. The applicant proposes to locate the detached garage approximately 19' from the west side lot line (abutting Russell Avenue) and about 346’ from the rear lot line. Setback from other structures A 10' separation is required between structures on a lot. The applicant proposes to have a 10' separation between the new detached garage and the existing garage. I Icight The height of an accessory structure can not exceed the height of the principal structure. The height of the proposed structure is approximately 11 ’, not exceeding the height of the principal structure. l1i.stoiy: In 1965, a building permit was issued for a 20' x 12' detached garage. Prior to the destruction of the detached garage which is proposed to be rebuilt, two detached garages existed on the property. It was unclear from the information in the street file which of the two detached garages was permitted by the permit. From a review of aerial photographs from 1970, it appears that the garage which still exists on the property today was permitted by the building permit in 1965. Currently within this location, there are also two metal sheds and a canvas covered shed which are not show n on the survey and a detached garage in the process of being resided. A building permit application has not been made for residing the existing detached garage or for the other accessory structures. However, the detached garage did have a building permit to be constructed U02-2864 Josephine Carpenler 3/IS/200S Pa^e 2 of 4 r in this location in 1965. The remaining accessory structures are nonconforming. The canvas covered shed is not permitted by building code since it is not definable as a structure. The detached garages and sheds have been used by a friend of the owner's to store equipment for his business (snow plows in the summer and lawnmowers in the winter). This individual has since been informed that storing equipment for a home occupation on property he does not own is not permitted. He has rented a storage area in Spring Park and is in the process of moving his equipment from the property. The existing and proposed detached garages will be used for storage by the owner of the property. Hardship: The applicants have included their statement of hardship in Exhibit B. The applicants should also be asked for their testimony regarding this issue. Issues for Consideration: 1. The principal structure has existed on the lot since before the adoption of the current zoning ordinance; 2. The existing house is oriented on the lot to face the private driveway on the west side, not the street; 3. The lot is oddly shaped with 47.05 feet abutting a public road; 4. The topography of the lot makes it difficult to locate accessory structures in the side or rear yard of the principal structure; 5. 'I lie detached garage was non-conforming by location prior to its destruction by fire. It has been less than a year since it was completely destroyed; 6. The existing detached garage was granted a building permit in 1965. It is currently undergoing residing without a building permit; 7. The proposed garage is larger in area than the garage that was destroyed by fire; 8. There are no building permits on file for the remaining three accessoiy' structures on the lot. The canvas covered shed is not a permitted structure. The metal sheds located within the front yard of the lot are non-conforming; and 9. Other issues raised by the Planning Commission. Staff Recommendations: Staff recommends approval of the requested variance to permit construction of a 408 s.f. (16.8’ x 24.4 ’) detached garage closer to the front property line than the principal residence, with the following conditions: 1. Building permit application must be made for residing of the existing detached garage at the same time application is made for the new' detached garage; 2. The canvas covered shed must be removed from the property prior to building permit application since it is not a definable structure by building code; and 3. The two existing metal sheds exist w ithout a building permit -:id must be removed from their current location on the lot prior to building permit application for the detached garage. 1 o be conforming, the sheds require relocation on the lot to a conforming location and building permit approval. a02-2S6 ‘4 Josephine Carpenter 3/18/2003 Page 3 of 4 ANALYSIS WORKSHEET RR-IB Lot Requirements: ■k * • • • »• CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $250.00 (SSO.OO per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) AppUcatioD # Date Received Amount Paid PROPERTY INFORMATION Site Address /Hj^ Property Identification Number (P.l.D.) ^<^-1 K7- B | Attach legal description to application if not included on required survey. Date Property Acquired_________________________________ I (do)tf3o noD also own the adjacent parcels of land. Present use of property: V residentitJ ___pother (specify)________ 2U>ning District: \ O_____________________________ .(month/year) APPLICANT Name f Address! Phone (home)^^^P. *>4^7 _____ Ptone (work)4"r~^^ O — Zip:SS^\ OWNER (if different^an applicant) Name AAT^ ( Address: HtD */ Phone (home iPs'Z > ■' Phone (woTk yfJ^2 » City. pBAtnn Zip: SS&^ ) DESCRIPTION OF REQUEST------------------— —^-------- . Estimated Construction Cost $ / ' ' (attach additional sheets if necessary^ ^ VARIANCES REQUIRED Lot Area Lot Width Setback:Front Side Hardcover Rear Lot Coverage __ Average Lakeshore Other (specify) ---- IIARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: _______________________ (attach additional sheets if necessary) O O fy A" V. Zt V i K f REQUIRED SUBMITTALS AM of tht following information must be submitted hv th^ deadiinp sn order for your anpU cation to be conaidtred compl^tor wiit m 1. 2. 3. 4. 5. 6. X 7. 8. X X Completed Application Form Certified Property Owners List of owners within 150', labels and plat map (you Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy S'/i" x 11" for reproduction. Tof^graphic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy S'/," x II" for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy 8'/j" x 11"). 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) As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that vour yanantc app litation is not complete if the above information ha, nn> APPLICANT’S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Admimstrator, agrees to pay additional fees (staff time not covered by original fee payment) an^or consultant expenses incurred in review of this application, and cenifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's Signature Q 0. iu,., nKr r i Date I ^ /i OWNER’S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes 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 Xf t ^ \ ? pp ^ Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Pbnning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. ^ ..T -"Si /s ^ Vf • ^ S odMiikaaa /46.6c:)•1 L.3 ^ CAST OnOtSON ---i .or n€LM or tor • 95.00 I y >. I CD pern FNO IRON MON. r IRON RPE / N89®56'36''W 95.00 N UNE OF LOT 9. AUO. SUB. 307 NW COR OF LOT 9. AUO. SUB. 307 FNO IRON MON. r IRON PIPE 0.2N/0.3E \ \ciom UP ffF fttomr r ■i . ■ ■ p:¥»^1 SI ■i-i1.r’&.m ■ ' fiit and focio K -’- Ov etheod-dooi 2x6 - 2x4 Corner boards Front Elevotion i" » r 0" Scole I rH f""'« • .^ I \ >' i*’ A'- ' I#!-.,' s C) =i:iK 1 r Wm ■■ ■f T-.r ' so ) T I e* Floor Plon r - r 0* Scot* •iv-- /> r\■71 I I N / \ / N / \ / / I 4' >-J>V V " '.' z. •V >' -'i V- ^..:. J '■•;•■. L * f' '.hS ■iifK’ iiiiiiiii V/., , vfBtv A ■A.fe':’ V ^ ¥■ J* ^ 4lM#i »■ r r mS:\m ... iS« ).^3- ’Sr '•^!|'>i'.'i'l;'‘V.'.' "'‘iv ^ ■ •;» i:"' i rV • ?prkr--; •ic O j ” bolt to lock dow exterior woll 4" concrete floor w/ j " per foot slope to front overhead door for droinoge Sond 2 # 4 rerod in concrete on oil corners ond perimeter •1 p 'V. j'i ^u\\ /<>. v- "t V-iU ••■••• } \ V r" u‘^\C Concrete perimeter 1 *> y-4,^.' *. • ^ V* %* No Scale -fV^V-. >4; •♦■iv; r* r f ■ •If • I % Hennepin County Taxpayer Services Department I • •/ V ^SON ST V JlSli3 « .1294$ ^ » *SOI* •/''' * a(27) * ^(38) -----kl_ 10 $J 8 « t —1— • :: 0 4 a ^(37)lo'* _____^f zr a IS 1 * (36) -'-jl 0 r—a a •* ..^35) •'7 's sow1 (29) * a '** (33) 129 22 ^ a r^'oo V . 12 1 a If a 10 %a'.ii; *. • 3! . 7~t0i V . WOODiyiLL RIDGE OUTIOTC (12) * a \ 2ND AC DN ,ur?) J J > <^;2-//V- -23- t; «sL Parcel Information Parcel ID 0211723310003 House Number 400 Street Name RUSSILL AVI This Is not a legally recofded map. It represents a compilation oUntonnaUon and data (tom Oty. County, and State road authonties and other sources. >5 KUNOATC:2/l«2a>J 31 0211733130007 PROPAOOR 38 ADDRESS PENDING OWNERNAME WOODHILL COUNTRY CLUB TAXPAYER WOODHILL COUNTRY CLUB NAME/ADDR 200'cVOODHILL RD WAVZATAMN 55391 P HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 0211723310002 PROP ADDR 1230 DICKENSON ST OWNERNAME W W MCGUIRE A N M MCGUIRE TA3(PAYER W W MCGUIRE A N M MCGUIRE NAME/ADOR 1230 DICKENSON ST WAYZATAMN 55391 38 0211723310003 PROPAUDR 480 RUSSELL AVE OWNER NAME X)SEPHINE B CARPENTER TAXPAYER JOSEPHINE B CARPENTER NAME/ADDR BOX 659 (480 RUSSELL AVE) WAYZATAMN 55391 PACE; I 38 0211723310040 PROPAOOR 1205 DICKENSON ST OWNERNAME AMY L KLAERS A JOHN KLAERS TAXPAYER AMYL KLAERS A JOHN KLAERS NAME/ADOR 1203 DICKENSON ST WAYZATAMN 55391 38 02II7233I004I PROPAOOR 559 RUSSELL AVE OWNER NAME J P MCALPIN A M M MCALPIN TAXPAYER JOHN PA MICHELLE M MCALPIN NAMI-/ADDR 559 RUrSli’ AVE WAYZATAMN 55391 38 0211723310047 PROP ADDR 450 ORONO ORCI lARO RD S OWNERNAME KEVIN GARNETT TAXPAYER KEVIN GARNETT NAME/ADDR 601 CARLSON PKWY 8615 MINNETONKA MN 55305 38 0211723310048 PROP ADDR 1225 DICKENSON ST OWNERNAME B M YOUNG TRUSTEE W/L EST TAXPAYER FAYE ULKE NAME/ADDR 1225 DICKENSON ST WAYZATAMN 55391 38 0211723310050 PROP ADDR 290 WOODHILL RO OWNERNAME JOHN C A LOIS A OMALLEY TAXPAYER JOHN C A LOIS A OMALLEY NAME/ADOR 290 WOODHILL RO WAYZATAMN 55391 38 0211723410009 PROPAOOR 38 ADDRESS UNASSIGNEO OWNERNAME HENNEPINC'OREGIONALRRAUTH TAXPAYER HENNEPIN CO REGIONAL RR AUTH NAME/ADDR 417 5TH STN 8320 MINNEAPOLIS MN 55401 38 0211723420001 PROPAOOR 538 RUSSELL AVE OWNERNAME TIMOTHYWKNUTSON TAXPAYER TIMOTHY W KNUTSON NAME/ADOR 538 RUSSELL AVE WAYZATAMN 35391 38 0211723420011 PROP ADDR 38 /lODRESS UNASSIGNEO OWNERNAME CITY OF ORONO TAXPAYER CITY OF ORONO NAME/ADDR POBOX66 CRYSTAL BAY MN 55323 38 0211723420012 PROPAOOR 38 ADDRESS PENDING OWNERNAME WOODHILL COUNTRY CLUB TAXPAYER WOODHILL COUNTRY CLUB NAME/ADOR 200 WOODHILL RO WAYZATAMN 55391 38 0211723340014 PROPAOOR 38 ADDRESS UNASSIGNEO OWNERNAME HENNEPIN CO REGIONAL RR AUTH TAXPAYER HENNEPIN CO REGIONAL RR AUTH NAME/ADDR 4I7 5THSTN8320 MINNEAPOLIS MN 55401 JJ. O O ■H- 1 CERTIFY THATTHE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OFTHE HEWEPIN COUNTY TAXPAYER SERVICES DEPARTMENT. TO t: IE BEST, OF MY KNOWLEDGE AND BEUEF. BY \ • ‘4 y PERMIT RECORD ■(/SI) H Permit No.Date Type of Permit mo 7^7-/^- 6S* ^*,7O-7<0 /TidCH. V773 AsAjov^er 6? SCoC? '7//^L-^9-vS KiUcyfi ^a33 U ' 3-<r7 hi^v ^IQIJ ____ ‘7'Jl/-^-7 PjLbo. '~TKj *.. * A .4, . amrrn i X w IP*.:’^;i V ** *^••4'1 ' 115;ii»?> r ♦ /- MvV^ ■J HP ; ,'A1.4L, r .' ki i IC >S‘ - ri,/'- i • 4 J , . . . •¥ r% ' i iV . /i Al «». •‘V'-' fPCuJi- SiWTHlA/eef' • «i* V V ,?•. •.. >. UeCAflCKJ cp ?l^jpfC?>eiP pGlTCt+EO I V' fv* ' 7 "Vl- « ^ ^ • CMVP6 srteD 2< EiCignU6 a^<iejp^ cw tHg pieoc^s •jeuic. (JU^. 5 ; L ^ 1 v"&Si' 'Sf^'^' ' ■/ ' , V ^ . r,- V - ’'' " <4 « <.^' •» *‘fi I-'; } St ■'■■^ * I . • '"•ZSS t* t' -•' t'^f '■ rV ' ■f/ -‘i^ ! < X ' A ’■ c t Jn.^:. ^;'T_ •' . /A^iLniliBaH ^ I fr ■fc.. ■ # • >:; • ^ \ . < .a?. A T; M ??* V *j‘ % • . . ,. . .rr.- • ••: 'V" ''T •<•>'* - *-»wfFJ"rT'— vieiv ftot^ msseu f^i^c Cfmh\&'&<^') o ^ ..7^ -MW ■• ,nw:ii'!cr-;V''^ .cV :. ;/ f' T/ • ^ i Kfi- .r. ^;; mm r?It?« tr*'fi5»<i-f. ''5 li . =’4fc^*’.. .■^-. **. ■ ■ 4 1 I j *- ** c>_ _ '* *• ' . . ' y* > N^^CTd. OM ffne SOCW ^ TWC ?|2of€W C^Jt wu)(M<s pfemiTs om pilb) ■ * •'a»t' 'V i >.• •’r--':if^. -i *♦ ;■» ','v‘i r ■*! F Application Dale: 2/20/03 60 Day Deadline: 4/21/03 Department Approval: Name Wendy Bottenberg Title City Planner •••' a.'' REQUEST FOR COUNCIL ACTION ^ q< DATE: ITEM NO.: ^ AgcndaSeclion: Zoning Item Description: M)2>2874 Richard Kail 3753 Casco Avenue Vacation Zoning District: LR-IC One Family I^eshore Residential District (.5 acre) Exhibit: A Staff Report and Exhibits of2/19/2003 Application Summaiy: The applicant is seeking approval to vacate T of that portion of the unimproved dedicated alley adjacent to his properly. ITie alley was originally dedicated in the plat of Casco Heights in 1911. 'Hie alley is 14 ’ in width and 317.8 ’ in length. The applicant is proposing to vacate only the portion adjacent to his properly. Not the entire distance between Casco Avenue and Casco Point Road. Half of the alley (7’) would go to the applicant and the other 7’ would go to the neighbor to the east, 3721 Casco Avenue. Pertinent Code Sections: 1. Section 10.12 (process & standards for vacating streets and alleys) History of application: 1 he applicant, Mr. Kail, has another zoning application pending, application #03-2863. This application was heard by the Planning Commission at its February 19, 2003 meeting. The applicant is proposing to construct a new single family residence on the property located at 3753 Casco Avenue. Application #03-2863 is for two variances, lot area and lot coverage by structures. I'he proposed structure was above the allowed 15% lot coverage by structures for new construction. The Planning Commission approved the lot area variance, but denied the lot coverage by structures variance. The application was then heard by the City Council at its February 24, 2003 meeting. The City Council discussed two options to increase the size of the property in order for the proposed structure to meet the 15% lot coverage ordinance: vacating the adjacent alley or purchasing city owned land adjacent to the property. Vacating the adjacent alley is the direction the applicant wished to pursue. Application #02-2863 was tabled in order for the vacation application to be acted on. Neighborhood: •I ^ There have not been any vacations of alleys in the Casco Point area. There have been vacations, but only where the dedicated right of way was between the lake and the residence on the property. » * f u Neighbor to East: Staff has talked with the neighbors to the east, 3721 Casco Avenue, regarding .he vacation of the alley. They do not have any objections or issues regarding the vacation of the alley. Criteria for Vacation: Zoning Code Section 10.12 governs the vacation of streets, alleys and public grounds. In past vacation requests, the City has determined that vacation may be appropriate when: I. The vacation doses not affect access to or use of any adjoining property. 2.The City has not and does not intend to develop, improve or use the dedicated right-of-way as road except for utility purposes. 3. The unimproved dedicated right-of-way as it exists serves no public purpose. It is staff s opinion that these three conditions are not applicable to the segment of alley adjacent to the property. The Pi'.blic Works Director has been asked to review the proposed vacation. He stated the City should not vacate this alley. The alley is necessary for the following reasons: stormwater drainage management, possible future utilities and public access for the neighborhood to reach Lake Minnetonka. The Planning Director has been asked to review the proposed vacation. Ilis comments are attached as Exhibit H of the Planning Commission staff report. fhe gas, electric, telephone and cable t.v. utilities have been notified of this request. They have all responded and none of them have any concerns or issues with the vacation. PLANNING COMMISSION: Planning Commission recommended by a 5 to 0 vote to: Deny the application as presented for the following reasons: The unimproved right-of-way may someday be used for stormwater drainage mtuiagement, possible future utilities and public access for the neighborhood to reach Lake Minnetonka. STAFF RECOMMENDATION: Staff recommends denial of the vacation application as proposed by Richard Kail for the property located at 3753 Casco Avenue COUNCIL ACTION REQUESTED: Direct staff to draft a resolution refecting the Council's action fur adoption at the April 14, 2003 City Council meeting. i Ii 3 r 3 ro: FROM; DATE: SUBJECT: Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator Wendy Bottenberg, Zoning Administrator/Pianner March 12,2003 #03-2874 Richard Kail 3753 Casco Avenue Vacation of Lake Street > Public Hearing ^ * Y Zoning District: LR-IC Single Family Lakeshore Residential District, .5 Acre, sewered. Exhibits A Application B Site Plan/ Survey C Plat Map D Property Owner's List E Planning Director’s Comments Pertinent Ordinance: Section 10.12 Application Summaiy: The applicant is seeking approval to vacate T of that portion of the unimproved dedicated alley adjacent to his pioperty. The alley was originally dedicated in the plat of Casco Heights in 1911. Tlie alley is 14’is width and 317.8’in length. The applicant is proposing to vacate only the portion adjacent to his property. Not the entire distance between Casco Avenue and Casco Point Road. Half of the alley (7’) would go to the applicant and the other 7’ would go to the neighbor to the east, 3721 Casco Avenue. History of application: The applicant, Mr. Kail, has another zoning application pending, application #03-2863. This application was heard by the Planning Commission at its February 19,2003 meeting. The applicant is proposing to construct a new single family residence on the property located at 3753 Casco Avenue. Application #03-2863 is for two variances, lot area and lot coverage by structures. The proposed structure was above the allowed 15% lot coverage by structures for new construction. The Planning Commission approved the lot area variance, but denied the lot coverage by structures variance. I he application was then heard by the City Council at its February 24, 2003 meeting. The City Council discussed two options to increase the size of the property in order for the proposed structure to meet me 15% lot coverage ordinance; vacating the adjacen* alley or purchasing city owned land adjacent to the property. Vacating the adjacent alley is the direction the applicant wished to pursue. Application #02-2863 was tabled in order for the vacation application to be acted on. ti():-2M74 KwhardKml J7SS Casco Avenue t 'acation S'!2/0i Yiige ! of 2 w Ncighborhuod: There have not been any vacations of alleys in the Casco Point area. There have been vacations, but only where the dedicated right of way was between the lake and the residence on the property (i.e. I.ake Shore Avenue). (Exhibit C). Neighbor to East: Staff has talked with the neighbors to the east, 3721 Casco Avenue, regarding the vacation of the alley. They do not have any objections or issues regarding the vacation of the alley. Criteria for Vacation: Zoning Code Section 10.12 governs the vacation of streets, alleys and public grounds. In past vacation requests, the City has determined that vacation may be appropriate when: 1. 2. The vacation doses not affect access to or use of any adjoining property. The City has not and does not intend to develop, improve or use the dedicated right-of-way as road except for utility purposes. j.The unimproved dedicated right-of-way as it exists serves no public purpose. It is staffs opinion that these three conditions are not applicable to the segment of alley adjacent to the property. The Public Works Director has been asked to review the proposed vacation. He stated the City should not vacate this alley. The alley is necessary for the following reasons: stormwater drainage management, possible future utilities and public access for the neighborhood to reach Lake Mimietonka The Planning Director has been asked to review the proposed vacation. His comments are attached as Exhibit E. I'he gas, electric, telephone and cable t.v. utilities have been notified of this request. They have all responded and none of them have any concerns or issues with the vacation. Staff Recommendation Staff recommends denial of the vacation application as proposed by Richard Kail for the property located at 3753 Casco Avenue. m-2S74 Richard Kail i7S3 Casco Avtuuc yc:atiun 3/12/03 Pa^e 2 of 2 A Application H 63~ Da(«^ Received 3- -af?y Amount Paid . CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address 37S3 Type of Application to be Filed Property Identification Number (P.I.D.) AttCKf APPLICANT , J Jy r. Phone (home) ^ ^______ Phone (work) ■» OWNER (if different than applicant) Name Address City Phone (home), _ Phone (woric)_ Zip. Date Property Acquired 0^6 2. I (do) (do not) also own the adjacent parcels of land.(month/year) FEES • CONDITIONAL USE PERMITS - --------S 75.00 For each variance request with CUP application _____$250.00 Residential Accessory Use _____$250.00 Institutional (church, school, etc.) _____$250.00 Guest Huuse/Guest Apartments _____$250.00 Duplex Credit/Bldg _____$325.00 Commercial/Industrial Use _____$250.00 Land Alterat. n Grading and filling - designated wetland or floodplain -------Grading and filling - 501 cu. yd. or more Giading, seawall, retaining walls within 75* of lakeshore PRD/PID - see Fee Schedule $150.00 Renewal Fee (no change from original application) After-the-Fact Fee - Double Current Application Fee OTHER APPLICAiTONS --------S275.00 Commercial Site Plan Review (+ consultant fees) X $300.00 Vacation _____$250.00 Easement Vacation _____SI00.00 Easement Vacation With Subdivision --------S350.00 Rezoning (PUD - refer to fee schedule) _____S375.00 Comprehensive Plan Amendment _____$100.00 Appeals Other - see Fee Schedule ^ ^ fJ M /.• i r i REQUIRED SUBMITTALS Completed Application Form. Describe request in detail. Certified Property Owmers List of owners within 350*, labels and plat map (you and map from Hennepin County Department of Finance A-603, Government Center. 348-327IV ’ 2. 3. 4. 5. 6. ----------f sj * A-603, Government Center, 348-3271). 7. 8. 9. . Attach legal description to application if not included on required survey ■ Sto'.le^S: (pS® Constniction plan, if applicable (see staff for requirements). As Bn BddcndlllTI tn thlC■ a<*‘*cnd‘m to this application, please attach a separate list of any other persons you wish notified of this application. ^ SURMITTirn /c.I^ n . onriAi^LisK; I-UK ALL DOCUMENTS fubrnmH) “f pl»ns, etc. .0 be Property Owner must sign this application.. Please remember that vour pplication IS not complete if the above information has not been included. ^ ---------------—------------------------ JJatc APPLICANT’S SIGNATURE^sr S2 S'- •issts. “rr s Applicant’s signature ilMyA/Jy _________Date Zl-13^ OWER’S SIGNATURE Jn,l°Zo Ii,?t™relr'b ' r? “■* f'«0">ble members for nu^^c !^r consullanis, agenis, commission members, and Councilmembers for purposes of investiga^n and verification of this request. Owner’s signature f Date Applicant must have all submittals into the City offices 7% iJr oi ••• Planning Commission Meetings are held on the tWrrf Mntui before the Planning Commission Meeting, schriuled ,ir„ PI. “I "'b, "»"* *PPli«>r. .masr be present scheduled tnceting, please make arraneements to hav^ • k tppljcant is unable to attend a Building Zoning Office of this change prior to tl e meeting*** ^ .1 . ' • • V y !l L SURVEY FC RICHAWP KAIL 1 6390:. J1 627/J9 •atoiu«iMOtoN,Me.^(122-99) AOOMit 37M C««eo Avtnu* Orono, MN S5j9i HARO COVIR TOTAL AREA « 173SI Ki.ft. 0.40 Aer«t C Al S C 391 •q.r PROPOSED HOUSE - 2631 tq-n. PROPOSED ORIVEWAY • 1993 «».«. TOTAL HARO COVER - 24.6* 0 8iTUyiN0uS ROAO cony RISER AVENUE 9»A I •EAST 100.00 A t "COCC BIT HARO COVER FOR LOT TO PROPOSED MOUSE LOT - 17351 iq.ft 0.40 Aert» PROPOSED MOUSE - 2631 tq.fl. (931 7). 951 7| ■(957 9) ■aa7« TOTAL COVERAGE - 19.1R I kM m 50 TO 9C RCi'O-.CDl >1 itHCMMARK Top of Iron monumont ot shown ElsvotJon • 957.21 (NGVD-1029) OIMDIAL NOnS 1. m n LC1 ■'954 4] •^50 2 'HSi TREE LEQENO Numbif following obbftvlotlon dsnotts tiUmoltd dt: nstsr u% •n mchtf. thftt ftst obovs ground Ifvsl. Tht tseord numbsr (If ony) dsnotts tht numbtf o^ trunks at thot location n dsnotts o dtod trst). Numbsr foUc*lng thiubi dsnotts lt*s diomstsf b fsft Dsnotts dsclduous trst. M Dsnotts Mo^;« Eiomplf! X#'•'■U Ortsntotlon of ths btorings ussd for this •urvty Is bostd on on ossumsd dotum 2. • - Dsnotts iron monumtnt. 3. S09O.O * Dsnotts sxisting spot sltvotion. 4. >(890.0) - DqnotM prepottd tpot •!««otien LOT II 5. 6. 7. 8. 9. 10. 11. 12. 12. tnsT4.: :oMC SAAd TC 6£ Rcuov*:: *“ Dsnotts dlrsctlon of surfocs droinogt. Propottd gofogt floor « 954.7 Propostd top of foundotlon - 955.0 Propottd bossmsnt floor • 944.0 Houst It 0 Wolkout Dots of lost fitid turvty: 12/17/02 *(890.0)CP - Dsnotts criUcd point elevation. 179.0 otss Cosco Hslghto plot 178,57 (M) Dsnotts Field msosursmsnt ^lOOC 8P8CIAL NOTE ^ ''•corded plot of CAS HEIGHTS art shown on this turvt# mop, unless Othtrw*ts noted. Tht survey upon' which this mop ta bostd VOS pt formed without benefit of either on ottomsy s tiUe opinion or o tlUs commltmsn OffCRy TfOP Lots 7 A 0. C*ock 4. Cosco Heights. Hennepin Comty. Minnesoto. G“ 20 t37«. (W» «).| LOT 8 LOT 7 I “ill OrotHng ha« bf«n ehqchqd ond I rfj^wtd this qoy q/ 66.1: N 84*J6’24f)H9je’i) I hereby certify thot this survey wos prepo^^cd under mv fuptryltion ond thot I om a Ucerstd Lond ^n^rveyor under yflttvlowt of the State of Minnesoto./fRbvIowt of the Stole Doll; /ii /fj zees JilA^cG *oA License No. 18883 >femi|pin County Taxpayer Servit^s^peji^^Bi• i /?'2.0- ni' v' ,. v’ v:, .•■•'■■ ,, • • • 1 -------------------------------------------------------------------------------------:--------------— Parcel Information ’ * * * •.* % • •1 1 Parcel ID 2011723310009. ■ .rA^v’^ House Number 3753 Street Name CASCO Avi ■ 7/113 ^ noi a legaMy racofded map. tt represents a cornpilaUpn of MormaU^ arxfdata^om Ofy, County, erni State road authorities and other sources. - ,4.. 20-1 1 7-23 24 0005 J. H. Kadlec & P. L. Bernhardt 2726 Caroline Ave. yzata, MN 55391 20-117-23 24 0010 Lance L. and Rhoda L. Vicknair 2740 Ethel Ave. Wayzata, MN 55391 20-117-23 24 0015 Robert & Linnea Boyd 2725 Ethel Ave. Wayzata, MN 55391 20-117-23 24 0018 Donna L. Lile 2765 Ethel Ave. Wayzata, MN 55391 20-117-23 24 0040 John W. & Joyce Hamblet 2720 Ethel Ave. Wayzata, MN 55391 -. 117-23 31 0003 Jill R. Fuglesten Williain H. Koch II 3730 Casco Ave. Vi'ayzata, MN 55391 20-117-23 31 0009 Richard L. Kail >866 Sunset Dr. Spring Park, MN 55384 "0-117-23 31 0020 ."cany J. Saiki 2874 Casco Point Rd. Wayzata. MN 55391 .’0-117-23 31 0040 'atnes W. & Patricia Dongoske 700 Casco Ave. Wayzata, MN 55391 ■ 17-23 31 0057 .osemary Iverson 2S35 Casco Point Rd. Wayzata, MN 55391 A/ 20-117-23 24 0007 T. Rejzer & L. Rejzer 2715 Caroline Ave. Wayzata. MN 55391 20-117-23 24 0013 Julia S. Jensen 2700 Ethel Ave. Wayzata. MN 55391 20-117-23 24 0016 Benjamin R. & Lisa A Jensen 2745 Ethel Ave. Wayzata, MN 55391 20-117-23 24 0019 Dale A. Christensen 2750 Casco Point Rd. Wayzata, MN 55391 20-117-23 24 0041 Charles & Susan Percival 2732 Caroline Ave. Wayzata, MN 55391 20-117-23 31 0004 John F. Klick 3703 Casco Ave, Wayzata, MN 55391 20-117-23 31 0010 • Bruce D. Madden 3759 Casco Ave. Wayzata, MN 55391 20-117-23 31 0023 Penny J. Saike 2874 Casco Point Rd. Wayzata, MN 55391 20-117-23 31 0054 Lawrence D. & Katherine Elsen 2879 Casco Point Rd. Wayzata, MN 55391 20-117-23 31 0058 D R Welty & M M Jin 3721 Casco Ave. Wayzata, MN 55391 IS 20-117-23 24 0008 Donald J. and Dawn R. Hebig 2735 Caroline Ave. Wayzata, MN 55391 20-117-23 24 0014 Lawrence D. Pillar 6827 Cardinal Cove Cr. Mound, MN 55364 20-117-23 24 0017 Michael D. Rutherford 2755 Ethel Ave. Wayzata, MN 55391 20-117-23 24 0020 Dale A. Chrisvensen 2750 Casco Point Rd. Wayzata, MN 55391 20-117-23 31 0002 Roy Schrader 3704 Casco Ave. Wayzata, MN 55391 20-117-23 31 0005 Robert Presler 3709 Casco Ave. Wayzata, MN 55391 20-117-23 31 0011 Dean V. Greimann 3779 Casco Ave. Wayzata, MN 55391 20-117-23 31 0029 Roy Schrader 3704 Casco Ave. Wayzata, MN 55391 20-117-23 31 0056 R E. Wolfe 2871 Casco Point Rd, Wayzata, MN 55391 20 117-23 31 0062 Scott & Janet Rosstedt 2740 Caroline Ave. Wayzata, MN 55391 20-117-23 31 0066 Dean V. Greimann 3779 Casco Avc. Wayzata, MN 55391 20-117-23 32 0006 Mark E. & Patricia A. Thompson 2824 Casco Point Rd. Wayzata, MN J5391 20-117-23 32 0009 Ronald & Margaret Demshar 2821 Casco Point Rd. Wayzata, MN 55391 20-117-23 310067 Charles & Lucy Nelson 2868 Casco Point Rd. Wayzata, MN 55391 20-117*23 32 0007 Bryce E Peterson and Mary Pat Peterson 2829 Casco Point Rd. Wayzata, MN 55391 20-117-23 32 0017 Tanuny L. Woodis 2818 Casco Point Rd. Wayzata, MN 55391 20-117-23 31 0071 Marti Lynn 3750 Casco Ave. Wayzata, MN 55391 20-117-23 32 0008 David J. Yorks 2825 Casco Point Rd. Wayzata, MN 55391 20-117-23 32 0021 Rosemary C. Iversen 2835 Casco Point Rd. Wayzata, MN 55391 r To: From: Date: Wendy Bottenberg, City Planner Chair Smith and Planning Commissioners, Mike GafTron, Planning Director March 11,2003 2. 3. Subject: Proposed Vacation of Alley Adjacent to 3753 Casco Avenue Mr. Kail has requested that the 14' alley located between his property and the adjacent property at 3721 Casco Avenue be vacated. The apparent purpose of the vacation is to gain land as credit toward th.j 15% lot coverage allowance, to allow construction of a larger residence. This alley was dedicated in the plat of Casco Heights in 1911. The alley was dedicated for the public use, and while it may hav? seen minimal public use in the past, certain aspects of its location suggest potentially greater use in the future: 1. The alley provides a 14' wide continuous straight corridor between Casco Avenue and Casco Point Road. It provides a potential pedestrian connection from the Casco Avenue / Caroline Avenue / Ethel Avenue neighborhood to the City beach at Carman Avenue. While a portion of the alley south of the Kail site may be wetland, the possibility for use of the alley in the future via a walkway tluough the wetlands, or for cross-country skiing and snowshoeing access to the Lake via the beach in the winter, should not be minimized. 1 he property adjacent to the alley directly behind the Kail site is City-owned undeveloped land, used for stormwater drainage purposes. We cannot predict the value of this alley as a corridor for future stonnwater needs, but we shouldn ’t eliminate any possibilities. Likewise, as City land, the area behind Kail may have potential park uses that arc currently not on the radar screen, and this alley provides potential access for such use. P^t utility use of the alley may be minimal. However, we cannot predict the need for future utility use of the corridor, and because it connects two main residential streets, there are likely possible future uses for public utilities (such as sewer & water, gas, telephone, electric, cable TV, or other communications needs) that we cannot now envision. 1 he City Council in recent years has expressed a strong awareness of the value of public access to the lake. 1 his corridor has potential to provide connectivity between an off-lake neighborhood and the lake. In recent years the Council has expressed a general reluctance to vacate public rights-of- way that are in use, especially in Orono ’s defined Urban Area (the 'Z,- acre and I-acre zones, including Casco Point). While this alley may have had minimal use in the past, it has significant potential fc future public use. I would refer you to the attached excerpts from Orono ’s 2000-2020 Coinnuir.it) Management Plan, Pages 4A-32 & 4A-33 regarding preservation of lake access, which has applicability even though this alley does not directly abut the lake. Vacation of this alley would in my opinion not be in the best interests of the City. 4. 5. / r CMP Part 4A# Trapsportatlon Plan LAKE ACCESS PRESERyATIOS AND MANAGFMFNr With more than 40 miles of Lake Minnetonka shoreline and nearly 5 miles of additional lake shorelines, Orono ’s lakes provide a significant recreational resource for all Orono residents, not just for those who own property abutting the lakes. This value was long ago realized by the City fathers, as well as by early land developers. In order to provide lake access for the general public, as well as to provide for fire department access to the lake as a water source, a number of lake access corridors were created as the shoreland developed. These typically are platted, dedicated right-of- ways leading from the local road system to the shoreline, and are commonly from 16' to 66' in width. The historic level of use of these right-of-ways (sometimes referred to as “fire lanes" or “lake access roads") ranges from minimal to year-* ■'und. Certain of these corridors have been maintained by the City for local swimming beaches or as winter snowmobile and ice-fishing accesses. Certain acces.ses are provided with docks for fishing, and some have ramp areas suitable ibr launching a small boat. However, most do not have designated parking available, and are primarily intended to serve the neighborhood rather than the general public. A number of these access corridors liave steep topography and experience a relatively low level of usage. The value of these corridon to the general public both now and in the future is too great to be measured. While an access corridor or fire lane may appear to an adjacent landowner as abandoned, there may well be a future public need for that corridor that may not be obvious today. The Minnesota Supreme Court in 1944 (Application of Baldwin, et al No. 33721 for vacation of a platted dedicated lake access road) upheld the value of retaining the public’s right to access the lake. In an excerpt from the findings of the Court: '' I’hls court requires no proof that Lake Minnetonka is a priceless heritage of the people of Minnesota, to be preu-v.-a and passed on to posterity. Judicial notice wit! be taken of the fact that it is one of the most precious ft nets 1.1 the string of Ten Thousand Lakes of which Minnesota is so Justly proud... Because of its wide expanse ohtf proximity to our metropoiitan areas, it is much frequented ana used for boating, fishing, picnicking and bathing ■ perhaps more than any other lake in the stale, its shore line of nearly 100 miles Is dotted with peimanent homes and summer cottages, not only at its waters edge, but extending far back from the shore. But the use of the take is not confined to dwellers on its shore or nearby. During the summer season especially. It is upon thousands of urbanites, not so fortunate as to possess a lake home, who -young and oldalue - seek its shores and waters for diverse recreational purposes. To those who do not indulge in active re-creation, it affords the opportunity of communing with nature at its best iilth the increase in the permanent City of Orono Cominunily Management Plan Scpicaiber 2000 Page 4A-32 C2ff^*rt^A^TrtMgortalion_PI^ lake population, however, the extent of lakeshore available to the public generally and the means ofpublic access to the lake have diminished and therefore become Increasingly valuable from year toyear...we must not forget that the public Includes persons other than those in the Immediate vicinity. The general public has a true concern In the recreationalfacilities offered by the lakes which nature has so freely given us In titls state. Their generous sharing by all will make for a heaJJilerpnd happier people. The many not fortunate enough to be able to acquire the advantages of ownership of lake shore properties should not be deprived of these benefits. This we would do ^ we permitted streets leading to the lakeshore to be vacated... "The toss to the public of 1 50 feet of shoreline out of a total of approximately tOO miles may to the Baldwins seem buonsequentiat or even Infinitesimal and nothing to be disturbed about But, of this 100 miles ofprecious shordine, onfy a small fraction has been -^served for the pubUe; and ^Ike courts should creole a precedent by permitting a single Inroad, however smclf. upon the public’s share of the shoreline, other Inroads will Inevitably follow, until tke aggregate becomes a realthremi-o the p>:bti^’s free acssft to the take. To avoid any possibility of suck a result, tke courts skould with equal vigor repulse tke first, tke second, and every other assault upon the public domain." Less than 1% of Orono’s lake shoreline h<« h^en dedicated as public access corridors. Nearly all the rest is privately owned, and not available to the public for lake access purposes, save for *he DNR Maxwell Bay Access, Hennepin County’s North Arm Access and the City ’s Summit Park on Long Lake. Hennepin County’s Noerenberg Gardens Memorial Park, while abutting Lake Minnetonka, has deed restrictions lliai disallow use for docking or launching boats. With shorciaiid abuttino a dozen separate bays in Lake Minnetonka, Orono has a commitmeni io maintaining access via the dedicated access corridors. Lake Access Policies It is the City ’s intent to permanently retain for puhhc use all existing lake access corridors and ftre lanes, regardless of the current level of use or maintenance. To this end, the City will follow these policies: 1.Requests for vacation of dedicated lake access right-of-ways will be denied in all cases except where equal or better lake access will be granted nearby in return. 2.Tlic City will identify and take necessary action to preserve the public’s right to use of any such accesses which exist but which may not have been formally dedicated. 3.I hc City will endeavor to work with property owners adjacent to lake access conidors to ensure that both uie rights of the public and the rights of the private landowner are upheld. Orono’s lake accesses are enumerated in Table 4A-6. City of Orono Community Minagemrni Plan September 2000 Page 4A-13 r*. -Hen^jnCoi^T^payer '1*4 i Li O o 26>-//"7- *23 — / \,....y j Parcel Information .’^fi 1 i 1 -C4^ * % • Parcel ID 2011723310009. ‘ House Number 3753 ' * : ! Street Name CASCO AVE ' TNs ft forded map. It represents • compgalion ofMdrmetioh'ii ■ Bad oats from Oty. Comfy. mdSMe road suthoritms and olhar sources V‘ i j « « A f Application Complete: 60 Day Deadline: 2/20/03 4/21/03 REQUEST FOR COUNCIL ACTION Department Approval: Name: Jennifer C^iaput Title: City Planner O' ^ DATE: March 18,2003 ITEM NO. 6- Agenda Section: Zoning Item DescriptioD:#03-2875 Sandra Ann Benson 1376 Baldur Park Road Variances Exhibits: A Resolution B Staff Report and exhibits of 3/17/03 Application Summary: The applicant requests the following variances to reconstruct and expand the roof of an existing principal structure and replace windows and doors on the second story: 1. Expand portion of principal structure located 25.1’ from the Oi 1WL of Lake Minnetonka where 75 ’ is required; 2. A side yard setback of 6.6’ where 10' is required; and 3. A 48.7' encroachment into the average lakeshorc setback. ______ Pertinent Code Sections: 1. Section 10.22, Subd. 2 and Section 10.56, Subd. 16(CK1): Sii uctuiH: within 75’: Structures shall be set back a minimum of 75' from the OHWL of Lake Minnetonka (929.4'). (Request: fo allow expansion of the principal .structure located 25.1’ from the OHWL of Lake Minnetonka where 75 ’ is required). 2. Section 10.25, Subd. 6 (B): Yard Requirements: The following minimum requirements shall be observed: side yard 10 feet. (Request: To allow a side yard setback of 6.6’ where 10' is required). 3. Section 10.22, Subd. 1 (B) and Section 10.56, Subd. 16 (C)(6): Average Lakeshore Setback: The average lakeshore setback line shall be a straight line cotmecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshorc lots. (Request: To allow a 48.7’ encroachment into the a\erage lakeshore setback). PLANNING COMIVUSSION: Planning Commission recommended by a 5 to 0 vote as follows: Approv al of the requested variances to reconstruct and expand the roof of the existing principal structure with the follow ing conditions: 1. Due to substandard setback of the principal residence from the OHW’L, the applicant must develop an appropriate landscape plan for the lakeside of the residence to mitigate the visual impact of the structure as it is viewed from the lake; and 2. If structural removals exceed what is shown on the proposed plans, further review by the Planning Commission and City Council will be required. STAFF RECOMMENDATION: To approve the enclosed resolution. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed resolution A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2; SECTION 10.56, SUBDIVISION 16 (C)(1); SECTION 10.25, SUBDIVISION 6 (B); SECTION 10.22, SUBDIVISION 1 (B); AND SECTION 10.56, SUBDIVISION 16 (C)(6) FILE NO. 03-2875 WHEREAS, Sandra Ann Benson (hereinafler "the applicant")is the owner of the property located at 1376 Baldur Park Road, within the City of Orono (hereinafter "the City") and legally described as follows: Lot 20 and that part of Lot 21 lying northeasterly of a line running from a point in the northwesterly line thereof distant 23 feci southwesterly from the most northerly meander corner thereof to a point in the southeasterly line of said Lot distant 66.5 feet southwesterly from the most easterly meander corner thereof, Baldur Park, Hennepin County, Minnesota, (hereinafter "the property"); and WHEREAS, tlie applicant has applied to the City for a variance from Municipal Zoning Code Section 10.22, Subdivision 2; Section 10.56, Subdivision 16 (C)(1); Section 10.25, Subdivision 6(B); Section 10.22, Subdivision 1(B); and Section 10.56, Subdivision 16 (C)(6) to reconstruct and expand the roof of an existing principal structure and, replace window s and doors on the second story, in the LR-IC zoning district; 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 March 17,2003, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #03-2875. Page 1 of 5 2. 3. 5. 6. The property is located in the LR-IC Zoning District, where 0.5 acres is the minimum required lot area. The property consists of approximately 0.27 acres. The Orono Planning Commission reviewed this application on March 17, 2003 and recommended approval by a vote of 5 to 0. 4. The Planning Commission made the following findings of fact: A. The original structure has been located within this footprint since 1959; B. The property is unique in that ii has lakeshore on the front and rear and almost all of the lot falls within the required 75 ’ structure setback from the OHWL; C. The application does not propose to increase the footprint of the structure, change the existing setbacks or change the existing hardcover; and D. Additional vegetative screening along the lake side of the residence will help to mitigate Ih: visual impacts of the added height of the structure adjacent to the lake. 1 he City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances will not adversely affect traffic conditions, light, air. nor pose a fire hazard or other danger to neighboring property; would not merely ser\e as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. fhe City Council has considered this appli-ation, including the findings and recommendations of the Planning Commission, reports by City Staff, comments by the applicant and the effect of the proposed variances 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 from Municipal Zoning Code Section 10.22. Subdivision 2; Section 10.56, Subdivision 16(C)(1); Section 10.25, Subdivision 6(B); Section 10.22, Subdivision 1(B); and Section 10.56. Subdivision 16(C)(6) Page 2 of 5 to reconstruct and expand the roof of an existing principal structure and replace windo^\'s and doors 0.1 the second story. Approval is subject to the following conditions: 1. Council approval is based on the site plan and building construction plans submitted by the applicant as attached to this resolution as Exhibit A. Any further amendments to the site plan may require further Planning Commission and City Council review. 2. Approval is subject to the following conditions: a) Due to substandard setback of the principal residence from the OHWL, the applicant must provide the following landscaping on the lakeside of the residence to mitigate the visual impact of the structure as it is viewed from the lake: 1. Two hardwood trees of the applicant's choice, located between the shoreline and the deck, at approximately the eastern corner of the existing deck and 20’ from the property line on the northwest comer of propert>'; and 2. Replace the existing hedge, located in front of the deck stairway, with a more substantial hedge. b) If structural removals exceed what is shown on the proposed plans, further review by the Planning Commission and City Council will be required. 3. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit w ithin one year of the date of Council approval, or these variances w ill expire on that date (March 24. 2004). 4 . Violation of or non-compliance w ith any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. 1 he undersigned applicant has 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 Adopted by the City Council of the City or Orono, Minnesota at a regular meeting held on the 24th day of March, 2003. ATTEST: Linda S. Vee, City Clerk Property Owner (s) Barbara A. Peterson, Mayor STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 24th day of March, 2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was e.\ecuted on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this___ 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. day of March, 2003 Notary Public Page 4 of 5 STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of ,2003,.personally appeared before me, ____ who is personally known to me ____ whose identity I proved on the basis of whose identity I proved on the oath/affirmation of credible witness ..a and who executed the foregoing instrument, and acknowledged that hc/she/they executed the same as his/her/their free act and deed. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this__day of appeared before me. , 2003,.personally who is personally known to me whose identity 1 proved on the basis of whose identity I proved on the oath/affirmation of credible witness -.a and who executed the foregoing instrument and acknowledged that he/shc/they executed the same as his/her/their free act and deed. Notary Public Pages of 5 r' 7 9}tm VWmi BENSON.SANDY ADVANCE SURVEYING A ENGINEERING CO. 5)MS H«»y.No. 101 MkmcliaU.MNSSMS hM(f52|474 T904 Fm (9521474 1247 swvE> FOE: SANDY BENSON SUQVEVfcD FrOntary. 2005 HE VISED. 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Ifdrtaaaeeitokny toaoa«ditofdni)oa woaMNhototoavie.h to laNtohlf to go to eoan aad htie a jadie rale 00 dto BNtoci. hal hhc ad kpl pmodtoft. dale told wttoMhr taiol^cd STANPAdr SYMBOLS A CONVENTIONS *#• Ocaoica 1/2“ ID om «iiih idaatic rtoa hcaIDpyeaiihplaaiaplMgheartof Sme LkeateNaiiihCT 0255. art oaktootoeratoeaoled / CEATinCAyON y ^ IMci) c^if) dial ihtiiunry waaFitparadhyaiioraodCf to) dtoeeHagcntobaiaadilltolMaa ^ EagwtoCT aafcf^fey wool Sarve^oadcr Ike Uwa of toe Stole of Mtoaiaoto. \ \ Gluywc tCALI DWCK& dlMf < X >{• rROPOSeO LAtXStOe elevation rOR 137C DALOUR rARA ROAD I/a* - r-o* ; ) f! • V) /' V i) •r;. J Vo ''s. t A X X 41 0^ il^V .v.t,v.;«^ ■ -^. •>. y '»/. :v;.. V f;' V,*-' ' ■ ' : ■ t" ■ rRoroseo end elevation roK i37c balour pakk . road 1/6* - I’-O’ m tri-v * >1v^,ft L.. 5 U^J*v. Al ■< < 2l PROPOSED PLOOR PtA»J POR 137C DALOUR PARR ROAD I/a* - r-o* 10 fr r V. h‘ Vf '•Vs r^ i. ^ J. ”• < w ± PROPOSED ROOT PLAN POR 137C BALDUR PARJ^ ROAD I/a* - r-o* . ’ " A • ■ : •) >/; ,y K. /•• ■ 'A f • ; '■}) .v,..y )■ •.»i!>,C i Pertinent Code Sections: 1. Section 10.22, Subd. 2 and Section 10.56, Subd. 16(C)(1): Structure within 75’: Structures shall be set back a minimum of 75’ from the OHWLof Lake Minnetonka (929.4 ’). (Request: To allow expansion of the principal structure located 25.1 ’ from the OHWL of Lake Minnetonka where 75’ is required). 2. Section 10.25, Subd. 6 (B): Yard Requirements: The following minimum requirements shall be observed: side yard 10 feet. (Request: To allow a side yard setback of 6.6’ where 10 ’ is required). 3.Section 10.22, Subd. 1 (B) and Section 10.56, Subd. 16 (C)(6): Average Lakeshore Setback: The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. (Request: To allow a 48.7 ’ encroachment into the average lakeshore setback). Discussion: 1. Structure setback from the OtlWL The existing structure is located 17.2 ’ (at the second story deck) from the OHWL of Lake Minnetonka w here 75’ is required. However, the proposed roof expansion and reconstruction is located 25.1 ’ (at the house footprint) from the OHWL. The structure is not proposed to be closer to the OHWL than it exists. However, the proposed overhangs do encroach into an already substandard setback. This encroachment changes the proposed roof expansion from 25.1' to 23.6’ from the OHWL. 2. Structure setback from the side yard The existing structure is located 6.6’ from the side lot line to the east where 10 ’ is required. The structure is not proposed to be located closer to the side lot line than it exists. The applicant proposes I ’ overhangs along this side of the new roof. With the 1 ’ o\ erhang encroachment, the proposed roof expansion will be located 5.6’ from the side lot line (a difference of approximately 2"). 1 he proposed overhangs are not considered to be part of structure or hardcover. 3. Average lakeshore setback There is one home located to the southeast of the property (1384 Baldur Park Road) and vacant lots to the west. Since there is only one adjacent neighboring lakeshore home, the average lakeshore setback is calculated according to the setback of the adjacent residence from the OHWL. 'I he house to the east is located 65.9’ from the OHWL. The applicants’ structure (including second story deck) encroaches 48.7 ’ into the average lakeshore setback. Views front the neighboring property to the east are not obstructed by the proposed tt03-28~S Sandra Ann Benson 3'18/2003 Page 2 of 3 pr f increase in roof height. That house does not look across the property in question to have a view of the lake. Therefore, an average setback variance may be appropriate. Other Comments: Structural Engineer Letter Jared K. Larson of Larson Associates Inc. has reviewed the proposed roof reconstruction for the applicant and has found that the e.\isting foundation and walls can support the proposed work. The City's Building Inspector has reviewed the letter and finds that the information provided is sufficient. Extent of Proposed Work The propu.sed work includes replacement of some windows, doors and walls on the second story of the house. The first story of the structure and other portions of the home will not be modified as a result of this proposal. History: This property was granted variances in 1988 (zoning file #1280; resolution #2483) to construct the second story over the existing first stor>' and a two level addition with parapet between the garage and the existing home. The City Council approved variances for: 30% hardcover in the 0- 75 ’ hardcover zone; 30.9% hardcover in the 75 ’-250 ’ hardcover zone; and structure located 17 ’ from the shoreline for these additions. There is no proposed change in hardcover w ith this application. Hardship: The applicant has included their statement of hardship in Exhibit B 4/4. The applicants should also be asked for their testimony regarding this issue. Issues for Consideration: 1. Variances approved in 1988 permitted a second story addition on the existing home, located within the same setbacks (from the lake, side lot line and average lakeshore setback) as arc currently proposed; 2. The application does not propose to increa.se the footprint of the structure (w ith the exception of minimal overhang encroachments) nor change the existing setbacks (from the lake, side lot line and average lakeshore setback) nor change hardcover; 3. The original structure (prior to the 1988 additions) has been located within the existing footprint since 1959; 4. The neighboring structure to the east, located at 1384 Baldur Park Road, has been in its current location since before 1955; 5. The property is unique in that it has lakeshore on front and rear and almost all of the lot falls within the required 75 ’ structure setback from the OHWL; 6. Does increasing the height of this residence w ithin an extremely substandard setback suggest the need for additional screening or other methods to mitigate its visual impact as viewed from the lake? 7. Other issues as raised by the Planning Commission. n()}~2H75 Sandra Ann Benson 3/13/200} Page 3 of 5 i Staff Recommendations: Staff recommends approval of the requested variances to reconstruct and expand the roof of the existing principal structure with the following conditions: 1 . Due to substandard setback of the principal residence from the OH WL, screening of the Planning Commission’s choice should be added along the lakeside of the residence to mitigate the visual impact of the structure as it is viewed from the lake; and 2. If structural removals exceed what is shown on the proposed plans, further review by the Planning Commission and City Council uill be required. <ii03‘2875 Sandra Ann Benson 3/n/2003 Page 4 of 5 ANALYSIS WORKSHEET LR-IC Lot Requirements: Dimensions Required Existing Proposed Lot Area ?»,780 s.f. (0.5 acres) 11,992 s.f. (0.27 acres) 11,992 s.f (0.27 acres) No Change Lot Width 100’50’50’ No Change Side Setback East 10’6.6’ (5.8’ with overhangs) 6.6’ (5.6 ’ with overhangs) Hardcover Calculations: Setback from OHWL: Average Lakeshore Setback: Existing Encroachment Proposed Encroachment 48.7’48.7' No Change ft03-287S Sandra Ann Benson 3/13/2003 Page 5 of 5 A Distance from shoreline Total area in setback Allowed hardcover Existing Hardcover Proposed Hardcover 0-75 ’9,928 s.f Os.f (0%)2,244 s.f (22.6%) 2,244 s.f (22.6%) No Change 75 ’-250’2,064 s.f 516 s.f (25%)729 s.f (35.3 %) 729 s.f (35.3%) No Change Required structure setback from OHWL of GD Lake Existing Setback Proposed Setback 75’17.2’(deck)17.2’(deck) 25.1 ’ (house)25.1 ’ (house) No Change CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $250.00 (SSO.OO per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non-conforming structures $250.00 Afler-the-Fact Fees (Double application fee) Application U Date Received - /y- Amount Paid PROPERTY INFORMATION Site Address KoaJ Property Identification Number (P.I.D.) d>2»- ||7- '25-31 -aoo^ . _________«• Tz —r—:—:-------* ----------Attach legal description to application iinot included on required survey. Date Property Required \ofo 'V I (do) ^ojg^ also own the adjacent parcels of land. Resent j^residential ___mother (specify) Xmonth/year) •• • w • • ^ r V 0i5^^9-vr- ^9^^ ieJUU.) Q oa ,u Ku-k^t,--------^--------------- APPLICANT . Phone (home) -471 - Name Sai^dr^ Am/) D<V)5oo phone fwork^ -----------------*■ Address: 1376 gaMur PtH. ritvr -----zip: ^53^ OWNER (if different than applicant) Name Address:City:. Phone (home). Phone (work)_ Zip: DESCRIPTION OF REQUEST Estimated Construction Cost S 7c?, ooo — (attach addiUonal sheets if necessary) U VARIANCES REQUIRED ___ Lot Area Lot Width v/Setback:Front '^"^Side Hardcover _ Rear Lot Covera Average Lakesho Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Desenbe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: Sgg ^ (attach additional sheets if necessarv) } It tr O vV ■n lb:Ob fc5l *b41-U4'J/WJLb bAVK:>JJI M--.VI I H#V>r. OJ REQUIRED SUBMITTALS AILilLtht followint Informatlag mutt be iubinltlcd |»y the tppllcation df dHnt a*tt in order for , your appIlMtloll to be coniidered comptetei 1. 2. 3. m 5. 6. 7. 8. Completed Application Form Certified Property Owners List of owners within 150 ’, labels and plat map (you must obtain this list, labeli^ogd map from Hennepin County Department of Finance, A-d03, Govt Ccnter,'7n-S910). Certificate of Survey (sign^ by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy iVt" x IT for rq>roduction. Topographic survey (exisring and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 8ki" k IT for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy 8Kt” x IP). List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of iq)plicanl(s) if not current owner(s). As an addendum to this application, please attach a separate list of any other persona you wish notified of this application. Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application.' Please remember that your variance anplicatlou Is not complete If the above information hat 001 been Included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Adminiatrstor, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information siqiplied is true and correct to the best of hiblier knowledge. %rCs OWNER'S SIGNATURE The owmer hereby acknowledges and agrees to this application and fiuiher authorizes reasonable entry onto the property by City staff, coruultants, agents. Commission members, and Council members for puiposes of investigation and verification of this request. Ownert Signature Date o3 Applicant must have all submittals uito the City offices 23 da^ before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all Khedaled 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 attend in your place and 10 advise die Building A Zoning Office of this change prior to the meeting. r- if fQ O ii' ^ '• ^ .s . • . r 02/17/2003 16:06 651-641-0427 WES SAVPSai PA«3E 33 AdjMent Properly OwBer^^koowledfcment Form .✓ /i I (we) [print name(s)][print oddroK] &TS‘S!. apS Z. ^ ^ I (we) understand that in executing this acknowledgement, 1 (we) am (are) not asked to declare ^proval or disapproval of the property or use but merely to eonfinn for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use Council approval. Owner ChJxU Property Owner ^Jn Date I (we) [print name(t)][print address] have revii for the proposed improvement or proposed use of the property located ' ilw Kfcmd to u Land Use Application No._______ 1 (we) underatand that in executing this acknowledgement. I (we) am (are) not asked to declare a^roval or disapproval of the property or use but merely to confirm for the City Date Property Own Date .x:- 8 ??., S')» *) -) it &4//f City of Orono Variance Application 1 j ''i Baldur Park Road Orono, MN. Statement of Hardship: This property is located on a narrower portion of Baldur Park which is a point or peninsula on Lake Minnetonka North Arm. The property varies in depth from approximately 23 feet on one end to 170 feet in depth on the other with frontage on one side of the peninsula of 100 feet and the other of 60 feet Records available indicate the origiiud structure dating to 1959, permit records show an addition in 1971 and another in 1988. The living quarters ate located entirely within the 0*75 foot setback on the north side of the peninsula and a garage just fits between the two 75 foot setbacks from each side of the peninsula. There are two levels to die structure with the lower level on grade and the main living level directly above. The ceiling heights of the main living level of the original structures is 6'-10** clear. The Owner proposes to remove the roof(s) of the original structure and replace with a new roof structure with one continuous ridge approximately 1 ’-10" below that of the 1971 addition directly west of this structure. The footprint of the building will not change although the roof is planned to have a 18” deep overhang at the lakeside and rear and 12" on the gable end to the east increasing the hardcover somewhat. The interior of these living spaces will have vaulted ceilings to provide acceptable interior ceiling heights. dii ' / iiraiTiviiii 1 ■ i w . :'v- 4'.-»■ ; o OMOM VII7/1I 0emON,tANOV ADVANCE SURVEYING A ENGINEERING CO. 4M0S ll>r Nul 101 MtaiMHU.MMMM5 ftoorCMlMTO 10M rumiMTOlMT smvE^ nw: SANDY BENSON OK r«%iMry. 200) ££yami^rc«M«in tl.200)iP»lMmlMr<wnaiw<a»wl>«ww^. l2fiAaBLrcfcn»> n.2do) LEOAL DFAHiPTION: Lrt 2® iSii uC Lol 21 l)®if nuUlmiictl) nfa line niMiini Oom • poim i« Ate »ortlii>ciicf*> Nnt il«or *f OiMMri 2) frti Mnlimcilcri) Owm *c mmi M«tficit) wai wJcr cumet OwvoT lu ■ paiM h iW ftivAcMictl) NRcoriaMUldMMlOO.srcclttwiliwtMctly ivMiiMiiiiMictilcfl} nc«4crcai«criicfCoC flaMw fatk. UcHMfRli CotH).MIwicaula. LIMITA1IOW10 NQTM: Airkiiflk aiidj«iiw<iiw of kpumian Mwet of the abo^c Ifri OcacHpitoi. TIvKooroCoHr Mf>irrtiac«M iiicliiOcdrtcwiiiiiiiif olmywio%t».okMiiaakfal —■<?. linwclirrkdkrkfai Ml )iM» fvcotrfa or mmhIi oMi rmofrinii kfal coimivI. if iictcttar>. lo mOU wm iM ii iadctciifrioM « ruiftct, and dial my maiicra of itcinJ. tocli a« ra«cinntl«, ikal )oo oHIi ditmn on ihc Mine), lone breo •bimii 2. Olnmtof die toenioii ofcatniwo imyrmewimte nc deemed Inifwiin. ). ScMbu wen wuiiinciitt or icilOb»f idd inonwmcnH to maik dia comm o< ifcc pofcily. 4 0lww0igeftnalion«ONllic«4iral«ehTledliicailnNf iu|Keionir indicailoiiofiln kfngnpliyofdicaite. HwrlnalioiiailiOMiircfalcanl) lo die bcncImMii piin idl'd on dih «Mnt) . Uac dial bcoHMnaA and rllcdi at leoM one odMv fcalwe dmnn on die map nben drtemdid iif udiev ek« aMms (w «ac on dd« adt. 5 Tid plal of naUw fik d old and vofne, die iiini wonmnen tt nc hove bond and dlow on dda ann ey art mn inronifMe afrceincni. and nbilr «**hateilnninandmononcnirddieboiinda»> afddapmpcfi) aabcal ne can Oom dda ktetm^kH and ronOkiing infomMiion. we eani be aure Ibal a jodfe noidd afaer widioor icaaoningirbeMinr) were rbaHrofed If did imrenainl) iaaomcdlinf dial) on woold Mho loiciinne.il ia foaoiMe lo to lo coon and bai e a Indfe mle on dw «aNct. bm bbe ad kfal rnwvcdiata. dMMRd omey •aonldbeimolicd SUNDAdU SYMIKILa A aiWVtNHON3: *9 Dewolea li2 It) pm wiA ptaaiic pbia bewiDcwolcali2* It) |N|ie mb plaMic pint beMMp Stale Ldcnar Number 92)5. act onlraioiKfwIarnoled^ ^ CEd^nncA'miw: / Ibcitfb) c^ifi ibaiibdaMney waaprtfMie dbyfiiearondrrm) dileclinpcnMonanddiailanii ^ Snrve^nndcnbeLawtof dicliaitofMInniaoia. \ H hnicf rt A f .S No 9215 OIUPHIC KALI iiTG Au tsmf ■bN tvex- SETBACK ZONE; (CIRCLE ONE> T~5-^^ * 75-^ D 2S0-S00 500-1000 EXISTING HARDCOVER IN ZONE House 1540 S.F. Length Width 0 S.F 0 S.F Garage 0 S.F Driveway 691. ____ 0 S.F Sidewalk 82 S F Patio/Deck 0 S.F 575 S.F 0 S F Landscape 0 S.F Underlain by Plastic or Fabric 0 S.F 0 S.F 2935 10619 0 X100»27:(T% 55/^7. B TOTAL PERCENTAGE v..> SETBACK ZONE: (CIRCLE ONE)0-75 1 75-25(1 250-500 500-1000 1 EMS7ING HARDCOVER IN ZONE House X =0 S F. Length Width 1 X s 0 S.F ' X ■s 0 S.F • Garage X =626 S.F ' . _ _ . 0 1 Driveway X ss 45 S.F ^ X =0 S.F \' Sidewalk X s 24 S.F I X s 0 S.F I Patio/Deck X 3 0 S.F i -------------' X 3 b S.F Landscape X 3 0 S.F 1 , Underlain by Plastic or Fabric X 3 0 S.F i --------i X S 0 S.F 1-------------1 ! X 1 3 0 S.F Other X 1 3 79 S F TOTAL HARDCOVER IN ZONE . •3 774 S.F (A)—1 ; i —j TOTAL PROPERTY AREA IN ZONE T • I 3 2109 S.F(B)-------1 I -----------f J---------- !* 774 2109 3 0 XI00=' 36.7 % I PI B TOtAL PERCENTAGE i ■ PROPOSED HARDCOy^R IN ZONE ! : i House --------------------------------------------------------------f-----------■■■------------------------------------------------------------------------- X * 3 0 S.F.• Length Width ! X 3 0 S.F ; -................. ..3 0 S.F f 1 Garage ____________1 _________3 626 S.F --------------------------------1---------------------------------! ( Driveway I X ^ 3 45 S F1• X 3 0 SF Sidewalk 1 •X > 3 24 S F i 1 1 jX 3 0 SF ► 1 Patio/Deck .•X 3 0 SF 1 1 1 I j X • S 0 SF j1 -------------1 1 Landscape ‘'x ) 3 0 SF ! 1--------------------- 'i Uriderlain by |‘X 0 SF 11 1 Plastic 'X 0 SF 1 1 « »X =0 SF !r — *----- Other TOTAL HARDCOVER IN ZONE X S 3 79 S F 774 S F (A) ■ 1 '* ’ 1 ! TOTAL PROPERTY AREA IN ZONE 3 2109 SF(B) >7.00H{' 774 2109 =0 XI00=36.7 % A/B TOTAL PERCENTAGE 6 f? -yvjiv i-:\ r - 9 r .A Y. J: > e k * * 6 ■A *■-' 03/10/2003 09:24 651-641-0427 WES SAMPSON ARCH*T PAGE 02 PROM * LARSON RSOCIATESt INC< PW NO. s TfiS'MS-SiSSl nar< 07 3003 02J44PfI PI aniMMAHm Mil} i'- l] i I # TAtTCDMMSM rn (7<})M}4Mi March 7.2003 Mr. Cary Kuhns 1376 BaUiir?iik Road Orono, Mhnesota Re: Kohos Reskkiice 1376 Balder Park Read Onmot Kfinmsota DetrRasdy: Aa nqoesied I visited your above reftiaDced rcaidcaee 00 Riday» Marcb7.2003. T1icp«poaeoraBy visit was to view the stroctoral coodition of the existing hoim and detenaioe if stmetim cm be modifled by ^a^ a new roof over a portion of the ciisiiBg bone. llieoewroofwoullbeHpponcdbyBiiewridgebeoflispaoaiDg about 32 (bat. with new rafters beariog 00 that oeoter beam aad the exterior bear^ walls. Ihe existiiig hoiiie is io good structural coodituo. The existhig fbotings aod ftrundatioa walls will n^rpon the loads bapoiod ^theoew ridge beam, without over-aoeumg the existing strocture. If you have aoy fiiifher questions plaue fbel flee to call me. Sioccrely: /MKUQpiP.E. (jwunioal En^necr Minnesota Reg. No. 1S847 203039hi jkl ’mm V ' u. Im inliiiiiiiTiiuri CXI5TH4G LAKf 5IDC CIXVATIOH POR I 376 DALDUR PARR ROAD I/a* - r-o* i r.- • /' # / *■ I s r;/1 '* . . V V.: i Oi «t * 4 * • • •% r ift- PROPOSED LAKESIDE ELEVATION POR I 376 BALOUR PARK ROAD V % t ' 'J *. > ) I f '\.r^ f *t,V f I/a* - v-cr r ■- ; •5^.. PROrOSCO CND ELCVATiON POR I37C BAIDUR PARK ROAD i/a-1 r^T* FI )0 t.> 2 ;iD•V , - '• 'AV* \ tmma *c PROPOSED LArf SIDE ELEVATlOH POP i 3rc DAlDuP PAPsP PCAP I 3' - I •O*’ <6 PRoro3CD rtooR plan pop: i 37c baldur parr road 1- o (: I . :j il ; 'v. r*>.3 •>v ’y {. ’•> I/O’ - I’-O’ r rnoroseD vauutcp cciunc plan por i arc baldur park rqao !/«•- r-cr I’a rr. t . 1mm\ r ^!) •/ • ' i) ' N t:- (: PROrOSCD ROOT PIAN POR 1376 BAIDUR PARR ROAP l/«* - r-o* r E- • !*. *^.* - .*; -/-H y iffi . >•< St V. .. .>.‘'?^4a ,v.^ v ir, •• .• .n ::^. * : . ..' *»^r •• .^liV <‘.JV-T: f V. r •.* * / • * * * • : ? *n ■‘.vSvr .•V*- ‘.V*. - ’i -* *^> •.».:. -• a 'AV O'^ • * 1' iV A •• iV •, A '*r’;;->-. • " t'-..s ^ *'. * • • *v* * 1 N • i"' \ «.' • • *-1 r* ^ >' •* » T . •*.••»?- •t 5472789 City of OHO.XO KEGOLUTlOf: Of TMC Cl rv COUNCIL NO.*. ••. I TR/;N£?.-.'? ENTERED <‘:i' *. r* .. ■• • *.• . i- f.; A RESOLUTION CRAHTING VARIAJ.’CES TO MUIIICIPAL ZOHIKG CODS SECTION 10.22, SUBDIVISION 1 S 2 AMD SECTION 10.55, SDDDIVISIOH 8 - FILE 11280 % •r't f• ^i 1£S3 *i;.' WfiERHASr Wendy Wcihc (hereinafter ’’the ap|: 1 leant**) is the owner of the property located at 13 76 Baldur Park P.oad within the City of Orono (hereinafter ’’City'*) and legally described as follows: Lot 2C and that part of Lot 21, Block i, **Baldur Park** described as follcwf,: beginning on the r»eance: lino at the !:orthoastorly corner of s^id Lot 21; rhence Northwesterly cn said line a distance of 50* to the h*orthvestcrly corner of said Lot 21; thence Southwesterly on the Northwesterly lino of said Let 21 a distance of 23*; thence Southeasterly to a point cn the Southeasterly lino cf said Lot 21, 66*5* Southwesterly fror. said Northeasterly corner; thence Northeast*, rly on said Southeasterly line* 66.5* to the point cf beginning, Hennepin County, y.inr.o.sota (hereinafter **th'^ property**); and vrjKKCAS, the applicant has applied to the City for variances to Municipal Sonir.g C-^do Section 10.22, Subdivisions 1 R 2 and foction 10.55, Subdivision 8 to allow the con.s truct i cn of additions to the existing residence, such additions being lens than the required 75* setback from the shoreline cf Lake Minrct nka and cen.u t i tut ing Iiardcr-^or in the 0-75* and 75-250* iakeshorc setback -/.one:: In excess of tnc an<! 2"^* hardcover torcontnno.s norrallv allr-.;ed in ’•hone rostective rr*nes. Minnesota: KOI, *riii:5^::yo::u, r.:: it n::soLv:-L by the city Council of Orone, 1A. • BINDINGS This opplJcat w:c reviev-d ac "oning File *1280. 2. The property is located in t)ie r.P-lC Firgle Family Lakeshorc Pesidontial Toninq District. V • ■ •'f' V 4*' ^ ' “'‘U * /• *'* f.i r* 3. The Orono Plonir.g Commission reviewed this upplicition on June 20, 1988, and i ^ nor m-.nded approval cf the proposed variances based upon the fclli:wina findinri;: A) The a re ^ of the property is app rc:: ir.i to J y 1 3.450 s.f., of which 1C,*?*' s.f. If. locnttJ within, th*^ r-?5* se'^ba*^': ron^'. Pare 1 cf 5 rr-mcTT:?—"rir ; f .. -1 « ' . , . ■• "-j ' \ . *1. I •' •—► . : ' • •; •* r^'y • ,.» • • ,r * I*-. n.'ic • .*v'^ .'•*•*.’'• '• ‘5* v'^vV *. •*'' ’* * .*• *» .V •** *a > ‘ * <» ' •' • •>! •t’T[•h ^4’ mrr - T. >V'-41Py •V vt: ;:•< •w. ‘ I- 7‘T •• .• '• •:Tv‘*J< , •f,.^ .•;•,■ t:;,>*i;* » .* .•, ^v•'tf- ’. « • ••.'••'. '. .'.-J •>;’. r A V** . . .-*-n • ;•'■■' • *. .' . 4, ^ . V.k' •••-**- r t. *.“ '■ V^V’ : • -i " ■•tv...;:'. *f'Tr \* • • • .■ >1 .T>r i'y». *-;/* *•••■’ !?•' • .-r.vr}>*- • . ■ :? •' r'. .'i »)V.- • r I ^ . * ^ * 'Ir. ■' ■'i i. V-. ■ ... '-v''.-,' «' •^‘^v • <*. V V. ■.T'J •' V ' . 'v . • “•'' a- T * V> K • ■ \ V.s I . •i’T-n VV ‘ j / •« - ^ S 'i .•*: » • . i ‘r/vV.'.i ■« « - ft / .p-3ly of 0R0.'%'0 w RCSOLUTIO*: OF THE CfTY COUNCIL NO. •. 4 3 - J 3) Thcf existing residence st^uccuro is locrted 28* fron the shoreline with c second story dock located 20* fron the shoreline. Existing hardcover cn the property in the 0-75* zone is 30.•*.^ and in the 75-250* zone is 49.01. C) The pr'-pos*:^ 3''diticnai structure includes ccr.pletion of the second story over the entire existing house, with a 3-levol addition brtv;eon the existing house and the garnge, plus a new second story deck at tte northwest end of the house. None of the additions will bo closer to the lake than the existing house and deck. D) The applicant’s original proposal showed a reduction in hardcover in the 0-75* zone from 30.41 to 30.1;, and from 49.01 to 44.41 in the #5-250* zone. The initial Planning Commission review of that proposal resulted in direction from the Planning Commission to further reduce hardcover on the property, hence applicant returned with a proposal for 30.0% in the 0-75* zone and 38.91 in the /5-250* zone. The Planning Commission found this substantial hardcover reduction to be a positive aspect of this application and rocemmended approval. E) Due to the fact that this property has lakeshero on 2 sides, with a relatively small area in the 75 — 250* setback zone, the property has some unique hardships in that it could not support any additions without variances. r) The proposed additions will create no significant visual encroachment of views enjoyed by neighboring property owners, and P*ot bo visually obtrusive ’within the landscape du'' zo the topography within the immediately adjacent ar^.as. City Council has considered this application including the findings and rocenmendations of the Planning Commission, reports by City staff, comments by the applicant and the effect cf the proposed variance cn the health, safety and welfare of the community. 5. The city Council finds that the conditions emistinc T r r»i /r. r* * • • .•-.r. .> .. i { ^ ^ : a. • ___. • - . ^property are peuiiar to it and do net apply generally on thir otherproperty in this zoning district; that granting the variance would no** adverroly affect traffic concitiens, light, air ncr pc<e a fire hazard or oth'^r danger to neighboring property; would not merely serve as a ccnvenicncr^ to the applicant, hut is necessary to alleviate a demon strable hardship cr difficulty; is necessary to preserve a substantial property right of the applicant; and would be in kc'pinc with the Spin*, anu intent of th? Cenino Code and Com::rohensi vo Plan City. ' ‘ . rage 2 cf 5 •i« % ( , ^ -• ^% >1 ft* ft #• ■aiii I ftfi ■ . . _ . ~ ^ - 1 >1 ^ -II M I______.jtM. ' ft. .. *•* t‘ > r’K I 4 i »-> i? »V ^ J ' A- '** • .•->>%. *. V • . • t.' . « * V . f * ■’ •" ’ I.'' V w ■.• *.‘€i . ^ II •L/V ' ^ • >,i’W/i.•..^^;Sj I> V, •■‘•.V'f ‘- * ^ ^ t « . «•• • • *• • 1( / . '> •; ’■ r ^• • < !*• .t ';,K» V .1 ;../.• .. ^w. ; 1 m » •>.VI / ' <Vv •' .1 •' >%•»• rV-.'jTi'--.' 1 City of OROr^’O RESO'-UTION OF THE CITY COUNCIL \0. ..4- 3_ __... C0MCLUSI0K3, 0RDV;R Af.TJ CON’DITIOMS 3as£.d upon one or wore of the findings noted above, the Crono City Council hereby grants variances to Municipal Zoning Code Sections 75-250* in excess of the 25% hardcover normally allowed, subject to the following conditions: 1. Hardcover on the property is allowed only as follows and per the site plan attached as Exhibit House plus addition 152? s.f Deck plus stairs Sidewalks Garage Driveways Retaining walls Total 605 s.f. 157 s.f. 637 s.f. 1303 s.f. 43 s.f. 4274 s.f. o^ which 3242 s.f. is within the C-75* lake-shore setback zone and 1032 slf. is within the 75-25C* lakcshove setback zone. All other existing hardcover including decorativ.-: rock beds underlaid by plastic sheeting shal'. be rexoved pricr to final inscection and eccutancy of the additions. The applicant is advise., tha**- any future proposal to increase i:ardcover on the property wi.l not'be aepreved, but right be approved only in conjunction with ennevrrent renov.ils of e.xisting hardcover, resulting in no net increase? c.* hardcover. 2. The applicant is advised that the lower floor level of the a-ddition sh ll be at an elevation of 932.5' or higher. 2. The applicant is further advised that if for soxe reason the foundation cf the existing house has to be replaced, that further Cou.ncil review x.vy be renuired to determine whether a relocation cf the house is required. 4. ,Va*-horitien crantee’ with this re.sclution run with the property .not v;lth the aprlic.Vnt, bur are psrxir.sivo only and rust be .xercised by act 1 icatio:'. for a building porx.it within one year of the date o. Council aosroval, or this v.'.rianc.e will expire or. that date (,'.ugust 8, 1389). 2 V ►■‘i;IT- »*'• ■ jS &-V.V i: ;‘1W « . s; *. jr‘. 'XM i• •• - > / 111 r isi • >:4.. .* • • • ••I ^ .. v^S v'-i- ■.'■ .’Mfi •;v-m1 ■\ r.#Vr>;!Tv »‘ - ■<••.••/.i?; Citv of* OROrVO RESOLUTION OF THE CITY COUNCIL NO.24 S3 1988 5 Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violat-on of t.^e zoning code, shall autoratica1ly terminate any authori-> gran- herein, an*^ shall fcc punishable as a misdemeanor. 6 The unde-sicn«d applicant has read, understood and hereby agrees to tJ^terns of'this r" elution and on behalf of herself, her heirs, successors and assigns, hereby agrees to the recording of .a.s resolution in the ch!J^.n of title of the prope*.ty* • ». Adopted by the Orono City Ccur.cil on this 8th day of August# \ -31;:' ■/ Jamys^ A. ^irabek. Mayor V *-5 ‘f: .^*f ’ >MT.i«^«* A J . uA^'~ .• %. > , ._^ . J ^ 1 m 1.. ' ^ArtAA . .. A ^ / ^^1 t ''A^CL H-TOlfe'--»j?a?..£>55 > k if'. W 'i\Vi>i v.^r>. V « : •'V ' City of ORorvo RESOLUTION OF THE CITY COUNCIL NO .JliL__ STATE OF MINNESOTA COUNTY OF HENNEPIN /7-^ I ) SS. ) On this day of ^19s5^ before ne a Notary Public within and for said county, personally' • . . *. - I ^ known to me to beappeared _^* / LUg./A € the porson(s) des'cribcd iporson(s) des'cribcd in and who executed the foregoing instrument, and acknowledged that ho (they) executed the same as his (their) free act and deed. NOTARY PUBLIC KY COI-IMISSION EXPIRES STATE OF MINNESOTA ) )SS. COUNTY OF HENNEPIN ) On this _ _ _ _ _ _ _ __ day of _ _ _ _ _ _ _ _ _ _ _ _, 198_, before ne a Notary Public within and for said County, personally appeared Xnown to r.e to ba the personas) described in and who executed the foregoingirstrurent, and acknowledged that ho (they) executed the same as hie (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES Pago 5 of 5 ti ?• ^ I'fl tv-1 r;*mm : 'v^bJ^ ■ f. V ‘f? • .■». f ■ •''?!' i V’ . . V'. & •. « . >*»- > ’' : ivriiC: ^1':;^v;‘;‘f,.-. f'> j #', «; i" .C r«. ./iVisiVji »> {•' "K i-'V ^•> }•% , ’ V ' t«i il V ■ :*■*;m V /•'. .t^v'^••^ V iT' :•• ’ -T . -V' '.. ’- *^5 f;<H«Sir ^ fr<2. 0^^*^v-^.‘ySlO^J rnva\6 - A»l>tnrA-) - Pcoi." ■*• jTAia ; ~ C.^^" S i&«5i»J VMi.C — ../5'7 t>^/.ewA*fs .- i ^p5 *H:T: iL»«,».£>.i.^- Mi 7i>r>u ;^A?CCCu'*r2- r ■ •-r'i # i'." * %. :rV V t It • ‘s H SSEf«! 1 i‘>i mU-&: i<ii ■;>-|f':- {'K-A •• ii>*'3i V v a r*: : • ;VV^^V^^‘^■'VvV I . ;.*• .•• .‘•'i.JV.I ‘r* : ^' * '.*: V"-'‘;tvv : \ i."'. \.‘ j!? J>m 3l^a iK'i PEW^IT PLAN REVIEW STATS SURCHARGE PENALTY SAC ZONING CHECK LIST Zoning District: ^ Fire Departr.cnt: Lot Area: f • ^ Post Office:» ' ^School District:r/v/ Width:,4 Depth: Survey Subniitted: Yes Proposed SetbacV.s: f Front (Lake): . /Date of Survey: .-n* ■^-m «•. »«»P^ar (Street): ^ • Right Side: Left Side: i • ■■ Adjacent S:rcctures:Wetland: Existing Hardcover: 0-75* 75-250* Proposed ' -w' • ^ -isnSi *I t,/ •( // * ♦ * Jc> J/*A 'r*:* Yes ^ f * • Hardcover Variance Required: Grading: Staff Approval Date: Septic: Staff Approval Date: —_ _ _ _ Zoning File:< « •' Posoluticn #: Cate cf Council Approval? lit "•"■U /• ^ DV? • /Council Approval Date: -- Dy: .* * ■►• .* »,•• » '• -% ^;. V' •»$Resolution Cate: RFJ>IAIIKS (in houne):! v-^ ?■* rr ' \ iu «w. t. •i. * I Hennepin County Taxpayer Services Department ^ 'iy .A • »w* • -^o%~m- as — T':- ‘ 4 Parcel Information p1 -<:Hy PwMi ID 0»I17233« Nouee Number 137t Street Name BALOtIR RANK RO ThisisnolBhgallynconMmtp. It npr»$ents p compUBbon of tnform»t»on and data from City, County, and State mad authorttiaa and olhar aourcas. r \ \ MIDIM-IM NORTH ARM tVAC 19511 \ \ \ \ \ \ \ \ \ \ ......... V V " *. X '4 \ N.V '^71 _ (2BI (? •I \ • \ N 1 <f I $•••• • •e------!— ' ■' ■!»Y.' -;-’y ■•. ;■*• ; viri •;:M im . •' ■■ *•’ ■ ■.Jibi' 2-'':¥ -•■>' • .tfr ♦ *, .• " ■‘ •=•#• >'. ■ RUN DATE RR/ar/RS RATCN Mi HENNEPIN COUNTY PROPERTY INFORHATZON SYSTEM PROPERTY OWNERS LIST REPORT NO. PI45540I PARE 5 PROP AOSR OWNER NAME TAXPAYER NAME/AOOR PROP AODR OWNER NAME TAXPAYER NAMC/ADOR SO RR-UT'ES SI RRI2 RISH RALOUR PARK RO R J I N A WETT TRUSTEES RICHARD ■ NAROE NETT ISRO DALOUR PARK RO NAVZATA HN SISRl SO R0-117-2S SI RRRS 01S70 RALOUR PARK RO SANORA A REHSON SANORA A REHSON 1S70 RALOUR PARK RO WAYZATA HN SSSRl SO R0-117-2S SI RRRS R1SR2 RALOUR PARK RO RILRERT N 0 ROXANE T CEHLE eiLRERT H 0 ROXAW T OEHLE 1S92 RALOUR PARK RO WAYZATA MN SSSRl SR RO-117-2S 31 RRRO •RRSO AOORESS UNASSIONEO WILLIAM J H FRANKLIN WILLIAM FRANKLIN 17SR NEW RRICNTON RLVO MPLS HN SS41S SO 00-117-23 31 OOOR OISOR DALOUR PARK RO H 0 ■ J A VERSTEEO NARK 0 VERSTEEO 1304 RALOUR PARK RO WAYZATA MN SSSRl 30 RO-117-23 SI RRR7 ORRSO AOORESS UNASSIONEO WILLIAN J H FRANKLIN WILLIAN FRANKLIN 17S0 NEW RRIGHTON RLVO HPLS MN 55413 I' PROP AOOR OWNER NAME TAXPAYER NANE/AOOR PROP AOOR OWNER NAME TAXPAYER NAME/AOOR 30 00-117-23 SI OORR 00030 AOORESS UNASSICIOO WILLIAM J N FRANKLIN WILLIAN FRANKLIN 1730 NEW RRIOHTON RLVO MPLS HN S541S' TOTAL RATCH SRS RRRRR SR RS-117-23 SI OORR ROOSO AOORESS UNASSIONEO WILLIAM J H FRANKLIN WILLIAN FRANKLIN 17SR NEW RRIOHTON RLVO MPLS HN S5413 SO 00-117-23 34 R034 RROSO AOORESS UNASSIONEO HEiMEPIN FORFEITEO LANO CITY OF ORONO P 0 SOX 44 Cr/STAL SAY MN 55323 • (?) CnQ I CERTIFY TNAT THE FACTS REPRESENTEO ARC AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECOROS • V c Permit No. sza/ Hoi 1 ‘f-ba L16X. <^^()S lAo 3/.2(J i-&7fc e>cLii.d.uA, Ponied L PERMIT RECORD ^te -f^-71 Type of Permit hrlh n //-/4 % g -5/7-9 // 1 - ^7 -9t QAAo, CU^ <y j^t^lknidCi. f-'V-cie^ A^aACjits^f^ <lcA V' 0 r -Ft) pe BecoJ&nyjuFTeD )f A e)CpftMOE£> * • *• . ■j.' BilH Hfl Hi _________ imjM 'V, '‘BS '.l-iStiUl . l\w ^ '■* - .......... P, -If „ . ‘ K^9m Of fOM€ V' • s 'V ' r >( ', *5 '•, « ^ ‘ » V% f . ‘N* pi?i •s ^^te9^D&■ £f BK[‘^i\ti&-Wdiv^e 3< siei(^He?oi2^M6- ftefiAE to tut ' - ^ 7' ,\v^ '•iW.,, jil r.« V /£’ '/ miM ... ^[PV^1.i1 !!|l|‘ 1 \ >»Ji / :i . • . / , .- ,1 iiiiliyii' - ■n _:=:5^ r-; r . ;>> ■’’•‘’'^^ ^“'■^'f ■■• • ^ i-*'■■>'iVt^''', m li ••'i-.‘^■■■- '1:4- mm r^, ;'«' •V. ^ if* i"*^ •*-i s. ^ {» ■*• 1 * / • .• A > . ^<V^91PC- (?f t^PHA^- vieiw of 'WE uE«r Application Complete: 60 Day Deadline: 3/12/03 5/9/03 ' # .o'- REQUEST FOR COUNCIL ACTION Department Approval: Name: Jennifer Chaput Title: City Planner DATE: March 18,2003 ITEM NO. 7 Agenda Section: Zoning Item Description:#03-2879 Gary Hegencs 2675 Shadyu'ood Road Variances Exhibits: A Resolution B Staff Report and exhibits of 3/17/03 Application Summary: The applicant requests a side yard adjacent to street setback variance to allow a 20.1 ’ setback where 35’ is required to construct a 330 s.f. (15’ x 22') single stall attached garage addition to the existing attached garage. Pertinent Code Sections: 1. Section 10.24, Subd. 5 (B): Setback Requirements: The following minimum requirements shall be observed in the LR-IB zoning district: side yard adjacent to .street setback 35’. (Request: To permit a side yard adjacent to street setback of 20.1 ’ where 35’ is required). PLANNING COMMISSION: Planning Commission recommended by a 5 to 0 vote to: To approve the application as presented, with the following condition: 1) Any existing fabric and plastic hardcover on tlie property must be removed before a footing inspection will be approved. STAFF RECOMMENDATION: To approve the enclosed resolution. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed resolution. <5 A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5 (B) FILE NO. 03-2879 WHEREAS, Gary Hcgenes (hereinafter "the applicant") is the owner of the property located at 2675 Shadywood Road, within the City of Orono (hereinafter "the City") and legally described as follows: Tract A, Registered Land Survey No. 1453, files of Registrar of Titles, Hennepin County, Minnesota, (hereinafter "the property"); and WHEREAS, the applicant ha applied to the City for a variance from Municipal Zoning Code Section 10.24, Subdivision 5 (B) to allow a 20.1’ setback where 35’ is required in the side yard adjacent to street setback to consUruct a 330 s.f. (15’ x 22’) single stall attached garage addition to the existing garage, in the LR-1B zoning district; 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 Plaiming Commission held a public hearing on March 17,2003, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File ^03-2879. Ihc property is located in the LR-IB Zoning District, where 1 acre is the minimum required lot area. The property consists of approximately I acre. 3.The Orono Planning Commission reviewed this application on March 17, 2003 and recommended approval by a vote of 5 to 0. 4. The Planning Commission made the follow ing findings of fact: Page I of 5 A. The proposed addition will not obstruct views of neighboring property owners and it is well screened by a 6’ fence, located along Shadywood Road; B. A detached garage could be built 10’ from Shadywood Road without a setback variance; and C. The position of the house on the lot and the lot orientation to the lake presents unique circumstances for the property owner. The City Council finds that the conditions existing on tliis property are 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, tight, air, nor pose a fire hazard or other danger to neighboring property; would not merely serv'e as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council h.as considered this application, including the findings and recommendations of the Planning Commission, reports by City Staff, comments by the applicant and the effect of the proposed variances on the health, safety and welfare of the community. CONCLUSIONS, ORDER, AND CONDITIONS Based upon t»nc or more of the above findings, the Orono City Council hereby grants variances from Municipal Zoning Code Section 10.24, Subdivision 5 (B) to allow a 20.1* setback where 35' is required in the side yard adjacent to street setback to construct a 330 s.f (15’ x 22’) single stall attached garage addition to the existing garage. Approval is subject to the following conditions: 1.Council approval is ba.sed on the site plan submitted by the applicant as attached to this resolution as Exhibit A. Any further amendments to the site plan may require further Planning Commission and City Council re.iew. 2. Approval is subject to the following condition: a) Any existing fabric and plastic hardcover on the property must be removed Page 2 of5 i before a footing inspection will be approved. 3.Authorities granted by this variance run with the property not with the applicant, but ate permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or these variances will expire on that date (March 24,2004). 4.Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5.The undersigned applicant has read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City or Orono, Minnesota at a regular meeting held on the 24th day of March, 2003. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner (s) Page 3 of 5 r:I rr imn ------ 1 STATE OF MINNESOTA COUNTY OF HENNEPIN On this__day of appeared before me. . 2003, _jjersonally who is personally known to me whose identity 1 proved on the basis of whose identity I proved on the oath/affirmation of credible witness .»a and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. ’4 Notary Public Pages of 5 CERTIFICATE OF SURVEY FOR GARY HEGENES OF TRACT A. R.L.S. NO. 1453 HENNEPIN COUNTY, MINNESOTA \ o. ^4 - % •'<5 ICCAl OCSCRIPTION or PRCMISCS TrocI A. Rtaititrtd loud Survtv No. 1453. filto df R«9itlror of Tilitt. HonntpIn county. Mmnttoto. • : dffiottt iron morlitf Booringt «ho«n or* bottd upoo on ottmvd do tun Thit turvty inttndt to thoo th« boundoritt of tho obovt described property, tho locotion of on f>lttin9 house, the locotion of oil visible "hordcover (see note beioo) ond the proposed locotion of « proposed 9oro9e ond decH thereon it does not purport to shoo ony othor if?provoments or oner oow.'vnents. NOTC ; Accurocy of hordcover locotion. ond Oitent of odditionol hordcover Is limited by Ice ond tnow cover G80NBERG k ASSOCIATES, INC. LISC 9CMn UfO lIMTflil 91 PUMOS S4S n «U0« OA lONC I4li(. 104 SSIM 157-473-4141 I iceie* cvirv **Mt nei hm4 m «f<aer mnao 9 m m uoc* m wet sucewi w Our I m 4 0U4V tmora reemo—n toBMO me imc 99tm MO M MOI O St O M4M4 S«tl 03-07-03 joe VO OSOM 03 OM Discussion: Setbacks I he front lot line of the property is defined by the OHWL of .'^ake Minnetonka and the rear lot line is that opposite the front. Tl’oreforc, the applicant is proposinc to enlarge the existing structure into the side yard adjacent to street setback, abutting Shadv^vood Road. A 35 ’ setback is required for all principal structures from the side yard adjacent to street lot line. I'he house is currently located 35 ’ from the property line. The proposed garage addition is 20.1’ from the side street lot line. The applicant has suggested that a detached garage could be located 10' from the lot line in this location witliout variance approval but believes that it would be more appealing to add onto the e.xisting structure. Detached garages of less than 750 s.f are permitted 10’ from side and rear lot lines. Therefore, it is possible to locate a 15 ’ wide, one stall garage 10’ from the side lot line and still maintain a 10’ separation from the principal structure. Hardcover 0-73 ’ Sethark Zone Within 75 ’ of the OHWL of Lake Minnetonka, there is 101 s.f. (0.64%) of hardcover, consisting of block stepping stones, which provide access to the lake, and a rock border. 75 '-250 'Setback Zone There is 6,066 s.f. (21.82%) of hardcover existing within the 75 ’-250* setback zone on the lot. In late 2002. the applicant discussed building a 603 s.f deck addition on the house with the Building Inspector. The deck has not been constructed to date but the applicant would like the square footage included in the hardcover and structure calculations to ensure that it can be constructed. With the deck, the hardcover increases to 6,669 s.f (23.99%). With this application, a 330 s.f (15' x 22 ’) garage addition, with driveway to serve the extra garage stall, is proposed as well as remov al of a portion of the existing paved turn-around. The driveway area is reduced by 75 s.f as a result of the proposed removals and additions. The additional garage space and changes in driveway area (also including the proposed deck) results in 6,924 s.f (24.9 11o) of hardcover. 1 here is also a shared driveway on the property (1,800 s.f) which is not included in the hardcover calculations per City policy. Although the survev (completed while there was snow cover) does not identify any landscaping underl.-»in by plastic or fabric, the Building Inspector has stated that there was approximately 700 s.f. existing on the lot late la.st year. If this type of hardcover exists on the property today, complete removal will be required. Structura l Coverage lip to 15% of the lot area or 6,540 s.f is permitted for structural cov erage on the lot. Currently, there exists 3.642 s.f (8.35^o) of structure. With the proposed deck, the structure increases by 603 s.f. to 4.245 s.f. (9,74%). Hnally. with the proposed 330 s.f garage addition, the structure increases to 4.575 s.f (10.49*’o), less than the maximum permitted. H0.l-2879 ihin Helenes 3/13 :ooj PiJfie 2 of 5 History: The lot was created in 1974. The original house was built in 1977 meeting the 1 acre setback standards still in effect today. Since this time, there have been a number of variances on the lot. In 1986 (Zoning File #1023), a variance was granted to increase hardcover as a result of a room addition, from 26.8% to 27.1% where 25% is permitted. In 1990 (Zoning File #1523), the hardcover was reviewed again when a kitchen addition was proposed and it was found that hardcover had been added since the previous application. The hardcover increased to 28.4% as a result of additional rock on plastic, permeable fabric and a screened gazebo. In 1996 (Zoning File #2173), an after-the-fact structure to structure setback variance for »he gazebo and reduction in hardcover to 24.3% was required before the property was sold to a new owner. Historically, the hardcover calculations on these applications were calculated by City staff. When the applicant talked to staff in late 2002 about building a deck, the Building Inspector roughly calculated hardcover numbers to make sure that the deck would be permitted. For the proposed garage addition, hardcover calculations from a surveyor were request'*d to ensure that the calculations were accurate. Hardship: The applicants have included their statement of hardship in Exhibit D. The applicants should also be asked for their testimony regarding this issue. Issues for Consideration: 1. A detached garage could be built 10’ from Shadywood Road without a setback variance; 2. Is an extension of the principal structure for an additional garage more aesthetically pleasing than a detached garage in this location, given the level of screening and the orientation? 3. The proposed addition wall not obstruct the views of neighboring property owners; 4. A 6’ fence is located along County Road 19 (Shad\-\vood Road), blocking views of the side of the house w here the proposed garage addition is located; 5. The hardcover and structure calculations take into account a proposed 603 s.f. deck and 330 s.f garage addition; 6. fhe driveway on the property is shared with a neighbor and not included in hardcover calculations; and 7. Other issues raised by the Planning Commission. »03~28 ’’9 Gary Helenes 3/13/2003 Page 3 of 5 staff Recommendations: Staffs conclusion is that the lot orientation and the ability to have a detached garage 10’ from the road are unique circumstances which, in this case, with the level of existing screening, support the granting of a variance to allow a greater side yard adjacent to street setback by attaching the garage. Staff recommends that the requested variance from the side yard adjacent to street setback be granted with the following condition; 1) Any existing fabric and plastic hardcover on the property must be removed before a footing inspection will be approved. M03-2S79 Gary Hegene: 3/13/2003 Pagf 4 of 5 -A ANALYSIS WORKSHEET LR-IB Lot Requirements: Dimensions Required Existing Proposed Lot Area 1 acre (43,560 s.f.) 1 acre (43,600 s.f.) 1 acre (43,600s.f) No Change Lot Width 140’242.17 ’242.17 ’ No Change Side Yard Setback 35’35’20. r Hardcover Calculations: Lot Coverage By Structure: tt03-28~*i Gary Hegenes 3/IJ>2003 Page 5 of S Distance from shoreline Total area in setback Allowed hardcover Existing Hardcover Proposed Hardcover 0-75 ’15,800 s.f None 101 s.f (0.64%) 101 s.f (0.64%) No Change 75 ’-250 ’27,800 s.f 6,950 s.f (25%) 6,066 s.f (21.82%) 6,924 s.f (24.91%) Permitted Coverage Existing Coverage Proposed Coverage 6,540 s.f (15%)3,642 s.f (8.35%)4,575 s.f (10.49%) F 4 e>)4. CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $250.00 (SSO.OO per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) Application # 03 ^ Date ReceiveT^ Amount Paid PROPERTY INFORMATION Site Address ^ /fI /T ^ < ionNuinbProperty Identification Number (P.I.D.) O ff/). Attach legal description to application if not included on required survey. Date Property Acquired_________^ __________ I (do) (do notLalso own the adjacent parcels of land. Present use of property: ^^-"^dential ___pother (specify). Zoning District:__________________________ .(month/year) APPLICANT Name_______^ 4^ Address: :2 £ Phone (home) 9.i'2 • Q O Phone (work) C y Of ^ Zip:_ —=»— • OWNER (if different than applicant) Name Address: Phone (home). Phone (work)_ City:Zip: DESCRIPTION OF REQUEST . Es^ated Construction Cost $ o<a«£) Describe request in detail: 3 r ________ (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area Lot Width Hardcover Lot Cover.' Setback:Front ide Rear Average Lakesh( Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance \ th Zoning Code requirements: _________ (attach additional sheets if necessary) 4 f •• • .. 7 : % I REQUIRED SUBMITTALS AH of the following information must be submitted bv the application deadline date In order for vour application to be considered complete: 1. 2. 3. Completed Application Form _ Certified Property Owners List of owTiers within 150', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Govt Center, 348-5910). 4. 5. 6. Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy 8/2" x 11" for reproduction. __ Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 8/2" x U'* for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy 8'/2" x 11"). 7. 8. 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). an addendum to this application, please attach a separate list of any other persons you wish notified of this application. __ Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application.' Please remember that vour variance application 1$ not complete If the above information has not been included. 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 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. Applicant's Signature Date OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto »he property by City staff, consultants, agents, Commission members, and Council members for pu.poses of investigation and verification of this request. Owner's Signature Date 2^/7- o 3 Applicant must have all submittals into^^t^ City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled re\ieu 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 attend in your place and to advise tlie Building & Zoning Office of this change prior to the meeting. » • . a. v' Ae I A -I- r B>2>/3 February 18,2003 Applicant Gary & Barbara Hegenes 2675 Shadywood Rd. Orono,MN 55331 Re: application for a variance of a side lot set back To the members of the planning commission; We would like to apply for a variance to build a single stall garage attached to our already existing double car garage. The city of Orono building inspector informed us that the code allows us to build a single car garage 10 ft from our house and 10 ft. from our lot line. The code states that if our garage is attached to our home then it must be 35 ft. from the lot line. Our request would plac^ the attached new garage 20 feet from the lot line of county Rd 19. This would aesthetically be better for the neighborhood and we currently have a 6 ft fence, blocking any side view from county Rd 19. The fence also runs perpendicular to County Rd 19, which also blocks the garage from any frontal view of traffic going north along County Rd. 19. All three of our neighbors have given us written letters approving our garage variance application. Our neighbor to the North, the Haddens, home and garage is currently within 20 ft of county Rd. 19. This is in variance to the current code and would place our garage on the same plane as their gaiage. This garage addition would be well over two hundred feet from the Hadden’i home. We would kindly appreciate your consideration of our application, as we do believe this is an enhancement to our home and the neighborhood. Respectfully Yours Him 952-471-9130 Cell 952-212-0416 JJ.C^ it fQ V >I t A 1 Ci-U. o-f O<ro'‘">0 Z-.J-C'-i r fw +« o^fr<ic<- 'X IS-'/Z'Z. VJ Cl <l j- 1 '-<■ ><. '-^ f lo-Ml dih^ jl 4 tuA 'H<ji iJjtsejuci' ^U« '6^ '*■ f<Jju Qjctjdjcj^ A_ /6 X<^c^ . ^J iU Met<kuA^ uJaJ-^ b*. <^0 i*3 luL/iA^ fiAJuCCa tO-cX^C, KJU^ AA-n^OU^y rJuy^tKu^ ^dMM. ^juj h CimlA±-UA ^ 95«i-V?J-7o<?V. (^uXkju •JjLa(e^-t.»^ <P6SS ^kMCyuOOoof ^/i Ci^CMLtm mfJ 65351 C‘»'= j W ../ \ ^ 'V s t. crv*Tr: 7^ .•' •# • "*®O',< *4) I Notes ■d Tlztof dAj9-zt40 >^2g</y jfij^ fj „2^C- c/ /dcA^t. 5^^^ 3 ’ / ^■r;? - -V-7/-9^/^ » A CERTIFICATE OF SURVEY FOR_, GARY HEGENES OF TRACT A. R.L.S. NO. 1453 HENNEPIN COUNTY, MINNESOTA LCCAL PgSCR:PTtON QT PREMISCS Tfoct A, Rtoifttrtd Lood Su^vfy No. H53. I lift of Rf9ittfor Of TUIOf. H«nntpin County. Mmnttoto. o : dtnotot iron morktr Btofln^t obown or§ betod upon on otttmtd dotin. # Tbit iu'vey {nitndt to tbow th< boundoritt of tht obovt doicribtd property, lb# locotion of on taiftinQ boute. the location of oil vtsible "hordcovtr , (tee note below) ond tbe propoted locotion of o proposed oorope tbereon. It does not purport to ibow ony other inprovomnte or ond deck tncroocfments. NOTE : Accurocy of bordcover locotion. ond eatent of odditionol bordcover Is limited by ice ond tno« cover. attoaaatnuH part ancaoren COD B15V MM GROGRONBERG k ASSOCIATES. INC ns oom ufS smctom m fum 44S It OUOV Oft lONC LAKC. Itt SS3M f.2-47J-4l4l I lean* cnrrv *mr Km. <w ap*aar •M w«an t* kC ON laoca o* mci Knmmm »m iN»r m a euiv iSMO men tmm noMO an uwo ■a ei uai o w sun o mtutK pate - ia> uamt mm • j. ILL "IScmT" r-20* part JBS 03-073 •II • • • • • • UAIU)C0VER CALCULATION WORKSUEE1* SETBACK ZONE: (CBRCLFONE) 75-250’ 250-500 ’ EXISTING HARDCOVER IN ZONE A. House X _____________ * 500-1000 ’^ 1/2 Length WidUi B. Garage C. Driveway D. Sidewalk E. Palio/Dcck F. LW.y^pe Und^ain B^^stic ^Fa^ic X X X X X X X X X X X X G. Other TOTAL HARDCOVER IN ZONK TOTAL PROPERTY AREA FN ZONE PROPOSED lURDCOVF.R IN ZQNT/ A. House _____________ Length B Garage C. Driveway D. Sidewalk E. Palio/Deck F. Landscape Underlain By Plastic Or Fabnc 0 Other X X X X X \ X X X X X X TOTAL HARDCOV'ER IN ZONE TOTAL PROPERTY AREA IN ZONE A - B i)j2 /o/ X 100 * Width S.F. SF. SF. SF. SF. S.F. BcooC SF. • • SF. S F. • SF. If ___S.F. IS. 8^ A S.F. <3. _____% A B S.F. SF. S.F. S.F. S.F. SF. S.F. SF. SF. S.F. S.F. S.F. S.F. S.F, \ 100 S.F. A S.F. B V. Jf -// - ‘-i'J UA1U)C0VER CALCULA SETBACK ZONE: (CIRCLE ONE) 0-75’^5 2S0O WORKSUEET 250-500 ’500-1000' EXISTING HARDCOVER IN A. House X B 32ZS SF. Ung^i LF.N <12 WidUi S.F. X SF. X ss,S.F. B. Garfifie X z.S.F. C. Driveway V s .....1ST S'.S.F. X B S.F. D. Sidewalk \S -Z^io SF. X E SF. E. Pdlio/Deck X e SF. X B 41 •?SF. F. Landscape X S SF. Underlain X E S.F. Bv Plastic X S S.F. Or Fabric G. Other 3 X 5 SF TOTAL H ardcover fn zone •bohb S.F. TOTAL PROPERTY AREA IN ZONE 2.^, tS'£>0 r:Z7,S.F. A * B \ 100 “Z1. & 1 % vjcrrc: SMAi^no hlaz’- PROPOSED HARDCOVER IN ZONE ic, wnT JNZJ-U'ifO = l'?>iV'S rjC'c./ - • # A. House m • IP ” X s S.F. Length X Width E S.F. X 2 S.F. X =_S,F. B. Garase T.*Z.X ,IS 4. ^30 SF. C. Drivewav X J450 ISZr'- 7^SF X a SF D. Sidewalk X m SF. X m SF. E. Patio/Deck y m y- 6^3 S.F X m SF. F. Londscaoe X m SK. Underlain X m SF. Bv Plastic X m S.F. Or Fabric 0 Other X m S.F. TOTAL HARDCOVT:R IN ZONE m ^924 SF. TOTAL PROPERTY AP.EA IN ZONE m Z 7^S.F A - B X i OO -V* 1 1 / } m “ TlMGtRJ _R^>a< W<»L f pfo/zofiz: 4> 'vvjjctO ii£Pi conctzETtc - - T*^I2£C OfCti$ COt\iC., ‘ A/c. ^:^o A B ^^-635) ppOPfiiEi> _ OClv/^vUA)^ NET ^/N DC -HfT tfxAlA/ A B j ■S' Li Vu '■f > i Si' P^:•; :■•■ cr''Jl h t ;#? CM I mi. rr * ■••,C('‘•V-*- « / 1 i t ■• 0 1. ' ■ c vh# IT * i • m i «i* ^ % *•-/J .....—HgkyW^ r' jai*a?i».'i',*fe^i:iv.-;.:' •:•• '■r.•. :A^: vV,^! x- •= ••*i-: ;-^ • >; I/> V-/:-\»• ; I ' i; • V' .'• ■• >Tt* -- . -#>■ .. i: U- I ' * *■ -¥ . •rti-'.'f'- I^ -rv 1.. • ‘ ’C-'■.’’•'■•’‘^'ti 1.. *''••■. •.•■-■'••■ksSM ' V '■- • >'.a'« l^pr- r CONCRE ft SI AU, VV/ WIRE MbSI I '■ • ,*u» f .-•t 4 ' GliAVEl. OASfc grade 3&-Hii=:r*-IIBI" I I I -*-! • J*.*, I * • k$rr .... r. .•V .<:::;^ # V *» t. * • : . *-• .y , • • V V. .Y A • • l»V7 e «n ' v-^’ © - C IV .•t* f .»•. ^v:: • ‘rttn.» r'^ ••;o !■«««#« c•• IM <« ■'~ 1ANCHOR UOLT I'y u.c.cyi CO t2 X VS' CONT CONCRETE I-OflTlKir <LOAR (i») CONTINUOUS HhRlMI-1ER — SLAB ON GRADE Tf «*•l-DWf # • • t • • 1« F . ;^:Kr3i^ “wi U-• • r.t IJOUHLL 2" X 4" TOI* I»17\TF, I • •• *.U • • • • • • /.•J •r: I -2i • :-4« is; 3 1/2“ WAL.I. STUDS 1»i* O r. •jii • •,» • :* • • • 4: • I. *>#• . •» • •% ..»*• . • I rx4"no7roMinAit 1 4" CONCRETE SLAB W/ W!RH MIESII -1 * OR a VLL r»ASE I-~ ! f Ci T ‘■■'A' 1/2' EXTERIOR SHEATIMNG 2“X4 “TRUSSES24"O.C. 1" CON r. AIR SPACE DRIP EDGE —11"Xiy FASCIA 2" X 6" SUB FASCIA •SOFFIT - aclu/«\-..»ium 2" X 2" SOFFIT NAILER 12'*LAP SIDING *-VXwVL 1/7" rXTI-RIOR ni IFATIHNO rs3 • f-O S O••r\) 03 C-wi * w o v> <T- OC 13 • 1/7* ANCI lOR noi T n* o c H /;■( J • » 'Vr-^ -‘■l.T _____ GR/U3E ^ * *'Iw' I” iTr •• r/:u.--t^,-:r[ir-||-|''------ 4- jr X IT CON I. CONCRLTE FOG TING RE3AR (2) CONTINUOUS @ PERIMETER ai Hennepin County Taxpayer Services Departrheht r.'Jr- T9 w i f . • . r ** •**‘*.v 1 (I reef Infonnatlon irc«l ID 2111723240083 H pum Numbpr 2675 Strap! NaiiiP SHADYWOOD RD TNs is not a legally recorded map. n represents a compMion ofMormallott and data from Oty, County, and State road authorities and other sources. RUN DATE :2/IM0U HENNEPIN CX)UNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST PAGE: I M 2III72JU00I9 PROPAOOR 2M0 PHEASANTRO OWNERNAME MJAGRPUOIL TAXPAYER MICHAEL J* GAIL RPUDIL NAME/AOOR M90 PHEASANT RO EXCELSIOR MN SS33I 3B 2111723230020 PROPAOOR 26W PHEASANTRO OWNERNAME MAAKMOOL'IFF TAXPAYER MATTHEW A KATHLEEN DOLUFF NAME/AOm 2680 PHEASANTRO EXCELSIOR MN 35331 38 2111723230021 PROPAOOR 2670 PHEASANTRO OWNERNAME RAYMONOEXHINSON TA3G>AYER RAY E JOHNSON NAME/AOOR 646 FERNOALE RO W WAYZATAMN 33391 Vi 38 2111723230022 PROPAOOR 2660 PHEASANTRO OWNERNAME GWHAYHURSTAOLHAYHURST TAXPAYER GREGORY W A GAYLE LHAYHURST NAME/AOOR 2660 PHEASANT RO EXCELSIOR MN 33331 38 2111723230023 PROPAOOR 2633 SHAOYWOOORO OWNERNAME TJHAOOENAJMMHNSON TAXPAYER TJHAOOENAJM JOHNSON NAME/AOOR 2633 SHAOYWOOO RO EXCELSIOR MN 33331 38 2111723230030 PROPAOOR 2683 SHAOYWOOORO OWNERNAME R W BROWN A M H BROWN TAXPAYER RICHAROW A MARION II BROWN NAME/AOOR 2683 SHAOYWOOO RO S EXCELSIOR MN 33331 k * • t 38 2III723240046 PROPAOOR 2680 SHAOYWOOORO OWNERNAME JOSEPHOARRITANO TAXPAYER JOSEPH OARRITANO NAME/AOOR 2680 SHAOYWOOO RO EXCELSIOR MN 33331 38 2111723240032 PROPAOOR 2670 MAPLERIOOELA OWNERNAME PAAUTTLEIV TAXPAYER PHILIP IV A AMANOAS UTILE NAME/AOOR 2670 MAPLERIOGE LA EXCELSIOR MN 33331 38 2111723240033 PROPAOOR 2673 SHAOYWOOORO OWNERNAME GARYEHECENES TAXPAYER GARY HEGENES NAME/AOOR 2673 SHAOYWOOO RO EXCELSIOR MN 33331 1. ' > I, • $. *• • •». 38 21I1723240033 PROPAOOR 2693 SHAOYWOOORO OWNERNAME TOOOAROBIOEAU TAXPAYER TOOO ROBIOEAU NAME/AOOR 2693 SHAOYWOOO RO EXCELSIOR MN 33331 38 2111723240036 PROPAOOR 2693 SHAOYWOOORO OWNERNAME SOABAPAULSON TAXPAYER STEPHEN A BOTHAINA PAULSON NAME/AOOR 2693 SHAOYWOOO RO EXCELSIOR MN 33331 I CERTIFY THATTHE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARSTHIS DATEONTHE RECORDS OFTHB HENNEPIN CXXmTY TAXPAYER SERVICES OEPARTMENLTO OFMY KNOWLEDGE AND BELIEF. ^ DATE^' BY PERMIT RECORD Permit Mo. -W±— Date S- /fl-iufl 35^7 V-li- 77 1 a.s9C, —Sle^k_____ P^.<i9o^ Jj2 S'/OS- -hShlL. r03r7(j^ (a- //>9'7- C0. o?675"xi/iC'0^^t0e>« «:< 7?:/ * • Type of Permit ^ /^c/nuu/* PJ. _ _ _ _ _ _ 3 V<> % f- m. ■■ 'a r- wwAa<*.jMVi«ar JHV AoTjav Mrann« M0 ^ j~r '^Ms iy f:. ' am > '-* .-’»’ at MU suju Mto- ■taj flr 0n r^awr^-v* __,«w •r’jci'^ i»f •** jr »•'»• tMu -• jttLJ" ■^. r-'s:^ rr >■V V S M. >[1601 cvayewfW mm fev ■ ’.': ail?' ■ t.rl 'Vvl ■ r.V.?liv i I i/ • / <V: Y ^ a*i^ > • I tff pvaoppsep . -^EaBbL-^ # ■ 5 3 7^-^./-><'■.-^ ;r? 3x i i^- -Jf rr^'r ^ / -/*. * P -'r mi P- new fMA iwif- €!(■ Ttte -rocuw iV!?- vfti\i^fw cpfwibuen to sHptxum) fso.;) 1 K \ \/?-L: \ ' (■ / 'V ^gytey-- mm^nSS^ 1. EXISTING HOME '-1 .r •••.V >A';'/-..i' '••-*“. .'V /< ■•'•. • :/•%'■ ■{:.,; •. ... '‘.‘A. • :-Vr>iN{i*?S8 ,-'iv ,■■;. ■''V. i * tcJi; ^ I wl t :'■ ^■'^532 ♦ * -f ••••%'^SLr '* % r> -• * p f , / r'T' ' -k « - ■ ^2mmm Bi * »" •-W-. ..'A IlE..:4:f .Iv'.A - r '. • T ■■ : r ■ " r. t l. ■^•1 -w., 2 w .V.»r '%>-. *r.*:-* :4r-"-='S ,i.. . -- r« - '• ' VT*r* — »——**»• .^ii •-:.. V •;<_____ -■ * * ♦*} r.JT^ jwjt ‘*ft«. i— *' i' r 'i■rjh? VIEW FROM SHADYWOOC ;*■•. ' yC~'^ 'vy ..^ f-<’ r -i- rt-'‘-'rr^' ■ ’ V.-, rr -a --• V t •r-". n 'T^* k ' f • ' • , * m 'S*:V^ ' ; •mmmm ■Yvap;:,^. .■'^.V ... • »# ■ ^ ■*!.** • ^• m-mm m —f ■ ''■■ •£.. i" *!^ > -• -: lJCS: \ N , 4 \ |/ . ‘-4 •f j' ''*• N •i 'v ■■•3 % v-\ r I r V m mt \* I.' J ‘ 1 'i * .^ • 1 iTnilJUX ”' L.t4 '^ji ; ^ :■ 'f. • ■ • . t. > ,:»5,. ,J ■»^ . -Z .'-rJi-f. — -Tsy , t* ’..•••-.s^ •• . ':-• ’?H"i ■■ ! V \ ' '.-r •■■•.•■ ' ■»■?.•■' . V V'^*‘ K >- • • ■ ~<“* - -a ■■■* ->->■—_ ,1. ■ I 11 ■ I 'fHCT \ k> . J>* ♦ «'( ■*■ *■' . -•••■ •' > Clf - • '' . 1 V- *T^:' 'SP ^ r*r»fgnr^^ »»I.T?- s - « V V . *«r:~ • ♦'^;^ ^v.' I *'i ‘- ^’ 3^**'-^ '-i ' .'•^ Zr NORTH ADJOINING NEIGHBOR 15’ FROM SHADYWOOD ••>>.: mams^^Emm mmm:iimm *w r.r^- IT '..M . ' " • • .:>', -f I »»—■» ”—- »<r TT P"V •' ' ■• • ••irr ■ •• “-•*• * ?T i U .^L^rnrnJi^lmL^ik^ZLSl • «»' - -> * • , \ •aru r \t; \ I t > I ■■ « ;;*a m Wmm —• -- ■ * * .V.' ‘*^ —'ri_. - . II » ~ iT.V“ •-’ ■• ; .' v' - Sv»f'£Vr^:fC'- *5 aif:■7vf • ; “1/ '' k. y - .1 •- :i .'.i .# •y' -•1^ *>** si-'..—1 4. wr* r« ^ • » 4 • C\# ____ / / /» i,r.i. •■^ ' Iv \mm AiJ*im , t MJ- V»»<1 i .# r V* <\ '"J'AlS*' 5... /> . *1 >•..M''*..'<• iT* H 4J -4^ #01-2714 • 1340 Baldur Park Rd. March 19, 2003 Page 2 include: 1. 2. City has been unable to obtain proper sewer easement from Rill Franklin. The status of the easement is as follows: Mr. & Mrs. Franklin signed an easement document in late 2001, which the City staff forwarded to the City Attorney for filing. Afier obtaining Franklin’s Certificates of Title, the Attorney in April 2002 concluded that the easement could not be filed without minor language revisions documenting the Franklins’ marital status. Greg Gappa subsequently sent a revised casement document to Franklin on August 8, 2002. Franklin never returned it. Gappa sent out a second copy on November 8,2002, w hich has never been returned. These never w ere returned to the City by the Pest Office, so w e must conclude that Franklin received them. In January 2003 Gappa then attempted to file the casement which the City Attorney had rejected, and the County Registrar would not accept it because the Franklins’ signatures were in black ink and could not be confirmed as original. Construction of new septic system last fall. Last fall the applicant had a contractor install a new septic system to serve the existing residence. City Inspector Matt Bolterman confimicd that the new' system has design capacity for only a 3-bcdroom home, and that there was not room on the site to construct primary and alternate systems for a 5-bcdroom home as was proposed and approved in Resolution No. 4720. It appears that both conditions a) and b) have come to pass, since the applicant can’t comicct to sewer absent an ca.semcnt, and construction of a new home to be connected to a septic system is inconsistent with the conditions of approval noted in the resolution. Applicant’s Request 1 he applicant requests that the variances be renew ed but with removal of the condition requiring connection to sewer. This request first came to staff in late October 2002 but followup was delayed due to Paul Weinberger’s leaving. It is staffs conclusion that a formal variance renewal application is necessary, but the request for changes to the conditions of approval suggests a review by Council is warranted as “old business for discussion prior to processing a formal renewal application. SlafT Kcrummendation .Staff recommends that applicant be advised to 1) redesign the house to a 3-bedroom configuration, and 2) to make a new (not renewal) variance application for a revised house plan and connection to the existing 3-bcdroom capacity septic system rather than to City sewer. As an alternative, to preserve his 5-bedroom design, staffsuggested to applicant that he might again request that the City condemn an easement for sewer. Staff is requesting Council direction as to w hether there is any support for proceeding w ith a condemnation. Once an casement becomes #01-2714 -1340 Baldur Park Rd. March 19,2003 Page 3 available, the issue remains as to whether the sewer construction would be a private project involving both Franklin and Puzak, or whether it would be completed and assessed as a public project. Another alternative would be to allow construction of the 5-bedroom home connected to the 3- bedroom septic system, and require that the house be connected to sewer as soon as it becomes available. The obvious risk is that this or a subsequent owner might overuse the system and cause it to fail. The variances granted on November 13,2001 expired on November 13,2002 because no permit was applied for nor obtained before the expiration date. The City notified applicant twice in writing of the expiration date and the need to sign the resolution copies to validate them before building permits could be issued. Applicant never signed the resolutions. From staffs perspective, despite applicant’s ongoing discussions with Paul Weinberger, the variances have technically expired and a new application must be processed. COUNCIL ACTION REQUESTED Provide direction to applicant and staff regarding the following: 1. Should applicant be allowed to construct a new home without connection to municipal sewer? 2. If so, should the house be reduced in size from S-bedrooms to 3-bedrooms to match the design capacity of the septic system? 3. Is there any basis to allow variance renewal without going through the formal review process? ' . *0^ GITYoT ORONO Municipal Offices Street Mdress: 2750 Kelley Parhway Orono, MN 55355 Mailing Address; P.O. Box 66 Crystal Bay, MN 55323 0066 Fred Puzak 1340 Baldur Park Road Wayzata, MN 55391 Re: Variance Extension Dear Mr. Puzak: I have reviewed with pertinent City staff your letter of February 17 requesting amendment of Resolution No. 4720, as well as your October 22 request for review by the City Council. Unfortunately, when Paul Weinberger left this was one of a number of items for which followup was delayed, and 1 apologize for the inconvenience. There are a number of issues potentially for discussion with the Council, including: 1.Citv*s inability to obtain proper sewer easement from Bill Franklin. The status of the easement is as follows: Mr. & Mrs. Franklin signed an casement document in late 2001, which the City fonvarded to the City Attorney for filing. After obtaining Franklin’s Certificates of Title, the Attorney in April 2002 concluded that the easement could not be filed without minor language revisions documenting the Franklins’ marital status. Greg Gappa subsequently sent a revised easement document to Franklin on August 8, 2002. Franklin never returned it. Gappa sent out a second copy on November 8,2002, which has never been returned. These never were returned to the City by the Post Office, so we must conclude that Franklin received them. In January 2003 Gappa then attempted to file the easement which the City Attorney had rejected, and the County Registrar would not accept it because the Franklins’ signatures were in black ink and coula not be confirmed as original. Construction of new septic system last fall. Last fall you had a contractor install a new septic system to ser\e your existing residence. City Inspector Matt Bolterman confirmed that your new system has design capacity for only a 3-bedroom home, and that you did not have room on the site to construct primary and alternate systems for a 5-bedroom home. 3.Variance expired November 13.2002. The variances granted to you on November 13,2001 expired on November 13, 2002 because no pemiit was obtained before the expiration date. The City notified you twice in writing ofthee.xpiration date (attached letters by Deputy Clerk Rachel Dodge dated Januaiy 29, 2002 and June 5, 2002) and the need to sign the resolution copies to validate them before building permits could be issued. You have never signed the resolutions. From my perspective, despite your ongoing discussions with Paul Weinberger, the variances have technically expired w ithout action by you to sign them or obtain a building permit. Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.inn.us J r 0 t Fred Puzak March 7,2003 Page 2 Yiriong? P^iclcet mailed to you Fehmarv in Wendy Bottenberg mailed you the vanance renewal forms on February 10, as it is staff’s conclusion that you need to file for renewal of the variances. M?w vonfflpe oppliyatipn required. Variance renewal applications are accepted with a reduced fee when there are no changes proposed. However, you apparently will be requesting to not have to connect to sewer, which is a change from the original approval. Therefore, your application will be considered as a new request rather than a simple renewal. I would assume that some of the Exhibits from your prior application will still be applicable; however, a I also assume that you will be providing a revised house plan ^veri that your septic system is capable of supporting only a three bedroom home, and the plans we have on file indicate a 5-bedroom home. ResoluUon No. 4720 contains language indicating that certain conditions will trigger further review by the City Council, i.c.: a) if it is determined that connection to sanitary sewer is not possible; or b) if it is found by City staff that the final construction plans are not consistent with vanance approvals. It appears that both conditions a) and b) have come to pass, since you can’t connect to sewer absent an easement, and construction of a new home to be connected to a septic system is inconsistent with the conditions of approval noted in the resolution. Therefore, I will place your request on the City Council s March 24 meeting agenda. My recommendation to the Council will be that you be allowed to redesi^ the house to a 3-bedroom configuration, and that you be advised to make a new variMce application for a revised house plan and connection to the existing 3-bedroom capacity septic system. As an alternative to preserve your 5-bedroom design, you might again request that the City condemn an easement for sewer, however, this will undoubtedly slow things down You had requested a copy of the City’s file on the proposed development of the adjacent lots. No formal appheatmn for such development has been submitted to the City, and there is no known application pending. I have no file to forward to you. Regarding your 4 item request of June 20 as to platting requirements: ^ 1) 2) Replalting would be classified as a Class ID subdivision as you correctly noted. Baldur Park Road was originally platted in 1912 at a width of 30’. Neither the platted rieht- of-way nor the paved width of Baldur Park Road meet current City standards for public roads. The current standards are 50’ right-of-way and 28’ paved width for a local street that Lands abutting Lake Minnetonka above the 929.4’ OH WL contour line have historical ly been credited by Ororio toward area requirements, except when such land is determined to be recognize that portions of the area of the Flood Fringe (bet\v een 929.4 and 931.5 ) are occasionally inundated, and allowed uses within the Flood Fringe are limited by the City and other regulatory bodies. Wetlands would be subject to conser\ ation easement dedication. \ < « FrcdPuzak March 7.2003 Page 3 4) Development involving the creation of new building sites is normally subject to an 8% Park Dedication (8% of the land or equivalent in cash) as well as a Storm Water and Drainage Trunk Fm of ^,050 per acre in Ae acre zoning district. Sewer Coimection Charges on a per ^t basis mi^t also apply; however, it is likely no such charges would apply to replatting of Franklin's lots because he would be incurring the cost of extending the sewer to serve his properties. I hope this provides you with some long-awaited answers. Enclosed is a variance application packet for you to use in making your new request The next deadline for applications to be submitted is Wednesday, March 19 at noon for review at the Planning Commission's April 14 meeting. City staff are available to meet with you to discuss any aspect of your project prior to the March 24 CouncU meeting. Please feel free to call me at 952-249-4600 if you have questions. end. cc: Greg Gappa, Public Services Director Lyle Oman, Building Official Wendy Bottenberg, City Planner Rachel Dodge, Deputy Clerk Mike Sharratt oqa\n Mol/ cmror orono Municipal Offices Stmt Mdms: 2750 Kelley Pailany Orono. MN 55356 Malllnf Address: P.O.,Bos 66 Ciys'tal Boy, MN 55323 0066 August 8,2002 Mr. William Franklin 1730 New Brighton Blvd MinneapoUs,MN 55413 RE: Baldur Park Easement Dear Mr. Franklin; In March of this year, you had signed and returned to the City an easement agreement for utility purposes across your property. This easement could not be recorded, at Hennepin County, because your marital status was not listed on the document. The City Attorney has provided a new easement form that he would like signed. This is a newer form that has been revised from the original form that you had signed. However, the intent of the document is still the same, to provide the City a permanent easement for the installation and maintenance of public utilities across your property. Pleas sign and return this easement document at your earliest possible convenience. Please contact me at 612-249*4621 should you have any questions regarding this easement. Thank you for your assistance in this matter. Sincerely; 9^ ■UC‘0i^ Gregory A. Gappa Director of Public Services Tdcpbooc (952) 249-4600 • Fax (952) 249-4616 wwwxiMWM.nui.iis rr I HINSHAW & CULBERTSON iltXtVnXI.ILUIKNS CKAUPAlOH^ILUKOtS CKICAOO, ILLINOIS CR YSTAL LAJU. ILUKOU lOUIT.ILLlNOia USUUUINOIB nORlA, ILLINOIS ROCVYOftO. ILLINOIS SSSlNOraLD. ILLINOIS WAUXSOAH. ILLINOIS KfUIAmUYTOWm sunt 1100 Sa SOUTH mNTHffntSST IONNIAPOUS, MINNISOTA 55402 il2J35JC4 TtUFAXiiusisns SHOtNDQ ARIZONA SAN PRANasCO. CALVOPNU FT. LAUDIROALS, FLORIDA lACRSONVILLI. FLORIDA MAML FLORIDA YAMFA, FLORIDA SCKlRtRVILLS, DIDIANA ST. LOUIS. MISSOURI AFFLSTON. WISCONSIH lOLWAURIt. WISCONSIH April 9,2002 «inmooiscTiiiALNa 612-334-2S16 ruKo. 754868 Gregory A Oappa Director of Public Services City of OroDO P.O. Box 66 Crystal Bay. MN 55323-0066 . w Easements Dear Greg: Enclosed is an easement form that we prepared some time ago for the C. : Orono. I am returning the Franklin easement When individuals sign a real estate conveyancing document, h is necessary to designate their marital status (either single or husband and wife). This is necessary so that the document can be recorded. Would you like to redraft this easement on the prescribed form? If you want us to do so, we can. Please caU. Rotfe A^orden cc: Thomas J. Barrett, Esq. (w/enc.) HCMDtV4TIVMSS«MrT.v| «90M3 AzH 3-11 -oi CITYcT MiioldiMl Strait Addnsi: 2750 Kelley Pattiway Oroao. MN S5356 Maiiiaf Mdrats: P.O. Box 66 CiysUI Bay. MN 55323-0066 SECOND REQUEST June 5,2002 Frederick Puzak & Julie Thometz 1340 Baldur Park Road Wayzata. MN 55391 RE: Variance Resolution Dear Fredrick & Julie: A resolution #4720 located at 1340 Baldur Park Road was approved by the Orono City Council on November 13,2001. The variance expires November 13,2002, it is important that this variance is signed before it expires. Please stop by the City offices located at 2750 Kelley Parkw ay, to sign the three copies of this resolution, so the City may then proceed with filing procedures. Before issuance of any building permits, your signature is required. Please reference Resolution #4720. If you have any questions, please call me at (952) 249-4600. Sincerely, Rachel Dodge Deputy Clerk Tdephooe(«S2)24M400 • Fax(9S3)24M614 wwwxLoromuniMtt II j ’.'•'■'Mir ■2-H-oi cmroT ORONO Municipal Offices Strait Mdrtifc 2/50 Kelley Parinvey Oroflo. MN 55356 Mailing Mdrats: P.O. Box 66 Crystal Bay, MN 55323-0066 January 29,2002 Frederick Puzak & Julie Thometz 1340 Baldur Park Road Wayzata, MN 55391 RE: Variance Resolution Dear Fredrick & Julie: A resolution #4720 located at 1340 Baldur Park Road was approved by the Orono City Council on November 13,2001. The variance expires November 13,2002, it is important that this variance is signed before it expires. Please stop by the City offices located at 2750 Kelley Parkway, to sign the three copies of this resolution, so the City may then proceed with filing procedures. Before issuance of any building permits, your signature is required. Please reference Resolution #4720. If you have any questions, please call me at (952) 249-4600. Sincerely, Rachel Dodge Deputy Clerk Tdepbooe (952) 249-4400 • Fax (952) 249-4414 www.cLorooojnii.tis Febniary 10,2003 FredPuzak 1340 Baldur Park Road Wayzata,MN SS391 /-S', V CITYdP ORONO Municipal Offices Strut Mdrasi: 2750 Kelley Parlmray Oroflo, MN 55356 Mallinf Address: P.O. Bt« 66 Ciystal Bay, MN 55323^66 Mr. Puzak:•• Please find enclosed an application renew your variances. Also included in the application is the submittal list and deadlines for submittal. The next deadline is February 19,2003. If you have any questions, please feel free to call at (952) 249-4600. Sincerely, [.(lI tu'C Wendy Bottenber, City Planner Enel. r 1Ucpboiw(fl2)24M600 • Fax (952) 249-4616 srenr.cLorooojBa.uB k 8' l340BaldurPafkRd. Orooo, MN S5391 Mr. Mike Gaffioo City ofOrono 2750 Kelley Parkway Orono, MN 55356 February 17,2003 CERTIFIED MAIL RETURN RECEIPT CV. .. ** Re: Amendment to Variance Resolution #4720 1340 Baldur Park Rd. (Lot 30, Block 1, Baldur Park) DearMr. Gaffion: This letter is a follow-up to our letter filed October 22,2002, copy enclosed. During a telephone conversation with Mr. Weinberger last October regarding the ongoing lack of city sewer availability, he recommended that the Resolution be returned to Council for amendment, and assured us that City staff was aware of our ongoing file. He said there would be time for this to be handled prior to the November 13,2002 renewal date, and said that it would be put on the November 12,2002 Council agenda. It has been over four months since that conversation, without any response from the City. As our request for amendment was filed October 22,2002, this issue should have been returned to Council as old business. Please let us know when you can have an informational package prepared for Council. We are requesting that the Resolution be amended to delete any reference to city sewer, as the sewer remained unavailable and we now have a new, state-of-the-art CODE private sewer, as was recommended by City staff. Additionally, we sent a letter June 20.2002. also enclosed, requesting clarification of issues regarding the proposed neighboring subdivision, which has not been answered. In all fairness, a response from City staff is long overdue. Sincerely, Frederick Enel. Copy: MikeSharratt ie Thometz e-2 r-f;T ?; pnr.^ UIU Ur UHONo Frederick Puzak ft Julie Tbometz 1340 Baldur Park Rd. Orono, MN 55391 Mr. Paul Weinberger Chy of Orono 2750 Kelley Pkwy. Orono, MN October 21.2002 Re: Variance Resolution #4720 Dear Mr. Weinberger: As 3fOU may remember, we were granted variances to construct a new home last November wth the condition of hooking up to city sewer. We have now waited another a utility easement across the neighboring property, as promised by its owner, Mr. Bill Franklin Out of necessity, we are now proceeding with the installation of an approv^, code compliant 3BR private sewer system which should be completed by the end of the month. < ' As the Planning Commission recommended approval of our plans upon installatiofi of a code compliant septic system, we ask that the variances be renewed for another 12 months without the condition of city sewer hookup. As residems of Orono for the past nine years, we greatly appreciate the quality of life here, and would now like to proceed with our plans to accommodate our growing family. If possible, we would like to bring this old business to City Council on October 28th Please advise. 952*471-9229. Sincerely. Frederick Puzak Julie Thometz Frederick Ptizak Box 158 Spring Park, MN 55384 Mr. Paul Weinberger City ofOrono 2750 Kelly Pkwy Orono, K04 55356 June 20.2002 Re; Frankiin/Hessburg Development Lots 21 — 29,31 -33 BOc I, Baldur Park Dear Mr. Weinberger: As a follow-up to our telephone conversation of June 6.1 would appreciate receiving a complete copy of the City’s file on the proposed development of the above mentioned lots, including staff notes and recommendations. Also, please confirm that the foUowing requirements would apply; 1. ) Replatting would be classifi^ as a Class III subdivision due to the extension ® **®‘^*®*^” of public roadway and request for flexible zoning (I I 03 subd. 2.66.C.2 through c.4.). 2. ) Minimum public right of way required is 50* (28’ pavement width) and maximum cul de sac length is 1000’ (11.33 subd. 4.). Does Baldur Park Road meet these requirements? 3. ) Flood plate (below elevation 931.5) and wetlands shall be dedicated as conservation easements and not be utilized for computing the area requirements for any lot (11.41 sub. 2 .E and 3.B.4). 4. ) Pursuant to Sec 11.62, prerequisite to approval of a final plat is the dedication to the public of 8% of the land being platted, or equivalent cash contribution be made by the developer (e.g. 8% of $1 million = $80,000). Also, please confirm that Mr. Franklin has not provided a utility easement “free of charge" as he promised eight months ago at the City CouncU meeting on October 22 2001. Thank you for your clarification of these matters Sincerely, Frederick N. Puzak oI o\CITYofORONO RESOLUTION OF THE CITY COUNCIL NO. 4 7 2 0 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 AND 2; SECTION 10.56, SUBDIVISIONS 16 AND (L) 1 AND 2; AND SECTION 10.55, SUBDIVISION 8 FILE NO. #01-2714 WHEREAS, Frederick Puzak and Julie Thometz (hereinafter "the applicants") are owners of the property located at 1340 Baldur Park Road within the City of Orono (hereinafter "the City") and legally described as follows; Lot 30, Block 1, Baldur Park, Hennepin County, Minnesota (hereinafter "property”); and WHEREAS, after due published notice and mailed notice In accordance with Minnesota Statutes and the City of Orono Zoning and Plaiming Codes, the Orono Planning Commission held a public hearing on September 17, 2001 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 a variance to Municipal Zoning Code Section 10.22, Subdivision 1 and Section 10.56, Subdivision 16 (L) (1) to permit 1.675 s.f. (9.8%) hardcover within 75' of the OIIWL of the lake where 2,113 s.f (12.4%) exists and no hardcover is allowed; Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to permit 2,885 s.f (63.6%) hardcover where 3,219 s.f (70.9%) exists and 1,135 s.f (25%) is allowed; Section 10.25, Subdivision 6 to allow' construction on a lot of 0.495 acres where 0.5 acres is required; and Section 10.55, Subdivision 8 to permit replacement of structure within 75' of the lakeshorc for construction of a new residence on the property. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #01-2714. 2. The property- is located in the LR-IC One Family Lakeshore Residential Zoning District where 0.5 acre is the minimum lot area requirement. The property has a lot area of 0.5 acre. Page 1 of9 r r GITYof ORONO RESOLUTION OF THE CITY COUNCIL NO- 4 h a 2001 and recommended approval on a vote of 7 to 0 to approve variances as requested based on the following findings: A. B. C. D. E. F. Property owners propose to remove the existing residence and construct a new residence. The property is located at the end of the Baldur Park peninsula. Because the lot is located at the end of the peninsula most of the lot area (79% of the lot) is located within 75' of the lakeshore. Only a small portion of the property is located outside of the 75' setback. Due to setback requirements, most of the 75' - 250' setback area is not buildable due to street setback and side setback requirements. The property is located in the MUSA area. The applicant’s house is the only house on Baldur Park not connected to sanitary sewer. The property is not served with sewer because the sewer se^ice stops at the end of the public maintained Baldur Park Road. The existing residence is not connected to sewer because an easement for utility or sewer purposes would be required across the adjacent properties to Baldur Park Road. The property has an easement for driveway purposes only. The Council approved a preliminary plat subdivision approval in 1982 for two lots between the subject property and the end of the maintained Baldur Park Road. Using the preliminary subdivision approval from 1982, the City can assume there is a possibility that there are two building sites south of the property. Based on this assumption, a total of 3 lots will ultimately require sewer connection. The property also has an easement over Lot 31 for private septic purposes. There is one system located on Lot 31 that is listed as compliant because it is more than 3' above the seasonal water table. The sptem is noj compliant with all regulations because the entire drainfield site is located within 75' of the lakeshore. Occupancy of a new house requires the septic to be replaced. Page 2 of 9 01 o\GITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 7 2 0 5. 6. 7. 8. 9. G. The proposed structxire does not exceed 15% of the lot area. 4. The property is located within the Metropolitan Council defined Metropolitan Urban Services Area (MUSA). Only properties within the MUSA are permitted to have sewer connection. The Baldur Park peninsula was part of the 1965 LS #1 sewer project. The house is located on Lot 30, Baldur Park about 500' to the existing municipal sewer line in the Baldur Park Road right of way. Completing the connection to the municipal sewer line requires a public utility easement over the adjacent properties to the east. All of Lots 21 through 33, Baldur Park were in common ownership at the time sewer was installed in Baldur Park Road. The house located on Lot 30 was required to connect to sewer following final installation of the sewer. In 1974 Lots 21 through 29 and Lot 33 were sold separately from Lots 30 and 31. Lot 31 was later sold separately. Before Lot 31 was sold separately an easement was granted in benefit of Lot 30 for a private sewage disposal system. The existing private sewage disposal system located on Lot 31 for the house on Lot 30 is non-compliant due to the system being located within 75' of the lakeshore of Lake Minnetonka. The properties east (Lots 21 through 29 and 31 through 33) are under common ownership, although separate o\\Tiership from Lot 30. At the October 8, 2001 City Council meeting the property owner of Lots 21 through 29 and 31 through 33 has offered to grant a public utility easement to allow connection for Lot 30 to municipal sewer, and a willingness to share in the expense for sewer construction. 10. The City of Orono has adopted a sewer policy as part of the 2000-2020 Comprehensive Plan. The sewer policy states the following as it relates to areas in Orono that are within the MUSA: A. The primary method of sewage treatment and disposal within the Urban Area will be municipal sewer. Page 3 of 9 GITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. <1^20 11. 12. 13. 14. B.Orono will provide municipal sewer to lakeshore areas and non-lakeshore areas within the MUSA when it is determined that municipal sewer is preferable to long-term use of on-site sewage treatment areas. C.All sewer-serviced properties must be connected. Consistent with the regulations of the Minnesota Health Department and the MCES, every building intended for human habitation, occupancy or use shall be provided with suitable sanitary facilities and shall be connected to the municipal sewer system whenever a sewer lateral serves the property or is within a reasonable distance of the property. Municipal Code Section 12.30 regulates individual sewage treatment systems for the City of Orono. This section requires that building permit applications for new residences require Code Systems. TTie existing system is not a Code System because it is located within 75 ’ of the OHWL of Lake Minnetonka. It is the position of the City of Orono that a new residence should connect to municipal sewer service following extension of the sewer line from Baldur Park Road. The existing house was required to connect to municipal sewer following the 1965 LS 1 project and did not. The property is located within the MUSA and in the Shoreland Overlay District. In the Comprehensive Sewer Policy Plan (CMP Part 4 (C)) a principal goal of Orono s planning program is the protection of natural resources and environmental amenities, particularly the water quality of Lake Minnetonka. The major pollutants affecting Lake Minnetonka are contained in sewage effluent and stormwater runoff. Orono ’s sewage treatment policies are directed at minimizing or eliminating pollutant sources. The Council finds that connection to municipal sewer is the only viable long term solution to protecting the water quality of Lake Minnetonka. A private sewage treatment system, on the point of the Baldur Park peninsula would have lakeshore on three sides of the system. Page 4 of 9 oT o\ M^iii ill- tC' ^4? CITYof ORONO :5»C8BO. RESOLUTION OF THE CITY COUNCIL NO. 4 ? ^ 0 15.The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances 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. 16.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 commu.iity. 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 1 and Section 10.56, Subdivision 16 (L) (1) to permit 1,675 s.f. (9.8%) hardcover within 75' of the OHWL of the lake where 2,113 s.f. (12.4%) exists and no hardcover is allowed; Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to permit 2,885 s.f. (63.6%) hardcover where 3,219 s.f (70.9%) exists and 1,135 s.f (25%) is allowed; Section 10.25, Subdivision 6 to allow construction on a lot of 0.495 acres where 0.5 acres is required; and Section 10.55, Subdivision 8 to permit replacement of structure within 75' of the lakeshore for construction of a new residence on the property subject to the following conditions; 1.The existing non-compliant septic system is required to be abandoned per state and local requirements and a new residence shall be connected to sanitary sewer. If it is determined connection to sanitary sewer is not possible additional review of the variances by the Council is required. Page 5 of 9 H CITYofORONO RESOLUTION OF THE CITY COUNCIL NO. ^ 7 2 0 2. 3. 4. 5. Any amendments to the individual site and building plans shall require Building and Zoning Department Staff approval. Staff findings shall be made that the final site and building plans are consistent with the approved plans. The Building and Zoning Staff shall refer any plans to the City Council that are found to not be consistent with the variance approvals. Authorities granted by this variance run with the property not with the applicants, but wr ixonissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance >vill expire on that date (November 13, 2002). Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The tmdersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. GITYof OROXOmRESOLUTION OF THE CITY COUNCIL4 7*^0NO. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 13*'' day of November, 2001. ATTEST: Lmda S. Vee, City Clerk Property Owners STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 13th day of November, 2001 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. DENISE M.LESK1NEN / Notary Public jL STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this ^4^ day of November, 2001 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. (Ss DENISE lilfSKINEN HOTAIWR)«JC-l*i*WJ2Lly CoBiiii^OB in** J* Notary Public Page 7 of 9 f t 'A % fa CITY of ORONOm ^ESHyl RESOLUTION OF THE CITY COUNCIL NO. 4720 STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of ..20 jpersonally appeared before me. wdio is personally known to me whose identity I proved on the basis of whose identity I proved on the oath/affirmation of _______________, a credible witness and wdio executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of -.20 jiersonally appeared before me. who is personally known to me whose identity I proved on the basis of whose identity I proved on the oath/affirmation of j a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public Page 8 of 9 / 4720 CERTIFICATE OF SURVEY FOR . FRED PUZAK OF LOT 30. BLOCK 1. BALOUR PARK HENNEPIN COUNTY, MINNESOTA « GXHIBIF ALAKE Minnetonka Lerr bus ........................N.^ I... '•.nl • LECAL OCSaW»tlCN cr PWEUSCS : • I Col yO» Blocli I. Bcidut PorV. le^tlhcr on f9Stm,n| for prUott Sff*tf tytttm pi^ootct ovtr lot 3t. BiceW I. 01 cenlointd In ClC WO 1440581. r4fS of Pt9<strc^ of Tittfl. Co^ty. Uinr^tolo p^«ceo £>i;i>x >46 AI9<T» A*»D ,WC«,<V reC'^EO £|'< CHAMATT «W>«D0JA<^ casi^ CO, Wl'>«iA»JCe SlftAATTM- QST i • tol o : 4or«etft Iron morktr (ffai): dmotfl taittin^ tpol tifwoHea moon tco lc««l dott/n ^ -i#4* - » : 4mottt talftw^ contoi^ «r»f. men ito lf»fi tfalun koTE 0€orindf ino«n on bond woon‘e<r oisgm7~3STI7^ T>as centaur inlerml^ n t^»n ffom o^^ dotod n»9»S I. -p®' Thii ftrvty Inlondi to tho« thi bou^ttt of th« 0^o«t dtscribtd prop^ty. Iht loeollen of on tiltlinp hotut. ond the lecoHcn of d a«»bi« **Kadco«^* Ifnrton II Pott not P«^porl to tfiO« ony other irrproiro«ntAlt or tnc'oecHr^ti. •Atf ci:Mrn» • . oomii»oKmiiiiHi. iNa *t(v I ^ gMMtfx ootm uo m aew 401 liMiiiol l¥Mt.i0iC UfC. iM SSJM «12«t75.4f«| • *••*## »%» n»« ^ «•••! •M «v«no •» « « uooi m M A nA* icf«aio r«arriw< ■ •1 o •• o*«t m wtoMi >LTft iTMt •••lO' -•uiT- 4ti •o tO-4tS jfm 0% 0% o n SEPTIC SYSTEM APPROVAL T> h « ! ■ I I |l h »r /. ORONOCOPY CITYor ORONO 2-/9-O3 Municipal Oflkcs StTMt Addrass: 2750 Kelley Partiway Orono. MN 55356 Phone (Home) Mailini Mdrau: P.O. Box 66 Crystal Bay, MN 55323-0066 State (Work) Zip Owner pf<A _________ Address iJ City _____ . _____ Site Evaluator taiX State License Phone# "TCS- TypeofEstgfe|ialUn^|^,,,,,§|^^ X Family______ Bneroal Gallons Per Day______________ No. Potential Bedrooms 3_________ ^ope: ~______ ------ Soil Sizing Factor_. |.._.0 Perc Rates P-IJ>> P-2 3j.\ P-3 tS A P-4J1A P-5 l>.^ P-6 P-7 B-5 B-6Restricting Layer Depth B»1 3.1 B-2 3 i> B-3 3.^ B-4 Type of Treatment System: Standard Alternative___ Other____ Performance_____ Pressurized Mound System______________ At-Grade System____________ Gravity Trenches System________________Pressurized Trench System__________ Gravity Trenches W/ Lift________________ Pressurized Bed System V I lolding Tank W/ Alarm________________ Septic Tank Size # of Tanks ^ Lift Tank Size Pump Brand_________GPM tjO Mead Treatment Sy.stem: Minimum *790_____ 'Nteund Bed X Square Feet with C inches of rock below pipe Mound Treatment Area THIS IS NOT A PERMIT. Tliis is a design approval form which must accompany the site plan. A permit must be issued to a licensed septie contractor prior to installation. NOTICE TO INSTALLERS: Any changes to the approved plans must have prior approval of the inspector (952-249-4600) Call for inspection 24 hours in advance. ALL DRAINFIELI) AREAS MUST BE FENCED OFF prior to building site excavation and fencing must remain in place until final site grading. Approval to pour footings will not be granted until the Inspections Department has verified the primary and ahemate sites are protected. NO VEHKTILAR TRAFFIC OF ANY KIND is allowed within 20’ of tested drainfield sites ever. ACCEPTED DENIED______By the City ofOrono subject to existing regulations and the following conditions;____________________________________________________ » Z»f- &fi) ^ Ccv<r ____Vw- . ______________________________________________ 5«-*C *\\r>r r^H S-K. ____________ «vxx 5tr*>«.v VS VVjV- SV Bv: C-Z.7-"0 7_ Matt Boltcrman, On-Site Systems Manager Date Telephone (952) 249-4600 • Fax (952) 249-4616 wwv.cLoronoaQQ.us F i^«rv24 03 04:23p o«n«r 239-463-4144 P* I i: I340BaldurParlcRd. Orono^MN S539I Mr. MOce Oai&on Chy ofOrono 2750 Kelley Pulcway Orono.MN SS3S6 Via iacstinile March 24,2003 Re: Amendment to Variance Resolution #4720 1340 Baldur Park Rd. (Lot 30, Block 1, Baldur Park) Dear Mr. Gaffion: Thank you for your recent letto* of March 7,2003. While we are unable to attend the March 24 Chy Council meeting, we would appreciate an amen dment to Resolution #4720 that allows for our variances to be approved without the condhion of chy sewer hookup. We understand that our new home will be limhed to three bedrooms, which is consistent whh our new, city approved private sewer. Following is an addhional copy of our letter dated February 17,2003 which we are requesting be presented to City Council together with this letter. Thank you for your assstance. ./Iar.24 03 04:23p oumar 239-463-4144 r'- l '<7 p.2 U S Post.jl S<‘f VICO CERTIFIED MAIL RECEIPT Frederick N. Puzok Julie Thometz 1340 Baldur Park Rd. Orono.MN 5S391 -IIa Mr. Mike Oaffion City ofOroDo 2750 Kelley Parkway Orono.MN SS3S6 ^ Mm rWoi^ Fm a naqyiw^ Cl 2 ru MmiA Ham February 17,2003 Amendment to Variance Resolution #4720 1340 Baldur Park Rd. (Lot 30, Block 1, Baldur n Srnit 7b Of, crROBoaNo O'^iwc. V a V sA s-sa Dear Mr. GaflBnon: This letter is a follow-up to our letter filed October 22,2002, copy enclosed. During a telephone conversation with Mr. Weinberger last October regarding the ongoing lack of city sewer availability, he recommended that the Resolution be returned to Council for amendment, and assured us that City staff was aware of our ongoing file. He said there would be time for this to be handled prior to the November 13,2002 renewal date, and said that it would be put on the November 12,2002 Council agenda. It has been over four months since that conversation, without any response fiom the Chy. As our request for amendment was filed October 22,2002, this issue should have been returned to Council as old business. Please let us know when you can have an informational package prepared for Council. We are requesting that the Resolution be amoKled to delete any reference to city sewer, as the sewer remained unavailable and we now have a new, state-of-tlK-art CODE private sewer, as was recommended by City staff. Additionally, we sent a letter June 20,2002, also enclosed, requesting clarification of issues regarding the proposed neighboring subdivision, which has not been answered. In all feimess, a response from City staff is long ovCTdue. Sincerely, Frederick Puak Julie Ummetz EncL Copy: Mike Sltarratt REVISED REQUEST FOR COUNCIL ACTION DATE: March 24,2003 ITEM NO.: Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed: Agenda Section: Public Services Director's Report Item Description: Accept Quotation for TrafTic Signal Revisions Willo\v/TH Intersection We are working on a State Aid-funded project to add IcO turn arrows to both the northbound and southbound Willow Drive approaches to the Willow Drivc/Tll 12 traffic signal. There are existing left turn arrows on both Highway 12 approaches to this signal. This is a very busy intersection and there arc peak hour traffic queues for left turning vehicles on the Willow Drive approaches to this intersection. This condition will worsen with the new Stone Bay development project, and the new Highway 12 project will also impact this intersection as the number of railroad crossings will be limited to only two during project con.struction. A project to add a northbound left turn arrow to the Old Cr>'stal Bay Road/TH 12 intersection is also planned for this summer. Both of these projects will aI.so include changing the existing incandescent signal bulbs to LED bulbs. The LF.D bulbs have an eight to ten year life in comparison to a two-year life for the incandescent bulbs. This will result in both an increase in safety at the signals and reduced costs for changing light bulbs. The LED bulbs are also more efficient with a payback of about three years from reduced costs for electricity. Cities arc responsible for the electric costs on traffic signals. The Willow Drive signal currently has an Emergency Vehicle Preemption (EVP) system. An EVP system \N ill be added to the Old Crystal Bay Road Signal, and the new Brown Road signal w ill also have an EVP system. Plans and specifications have been completed, and we have sent a Request for Quotations to three contractors that specialize in traffic signal projects. The estimated construction cost for this project is less than $50,000, so the solicitation of quotations is an acceptable method to select a contractor to complete this project. Quotations were received at 11:00 a.m. today from three traffic signal contractors. The lowest responsible quotation was received from Ridgedalc Electric Inc., Long Lake in the amount of $9,200. and we are recommending acceptance of this quotation. COUNCIL ACTION REQUESTED Motion to accept the quotation in the amount $9,200 from Ridgedalc Electric, Long Lake. Minnesota for completion of the Willow Drived H 12 Traffic Signal Revisions Project and approval ofa budget adjustment for the Y'car 2003 State Aid Construction Fund to reflect this expen /.ure. REQUEST FOR COUNCIL ACTION DATE: March 24,2003 ITEM NO.: lO Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed: Agenda Section: Public Services Director's Report Item Description: Orono/Long Lake Water System Interconnections Introduction As part of the new Highway 12 project, major utility locations of both sewer and water systems are required in the City of Long Lake. In September 2000, SEII Engineers, completed a modeling study of both the Orono and Long Lake water systems to study future possibilities for the interconnection of the two systems. A recent update to the September 2000 study has just been completed and a copy is attached for your review. 1 his attatached report discusses several topics. The first topic is water main interconnections between the two systems, fhe second topic is the issue of options for possible additional elevated tank storage in conjunction w ith possible w ell rehabilitation or the construction of a new well. The third topic is possible watermain changes for the Orono Industrial Park area. We arc recommending on proceeding with the Orono/Long Lake watermain interconnection project. The second topic regarding elevated storage and well options will require further discussion. The desirable schedule for decision making on this topic is this spring, as the City of Long Lake ’s water tow er is in need of painting. The decision on painting of the Long Lake w ater tower is dependant on a decision regarding additional storage or wells. The third topic regarding the Orono Industrial Park water system will be discus.sed later in this memo. Orunu/Long Lake Water Sy.stem Interconneetions Wc are working on planning for a joint project with the City of Long Lake for the installation of two additional water system interconnections. Currently, there is an c.xisting 8 ” connection at Highway 12 and Willow Drive between the two systems. This interconnection is normally closed and only opened for fire situations, or when needed for repair or maintenance on one of the systems. The two cities have an agreement inplaee governing the operation of this interconnection Two additional interconnections .ire recommended to increase the fire How capabilities of both systems. Interconnection of the two systems is needed to provide a reasonable fire flow as the Orono Page 1 of 3 > (\ DATE: March 24,2003 ITEM NO.: /O Agenda Section: ’ubiic Services Director's Report h sewer and water systems arc s. completed a modeling study bilities for the interconnection and a copy is attached for your is water main interconnections jr possible additional elevated onstruction of a new w ell. 1 he rk area. We arc recommending >n project. equire further discussion. The the CitN of Long Lake’s water .ake water tower is dependant regarding the Orono Industrial Lake for the installation of two ling 8" connection at Highway n is normallv closed and onlv• # 3n one of the systems. Ihe two .Tconnection tire Ilow capabilities cf both isonahle fire flow as tlic Orono system has one well and 400,000 gallons of elevated tank storage, and the Long lake system has two wells and 250,000 gallons of elevated tank storage. Additional interconnections w ill also provide greater flexibility for other emergencies such as watermain breaks. With the additional interconnections, it will be possible to reduce service disruptions from watermain breaks. The two new interconnections arc located at Brimhall Avenue and Virginia Avenue. The Brimhall Avenue connection will require jacking a pipe crossing under Highway 12. At the Virginia avenue crossing both cities have watermain on the north side of the highway, which reduces the cost for this interconnection. There are currently two contractors working in the City of Long Lake on the Highway 12 utility relocation projects, and the plan is to negotiate a Change Order to the utility construction contract w ith one of the utility project contractors. 1 his will allow for a faster time line to complete the interconnection project and eliminate the costs associated with advertising for bids for the watermain interconnection project. The amount of this change order will be well w ithin the 25% acceptable limits for contract change orders. Council approval w ill be required to approx e the contract change order. At this time we are requesting conceptual approval to begin work on this project. At their March 18"* meeting, the Long I.ake Council also authorized city staff to begin preliminary work on this interconnection project Orono Industrial Park Water System The industrial park is currently serv ed by tw o dead end 8" watermains that cross under highway 12, These highway watermain crossings were installed in 1967 and are not in casings, which means a watermain break under the road would require closing the road for repair. With the heavy traffic volume on Highway 12, this repair work would be very difficult to complete without causing a major traffic disruption. These two stubs to the industrial park are connected to an 8" watermain along the north edge of Highway 12. This watermain was also installed in 1967, and we have had several watermain breaks on this line. Repair of these breaks is difTicult because of the heavy traffic on the highway. Also, the recent safety improvements project widened the highway resulting in the watermain being closer to the traffic lanes and in the turn lanes. The two stubs to the industrial park are also not interconnected. One stub serves Morries Imports, the former Washington Scientific Industries building, and the other stub serves the other buildings and the two houses at the Old Crystal Bay Road intersection. If cither one of these stubs breaks, buildings would be without water service until the break is repaired which would most likely be overnight, so as not to cause a major traffic jam on .lighvvay 12. We are recommending that two stubs be interconnected on the south side of Highway 12. This interconnection would allow for continued water serv ice to the industrial park should one of the stubs break. A preliminaiy estimated cost for this interconnection is $25,000. This is a high priority project, and we are requesting authorization to move forward on this project. W’e will evaluate the best possible method for completion of this project. Council approval will be obtained after the contractor has been selected and final costs determined. Page 2 of 3 Another issue for consideration is the installation of a new 12" watermain crossing under the highway to serve the industrial park. This new crossing would be installed in a casing pipe which allows future repair without digging up the roadway and disrupting traffic. The new casing would be jacked under Highway 12 to avoid any traffic disruption. The new 12" crossing would then be connected to the proposed 12" watermain in Kelley Parkway that will be installed as part of the Stone Bay development project. The new crossing would allow for abandonment of the existing 1967 8" watermain along the north side of the highway. One of the possibilities when Hennepin Country obtains jurisdiction of Highway 12 from MnDOT is that an urban section roadway with concrete curb and gutter would be constructed. It would not be prudent to reconstruct the highway and leave this old watermain operational. A preliminary estimated cost for this project is $70,000. This project is not a real high priority right now, but should definitely be completed l^iore any work is completed on the highway. There are several options available for completion of this work. One possibility is a change order to the Long Lake utility contract, or a separate contract to complete this work. We are recommending further research on the costs for this project, and if very reasonable price is obtained for this work to have this project completed now. If we decide to complete this project now. Council approval will be required after the contractor has been selected and final costs determined. COUNCIL ACTION REQUESTED Motion to authorize a joint project with the City of Long Lake for the installation of two additional of water system interconnections with a 50/50 installation cost slit between the two cities. Estimated Orono cost for this project is $60,000. Council approval will be obtained after the contractor has been selected and final costs determined. Motion to authorize proceeding with a project to install to interconnect the Industrial Park water ser% ices and to investigate the feasibility of a new 12" Highway 12 watermain crossing to serve the Industrial Park. Council approval will be obtained after the contractor has been selected and final costs determined. Page 3 of 3 £. ■ MEMORANDUM 10901 Red Circle OrWe, Suite 200, Minnetonka. MN 55343-9301 952.912.2600 800.734 6757 952 912 2601 FAX TO:City of Long Lake Michelle Morse and Marv Wurzer FROM: DATE: RE: Daniel R. Boxrud, PE March 13,2003 Alternative Trunk Water System Design SEH No. A-LONGL0003.00 Background At the February 4, 2003 City Council Workshop, we discussed the need for the City of Long Lake to construct additional elevated water storage to provide better fire fiow. This recommendation was based on the results of our study as reported in our September 2000 “Replacement of Sanitary Sewer and Water Facilities in Proposed Trunk Highway 12 Corridor Report on Feasibility.” We suggested that the cost to construct a new 400,000 gallon elevated tank including pilings, overhead expenses and removal of the existing water tower along Willow Drive would be upwards of $965,000. Other trunk water main improvements, including interconnects with Orono, would also be needed in the future. The City Council suggested that we explore alternative means of meeting the City ’s fire flow demand. If an alternative could be designed that avoided the need to construct additional elevated storage, the existing 200,000 gallon water tower along Willow Drive could be rehabilitated instead of replaced. During the discussion it was recognized that the water system interconnects with the City of Orono as recommended in the study should be explored for immediate attention. They will ultimately be needed whether the city constructs a new elevated tank or rehabilitates the existing one. If the city rehabilitates the existing water tower, the interconnections will be critical when the tower is out of service during rehabilitation. Analysis Subsequent to the February 4 City Council meeting, we have explored alternative means of bolstering the available fire flow without construction of a new elevated tank. Alternatives considered must be balanced against the exposure to risk. We have arrived at a reasonable alternative. This memorandum will provide a complete overview of short term and long term water system improvement needs, not just those discussed at the February 4 workshop. Like the 2000 study, it is proposed to meet the fire flow demand by considering the Long Lake and Orono systems as one merged system during a fire. This is the only way either city can Shorii ton Hendrickson Inc • Your Trusted Resource • Equaj Opporiundy Empiofer iiituiiuMiWiiniii ...................................... . r Alternative Trunk Water System Design March 13, 2003 Page 2 achieve a reasonable fire flow at a reasonable cost. A summary of the results ol our analysis follows. Wells One conventional design consideration is to plan for the possibility that the largest well might be out of service for routine or emergency maintenance during a fire. The combined capacity of the remaining wells is considered the “firm” pumping capacity. Our review of the well log for Long Lake Well Number 2 indicates that it could be rehabilitated to have a capacity of 1,000 gallons per minute (gpm). A rehabilitated well, new pump, new motor, and new electrical equipment would all be contained in the existing building. The wcllhousc has some operational and safety issues, fhe driveway that accesses the south side of the building is severely steep. A four-wheel drive pickup must be u.sed to make deliveries. The chemical vendor delivers chemicals to Wellhousc Number I where they are stored until needed at Wellhouse Number 2. fhen public works staff delivers the chemicals. It is proposed to install a new chemical feed system In a newly constructed upper floor. Adding a second floor and grading a driveway to the north side of the building would result in a much safer and elTicicnt chemical delivery system. The chemical vendor could deliver directly to Wellhousc No. 2. The upper level would contain the chemicals, chemical feed equipment, and SCADA (supervisory controls). An improved Well Number 2 would increase the firm pumping capacity of the merged system by 500 gpm, which would be critical during a fire. However, Long l.akc does not need this capacity for domestic purpo.scs. Either of Long Lake’s two existing wells could keep up with Long Lake s maximum day demand (without a fire). On the other hand, Orono has one well that is more than capable of meeting Orono ’s current maximum day demand, but with only one well, Orono ’s firm pumping capacity is zero. Orono would need to rely on Long Lake’s system for domestic needs if the Orono well was out of .service. It may mtike more sense long term for Orono to increase the firm pumping capacity of the merged system by constructing a second well with a 500 gpm or larger capacity. 'Ihe analysis a.ssumes the firm pumping capacity will be increased by 500 gpm. If Orono constructed a 1,000 gpm well, the firm pumping capacity would be increased by 1,000 gpm. Trunk Water Main Changes I he attached Figure I indicates the water system now recommended. The available fire flow would be 3,000 gpm for a three-hour period. This is not a significant reduction in capacity from the previous analysis that resulted in 3,500 gpm fire flow for a three-hour period. It is still much belter than existing conditions. (If Orono constructed a 1,000 gpm well, the available tire flow would be back up to 3,500 gpm for a three-hour period in most critical locations.) Highlights of the alternative sy.stem follow. Implementation of Orono ’s trunk water main system is proceeding diflerently than originally anticipated in the previous computer model. Orono is constructing a 12-inch water main in Kelly I’arkwa)’ all the way to Willow Drive and in Willow Drive southerly to West W’ayzata Allcmativc Trunk Water System Design March 13.2003 Page 3 Boulevard. This will allow more water to cross between cities at the existing interconnect at Willow Drive than the 8*inch Orom. water main extension previously contemplated. This allows for some down sizing of interconnects with Long Lake. Orono has also completed 8” water main construction in the vicinity of Brown Road and West Wayzata Boulevard, creating an opportunity to interconnect the systems just west of Virginia Avenue. This interconnection would not require a jacking of West Wayzata Boulevard so it is a more economical interconnection. This interconnection effectively replaces the interconnection previously considered across West Wayzata Boulevard at West Industrial Boulevard. Orono would still consider a crossing of West Wayzata Boulevard westerly of West Industrial Boulevard. It would be looped to the west so as to better serve Orono’s properties south of West Wayzata Boulevard. The water main on the north side of West Wayzata Boulevard in Orono has been prone to failures due to corrosion and could be abandoned with the water system improvements now proposed. The second interconnect would occur across West Wayzata Boulevard near Brimhall Avenue as previously proposed. This interconnection could be reduced from a 12” interconnection to an 8- inch water main in the current analysis. With two proposed interconnections plus the existing interconnect at Willow, there would be three water main interconnections with Orono. During the course of these discussions on interconnects, the City of Wayzata approached Long Lake about possibly creating an interconnection at the very easterly end of Long Lake. An existing 6-inch water service has previously been extended through Green Glen Park across the Luce Line Trail to the daycare center along West Wayzata Boulevard. If that 6-inch water main was extended as a 6-inch water main to the new Wayzata Public Works Garage site, it could deliver 600 gpm to Wayzata when Long Lake’s water main system is under stress during peak summer periods, or up to 850 gpm when the system is at full strength. Alternatively, an 8-inch water main extension from the 6-inch water main would deliver 800 -1,050 gpm under the same conditions. Because Wayzata ’s elevated storage is at a significantly lower elevation, it is not practical to expect the Wayzata water system to be able to feed Long Lake. If this interconnection is to be pursued, a discussion v'ith the daycare center will be needed regarding ownership and construction issues. The remainder of the trunk water main system within Long Lake is already under construction except for the 12-inch trunk water main connection from the Glenmoor Lane/lleather Lane intersection westerly to the 12-inch water main crossing to Stoneridge Colony. The crossing of the highw'ay/railroad corridor is in the current Phase 1 Utility contract, but the easterly extension from that point to the Glenmoor area was deleted from the Phase 1 Utility contract due to the high cost of the railroad license. This water main should be scheduled for construction as soon as the railroad is relocated to the south and MnDOT comes into ownership of the current rail corridor. Then Long Lake should be able to install this water main with a simple MnDOT permit. Comparison to Original Design A comparison of the components of the previous and current water system alternatives follows. All estimated costs of the recommended improvements include overhead expenses. i f Improvement Original Study Altomative Design Orono Participation Racommandad Schadula 1.Water main interconnect (8-inch) just west of Virginia Avenue $47,000 $47,000 Yes Spring/Summer 2003 2.Water main interconnect (8-inch) at Brimhall Avenue $73,000 $73,000 Yes 1 Spring/Summer 2003 3.12-inch water main crossing of West Wayzata Boulevard west of West Industrial Boulevard in Orono Orono expense based on redevelopment south of West Wayzata Boulevard. UnknoxNn Total As needed for development in Orono. 4.Rehabilitation of capacity of Well No. 2 to 1,000 gpm‘" $10,000 $70,000 Y^P’2006 5. ^New pump, motor and electrical for Well No. 2 to increase flow to 1,000 gpm 0 $107,000 Yes 2006 6.Rehabilitation of wellhouse $224,000 $224,000 No 2006 7.Trunk water main extension in the Glenmoor Area $117,000 $117,000 No 2006 8.Construct new 400.000 gallon elevated tank $915,000 0 No N/A 9.Demolition of existing water tower $50,000 0 No N/A 10.Rehabilitation of existing water tower 0 $270,000 No Fall, 2003 Total Cost of Improvements $1,436,000 $908,000 Regular well maintenance likely needed in a few years at an approximate cost of $ 10.000. Unless Orono constructs a second well. t Alternative Trunk Water System Design Water System March 13,2003 Page S Rccammcndation The City of Orono and the City of Long Lake should discuss a mutually satisfactory means of sharing in the cost of these Improvements. Conceptually, both cities would share equally in the two new interconnects along West Wayzata Boulevard. The City of Long Lake would pay for the water tower rehabilitation and the trunk water main in the Glenmoor area. The method of improving the firm pumping ciqiacity for the merged system and the sharing of that cost may take more discussion. It is recommended that: 1. Staff be authorized to develop an agreement with Orono to construct, finance, and maintain the proposed interconnects. 2. SEH be authorized to complete the final design of the interconnects. 3. Stafi/SEH be authorized to negotiate with the two utility contractors currently working on the utility replacement projects to arrive at a fair cost for the work to be added to their contract(s) by change order. • u r 4. Staff be authorized to discuss with Orono an * ceptable and fair means of improving the firm pumping capacity of a merged system. 5. SEH should obtain written approval from the Department of Natural Resources to upgrade Well No 2 to a capacity of 1,000 gpm, should this option be pursued. 6. The Chy Council authorize preparation of plans and specifications for the rehabilitation of the existing water tower at Willow Drive. 7. The Capital Improvement Plan should be amended to include the future system improvements. ka Enclosure cc: Greg Gappa, City of Orono Dave Dudinsky, City of Wayzata water sysim doe •' ------------ REQUEST FOR COUNCIL ACTION MAR24 2^VUJ DATE: March 24,2003 ' ITEM NO,\ Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed: ?• Agenda Section: Public Service Director's Report Item Description: Funding of City Street Improvements Study- Resolution The League of Minnesota Cities has published a report on the funding for construction and maintenance of city streets. The executive summary from this report is included for your information. This report has been distributed to cities and to all state legislatures. In summary, this report provides an in depth review of the current city street system network and available sources for the funding of city street construction and maintenance projects. The current system of funding is inadequate to provide the necessary financial resources to improve and maintain city streets. The existing funding sources such as special assessments have limited applications and are difficult to use because of statutory requirements to prove a benefit from the projects. For example, the City has previously experienced difficulties in using special assessments to finance sanitary' sewer projects. The current State financial situation is making this problem even more difficult as city revenues are being reduced along with constraints imposed on cities ability to raise revenue. The purpose of this study is to document the extent of the existing problem and to provide recommendations on possible alternative funding mechanisms for financing city street construction and maintenance projects. However, many of this alternative funding mechanisms will require legislative changes in State Statues. For example, one of the proposed funding options recommended is that cities be given authority to implement street utilities as a possible funding source. A street utility would operate similarly to water and sanitary sewer utilities which have been successfully used by cities for many years. There is currently a bill to allow street utilities under consideration in the state legislature. This resolution will be submitted to the League of Minnesota Cities and to Orono’s State Senator and Representative. This resolution has already been approved by about 100 cities, and it will be used to show legislative support for providing more options to local units of government for the financing of street maintenance and construction projects. Our staff recommendation for Council approval of this resolution. COUNCIL ACTION REQUESTED: Motion to approve resolution supporting the League of Minnesota Cities Study on Funding Streei: Construction and Maintenance in Minnesota Cities. n A RESOLUTION SUPPORTING LEGISLATION TO PROVIDE IMPROVED FUNDING OPTIONS FOR CITY STREET IMPROVEMENTS WHEREAS, Minnesota contains over 135,000 miles of roadway, and over 19,000 miles or 14 percent —are owned and maintained by Minnesota ’s 853 cities; and WHEREAS, city streets are a separate but integral piece of the network of roads supporting movement of people and goods; and WHEREAS, existing funding mechanisms, such a Municipal State Aid (MSA), property taxes, special assessments and bonding, have limited applications, leaving cities under-equipped to address growing needs. WHEREAS, maintenance costs increase as road systems age, and no city-large or small—is spending enough on roadway capital improvements to maintain a 50-year lifecycle; and WHEREAS, the Council of the City of Orono finds it is difficult to develop adequate funding systems to support the City ’s needed street improvement and maintenance programs while complying with existing State statutes; and WHEREAS, the League of Minnesota Cities, the Minnesota Public Works Association and the City Engineers Association of Minnesota, have jointly sponsored the development of a report entitled Funding Street Construction and Maintenance in Minnesota’s Cities wherein (1) the street systems of the cities within the State are inventoried; (2) the existing funding systems are detailed and evaluated; and (3) recommendations are made; and WHEREAS, cities need flexible policies and greater resources in order to meet growing demands for street improvements and maintenance. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ORONO that this Council concurs with the findings of the above referenced report, and fully supports the recommendations contained in that report; and BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF ORONO that this Council supports the adoption of legislation that would provide cities with the policy options they need to address current and future challenges in providing adequate street improvement and maintenance programs. 1 of 2 J ADOPTED by the Orono City Council this ^day of .,2003. ATTEST: Linda S. Vec, City Clerk Barbara A. Peterson, Mayor 2 of 2 i 145 University Avenue West, St. Paul, MN 55103-2044 Phone: (651) 281-1200 • (800) 915-1122 TDD(651)':81-1290 1-MC Fax: (651) 281-1299 • LMCIT Fax: (651) 281-1298 Web Site: http://vi'ww.In>nc.org MEMORANDUM January 23,2003 . -J TO:Member City Mayors Member City Administrators and Managers 2 Q\Xi 0»* OriOi'iO FROM:Jim Miller, Executive Director SUBJECT: Funding Street Construction and Maintenance in Minnesota ‘s Cities Report Today the League of Minnesota Cities (LMC), in partnership with the City Engineers Association of Minnesota and the Minnesota Public Works Association, is releasing the attached report on municipal street funding. The Funding Street Construction and Maintenance in Minnesota's Cities report was produced by the Transportation Policy Institute, a non-profit research and educational organization. The report outlines existing funding mechanisms and their lirnitations, and goes on to describe deficiencies on the municipal state aid (MSA) and non- MSA city street systems. It also provides several policy recommendations that could lead to improved municipal street conditions. The purpose of the report is twofold. First, it is meant to be a tool for city officials looking at street funding options. Second, the report’s recommendations will be used to demonstrate to legislators that cities need flexible policies and greater resources in order to meet growing demands for street improvements. We hope you will take the time to look over the report and to help put the findings into context for your legislators. Also attached is a draft resolution for consideration by your city council. If your council adopts the resolution, please forward copies to Anne Finn at the League and to your legislators. Each member of the sponsoring organizations will receive one hard copy of the report by mail, and every legislator will receive a copy of the report at the Capitol today. The Funding Street' Construction and Maintenance in Minnesota ‘s Cities report and draft resolution are also a^ ailable on-line at www.lmnc.org. If you have questions or comments about the report, please contact LMC Intergovernmental Relations Representative Anne Finn at (651) 281-1263 or e-mail af\nn((: lmnc.org. Enclosures AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Funding Street Construction and Maintenance in Minnesota's Cities Providing the tools to help cities preserve their road and bridge capital assets January 2003 Sponsored by: City Engineers Association of Minnesota The Minnesota Chapter of the American Public Works Association League of Minnesota Cities CHAPTER AP.VA Lvagua of Minnesota Cities Cities promoVng axceilatica t Cop>Tight Transportation Policy Institute, 2002 * Section 4: Findings and Policy Options Sections 1 through 3 of this report discuss general information on the current city road and bridge infrastructure, current finding mechanisms, and future funding challenges. This background information is critical to understanding the broad trends and policies that affect city policy makers as they strive to maintain and improve their transportation infrastructure while providing the best possible value to the taxpayer. In this section of the report, we attempt to identify and describe a handful of key findings that policy makers should be mindful of as they consider various transportation funding policy options, particularly as they relate to Minnesota city roads and bridges owned and maintained by Minnesota cities. The options presented in this section were the outcome of collaborative effort on the part of city staff and elected officials representing all of Minnesota ’s cities. A. All City Systems Findings: #A-1: Maintenance costs increase as road systems age. #A-2: Cities have implemented a variety of strategies to address the maintci unce funding gap- #A-3: Cities have become more reliant on property taxes and special assessments. #A-4: City bridges are in needs of repairs. MAS: Cities are often required to contribute to Mn/DOT and county road'County State Aid Highway projects located within city limits. Policy Options: 1. Provide funding for a "Local Road Improvement Program". 2. Provide cities greater flexibility to generate revenues through special assessments, 3. Provide cities with additional local taxing authority, including the authority to establish a “Transportation Utility”. 4. Enact legislation authoiizing cities to establish “Impact Fees”. B. Locally Funded City Streets • Cities Under 5,000 Findings: ^B-1: Most small cities are not spending enough on roadway capital improvements to maintain a 50 year life cycle. #B-2: Most small cities don ’t have a regul?’’. annual road budget. MB-3: Small cities are heavily reliant on locally generated revenues. fr'B-4: On the whole, small cities don ’t receive significant resources from other local units of government for “shared” projects. Policy Options: 1. Provide funding for a "Local Road Improvement Program", 2. Allocate a portion of the existing 5% special fund to cities under 5,000 population. 3. Allocate a portion of the Motor Vehicle Sales Tax revenues to a special fund for cities under 5,000 population. ! I C. Locally Funded City Streets - Cities Over 5,000 Findings: #C”1: Most large cities are not spending enough on roadway capital improvements to maintain a 50 year life cycle. #C-2: The funding gap in MSA eligible cities is more severe on the locally funded roads than on the state funded MSA system. Policy Options: 1. 2. 3. 4. Provide funding for a "Local Road Improvement Program". Provide cities greater flexibility to generate revenues through special assessments. Provide cities with additional local taxing authority, including the authority to • establish a “Transportation Utility”. Enact legislation authorizing cities to establish “Impact Fees”. D. State Funded Streets - Cities Over 5,000 Findings: #D-1: The MSA system has grown much more rapidly since its inception 40 years ago than the state owned system or the county owned system over the same timeframe, yet the funding distribution has remained the same. #D-2: Current MSA funding levels do not cover the full costs of improving these cities' MSA street systems. W-3: MSA systems are being funded at a level that will result in a 53-year life cycle. Policy Options: 1 . Increase the level of funding to the Municipal State Aid program. Section 5: Recommendations ^ This section of the report provides greater detail on the seven policy options identified in Section 4. Conclusion > The state should provide assistance to cities to address their current and future funding shortfall by granting greater local revenue raising authority and by providing cities with additional tools to allow them to meet their specific needs. > The sponsors of this report are also hopeful that the findings identified herein will encourage state and local policy makers to examine and consider capital investment policies, such as a statewide pavement management plan, that would make the most efficient use of scarce resources as the demands on the road and bridge network increase in the future. City transportation utility fee bill introduced Page 1 of 1 Cities Bulletin ONLINI COITION City transportation utility fee bill introduced Issue 11 By Anne Finn March 20,2003 At the request of the League of Minnesota Cities, Sen. Ann Rest (DFL-New Hope) last week introduced a bill that would give cities the authority to impose fees for street maintenance and reconstruction purposes. The House companion was introduced Monday by Rep. Mike Beard (R- Shakopee). SF 825/HF 965 would allow cities to use trip generation data to establish a transportation utility fee program for street reconstruction, maintenance, and facility upgrades such as traffic signals and turn lanes. The bill would implement one of tlie recommendations of the recently released Funding Street Construction and Maintenance in A finnesota 'v Cities Report, sponsored by the League, the City Engineers Association, and the Public Works Association. It would provide cities with a much-needed, additional tool for meeting street maintenance revenue needs. Co-sponsors of the Senate bill are Senators Bill Belanger (R-Bloomington), Keith Langseth (DFL- Glyndon), Sharon Marko (DFL-Cottage Grove), and Mike McGinn (R-Eagan). House co-sponsors are Representatives Morrie Lanning (R-Moorhead), Bemie Lieder (DFL-Crookston), and Paul Thissen (DFL-Minneapolis). We will need your vocal support to move this bill forward: please see this week’s 15-Minute Advocate. kMC_Board of Directors Editorj Erica Norris Pesisincn Laura Zenz Executive Director; Jim Miller Copyright C2002 Leasue of Minnesota Cities 145 University Ave. West. St. Paul, MN 55103 Phone: 651-281-12001 Toll Free: 1-800-925-1122 Fax: 651-281-12991 TDD: 651-281-1290 Return to 1 lomc r f # • •wm. REQUEST FOR COUNCIL ACTION DATE: March 24,2003 ITEM NO.: \'V Department Approval: Nane Gregor>' A. Gappa TUIc Director of Public Services Administrator Reviewed: Item Description: Seasonal Employeei^or Golf Course Agenda Section: Public Service Director’s Report Council approval of seasonal employees for the Golf Course is required. We are proposing a pay range of $7.72 to $8.43 per hour for this season. New employees earn $7.75 per hour for the first year. Returning employees earn more each year until the maximum rate is reached in four years. The proposed wage rates are an increase of 3.0% over the 2002 season hourly rates. Seasonal employees are hired under two different provisions of the PERA rules. The majority of the empioyees will be hired under the 6-month rule which allows unlimited earnings for a 6-month maximum lime period. The starting dates for these employees are staggered to allow for sufficient staffing throughout the entire season. The remainder of the employees work fewer hours and will be hired under the PERA maximum earnings provision which limits earnings to $425 per month without any restrictions on the number of months worked. These employees are noted in the list below as "Maximum Earnings Limit". LIST OF SEASONAL GOLF COURSE EMPLOYEES Employee 2003 Hourly Wage Rate Dan Oas $8.43 Gary Peickert $8.22 John Stork $8.22 Bill Mclntyr**$8.22 John Ross Maximum Earnings Limit $8.22 Jan Blair $8.22 Fred Abrahamson $8.22 Marshall Hambro Maximum Earnings Limit $7.97 Rodney Jensen $7.97 Katie Smyth $7.97 Dan Marsella $7.97 Paul Goldsmith $7.97 Returning Employee . V I C. COUNCIL ACTION REQUESTED: Motion to approve a seasonal employee pay range of $'’.72 to $8.43 per hour for the 2002 season. Motion to hire the seasonal employees listed at the proposed wage rates and under the applicable provisions of the PERA rules. r. REQUEST FOR COUNCIL ACTION ‘"'''Of % DATE: March 21,2003 ITEM NO: Department Approval: Name Ron Moorse THk City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report /3 Item Description: Payment Request-Long Lake Fire Station The City has received one invoice for payment related to the fire station, from Herc-U-Lift for a floor sweeper/scrubber for fire station maintenance, in the amount of S4,91 1.67. COUNCIL ACTION REQUESTED: Motion to approve the request for payment from Herc-U-Lift in the amount of $4,911.67, to be funded from the Joint Fire Account. 4 j UnbULIUIEI SIOUX rALu. Ml a/io« (60S) 332-I78S UHANV IWfiua. wn *rf*'*' (216)326^6 020) 2S1-S00I HiMMuMnms www.htrc-u-tift.com fliU HIOHWAV 18 WUT, P.O. BOX M JSiU PLAIN, MINNBBOTASeSSt^lM ,(,l)STO)OJSt-SIOO PAX(7W)47ftt#6 TEi- (T83) 479-2S01 ' REMIT TO: S8SSHiG»WWri2wcStPaB0Ka9 I_________ MAPUAm MN B838S-OOM PAGE 01 INVOICE NUMBER 01E7475310 DATE 02/26/03 our. NO. 14275 cur. NO. 14273 CXTV OF LONO LAKE 490 VIRGINIA AVE CITY OF LONG LAKE 450 VIRGINIA AVE LON© lake MN 95356 nan 01C8022S67 OATCSHIPfiO 02/25/02 long lake MN 55356 ^****=htrf “r"" ntii: 8040 421-4B09 200/I00*< 06ZII Contract # 01CS022567 1 Sal* of Equipront 4611»90 Dwses SWEEPER FAC CAT Maka: FACTORY CAT i 611.90 I Mode't FC28 Ser #: PB293 NEW FACTORY WARRANTY SUB-TOTAL SALES TAX 9 6.500*4 4611.90 299.77 INVOICE TOTAL 4911.67 HbCEIVFn MAR 3m C3ty of Long Lake (hJASS MKM TO VOUA CurrOMIA ACOOVA<T fUMTA W*IW<t •»< AlOUiAV ON THS KVOCS. TFlGlM/^L -CP*' iXYi SNOT ao XlIO ZZ96 9Lf ZU 9I-9I CCOZ.^O'WW E REQUEST FOR COUNCIL ACTION % p '"'Vq DATE:March2Lte(^ , . % ITEM NO: /^ Depaitmcnt Approval: Name RonMoorse Title CiQr Administrator Administrator Reviewed: Agenda Section: , City Administrator ’s ^ R'l’o" Item Description: Fire Service Agi■Element with the Excelsior Fire District consulting services and fire protection services for the Navarre area. In the agreement, the Excelsior Fire District agrees to provide a broad range of services to Orono, including the provision of fire protection service to the Navarre area during the years 2004,2005, and 2006. The services to be provided also include consulting assistance in relation to getting the Navarre Fire Station operational, including the recruitment and training of volunteer firefighters to staff the Station. Although the agreement reflects payments to the Excelsior Fire District beginning in 2004, and consulting assistance beginning in July of 2003, the Excelsior Fire Chief has already been providing advice and assistance to the City of Orono in relation to the design of the Navarre Fire Station, the recruitment and training of volunteer firefighters to staff the Navarre fire station, and the provision of fire service to the Navarre area, for several months. COUNCIL ACTION REQUESTED: Motion to approve the Agreement and Contract for Fire Protection with tht* Excelsior Fire District. AGREEMENT AND CONTRACT FOR FIRE PROTECTION THIS AGREEMENT AND CONTRACT made and entered into this day of 2003 by and oetween the Excelsior Fire District, a Joint Powers Organization with Deephaven, Excelsior, Greenwood, Shorewood, Tonka Bay (hereinafter referred to as Excelsior Fire District), the City of Orono, a municipal corporation of the County of Hennepin and State of Minnesota and witnesseth: WHEREAS, the Excelsior Fire District has the facilities and equipment and is willing and able to provide fire protection service to the City of Orono, and WHEREAS, the City of Orono does desire to have fire protection service furnished by the Excelsior Fire District and is committed to constructing and equipping a Fire Station in the Navarre area (hereinafter referred to as the Navarre Station). NOW, THEREFORE, in consideration of the covenants herein contained the parties hereto agree as follows: 1.Definitions A. City Fire Service Area is the area within the City of Orono receiving fire protection from the Excelsior Fire District. Services to be Rendered During the tcmi of this agreement the Excelsior Fire District shall furnish all the fire fighting services, rescue/medical rescue serv ices, and related fire protection serv ices to the City of Orono for the Total Fire Service Area. This area is outlined in red on the attached map marked Exhibit A hereinafter referred to as “The Total Fire Service Area.” All of said Total Fire Service Area is located within the corporate limits of the City of Orono. Services Include: Fire Fighting and Suppression Services Rescue and Medical Rescue Services similar to current (2003) protocol in the service area. Duty Officer Response protocol similar to the Excelsior Fire District Management of Apparatus located at the Navarre Station. Management and supervision of the physical operation of the Nav arre Station Recruitment of personnel for the Navarre Station. Training of New recruits to Minnesota Certified firefighter 1 before p 'bation. Training of New recruits to Minnesota Certified Firefighter 11 within 2 years of probation. 3. Training of New recruits to EMT-B within the first year of probation. Supervision of Firefighters assigned to the Navarre Station Fire Code Enforcement in the Service Area. Preplanning of Businesses in the Service Area. Appropriate Public Education Services and Public Relations. Consulting Services for the design and construction of the Navarre Station Consulting Services for Long and Short Term planning for Fi~e Protection within the City of Orono. Consulting Services for the “Lake Minnetonka Area" fire protection planning. Requested Assist by Law Enforcement. L'jvcl of Serv ice The Excelsior Fire District shall endeavor to provide the services listed in paragraph 2 above, including but not limited to, protecting and saving life and property from destruction by fire in the Fire Service Area of the City of Orono to the same extent as it does within the Fire Service Area of the Excelsior Fire District. In the event of two fire calls received within the same time frame, the call first received shall have priority and the second call shall be answered as soon as possible or a Senior Officer or Firefighter may reassign call responsibilities between stations, apparatus or other equipment depending on the severity of the call. The Exce'sior Fire Di.‘^»rict will furnish sufficient staff to each call to safely, legally, and effectively operate all necessary vehicles and equipment and provide all necessary services. The Excelsior Fire District will utilivc the Mutual Aid Response Agreement when and where it is in the Excelsior Fire District’s Incident Command System judgment that such aid is relevant. The Excelsior Fire District will provide consultant services beginning July 1,2003 for Fire Station Construction and Recruitment of personnel. Command Responsibility Subject to the terms of this agreement, the Fire Chief of the Excelsior Fire District or the Chiefs designee shall have the sole and exclusive right and responsibility to prescribe the manner and method of giving the alarm for fire within the Total Fire Service Area and to prescribe the manner and method of responding to calls and rendering the services contemplated. The said Fire Chief or designee shall immediately upon arriving at the scene of any alami or fire emergency have the sole and exclusive responsibility and authority to direct and contro' any and all fre fighting and the emergency operations at such scene or scenes. Volunteer Fire Fighters of the Lonu Lake Fire Department Persoimel recruited and assigned to the Navarre Station to provide fire protection services in the City of Orono shall be volunteer firefighters of the City of Long Lake, which the City of Long Lake shall assume all obligations with regard to Worker’s Compensation, 6. 8. 9. Firefighter’s Relief Association, withholding tax, insurance, ect. For such volunteer firefighters, if any. Liability Insurance Excelsior Fire District shall carry liability insurance in an amount no less than $ 1,000,000.00 protecting itself and the City of Orono against damage claims of its fire fighters for personal injury sustained while in service within the said limits of the City of Orono as hereto set forth. The amount of the insurance coverage shall be reviewed annually and if determined to be inadequate the amount of the coverage shall be adjusted accordingly. And further, the Excelsior Fire District shall carry liability insurance in an amount no less than $ 1,000,000.00 saving the City of Orono harmless so far as acts of 'he Excelsior Fire District and its firefighters are concerned. The Excelsior Fire District shall review the amount of the coverage annually and if determined to be inadequate, the amount of the coverage shall be adjusted accordingly. Nothing in this contract shall be construed as waiving the statutory liability limits of any city, which is a party to this contract. 7. Excelsior Fire District Operational Responsibility The Excelsior Fire District shall be responsible for managing the operation of the Excelsior Fire District, and foi managing the on-going operation and maintenance of the Proposed Navarre Firt Station. Personnel, existing Long Lake Fire Department or Excelsior Fire District, will be under direct supervision and responsibility of the Excelsior Fire District. 2% State Aid It is expressly understood by all parties the 2% State Aid for the term of this agreement shall be paid to the Excelsior Firefighter’s Association within Minnesota State Statute. Other Costs The City of Orono will provide apparatus and equipment for the fire station in Navarre at their expense with consultation of the Excelsior Fire District Fire Chief or his designate. The City of Orono will be fiscally responsible for all maintenance of facilities, apparatus, and equipment. The City of Orono will assume the costs of training, equipment and testing all new recruits. The City of Orono will construct an appropriate 6,000 square foot fire station on city land in the area of the “Navarre” neighborhood at their expense with the consulting ser\ ices of the Excelsior Fire District Fire Chief 12. Term of this Agreement This Agreement covers the penod Jul> 1 2003 through December 31,2006, the termination date of this agreement. On Jaiiuary 1,2007, E.xcelsior Fire District will transfer full control of facilities, apparatus, equipment, and personnel to the Fire Agency directed in writing by the City of Orono. Consulting services, code enforcement, and recruitment services shall begin July 1,2003 F’-V Protection and Medical Rescue response shall begin January 1,2004. This Agreement will become effective upon ratification by the City of Orono and Excelsior Fire District Board. 11. Fee City of Orono will pay the Excelsior Fire District $ 428308.75 Contract Payment Schedule 2004 2005 2006 January IS $34,375.00 $35,781.13 $36,823.36 March 15 $34,765.79 $35,781.13 $36,823.36 June 15 $34,375.00 $35,781.13 $36,823.36 September 15 $34,3/5.00 $35,781.13 $36,823.36 Payment will be received by: Fire Chief Mark DuCharme Excelsior Fire District 339 Third Street Excelsior, MN 55331 13. Dispute Resolution Should either party of this agreement believe that a misrepresentation or a violation of ihe specific terms and conditions of the Agreement exist, either party may initiate the dispute resolution process by submitting to the other party a written statement outlining the dispute or disagreement. This written statement of dispute shall be fonvarded to either the Excelsior Fire District Board or the City of Orono City Council for the next meeting. If the dispute is not resolved within 90 days of the written complaint, the Excelsior Fire District Board or the City of Orono shall forward the dispute to an appropriate mediation service. If the parties cannot mutually agree to a resolution through the mediation process described above within 90 days after initiation of the mediation process, either party may submit the issue to arbitration pursuant to the Uniform Arbitration Act, Chapter 572 of the Minnesota Statues. Said Arbitration shall be binding on both parties. 14. Termination This Agreement shall terminate at 11:59 P.M. on December 31,2006. Approved by the City of Orono and the Excelsior Fire District. CITY OF ORONO ATTEST MAYOR CITY ADMINISTRATOR DATE DATE EXCELSIOR FlkE DISTRICT ATTEST BOARD CHAIR FIP.E CHIEF DATE DATE i." L s REQUEST FOR COUNCIL ACTION DATE:March 21,200^'* c- • ITEM NO: Dep«rtnicni Approval:Adminbtrator Reviewed:Agenda Section: Name RonMoorst City Administrator ’s Title City Administrator ffh Report f ^ Item Description: Parks Conunission Reappointments The current icrms of Debra Halvorson, Prmline Bouchard, and Sherokee Use, on the Parks, Open Space, and Trails Commission, expired on December 31,2002. All three have indicated an interest in serving an additional term. Because Sherokee Use has served the maximum three full terms allowed by ordinance, she is not eligible for reappointment. Both Debra Halvorson and Pauline Bouchard are eligible to serve an additional term. COUNCIL ACTION REQUESTED: Motion regarding the reappointment of Debra Halvorson and Pauline Bouchard to an additional term on the Parks, Open Space and Trail 5 Commission expiring on December 31 ,2005. Motion recognizing Sherokee Use for her years of dedicated service to the community as a member of the Parks, Open Space and Trails Cv'^mmission. REQUEST FOR COUNCIL ACTION DATE:March21,2003 ® ITEM NO: Department Approval: Name Ron Moorse THk City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Appointment of Part-timie Customer Service Assistant The selection process for the part-time Customer Service Assistant position has been completed. It is recommended that Barbara Silus be appointed to the position at the Level 2, Step 11 pay rate of $13.67 per hour, effective March 31,2003. Barbara has a broad range of office experience, with the most recent involving reception and customer service duties. COUNCIL ACTION REQUESTED: Motion to approve the appointment of Barbara Silus to the position of part-time Customer Service Assistant at the Level 2, Step 11 pay rate of $13.67 per hour, effective March 31,2003. % A REQUEST FOR COUNCIL ACTION •^1 DATE: March 24, 2003 % ITEM NO:/ 7 Department Approval: Name Lin Vee Title City Clerk Administrator Reviewed:Agenda Section: Licenses Item Descriptioo: List ol Licences for Council Approval KENNEL LICENSE 1. 2. “The Dog House Boarding Kennels' D. Brian Fulmer 3505 W. Wayzata Blvd. Bob Sansevere 745 Orchard Park Road 0 f COUNCIL ACTION REQUESTED: Motion to approvc/deny the above listed licenses. ^>1 Owner; KENNEL LICENSE APPLICATION Effective January 1, 200 to December 31, 200_ - - - -V/^- l/C-^1 Property Address: / ' / 5 C / '/ Tc^JxJf Mailing Address (if different): (include city and zip) Phone: (home) 7 ^ ^ 9^^ J^^fwork) ! 2 ' V 7. "? 9 L. RESBDENTIAL Kennel License Fee: $25.00 (payment must accompany application) Maximum No. of dogs to be kept at one time; (over 6 mooiha.of age) Princ4>al Breed: _______________________ Purpose for more than 2 dogs: ^(L Dogs normally kept: \ ^^"^inside____^kennel structure COMMERCIAL Kennel License Fee: $150.00 (payment must accompany application) Name of Business: Business Activities;______________________________________ (example: boardiag, breeding, vecerioaiy care, retail, etc.) Normal Business Hours: After Hours Contact: (name) (phone) Dog runs/exercise areas are;inside outside both The undersigned hereby makes application to the Orono City Council for a Kennel License as specified on this form; the undersigned acknowledges that a kennel license is permissive only and does not grant any authority to violate any provision of any City Ordinance or other law or regulation; the undersigned hereby grants the City permission to inspect the premises prior to license approval and at any other reasonable time during the license duration; and the undersigned agrees to abide by the requirements of Municipal Code Chapter 5.36 including any special conditions imposed by the City Council as part of any kennel license approval. Applicant Date For dry Use Only ^ ■ Kennel inspected by <, vV-u- Recommends: Apprefdal Denial Date h % ^ Z' p OATC TIME CITYOFORONO mspecnoN NOTICE PERMIT NO CAUEOIN SCHEOUUO COMPLETED AO OWNER ITNO.___________— _ -----------—t ______________.CONTR—-----*-------------------- TELEPHON 5J! i •a CRIPnON 01 FOOTWO 02 FTMMMO 00 MSUIATION 0« WALL 80. 06 F04AL or OCMO-SITE or OCMO-FtM. 00 PLUMBMOn \i 1 I u _________ ,0 E)CCAV/ORAO«Q/riUINO to MECHANICAL FINAL 24/25 WOOOBUflNEB/FWEPLACE 12 WATER HOOK-UP 14 SEWER HOOK-UP 2/ SEPTIC MAMT. 15 SEPTIC INSTALL 23 SEPTIC FINAL •J IIiS!s S 10 PLUM8MOFMAL OWNEMCONTRACTOR TO MEET YOU: _YE1 — MO 10 LAKE8HOREANETIANOS 34 TREE REMOVAL ir SITE INSPECTION 06 PROGRESS 21 COMPLAINT 22 FOLLOW-UP 35 HARD COVER removal 30 FOUNOATIOWREMOVAL rnMMniT-t r'^^' --ffy inS>pec.-insn 5 U j q: p^i rrJna S>f-0 --------- - pm nui___ Itc :ooS a WORK SATISFACTORY PROCEED □ CORRECT WORK 6 PROCEED Q a CORRECT WORK.CALLFORREINSPECTION g BEFORE CGVERWO n CORRECT UNSAFE CONDITION WITHIN _____ HOURS. inspector WKL RETURN □ PROJECT complete O ISSUE CERTIFICATE OF OCCUPANCY ________TEMPORARY ________PERMANENT □ photo TAKEN O aTATlON ISSUED O STOP ORDER POSTED CALL INSPtCTOR O INSPECTION REOWREO CALL TO ARRANGE ACCESS CsIMortIwnexI OwnBriConIractor on sjle (952) 249-4600 kispeclor WNM C«F»ll<*ip*tlo*t MM CiAWrCuFlMIMNlKIr* KENNEL LICENSE APPLICATION Effective January 1, 200j3co December 31, 200^ Owner:1) /3f//iV Property Address:___SS^OST (a). U)^zAfA LoL^e, /^V SS3.S~C (ioclude city and zip) / Mailing Address (if different): Phone: (home) ¥7L- ^_______(work) - ¥7^- 9c jl/: RESIDENTIAL Kennel License Fee; $25.00 (payment must accompany application) Maximum No. of dogs to be kept at one time:___________________ (over 6 mooths of age) Principal Breed:^______ Purpose for more than 2 dogs:__ Dogs normally kept: ____inside kennel structure COMMERCIAL Kennel License Fee: $150.00 (payment must accompany application)nent must accompany application) . n ,/ Name of Business: ________ Business ActivitiesT^j^^^^V^^T^^^^^Coinr^^^J^^^^^^/, j (example: bdardii^, breediog.-^eterinaiy care, retail, etc.) ^ Normal Business Hours! ^ ^ pf v\ After Hours Contact: (name) 't>. f'uL/nr^________ (pho-e) 919*/- Dog runs/exercise areas are: inside outside •''^th The undersigned hereby makes application to the Orono City Council for a Kennel License as specified on this form; the uiKlersigned acknowledges that a kennel li^'ense is permissive only and does not grant any authority to violate any provision of any City Ordinance or other law or regulation; the undersigned hereby grants the City permission to inspect the premises prior to license approval and at any other reasonable time during the license duration; and the undersigned agrees to abide by the requirements of Municipal Code Chapter 5.36 including any special conditions imposed by the City Council as part of any kennel license approval. OZ- Applicant Date For dry Use Only Kennel inspected by. Recommends: Appfoval ____Denial Date uC ^ 1 r •'r /•‘t r Cli Y Ur Ur.OfVO - N \ I DATE TIME cmroFORONo INSPECTION NOTICE PERMIT NO.______ CAUEOIN SCHEDULED OOMnXTED ADDRESS 3^0 5 IV t'^rl ■ OWNER Sncun /^u. / .^wf^cONTR. JSJ I £ I § 0: 5 Ui I 5 0 Ul Q: Ul1 TELEPHONE^ifp^ Q H U> -I2>710 (jO^ - 1/ ^02ic DESCRIPTION ngn I __________________ 01 F00T1N0 02 FRAMINQ 03 M8UIAT10N 04 WAUBO. 06 FINAL or OCMO-STTE or OEMO-FMAL 09 PLUMBtIQRI 10 PLUM8INQ F»4AL OWNEfVCONnUCTOO TO MEET YOU: 11 MECHANICALRI 13 MECHANICAL FINAL 24/25 WOOD BURNER/FIREPLACE 12 WATER HOOK UP 14 8EWERHOOK-UP 2r SEPTIC MAINT. 15 SEPTIC MSTALL. 23 SEPTIC FINAL 10 EXCAVA2RAOINQ/FIUJNO 19 LAKE8NORE/WETLANOS 34 TREE REMOVAL ir SITE MSPECnON 06 PROGRESS 21 COMPLAMT 22 FOLLOW-UP 35 HARO COVER REMOVAL 36 FOUNOATION/REMOVAl COMMENTS:UXi NO I f-/ousr O WORKSATlSFACTORYt PROCEED O CORRECT WORK A PROCEED □ CORRECT WORK, CALL FOR REINSPECTION BEFORECOVERINQ □ PROJECT COMPLETE □ ISSUE CERTIFICATE OF OCCUPANCY ________TEMPORARY ________PERMANENT □ CORRECT UNSAFE CONDITION WITHIN INSPECTOR WILL RETURN HOURS. a STOP ORDER POSTED. CAU INSPECTOR O INSPECTION PIQUII^ CAU TO ARRANGE ACCESa □ PHOTO TAKEN □ CITATION ISSUED WMH CDpyAntp«clQr*t FU«CafMnr CopylSHa RoBCf a O.K O CITY OF ORONO *Check Detail Register© 03/18A)3 3:58 PM Page 1 % MARCH 2003 Check Amt invoice Comment ^4f>. ‘•"'-o. ■■ PaldChW 075517 3/19rt)3 CITYCOUNtYCREOITUNION 0101-21711 CradHUnion $10.68500 Total CITY COUNTY CREDIT UNION SAVINGS W/H & TRANSFERRED $10,685.00 / Paid Chk* 075588 3/1M)3 FIRST NATIONAL BANK OF LAKES 0101-21701 Federal Withholding $11,744.37 0 101-21703 FICA Tax Withholding $4,795.92 G101-2t703 FICA Tax Withholding JK.795 92 Tout FIRST NATIONAL BANK OF LAKES $21,336.21 Fund Summary 101 GENERAL FUND 10100 Primary Cash $55.899 30 $55.899 30 FEDERAL W/H FICA & MEDICARE W/H FICA & MEDCR CITY SHARE Paid Chki 075589 3/19/03 ICMA RETIREMENT TRUST • 457 0 101-21705 Olher ReErement $300 00 Total ICMA RETIREMENT TRUST-457 $300.00 DEFERRED COMP Paid Chki 075590 3/19/03 LAW ENFORCMENT LABOR SERVICE G101-21707Union Dues $583 16 UNION DUES Total LAW ENFORCMENT LABOR SERVICE *$583.16 Paid Chki 075591 3/19/03 MN DEPT OP REVENUE G 101-21702State Withholding $4.556 72 STATE TAX W/H Total MN DEPT OF REVENUE $4,556.72 Paid C^)ki 075592 3/19/03 ORCHARD TRUST CO. TRU8TEE/CUST • G 101-21705Other Retirement $2.789 68 MN STATE RETIREMENT Total ORCHARD TRUST CO. TRU8TEE/CUST $2.789 68 Paid Chki 075593 3/19A)3 PEB8COK)BRA G 101-21705Other Retirement $4 79 OBRA DEFERRED COMP Total PEBSCO/OBRA $4.79 Paid Chki 07^594 3/19/03 PEBSCO/U8 CONF OF MAYORS G 101-21705Other Retirement $2.289 00 USCM-ENTITY 2339 Total PEBSCOA1S CONF OF MAYORS $2.28900 Paid Chki 075595 3/19/03 PUBLIC EMPLOYEES RETIREMENT 0101-21704 PERA $7,393.85 PERA CITY SHARE 0101-21704 PERA $5,711 27 PERA EMPLOYEE W/H Total PUBLIC EMPLOYEES RETIREMENT $13,105.12 PaidChk* 075596 3/19/03 UNITED WAY G 101-21708 United Way $6500 CHARITY DONATIONS Tout UNITED WAY $65 00 Paid Chki 075597 3/19/03 WISCONSIN SCTF G 101-21712other DeducUont $184 62 JOHNSON f 0002756898 Total WISCONSIN SCTF $18462 10100 Primary Cash $55.899 30 CITY OF ORONO *Check Detail Register<§) 03721/03 11:54 AM Page 1 MARCH 2003 Check Amt Invote# Comment 10100 Primary Ceth Paid Chk# 075598 3/24/2003 AJ. QALLAGHER A CO OF MN, INC E 602-49450-370 Insurance Agent of Record E 601-49400-370 Insurance Agent of Record E 101-42110-370 Insurance Agent of Record E 613-49830-370 Insurance Agent of Record E 101-41900-370 Insurance Agent of Record Total A.J. GALLAGHER A CO OF MN. INC $185 00 23061 $80 00 23061 $910 00 23061 $75.00 23061 $550.00 23061 $1,800.00 2nd Qtr Ins Agt Fee 2nd Qtr Ins Agt Fee 2nd Qtr Ins Agt Fee 2nd Qtr Ins Agt Fee 2nd Qtr Ins Agt Fee ^aid Chki 075599 3^4/2003 AOT SECURITY SYSTEMS E 613-49830-403 Repairs/Maint-M’isc. Equip E 613-49830-403 Repairs/Maint-Misc. Equip Total AOT SECURITY SYSTEMS $42401 42369770 $451.60 42369772 Alarm Service - GC Alarm Service - GC $875.61 Paid ChH# 075600 3/24/2003 ANDERSON, KRISTI E 101 -41300-319 Other Professional Services E 101-41300-319 Other Professional Services E 101-42400-319 Other Professional Services Total ANDERSON, KRISTI $10.00 3/17/03 $165.00 3/17/03 $260 00 3/17/03 Fee Adjustment Town Meeting-3/13 Planning - 3/17 $435.00 Paid Chki 075601 3/24/2003 ARAMARK REFRESHMENT SERVICES E 101 41900-201 Omce supplies $54.50 6013-306866 Coffee E 101-42110-201 Office supplies $110.56 6013-306867 Coffee E 101-41900-201 Office supplies $54.50 6013-306868 Coffee Total ARAMARK REFRESHMENT SERVICES $219 56 Paid Chk# 075602 3/24/2003 ARMOR HOLDINGS FORENSICS, INC E 101-42110-221 Equipment Parts A Accessories fj^ 85 F03-076201 Crime Scene Supplies ToUl ARMOR HOLDINGS FORENSICS, INC $180 85 Paid Chki 075603 3/24/2003 ARNESON. JOSHUA E 101-42110-437 Training & Development Total ARNESON, JOSHUA $23 03 3/16A)3 $2303 Mileage - SFST School Paid Chki 075604 3/24/2003 BANYON DATA SYSTEMS E 101-41900-401 Repairs/Maint-OfTice Equip E 227-45500-240 Small Tools and Minor Equip ToUl BANYON DATA SYSTEMS $395 00 9936 $1.384 32 9936 $1.779 32 Support - Inv Module Winfund Billing Module Paid Chki 075605 3/24/2003 BATTERIES PLUS E 601-49400-221 Equipment Parts A Accessories Total BATTERIES PLUS $44 70 57638 $44 70 Battedee Paid Chki 075606 3/24/2003 BCA • FORENSIC SCIENCE LAB E 101-42110-437 Training A Development $40 00 23613 Total BCA • FORENSIC SCIENCE LAB $40 00 Inlox Recert - Fischer Paid Chki 075607 3/24/2003 BONESTROO ROSENE A ASSOC. E 425-48945-304 Engir>eehng-Consulting E 101-43170-304 Engineenng-Consulting E 101-43170-303 Engineenng-Retainer E 101-43280-304 Engineenng-Consulting E 651-49910-304 Engineering-Consulting E 101-43170-304 Engineering-Consulting E 101-43170-304 Engineering-Consulting G 602-16500 Fixed Asset-Const in progress $588 00 $73 00 $100 00 $1,724 40 $3,912 40 $144 00 $70 00 $633.60 95734 95734 95734 95734 95734 95734 95735 95736 Navarre Fire Station Proj Letter to MCWD - PW Wetlands Council Mtgs 01/2003 Applic - Jan Final SWMP - Public/Distnt) Review City Hall Site Plan Bridge Inspection SCADA 01^003 CITY OF ORONO *Check Detail Register® 03/21/03 11 54 AM Page 2 ■■ MARCH 2003 Check Amt Invoice Comment E 402-46030-304 Engineering-Consulting E 402-46034-304 Engineering-Consulting E 406-48735-304 Engineering-Consulting E 402-48036-304 Engineering-Consulting E 415-48930-304 Engineering-Consulting E 651-49910-304 Engineering-Consulting O 602-16500 Fixed Asset-Const, in progress Total BONE8TROO R08ENE A ASSOC. $1.048 91 $4.76928 $807.50 $2.163 50 $1,419.00 $2.334 90 $748 29 $20.536 78 95737 95738 95739 95740 95741 95742 95743 Co Rd 19 Sidewalk OCB RdHwy 12to CR6 North Arm Paving Wiilowmi12 Left Arrow Sidewalk TH12/B.own Rd N Stubbs Bay Rd Erosion Imp NLL Swr Ext - John Makay Paid Chki 075608 3/24/2003 BOTACH TACTICAL.COM E 101-42110-228 Tr«. ning Supplies Tout BOTACHTACT1CAL.COM $W1 25 $341.25 55556 Tactical Slings Paid Chk« 075609 3/24/2003 CITY OF ORONO PETTY CASH G 613-10300 Change Fund $200 00 3/20/03 Total CITY OF ORONO PETTY CASH $200.00 Change Fund-2003 Season Paid Chki 075610 3/24/2003 DCA - WIRE ONLY 0101-21719 DCA/Spending Accounts Total DCA-WIRE ONLY $429 36 $429.36 3/10/03 Flex Spending 3/19/03 Paid Chk# 075611 3/24/2003 DE BAERE. DON E 101-43000-221 Equipment Parts & Accessories Tout DEBAERE.DON $17.50 $17.50 3/19/03 Propane PaidChka 075612 3/24/2003 DEALER AUTOMOTIVE SERVICES E 101-43000-403 Repairs/Maint-Misc Equip $133.13 1-030722 Soundproffing #426 1 oUl DEALER AUTOMOTIVE SERVICES $133 13 Paid Chk# 075613 3/24/2003 DELL E 101-42110-221 Equipment Parts & Accessories ToUl DELL $134.15 $134.15 292788875 Jet Direct Box 07S6'l4 G 101*21709 G 101-15998 3/24/2003 DELTA DENTAL Dental Insurance Non-Employee Health Ins Tout DELTA DENTAL $1.402 30 $54 50 $1.456 80 0037220072 0037220072 Dental Ins 4/2003 Dental Ina 4/2003 Paid Chk# 075615 3/24/2003 DEM-CON LANDFILL INC. E 101-45200-404 Repairs/Maint-Bldgs/Grounds $22 00 2447 Wire Fence Disposal Tout DEM-CON LANDFILL INC.$22 00 Paid Chk# 075616 3/24/2003 DEPT OF ADM • INTERTECH GROUP E 101-42110-311 Data Processing Communication $37 00 E 101-42110-321 Telephone $42 54 E 101-41900-321 Telephone $99 26 Totel DEPT OF ADM - INTERTECH GROUP $178 80 DV03010317 PVC Circuit - Jan 2003 W03010604 Phone Service 2/2003 W03010604 Phone Service 2/2003 PaidChka 075617 3/24/2003 DEPUTY REGISTRAR E 101-42110-441 licenses & Taxes $12 50 3/20/03 Title Sqd 196 E 101-42110-441 Licenses & Taxes $12 50 3/20/03 Title Squad 197 E 101-42110-441 Licenses & Taxes $12 50 3/20A)3 Title Squad 19S Tout DEPUTY REGISTRAR $37 50 E 101-43000-224 Street Mainl Matenals/Supply $137 77 1148827 Steel - W Femdaie Bridge CITY OF ORONO *Check Detail Register® 03/21/03 11 54 AM Page 3 MARCH 2003 Total DISCOUNT STEEL INC. ChecIrAmt $137.77 Invoice Comment Paid Chk« 075619 3/24/2003 E-ZRECYCUNO E 101-43270-316 Contract Recycling Pickup Total E-Z RECYCLING $6.^20 4863 $6,409 20 ' Recycling • 3/2003 I’aid ChkS 075620 3/24/2003 EMERGENCY MEDICAL PRODUCTS, IN E 101-42110-221 Equipment Parts & Accessories $24.26 403768 E 101-42110-221 Equipment Parts A Accessories Total EMERGENCY MEDICAL PRODUCTS. IN $260.^ Inv401246 $2^70 Cioth Tape First Aid Supplies Paid Chki 075621 3/24/2003 G S K SERVICES 0 602-20200 Accounts Payable $29 08 389643 Uniforms 0 101-20200 Accounts Payable $67 83 389643 Uniforms O 101-20200 Accounts Payable $4953 389643 Shop Towels E 602-49450-226Clothing & personal equipment $2683 494527 Uniforms E 101-43000-226Clothing & personal equipment $6258 494527 Uniforms E 613-49830-226Clothing A personal equipment $7.88 494528 Uniform - Steffenhagen E 601-49400-226Clothing A personal equipment $14.43 494529 Uniform • Rathbun E 101-43000-404Repairs/Maint-Bldgs/Orounds $9285 494530 Mat Service - PW E 101-42110-404Repairs/Maint-Bidgs/Grounds $12982494531 Mat Service - PD E 101-41900-404Repairs/Maint-Bldgs/Grounds $50 66 494532 Mat Service • Adm E 101-41900-404Repairs/Maint-Bidgs/Grounds $50 66 494533 Mat Service - CC E 101-43000-221Equipment Parts A Accessories $51 76 501588 Shop Towels E 101-43000-226Clothing A personal equipment $71 63 501588 Uniforms E 602-49450-226Clothing A personal equipment $30 70 501588 Uniforms E 613-49830-226Clothing A personal equipment $7.88 501589 Uniform - Stefonhagen E 601-49400-226Clothing A personal equipment $1443 501590 Unifbrm - Rathbun E 101-43000-226Clothing A personal equipment $87 87 508652 Uniforms E 602-49450-226Clothing A personal equipment $37 67 508652 Uniforms E 613-49830-226Clothing A personal equipment $6 56 508653 Uniform - Steffenhagen E 601-49400-226Clothing A personal equipment $1311 508654 Uniform - Rathbun Total GAKSERVICES $903 76 075622 3/24/2003 GENUINE PARTS CO. E 101-43000-221Equipment Parts A Accessories ($2 58) 704355 Return E 101-43000-221Equipment Parts A Accessories $2 44 900089 Carb Clearier E 601-494 30-221 Equipment Parts A Accessories $38 56 900206 Switch E 101-43000-221Equipment Parts A Accessories $4 25 900299 Brush E 101-43000-221Equipment Parts A Accessories $23 95 900532 Battery E 101-43000-221Equipment Parts A Accessories $11 53 901012 Fuse. Grease E 101-43000-226Clothing A personal equipment $55 93 901213 Oil, Filter. Cleaner E 101-43000-221Equipment Parts A Accessories $3162 901226 Barlight E 101-43000-221Equipment Parts A Accessories $1646 901819 Shop Supplies E 101-42110-221Equipment Parts A Accessories $508 901847 Misc Supplies E 101-43000-221Equipment Parts A Accessories $42 96 902166 Fuel Filters E 601-49400-221Equipment Parts A Accessories $9 46 902203 Bearing E 101-43000-221Equipment Parts A Accessories $11 58 902405 Polish, Armour All E 101-43000-221Equipment Parts A Accessories $36 50 902415 Battery. Connectors E 101-43000-221Equipment Parts A Accessories $37 16 902438 Battery E 101-43000-221Equipment Parts A Accessodes ($11.70) 902440 Battery E 602-49450-221Equipment Parts A Accessories $8 99 902489 Head Lamp E 101-43000-221Equipment Parts A Accessories $53 02 902617 Battery. Lamp E 101-43000-221Equipment Parts A Accessories $7 33 902651 Polish E 101-43000-221Equipment Parts A Accessories $99 57 903029 Lamp #424 E 101-43000-221Equipment Parts A Accessories $9 89 903094 halogen Lmp CITY OF ORONO *Check Detail Register® 03/21/03 11 54 AM Page 4 E 101-43000-221 Equipment Parts & Accessories Total GENUINE PARTS CO. MARCH 2003 Check Amt lnwlce_ Comment (111.70) 92756 Battery $460.30 *>aW Chk# 07S623 3«4/2003 GOOD, 8TEPHANY E 101-42110-437 Training A Development E 101-42110-437 Training A Development Total GOOD. STEPHANY $160.29 3/16/03 $26 00 3/16A)3 $166.29 Starategic Planning Retreat Meals - Chiefs Meeting Paid Chkf 075624 3/24/2003 GOPHER STATE ONE-CALL E 602-49450-469 Other Miscellaneous Charges E 601 -494(XM69 Other Mtscelianeous Charges ToUl GOPHER STATE ONE-CALL $14.72 3020611 $14.73 3020611 $2945 February 2003 Locates February 2003 Locates Paid Chkr075625 3/24/2003 GREGORY. JAMES E 601 -49400-437 Training A Development Total GREGORY. JAMES $107.31 3/18/03 $107.31 Mileage - Water School Paid Chk« 075626 3/24/2003 HENNEPIN COUNTY • HEALTH E 613-49630-437 Training A Development $35.00 OronoGolf Total HENNEPIN COUNTY-HEALTH $35 0b~ Cert Food Mgr Renewal 07S627 3/24/2003 MbWIEPIN COUNTY INFOR TECH OPT E 101-41900-329 Other CoTvnonications $79.56 23027180 E 101-42110-414 EDP/Communicatk)ns Equip Rent $1J!MJ3^ 23028014 Totol HENNEPIN COUNTY INFOR TECH DPT $1 ^9S7^ Data Base Access Radio Lease Paid Chk# 075626 3/24/2003 HENNEPIN COUNTY TR-TAX PYR SRV E 101-41900*201 Office supplies $61.01 1/14/03 E 306-47000-489 Other Miscellaneous Charges $2.65 38 E 311-47000-469 Other Miscellaneous Charges $72.00 38 E 313-47000-469 Other Miscellaneous Charges $57.00 36 E 314-47000-469 Other Miscellaneou'Charges $63 00 36 E 601-49400-489 Other MisceHa leous Cha'^ges $640 50 36 E 602-49450-469 Other Miscellaneous Charges ToUl HENNEPIN COUNTY TR-TAX PYR SRV $1 .171 16~ 2202 Microfiche. 2003 Hard Spec Asment Serv Charge Spec Asment Serv Charge Spec Asment Serv Charge Spec Asment Serv Charge Spec Asment Serv Charge Spec Asment Serv Charge Paid Chk# 075629 3/24/2003 HENNEPIN COUNTY TREASURER^AIL E 101-41600-309 Jail Charges 917 Total HENNEPIN COUNTY TREASURER^AIL $1 1AM Room and Board -1/2003 Paid Chk# 075630 3/24/2003 KENNETH N. POTTS. PA E 101-41600-307 Legal-Consulting $2.391 66 2/2003 ToUl KENNETH N. POTTS. PA $2.39166 Prosecutions 2/2003 v>aJd Chk# 075631 3'24/2003 LOGIS E 101-41900-401 E 101-42110-401 E 101-42110-310 E 101-41900-329 E 101-42110-329 E 101-41900-311 E 101-42110-310 E 101-42110-310 E 101-41900401 E 101-42110401 Repairs/Maint-Office Equip Repairs/Maint-Office Equip LOGIS-Applications Other Communications Other Communications Data Processing Communication LOGIS-Applications LOGIS-Applications Repairs/Maint-Office Equip Repairs/Maint-Office Equip ToUl LOGIS $650 00 $650 00 $2.407 00 $159 00 $159 00 $30 00 $1.643 00 $191 63 $6375 $63 75 $6*017 13 22646 22646 22660 22704 22704 22704 22704 22736 22765 22765 2003 Network WeHness 2003 Network Wellness System Development Internet -1/2003 Internet - 1/2003 Henn County Connection Police Records 1/2003 Reflections Renewal Innoculan update Innoculan update CITY OF ORONO *Check Detail Register<g) 03/21/03 11 54 AM Page 5 MARCH 2003 Invoice Comment Paid ChlTi~375632 1V24^003 LONG LAKE POWER EQUIPMENT E 101-43000-226 Clothing & personal equipment $90 47 43576 Total LONG LAKE POWER EQUIPMENT ~ $90 47 Safety Gl;»sse8 Paid Chk# 075633 3/24/2003 MBC PRESENTATIONS E 613-49830-437 Training & Development $175.00 3/17/03 Alcohol Sates Seminar • GC Total MBC PRESENTATIONS $175 00 Paid Chk# 075634 3/24/2003 MEDICA G 101-15998 Non-Employee Health Ins G 101-21706 Hospitalization/Medicat Ins G 101-21706 Hospitallzation/Medical Ins G 101-15998 Non-Employee Health Ins G101-21706 Hospitatization/Medical Ins Tout MEDICA $1,693.92 $9.937 20 $2,191 74 $2.57388 $8,507.46 $24.904 20 103091102552 Medica High 4/2003 103091102552 Medica High 4/2003 103091122585 Medica Low - 4/2003 103091125488 Medica Elect 4/2003 103091125488 Medica Elect 4/2003 Paid Chk# 075635 3/24/2003 MET C OUNCIL ENVIRONMENTAL SVCS E 602-49450-383 MWCC-Current Charges $27,954.33 752653 Total MET COUNCIL ENVIRONMENTAL SVCS Wastewater Charges 4/2003 $27.954 33 Paid Chki 075636 3/24/2003 MIDWEST FUELS E 10M3000-212Motor Fuels & Lubricants $646.18 12189 437.2 Gats Diesel 0101-14101 Gasoline Inventory $1,547.39 12189 983 Gals Unleaded Total MIDWEST FUELS $2,193 57 Paw Chk« 075637 3/24/2003 MN DEPT OF HEALTH E 601-49400-441Licenses 6 Taxes ___$2300 Debaer Operator License-DeBaere Tout MN DEPT OF HEALTH $23 00 T>a>d ChM 075638 3/24/2003 MTI OtST CO. F 613-4983(M03Repairs/Maint-Misc Equip $63292 339443 Sharpen Movrer Reels E 613-49830-403RepaIrs/Maint-MIsc Equip $126 02 339445 Sharpen Mower Reels Tout MTIDISTCO.$758 94 Paw Chk« 075639 3/24/2003 NAVARRE HARDWARE E10M2110-221 Equipment Parts & Accessories $6 77 113870 Hooks E 101-42110-221Equipment Parts & Accessories $23 42 113910 24** Pusher E 101-42110-221Equipment Parts & Accessories $6 38 114043 Spayer E 613-49830-201Office supplies $10 72 114057 Supplies E 101-43000-221Equipment Parts & Accessories $2973 114066 Paint. Pnmer E 601-49400-221Equipment Parts & Accessories $335 114125 1/4 "Pipe E 101-43000-221Equipment Parts & Accessories $7 44 114127 Tarp E 101-43000-221Equipment Parts & Accessories $7 44 114137 Tarp E 101-41900-221Equipment Parts & Accessories $372 114249 Enamel E 101-42110-221Equipment Parts & Accessones $9 14 114305 9" roller E 101-41900-223Bl^g/Grounds Maint Supplies $29 94 114485 Salt. Male Mender E 602-49450-227Ut lity System Maint Supplies $2 12 114571 Liq Chlorine E 602-49450-227Utility System Maint Supplies $212 114572 Liq Chlorine E 601-49400-227Utility System Maint Supplies $5 09 114655 Ammonia E 602-49450-227Utility System Maint Supplies $5 85 114676 Rope E 101-43000-224Street Maint Matenais/Suppty $14 14 114756 Ext cord E 101-42110-221Equipment Parts & Accessories $23 46 114777 Cleaning Supplies. Hook Tout NAVARRE HARDWARE $190 83 Paw Chki 075640 3/24/2003 OBRIEN, RANDY E 60149400-437Training 6 Development $154 64 3/1QA)3 Mttag« • Water School r CITY OF ORONO *Check Detail Register® 03/21/03 11:54 AM Page 6 Total OBRIEN. RANDY MARCH 2003 Check Amt Invoice Comment $154 64 Paid Chk« 075641 3/24/2003 OFFICE DEPOT E 101-42110-201 Office supplies E 101-41900-201 Office supplies ToUl OFFICE DEPOT $461.16 $33T35 $792 51 196551792-00 Office Depot 196551792-00 Office Depot Paid Chki 075642 3/24/2003 PIRTEK E 101-43000-403 Repairs^Voint-Misc. Equip Total PIRTEK $11 05 18706 $11.05 Elbow Paid Chki 075643 3^4/2003 PROTECTION ONE E 101-41900-469 Other Misoellaneous Charges Total PROTECTION ONE $17000 $179 00 12677S51 Alarm Service 4/1-6/30A)3 Paid Chki 075644 3/24/2003 QUARTERLY ADVERTISING. INC E 613-49830-340 Ger)eral Advertising $325 00 Total QUARTERLY ADVERTISING. INC $32^~ 1735 Print Adv-GC Paid Chki 075645 3/24/2003 3IRCHIE FINGER PRINT LABS E 101-42110-221 Equipmen: Parts & Accessories ToUl SIRCHIE FINGER PRINT LABS $312 63 304702 $312.83 Crime Scene Supplies Paid Chki 075646 3/24/2003 ST. PAUL. CITY OF E 101-42110-437 Training A Development Tout ST. PAUL, CITY OP $125 00 77431 $i2i(M Tactical Saarch-Fischer Paid Chki 075647 3/24/2003 STANTON GROUP E 101-41900-489 Other Miscellaneous Charges $93 50 333638 COBRA Adm • 2/2003 E 101 -419(X)-489 Other Miscellaneous Charges $137 75 333639 PSA Adm 1/2003 ToUl STANTON GROUP $231J25 Paid ChM 07564S 3/24/2003 STAR TRIBUNE E 101-41900-352 Printing & PubiMhing $368 90 012757006 Adv for Emp - Cust Service ToUl STAR TRIBUNE $368 90 Paid Chki 075649 3/24/2003 STS CONSULTANTS LTD. E 425-48945-304 Engineenng-Consulting $3,025 00 241436 Sod Boringa • Nvr Fire ToUl STS CONSULTANTS LTD $3.025 00 Paid dhki 075650 3/24/2003 SUPERIOR FORD E 101-42110-550 Automotive Equipment $23 386 00 16128 Pure!) Squad 195 E 101-42110-550 Automotive Equipment $23.38600 16129 Purch Squad 196 E 101-42110-550 Automotive Equipment $23.386 00 16130 Purch Squad 197 ToUl SUPERIOR FORD $70.158 00 E 101-41300-489 Other Miscellaneous Charges ToUl TEMPORARIES-TO-GO $67 50 $67.50 10763 Temp Help - Holiday party Paid Chki 075652 3/24/2003 TOLL GAS S WELDING SUPPLY E 101 13000-221 Equipment Parts & Accessories ($16 65) E 101-43000-221 Equipment Parts A Accessories E 101-43000-221 Equipment Parts A Accessories ToUl TOLL GAS A WELDING SUPPLY $96 89 $546 $85 70 238705 413670 Credit on Account Welding Supplies Cylinder Rental PaidChk# 0iS^53 3/24/2003 UPPER MIDWEST RCPI CITY OF ORONO 03/21/03 11 54 AM Pages *Check Detail Register® MARCH 2003 Check Amt Invoice Comment Fund Summary 101 OCNERALFUNO 227IMPR/EQUIP CAPITAL OUTLAY FUND 306 1992 IMRPROVEMENT BONDS FUND 311 1997 IMPROVEMENT BONO 312 1990 HRA REFUNDING BOND FUND 313 1999 IMPROVEMENT BOND 314 2000 ilPROVEMENT BOND 402 MUNICiPAL ST AID ST CONSTUCT 406 PERMANENT IMPROVEMENT REVOLVE 415 2001 SENIOR HSO TIF CONST FUND 425 NAVARRE FIRE STATION PROJ FUND 601 WATER OPERATING FUND 602 SEWER OPERATING FUND 613 GOLF COURSE 651 STORM WATER UTILITY OP FUND 10100 Primary Cash $133,390.70 $1.364 32 $221.03 $240 36 $750 00 $57.00 $350 50 $7,961.69 $607 50 $1.41900 $3.61300 $2,211.31 $29,965.43 $2,477.59 $6,247.30 $191,116.75