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04-28-2003 Council Packet
L AGENDA FOR COUNCIL MEETING SET FOR MONDAY, APRIL 28,2003,7:00 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 the Agenda items arc available in the Public Packet - located on the counter near the sign in sheet. ROLL CALL RECOGNITION 1. Jan Berg - Planning Commission - Resolution •iMn CONSENT AGENDA 2. Approve// mend APR 2 8 2005 CiTVOHOfto/vo APPROVAL OF MINUTES • 3. Regular Council Meeting April 14,2003 PARK COMMISSION COMMENTS - Pat Wolfe PLANNING COMMISSION COMMENTS - Sandra Smith LMCD REPORT - Lili McMillan PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT 4. #02-2840 Dahlstrom Development LLC, 2550 Wayzata Boulevard West - Final Plat Approval - Resolution #02-2859 Blake and Mary Bichanich, 332 Westlake Street - Variances - Resolution #03-2876 Sevie Lanning, 3329 Crystal Bay Road - Variances - Resolution 03-2880 Fred Johnson, 1926 Fagemess Point Road - Aftcr-the-Fact Variances #03-2884 John and Cheryl Fiebelkom, 2730 Shadyw'ood Road - Variances - Resolution #03-2887 Minnetonka Custom Homes, 4753 North Shore Drive - Variances - Resolution 10. #03-2888 Jim Cusack, 4140 Highvvood Road - Variance Renewal - Resolution 11, Joint Use Dock Licenses 5. 6. 7. 8. 9. MAYOR/COUNCIL REPORT PUBLIC SERVICE DIRECTOR’S REPORT 12. NPDES Phase II Stormwater Permit 13. SC ADA System - Change Order No. 1 14. Hennepin County Cost Participation Agreement for County Road 6 Trail - Resolution CITY ADMINISTRATOR’S REPORT 15. Pay Request - Navarre Fire Station 16. Request for HRA to Call for Bond Sale - Resolution AGENDA FOR COUNCIL MEETING SET FOR MONDAY, APRIL 28,2003,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, OROWO, MINNESOTA 17. 18. 19. 20. Personnel Matter A Personnel Matter B Second Addendum to Ground Lease and Sublease with the Orono Schools and the Orono Baseball Association Schedule Special Council Meeting/Work Session CITY ATTORNEY ’S REPORT 21. LICENSES Kennel Special Event Permits * 22. BILLS UPCOMING ISSUES AND EVENTS 2003 04/28 - Council Meeting, 7:00 p.m. 05/01 05/03 05/05 05/07 05/10 05/12 05/19 05/24 05/26 05/27 05/31 Council Work Session, 5:30 p.m. Spring Cleanup Day, Saturday, 8:00 a.m. - 2:00 p.m. Park Commission Meeting, 7:15 p.m. Planning Commission Work Session, 5:30 p.m. Spring Cleanup Day-Construction Debris Only, Saturday, 8:00 a.m. - 2:00 p.m. Council Meeting, 7:00 p.m. Planning Commission Meeting, 6:30 p.m. Leaf and Grass Disposal, Saturday. 8:00 a.m. - Noon HOLIDAY, Observance of Memorial Day Council Meeting, Tuesday, 7:00 p.m. Leaf and Grass Disposal, Saturday, 8:00 a.m. - Noon 06/02 - Park Commission Meeting, 7:15 p.m. 06/04 - Planning Commission Work Session, 5:30 p.m. 06/07 - Leaf and Grass Disposal, Saturday, 8:00 a.m. - Noon 06/09 - Council Meeting, 7:00 p.m. 06/16 - Planning Commission Meeting, 6:30 p.m. 06/23 - Council Meeting, 7:00 p.m. Public A ttendance Meeting D ate H/z^/ c ^ ^ Council □ Planning Commission □ Park Commission □ Other____________ NAME (please print) Please fill outthe information requested BELOW FOR OUR Cm' RECORDS. ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER I... rilli^yri OU'i/4r.fT /i’f)_______OJ f 3. ____ 4. 0l4iLi S A Tifj 67 - ^hHO 5. tiU,),^j'L 6. IVS1; L F *11» U. ■ ■ — • ^ k.' ■ c t ■ •r> 4 ‘ v i' i V O 7. 9_ 10.. n.. 12.. 13. . <-^C^ • f*' 14. 15.. H :U4Mtatoirall«t SnpporiMromsrPnBIk Atto<i*MMt.wp4 I ---------------------------------- APR 'i 8 200](b CITY Or wriwitO A RESOLUTION OF APPRECIATION TO JAN BERG FOR DISTINGUISHED SERVICE AS A MEMBER OF THE PLANNING COMMISSION RESOLUTION NO. 4946 WHEREAS, Jan Berg has served this community with distinction during her ten years as a member of the Planning Commission; and WHEREAS, her years of service have been marked by exemplary dedication to the best interests of the community; and WHEREAS, she has earned the admiration and high regard of those with whom she has worked; and WHEREAS, the performance of her duties and responsibilities as a member of the Planning Commission has been characterized by excellent and constructive contributions to the community. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono does hereby express its sincere appreciation and thanks to Jan Berg for her distinguished service to the community and does also highly commend her for the maimer in which she has carried out her duties and responsibilities. BE IT FURTHER RESOLVED, that the City Council extends to her best wishes for continued success in her future endeavors. Adopted by the City Council of Orono, Minnesota at a regular meeting held this 28th day of April, 2003. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor 1 I ORONO CITY COUNCIL MEETING MONDAY, APRIL 14,2003 APR 24 jggj 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 Moorse, Planning Director Mike Gaffron, City Planner Jcnnifei 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. RECOGNITION 1. Jan Berg—Planning Commission—Resolution No. 4946 Council decided to continue Item 1, so that Jan Berg could be present for the presentation. 2. Sherokee Use—Parks, Trails and Open Space Commission—Resolution No. 4947 Mayor Peterson read the resolution into record, and thanked Sherokee Use for her years of service and dedication. Murphy moved, and Nygard seconded, to adopt Resolution No. 4947 of appreciation to Sherokee Use for distinguished service as a member of the Parks, Trails and Open Space Commission. Vote: Ayes 5, Nays 0. 3. Rick Meyers—Parks, Traiis and Open Space Commission—Resolution No. 4948 Mayor Peterson read the resolution into record, and thanked Rick Meyers for his years of service and dedication. Murphy moved, and Nygard seconded, to adopt Resolution No. 4948 of appreciation to Rick Meyers for distinguished service as a member of the Parks, Trails and Open Space Commission. Vote: Ayes 5, Nays 0. CONSENT AGENDA ORONO CITY COUNCIL MEETING MONDAY, APRIL 14,2003 4. Approve/Amend Items 13,14,15,16,17, and 20 were added to the Consent Agenda. Murphy moved, and Nygard seconded, to approve the consent agenda as amended. Vote: Ayes 4, Nays 0, Abstain I (Sansevere). APPROVAL OF MINUTES *5. Minutes of the Regular Council Meeting of March 24,2003 Murphy moved, and Nygard seconded, to approve the Minutes of the Regular Council Meeting of March 24,2003. Vote: Ayes 4, Nays 0, Abstain 1 (Sansevere). PARK COMMISSION COMMENTS—DREW MCDERMOTT McDermott reported that Gabriel Jabbour had briefed the Commission on Crystal Creek Park, the Luiton property, and on the Dakota Rail project. McDermott stated they arc very happy with Jabbour’s work on behalf of the City, and he is an asset to the Park Commission. The Navarre Park neighborhood met, and told the Commission they appreciate the work done on the park, but arc anxious to have sidewalks and trails installed. They would like to dedicate a crabapple tree to Rick Meyers in the Navarre Park, and a small planting bed to Sherokec Use in front of the sign in Bederwood Park to recognize them for their work on the Commission. White asked if the City could get a matching grant of S5000 from the Twins to put in a softball field, would they find somew here to locate it. White stated they could designate the field for softball or baseball, but Orono already has baseball fields. Sansevere suggested partnering with an association to find a location. McDemiott stated they would look into it, but possibly Saga Hill would work. PLANNING COMMISSIO.N COMMENTS—LIZ HAWN None. ORONO CITY COUNCIL MEETING MONDAY, APRIL 14,2003 PUBLIC COMMENTS Mayor Peterson read a letter she had received from Mr. Larry Silliman stating that he had met with Wendy Bottenberg concerning the purchase and redevelopment of some Lake Minnetonka property. He had heard that Orono was a difficult city to work with because of the many rules and regulations. He felt, however, that he understood the City ’s rules after his meeting and commended Bottenberg on her professionalism, thoroughness, and pleasant demeanor. Mayor Peterson thanked Bottenberg for her excellent job. ZONING ADMINISTRATOR’S REPORT 6. #02-2859 Blake & Mary Bichanich, 332 Westlake Street—Variances Chaput slated that the application was tabled on March 10,2003 so that the applicant could redesign the house to meet side yard setbacks. At the March 10*'’ meeting, Council discussed approving the lot width and lot area variances, but was prepared to deny the side yard setback variance. The Planning Commission had recommended a compromise of allowing 20 ’ setbacks on either side. Staff recommended the required 30' setbacks because the proposed house would be new construction, which should meet the minimum standards. Bichanich redesigned the house to meet the 20 ’ setbacks with a 4’ encroachment of overhangs on each side, though staff had advised that he redesign to meet the zoning ordinance requirements. Sansevere asked what the hardship was. Chaput stated that the Planning Commission identified the following hardship: that because the applicant joined two 50 ’ wide lots in 1093 to closer conform with zoning requirements, the applicant was permitted to connect two e.xisting homes with substandard side yard setbacks. Also, the combined lot is very long and narrow, creating difficult conditions to build a home that takes full advantage of the lakeshore. Liz Hawn stated that the proposed design seems to fit the lot and that meeting the 30 ’ setbacks would overly constrain the applicant. Gaffron stated that the Commission was looking for a compromise. Mayor Peterson stated that the hardships listed are not true hardships. Hawn stated that the setbacks in that zone are very large. ORONO CITY COUNCIL MEETING MONDAY, APRIL 14,2003 6. #02 ‘28S9 Blake & Mary Bichanich, 332 Westlake Street—Variances—Continued Gaffron stated there needs to be a reasonable width to the house in relation to the lot size. He stated Council should decide whether a 40' or 60 ’ house is reasonable on a 100' wide lot. Murphy stated that he saw no hardships, but couldn't reasonably require 60 ’ of setback on a 100’ lot. Sansevere stated he agrees, but they arc legally bound to find a hardship. White stated he also agreed, but wasn’t comfortable requiring a 30 ’ setback, when the other lots in the neighborhooa all had 10’ or less. Gaffron stated that the lot is somewhat unique because it is 100’ wide in the 2-acrc zone. However, by approving the variance, Council would be setting a precedent to allow 20' setbacks for all 100’ wide lots in 2-acre zones. Moorse stated that approving that variance would, essentially, change the zoning requirements. He suggested doing something with broader implications, along the line of Big Island ’s zoning, where there is cut-off width so lots under 100’ wide are required a 10’ setback, and over 100’ are required a 30 ’ setback. He stated Council should consider a category of lots, instead of just one application. Murphy asked what impact the length of the lot has on the house. Gaffron stated it had none because the back half of the lot was inconsequential. The applicant met the hardcover requirements in the 75-250’ zone without considering the e.xtra length to the lot. Sansevere stated that perhaps narrow lots should have narrow houses. Sansevere stated that the 20’ setbacks would have the visual impact of 16 ’ setbacks because of the overhang encroachment. White asked why Big Island ’s zoning is different. Gaffron stated it is because it is seasonal recreational and buildings are smaller, they were regulating reasonable development. Barrett stated that if Council approved the variance, anyone with a 100’ wide lot could claim the same hardship: that it’s the nature of the lot. Bichanich asked how many 100’ wide lots c.xist in the 2-acre zone. Gaffron stated not many, and not all of them are long and narrow. White suggested finding an average side yard setback, as is done for lakeshore setback. Sansevere asked how often similar applications have come and been denied. Gaffron stated none that he was aw are of. Bichanich stated that he and staff had looked for Ir'- ORONO CITY COUNCIL MEETING MONDAY, APRIL 14,2003 6. U02-2859 Blake A Mary Bichanich, 332 Westlake Street—Variances—Continued precedents and found none. Gaffron stated that they have the same issue with '/i-acre lots in the 1-acrc zone. If setbacks are too small, then drain,:ge issues arise. Sansevere stated that they have to work with the rules in place, or change them, but there is no hardship. White agreed. Gaffron stated they could provide Council with a review of lakeshorc lots in the 2*acrc zone and get the percentages that would meet the conditions under review, so that Council could consider whether a code change might be appropriate. Murphy stated the planned house would be significantly larger than the neighboring homes. The precedent would be that every time lots get combined, people would build to a 20’ setback with 4 ’ encroachments. Moorse stated that Orono has tried to maintain spaee between houses as part of its character. He suggested keeping some green space between houses, especially in an area where the Houses arc typically close together. Murphy moved, and White seconded, to approve the requested variances for lot area of 1J4 acres where 2 acres are required, and lot width of 100.28’ where 200’ is required with the condition that the existing shed in the 0-75 ’ zone be removed, and to deny the requested side yard setback variance, requiring a setback of 30’. Vote: Ayes 5, Nays 0. *7. 1102-2863 Richard Kail, 3753 Casco Avenue—Variances—Resolution No. 4949 Murphy moved, and Nygard seconded, to adopt Resolution No. 4949 granting a variance to Municipal Zoning Code Section 10.25, Subdivision 6(B) to allow construction of a new single family residence to replace a pre-existing residence on a .37 acre lot in the LR-IC Zoning District where a .5 acre minimum lot area is required; and to deny a variance for lot coverage by structures for said construction. N’ote: Ayes 4, Nays 0, Abstain 1 (Sansevere). *8. #03-2867 Daniel Adams, 1145 Tonkawa Road—Variances—Resolution No. 4950 .Muriihy moved, and Nygard seconded, to adopt Resolution No. 4950 granting a variance to Municipal Zoning Code Section 10.22, Subdivision 1(B) and 2, Section 10.56, Subdivision 16(C), Section 10.56, Subdivision 16(C)(6), Section 10.56, Subdivision 16(L)(1) and (2) to allow construction of a new second storv to the ORONO CITY COUNCIL MEETING MONDAY, APRIL 14,2003 *S. #03-2867 Daniel Adams, U4$ T^kijn-a Road —Variances—Resolution No. 4950 —Continued existing house to be 62* from the OHWL of Lake Minnetonka where 75* is required, a screen porch to be 70* from the OHWL where 75* is required, an average lakesbore setback encroachment of 17*, to allow 1,215 s.f. (10%) hardcover in the 0* 75* setback zone where 0 s.f. (0%) is allowed, to allow 9,092 s.f. ^3%) hardcover in the 75-250* setback zone w here 6,866.25 s.f. (25%) is allowed. Vote: Ayes 4, Nays 0, Abstain 1 (Sansevere). *9. #03-2874 Richard Kail, 3753 Casco Avenue —Vacation—Resolution No. 4951 Murphy moved, and Nygard seconded, to adopt Resolution No.495l denying a request for vacation of a platted alley between Lots 6 and 7, Block 4, Casco Heights. Vote: Ayes 4, Nays 0, Abstain 1 (Sansevere). *10. #03-2877 Shane & Kristine Rudd, 601 Park Lane—Variances—Resolution No. 4952 Murphy moved, and Nygard seconded, to adopt Resolution No. 4952 granting variances to Municipal Zoning Code Section 10.24, Subdivision 5(B); Section 10.22, Subdivision 2; Section 10.56, Subdivision I6(L)(2); Section 10.03, Subdivision 14(C); and Section 10.03, Subdivision 15(A) to allow a 168 s.f. first story garage addition svith a second story’ bedroom onto the street side of the existing home and to reconstruct a main entry landing on the south side, with side yard setbacks of 8.4* on the north and 6.5* on the south (for main entry landing) where 10* is required; an overhang encroachment of not more than 1.75* into the north and south substandard side setbacks; a revised decorative wall, meeting the required height limits for a fence in the side yard (6* maximum); 3396 s.f. (65.06%) hardcover within the 75- 250* lakeshore setback zone where 1305 s.f. (25%) is permitted; 337 s.f. (9.03%) hardcover within the 0-75 ’ lakeshore setback zone where none is permitted; and lot coverage by structure of 2,016 s.f. where 1,500 s.f. is permitted. V'ote: Ayes 4, Nays 0, Abstain 1 (Sansevere). '*11. #03-2878 Edward Hamm, 485 Orono Orchard Road South—Variances—— Resolution No. 4953 Murphy moved, and Nygard seconded, to adopt Resolution No. 4953 granting variance to Municipal Zoning Code Section 10.03, Subdivision 15(C) to permit a 7’ monument and gate at the driveway entrance to be constructed within the 50* front yard street setback w here a monument and gate of 3.5* is allowed. \'ote: Ayes 4, Nays 0, Abstain I (Sansevere). I II~ fTT TitU laA . II ORONO CITY COUNCIL MEETING MONDAY, APRIL 14,2003 12. #01-2714 Fred Puzak, 1340 Baldur Park Road—Review of Variance Conditions The applicant was not present, so Council decided to table the item indefinitely. Nygard moved, and White seconded, to table Item 12. Vote; Ayes 5, Nays 0. MAYOR/COUNCIL REPORT Murphy stated that he had attended the Parks Commission meeting. There was a discussion concerning hardcover variances given over the last few years. They feel that if Orono is serious about the lakes and water quality, then they should look at how variances are given. Mayor Peterson stated that there is a lack of trees on Fox and Old Crystal Bay Roads. Gappa stated that the trees were trimmed because they were in the right-of-way and had to be dramatically cut back because they had grown into the street. The homeowners had asked the trees be replaced, but he feels that is unnecessary. If the City replaces the trees, they would have to do so for every homeowner who complains about how their trees arc trimmed. Murphy stated that the trimming had changed the character of the neighborhood. Gappa stated that if the City replaces the trees, they would need to give a specific reason to justify it in this one instance. Nygard stated there will be a buckthorn removal DNR project in the park behind Trinity Lutheran Church on County Road 6 in Wolsfcld Woods. He suggested the City help advertise for volunteers. Nygard asked if the street sweepers clean streets near the lakes as a first priority, moving dirt away from the lake in order to avoid early rain washing sand and salt into the lake. Gappa stated they begin with the main roads. Nygard suggested they clean the lake streets first to help protect the lakes from unwanted runoff PUBLIC SERVICE DIRECTOR’S REPORT *13. Accept Quotations for Heritage Drive Sewer Extension Murphy moved, and Nygard seconded, to establish a $14,400 per property connection fee for the connection of 1955 and 1980 Heritage Drive to the Heritage Drive pressure sewer extension project with the provision that the property owners can request to be assessed for the project costs at a 6.25% interest rate for a 15-year time period. Vote: Ayes 4, Nays 0, Abstain 1 (Sansevere). -.r-wA.Tihii ORONO CITY COUNCIL MEETING MONDAY, APRIL 14,2003 *13. Accept Quotations for Heritage Drive Sewer Extension—Continued Murphy moved, aod Nygard seconded, to accept the quotation in the amount of S13,125 from EJ Mayers Inc., Corcoran, Minnesota for completion of the Heritage Drive Sewer Extension project with project funding from the Sewer Fund and approval of the appropriate year 2003 budget adjustment. Vote: Ayes 4, Nays 0, Abstain 1 (Sansevere). *14. Accept Quotations for Willow/TH12 Traffic signal Revisions Murphy moved, and Nygard seconded, to rescind previous acceptance of the quotation from Ridgedale Electric and to accept the quotation in the amount of $12,550 from Egan-McKay of New Hope, Minnesota for completion of the Willow Drive/TH 12 Traffic Signal Revisions Project and approval of a budget adjustment for the Year 2003 State Aid Construction Fund to reflect this expenditure. Vote: Ayes 4, Nays 0, Abstain 1 (Sansevere). CITY ADMINISTRATOR’S REPORT *15. Pay Requests—Long Lake Fire Station Murphy moved, and Nygard seconded, to approve the requests for payment in the amounts of $1,560.00 to Connectivity Solutions, $127.00 to GME Consultants, $2,115.00 to Manor Electric, $8,836.00 to SHE, and $12,050.32 to BKV Group, to be funded from the Joint Fire Account. Vote: Ayes 4, Nays 0, Abstain 1 (Sansevere). *16. Application and Certificate for Payment No. 11—Long Lake Fire Station Murphy moved, and Nygard seconded, to approve Application and Certificate for Payment No. 11 from Rochon Corporation in the amount of $48,259.40 to be funded from the Joint Fire Account Vote: Ayes 4, Nays 0, Abstain 1 (Sansevere). *17. Bid Award—2003 Insurance Package—Resolution No. 4954 IVIurphy moved, and Nygard se'*onded, to award the 2003 insurance package effective January 1,2003 to the League of Minnesota Cities Insurance Trust for worker compensation coverage, $65,442; comprehensive municipal property and casualty package, $76,495; umbrella excess liability, $18,976; petrofund reimbursement, $357 open meeting iaw, $713; boiler and machinerv', $1,703; surety bonds, $959; and golf course liquor liability, $563; and to adopt Resolution No. 49SI, Not To Waive The Statutor}’ Tort Limits For Liability Insurance Purposes. 8 ORONO CITY COUNCIL MEETING MONDAY, APRIL 14,2003 *17. Bid Award—2003 Insurance Package—Resolution No. 4954—Continued Vote: Ayes 4, Nays 0, Abstain I (Sansevere). !8. Appointment of Planning Commission Members Nygard stated that he has no issues with Stephanie Zugschwert, but would not be able to vote for David Rahn because he has not kept commitments he made to the Council regarding his property. An example is his practice of pumping water into the lake instead of letting it settle naturally. GaiTron stated tiiat he is not aware of any regulations making it illegal to pump water into the lake, but it is against Orono’s philosophy as described in the Comprehensive Plan. Mayor Peterson moved, and Murphy seconded, to reappoint David Rahn to a 3-year term on the Planning Commission, and to appoint Stephanie Zugschwert to a 3-year term on the Planning Commission. Vote: Ayes 3, Nays 1 (Nygard), Abstain 1 (Sansevere). Nygard moved, and Sansevere seconded, to appoint Jan Berg as an alternate member of the Planning Commission. \’ote: Ayes 5, Nays 0. 19. Personnel Matter Murphy moved, and Sansevere seconded, to continue Item 19. Vote: Ayes 5, Nays 0. CITY ATTORNEY’S REPORT Barrett stated that he had possible options for dealing with buildings in poor repair. Some cities fine residents who fail to keep up their properties. While he is concerned regarding whether Orono has authority to fine residents for failure to keep up property, many people, when threatened with a fine, will lake care of the problem. However, the process necessary to administer a system of fines can be onerous. The other option is to declare the buildings as hazardous. The City would then make the repairs and assess the costs back to the property owner. Barrett felt that would be the best method, and would be authorized under the City statutes. The best approach in relation to a hazardous building is to begin with letters concerning individual issues and try to work out a solution. It is much preferable to avoid the actual court action, as it is expensive and can take a long time. i ORONO CITY COUNCIL MEETING MONDAY, APRIL 14,2003 CITY ATTORNEY'S REPORT—Continued White suggested remarking in the letters that if someone needs assistance to fix a problem, the City would help by directing them toward financial assistance programs such as the MHFA. Gaffron stated the City already does this on an annual basis. Mayor Peterson asked how many problem properties there arc. Moorse stated there are less than a dozen. Gappa stated some are high profile. The meeting went into Executive Session at 8:20 p.m. *20. LICENSES Liquor Set*up 1.Dan Scherven Navarre Lanes, Inc. 3435 Shoreline Drive Special Event Permit 1.Fred & Eleanor Winston (Wedding dinner and dance) 765 Spring Hill Road Murphy moved, and Nygard seconded, to approve the above listed licenses. Vote: Ayes 4, Nays 0, Abstain 1 (Sansevere). *21. BILLS Murphy moved, and Nygard seconded, to approve payment of the All Funds Account. Vote: Ayes 4, Nays 0, Abstain 1 (Sansevere). ADJOURNMENT —— ORONO CITY COUNCIL MEETING MONDAY, APRIL 14,2003 ATTEST: Linda S. Vce, City Clerk Barbara Peterson, Mayor B 3600 D 3200 E- I I 2800 2400 G 2000 H I I 1600 K j3j« j «!>. «vcmj;Id »*V7*TA U«. H«rr lltUCT Picwr. 05^■5-2***ll itOOT'.luo •XVIt «____o TRDftL 11 1 03-2KH Td^BiY (•) Asterisk items are considered to be routine items to be jn the I under the Consent Item* on the agenda. Memos regarding each of the Agenda items arc avaiiaoi —1200 Public Packet • located on the counter near the sign in sheet. ROLL CALL RECOGNITION 1. Jan Berg - Planning Commission - Resolution >— — —1» • ^ CONSENT AGENDA 2. Approvc/Amend approval of minutes • 3. Regular Council Meeting April 14,2003 2 8 2605 Or,'^»»0 A * 1 P/VRK COMMISSION COMMENTS - Pat Wolfe PLANNING COMMISSION COMMENTS - Sandra Smith LMCD REPORT - Lili McMillan PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTR.\TOR'S REPORT pi„ 4. W02-2840 Dahlstrom Development LLC, 2550 Wayzata Boulevard West-Fin Approval - Resolution • 5 #02-2859 Blake and Mary Bichanich. 332 Westlake Street-Vananccs-Resolution • e! #03-2876 SevieLanning. 3329 Crystal Bay Road-Variances-Resolution 7. 03-2880 Fred Jolinson, 1926 Fagemess Point Road-After-the-Fact Variance • 8. #03-2884 Joltn and Cheryl Fiebelkom, 2730 Shadywood Road-Variances- • 9 #03-2887 * jietonka Custom Homes, 4753 North Shore Dnvc-Variances-Resolution • 10. #03-2888 Jim Cusack. 4140 Highwood Road-Variance Renewal-Resolution 11. Joint Use Dock Licenses MAYOR/COUNCIL REPORT PUBLIC SERVICE DIRECTOR’S REPORT 12. NPDES Phase 11 Stormwater Permit 13. SCADA System - CHiangc Order No. 1 i o , 14. Hennepin County Cost Participation Agreement for County Road 6 Trail - Resolution CITY ADMINISTRATOR'S REPORT 15. Pay Request - Navarre Fire Station 16. Request for HRA to Call for Bond Sale - Resolution 17. Architect Contract for Navarre Fire Station AGENDA FOR COUNCIL MEETING SET FOR MONDAY, APRIL 28,2003,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARIOVAY, ORONO, MINNESOTA 18. Project Manager Contract for Navarre Fire Station 19. Personnel Mailer A 20. Personnel Mailer B ^ ^ n u n 2 1. Second Addendum to Ground Lease and Sublease wilh the Orono Schools and ihe Orono Baseball AssociationAssociation 22. Schedule Special Council MeclingAVork Session CITV ATTORNEY’S REPORT 23. LICENSES Kennel Special Event Permits • 24. BILLS UPCOMING ISSUES AND EVENTS 2003 I'. f ♦ t i General Concept Plan Approval (Resolution No. 4852); August 26,2002 ***-^.. ______ General Dev. Plan Appruva? 4L Prcl. Plat Approval (Resolution No. 4915): January* 27, 2003 i 6 JOOJ REQUEST FOR COUNCIL ACTION CITY Ur Date: April 25,2003 Item No.: ^ Department Approval: Administrator Approval: Name:Michacl P. Gaffrop^^l^^ Title: Planning Director Agenda Section: Zoning Item Description: #02-2789/02-2840 Dahlstrom Development, LLC, “2550" Way-zata Blvd, - PUD. No. 4 & Proposed Rcaidcnlial Development - - Request for Final Plat Approval for Plat of STONEBA Y List of Attachments A - Final Plat Drawings B - Resolution for Final Plat Approval C - City Engineer’s Comments 4/25/03 D - Latest Draft of PUD No. 4 Agreement E - Draft Rezoning Ordinance On January 27,2003 Council adopted Resolution No. 4915 “Granting Preliminary Plat Approval and General Development Plan Approval for Planned Unit Development No. 4 for Dahlstrom Development LLC - File #2789/2840". The approval included acceptance of certain wetland impacts and setback variances, and Council also approved the temporary use of Outlot A at the comer of Willow/12 for a sales trailer. The applicants have submitted final development plans (57 sheets) for staff review and confinnation of confomiancc with the provisions of Resolution No. 4915, and final plat drawings for review and approval by the Council. The City Engineer has reviewed the plans regarding engineering matters and has provided a letter with comments (Exhibit C). He has confimicd that no further changes to the plat draw ings are expected. Staff is still reviewing the plan set but at this point we see only minor revisions if any, and nothing that will require changes to the plat. The applicants are requesting Final Plat Approval at this time. The attached Resolution includes language that requires completion and execution of the PUD No. 4 Agreement and completion of other actions prior to release of the Plat for filing. The applicants have indicated they will have the mylars available for signature at Monday ’s meeting. A paper copy of the final plat draw ings is attached as Exhibit A. I i #02-2840 April 25,2003 Page 2 The flnal plat is for Phase 1 of the Development, which in addition to the construction of Kelley Parkway and the regional pond will include the easterly grouping of 2-story and rambler townliomcs. Future separate Phases will be the Lofts; the westerly grouping of rambler and 2-story townhomes; and the 4 ‘Villa’ rambler townhomes at the northeast comer of the site. Site grading and road/pond construction is expected to begin in early summer. Staff is currently reviewing the status of the reconveyance for the portions of Kelley Parkway and the stormwater pond within MnDOT right-of-way. The most recent draft of the Planned Unit Development No. 4 Agreement is attached. Staff and the City Attorney are in discussions with applicants and their attorney regarding certain aspects of the Agreement, and we hope to have remaining issues resolved within the next two weeks. Once the Plat and Agreement are executed, the Council will be presented with an ordinance for the formal rezoning of the site to PUD, the residential portion north of Kelley Parkway will be rezoned to PUD/RPUD and the commercial outlets will remain as PUD/RR-IB until they are replatted as Lots and rezoned for office use as guided in the 2000-2020 CMP. STAFF RECOMMENDATION A majority of the pending issues have been resolved. The Final Plat Approval Resolution as drafted inch: les a number of conditions that must be met before the plat can be released for filing. Staff recominerds adoption of the attached “Resolution Approving the Plat of Stoi.ebay*. subject to any additional conditions Council feels are appropriate. Note that the rezoning will not be acted upon at this time, and staff intends to place the final PUD No. 4 Agreement on your May 12 agenda for final approval of that document. COUNCIL ACTION REQUESTED Adopt tlie Final Plat Approval Resolution. S’ STONEMY draft KNOW ALL PERSONS BY THESE PRESENTS Tb« DAhlitrom Dc%eloptnea! ILC. a Minnciou limited partncnlup. fee 0¥k«er of foltowing dctcnbcd pfopect) tituatcd m the Co«m>' of llemicpin. Suic of Mmncioia. lo wit Outiol B Wll LOW PROPERTIES ADDITION, according to the recorded plat thereof. Hennepin County. Minnetota, except that part of OoUol D. WILLOW PROPERTIES ADDITION, shown as Parcels 201 and 201A on Minnesota Department of Transportation’s Riaht of Way Plat Numbered 27-57 as the same is on file and of record in the office of the County Recorder. Heone^ County. Minnesota, and etcept the South 536.12 fcei of the East 650.00 feet of uid Ouilot B. u measured at right angles 10 said south and east lines of said Outlot B AND The South 536.12 feet of the East 650 00 feet of Outlot B. WILLOW PROPERTIES ADOITION. according to the recorded plat thereof. Hennepin Counts. Minnesota, u measured at right angles to said south and cast lines of said Oulllol B. except that part of Outlot B. WILLOW PROPERTIES ADDITION, as shown as Parcels 201 and 20IA on .MinnesoU Departmeot of Transportation’i Right of Way Plat Numbered 27-57 as the same it on file and of record in the ofEce of tlie County Recorder. Hennepin Couni>‘. Minnesota lias caused the same to be surxe)ed and planed as STONE3AY and does hereby donate and dedicate to the public for public uk forexer the y, uleway. drixe and the drainage and utility easements as shown on the plat. In witness whereof said Dahlstrom Dexclopmeni. LLC, a Muwesou limited liability company, has caused these pcesents lo be signed b> its proper officer this ________day of_^_________________----------------. DAIILSTRO.M DE\ ELOP.MCNT. LLC, • Mlnaftou limited liability company STATE or _ COrNTT'OF, The foregoing intmiment was acknowledged before me this _da> of Dahlstrom Dexclopment. LLC, a Mionesoii limited liability company, on behalf of the company. STATE OF MINNESOTA COUNTY OF HENNEPIN The foevgousg Surxoyor's Certificate was acknowledged before me this^ . by E. Siexen Wright. Land Surxeyor. _day of. Notary Pubiic. Hennepin County, Minnesota My Commissioo Expim January 31,2005 ORONO, MINNESOTA This plat of STONEBAY was approxed and accepted by the City Council of the City of Orono. Minneaoia. at a regular meeting thereof held this _________^day of___________‘ ________ If applicable, the wTitten commems and recommendatioRS of the C ommissioner of Transperutioo and the County Highway Engineer baxe been recetxed by the City or the prescribed 30 day period has elapsed without receipt of such coraments and rccomr cndaiioos. as proxided by Minnesota Statutes. Section 505 03. Subdivision 2. cm* COL'NCIL OF THE CITY OF ORONO. MINNESOTA TAXPAYER SERVICES DEPARTMENT. Hennepin County. Minnesota 1 hereby certify that taxes payable in_______and pnor yean have been paid for land desenbed on this plat Dated this _________day of___________________•_______• Patrick H. QConnor, Hcimepin County Auditor, By___________________________Dqwty SliRVET DIVISION. Hennepin Couiiiy,Minnesota Pursuant to Minnetoca Sututes 3830 565 (1969) this plat has been approxed tbit jday of. Notary Public._______ M) Commitsiou Expires. jCounty.William P. Brown. County Surxeyor. By. I hereby certify that 1 hixc surxeyed and platted the land described on this plat as STONEBAY. that this plat is a correct representation of the lurxc.v. that all di nances arc correctly shown on the plii in feet and hundredths of a foot, that all monuments haxe been cocrectlx placed m the gunind as shown or will be placed as required by the local goxemmental unn and that ihc ouUtde boundary lines are lorrectly designated on the plat, and that there are no net lands as defined in .Minnesota Sututes. Scclion 505 02. Subd 1. oc public highways to be designated other than as shown. COl NT\ RECORDER. Hennepin roumy. Minncsofi I hereby certify that the plat of STONEBAY was filed in this olficc this at o'clock____.M dax of 200 E Slexen Wnght. Land Surxeyor Mmnesou License No 41142 Michad H Cimniff. Couniy Recorder. By ^Deputy LANDFORM NimiiAnotia-WHOfni* iu;r 70 s:a;.£) 1 1 5— 1 1 . t i -i-J'-------- 4I'*S4M ' ^ ft* 0 5. .♦ i4*C . <*'> ..... •CiO ------J# JJ f- 5 1 f e :et r 7.*» . .M ir >3' - %.» • 0 !I’f 1 o 1- * ? r r* *r • ^: Draft 4-25 03 A RESOLUTION APPROVING THE PLAT OF STONEBAY - FILE #02-2840 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono (hereinafter “City Council”) has adopted subdivision and land development regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application by Dahlstrom Development LLC for subdivision and development by the Planned Unit Development process of property located at ‘2550 ’ West Wayzata Boulevard and legally described as follows: Outlot B, Willow Properties Addition, Hennepin County, Minnesota; except Parcel 201 and 201a Minnesota Department of Transportation Right of Way Plat No. 27-57 (hereinafter “the Property”); and WHEREAS, on January 27, 2003 the City Council adopted Resolution No. 4915 granting General Development Plan Approval and Preliminary Plat Approval for the proposed development to be known as Planned Unit Development No. 4 (PUD No. 4), which approval includes the following elements: 1.Subdivision platting of the Property to create public road right-of-way for Kelley Parkway and expansion of Willow Drive, to create Outlets for installation of a regional stomiwatcr management pond, and to create Lots, Blocks, and Outlets for immediate or future phased development for residential and non-residential uses; Rezoning of the portion of property north of Kelley Parkway to RPUD Residential Planned Unit Development District; Establishment of conditions for development within PUD No. 4; and lA Page 1 of 4 VV HERE AS, the Developer has agreed to execute the Planned Unit Development No 4 Agreement which sets forth terms and conditions for the development of PUD No 4 which nthe entirety of the property as legally described herein (also known as PINS 33-118-23 11 0003) providing for the installation of certain public and private improvements, and which agreement documents the general and detailed conditions for use and development of the Property Completion of all platting requirements of Preliminary Plat Resolution No. 4915. Dedicat ion on the plat of perimeter Drainage and Utility Easements as required in Resolution No. 4915 1. 2. 3. Designation and dedication on the plat of wetlands subject to City and other agency jurisdiction, and granting of the standard Flowage and Conservation Easement over said wetlands. 4. 5. 6. 7. 8. 9. 10. Submittal of Minnehaha Creek Watershed District (MCWD) permit approving the grading and stormwater management facilities plan for development of the Property. Completion of the reconveyance by MnDOT of portions of the Highway 12 right-of- way for construction of Kelley Parktvay and the regional stormwater pond. City of Development Fees as enumerated in Exhibit B of ResolutionNo. 4915. Payment to the City for the legal review and filing of the plat documents, agreements casements and covenants in the amount of $200 plus incurred costs. Payment of the Final Plat Review Fee in the amount of $200 plus incurred legal engineering and planning consultant charges. ’ Provision to the City of a title opinion for the Property and certified copies of all recorded easements currently affecting the Property. Provision of final copies of Master Declaration and the individual Community Declaration pertinent to the Phase I development currently being platted. Page 2 of 4 1 1. Execution of the Planned Unit Development No. 4 Agreement which sets forth terms and conditions for the development of PUD No. 4, providing for the installation of certain public and private improvements, and which agreement documents the general and detailed conditions for use and development of the Property. NOW, THEREFORE, BE IT RESOLVED that based on the findings of Resolution No. 4915, the City Council of the City of Orono does hereby approve the plat -f Stonebay, Hennepin County, Minnesota subject to the following conditions: 1. Upon the final approval and e.xecution of this resolution and the Planned Unit Development No. 4 Agreement, the City Council shall formally approve an ordinance amending the official zoning map of the City to rezone the portions of the Property north of Kelley Parkway to PUD/RPUD Residential Planned Unit Development and to rezone the portions of the Property south of Kelley Parkway to PUD/RR-IB, and amending the Orono Zoning Code by adding language establishing Planned Unit Development No. 4 (PUD-4) to include all portions of the property. 2. Upon approval of this Resolution and completion by the Developer of the requirements set forth on pages 2 and 3 of this resolution the City Council shall direct the Mayor and Clerk to execute other documents required by this PUD rezoning, including but not limited to the “Planned Unit Development No. 4 Agicement”, all subject to approval by the City Attorney. 3. The City Clerk shall release the plat documents for filing only upon certification by the City Attorney that: a) all requirements of the platting regulations have been satisfied; and b) the language and provisions of the PUD No. 4 Agreement have been found satisfactory to the City Attorney and has been formally executed by the Developer. 4. The aforesaid plat shall be filed by the City of Orono with the Hennepin County Registrar of Titles Office on or before October 28, 2003 together with a certified original copy of this resolution and executed copies of the agreements, easements, and covenants pertinent thereto. The approval granted by this Resolution shall expire if the conditions of this Resolution have not been met or the plat has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivision review. Page 3 of 4 Adopted by the City Council of Orono this 28th day of April, 2003. ATTEST: Linda S. Vec, City Clerk Barbara A, Petereon, Mayor STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this dav of 2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota'i^iiidcipal corporation and said instrument was executed on behalf of the City. Notaiy Public STATE OF MINNESOTA COUNTY OF HENNEPIN ____The foregoing instrument was acknowledged before me on this ____day of 2003 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 4 1 Oon<MCroo. Roscnr. Andcriik Altoci^tet« Inc. Is an Aflirmaiivt Aciion/Cqual Opportunity employer and employee Owned Principals: Orio G Bon^trioo, PE •Mar^rint Sorvaia. PC • Glenn P Cook. P£ • BoOerc G Scnunicm. PE • ^ Jerry A Bourdon PE • Mark A Slanson PE Senior Consultants Pooert O' Poiene PE • Josepn C AnaerUk. PE • Picna/d E Turner. PE • Susan M EOerlm. c PA Associate Principals *(e«:n A Gordon. PE • PoOerf R Piefferle. PE • Picnard W Foster PE • Oaeid O loskota PE • Michael T Bautmarw PE • Ted it Field. PE • Kenneth P Anderson. PE • Mark R Rods. Pf • Oavid A Oonestroo MBA* S'dr>ey P Williamson PE I S • Agnes M Rmg MB A • Allan Rick Sfhmidt. PE. • Thomas W Peterson. PE • James p Maiand PF • M.ies B Jensen. PE • L Phiilip Gravel ill. PE • Oamel J Edgerton. PE • ismael Martme/ PE • Tr>omai A Sylko P£ • Sheldon j Johnson • Dale A Grove. PE • Thomas A Roushar PE • Rooert i Oevery PE Offices: St Paul. St Cloud Rochester and Wilimar. MN • Miiw.Hikee. Wl • Chicago, a Website: wwwboneitfoocom ^ m Bonestroo Rosene Anderlik & Associates Engineers & Architects April 24, 2003 Mr. Mik: GalTron Planning Director City of Orono Post Office Box 66 Crystal Bay. MN 55323 Re: Stonebay File No. 139-03-000 Plat No. 02-2789 Dear Mike: We have reviewed the final construction plans for the proposed Stonebay development. The site is located in the northwest quadrant of the intersection of Willow Drive and T.H. 12. The proposal provides for a mix of residential housing and future commercial development. We have the following comments in regards to engineering matters. Sanitary Sewer: • All sanitary sewer services should be «-fect deep. Any services less than 8-fect deep shall be adequately insulated. No services shall be less than 5-fcct deep. The plans show sewer service inverts on Cascade Lane and Sandstone Circle with less than 3-fect of cover. These should be revised to prevent fi^eezing and to avoid contlicts with private utilities. • All sanit.iry and water services should be stubbed to the backside of the 1 0-foot drainage and utility casement as shoMu on the plans. Water Main: • The applicant has requested using PVC water main as an alternative to DIP. This is acceptable provided the pipe used meets all specifications that the DIP meets. If PVC water main is used it must be installed uith tracer wire and kll tracer wire shall be tested prior to water main acceptance. • The City wishes to extend the proposed water main on Kelley Parkway southerly within the east 10-foot drainage and utility easement over Outlot D. The applicant should provide a 1 2-inch stub and valve to a point 10-fccl south of the southerly Kelley Parkway right-of-way for the City’s funirc extension. • Water mam high points should be eliminated or hydrants added at the following locations: 1 . On Boulder Drive 40-fcct east of San. MH-25. 2. Near San. MH-9. 3. Near San. MH-6. 4. Between San. MH-14 and San. MH-13. 5. At San. MH-16. 6. Bc^veen San. MH-1 5 and San. MH-2. • Stainless steel bolu shall be used on all fittings, joint restraint, valves and hydrants. • A 1 2-mch w s :cr main should be stubbed easterly across Willow Drive to the easterly right-of-way at the Kelley Parkway intersection for future extension to the well house. • 1 he proposed water main between Kelley Parkway and T.H. 1 2 should be 1 2-inch. Storm Server: A drainage area map, storm sewer and ponding calculations should be submitted for our review. The plans should identify the overland emergency overflow (EOF) routes for all wetlands and ponding areas. Spot elevations should be shown along all overland EOF routes including any routes north of the site (Willow View). All storm sewers within the street sections shall have a minimum of 3-feet of cover between the finished street 2335 West Highway 36 • St. Paul. MN 55113 • 651-636-4600 • Fax: 651-636-1311 r grade and ihc top of the pipe. ^ E should be lowered I-foot to 1006.0 ..id the downstream ditch graded to drain accomplished by addtng a manhole and a pipe section. Strcets^rails: * bu!miJor$ lJail!“'^ constnjctcd as an 8-foot widebituminous trail. A geotechnical report. R-value recommendation and pavement design should be provided for review ?Tn u** type 41A bituminous wear course rather'than 2- Most proposed vertical and horizontal alignments shown on the private streets do not meet a 25 mph desien thJ besf JZbTnar ‘’7“^ Jong with a curvilinear horizontal alignment and narrow streets may not L li^ed il for ho ? M *"• determine what the minimum acceptable designSf«ed IS for horizontal and vertical street alignments. The City requires that newly co: -.i: ;• J public streets incct a minimum 30 mph design for both horizontal and vertical alignments. At a minimum suggest softening the vertical grade breaks to meet a 25 mph design. sortening on Bridgewater Drive between the north end of the bridge and the ro-indabout needs to be revised to eliminate the substandard curve shown south of the bridge A non-woven geotextile fabric should be added to the typical street secUons 21's fZT 0" Willow Drive should be removed leaving a solid 5-foot by 215-foot co.icretc median. The northerly 20-feet of the median should be striped so that southbound traffic on Wi ow cannot enter the left turn lane until they are south of the Otten driveway intersection completely reconstructed (full width) from the south right-of-way of Dickey Lane to the northerly linruls of the proposed southbound right turn lane construction (370-feet +/-) The t^ical street section for Willow Drive should be revised to match the existing section- fabric n- granular. 6" class 5 (1005b crushed lime rock). 3" bituminous base. 2" bituminous binder, and Ibituminous Traffic: “ *“ "■»“ “ “» Plans should include a signing and striping plan. The pedesuian crossings at the roundabout accesses should be located one vehicle length before the yield sign. Site Grading and Erosion Control: !i v” ^ ^ "on-disturbance before temporary stockpiles willneed to be seeded or mulched. We recommend this time limit be 14 days ^ ’ ^,I7he ba.r-.nI ‘yp« I. Certification tags should be left presence of *e pror.'l'IX'"' ““ and respo.isibIc for erosion and sediment control onsite, and for any related . Z SE^rTeTtio "*‘8ht arise during the construction of the project p,o.r,rs'trsrrpor“ combination of inlet protection devices and silt fence structures is the recommended practice. ^ An additional construction entrance should be installed at the proposed temporary access offor Willow Drive to the sales trailer. All slopes three to one (3:1) slopes or sleeper should be blanketed, not mulched, for temporary protection during seed establishment. Blankcu should be a minimum of MnDOT Category 3. The required staple pattern shall be a minimum of 1.S per square yard. There should be some identified channelized (low between housing units. These areas should be protected by blankets or sod. Curb line protection during home construction and after the streets have been paved will be required and should be outlined in the temporary erosion control plan. Limited protection Is shown for the pond/wetland just to the north of the construction entrance off Willow Drive. Silt fence should be added to the NWL of that pond to prevent sedimentation. Heavy-duty silt fence should be installed north of the two proposed units between Bridgewater Drive and Boulder Drive. The first paragraph in Spec section 2370, part 1.05 should be revised to read; "If any portion of the project is expected to be exposed longer than two (2) weeks one (I) week, the exposed soil shall be covered with straw mulch at the rate of 2000 pounds per acre and punched into the soil by rolling a straight set disc over the area. If the soil will be exposed longer than eight-(g) weeks three (3) weeks, the disturbed soil area shall be seeded with perennial rye seed mix at a rate of 75 pounds per acre and mulched. Any pipes or conveyances connecting to flowing water should be stabilized within 200 feet prior to their connection. This is to prevent any conveyance of sediment to the defined wetland areas. Stabilization means blanketed or sodded. The individual(s) responsible for erosion control plan design, and implementation should be outlined and provided to the city engineer prior to construction. Streets shall be swept daily unless otherwise approved by the City. Retaining walls that exceed 4-feet in height require an engineered design and City review and approval. Financial Guarantees: • We have estimated the cost of site improvements (utilities, streets, grading and landscaping) to be $2,696,000, the itemized estimate is attached. The applicant should provide a financial guarantee of 1505b of this amount or $4,044,000 prior to any work on the site. The financial guarantee can be reviewed and reduced periodically as work is completed and accepted. The financial guarantee should never be less than $75,000 until the job is completed and the City has accepted all work. • The developer should provide an additional and separate financial guarantee in the amount of $30,000 to ensure that all monumentation is set or will be set within one year after plat recording in accordance with new Hennepin County policy. The financial guarantee should be held until all required monumentition is in place. • The developer should provide an additional and separate financial guarantee in the amount of $50,000 to insure compliance with erosion conuol measures. The erosion control guarantee should be held until the project is completed and vegetation is established throughout the site. • All financial guarantees should be in the form of an irrevocable letter of credit or cash. Please contact me at (651) 604-4863 if you have any'questions regarding this matter. Yours very truly, BONESTROO, ROSENE. ANDERLIK & ASSOCIATES. INC. Tom Kell.»^g Cc. Greg Gappa, City of Orono Jik.juau. \ CITY OF ORONO STONE BAY RESIDENTIAL SITE DEVELOPMENT PLAT FILE NO. 2789 SITE IMPROVEMENT COST ESTIMATE: ITEM EST. UNIT QUANTITY UNIT PRICE EST. COST Clear and grub LS 1 $34,000.00 $34,000 Site grading LS 1 900,000.00 900,000 Sanitary sewer LS 1 140,000.00 140,000 Water main LS 1 239,000.00 239,000 Storm sewer LS 1 238.000.00 238,000 Streets LS 1 647.000.00 647,000 Seeding, wetland restoration LS 1 58,000.00 58,000 Retaining walls LS 1 340,000.00 340,000 Landscaping LS 1 100,000.00 100,000 Estimated Construction Cost $2,696,000 +50% Security Deposit 1.348,000 Total Security Deposit Required $4,044,000 Initial Draft 12>9*02 Revised Draft I-23-03 Revised Draft 4-l6^)3 Revised Draft 4>21/2543 (Revisions since I >23-03 In Italics^ NOT FINAL - SUBJECT TO COMPLETION AND REVISION b CITY OF ORONO HENNEPIN COUNTY, MINESOTA PLANNED UNIT DEVELOPMENT NO. 4 AGREEMENT “2550" WAYZATA BOULEVARD DEVELOPER: DAHLSTROM DEVELOPMENT CORPORATION LLC NAME OF DEVELOPMENT: STONER A Y THIS AGREEMENT, made and entered into this___day of 200_, by and between the City of Orono, a municipal corporation organized and existing under the laws of the State of Minnesota (hereinafter called “City”), and Dahlstrom Development Corporation LLC, a Minnesota Corporation, its heirs, successors and assigns (hereinafter called “Developer ”). WITNESSETH: WHEREAS, the Developer has made application to the City Council for approval of a Planned Unit Development (PUD) rezoning and formal plot application for property located at “2550" Wayzata Boulevard, such development to include the following elements: 1.Rezoning of the portion of the Property north of Kelley Parkway from RR-1 B Single Family Rural Residential District to RPUD Residential Planned Unit Development District for construction of 162 residential multi-family dwelling units on a portion of the site comprising approximately 41 acres, such development to be known as “STONEBAY”. 2.Creation of two commercial outlets on -the remaining 10 actes south of Kellev Parkway to be rezoned and developed at a later date. 3.As part of the residential development, construction of Kelley Parkway as a public street, as well as construction of municipal sewer, water, and storm sewer systems to serve the proposed development; and WHEREAS, on January 27. 2003 the City Council granted General Development Plan Approval for the proposed development subject to conditions per Resolution No. 4915. on the condition that the Developer enter into this agreement to pro\ ide for conformance with the City’s Planned Unit Development (PUD) ordinances, and to provide for the installation g/'and establish responsibilities for maintenance of improvements associated with the development. Page 1 of 18 Developer Initial, City Clerk Initial T NOW, THEREFORE, in consideration of the premises, and of the actual promises and conditions hereinafter contained, it is hereby agreed as follows: A. General Terms and Conditions i- £lPP?rtY Pescription. This Planned Unit Development No. 4 Agreement for Dahlstrom Development Corporation LLC applies to the following described property located i'l 2. 3. Hennepin County, Miimesota: Outlot B, Willow Properties Addition, Hennepin County, Minnesota, except Parcel 201 and 201a Minnesota Department of Transportation Right ofWayPlatNo. 27-57 (hereinafter the "Property"). Erpperly P^priptipp? tifter Platting. The property descriptions afterplatting and dedication of right-of-ways for Kelley Parkway, Willow Drive and Highway 12 shall be as follows: Lots 1 through Block 1; Lots I through 10. RInrk 7- and Outlots A, B, C, D, E, F, <J, H, /, Jondf^, STONEBAY, Heimepin County, Minnesota. Zaning. The portion of the Property located north of Kelley Parkway, comprising Lots 1 through 4F 46, Block 1, jots I through 10. Block 2, and Outlots E, F, G, H. I. J and K is zoned Residential Planned Unit Development (RPUD) District. The portion of the Property located south of Kelley Parkway, including Kelley Parkway and Outlots A, B, C and D is zoned RR-IB (PUDl Single Family Rural Residential District, and shall remain zoned RR- IB (PIJD) until such time that the City approves a rezoning. 4. permitted Uses. Within the Property the permitted uses are as follows: a)Within Lot T 4^, Block 1 and Lg/10, Block 2 the permitted uses shall be common open spaces, private streets and driveways, utility systems, sidewalks, retaining walls and other landscaping features ancillary to the residential development, including approved signage and lighting. No accessory buildings except as indicated nn thp Omro^edpl(uii shall be allowed within Lot + 46, Block 1 or Lot 10 RInrk 7 Within Lots 2 through 41 Jj/irpu^h 45, Block 1, ondLots / through 9 RInrk 7 the permitted uses shall be attached residential dwelling units. Page 2 of 18 Developer Initial City Clerk Initial 5. 6. c) Outlets E, F, G and H shall not be used until they arc platted into Lots and Blocks. After such platting has been completed, within the designated commons Lots permitted uses shall include common open spaces, private streets and driveways, utility systems, sidewalks, retaining walls and other landscaping features ancillary to the residential development including approved signage and lighting. No accessory buildings except as indicated on the approved plans shall be allowed within the commons Lots. Within the areas to be platted for individual ownership, the permitted uses shall be attached residential dwelling units. d) The maximum numbers of residential dwelling units within the residentially zoned portions of the property north of Kelley Parkway are 62 Lofts units, 4? two-stoiy towTihomes, and 53 iZ rambler townhomes. e) Outlets A and D shall not be used except for public recreational trail use until such time that they are platted into Lots, at which time their permitted uses will be further designated; except that Oiitlot A may he used fora temporary sales trailer and parking area for the residential portion ofdevelopment until such time that the trailer can be moved onto the residential portion of the property. f) Outlets B and C shall be used for regional stormwater ponding purposes and public recreational trail purposes. No other uses will be permitted for Outlets B and C. Other uses shall not be allowed except by amendment of this PUD agreement. Site Access. The only access to adjoining public streets shall be onto Kelley Parkway, except that future development within Outlet G H shall be allowed one shared driveway access onto Willow Drive. Access driveway locations shall be as showm on the approved site plan. Exhibit__. Future access to Outlots A and D shall be solely from Kelley Parkway, and no direct access to Highway 12 or Willow Drive shall be allowed; except that a ri^ht-in/risht- out access from Willow Drive to Outlot A may be used to access the oarkine area Tor the tenworaty sales trailer un*il such time that the trailer is moved onto the residential portion of the properly. Internal circulation for the Property shall be via private driveways, sidewalks and parking areas within the defined common areas. Building Design and Construction. All residential buildings on the Property shall be constructed according to final plans which shall first be certified by the Planning Director as being in conformity with the approved plans attached as Exhibit __to ensure compliance with the architectural standards of the RPUD District. Final decisions by the Developer regarding colors, types and qualities of building materials shall be subject to City staff Page 3 of 18 Developer Imtial City Clerk Initial' L r 7. approval to confirm their conformity with the approved sample colors, types and qualities documented by reference in Exhibit __. Construction of all buildings shall be in conformance with the building codes and regulations adopted by the City of Orono. Any substantial changes to the gross square footage, footprint/wall/roof dimensions or defined building heights shall require a prior amendment to this Agreement. ‘.ISiibsiantial chanees" shall include m an inerpneo hi gmyy squnrf> footage or footprint/wall/roof dimensions ofaimy unit so as to require a replatiine to keep thp unit within its ownership Lot: (2) any increase in buildine height for rnmhler townhnmP unit, QrnvQ-stQry (Qwnhome units that would result in the need for a variance to the xtnnHnrH m b sight limit; pr (3) g gne fQQt or £reate r increase in height of the loft huildhw nhnvp thr defined heieht approved per Resolution No. 4915. The separation distances between townhome buildings shall be a minimum of 15* except where specifically shown as less than 15' on the approved General Development Plan. Within each Phase of development, if any changes to plans result in building separations less than 15, such plans shall be subject to prior review and approval by the City Council. landscaping, The approved landscaping plan attached to this Agreement as Exhibit shall be strictly adhered to, with the following conditions: The berm along the Public Works site east boundar>- may be extended rtrmronf as shown on Sheet to assist in establishing a buffer to the Lofis; however, any^ _ ----------------* w ^ W* I buffer walls, plantings or other improvements shall be located on the Lofts site as shown in the approved General Development Plan. The Developer shall take extraordinary efforts to minimize impacts on existing vegetation and enhance screening and buffering in the area northwest of the Lofts west building. Final landscaping plans shall be subject to the recommendations of Wallace Case as enumerated in his letter dated 11/6/02 as revised or amended per the Memorandum by Tom Kirby dated January 17,2003. The pertinent Homeowners Association(s) shall be responsible for permanent maintenance of landscaping per the Landscaping provisions of the RPUD District. Prior to commencement of each Phase of development. Developer shall provide Landscaping Performance Security for the landscaping associated with that Phase in the form of a Letter of Credit in an amount equal to one and one-half times the value of such landscaping improvements as determined by the City. The letter of credit shall provide for reimbursement to the City of all expenses incurred by the City Page 4 of 18 Developer Initial City Clerk Initial I THinlTiUmifi 8. 9. for engineering, legal, contracting or other fees in connection with making or completing such improvements should the Developer fail to complete them. In the event that construction of the project is not completed within the time prescribed by building permits and other approvals, the city may, at its option, complete the work required at the expense of the Developer and the surety. The Letter of Credit shall be provided prior to the issuance of any residential building permits and shall be valid for a period of time equal to two (2) full growing seasons after the date of installation of the landscaping. The City may allow an extended period of time for completion of all landscaping if the delay is due to conditions which are reasonably beyond the control of the developer. Extensions which may not exceed nine months, may be granted due to seasonal or weather conditions. When an extension is granted, the city shall require such additional security as it deems appropriate. Lighting. Site lighting shall adhere to the approved lighting plan attached to this agreement as Exhibit__. Street lighting along Kelley Parkway adjacent to the property shall be provided by the Developer and shall be of a style, number, height and location approved by the City Council. Public street lighting along Kelley Parkway shall be installed and maintained by the utility company through a standard agreement between the City and the appropriate public utility company. Interior private street lighting shall be at a low level consistent with the surrounding rural residential character while providing the necessary level of security. Such lighting shall be of a style, number, height and location approved by the City Council. Interior street lighting shall be maintained by the homeowners association. Signage. Signage on the site shall be limited to the required traffic control signage, building designation signs, and the approved monument signs as shown on the approved Signage Plan attached hereto as Exhibit__. Parking and traffic control signage shall be installed subject to City staff and City Engineer approval. Additional Conditions of Approval are documented in the Special Conditions Memo attached to this Agreement as Exhibit___. (Special Conditions Memo to be drafted; svill include most/all items in GDP approval resolution pages 7-12) Page 5 of 18 Developer Initial, City Clerk Initial B. Development Phasing 1. 2. 3. 4. STONEB AY is intended to be developed in a number of sequential Phases over a period of 3-4 years. The various Phases have been designated as Phase One and Future Phases A through D, per the Phasing Plan attached hereto as Exhibit J. The sequential order of development of the various Future Phases has not been absolutely established, but relies to some extent on market conditions and demand. Therefore, this Agreement will pertain primarily to the Phase One improvements, and shall be amended as necessary prior to commencement of improvements for each Future Phase. The Phase One improvements include the construction of Kelley Parkway and associated curb and gutter, sidewalks, lighting, signage and landscaping; construction of municipal sewer and water mains and facilities within the right-of-way of Kelley Parkway; construction of stormwater piping and facilities including the regional pond south of Kelley Parkway; and construction of private roads and driveways as well as private and public sewer and water lines and facilities within the area designated as Phase One as shown on Exhibit J; and gfn^ral sitf gradinz far Phase 1 and future Phases . Phase One of the development includes the construction of+9 25 two-stoiy townhome units and 22 2d rambler townhome units. Commencement of Phase One improvements shall not occur until Developer has made payment to the City of the prorated portion of the Development Fees (Park Dedication Fee, Storm Water and Drainage Trunk Fee, and Sewer and Water Connection Charges) for Phase One. Commencement of Future Phase improvements shall not occur until Developer has made payment to the City of the prorated portion of the Development Fees associated with said Future Phase. The Development Fees for each Phase shall be based on the proportional acreage or number of units within each Phase depending on the method of calculation of each fee, relative to the total project. The schedule of Development Fees is attached hereto as Exhibit K. Nothing in this Agreement is intended to prohibit the commencement of Future Phases prior to completion of earlier Phases, nor to establish a specific sequence for the various Phases; except that. c^ompletion of Phase 1 improvements shall be required before commencement of any Future Phase.._c.vcgpr that Phase 2 grading a nd utilities may he commenced prior to completion of Phase 1 improvements. Page 6 of 18 Developer Initial, City Clerk Initial i i IJ------- C. Covenants The Developer shall establish covenants fOV^ntine the development ond containine as a minimum the following elements: Jj, Creation of Homeowners Association's). 2s. Establishing rights & responsibilities ofHA(s) and/or others. A Granting of the various required easements as noted within this and other approval documents. Addressing property maintenance responsibilities, including maintenance of the common areas, private roads and other facilities, and the stormwater pond. £ £ 7. Establishing use restrictions. Establishing architectural and landscaping standards, including maintenance thereof Establishing speciCic covenants additionally address the following: <L The City's Public Works operation may be a 24-hour operation dependent on weather and other emergency situations. Covenants shall include a provision requiring disclosure to Lofts unit buyers regarding the Lofts buildings proximity to Public Works to help limit the e? ^ctcd complaints about City activity and noise from the Public Works site. Funner, a disclosure regarding the proximity to potential Public Works operations ofthe most northwesterly units of the rambler townhomes shall be required of the buyers ofsaid units to help limit the expected complaints about City activity and noise from such operations. £ Language should be incorporated that documents police department accessibility (right-of-entry) and rights to enforce parking or other laws or ordinances on private roads or common areas. SL. Incorporate into the language an acceptable definition of “Drainage and Utilities Easement ’* as used on the plat drawings. D. Installation and Maintenance of Improvements (Need to re-draft this section to make a distinction between pubiic and private improvements, and to specifically define Phase I improvements) 1. Improvements: In accordance with the policies and ordinances of the City of Orono, the following described public or private improvements (hereinafter collectively called the “Improvements") shall be constructed, installed and maintained by the Developer according to the terms and conditions contained in this PUD Agreement: Page 7 of 18 Developer Initial City Clerk Initial. Site grading, streets, driveways, concrete curb and gutter, parking lots, sidewalks, retaining walls if required and all necessary erosion control measures per the Grading, Drainage & Erosion Control Plan attached hereto as Exhibit ___ (hereinafter called "site grading improvements"); 2. 3. 4. (b) Construction of sanitary sewer and water systems (hereinafter called “sewer and water improvements”) and construction of storm sewer lines and facilities (hereinafter called “stormwater improvements”) per the approved plans attached hereto as Exhibits _______ (c) Underground natural gas, electric, cable and telephone service to be arranged by the Developer with the utility companies involved (hereinafter called the "other utility improvements"); (d) Landscaping and site revegetation improvements per the approved Landscaping Plan attached hereto as Exhibit __(hereinafter called “landscaping improvements”). (e) Traffic control signage subject to approval by the City Engineer and Public Services Director. (0 Any additional improvements listed within the Site Improvements Cost Estimate attached hereto as Exhibit __. Construction Plans : Detailed plans and specifications prepared by a Registered Professional Engineer for the complete installation of the Improvements shall be submitted by the Developer and are subject to the written approval of the City Engineer and Public Services Director prior to issuance of applicable City permits. Said plans and specifications are hereby made a part of this contract shallbe prepared in conformance with all current City standards for such work and in conformance with the terms of this PUD Agreement. It is agreed that all labor and work shall be done and performed in the best and most workmanlike manner and in strict conformance with the approved plans and specifications prepared by Landform dated and revisions as approved by the City Engineer and on file with the City. No deviations from the approved plans and specifications will be permitted unless approved in writing by the City Engineer. The Developer agrees to furnish to the City a list of contractors being considered for retention by the Developer for the performance of the work required by this contract. The Developer shall select, retain and supervise the contractor(s) responsible for Improvement construction. Page 8 of 18 Developer Initial City Clerk Initial ■•I r'- 5. 6. 7. The City reserves the right to require satisfactory nroof of successful experience and adequate financial status of any such contractor. All contractors shall be fully licensed when required by law. It is further agreed that the Developer, through his Engineer, shall provide all staking, surveying, testing and resident inspection for the above described improvements in order to insure that the completed improvements conform to the approved plans and specifications. The City will provide for general inspection and shall be notified in advance of all tests to be performed. It is agreed that the estimated cost of such improvements, as determined bv the City, including charges of the City for legal, planning, engineering services, including inspections, supervision and administration costs, shall be included in the total costs of all improvements for purposes of computing the amount of the letter of credit to be furnished to the City by the Developer pursuant to the terms of this Agreement. Escrow. Developer shall establish and maintain an escrow account with the City of no less than $20,000 minimum balance to cover the ongoing incurred expenses of the City. The escrow account can be used bv the City to correct erosion problems or inadequate erosion control measures if these measures are not corrected in a timely manner bv the Developer upon notice to correct. In case any material or labor supplied by the Developer shall be rej ected by the City Engineer or his designated representative as defective or unsuitable, then such rejected material shall be removed and replaced with approved material and the rejected labor shall be done anew to the specifications and approval of the City Engineer and at the sole cost and expense of the Developer. 8. Construction of Improvements: a) Construction - The construction, installation and materials shall be in accordance with the plans and specifications approved by the City. The Developer agrees that he will begin construction of Phase I Improvements no later than and will have all Phase I Improvements fully completed to the satisfaction and approval of the City of Orono on or before Pre-Construction Conference - Prior to the start of any construction, the Developer and the Developer's Contractor shall meet with the responsible City officials to review construction plans and schedules. Page 9 of 18 Developer Initial, City Clerk Initial g) i) j) Permits - Prior to the start of any construction, the Developer’s Contractor shall apply for and receive all necessary permits from the City and/or government agencies having jurisdiction. Required City permits relative to the Improvements include the following; Site Grading Permit; Utility Construction Permit; Sewer and Water Connection Permits. Insurance - The Developer will cause each person who constructs and installs any Improvement to maintain complete insurance coverage including Workmen's Compensation, Liability and Property Damage. Developer shall furnish proof of insurance covering any public Contractor’s equipment, laborers and hazard caused by the Improvements. It is additionally agreed that the developer shall submit a written schedule indicating the progress schedule and order of completion of the work covered by this contract. It is further agreed that upon receipt of written notice from the Developer of the existence of causes over which the Developer has no control which will delay the completion of the work, the City Council at its discretion may extend the date hereinbefore specified for completion and that the Letter of Credit shall be extended by the Developer to cover the work during this extension of time. It is specifically understood and agreed that all work covered by contract shall be done at no expense to the City of Orono except as may be provided in the Special Conditions attached hereto and made apart hereof. Copies of all bids, change orders, suppliers, subcontractors, etc. shall be forwarded to the City Engineer for his files. The Developer shall not do any work or furnish any materials not covered by the plans and specifications and Special Conditions of this contract, for which reimbursement is expected from the City, unless such work is first ordered in writing by the City Engineer as provided in the specifications. Any such work or materials which may be done or furnished by the contractor without such written order first being given shall be at his own risk, cost and expense, and he hereby agrees that without such written order he will make no claim for compensation for work or materials so done or furnished. Upon completion of all work required by the City Engineer or his designated representative, a representative of the contractor, and a representative of the Developer’s Engineer will make a final inspection of the work. Before final payment Developer Initial_____ « _ . City Clerk InitialPage 10 of 18 -------- JL is made to the contractor by the Developer, the City Engineer shall be satisfied that all work is satisfactorily completed in accordance with the approved plans and specifications and the Developer’s Engineer shall submit a written statement attesting to same. k) Upon completion of the work, the developer shall have his Engineer provide the City with a full set of as-built mylar reproducible plans for City records , as wel/ as an electronic copy of said plans . These plans shall include the locations and ties to all sanitary sewer and watermain services as well as gate valve boxes and manholes. “As-Builts” shall be provided for for each ponding area and shall include two (2) foot contours mapping of the ponding area to a minimum of four (4) feet above the designated high water level. “As-Builts” shall include inlet and outlet invert elevations of all immediately downstream existing off-site stormwater facilities which could affect stormwater levels on the Property. l) It is specifically understood that final acceptance of the Improvements to be publicly owned, including Kelley Parkway and its associated appurtenances, sanitary sewer and water systems and stormwater systems, and other off-site road improvements, shall take the form of a Resolution duly passed by the Orono City Council, on the advice of the City Engineer. 9. Performance Deposit: For the purposes of assuring to the City that the Improvements will be completed according to the terms of this agreement, and that the Developer will pay or will cause to have paid all claims for work done and materials and supplies furnished, the Developer or his General Contractor will deposit with the City prior to issuance of site grading and building permits an irrevocable letter of credit in a form satisfactory to the City providing that the City is able to draw upon such letter of credit in its sole discretion to complete the Improvements if the Developer fails to satisfactorily complete the work prior to the completion date specified in Section 8 above. The amount of such deposit shall be 150% of the estimated improvement costs, as determined hv the Ciiv. per the schedule to be attached to this document as Exhibit__. The amount of such deposit shall not be reduced before substantial completion of the Improvements. The letter of credit shall expire no sooner than six months afier the completion date specified in Section 8 above. At no time during any Phase will the financial guarantee be reduced to less than S 100,000. This amount shall not be released until all improvements and obligation covered by the financial guarantee have been completed, including delivery of record plan sets to the City. 11. The Developer shall be required to furnish the City a maintenance surety in a form acceptable to the City, guaranteeing the Improvements to the City as follows: Page 11 of 18 Developer Initial City Clerk Initial 12. 13. a)The Developer shall guarantee all work relating to utilities, appurtenances, material and equipment furnished by him for a period of two (2) years from the date of written acceptance of the work or project. The Developer shall nrnvide to the City n Warranty,Bond for the value of the conwleled improvements, as determined hv the City, for the guarantee time period. The Developer shall guarantee all work relating to street construction including concrete curb and gutter, materials and equipment furnished by him for a period of one (1) year m>.(2) years from the date of written acceptance of the work or project unless the wearing course is placed during the same coiistiuctien season as the base comsc. fa those instances the contractoi shall guarantee all work iiicluJing sUcet construction, ecmetete curb and gutter, material and equipment fumished by him for aperiod of two (2) y ears from the date of wiiiteii •acceptance of the work or project. The Peveloper_shall provide to the City a Warranty Bond for the value n, di’tcrmined bvjhe (^it)\ of the completed improv ements for the guarantee time period. To ensure the integrity of the wear course, the wear course on all roadways within the various Phases shall not be constructed until development within each associated Phase is 80% complete. Fees and Expenses: The Developer agrees to pay all City fees required per the current City Fee Schedule and further agrees to completely reimburse the City for all the variable additional expenses it incurs in regard to the review and approval of the Improvements including, but not limited to, direct City payroll and overhead, costs, and fees paid to consultants and other professionals, which are not covered by City application fees. Maintenance. The Developer shall be responsible for maintenance of all privately owned Improvements including roads, sidewalks, and storm sewers, regardless whether easements for such improvements have been granted to the City. Developer shall permanently maintain site lighting, signage and landscaping consistent with the approved Plans for those Improvements. Developer shall be responsible for maintenance of all sewer and water lines that are defined as “connections” as indicated on the approved Utility Plan. Sanitan- sewer co ttnections are deptned to e.xtend from the huildine to the Cin -owned xex^er line Wntor connections are defined to extend from from t!w huildhw> tn tUt> u.------ ■ * - » -......—water service curb stop Developer shall be responsible for ensuring that the appearance '.nd design of the building are maintained per the approved building and construction plan, and shall be responsible for ensunng that the site amenities and features as shown on the approved site plan are maintained per said plan. Page 12 of 18 Developer Initial City Clerk Initial E. Developer Reprcseptatlona and Covenants . The Developer hereby makes the following representations and covenants: (a) The Developer has the legal authority and power to enter into this Agreement. (b) The Developer reasonably expects to obtain financial resources sufficient to enable the completion of the Improvements. The Developer will, subject to the requirements of Section D - Installation and Maintenance of Improvements hereof, construct, operate and maintain the Improvements in accordance with the terms of this Agreement and all local, state and federal laws and regulations, and will construct or pay the costs of construction of any site improvements, utilities, landscaping, stormwater management facilities, roads, parking facilities which are necessary in connection with the construction and such improvements. At such time or times as may be required by law, the Developer will have complied with all local, state and federal environmental reviews, licenses, and will be in compliance with the requirements of federal, state, and local authority. The Developer will obtain, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all local, state, and federal laws and regulations which must be obtained or met before the Improvements may be constructed. (0 It is intended and agreed that the covenants provided in this Section shall be covenants running with the land not the owner or developer. F. City Representations and Covenants. The City makes the following representations as the basis for the undertaking on its part here in contained: (a) The City is authorized by law to enter into this Agreement and to carry out its obligations hereunder. The City will, in a timely manner, subject to all notification requirements, review and act upon all submittals and application of the Developer and will cooperate with the effort of the Developer to secure the granting of any permit, license, or other approval Developer Initial _____ City Clerk Initial _____ Page 13 of 18 required to construct and operate the Improvements; provided, however, that nothing contained in this subparagraph shall be construed to limit in any way the reasonable and legitimate exercise of the City’s discretion in considering any submittal or application. (c) The Property is zoned for purposes which include the Development as proposed. The City has issued all necessary commercial site plan review approvals for the proposed development on the property. G. Administration. 2. .C.9mpii?nge . At any time and from time to time the Developer may request that the City provide the Developer a certificate certifying that that the terms and provisions of this Agreement have been complied with and that this PUD Agreement is in full force and effect with respect to the development for the purpose of facilitating sale, mortgage, insurance or other matters. To the extent that there be any bona fide defaults in such compliance, the Developer shall be afforded a reasonable time to bring the development into conformance, and thereafter the City shall be obligated to provide such certificate. E<ri4in« Efftct: The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding deemed covenants running with the land. References herein to Developer, if there be more than one, shall mean each and all of them. This agreement at the option of the City shall be placed of record so as to give notice hereof to any subsequent purchasers and encumbrancers of all or any part of the property. puces: Whenever in this agreement it shall be required or permitted that notice or demand be given or served by either party to this agreement to or on the other parly, such notice or demand shall be delivered personally or mailed by United States certified mail (return receipt requested) to the addresses set forth below. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mai I in accordance with the above Notice to City Notice to Devcloppr City of Orono Clerk/Administrator P.O. Box 66 Crystal Bay, MN 55323 Parties may substitute notice provisions upon notice to other parties. Developer Initial City Cleric Initial Page 14 of 18 1 4.Incorporation bv Reference: All plans, special provisions, proposals, specifications and contracts for the Improvements furnished and let pursuant to this agreement shall be and hereby are made a part of this agreement by reference as fully as if set out herein in full. 5. Disclaimer bv Citv: It is understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the Developer or Developer's contractors, subcontractors, material men, laborers, or any other person, firm or corporation, for any debt, claim, demand, damages, actions, or causes of action of any kind or character, arising out of or by reason of the execution of this agreement or the performance and completion of the Improvements. 6. Hold Harmless and Indemnification: The Developer shall indemnify and hold harmless the City, the City Council, and the agents and employees of the City from and against all claims, demands, damages, losses, actions or causes of actions or the costs, disbursement and expenses of defending same, specifically including, without intending to limit the categories of said costs, cost and expenses for City administrative time and labor, costs of consulting engineering services, consulting landscape planner srryjres and costs of legal services rendered in coimection with defending such claims as m.«v be brought against the City. It is further agreed that the Developer shall hold the City and its officers, employees and agents harmless from claims made by the Developer and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers, employees and agents for all costs, damages, or expenses u hich the City may pay or incur, including attorneys ’ fees, in consequence of the performance of this agreement by the Developer, its employees, agents or subcontractors, whether or not caused in part by a party indemnified hereunder. 7. Remedy for Default: Default by the Developer of any of the terms of this agreement shall automatically result in the suspension or withholding of all permits, licenses, occupancy certificates or other authorizations issued by the City in connection with the property included in this development. The remedies afforded to the City under this Section shall be in addition to any other remedies to which the City may be entitled by law or other agreement. Default by the City shall entitle the Developer to seek injunctive/mandatory relief through the courts, together with other relief as the law may provide. 8. Right of Entry. The Developer hereby grants to the City, its agents and its employees, the right to enter on the property for the specific purpose of constructing or completing any and all of the agreed upon Improvements should the Developer not complete those Improvements by the date specified in Section 1 1. Developer Initial City Clerk Initial Page 15 of 18 CftntroHint ApwIBCnt* To the extent that there is any dificrence or ambiguity between this Planned Unit Development Agreement and other agreements between the City and the Developer, this Planned Unit Development Agreement shall control. Ml!1 ?.{n^ Page 16 of 18 Developer Initial, City Cleric Initial -irfc- r IN WITNESS WHEREOF, the City and the Developer have caused this agreement to be duly executed on the day and year first above written. CITY OF ORONO By:. (Mayor) By:. (City Clerk) DEVELOPER - Dahlstrom Development, LLC By:. Its: Reviewed for Administration: Date:By:. (Pl'jming Director) This instrument was drafted by: City of Orono 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55356 By: (City Administrator) Page 17 of 18 Developer Initial. City Cleric Initial. STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this__day of 200_ by Barbara A. Peterson. Mayor of the City of Orono. a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this__dayof 200 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of ..20 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/afTirmation of. a credible witness and who oMCUlcd the foregoing instroment, and acknowledged that he/shc/they executed the same as his/her/their free act and deed. Notary Public Page 18 of 18 Developer Initial, City Clerk Initial I I f M LIST OF EXHIBITS Exhibit A......Title and Site Plans (All sheets dated 3-31-03) Sheet CO.l - Title Sheet Sheet Cl.I - Existing Conditions Plan Sheet C2.I - Site Plan Sheet C2.2 - Design Guideline Plan Sheet C2.3 - Design Guideline Plan Exhibit B......Grading and Erosion Control Plans (All sheets dated 3-31-03) Sheet C3.1 - Master Mass Grading Plan Sheet C3.2 - Enlarged Pond Grading Plan / Grading Details Sheet C3.3 - Enlarged Stonebay Drive / Cascade Lane Grading Plan Sheet C3.4 - Enlarged Bridgewater Drive / Boulder Drive Grading Plan Sheet C3.5 - Enlarged Sandstone Lane / Sandstone Circle Grading Plan Sheet C3.6 - Enlarged Cascade Circle Grading Plan Sheet C3.7 - Enlarged Cobblestone Court / Commercial Outlet Grading Plan Sheet C3.8 - Grading Details Exhibit C......Sanitary Sewer / Water Plans & Profiles (All sheets dated 3-31-03) Sheet C4.1 - Master Utility Plan Sheet C4.2 - Kelley Parkway Sheet C4.3 - Kelley Parkway Sheet C4.4 - Stonebay Drive / Boulder Drive Sheet C4.5 - Bridgewater Drive Sheet C4.6 - Cascade Lane Sheet C4.7 - Sandstone Lane Sheet C4.8 - Sandstone Circle Sheet C4.9 - Cobblestone Court Sheet C4.10 - Utility Ser\ ice Plan Exhibit D.... Streets and Storm Sewer Plans & Profiles (All sheets dated 3-31 -03) Sheet C4.11 - Kelley Parkway 0+00 -13+00 Sheet C4.12 - Kelley Parkway 12+00 - 20+05 Sheet C4.13 - Stonebay Drive / Boulder Drive Sheet C4.14 - Stonebay Drive Sheet C4.15 - Bridgewater Drive Sheet C4.16 - Cascade Lane Sheet C4.17 • Sandstone Lane Sheet C4.18 - Sandstone Circle i Page 19 of 18 Developer Initial City Clerk Initial ; Sheet C4.19 - Regional Pond Storm Sewer Sheet C4.20 - Willow Drive Improvements Sheet C4.21 - Willow Drive Improvements Exhibit E.... Construction Details (All sheets dated 3-31-03) Sheet C7.1 - Construction Details Sheet C7.2 - Construction Details Sheet C7.3 - Construction Details Exhibit F..... Landscaping Plans (All sheets dated 3-31 -03) Sheet L2.1 - Overall Landscape Plan Sheet L2.2 - Seed Mixture and Erosion Control Plan Sheet L3.1 - Master Final Grading Plan Sheet L3.2 - Pond Final Grading Plan and Details Sheet L3.3 - Stonebay / Cascade Lane Final Grading Plan Sheet L3.4 - Bridgewater Drive / Boulder Drive Final Grading Plan Sheet L3.5 - Sandstone Lane / Sandstone Circle Final Grading Plan Sheet L3.6 - Cascade Circle Final Grading Plan Sheet L3.7 - Cobblestone Court / Commercial Outlot Final Grading Plan Sheet L6.1 - Kelley Parkway (West) Enlarged Plan Sheet L6.2 - Kelley Parkway (East) Enlarged Plan Sheet L6.3 - Stonebay Lane Enlarged Plan Sheet L6.4 - Roundabout Landscape Enlarged Plan Sheet L6.5 - Open Space Enlarged Plan Sheet L6.6 - Bridgewater Drive Enlarged Plan Sheet L6.7 - Boulder Drive Enlarged Plan Sheet L6.8 - Sandstone Lane / Sandstone Circle Enlarged Plan Sheet L6.9 - Cobblestone Court Enlarged Plan (Omitted - Future Phase) Sheet L6.10 - Willow Drive Enlarged Plan Sheet L7.1 - Landscape Sections. Sheet L7.2 - Landscape Sections Sheet L7.3 - Landscape Details Exhibit G..... Preliminary Building Plans & Elevations I. Rambler Toivnhome Drawings: Sheet A 1.1 - Typical Plan & Elevption Sheet A 1.2 - Typical Roof Plan & Elevation Sheet A 1.3 - Typical Elevations II. Two-Siory Totvnhome DraHiogs: Sheet A2.1 - Floor Plans and Roof Plan 4 i Page 20 of 18 Developer Initial City Clerk Initial Sheet A2.2 - Elevations in. Lofts Drawings: Sheet A3.1 - Roof Plan and Floor Plan Sheet A3.2 • Elevations Exhibit H..... Lighting Plans Sheet____, Revision Date:__________ Sheet____Revision Date:___________ Exhibit I.... Signage Plan Sheet____, Revision Date:__________ Sheet____, Revision Date:__________ ....etc. Exhibit J.... Site Improvements Cost Estimate Exhibit K.... Special Conditions Memo Exhibit L.... Phasing Plan Exhibit M.... Schedule of Development Fees Exhibit N... City Engineer Comments Dated 4-25-03 Page 21 of 18 Developer Initial, City Clerk Initial. S’ dU ignaM i- ^ I r* Revised Draft 4-25-03 ORDINANCE NO. , SECOND SERIES AN ORDINANCE AMENDING THE MUNICIPAL CODE OF ORONO AND AMENDING THE OFFICIAL ZONING MAP BY REZOMNG CERTAIN PROPERTY WITHIN OUTLOT B, WILLOW PROPERTIES ADDITION, HENNEPIN COUNTY, MINNESOTA FROM RR-IB SINGLE FAMILY RURAL RESIDENTIAL DISTRICT TO PUD/RPUD RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT OR TO PUD/RR-IB RURAL RESIDENTIAL ZONING DISTRICT AND ADDING SECTION 10.53 SUBDIVISION 11 REGARDING PLANNED UNIT DEVELOPMENT NO. 4 - FILE #02-2789/02-2840 ^VHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono has conceptually approved the replatting of Outlot B, Willow Properties Addition, Hennepin County, Minnesota into Lots, Blocks and Outlots within the proposed plat of STONEBAY, Hennepin County, Minnesota; including the dedication ofpublic road and utility rights-of-way for Kelley Parkway, Willow Drive and U.S. Trunk Highway 12; and WII ERE AS, the City Council has approved the rezoning of proposed Lots I thru 46, Block 1; Lots 1-10, Block 2; and Outlots A, B, C, D, E, F, G, H, I, J and K, STONEBAY, per the findings, terms and conditions of Resolution No. 4915 adopted January 27, 2003, subject to execution of PUD No. 4 Agreement between Dahlstrom Development LLC and the City of Orono, and subject to completion of the platting of said STONEBAY. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORONO DOES HEREBY ORDAIN: Section 1. The Municipal Code of Orono is amended by amending the ofTiciat zoning map and zoning district boundaries for the property described as follows: Lots 1-46 inclusive. Block 1; Lots 1-10 inclusive, Block 2; and Outlots E, F, G, II, I, J and K, STONEBAY, Hennepin County, Minnesota. Said property is hereby rezoned from RR-1B Single Fait«ily Rural Residential District to PUD/RPUD Planned Unit Development Distrirt w ith RPUD (Residential Planned Unit Development District) as the underlying district. Page 1 of3 * JJ Section 2. The Municipal Code of Orono is amended by amending the official zoning map and zoning district boundaries for the property described a:; follows: Outlots A, B, C and D; STONEBAY, Hennepin County, Minnesota. Said property is hereby rezoned from RR-1B Single Family Rural Residential District to PUD/RR- IB Planned Unit Development District with RR-IB (Rural Residential Zoning District) as the undrlying district. Section 3. The Municipal Code of Orono is amended by adding Section 10.53, Subd.l 1 to read as follows: “Subd. 9. PLANNED UNIT DEVELOPMENT NO. 4 - DAHLSTROM DEVELOPMENT CORPORATION PUD: A. B. Legal Description. PUD NO. 4 is legally described as Lots 1 through 46, inclusive. Flock 1; Lots 1 through 10 inclusive. Block 2; and Outlots A, B, C, D, E, F, G, H, I, J and K, STO'-IEBAY, Hennepin County, Minnesota. Incorporated herein by reference are the DAHLSTROM DEVELOPiMfcNT LLC PUD plans attached as exhibits to the PUD NO. 4 Agreement on file in the Office of the Planning Director under File #02-2789/02-2840. D. Allowable Uses. The uses allowed in the PUD are as follows: Outlots A and D, STONEB.^.Y are platted as Outlots for future development in accordance with the uses guided within the 2000-2020 Orono Community Management Plan (CMP), and may not be used until such time that they have been rezoned via the Planned Unit Development process and platted into buildable Lots. Outlots B and C, STONEB.AY, arc platted as Outlots for stormwater management and utility purposes, and trail purposes only. Lots 1-46 inclusive. Block 1; Lots 1-10 inclusive; and Outlots E, F, G, H, I, J and K, STONEBAY are platted to be used for multi-family dwelling purposes subject to the prov isions and standards of the RPUD Residential Planned Unit Development District and as further limited within City Council Resolution No. 4915 and the PUD NO. 4 Agreement on file in the Office of the Planning Director under File #02-2789/02-2840. Outlots E, F, G and H shall not be developed for the approved uses until completion of final platting into Lots and Blocks. Page 2 of3 E. Development Standards. Development standards shall be as indicated on the q>proved PUD General Development Plan as documented within City Council Resolution No. 4915 and the PUD NO. 4 Agreement on file in the Office of the Planning Director under File #02-2789/02-2840.” ii ir' Section 3. This ordinance shall become effective upon execution by the City of Orono and Dahlstrom Development LLC of the aforesaid PUD NO. 4 Agreement, and upon City approval and filing of the final plat of Phase I of STONEBAY with Hennepin County. Section 4. This ordinance shall be published in The Laker and The Pioneer newspaper and shall be effective upon publication. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the___ day of_________, 2003 by a vote of___ayes and____nays. ATTEST:Barbara A. Peterson, Mayor Linda S. Vee, City Clerk Page 3 of3 Application Deadline: 1/8/2003 60 Day Deadline: 3/9/2003 Extension: 5/8/2003 REQUEST FOR COUNCIL ACTION Department Approval: Name: Jennifer Chaput Title: City Planner APR 2 6 2003 Cn Y UH OHOivu DATE: April 23,2003 ITEM NO. .5 Agenda Section: Zoning Item Description://02-2859 Blake & Mar>' Bichanich 332 Westlake Street Variances Exhibits: A Resolution Application Summary ’: The applicants initially requested the following variances in order to construct a new house in the same location as a house exists today: 1. side yard setbacks: 11’ to the south and 19.3 ’ to the north where 30 ’ is required; 2. lot width: 100.28 ’ where 200' is required; and 3. lot area: 1.34 acres (58.659 s.f.) where 2 acres (87,120 s.f.) are required. A recommendation regarding this application was made by the Planning Commission at their January 22, 2003 meeting to approve the application as presented, with an alteration of the side yard setbacks to not less than 20 ’ on each side with up to 4' overhang encroachments. The City Council heard the Planning Commission ’s recommendation on March 10. 2003. Staff recommended denial of the side yard setback variances to both the Planning Commission and the City Council because new const."action was being proposed and the required setbacks could be met. The City Council tabled the application on March 10, 2003 to allow the applicants to meet with staff to further discuss the requested side yard setback variances. fhe applicants revised »heir proposal to request approval of 20 ’ side yard setbacks per the Planning Commission ’s recommendation and presented it to the City Council at their meeting on April 14. 2003. 1 he City Council was unable to identily a hardship to permit substandard side setbacks for new construction. The City Council approved the lot width and lot area variances and denied the requested variances for side yard setbacks. This same application can not be resubmitted for a period of six months from the date of denial. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed resolution. A RESOLUTION GRANTING LOT AREA AND WIDTH VARIANCES AND DENYING SIDE SETBACK VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.23, SUBDIVISION 6 FILE NO. 02-2859 WHEREAS, Blake and Mary Bichanich, husband and wife, (hereinafter "the applicants") are the owners of the property located at 332 Westlake Street, within the City of Orono (hereinafter "the City") and legally described as follows: LOTS 4 & 5, BLOCK 1, HILLSIDE PARK, Hennepin County, Minnesota, (hereinafter “the property"); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.23, Subdivision 6 to allow construction of a new home oi; a 1.34 acre lot where 2 acres are required with a lot width of 100.28’ where 200’ is required and side setbacks of 1 r to the south and 19.3 ’ to the north where 30 ’ is required in the LR-1A 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 January 22, 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 #02-2859. The property is located in the LR-1 A Zoning District, uliere 2.0 acres are the minimum required lot area. The property consists of approximately 1.34 acres. 3.The Orono Planning Commission reviewed this application on January 22, 2003 and recommended approval by a vote of 6 to I to permit construction of a new home on a 1.34 acre lot where 2 acres are required with a lot width of 100.28’ where 200’ Page 1 of 5 1^: r 5. 6. 7. is required and side yard setbacks of not more than 20 feet on each side, permitting up to a 4 foot encroachment into either side yard for roof overhang but for no other building elements, and requiring the removal of the existing shed in the 0-75 ’ hardcover zone. 4. The Planning Commission made the following findings of fact: A. B. C. D. E. In 1993, the property owner combined two 50 ’ wide lots in order to create a lot that was closer to conformity with the lot area and width requirements of the zoning district; The applicants were permitted to build a home on the combined lots in 1993 with substandard side yard setbacks, lot area and lot width; The combined lot is vcr>- long and narrow, creating difficult conditions to build a home that takes full advantage of the lakeshore; The existing detached garage is currently located over the property line to the south and will be removed with this application; and An existing non-conforming shed, located in the 0-75 ’ lakeshore setback zone, will be removed with this application and replaced with a lock box compliant with City size standards. On March 10, 2003, the City Council heard the Planning Commission ’s recommendations regarding the application. At that time, the City Council was reluctant to agree w ith the hardships identified by the Planning Commission as they pertained to the proposed side yard setback variances. Therefore, the City Council tabled the application to allow the applicants to meet with staff to further discuss the proposal. On April 14,2003, the City Council heard the applicant ’s revised variance proposal which incorporated the Planning Commission ’s recommendation of 20’ side yard setbacks, as opposed to the applicant ’s original proposal of 11’ and 19.3’ w here 30’ is required. The City Council was unable to identity a hardship to permit substandard side yard setbacks for the proposed mw construction. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally io other property in this zoning district; that granting the variances will not adversely affect traffic conditions, light, air, nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is Page 2 of 5 tiir- mtrirTiti'tir 8. necessary to preserve a substantial property right of the applicants; and would be in keeping wiih 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 Staf, comments by the applicants and the effect of the proposed variances on the hcalili, safety and welfare of the community. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.23, Subdivision 6 to permit construction of a new home on a 1.34 acre lot where 2 acres are required with a lot width of 100.28’ where 200’ is required. The City Council hereby denies a variance to Municipal Zoning Code 1 0.23, Subdivision 6 to permit side yard setbacks of 20’ where 30’ is required. Approval is subject to the following conditions: 1 . Approval is conditioned on the removal of the existing shed in the 0 /5’ hardcover setback zone. 2. Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application fora building permit within one year of the date of Council approval, or these variances will expire on that date (April 28,2004). 3. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeaiior. 4. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Page 3 of 5 Adopted by the City Counc*! of the City or Orono, Minnesota at a regular meeting held on the 28th day of April, 2003. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner (s) STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 28th day of April, 2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notar>' Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this dayof April, 2003 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 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 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 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/alTirmation of credible witness . a and w ho executed the foregoing instrument, and acknowledged that he/she/tliey executed the same as his/her/their free act and deed. Notary Public Pages of5 _____^ ^. Application Complete: 60 Day Deadline: Extension: 2/20/03 4/21/03 6/20/03 REQUEST FOR COUNCIL ACTION Department Approval: Name: Jennifer Chaput Title: City Planrier APR 2 8 2003 CITY Ot* CJHUivO DATE: April 22,2003 ITEM NO. C/' Agenda Section: Zoning Item Description:#03-2876 Sevie L. Lanning 3329 Crystal Bay Road Variances Exhibits: A Resolution B Staff Report and exhibits of 4/21 /03 Planning Commission meeting C Staff Report and exhibits of 3/17/03 Planning Commission meeting Application Summary: The applicant requests the following variances for construction of a new residence on the property: 1 . lot area of 3,741 s.f. (0.09 acres) where 21,780 s.f. (0.5 acres) is required; 2. a lot width of 50’ where 100 ’ is required; 3. setback of 48’ from the OMWI, of Lake Minnetonka where 75 ’ is required; 4. rear yard setback of 10 ’ where 30’ is required; 5. an encroaciimcnt of 16 ’ into the average lakeshore setback; 6. 1,121 s.f. (40.82%) hardcover within the 0 to 75 ’ lakeshore setback zone where none is permitted; and 7. 285 s.f. (28.64%) hardcover within the 75 ’ to 250’ lakeshore setback zone where 248.75 s.f. (25%) is permitted. Pertinent Code Sections: 1 . Section 10.25, Subd. 6 (A & B): Area, Height, Lot Width and Yard Requirements: T he following mininuim requirements in the LR-IC zoning district shall be obscr\ed: lot area'/: acre; lot width 100 ’;rearyard30’.No structure or building shall e.xceed 2 '/i stories or 30’ in height. (Request: To allow lot area of 3,741 s.f. (0.09 acres) where 21,780 s.f. (0.5 acres) is required; a lot width of 50' where 100 ’ is required; and rear yard setback of 10 ’ where 30’ is required). 2. 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 OllWL (929.4 ’) of lakes classified as General Development. (Request: To allow a setback of 48’ from the OHWL of Lake Minnetonka where 75 ’ 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 an encroachment of 16 ’ into the average lakeshore setback) 4. Section 10.22. Subd. 2 and Section 10.56, Subd. 16 (L)(I) & (2): Hardcover within 75’ and Hardcover within 75* to 250 ’: Within 75 ’ of the shoreline there shall be no e.xcavating. filling, hardcover, temporary or permanent structures. Between 75 feet and 250 feet of the < OHWI, there shall be no greater than 25% hardcover. (Request: To allow 1 ,1 2 1 s.f. (40.82%) hardcover within the 0 to 75’ lakeshore setback zone where none is permitted; and 285 s.f. (28.64%) hardcover within the 75’ to 250 ’ lakeshore setback zone where 248.75 s.f (25%) is permitted). PLANNING COMMISSION: Planning Commission recommended by a 7 to 0 vote to; Approval of the following variances for new construction on the lot: 1 . lot area of 3,741 s.f (0.09 acres) where 21 ,780 s.f (0.5 acres) is required; 2. a lot width of 50’ where 100 ’ is required; 3. setback of 53 ’ from the OH WL of Lake Minnetonka where 75’ is required; 4. rear yard setback of 5’ where 30' is required; 5. an encroachment of 8-1 1 ’ into the average lakeshore setback; 6. l,029s.f (37.47%) hardcover within the 0 to 75’ lakeshore setback zone where none is permitted; and 7. 420s.f (42.21%) hardcover within the 75’ to 250 ’ lakeshore setback zone where 248.75 s.f (25%) is permitted. Approval is conditioned on the following: 1 . A building of no more than 30 ’ and 2 'A stories in height w ill be permitted to be constricted on the lot; 2. Overhangs must not e.xceed 1 ‘/i’ encroachments into the setbacks; 3. A minimal sidewalk may be added from the front door to the driveway, not exceeding 2' in width. The sidewalk will count as additional hardcover in the 0-75’ setback zone, beyond the 1,029 s.f (37,47%) hardcover proposed; 4. The existing culvert must be located prior to discussions with City staff regarding relocation. Prior to obtaining a building permit, a survey show ing the proposed relocation of the culvert will be required. A drainage and utility easement w ill be required over the relocated culvert as well. The costs of these improvements will be the financial responsibility of the pr'-perty ow ner. If relocation of the culvert can not be accomplished without revisions to me house footprint, those revisions may be subject to further review by the Planning Commission and City Council; 5. Existing and proposed grading and d<‘ainagc ways should be shown on plans submitted for a building permit; and 6. Erosion control measures must be installed, inspected and approved prior to any work on the site. STAFF RECO\L\lENDATION: . 4^10 approve the enclosed resolution. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed resolution. 4 A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.25, SUBDIVISION 6 (A); SECTION 10.25, SUBDIVISION 6 (B); SECTION 10.22, SUBDIVISION 2; SECTION 10.56, iJUBDlVISION 16 (C)(1); SECTION 10.22, SUBDIVISION 1 (B); SECTION 10.56, SUBDIVISION 16 (C)(6); SECTION 10.56, SUBDIVISION 16 (L)(l); AND SECTION 10.56, SUBDIVSION 16 (L)(2) FILE NO. 03-2876 WHEREAS, Sevie L. tanning (hereinafter "the applicant") is the owner of the property located at 3329 Crystal Bay Road, within the City of Orono (hereinafter "the City") and legally described as follows: Lot 6, Wallace’s Addition to Minnetonka Beach, Hennepin County, Minnesota, (hereinafter “the property"); and WHEREAS, the a; plicant has applied to the City for variances from Municipal Zoning Code Section 10.25, Subdivision 6 (A); Section 10.25, Subdivision 6 (B); Section 10.22, Subdivision 2; Section 10.56. Subdivision 16(C)(1); Section 10.22, Subdivision 1 (B); Section 10.56. Subdivision 16 (C)(6); Section 10.56, Subdivision 16 (L)(l); and Section 10.56, Subdivision 16 (L)(2) to construct a new residence on the property with a lot area of 3,741 s.f. (0.09 acres) where 21,780 s.f. (0.5 acres) is required; a lot width of 50' where 100’ is required; setback of 48 ’ from the OHWL of Lake Minnetonka where 75 ’ is required; rear yard setback of 10’ where 30’ is required; an encroachment of 16 ’ into the average lakeshore setback; 1,121 s.f. (40.82%) hardco\ er within the 0 to 75 ’ lakeshore setback zone where none is permitted; and 285 s.f. (28.64%) hardcover within the 75 ’ to 250’ lakeshore setback zone where 248.75 s.f. (25%) is permitted, 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 alt persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minne.sota; Page 1 of 6 f i 2. 3. 5. FINDINGS 1. This application was reviewed as Zoning File ^03-2876. The property is located in the 1-R-lC Zoning District, where 0.5 acres is the minimum required lot area. The property consists of approximately 0.09 acres. The Orono Planning Commission reviewed this application on March 17,2003 and tabled the application in order for the applicant to provide elevations depicting the height of the proposed structure. The Planning Commission heard the application for the second time on .April 21,2003 and recommended app' jval by a vote of 7 to 0. 4. The Planning Commission made the following findings of fact; A. The lot size and width are substandard for the zoning district; B. The property contains an existing residence; C. The majority of the lot is located within 75’ of the OH WL of Lake Minnetonka. The required 30' setback from the rear lot line and 75’ setback from the OllWL overlap, leaving no buildable area on the lot; D. The 100' of Dakota Rail right of way on the rear of the property is not in use as a rail corridor and is guided for a regional trail in the future. 1 herefore, a 5' setback from the rear lot line, rather than the 10’ proposed, will not negatively impact land owners to the south and will allow for a reduction of the proposed encroachments of average setback and 75' setback; and E. 1 he proposed house will encroach between 8'-l 1' into the average lakeshore setback whereas the existing house encroaches 9’. The neighboring views of the lake will not be greatly impacted by the proposed enert .Khment. 1 he City Council finds that the conditions existing on •'-.is 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 serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserv e a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the Citv. Page 2 of 6 . ( without revisions to the house footprint, those revisions may be subject to further review by the Planning Commission and City Council; e) Existing and proposed grading and drainage ways should be shown on plans submitted for a building permit; and 0 Erosion control measures must be installed, inspected and approved prior to any work on the site. 3. Authorities grunted 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 (April 28,2004). 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 28th day of April, 2003. ATTEST: Linda S. Vee, City Clerk Property Owner (s) Barbara A. Peterson, Mayor Page 4 of 6 i STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 28th day of April, 2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said inst.iiment was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged this day of April, 2003 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public S l ATE 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/atTirmation of 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. Notar>’ Public Page 5 of 6 i STATE OF MINNESOTA COUNTY OF HENNEPIN On this__day of appeared before me. , 2003,j)ersonally 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 and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free; ;t and deed. Notary Public Page 6 of 6 S E V L^A n W/n G OF LOT 6. WALLACE' S ADDITION TO MINNETONKA BEACH HENNEPIN COUNTY. MINNESOTA LAKE MINNETONKA CRYSTAL BAY 929.4 CONTOUR LtC <0^ % Htuce OCtVBIAl^ legal description of premises Lot 6. Wallace's Addition to Minnetonko Beach O : denotes ironmorker found Bearings shown ore based upon on ossufied datum. This survey intends to show the boundories of the obovc described property, the location of an existing house, and the proposed location of a proposed house thereon.lt does not purport to show ony other irrprovements or encroochments GROHBERC k iSSOCUTESl HC mLMBammwmmwinm m%mmm ubucmw 0HTMM1 I tar#f mVIy M Si wntf wm If «t • giir Mf 4r«1 aev- iii M I w • fffrtwtd G«i CnqiWfr 0H ipi SrwfW 0^ Im ol Ow Siolt of Hmtioto Mvl S OorSwi livtsofo IktMf Mhtrtm I27SS scale r-20* OATt 02-11-03 JOB 03-036 03-036 Application Received; Application Complete: 60 Day Deadline: Extension; COUMCtU CitHttvr B 2/18/03 2/20/03 4/21/03 6/20/03 TO: FROM: DATE: SUBJECT: Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator Jennifer Chaput, City Planner April 10,2003 #03-2876 Sevie L. tanning 3329 Crystal Bay Road Variances - Public Hearing Zoning District: Lot Area: LR-IC One Family Lakeshore Residential District (0.5 acre) 3,741 s.f. (0.09 acres) Application Summary: The applicant requests the following variances for construction of a new 1,200 s.f. residence on tlie property: 1. lot area of 3,741 s.f. (0.09 acres) where 21,780 s.f. (0.5 acres) is required; 2. a lot width of 50 ’ where 1 00 ’ is required; 3. setback of 48’ from the OMWL of Lake Minnetonka where 75 ’ is required; 4. rear yard setback of 10 ’ where 30 ’ is required; 5. an encroachment of 16 ’ into the average lakeshore setback; 6. 1,1 21 s.f. (40.82%) hardcover within tlic 0 to 75 ’ lakeshore setback zone where none is permitted; and 7. 285 s.f. (28.64%) hardcover within the 75 ’ to 250 ’ lakeshore setback zone where 248.75 s.f. (25%) is permitted. 1 his application was tabled at the 3/17/2003 Planning Commission meeting for the applicant to provide elevations of the proposed home. At the meeting, concerns were voiced regarding the proposed encroachment into the average lakeshore setback and how the height of the home might affect the neighbor's lake views. The Planning Commission also found it difficult to determine if additional hardcover may be necessary (for sidewalks, door landings, etc.) without elevation views of the proposed home. New plans have now been provided for review. Exhibits: A Analysis worksheet of three alternatives B Sur\eys depicting three alternatives C Proposed building elevations and floor plans D Staff Report and exhibits of 3/17/2003 #03-2876 Sevic L Lanning 4^22/2003 Page I of 5 Discussion: Average Lakeshore Setback The existing house encroaches 9’ into the average lakeshore setback and abuts the side lot line to the east, angling back to the rear lot line. I'he current configuration of the house leaves a large portion of the lot undeveloped, providing open views for the neighbor to the west at 3335 Cr> stal Bay Road. The neighbor to the east, 3325 Crystal Bay Road, currently has obstructed views as a result of the 9’ encroachment into the average lakeshore setback and position of t.he house directly on the side lot line. The proposed house is centered on the property with 10’ setbacks on either side, encroaching 16 ’ into the average lakeshore setback. The position of the home will change views dramatically for the neighbor to the west since there will now be structure where there was not before. For the neighbor to the east, the house will be located farther away from their house (setback 10’) which should improve the views. There are also second level decks on this side of the house, minimizing the amount of stnicture. Also, the garages are staggered back so that the encroachment into the average lakeshore setback on this portion of the home is less than on the west side. I'o reduce the encroachment into the average lakeshore setback and maintain 10’ setbacks on the sides and rear, as proposed, the house could be reduced by 7’ to not be any closer to the lake than the existing house (see “Alternative 2’’). This would produce a 33 ’ x 30 ’ home or a 990 s.f. footprint. A third alternative is to move the 30 ’ x 40’ footprint back on the lot so that it is 5’ from the rear lot line rather than 10’. In this case, the encroachment into the average lakeshore setback would be 2’ greater than it exists today (or 11 ’), but the proposed footprint would be maintained. Alternative 1 leaves a driveway only 10-12’ deep, not enough to park even a small vehicle head- in. Alternative 2 yields a 16 ’ depth of driveway, barely enough for a compact car. Alternative 3 results in the best driveway situation, leaving 16 ’-17’ depth off the traveled roadway. Rear Setback & Culvert Relocation I he existing home is located on the rear lot line. The proposed home is located 10’ from the rear lot line where 30 ’ is required. The alternate setback, as mentioned above, is 5’ from the rear lot line to reduce encroachment into the average lakeshore setback. 1 he property to the south of the lot is owned by the Hennepin County Rail Authority for potential use as a regional trail in the future. 'I hc Dakota rail right of way is approximately 100’ in width. Since this property does not have the potential to be developed by structures, a substandard setback from the tear lot line will not negatively impact the property owners to the south. It was discovered that there is an existing storm sewer culvert that runs directly beneath the existing home, extending from the pond on the south side of the railway u-acks and emptying into Crystal B.iy. Since the City will not permit a structure to be built over a storm sewer, the culven must be relocated on the lot at the ow ner’s expense prior to construction of a new structure. The culvert currently runs straight under the house from the pond to the south. To avoid the U03-2876 Sevie L. Lanning 4/22/2003 Page 2 of S proposed home, it would need to be located along the inside of one of the side lot lines. To accomplish this, the culvert would need to change direction from running straight north, to the east or west, and to the north again, into Crystal Bay. This switchback of the culvert should be located on the property in question, along the rear lot line. A drainage and utility easement, typically 10 ’ wide, would be required over the relocated culvert. If a 5’ rear setback is approved, the applicants would need to prove that the culvert can be relocated within this area or that permission has been granted from Hennepin County to partially complete the work on their land. If it is not possible to do within the 5’, the house will need to be reduced to meet the setback necessary to accommodate the culvert relocation. Buildinn Height The applicant is requesting to construct a house 30' high and 2 'A stories. However, the plans do not accurately reflect a half story by the following definition: Half Story, 'fhe uppermost floor of a building in which (i) the intersection of the exterior wall and the roof is not more than three feet above the floor elevation, and (ii) not more than 60 percent of the floor area within the exterior walls of the uppermost floor exceeds five feet in height as measured from the floor to the rafters. Floors not meeting this definition shall be deemed a story. The front elevation (Sheet A4) shows exterior walls on the upper story, exceeding 3 ’ (4 ’ and 5’) from the floor elevation to the roof intersection. A section illustrating that no more than 60% of the floor area exceeds S’ in height was not submitted with the plans. Sheet A3 (upper floor plan) shows calculations that this area is 59.9%. A house exceeding the maximum permitted height will not be allowed. The plans will require revision to meet the requirements for a building permit. Hardcover The lower floor plan shows a back door, front door and two garage stalls. The only hardcover shown on the lot besides the structure is a 16 ’ wide driveway. Both doors are approximately 1 ’ above grade. It is presumed that each door will require a landing. It is the City’s policy to allow' one 4 ’ X 4 ’ landing for the main door. Although a landing is not shown on the plan, 16 s.f. of hardcover has been added into the proposed hardcover in the 0-75 ’ hardcover zone to accommodate a landing at the front door. 0~75 ' setback zone The majority of the lot is located in this setback zone. The proposed home shows 1,121 s.f (40.82%) of hardcover where none is permitted. If the house is reduced in size to 33 ’ x 30 ’ (at the existing average lakeshore setback line with a 10' rear setback), the hardcover would be 1,024 s.f (37.29%). Alternatively, if the house is moved 5' back on the lot, the hardcover would be 1,029 s.f (37.47%). Reducing the amount of structure within this zone further reduces the hardcover. 75 ’-250 ' setback zone The proposed home shows 285 s.f (28.64%) hardcover where 248.75 s.f (25%) is permitted. If #03-2876 Sevie L Lanning 4/22/2003 Page 3 of 5 I the house is reduced in size to 33' x 30' (as mentioned above), the hardcover within this zone is maintained at 285 s.f. (28.64%). However, if the house is moved back 5' on the lot, the hardcover in this zone would increase to 420 s.f. (42.21%). Issues for Consideration: 1 . The proposed footprint can be adjusted to reflect a smaller footprint, meeting the existing average lakeshore setback, or it can be moved back on the lot 5' to reduce the average lakeshore setback and the rear setback; 2. The existing house encroaches 9' into the average lakeshore setback and is located on the east side and rear lot line; 3. The proposed house is located 10' from the side lot lines with a staggered front and second story deck to reduce the visual impact on the neighbors; 4. The existing culvert requires relocation on the property along one of the side lot lines. If the rear setback is not adequate for the culvert, the house would need to be located to accommodate it by moving no clo.scr to the OHWL of Lake Minnetonka than the setback approved; 5. Drainage and utility easements will be required over the relocated storm sewer; 6. The majority of the lot is located within the 0-75' setback zone. Hardcov er within this zone can be reduced by shifting the footprint back on the lot, further reducing the setback from the OHWL; 7. Other issues raised by the Planning Commission. Staff Recommendations: Staff supports the lot area and lot width variances. Staff recommends that the proposed 40* x 30' footprint be located 5' from the rear lot line, as outlined on the Analysis Worksheet as Alternative #3, to provide enough driveway length to safely park a vehicle. Staff recommends approval of the requested variances for new construction on the lot per Alternative #3, including lot area and lot width variances, with the following conditions: 1 . A building of no more than 30’ and no more than 2 '/i stories in height will be permitted to be constructed on the lot; 2. The existing culvert must be located prior to discussions with City staff regarding relocation. Prior to obtaining a building permit, a survey showing the proposed relocation of the culvert w ill be required. A drainage and utility easement will be required over the relocated culvert as well. The costs of these improvements will be the flnancial responsibility of the property owner; 3. Existing and proposed grading and drainage ways should be shown on plans submitted for a building permit; and 4. Erosion control measures must be installed, inspected and approved prior to any work on the site. M)3-28T6 Sevie L Laming ■i'2: 200i Page 4 of 5 ANALYSIS WORKSHEET Alternative 1: Proposed footprint (40’ x 30 ’) Alternative 2: Reduce the footprint of the house to 33 ’ x 30 ’ to meet the existing average lakeshore setback Altemativ? 3: Move the proposed footprint 5 ’ toward the rear lot line (south) M03-2876 Sevie L Laming 4/22/2003 Pages o/S Dimensions Permitted Existing Alternative 1 Alternative 2 Alternative 3 Setback from OHWL 75’49’550’53’ Rear Setback 30’0’10’10’5’ Side Setbacks East 10’0’10’10’10’ West 10’17’10’10’10’ Average Lakeshore Setback Encroachment n/a 9’16’9’8’-ir Hardcover in None 1,059 s.f.1,121 s.f.1.024 s.f.1,029 s.f. 0-75’ Setback Zone (38.6%)(40.82%)(37.29%)(37.47%) Hardcover in 75’-248.75 s.f.779 s.f.285 s.f.285 s.f.420 s.f. 250’ Setback Zone (25%)(78.29%)(28.64%)(28.64%)(42.21%) ^t^auseMtOMaLJM i 2X4 otrrmMCR 1X4 HA*DITH1M 1X6 HAI(DtrRtM 24* m59 BlOitW OATT INSULATION MAHOICSO^PIT fVANTCo; CN6IN55RCO TRUSSES • 24* OC, OOJeLE 2X6 PLATS S/a- SHEET XOCK EXT. AIR FILM R J1 StOINCj R j62 1/2- EXT SMSATH R2 j06 2X6* STUDS R 22 DB IN5UL.R 220 POLT vr. Ii2- OYP. BD.R .45 INT. AIR FILM R 6a TOTAL R«R 2S.Sa 2X6 PLATE CARRr VAPOP DAWtlEP ON the outside op PiM JOIST PIM JOeST la- JOISTS DCX»LE 2X6 PLATE PI4 SOUND INSULATION 5/a* SHEET ROCX 1/2* SHEET POOP VAPOm. BAPPJEP 2»6 STUDS • 16* OO P22 B3. INSULATION 1/2- PPO SHEArHINS 0UILDINO PMAP 4- HAPDIE SIDINO 3/4* Pro sc© FLOOP 2X6 PLATE OAPPT VAPOP BAPPIEP ON THE OUTSIDE OP RiM JOIST PlM JOIST DLOOPINS cantilevered joists la- joists DOIOLB 2X6 PLATE PI4 SOUND INSULATION 5/a- SHEET POOP 1/2- SHEET POOP VAPOR BAPPJBP 2m6 studs • 16* OC. P22 SB INSULATION 1/2* Pro Sh Eatmins SUILDII^ ritAP a* HAPDIE SIDINS 5/a* anchor bolts 52* OjC. 2X6 TREATED PLATE a* PC\R£D foundation WALL 1 1/2* INSULATION NUD SILL 6* PLASTIC PERFORATED drain pipe SET IN SPAVEL - connect to sump ax2o- coNcmsTE Foorm with 2 BAS CONT. DATE: 03- 30-03 REVISED: 4- 3-03 k nr n.. 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CL <L.<n u O -4--»• •o — (0 0)*-* LiJ o CD x: (1) ^ o -J o CD XI -< c eMuettc 1 Application Received: Application Complete: 60 Day Deadline: 2/18/03 2/20/03 4/21/03 TO:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM:Jennifer Chaput, City Planner DATE:March 4,2003 SUBJECT: #03-2876 Sevie L. tanning 3329 Crystal Bay Road Variances — Public Hearing Zoning District: Lot Area: LR-IC One Family I^eshore Residential District (0.5 acre) 3,741 s.f. (0.09 acres) Application Summary: The applicant requests the following variances for construction of a new residence on the property: 1. lot area of 3,741 s.f. (0.09 acres) where 21,780 s.f. (0.5 acres) is required; 2. a lot width of 50 ’ where 100 ’ is required; 3. setback of 43’ from the OHWL of Lake Minnetonka where 75’ is required; 4. rear yard setback of 10 ’ where 30’ is required; 5. an encroachment of 16 ’ into the average lakcshore setback; 6. 1,081 s.f. (39.4%) hardcover within the 0 to 75’ lakcshore setback zone where none is permitted; and 7. 292 s.f. (29.35%) hardcover within the 75’ to 250 ’ lakeshore setback zone where 248.75 s.f. (25%) is permitted. 1 he owner is in the process of selling the property. A potential buyer has signed a purchase agreement contingent on the ability to build a new structure on the lot rather than remodel the e.xisting house. The proposed home shown in the elevations is not necessarily the home that would be built. The purchaser wants to be able to build within the proposed footprint._________ Exhibits: A Analysis Worksheet Application I lardcover Calculations Correspondence from City Staff Survevm Proposed Elevations and Floor Plans l opography and Storm Water Culvert Location Maps Plat Map Property Owner’s List Permit Record Photos of Property U C D E F G II 1 J K W3-2876 St’vie L. Lunning 3/13/2003 Page I of 7 Pertinent Code Sections: 1. Section 10.25, Subd. 6 (A & B): Area, Height, Lot Width and Yard Kequirements: The follovsring minimum requirements in the LR-IC zoning district shall be observed: lot area'/: acre; lot width 100’; rear yard 30 ’. No structure or building shall exceed 2 'A stories or 30 ’ in height. (Request: To allow lot area of 3,741 s.f. (0.09 acres) where 21,780 s.f. (0.5 acres) is required; a lot width of 50’ where 100’ is re(]uired; and rear yard setback of 10’ where 30 ’ is required). 2. 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 OHWL (929.4’) of lakes classified as General Development. (Request: To allow a setback of 43' from the OHWL of Lake Minnetonka where 75 ’ 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 an encroachment of 16’ into the average lakeshore setback). 4. Section 10.22, Subd. 2 and Section 10.56, Subd. 16 (L)(l) & (2): Hardcover within 75 ’ and Hardcover within 75’ to 250 ’: Within 75' of the shoreline there shall be no excavating, filling, hardcover, temporary or permanent structures. Between 75 feet and 250 feet of the OHWL there shall be no greater than 25% hardcover. (Request: To allow 1,081 s.f (39.4%) hardcover within the 0 to 75 ’ lakeshore setback zone where none is permitted; and 292 s.f (29.35%) hardcover within the 75 ’ to 250' lakeshore setback zone where 248.75 s.f (25%) is permitted). Discussion: Lot Area & Lot Width The existing area of the lot is 3,741 s.f (0.09 acres) where 21,780 s.f (0.5 acres) is required for the zoning district. The existing lot width is 50' where 100’ is required for the district. Neither the area of the lot nor the width is proposed to change with this application. However, variances are necessary because new construction is proposed on the lot. Lot Coverage Bv Structure While a lot of less than 10,000 s.f. allows 1.500 s.f. of structural coverage, the applicant proposes a smaller footprint of 1,200 s.f No variance is nccessar>' for the proposed lot coverage by .structure. Side Yard Setbacks I he proposed structure meets the required 10' side yard setbacks. Therefore, no variances are required. Setback from the OHWL of L>ake Minnetonka & Rear Yard Setback The existing house on the lot is located 48* from the OHWL. However, it also has a zero setback from the rctir and east side lot line. The proposed house is located 43’ from the OHWL where 75 ’ is required. Given that the majority of the lot is located within 75 ’ of the OHWL. it would be H0}*2876 Sevte L Lannmg i/13 200} Page 2 of 7 L I I difllcult to propose a home which met this setback. The proposed house is located 10’ from the rear lot line where 30’ is required. If the required setbacks from the OHWL and rear lot line are followed, the setbacks overlap, providing no legal building envelope. With the propo.sed 10’ rear setback, there is only room for a driveway of approximately 10’ in length off of Crystal Bay Road. With this length, vehicles will not fully fit on the driveway on the lot and may end up jutting into Crystal Bay Road traveled right of way. Given this information, staff would recommend that a driveway of at least an additional S’ in length be provided from Crystal Bay Road, moving the house 5’ closer to the rear lot line rather than the 10’ proposed and the 30’ required. The footprint of the home would also be 48' from the OHWL of the lake (same as existing home) and lessen the encroachment into the average lakeshore setback with a 5’ .setback from the rear lot line. The rear lot line abuts Dakota Rail right of way which is not currently in use for rail but is proposed to be a future regional trail. To the rear of the property, the right of way is flat then changes significantly in grade. Since the existing house is located on the rear lot line and does not appear to have a negative impact on the abutting property, a 5’ setback would seem reasonable in order for the lot to accommodate a properly sized driveway. Ihe alternate would be to reduce the length of the house by 5’ to retain a 10’ rear setback. Rear setback approvals for structures in the neighborhood have varied from 7.6 ’ to 19’. Average Lakeshore Setback The proposed house encroaches 16’ into the average lakeshore setback whereas the existing house encroaches 11 ’ into the average lakeshore setback. With a decreased setback from the rear lot line of 5’, the encroachment into Uie average lakeshore setback would not change from where it exists today. The property to the west (3335 Crystal Bay Road) has a rear lot line that extends into the Dakota Rail right of way. beyond that of the applicant’s property. In 1996, the owners of 3335 Crystal Bay Road combined a small portion of Dakota Rail property with their lot. 1 he property to the cast (3325 Cr>stal Bay Road) is approximately the same size as the lot in question. The views from either adjacent property will not be obstructed by a home in the proposed location. All properties face directly onto the lake. Ileicht The proposed elevations of a new structure on the property are taken from a previous application by Ace Properties (Zoning File # 2730) on 3375 Crystal Bay Road for new construction. The elevations are the same although the footprint has been reduced to fit on the lot. .As mentioned previously, the owner docs not necessarily wish to build this particular home but wants to be able to show potential buyers that something can be built. The home that was built based on these plans was constructed on a lot with changes in grade U03-2S76ScvicL Laming 3 13 200} Page 3 of 7 1 i elevation. The zoning ordinance states that the height is measured from the highest grade at the building or ten feet above the lowest grade, whichever is lower, to the average height of the highest gable. Given this, the house met the height requirements on 3375 Crystal Bay Road. However, the topography of the applicant ’s property is much flatter and would not permit construction of a home such as the proposed because it would exceed the height limitations. Any home that is built on this property must be no higher than 30 ’ and no more than 2 '/j stories in height, as required by the zoning ordinance. As proposed, the house elevations show three full stories. Hardcover 0~75 ' Hardcover Zone: There exists approximately 1,059 s.f. (38.6%) of hardcover within this zone where none is pemiittcd. The applicant proposes a home with 1,081 s.f. (39.4%) of hardcover. Crystal Bay Road is located within 12’ of the OHWL of Lake Minnetonka. The City has a prescriptive easement over the property for the roadway. Therefore, it is not considered part of the hardcover or lot area calculations. The majority of this lot is located within 75’of the OHWL. 75 '-250' Hardcover Zone: There is approximately 779 s.f. (78.29%) of hardcover existing in this zone where 25% is permitted. This is largely due to the fact that the home is positioned right on the rear lot line. The proposed home has 292 s.f. (29.35%) hardcover, reducing the existing hardcover in that zone (while increasing hardcover in the 0-75’ hardcover zone). Other Comments: City Engineer The City Engineer has reviewed the proposed plan and has the following comments: 1. existing and proposed grading and drainage ways should be shown on plans; 2. the existing storm sewer should be located; 3. drainage and utility easements 10 ’ wide over all existing utilities and 5’ wide along the south, cast and west lot lines should be requested (However, except for the storm sewer noted below, it would be inconsistent for the City to request these easements as part of a variance application); 4. erosion control measures must be installed, inspected and approved by the City prior to any work on the site. Existing Culvert Under I louse There is an exi.sting storm sewer that runs from the pond on the south side of the railway tracks into Ciystal Bay, and it is believed this pipe is beneath the existing house. The culvert, as it exists, must be located on a survey. If a new house is to be built on the property, the culvert must be relocated along the property line. To the south of the railw'ay tracks, two manholes should be placed to turn the culvert from its existing location. A drainage and utility easement of 10 ’ in width will be required over the culvert. The exact relocation of the culvert will be determined by City start'. These improvements w ill be the financial responsibility of the property owner. U03-2876 Sevie L Lanning 3/13/2003 Page 4 of? History: There have been a number of variances granted in the neighborhood over time. Most notably, there have been two lots in the neighborhood that have received variances for new construction since 2000: Address (Crystal Bay Road) Application Lot Width/ Lot Area Variances 3349 #2593(2000) new construction 50’/ 0.11 acres Hardcover 0-75’: 836 s.f. (29%) Hardcover 75’-250’: 972 s.f. (47%) Lot Area: 0.11 acres Lot Width: 50’ Setback from the lake: 70’ Rear Setback: 8’ 3375 #2730(2002) new construction 50’/ 0.15 acres Hardcover 0-75’: 748 s.f. (23.8%) Hardcover 75’-250’: 2,062 s.f. (53.4%) Lot Area: 0.15 acres Lot Width: 50’ Setback from the lake: no variance Rear Setback: 19’ Side Yard Setback: 9.7’ These properties differ somewhat from the current application. Both properties have a larger area of the lot located beyond the 75’ setback from the OHWL of I.akc Minnetonka. The property in question has all but 995 s.f. located within 75’ of the Lake. Hardship: The applicants have included their statement of hardship in Hxhibit B. The applicants should also be asked for tlicir testimony regarding this issue. Issues for Consideration: 1 . The original house was constructed in 1910 and remodeled in 1954. prior to adoption of the current zoning ordinance; 2. The lot size is substandard for the zoning district; 3. I he majority of the lot is located within 75’ of the t’*Ii\VL of Lake Minnetonka; 4. It is not possible for a house to meet the 75’ setback from the lake and the 30’ rear setback; 5. There is 100" of Dakota Rail right of way (currently not in use) running along the rear lot line, guided to be a regional trail in the future; 6. I hc lot is separated from the lakeshorc by Cr>stal Ba> Road which is publicly maintained. The 1,044 s.f. of roadw ay is deducted from hardcover and lot area calculations within the 0-75’; 7. lb establish an adequate setback from Crystal Bay Road, a rear setback of 5’ is appropriate for the proposed house dimensions. With a 5’ rear setback, the average #03-2376 Sevie L. Laming 3/13/2003 Page 5 of 7 lakeshore setback and setback from the OHWL would not change from the existing structure; The house could be shortened 5’ to meet a 10 ’ rear setback; 8. The proposal meets the 10 ’ side yard setbacks and is less than the 1,500 s.f. lot coverage by structure permitted for the lot; 9. lliere is a culvert draining under the lot from a wetland to the south and into Lake Minnetonka. The City will not permit a home to be constructed over an existing culvert; 10. Other issues raised by the Planning Commission. Staff Recommendations: Staff recommends approval of the requested variances for new construction on the lot, with the* following conditions: 1 . The rear setback should be reduced from the proposed 10 ’ to 5’ (or the length of the home should be reduced by S’) in order to provide adequate driveway depth from Ciy stal Bay Road, maintaining the existing structure’s setback from the OHWL and encroachment into the average lakeshore setback; 2. A building of no more than 30’ and no more than 2 '/i stories in height will be permitted to be constructed on the lot; 3. The existing culvert must be located prior to discussions with City staff regarding relocation. Prior to obtaining a building permit, a survey showing the proposed relocation of the culvert will be required. A drainage and utility easement of 10 ’ in width will be required over the relocated culvert as well. The costs of these improvements will be the financial responsibility of the property owner; 4. Existing and proposed grading and drainage ways should be shown on plans submitted for a building permit; 5. Erosion control measures must be installed, inspected and approved by the City prior to any work on the site. U0S~2876 Sevia L tanning 3/13/2003 Page 6 of 7 A ANALYSIS WORKSHEET LR-IB Lot Requirements: Dimensions Required Existing Proposed Staff Recommendation Lot Area 21,780 s.f. (0.5 acre) 3,741 s.f (0.09 acres) 3,741 s.f (0.09 acres) No Change Same Lot Width 100’50’50’ No Change Same Front Setback (Lakeside)75’48’43’48’ Rear Setback 30’0’10’10’ or 5’ Side Setbacks East 10’O'10’Same West 10’17’10’ Lot Coverage 1,500 s.f.1,103 s.f 1,200 s.f 1,200 (32%) by Structure (40%) (29.5%)(32%)or 1.050 (28%) Hardcover Calculations: Distance from shoreline Total area in setback Allowed hardcover Existing Hardcover Proposed Hardcover 0-75 ’2,746 s.f Os.f (0%)1,059 s.f 1,081 s.f (38.6%)(39.4%) 75 ’-250 ’995 s.f 248.75 s.f 779 s.f 292 s.f (25%)(78.29%)(29.35%) Average Lakeshore Setback: Existing Encroachment Proposed Encroachment Staff Recommendation ir 16’ir U03-2876 Sevie L Lanning 3/13/2003 Page 7 of 7 I'l n'j i j i *% Application #03 CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee S250.00 (SSO.OO per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) Date Received Q-," /p "0,-? Amount Paid ^ 1 PROPERTY INFO^ATION J ^ ^ /y Site Address 3^^^ Property Identification Number (Pfi.D.) J-^JJy^ ^ - ■ Attach legal description to application if not included on required survey. Date Property Acquire d __________________________ fmonth/vearl I (do) (do not) also own the adjacent parcels of land. Present use of property: t/^sidential ___pother (specify) ___________________________________________:Zoning District: j P ‘ APPLICAN Name 5r Address: 4 Phone (home] Phone (work) S' OWNER (if different than applicant) Name Phone (home). Phone (work)_ Address:City:.Zip:. -------------—^------- Estimated Construction Cost S /i ibe request in detail: J i ^ (attach additional slieets if newssary) ^ DESCRIPTION OF REQUEST Describe request VARIANCES REQUIRED ^ /- Lot Area A Lot Width X Hardcover Lot Coverage Setback:Front Side Rear 2jL. Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual premerty conditions preventing compliance with Zoning Code requirements: (attach additional sheets if necessary) *70 I required submittals All of MiTvtiB, iBfwmmion otm m^niwtn) hv ihe aDDii«ii«n h.»hh„. ........^^iirr fpf YPur WPlicgtioD to be con$idergd complete; -hf g g----- Completed Application Form ^'St of owners within 150’, labels and plat map (you must Gorcttorii^stl^,'' Departmen. of Finance. A-603, Certificate of Survey (signed by a licensed suneyor) and include hardcover ?^^Snton,“ * "■ ‘■“f ""If ‘I'vations) if any changes in existing grade we proposed In atMuion. provide one (1) copy 8«" x II" for reproduction. Sketches or plans of fioor & elevation views (provide one (1) copy gy," x 11") DrL“rtv "Tx“ i" "«=wou d include n™e(s) of applicant(s) if not current owner(s). As an addendu^m to this application, please attach a separate list of any other persons •: Wish notified of this application. persons ' uditional items as may be requested by City staff. The Applicant and Property Owner must sign this application Please rememw tVit.» y-rlmw wplIcnHnn Is bh complete If ili. above l■forn...l.■ ......... APPLICANT'S SIGNATURE ^e applicant hereby agrees to provide all infonnalion required or requested by the Zonina Dat( 1. 2. 3. 4. 5. 6. 7. 8. Applicant’s Signatu OWNER’S SIGNATURE Owner's Signatun Date UfAr. *’" »f J o .1 'J>^ •i ^OA-^1^, ^ . f^\T\K.^Ao iSl .*> 'i'-, 'i j s E\/l£.^ArsiNINic?, SETBACK ZONE: (CIRCLE ONE) QO-7^ EXISTING HARDCOVER IN ZONE HARDCOVEJJjQALCULATlON WORKSUEET 75-250 ’ 250-500* • Cl. . Z'//'03 A. House Length X X X B. Garage C. Driveway X X D. Sidewalk X X E. Patio/Deck X X F. Landscape Underlain By Plastic Or Fabric X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A 1- B PROPOSED HARDCOVER IN ZONE' A. House X Length X X X B. Garage C. Driveway X X D. Sidewalk X X E. Palio/Dcck F. Landscape Underlain By Plastic Or Fabnc X \ X 0. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZON'E A______________* B 500-1000’ Width \ 100 >1 Width a s X 100# O o a S.F. SF. S.F. SF. SF. SF. S.F. \ SF. SF SF. S.F. S.F. S.F. S.F. A S.F. B •/o S.F.- SF. S.F. SF. S F. •• S.F. SF. SF. S.F. SF. SF. SF. S.F. - YiO^-4-1 s f. '--------- --------- C m iCvjA f- /0 9 /. S.F. A :^\o "knJrt • s.f. b • • # Sf.V »£ ^ 'i'* I'M 6i HAR’ ■'OVER CALCULATLQN WORKSHEET SETBACK ZONE: (CmCLEoNE) EXISTING HARDCOVER IN ZONE A House _____________ 0-75* LengUi X X X B. Oarage C. Driveway X X D. Sidewalk X X E. Patio/Deck X X F. Landscape Underlain By Plastic Or Fabric X X X 0. Other TOTAL RARDCOVER IN ZOKT TOTAL PROPERTY AREA IN ZONE A ______________ - B PROPOSED HARDCOVER IN ZONE A House ______________ N Length X X X B. Oarage C. Driveway X X D. Sidewalk X X E. Patio/Deck X X F. Landscape Underlain By Plastic Or Fabric X X 0. Other TOTAL HARDCON'ER IN ZONE TOTAL PROPERTY AREA IN ZONE A _ _ _ _ __ - B n f 75-250'250-500' I— O V 1 ra HXrLA, Bf/.., 500-1000'..CH% WidtJi X ICO 2-?2 \Vii;h SS s 9?r X 100 2<i. ;\y .. . / ' ‘ \ KT S-sa • y i ; J •-----'A -? •fD / S.F. SF. S.F. SF. S.F. SF. SF. S.F. S.F. S.F. • SF. S.F. S.F. SF. A SF. B % SF.-h>3C/5/: SF. S.F. S.F. SF. SF. SF. SF. SF. SF » i SF. SF. SF. SF. S.F. A SF. B % Bonestroo Rosen<* Anderljk& |\|| Associates Engineers & Architects March 4, 2003 Jennifer Chaput Planner City of Orono Post Oflice Box 66 Crystal Bay, MN SS323 Re: 3329 Crystal Bay Road File No. 139-03-000 Plat No. 03-2876 P■onesfroo. Koiene. ArKfcrlili and AsfociAtes. Inc. Is an Affirmatlvt Actlon/Cqual Opportunity Cmployor and Employee Owned Arincipalt. Olio G Booesiroo. PE • Mmvio I Sorv^i.i, PE • Gierwi P Cook PE • Poberi G Schun.chl, PE • Jerry A Bourdon. PE • Mark A Hanton. PE Senior Consultants; Roberi W Rosene. PE • Joseph C AnJerliit. PE • Richard E Turner. PE • Susan M fberlin. CPA Associate Principals: Keith A Gordon. I E • Robert R Pfelferle. PE • Richard W Foster. PE • David O losbota. PE • Michael T R.iufmann. PE • Ted K Field PE • Kenneth P Anderson PE • Marli R Rolfs PE • Oav-d Bonestroo. MB A • Sidney P Wilfi.imson. PE. L S • Agrses M Ring. MBA* AIf.sn Rick Schmidt PE • Thomas W Peterson. P£ • James R Mai.ind PE • Miles 6 Jensen. PE • I Phiftip Gravel III, PE • Darnel J Edgerton. PE • Ismael Martinet. PE • Thomas A Syfko. PE. • Sheldon J Johnson • Dale A Grove PE • Thomas A Roushar. PE. • Robert J Oevery. P£. Offices: St Paul. St Cloud. Rochester and Wilimar. MN • Milv^aukec. Wl • Chicago. IL M^bsite: wwwborsestroo com Dear Jennifer: ^ We have reviewed the certificate of survey showing the proposed new home construction on the property located at 3329 Crystal Bay Road. An existing home will be removed prior to the new home construction. Wc have the following comments with regards to engineering matters: The plans should include contours showing existing and proposed grading and drainage ways. Plans should identify existing storm sewer (if any) on the proposed property. The City should request drainage and utility easements 10-fcet wide over all existing utilities and 5- feet wide along the south, east and west lot lines • Most of the proposed construction is within 75-feet of the lake. It is critical that erosion control be installed, inspected and approved by the City prior to any work on the site. if you have any questions please call me at (651) 604-4863. Yours very truly, BONESTROO, ROSENE, ANOEBIIK & ASSOCLATES, INC. Cc: Greg Gappa, City of Orono 2335 West Highway 36* St. Paul, MN 55113 • 651*636*4600 • Fax: 651*636*1311 K) .o ro ^ O < T- ^ 1 m 1 o lO04OO ir‘ Citt awr ■ v.^ ••) { ; V'V'* /*' » *'jy rci;.' *. •• «u \ V.\ \ \ ^ Prt p. ^ e 11 I • -A \ ^VA Settle* l/4*«l'-0*7 i? ,.' ;V.j 4 ■y ' ; ^*g i'Jn «■ I •»$»#^ O j Ik \ ••• > . 'Ox. " '\ ■) r-.'A)• • > V • .-•-fs 3^ X i K •\ \ 1 pr W' JJ (O' » ••/ p 7 ? ^ i 1^' ‘=5-.. (/ • -• 3 I • I • r-4'-^ t. I V- i;e • * • V -y (.j 3--I----1 J la r*~Ta ««i.‘ ..j 'ms I'AAP VACAftON lM£ CREATION Of '’C 2i4 AND lE. iV(io ^iriii| p( ^ii|»j* s i ' \il » ' * ■’ ? I •^ • * •t ^ ( 'if *1*' s ;»• I * ’* • ! *t •'!,% t '"m • ' Tv/'-V Hf hnepin County Taxpayer Services Department *■ i. - ti I j, r v* ' * N . j rj a ** • S^^Parcet Information Parc«l ID 1711723410019 Houm Number 3329 Street Name CRYSTAL BAY RD This Is nol a lagaHy ncorded map. It mprasants a compilation of infomnahon and data from Cdy, County, and Stata road authorities and other sources. IRUN DATE :2/H/2aU HENNEPIN CX)UNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 3t 1711723340052 PROP ADDR 3« ADDRESS PENDING OWNER NAME HENNEPIN CO REGK)NAL RR AUTH TAXPAYER HENNEPIN CO REGIONAL RR AUTH NAME/ADDR 4l75THSTNi320 MINNEAPOLIS MN 55401 38 1711723410007 PROP ADDR 38 ADDRESS UNASoIGNEO OWNER NAME CLAIR T ROOD TAXPAYER CLAIR T ROOD NAME/ADDR 3280 NAVARRE LA WAYZATAMN 55391 PROP ADDR 38 1711723410017 3315 CRYSTAL BAY RD OWNER NAME MARGARET E COMER TAXPAYER MARGARET E COMER NAME/ADDR 3315 CRYSTAL DAY RO WAYZATAMN 55391 38 1711723410018 PROP ADDR 3325 CRYSTALBAY RD OWNERNAME DMSTANTONRBLSTANTON TAXPAYER DENNIS M A BECKY L STANTON NAME/ADDR 3325 CRYSTAL BAY RD WAYZATAMN 55391 38 1711723410019 PROP ADDR 3329 CRYSTAL DAY RD OWNERNAME SEVIELLANNING TAXPAYER SEVIE L LANNING NAME/ADDR 3329 CRYSTAL BAY RD WAYZATAMN 55391 38 1711723410021 PROP ADDR 3339 CRYSTAL BAY RD OWNERNAME JDRTJHOFER TAXPAYER JONATHAN it THERESA HOFER NAME/ADDR 3339 CRYSTAL BAY RD WAYZATAMN 55391 38 1711723410022 PROP ADDR 3345 CRYSTAL DAY RD OWNERNAME BCALABAKKE TAXPAYER BRADLEY C DAKKE NAME/ADDR 7101 LANHAM LA EDINA MN 55439 38 1711723410034 PROP ADDR 3335 CRYSTAL BAY RD OWNERNAME PAULJREHMAN TAXPAYER PAUL i REHMAN NAME/ADDR 3335 CRYSTAL DAY RD WAYZATAMN 55391 38 1711723440104 PROP ADDR 3240 NAVARRE LA OWNERNAME CLAIRTROOD TAXPAYER CLAIR T ROOD NAME/ADDR 3280 NAVARRE Lj\ WAYZATAMN 55391 38 1711723430146 PROP ADDR 38 ADDRESS UNASSK jNED OWNERNAME HENNEPIN CO REGIONAL RR AUTH TAXPAYER HENNEPIN CO REGIONAL RR AUTH NAME/ADDR 417 5TH ST N 8320 MINNEAPOLIS MN 55401 S.. I I CERTIFY THATTHE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OFTHE HENNEPIN COUNTY TAXPAYER SERVICES DEPARTMENT, TO THE Bl OF MY KNOWLEDGE AND BEUEF. _ . _ • 'I DATE BY L 'i Peflt Mo- Simn. _ _J2a4«5i 8/70 3/L2l L'/^d PERHIT RECORD Date S~30-^g S-IV -7 31 // <T Type of Permit JjM^44€tn<uUL /-JtM4aLi^ i.&'-Ji t(..k 'tf i t / ij.lO <! WM m 'W vC»-. <>' >\ ‘.,i^ M. ^ ^1 us : » iVfe ’ z P5^ ;v'''.';"‘ ;<*' j ►» y?' ^ - « Mir k t .< rv* w m. I'E r'"ni v‘5>'. > a C}. II 4 ?■' I a?S riV''-. ... ^•'» t <-n. ' •''* ^ ~* • 4^ •■> •. 4 ^ -I ^ » • ►-i'V •:.f J AV^s\t)(S' f^rovvf , f V » ^ • ^'. • '. r.ij ‘ ..;•;» ''V►>- 11 ^ yjt il p^2^?pe(^TY u/we Ccwjzem>{ o'‘serBea^ r|‘ ! y r •"l"4' it' 'u:*x,■ N... ' f;. ; f ^ 0 f ' 4* *v. : r iu^1' It f -‘^- --'rt y^r- ' ' ^ 7^Pi ‘ --*;’£”•••- ■ it k.t'I. • . * I H:C»(V\6 M" z?' sertfcif- PltoREHT !€’ P^Hf IWfW) A ilk'* APR 2 8 2003 CITY OF OHO.\'0ApplicatioD Date: 3/17/03 60 Day Deadline: 5/15/03 REQUEST FOR COUNCIL ACTION Department Approval: DATE: 4/22/03 Name Wendy Bottenberg ITEM NO.: ^7 Title Planner Agenda Section: Zoning Item Description: #03-2880 Fred Johnson 1926 Fagemess Point road After the Fact Variances Zoning District: Lot Area: LR-IC One Family Lakeshore Residential District (.5 acre) 8,018 s.f. (.18 acres) List of Exhibits: A Staff Report and Exhibits of4/21 /2003 B Draft minutes of 4/21/03 Planning Commission meeting Application Summary: The applicant is requesting four after-the-fact variances for a second story deck attached to a newly constructed single family residence. They are as follows: • To allow a second story deck that is located 27.5 ’ from the OHWL of Lake Minnetonka where no structure is allowed. • To allow a second story deck to encroach approximately 5 ’ into the average lakeshore setback. • To allow a second story deck that is an additional 120 s.f. lot coverage by structures for a total 1,620 s.f. where 1,5(X) s.f. was previously approved. • To allow an additional 36 s.f. of hardcover in the 0-75 ’ setback zone where 2,079 s.f. was previously approved for a total of 2,115 s.f. Pertinent Code Sections: 1. Section 10.22, Subd. 1(B) and Section 10.56, Subd. 16 (C): Structure within 75 ’ of lakeshore: To permit a second story deck to be located 27.5 ’ from the OHWL of Lake Minnetonka where 75 ’ is required. Section 10.22, Subd, 1 (B) and Section 10.56, Subd. 16(C)(6): To permit encroachment into the average lakeshore setback. The total encroachment is approximately 5 ’. Section 10.03, Subd. 14(C): Lot coverage: Regardless of lot area, every developed lot shall be alIo\ *d at least 1,500 square feet of lot coverage by principal residence and garage structui- -. To permit a variance to allow lot coverage to be 1,650 s.f. where 1,500 s.f. was previous;)’ approved. 4. Section 10.22, Subd. 2 and Section 10.56, Subd. 16(L)(1): Hardcover in 75-250 ’ setback: To permit 2,115 s.f. (26.4%) of hardcover in the 75-250 ’ setback zone where 2,079 s.f. (26%) was previously approved. 2. 3. Discussion: The subject properly was purchased by the applicant in 2000. The plan was to demolish the existing residence and construct a new residence on the property. Due :o the size of the lot and all of it being located within 75’ of the OHWL of Lake Minnetonka variances were required to redevelop the subject property. The applicant submitted a variance application September, 2000. After discussions with staff and some redesigning the application was heard at the November 20, 2000 Planning Commission meeting. The Planning Commission recommended approval of the proposed project with hardcover in the 0-75’ setback zone to be 2,079 s.f. (26%) and lot coverage by structure not to exceed 1500 s.f. both of which all lie within 75’ of OHWL of Lake Minnetonka. The recommendation was based on the property was currently developed as a single family residence with 2,328 s.f. of existing hardcover and over 1,500 s.f. of structure. The hardcover and structure on the lot would decrease with redevelopment of the property. The application moved forward to the City Council and was approved at their December 11, 2000 meeting. The council approved the application and resolution which stated 3 original ’ copies of a revised survey showing the building nirms and all proposed hardcover be submitted. Also, the site plan/survey shall be in substantial conformance with the plan attached to the resolution. The surveys and building plans were submitted for review by the building department. The survey had been revised and was in substantial conformance with the hardcover and structure approvals granted by the City Council. However, the building plans submitted showed a different ground level deck, a screen porch, and a second level deck. The building official made notations on the plans regarding the decks. The ground level deck was permitted but not the screen porch, not the second story deck, and not the extra portion of the ground level deck. A building permit was issued on May 18, 2001. The building official made notations on the plans regarding the screen porch and second story deck (Exhibit F). Many inspections took place during construction of the residence. The building inspector at the time, Marc Davis, never noted that the decks which were constructed and the decks on the approved plan were not the same. The final inspection by the building inspector was March 8, 200?.. A certificate of occupancy was issued on March 8, 2002. Shortly after the certificate of occupancy was issued Lyle Oman. Building Official, noticed the decks. Vhe approved plans were reviewed and the builder was contacted by the building official. The contact was initially by phone and then later bv letters on February 24 2003 and March 5,2003. ' ’ On March 17, 2003, the applicant made application for after-the-fact variances for the decks With the application, the applicant submitted a copy of the plans that he used that he feels indicated he was able to construct the decks. -1 4 ^ PLANNING COMMISSION: Planning Commission reviewed the requested variances and site issues at a public hearing held on Monday, April 21,2003. Planning Commission recommended by a 7 to 0 vote to: Approve 36 s.f. of additional hardcover in the 0-75’ setback zone for lower deck. Deny additional structure in 0-75’ setback zone for the second story dec!:. Deny encroachment into the average lakeshore setback for the second story deck. Deny additional lot coverage by structures increasing to 1,650 s.f. for the second story deck. STAFF RECOMMENDATION: 1. In the opinion of staff, the approved, stamped plan set contains substantial notations and markings to indicate the upper level deck was not approved. The approved plan set is supposed to be us^d for construction. 2. The plans used by the applicant to gain variance approval clearly did NOT show a second story deck (See Exhibit D of Planning Commission report - 4/21/03 - excerpted from 11/13/00 staff report). 3. The fact that the proposed deck was merely a ground level deck and therefore not contributing to lot coverage was discussed at the Planning Commission meeting of 11/20/00 (See Exhibit F of Planning Commission report - 4/21/03, page 2). Based on the above staff recommends remr-val of the second story deck and requiring the applicant to take steps to make the upper level door safe by adding a railing or permanently blocking it. Because there are two lower level doors exiting the house, staff recommends retaining the lower level deck with railings as-is, and grant a variance for the additional 36 s.f. hardcover, yielding 2,118 s.f. or 26.4% where 2,328 s.f. or 29.0% had existed and 2,082 s.f. or 26.0% had been approved. COUNCIL ACTION REQUESTED: Direct staff to draft a resolution reflecting the Council ’s action for adoption at the April 14, 2003 City Council meeting. This after the fact variance application was submitted by the builder, Fred Johnson. The builder was not able to attend the April, 2003 Planning Commission meeting and has indicated to staff he will not be attending the April 28, 2003 City Council meeting. The new owners of the property, Randy and Michelle Chwialkowski, and the architect, Todd Knutson, were present at the Planning Commission meeting and will continue seeing this variance application through the process. J A i ("oiv\.aCi!i^:>ion K<.rvc>^k ^ NEW BUSINESS {H4) #03-2880 FRED JOHNSON, 1926 FAGERNESS POINT ROAD, AFTER-THE- FACT VARIANCES 6:19-6:46 P.M. Randy and Michelle Chwialkowski, the new owners, and Todd Knutson, the original designer, were present. Mr. Johnson, the applicant, was not present. Bottenberg reported that the applicant was requesting four afler-the-fact variances for a second story deck attached to a newly constructed single family residence. They are as follows: To allow a second story deck that is located 27.5 ’ from the OHWL of Lake Minnetonka where no structure is allowed. To allow a second story deck to encroach appro.ximately 5 ’ into the average lakeshore setback. To allow a second story deck that is an additional 120 s.f lot coverage by structures for a total 1,620 s.f. where 1,500 s.f. was previously approved. To allow an additional 36 s.f. of hardcover in the 0-75 ’ setback zone where 2,079 s.f was previously approved for a total of 2,115 s.f The subject property was purchased by the applicant in 2000. The plan was to demolish the existing residence and construct a new residence on the property. Due to the size of the lot and all of it being located within 75 ’ of the OHWL of Lake Minnetonka variances were required to redevelop the subject property. City Council liaison Jim WTiite arrived at 6:20 P.M. Bottenberg explained that the applicant submitted a variance application September, 2000. After discussions with staff and some redesigning the application was heard at the November 20,2000 Planning Commission meeting. The Planning Commission recommended approval of the proposed project w ith hardcover in the 0-75 ’ setback zone to be 2,079 s.f (26%) and lot coverage by structure not to exceed 1500 s.f both of which all lie within 75 ’ of OHW L of Lake Minnetonka. The recommendation was based on the property was currently developed as a single family residence with 2,328 s.f of existing hardcover and over 1.500 s.f of stnicture. The hardcover and structure on the lot would decrease with redevelopment of the property. The application moved forward to the City Council and was approved at their December 11,2000 meeting. Bottenberg noted that the council approved the application and resolution which stated 3 original copies of a revised survey showing the building plans and all proposed hardcover be submitted. Also, the site plan'surv'cy shall be in substantial ccnformance with the plan attached to the resolution. The surveys and building plans were submitted for review by the building department. The survey had been revised and was in substantial conformance with the hardcover and littcu 1■i t 4 structure approvals granted by the City Council. However, the building plans submitted showed a different ground level deck, a screen porch, and a second level deck. The building o/ficial made notations o;, the plans regarding the decks. The ground level deck was permitted but not the screen porch, not the second story deck, and not the extra portion of the ground level deck. A building permit was issued on May 18, 2001. The building ofHcial made notations on the plans regarding the screen porch and second story deck. Bottenberg pointed out that many inspections took place during construction of the residence. The building inspector at the time, Marc Davis, never noted that the decks which were constructed and the decks on the approved plan were not the same. The final inspection by the building inspector was March 8,2002. A certificate of occupancy was issued on March 8,2002. Bottenberg continued that, shortly after the certificate of occupancy was issued, Lyle Oman, Building Official, noticed the decks. The approved plans were reviewed and the builder was contacted by the building official. The contact was initially by phone and then later by letters on February 24, 2003 and March 5,2003. On March 17,2003, the applicant made application for after-the-fact variances for the decks. With the application, the applicant submitted a copy of the plans that he used that he feels indicated he was able to construct the decks. Bottenberg indicated that, in the opinion of staff, the approved, stamped plan set contains substantial notations and markings to indicate the upper level deck was not approved. The approved plan set is supposed to be used for construction. Furthermore, the plans used by the applicant to gain variance approval clearly did NOT show a second story deck Based on the above, stafT recommends removal of the second story deck and requiring the applicant to take steps to make the upper level door safe by adding a railing or permaiiently blocking it. Bottenberg noted that because there are two lower level doors exiting the house, staff recommends retaining the lower level deck with railings as- is, and grant a variance for the additional 36 s.f. hardcover, yielding 2,118 s.f or 26.4% where 2,328 s.f. or 29.0% had existed and 2,082 s.f. or 26.0% had been approved. Mr. Knutson indicateo that, after submitting his drawings and plans, he was unaware of any additional changes made after the initial appro\als. He knew only that decks were involved as part of the proposal from beginning to end. Mrs. Chwialkowski pointed out that she and her husband had only recently purchased the property and were confused how the certificate of occupancy could have been granted if these outstanding issues existed. She maintained that numerous inspections had occurred during th'* course of construction and questioned how this wasn ’t caught until after the certificate of occupancy had been granted and they had purchased the home. She stated that they were shocked by the City s letter, since the decks were in e.xistence when they purchased the home. Mrs. Chwialkowski argued that the City should take issue with the builder and past oATier, Mr. Johnson. She indicated that Mr. Johnson had said nothing to them about these discussions with the City when they purchased the home in December and closed on it in March 2003. She questioned hov^ the upper and lower decks impacted hardcover since they are located over and under one another. Chair Smith indicated that the current owners have found themselves in an unfortunate set of circumstances. Mr. Ch\ . iaikowski maintained that removal of the deck would be an undue hardship put upon them, since the deck was one of the reasons they bought the home in the first place. There were no public comments. Rahn stated that not having the original applicant, Mr. Johnson, on hand posed a tough scenario. He pointed out that, in his opinion, the more important issue was the structural coverage problem versus the hardcover matter. Chair Smith pointed out that the current owners could remove the deck and add an attractive railing to the upper floor balcony. Rahn stated *hat, clearly, the minutes from past meetings with Mr. Johnson refer to a ground floor deck only. Mrs. Chwialkowski stated that the deck was critical to them when purchasing the home. Since the home itself was quite small, the deck added to the homes useable living space. She referred again to the missed opportunities by the City to correct this error during numerous inspections and prior to issuing the certificate of occupancy. As Building Inspector Lyle Oman was present, he was asked to comment. Oman indicated that, when the deck came to the City’s attention, the home was still for sale and he made numerous efforts to contact the applicant. He indicated that he had been caught off guard, and that a past, ineffective, inspector had not raised this issue earlier. Mrs. Chwialkowski indicated that she was angry that they were suffering the consequences of this incompetent City official. She questioned whether it was their fault that the City had an incompetent inspector that did not catch this issue prior to occupancy or sale. Hawn encouraged the new owners to pursue Mr. Johnson. She felt they had more than adequate recourse to go after Mr. Johnson based on an inaccurate disclosure. Sh.* agreed that there was some error put upon them by the City, and that perhaps, the City Council might rethink this and allow them some leniency. However, as a Planning Commission, she indicated th?t they had approved one thing and were presented w ith something else. She urged the current owners to plead their case to the City Council, but stated that she must insist the application be returned to what was originally approved. pair Smith indicated that the original applicant, clearly, knew what he had done and that he was in error. She believed the new owners would be justified in pursuing some recourse. Mabusth stated that any prospective buyer can go to the City to look at a homes address file and learn about a given property prior to purchasing it. Bremer voiced her concern regarding the application as it affected the new owners. She indicated that she was tom by the timing of the process and agreed with the new owners hat you d like to be ^e to rely on the certificate of occupancy as proof She hoped that •aie City Council might offer them some relief. Mabusth indicated that the letters clearly indicated the dates of contact, the last of which being March 5,2003. Mrs. Chwialkowski stated that they had clored on March 8,2003 and had taken possession of the home by March 5,2003. Althou^ the plans were clear, Bremer asked what the Commission had done in the past in sumlar scenarios. * ' Gaffron agreeu (hat, wiiile the plan sheets were clear, the City Council had ruled both ways on these types of issues in the past. Rahn indicated that the legal recourse for the new owner is clearly a civil action. He felt 2nd height issue as well. It was well known what was approved and he went ahead any way and built both the upper deck and larger than allowed Hawn moved, Rahn seconded, to deny Application #03-2880, Randv and Michelle Chwialkowski. current owners of 1926 Fagernes. .'oint Road, denying with some sympathy the After-thc-Fact variances, requiring removal of the second storv deck, and the addition of a railing to make the upper level door safe. Furthermore’ recommending the lower level deck With railings be allowed as-is, and granting a variance for the additional 36 s.f. hardcover, yielding 2,188 s.f. or 26.4% where VOT e'a A's ?! Navs o""**'** approved originally. Hawn suggested that staff continue to monitor Mr. Johnson’s building activity in the Mrs. Chwialkowski indicated that Mr. Johnson continues to build in the area. area. 1 TO:Chair Smith and Orono Planning Commission Membe';* Ron Moorse, City Administrator FROM: Wendy Bottenberg, City Planner DATE: SUBJECT: April 14,2003 /#03-2880 Fred Johnson 1926 Fagemess Point Road After-the-Fact Variances - Public Hearing LR-IC One Family Lakeshore Residential District (.5 acre) 8,018 s.f. (.18 acre) Zoning District: Lot Area: Exhibits: A Application B Memo from Building Official C Memo from architect C-1 Page of plans builder used to construct decks D Plans used for variance approval E Resolution #4579 F Minutes PC and CC meetings G Plans Submitted for Building Permit includir.g building inspector plan review markings H Survey Submitted for Building Permit I Certificate of Occupancy J Letters from Building Official to applicant K Staff Reports -12/6/00,11/13/00 including building plans submitted for variance application L Photo of Property M Plat Map N Property Owner’s List O Neighbor ’s letter Application Summan*: The applicant is requesting four after-the-fact variances for a second stor>' deck attached to a newly constructed single family residence. They arc as follows: • To allow a second story deck that is located 27.5’ from the OHWL of Lake Minnetonka where no structure is allowed. • To allow a second stor>' deck to encroach approximately 5’ into the average lakeshore setback. • To allow a second story deck that is an additional 120 s.f. lot coverage by structures for a total 1,620 s.f. where 1,500 s.f. was previously approved. • To allow an addition J 36 s.f. of hardcover in the 0-75’ setback zone where 2,079 s.f. was previously approved for a total of 2,115 s.f. ^03-2880 Fred Johnson 1926 Fagemess Point Road 4'14/2003 Page 1 of 4 Pertinent Code Sections: 1.Section 10.22, Subd. 1(B) and Section 10.56, Subd. 16 (C): Structure within 75’ of lakeshore: To permit a second story deck to be located 27.5’ from the OHVVL of Lake Mirmetonka where 75’ is required. 2.Section 10.22, Subd. 1 (B) and Section 10.56, Subd. 16(C)(6): To permit encroachment into the average lakeshore setback. The total encroachment is approximately 5 ’. 3.Section 10.03, Subd. l‘*(C): Lot coverage: Regardless of lot area, every developed lot shall be allowed at least 1,500 square feet of lot coverage by principal residence and garage structures. To permit a variance to allow lot coverage to be 1,650 s.f. where 1,500 s.f. was previously approved. 4.Section 10.22, Subd. 2 and Section 10.56, Subd. 16(L)(1): Hardcover in 75-250 ’ setback: To permit 2,115 s.f. (26.4%) of hardcover in the 75-250 ’ setback zone where 2,079 s.f. (26"/o) was previously approved. Discussion: The subject property was purchased by the applicant in 2000. The plan was to demolish the existing residence and cor^nuct a new residence on the property. Due to the size of the lot and all of it being located within 75* of the OHWL of Lake Minnetonka variances were required to redevelop the subject property. The applicant submitted a variance application September, 2000. After discussions with staff and some rer’.esigning the application was hea.rd at the November 20, 2000 Planning Commission meeting. The Planning Commission recommended approval of the proposed project with hardcover in the 0-75 setback zone to be 2,079 s.f. (26%) and lot coverage by structure not to exceed 1500 s.f. both of which all lie within 75’ of OHWL of Lake Minnetonka. The recon.recnudtion was based on the property was currently developed as a single family residence with 2,328 s.f. of existing hardcover and over 1,500 s.f. of structure. The hardcover and structure Oil tilt lot would decrease w ith redevelopment of the property. The r.p;,!ica ion moved forward to the City Council and was approved at their December 11 20'/0 meeting. The council approved the application and resolution which stated 3 original ’ copic- a rev iseo survey showing the budding plans and all proposed hardcover be submitted Also, the site plan'surv’cy shall be in substantial conformance with the plan attached to the resolution. The surv eys and building plans were submitted for review by the building depamnent. The survev nad been rev.sed and was in substantial conformance with the hardcover and structure approvals granted by the City Council. However, the building plans submitted showed a different ground level deck, a screen porch, and a second level deck. The oiiilding official made W3-2880 Fred Johnson 1926 Fagemess Point Road 4/14/2003 Page 2 of4 i i (C): Structure within 75’ of >7.5’ from the OHWL of Lake >): To permit encroachment into ipproximately 5’. t area, every' developed lot shall principal residence and garage ! 1,650 s.f. where 1,500 s.f. was Hardcover in 75-250 ’ setback; setback zone where 2,079 s.f. plan was to demolish the Due to the size of the lot and a variances were required to After discussions with .staff 20, 2000 Planning Commission e proposed project w'ith coverage by structure not to e Minnetonka. The ed as a single family residence e. The hardcover and structure ved at their December 11 , n which stated 3 original osed hardcover be submitted, the plan attached to the •uilding department. The the hardcover and structure as submitted showed a k. The building official made notations on the plans regarding the decks. The ground level deck was permitted but not the screen porch, not the second story deck, and not the extra portion of the ground level deck. A building permit was issued on May 18,2001. The building official made notations on the plans regarding the screen porch and second story deck. (Exhibit F). Many inspections took place during construction of the residence. The building inspector at the time, Marc Davis, never noted that the decks which were constructed and the decks on the approved plan were not the same. The final inspection by the building inspector was March 8, 2002. A certificate of occupanev vvas issued on March 8,2002. Shortly after the certificate of occupancy was issued Lyle Oman, Building Official, noticed the decks. The approved plans were reviewed and the builder was contacted by the building official. The contact was initially by phone and then later by letters on February 24,2003 and March 5, 2003. On March 17,2003, the applicant made application for after-the-fact variances for the decks. With the application, the applicant submitted a copy of the plans that he used that he feels indicated he was able to construct the decks. (Exhibit C-1). Statement of Hardship: T he applicant has included their statement of hardship in Exhibit B. The applicant should also be asked for their testimony regarding this issue. Issues for Consideration: 1 . The building plans submitted to obtain a building permit indicate a lakeside screen porch, second story deck, and additional lower ground level deck. The building official did make notations on the plans indicating the screen porch and upper deck were not allowed. 2. The lakeside decks on the plans submitted to the building department are different than indicated on the survey submitted. The deck on the original Planning Conmission .ubmittal was about 1 r X 16 ’ with angled comers, or about 160 s.f The deck shown on the survey submitted for building permit was 10 ’ X 15 ’ with angled comers of about 125 s.f The plan submitted for building permit show a deck 10 ’ X 12*9'’ with an additional 4 ‘ X 8’ 6” adjacei.i portion and 2 steps, for a total of 170 s.f 3. The inspection slips and Certificate of Occupancy do not note any discrepancy w ith the lakeside decks and the approved plans. 4. The discrepancy of the decks was not discovered until after the Certificate of Occupancy was issued. >^03-2880 Fred Johnson 1926 Fagemess Point Road 4/14/2003 Page 3 of 4 5. Because the building plans show doors which open to the outside on the second level, should these doors be permanently barred and the upper decks removed? 6. Should the lower level decks remain but be reduced in size to better adhere to the hardcover previously approved? The lower decks with railing do not contribute to the 1,500 s.f. of lot coverage by structures. 7. The property is very undersized for the standards of the LR-IC zoning district. 8. Other issues raised by the Planning Conunission. Staff Recommendation: 1. In the opinion of staff, the approved, stamped plan set contains substantial notations and markings to indicate the upper level deck was not approved. The approved plan set is supposed to be used for construction. 2. The plans used by the applicant to gain variance approval clearly did NOT show a second story deck (See Exhibit D of repou - excerpted from 11/13/00 staff report). 3. The fact that the proposed deck was merely a ground level deck and therefore not contributing to lot coverage was discussed at the Planning Commission meeting of 11/20./00 (See Exhibit F, page 2). Based on the above, staff recommends removal of the second story deck and requiring the applicant to take steps to make the upper level door safe by adding a railing or permanently blocking it. Because there are two lower level doors exiting the house, staff recommends retaining the lower level deck with railings as-is, and grant a variance for the additional 36 s.f hardcover, yielding 2,118 s.f or 26.4% where 2,328 s.f or 29.0% had existed and 2,082 s.f or 26.0% had been approved. #03-2880 Fred Johnson 1926 Fagemess Point Road 4/14/2003 Page 4 of 4 t 4 A CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $250.00 ($50.00 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 # ^ 3 - Date Received 3- Amount Paid "^fViri.nn p/J. PROPERTY INFORMATION Site Address . QocXcL imb*'(P.I.D.'Property Identification Number (P.I.D.) 11*1QO (6? Attach legal description to application if not included on required survey. Date Property Acquired______________________________________ r (do) (do not) also own the adjacent parcels of land. Present use of property; >< residential ___pother (specify). Zoning District: ___________________________ .(month/year) APPLICANT ^ Name F'lT-cct vToU.rx'aoo Phone (home) __________________________________ Phone (won:)//) /it- 7o (' 5!‘4H- Address: ^AoreOr. City: O r\0 Zip: fyQ afe <4 OWNER (if different than applicant) . Phone (home). Name tvLuk / K TO W (l r. CKvA^rfi. 1 (■’rw-O&lu. Phone (work)_ AddresTTlQ 5X..^ jaPI-. Q,d. City: OrorvO____Zip: DESCRIPTION OF REQUEST Estimated Construction Cost $. Describe request in detail: ~ ____________ (attach additional sheets if necessar>') VARIANCES REQUIRED Lot Area Lot Width Hardcover Lot Coverage Setback:Front Side Rear Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with,Zonmg Code requirements: -It uv>v;it^B€ A -fonpnance witn /conmg coae requiremei ______________ n>ee^oA^ P/q/oS (attach additional sheets if necessary) r required submittals n'MPP|.c.,i„n I £’\________1.* • A ••1. 2. 3. 4. 5. 6. 7. 8. ('ompletcd Application Foim obtain ftisJi4j*el^”1^0 ftom^ *"'* Govt Cenlfl?m59I0) ^ Department of Finance. A.603, SeuMons°L*r'^uL^”*^^^ ^diifon“'mo?dm reproduction. (’) 'W x 31" for Uafonh:?'? “'"T ^ “ vi-Trovt one' (Oc^rT.",. property. Tto w'Zd“nc”‘d“''‘.!!!yoS "'■* "> >"'«'« in the yolwishtoUMo^^ of »yS?persons Additional items as may be requested by City staff. APPLICANT'S SIGNATURE IS'miSr; .'^ee';V?i;“dlrart^^^^^ « zoning consuitant expenses incurred in review of this annlicst* a ^ Ortginal fee payment) and/or supplied is tnte and correct A bJTo ““ ‘"f«""«ion Applicant’s Signature OUTVER'S SIGNATURE ^ entry onto the property^by*^c1ty s"aV^o”uhants^ authorizes reasonable members for puqtoscs of invcstigalion’and verincat'ion oVthifr^lsr" otvncfs signatu?e-;^/.>y;-v-^..... _zkiU^ / -------- -^ ■ M I I ------------ Applicant must have ail submittals into the Citv offir^^ a.,, u r ^ Meeting. Planning Commission Meetings L heW Planning Commission Applicants must be present at all scheduled r^ieu 1.H of each month. Council. If an applicant is unable to attend a schediiifH ?*^***® Planning Commission and have an authorized agent attend in your olace and tn d * plcase make arrangements to chango prior to the meeting. ^ "" & Zoning Office of this ^ 7 ' * ' r< n t ^ i - ? Cl i t » .7 J 'i ''ia.vi'' r Date; 4-10-03 Memo to; Wendy B^enberg From; Lyle Oman Re; 1926 Fagemess Point Road This memo is to document activity at the above referenced property. The inspections were conducted by Marc Davis a former employee. A final inspection was completed and a certificate of occupancy was issued on 3-8-02. Unfortunately he failed to compare the approved plans with what was constructed and missed the fact that only a grade level deck with out a guard rail was approved and that the builder had added a deck illegally. 1 passed the property at a later date and noticed the violation. I called Fred Johnson to discuss the problem and we spoke on 6-28-02 and on 7-1- 02. He indicated he would apply for a variance and after a period of inactivity 1 wrote a letter to force the issue. The first letter was on 2-24-03 to the property on Fagemess point road and was returned as unable to forward and the deadline of 3-19-03 was not met. A second letter was sent on 3-5-03. The approved building plan were clearly marked on each page to show the deck was not allowed. .ta iBi I. ■■r raiiTT !■ UJ ^r U 11*WI > < ' Rpr*15 03 OZtZSp Todd Knutson 612-332-7504 P.2 TODD KNUTSON 530 NORTH 3~ ST. SUTTE 530 l/PLS. MN. 55401 612-3324000 f. 612-332-7S04 M. 612-2SM041 Response to the City of Orono Planning Conunission memo. Per my discussion with Wendy Botenberg, I am drafting a letter addressing the variance for the deck at 1926 Fagemess Point Road. After reviewing my noted and drawings dated from 5-7-01 to 9-11 -01.1 have determined that a deck has always been included in plan, section and elevation. The only request forwarded to me was to remove the main level screening creating a open deck design with railings. To the best of my knowledge, from photos and site observation, the builder has constructed the deck’s according to approved plans, elevations, and sections. Any further questions or documentation will be provided. Thank you, Todd Knuts ^ mmm • •• 1 n 1 1 i li 'j* ♦ ^e w>o\^^ ^c**.*- ’V,v!.«f* 5<a-i;!;‘'*» <4.A^ *V»IW VCtlW * «• • » • •• #• *D«c MuftS • . •• A « M ^mm 1 1 _ - . . ^A*/*^«* CAwi^cn. • 1 ^«« . «^|«* .«• -ws •• . . .. GITYofORONO RESOLUTION OF THE CITY COUNCIL NO. ^ 5 9 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 AND 2, SECTION 10.55, SUBDIVISION 8, AND SECTION 10.56, SUBDIVISION 16 (L) (1) FILE NO. #2623 WHEREAS, Fred A. Johnson (hereinafter "the applicant") is owner of the property located at 1926 Fagemess Point Road within the City of Orono (hereinafter "the City") and legally described as follows: Attached hereto as Exhibit A (hereinafter "the property"); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on November 20, 2000, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicant has revised a variance application to the City for variances to Municipal Zoning Code Section 10.22, Subdivision 1 and Section 10.55, Subdivision 8 to permit 1,500 s.f. of structure within the 75* protected lakeshore setback to Lake Minnetonka where no structure is permitted, and Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (1) to permit 2,079 s.f. (26%) of hardcover within the 75' lakeshore setback where no hardcover is permitted. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. 2. This application was reviewed as Zoning File #2623. The property is located in the LR-IC ('/4 acre) One Family Lakeshore Residential Zoning District. 3.The Orono Planning Commission reviewed this application on November 20, 2000 and recommended approval on a vote of 6 to 0 for variances based upon the following fmdings and hardships: Page 1 of 6 1 SI1 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. _ 4579 4. 5. r' A.The existing house and deck are located only a few feet from the lakeshore. Removal of the house and construction of a new house would leave a setback of an average of 30' to the house. Locating the house further from the street would not allow for an adequate setback to the street. 30' is the required setback to the street. The proposed setback is 20'. 20' allows space to back out of the garage into the driveway without backing a vehicle directly into the street, and would provide off street parking for the property. B.The lake and street setbacks would be consistent with those approved for the two adjacent properties. Both properties are located entirely within the 75' lakeshore setback. C.The hardcover variance is required as the entire lot is located within 75 of the lakeshore. The proposed hardcover would include up to 1,500 s.f. for the house. Additional hardcover would be required for the sidewalk connecting the driveway to the front entrance and the front steps. 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 Uie Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, repons by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. Page 2 of 6 I • « I ______GlTYof ORONO AM 4k\ CSHO RESOLUTION OF THE CITY COUNCIL 4 5 7 9NO. 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 10.55, Subdivision 8 to permit 1,500 s.f. of structure within the 75' protected lakeshore setback to Lake Minnetonka where no structure is permitted, and Section 10 22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (1) to permit 2,079 s.f. (26%) of hardcover within the 75' lakeshore setback where no hardcover is allowed subject to the following conditions: 1.Applicant shall apply for a demolition permit and remove all existing structures and hardcover prior to issuance of a building permit for a new structure. 2.Applicant shall provide 3 original copies of a revised survey showing the building plan and all proposed hardcover. Such site plan/survey shall be in substantial conformance with the attached approved site plan attached hereto as Exhibit B. 3.The surv'eys shall also indicate the lowest floor elevation for the new residence to determine the house will be located 3' above the OHWL (929.4'). No land alteration can occur below the defined flood elevation of 931.5*. 4.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 this variance will expire on that date (December 11, 2001). 5.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 mist'.meanor. 6.The undersigned applicant has read, understands and hereby agrees to the ten^ of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the propeny. Page 3 of 6 m CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. , 4 R *? a Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 11th day of December, 2000. ATTEST: Linda S. Vee, City Clerk Pro^torty Ownir (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) foregoing instalment was acknowledged before me on this 11th day of December, 2000 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf .....................—— RACHEL DODGE NQTAAY PUaUC . MNNESOTA Mjr ConiTtalon EipfeM Jin. )1, m ;TATE of MINNESOTA ) ) SS* COUNTY OF HENNEPIN ) Notary Public On this —day of —1: cbn-t«xrn --------, 20 c i before me a Notary Public within and for said county personally appeared __ Pr^ct A. known to me [o ‘he Person(s) described in and who executed the foregoing instalment, and acknowledged that he(they) executed the same as his (their) free act and deed. RACHEL DODGE NOTARY PU8UC • MNNESOTA Mr Cotnriulon Ej^tw Jm. 31. MS L/^0_ t /-..c. jg Notary Public Page 4 of 6 i tJ A t-oa Myrm Ai vAm exhibit a 4579 CERTIFICATE OF,TITLE NO. 776442 Thot part of Lot 27, Fogerness and the accretion therto described os follows: Commencing at o point on the Southerly line of Under the Linden Avenue which point is distant 75 feet Northeasterly from the Southwest corner thereof; said point being marked by the judicial landmark; thence Northeasterly along the Southeasterly line of Under the Linden Avenue a distonce of 100 feet which point is marked by o judicioi landmark; thence South 34 degrees 14 minutes East a distance of 69 feet which point is marked by o judicial landmork; thence continuing South 34 degrees 14 minutes East a distance of 6 feet more or less to the shore of Lake Minnetonka; thence Southwesterly along the shore of Loke Minnetonko a distance of 97.7 feet more or less to its intersection with a line which bears South 33 degrees 48 minutes East from the point of beginning; thence North 33 degrees 48 minutes West a distance of 8 feet more or less to a point which is marked by a judicial landmark; thence continuing North 33 degrees 48 minutes West o distance of 64 feet to the point of beginning. For purposes of this description the North line of Fogerness is assumed to be a due East and West line. EXHIBIT B ( >' 4579 /C' UNDER ------------ o< U00«' ,s^i w I---------- S5y29'4?W 1 ‘SS.-' f I_____* — T^yz —^ Shcrt L*n« LAKE MINNETONKA *”'*i4'rjTjooo) t ir P«ge 6 of 6 j MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 20,2000 ROLL The Orono Planning Commission met on the above dale with the following members present: Chair Elizabeth Hauit, Commissioners Jay Nygard, William Stoddard, Dale Lindquist, Janice Berg, and Sandra Smith. Commissioner Daniel Kluth was absent. The following represented City Staff: Senior Planning Coordinator Michael Gaffron, Zoning Administrator Paul Weinberger, Assistant Zoning Administrator Wendy Bottenberg, and Recorder Jackie Young. City Council Representatives Gabriel Jabbour and PJehard Flint were present. Chair Hawn called the meeting to order at 6:30 p.m. PUBLIC HEARINGS (#1) #2623 FRED JOHNSON, 1926 EAGERNESS POINT ROAD, VARIANCES, 6:31 p.m. - 6:45 p.m. Fred Johnson, Applicant, sNtts present. The Certificate of Mailing and Affidavit of Publication were noted. Weinberger stated the Applicants are proposing to remove an e.\isting residence and detached garage and construct a new residence on a lot that is located entirely within the 75’ lakeshore setback. Weinberger stated this is one of three lots that arc all located on the south side of Fagemess Road, with all three lots only having a depth of 70’ from the lakeshore. Originally the Applicants had requested variances to lot width, lot area, lakeshore setback and hardcover in order to construct a house consisting of 1,690 square feet. After discussions with Staff, the Applicants were advised to reduce the size of the house to comply with the structural coverage limitations. Weinberger noted for lots under 10,000 square feet, the property can have a ma.\imum of 1,500 square feet of stnictuie. The Applicants have revised their plans and have redesigned the house to reduce the structural coverage to 1,495 square feet, w ith the elimination of additional hardcover that w ould have been required for a third stall to the garage. Weinberger stated the amount of hardcover that c.\ists on the property currently is fairlj- equal to what is being proposed. Weinberger stated since the property is located entirely w ithin the 75’ lakeshore setback, it has had variances granted in the past to allow replacement of structures in the 1980s. Conditions placed on the r. ljaccnt properties were that the amount of structure and hardcover not exceed what had previously existed si>.cc *.io hardcover is normally permitted within 75’ of tlie lakeshore. Weinberger noted the existing house and deck arc located only a few feet from the lakeshore, w ith removal of the house and construction of a new residence resulting in a setback averaging 30 feet to the house. Relocating the house further from the street would not allow for an adequate setback to the street, with 30 feet being the required setback to the street. Weinberger noted Ae Applicants arc proposing a setback of 20 feet, which would allow sufficient space to back out of the garage into the driveway w ithout backing a vehicle directly into the street and would provide off street parking for the property. PAGEl Ir' MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 20,2000 (ff2623 FRED JOHNSON, Continued) Weinberger stated the Applicants are also proposing a small covered entrance consisting of 36 square feel to the front of the building that technically would be considered structure. This would result in total structural coverage in the amount of 1,531 square feet, which equals the amount of structure that currently e.\ists on the property. Weinberger stated the Applicants arc requesting a variance to structural coverage to permit replacement of the 1,531 square feet of structure where 1,500 is allowed by Code; a variance to permit structure tao be located w ithin 75 feet of the lakcshorc; and a variance to permit 2,079 square feet of hardcover where none is allowed. Weinberger stated Staff would request an updated survey prior to review by the City CouncU, with the updated survey also indicating the lowest floor elevation for the new residence in order to deiermine whether the new house will be located three feet above the OHWL. Staff s only concern with this application is that structural coverage exceeds the allowable 1,500 square feet allow’cd under Code. Weinberger noted the amount of structural coverage being proposed is equal to what currently exists on the property. Johnson commented he would like to construct a larger residence, but due to the limits set by the City of Orono, he has reduced the size of the building. Lindquist inquired whether the existing garage will also be removed. Johnson stated it will be. Hawn inquired whether the deck has been included in the hardcover calculations Weinberger stated the deck has been included. Weinberger stated the deck proposed is a ground level deck and would not be considered structural coverage. Stoddard commented in order to be consistent the Planning Commission should look at requiring the Applicant to reduce the amount of structural coverage to 1,500 square feet. Hawn stated that was her only concern with this application as well. Hawn noted the Planning Commission has tvpically not granted variances to structural coverages in the past. Lindquist inquired w hat the size of the garage will be. Johnson stated it w ill be 22.5 feet Lindquist inquired whether the garage could be reduced bv one foot. Johnson commented he would be w illing to reduce the garage by one foot in order to keep the front entr>vva\’. Stoddard suggested that approval be made contingent upon structural coverage not e.xceeding 1,500 square feet. PAGE 2 J • f . •\ MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 20,2000 (^2623 FRED JOHNSON, Continued) There were no public comments relating to this application, Stoddard moved, Hawn seconded, to recommend approval of Application U2623, 1926 Fagerness Point Road, granting of a variance to permit structure to be located within 75 feet of the lakeshore and a variance to permit 2,079 square feet of hardcover where none is allowed, with the understanding the structural coverage will not exceed 1,500 square feet, subject to the conditions outlined in the November 13,2000 Planner's Report. VOTE: Ayes 6, Nays 0. (#2) #2625 MORGAN K. NELSON, 3145 JAMESTOWN ROAD, VARIANCES, 6:45 p.m. - 6:52 p.m. Morgan Nelson, Applicant, was present. The Certificate of Mailing and Affidavit of Publication were noted. Weinberger stated the Applicants are proposing to construct a pool on the lakeside of the existing residence and adjacent to a gazebo. The proposed setback from the pool to the OHWL of 1 ,ake Classen is 123 feet, with the existing house being located 128 feet from the OHWL. The existing residence was constructed prior to the 1992 Shoreland Ordinance requiring the 150 foot setback from the OHWL. Lake Classen has been classified as a Natural Environment Lake by tlie DNR, which require the 150 foot setback for structures and septic systems. Weinberger stated a second variance is required for the average lakeshore setback. The pool will encroach nine feet into the average lakeshore setback defined by the principal structures of the two adjacent properties. Weinberger stated this property contains a bluff by definition, with the existing house and proposed pool being set back at least 40 feet from the top of the bluff. Weinberger stated the proposed pool meets all required setbacks from the top of the bluff. Weinberger commented the impact to the neighboring properties will be minimal due to the existing vegetation and the gazebo located between the houses and will have little or no impact or. \ iews enjoyed by the neighbor to the north. Weinberger stated Staff s comments relating to hardship are contained on page two of his Planner’s Report. Weinberger commented placement of the pool behind the principal residence would not flinction well as it would be located in the front of the house towards the street. Upically pools are located behind the house in a back yard. In addition, the street yard is the site of the septic system and alternate site, leaving no other reasonable location for the pod. Weinberger noted the proposed hardco\er would be u ithin the allowed percentages as required by the Zoning Code. Staff recommends approval of the variances Nelson stated Staff has given an accurate ar .‘ssment of his proposal. There were no public comments regarding this application. PAGE 3 City Council Meeting December 11,2000 *9. ^2623 Fred Johnson, 1926 Fagerness Point Road—^Variances—Resolution No. 4579 Sansevere moved, and Peterson seconded,-to adopt Resolution No. 4579 granting variances to Municipal Zoning Code Section 10.22, Subdivision 1 and Section 10.55, Subdivision 8 to permit 1,500 s.f. of structure within the 75 foot protected lakeshore setback to Lake Minnetonka where no structure is permitted, and Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16(L)(1) to permit 2,079 s.f. (26%) of hardcover within the 75 foot lakeshore setback where no hardcover is allowed subject to all conditions listed in the resolution. Vole: Ayes 5, Nays 0. *10. ^2625 Morgan Nelson, 3145 Jamestown Road—^Variances—Resolution No. 4580 Sansevere moved, and Peterson seconded, to adopt Resolution No. 4580 granting variances to Municipal Zoning Code SectionlO.56, Subdivision 16(C)(1) to permit the construetion of a swimming pool 123 feet from the OHWX. of Lake Classen where 150 feet is required to lakes classifled as NE, Natural Environment and to Section 10.56, Subdivision 16(Q(3) to permit a 9 foot encroachment into the average lakeshore setback for structures where no encroachment is allowed subject to all conditions listed in the resolution. \’ote: Ayes 5, Nays 0. *11. U2633 Jerome Lague, 2138 Shadpvood Road—Variances—Resolution No. 4581 Sansevere moved, and Peterson seconded, to adopt Resolution No. 4581 granting a variance to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16(L)(2) to allow 6,784 s.f. (40.9%) hardcover in the 75 — 250 foot lakeshore setback where 6,784 s.f. (49.9%) exists and 4,137 s.f. (25%) is allowed and Section 10.22, Subdivision 1(B) and Section 10.56, Subdivision 16(C)(6) to allow encroachment of 8 feet into the average lakeshore setback to permit a lakeside deck to be replaced subject to all conditions listed in the resolution. Vote: Ayes 5, Nays 0. Items 12 and 13 appear after item 14. 14. #^2640/2641 Orono Ambar, LLC, 2060 Wayzata Boulevard —P.U.D./ Subdivision/Rezoning/Commercial Site Plan Reviews Frank Dunbar, the developer, was present. W'einberger stated that Orono Ambar, LLC submitted an application for a two-lot plat of a 6.7 acre property, splitting it into a 4 acre and a 2.7 acre site. Proposed is a rezoning for the two properties from B-1, Retail Sales Business District to B-6/PUD (for office use of the proposed west parcel) and RPUD/PUD (for multi-family residential use of the 6 j a PROJE CT NORTH ELEVATION t/4« • vt--. ■* ^JU'nruT iinrmnnD mJmirn nrmTn n ifiiifn iTufiTi’i'ifiTiyinriTirffii it'ri ifimT ii' iriti 11 iiVrII iiTi ii Mil II iiiiiII INIIIIIli II liii I nil II iiuI 0uXiji llll II INI‘tfif if iTiV irffin1 friTr ITIT n I n 111 nliX miT 111111 i\i 11 il 11 11 n il 111111 111 li [ u ii u ,u i 0.11 ^uunWuiiiriWI T^ .11ju. uj.X¥.f.Wi' II u.fflwITriTirinTfn’WT ri 1 1 1111 n iIT m^IiiuMiMin nrin^nrhiinn Wtii ^ ii iiVriiilW jiiiLiUDciij ^ ii wii 111111 [i'ljutm I ll ij rri^ Jii ■■HmiMMinLiri nniLn■ ■ , ■■■■ ..ITTTl 6" nriinuiin ill II uu 1 ................. pnfr n Wh. uiiuuui ni TlK y.n ULiyniii uin TTITTr III / / \ i 1 i i 1 1 HVM. VjaOO TO EABTH S^iPARATIQS 3* J-L __________IJ_ u TTTT lUDUi CONTINUOUS RIDGE VENT. TYF ASPHALT 6GHINGLES BY CONTRACTOR fe* ICE SHIELD. TPT. 1x2“ TRIM BY CONTRACTOR lxS“ TRIM BY CONTRACTOR i arsgASgftLgeRCH 2 X 4” DECKING 2 X 10" JOISTS PROJECT SOUTH ELEVATION 1/4- > V'" •■«>» 1»»mt ♦«*•-1*,- -^:» •••' •-••. • ' I .r 1 ! i n ■ I ih T u li t L I If I rrn Liur JUil n jTTii SPECIAL NOTE SEE ATTACHED SHEET >-TOCC>0________FOR CODE REQUiR£?.V£i'4TC. II i 1 ITf 1 J T 1 nTlILJ-.j 1 r . - ■**“* *Y* • IJA in -y >*•»* — «• iTD H 0 IT Jil T I! n IO j T11(1 Provide 2 Isyers Of 15LS\ , Felt Solid Mopped Tor'?-'.v: r 24 ” Inside EXT. Wail Lina )^6” For Wood Shingles Or Shakes rrn 01 □j_4J4.Ui-U TarMiQ^flT u nTTmi Ui nn■TCTTr ■vn MljTl 1} f I » f s / / PROJECT UUE6T ELEVA 1/4“ ■ r-0‘ I9JIG -FT. fP <-.w stflOaMl 11 r n I • k~i I in I / / ^ .* fowiiif 3 h»cl* mortu«n<«l *'**** •'*^^**^ *<*^cn» lOTHimark / / I • :x , CinOFOROHO jL SITC plan __ GRADING Pb'.N ■• •'•rn -ioei->r t^teS • — • vviriowo \ ^ - Foun4 1/2 inc!» l#on Pip« ^ * / (Jutfcct LoaCfftok i»( fiKAi) / ^App«oiimot« Wolvr Imt p«f plol of FACiRNCSS S«l 1/2 inch boo Pipo - ntUi R lS 19640 irKjktK cop (Ankidl l4M.r«ik iKi fe 4)ys ^ *>' ^>i x^Lp ' CERTIFICATE OF TITLE NO. 775442 Thot port of Lot 27, FoQerntss ond tho occret follows: Commertcing at o point on tho Souther Lindon Avenuo which point is distant 75 foot N Southwest corner thereof; said point being mar iondmorfc; thence Northeasterly olong the South the Linden Avenue a distance of 100 feet whic 0 judicial londmork; thence South 34 degrees * distance of 69 feet which point is marked by • thence continuing South 34 degrees 14 minute: feet more or less to the shore of Loke Minnet Southwesterly along the shore of Loke Minnetor feet more or less to its intersection with o lint 33 degrees 40 minutes Cost from the point of North 33 degrees 40 minutes West o distonce less to a point which is marked by o judidol I continuing North 33 degrees 40 minutes West c to the point of beginning. For purposes of this line of Fegerness is assumed to be o due Cos Subject to the reservation by the Stole of Minr and mineral rights in ond to the said Northeos Southwesterly 175 feet of soid Lot 27; GENERAL NOTES • Denotes iron monument found. O Denotes iron monument set. X 920.27 Denotes spot elevation Elevation of existing house first floor ■ Elevation of proposed house first floor Existing Hordcover colculotions 933.59 « 933.t Lot House Garage Sidewolk Palio/Deck Steps Grovel Drive Total Herd Cover 0,018 Sq. Ft. 1,187 Sq. Ft. 210 Sq. R. 2,328 Sq. Ft. •} Proposed Hardcover colculotions Lot House Driveway Sidewolk Deck Stoop 8,018 Sq. Ft. 1,464 Sq. Ft. 401 Sq. Ft. 43 Sq. Ft. 140 Sq. Ft. 34 Sq. Ft. Totol Hord Cover 2.082 Sq. Ft. (: ^ * J • This drowino hos been checked ond r^twed this . doy of r DATE IQ-S-OO I MM IREVISED GENERAL NOTES Scole sn Feet I I hereby certify thot this survey wos prepored under my supervision onj tfiol I om o Licensed Lond ^rveyor under thw rsoto. SCHOEa & MAOSOM. INC. CNCSICDIS • SUfMVOeS • FlAM«CR$ SOC ICSH nC • INVIflOMyCNrAL SCAv<tS 10500 mtlAtA OOUICVARO. SUffC f MMCTONM. MN 55305 CUENT: CALIBER BUILDERS ^ •> r'- CERTIFICATE OF OCCUPANCY City of Orono Building and Zoning Department Date Approved:3IBI20Q2 SITE ADDRESS P.I.D. OWNER 1926 Fagerness Pt. Rd. 17-117-23-23-0016 APPROVED OCCUPANCY Fred Johnson ZONING DISTRICT LR-1C TYPE: Residential VSE: Single Family FIRE DEPARTMENT Mound NUMBER OF DWELLING UNITS: POST OFFICE Wayzata 55391 1 BUILDER Caliber Builders ADDRESS 4017 North Shore Driva Mound, MN 55364 Commercial Structures: This certificate of occupancy shall be posted in a conspicuous place on the premises and shall not be removed except by the Building Inspector. BUILDING PERMIT NO. • • TYPE P03656 New DATE ISSUED 5/18/2001 • SEWER P04132 SEPTIC _______ jAC UNITS 1 WATER P04132 P04143PLUMBING . MECHANIC. iL PQ4144 I FIREPLACE P04733 Residential Buildings: Need not post this certificate of occupancy. No change in the use is allowed prior to obtaining new certificate of occupancy REMARKS: Approved Resolution #4579 FOR YOUR IN FORMA TION For any police, fire or medical emergency - Call: 911 Posting of your assigned street number is required In purchasing a neu' home, file for your homestead at the City offices. Register your address for voting, drivers license and automobile registration. City water and sewer is billed quartely. Septic inspection fees are billed annually. Permits are required for any additions or alterations on your property or for construction of any garages^ deck dock or other accessory structure. Special regulations prohibit any e.xcavation. filling, grading, dredging, tree removal, or construction of any kind within 75 feet of any lakeshore or within 26 feet of any wetlands. This Is to certify that I have inspected the premises at the above address and that the building subitantially conforms to the requirements of the ordinances of the City applicable to newly constructed buildings, or to such alterations or repairs as were coiered by this building permit number and that the construction, alterations or repair has been substantially completed in accordance with the plans upon which the building permit required by ordinance w as issued. ^ TP a* ^ • ■Building Official Zoning Administrator Friday, .March 63,3002 nTiiu: Oi^nrr/Buildtr Canary: Aneuor rint: Finance Coldenrod: Sireel File -UGiAi i 5 CITY of ORONO Municipal Offices Street Address: 2750 Kelley Parkway Orono, MN 55356 Mailing Address: P.O. Box 66 Crystal Bay. MN 55323 0066 Fred A. Johnson 1926 Fagemess Point Road Orono Mn. 55391 Re; Illegal Deck Dear Mr. Johnson As we have discussed in the past the second level deck on your house at the above referenced property was not approved and must be removed. Enclosed is City of Orono Planning commission minutes. Page three discusses the deck issue. The discussion was regarding structural coverage. The ground level deck is not structural coverage because it is less than 6 feet above grade. However the second level deck is considered structural Coverage and therefore puts the property out of compliance with the Orono Zoning code. A deadline of 3-19-03 has been established for removal, or (if you feel you have a hardship) for variance application submittal. If this deadline is not met the matter will be referred to the city attorney for legal action. If you have any questions please feel free to contact me at my office. - Sincerely L' ne Oman Enclosures; 11-20-03 Orono Planning Commission minutes Orono Municipal code section 10.03 subd. 14 C 2 Tetcphooe(952)24M600 • Fax (952)249-4616 www.ci.oronojnn.us 1 rr i ir' : 1 3 r •. f •• £>CITY of xo Municipal Offices Strtat Mdrtss: 27S0 Kelliy Parkway Orono, MN SS3S6 March 5,2003 Mailing Address: P.O. Box 66 Crystal Bay. MN 55323 0066 Fred A. Johnson 4017 North Shore Dr. Mound, MN 55364 RE: Illegal Deck -1926 Fagerness Point Road Dear Mr. Johnson: As we have discussed m the past the second level deck on your house at the above referenced property was not approved and must be removed. Enclosed is a copy of the City of Orono Planning Commission minutes. Page three discusses the deck issue, the discussion was reg^ding stmctural coverage. The ground level is not structural coverage because it is less than a o^ve grade. However the second level deck is considered structural coverage and therefore puts the property out of compliance with the Orono Zoning Code. ^ A deadline of March 29,2003 has been established for removal, or (if you feel you have a hardship) for variance application submittal. If this deadline is not met the matter will be referred to the City Attorney for legal action. If you have any questions, please feel free to contact me at my office. Sincerely, Lyle Oman Building Official Enclosures: - 11-20-03 Orono Planning Commission Minutes - Orono Municipal Code: Section 10.03, Subd 14C2 Cc: Randy & Michelle Chwialkowski, 1926 Fagerness Point Rd., Wayzata MN 55391 rd • lUcphooe (952) 249-4600 • Fax (952) 249-4616 wwwxLoronojnn.ui ( Y B MINUTES OF THE ' ORONO PLANNING COMNOSSION MEETING Monday, November 20,2000 ROLL •y- The Orono Planning Commission m.et on the above date with the following members present: Chair Elizabeth Hawn, Commissioners Jay Nygard, William Stoddard, Dale Lindquist, Janice Berg, and Sandra Smith. Commissioner Daniel Kluth was absent. The following represented Cit>* Staff: Senior Planning Coordinator Michael GaSfon, Zoning Administrator Paul Weinberger, Assistant Zoning Administrator Wendy Bottenberg, and Recorder Jackie Young. City CouncU Representatives Gabriel Jabbour and Richard Flint were present. Chair Hawn called the meeting to order at 6:30 p.m. PUBLIC HEARINGS (#1) #2623 FRED JOHNSON, 1926 FAGERNESS POINT ROAD, VARIANCES, 6:31 p.m. •> 6:45 p.m. Fred Johnson, Applicant, was present. The Certificate of Mailing and Affidavit of Publication were noted. Weinberger stated the Applicants are proposing to remove an existing residence and detached garage and constmct anew residence on a lot that is located entirely within the 75' lakeshore setback. Weinberger stated this is one of three lots that are all located on the south side of Eagerness Road, with all three lots only having a depth of 70’ from the lakeshore. Originally the Applicants had requested variances to lot width, lot area, lakeshore setback and hardcover in order to construct a house consisting of 1,690 square feel. After discussions with Staff, the Applicants were advised to reduce the size of the house to comply with the structural coverage limitations. Weinberger noted for lots under 10,000 square feet, the property can have a ma.Nimum of 1,500 square feet of structure. • . • The Applicants have revised their plans and ha.vTfdesigned the house to reduce the structural coverage to 1,493 square feet, with the elimination of additional hardcovcf d:i r. would have been required for a third stall to the garage. Weinberger stated the amount of hardcover that exists on the propert>- currently is fairly equal to what is being proposed. Weinberger stated since the propert\‘ is located entirely w ithin the 75 ’ lakeshore setback, it has had variances granted in the past to allow* replacement of structures in the 1980s. Conditions PAGEl ► MINUTES OF THE ORONO PLANNING COM^^SSI6N MEETING Monday, November 20,2000 placed on the adjacent-properties were that the amount of structure and hardcover not exceed what had previously existed since ho hardcover is normally permitted within 75’ of the lakeshore. Weinberger noted the existing house and deck arc located only a few feel from the lakeshore. with removal of the house and construction of a new residence resulting in a setback averasbg 30 feet to the house. Relocating the house further from the street would not allow for an adequate setback to the street, with 30 feet being the required setback to the street. Weinberger noted the Applicants are proposing a setback of 20 feet, which would allow sufficient space to back out of the garage into the drivemy without backing a vehicle directly into the street and would pro^^de .off street parking for the property. Weinberger stated the Applicants are also proposing a small covered entrance consisting of 36 square feet to the front of the building that technically svould be considered structure. This would result in total structural coverage in the amount of 1,531 square feet, which equals the amount of structure that currently e.\ists on the properw-. Weinberger stated the Applicants are requesting a variance to structural coverage to permit replacement of the 1,531 square feet of structure where 1,500 is allowed by Code; a variance to permit structure tao be located within 75 feet of the lakeshore; and a variance to permit 2,079 square feel of hardcover where none is allowed. W emberger stated Staff would request an updated survey prior to review by the City Council, with the updated survey also mdicating the low est floor elevation for the new residence in order to determine whether the new house will be located three feet above the OHWL. Staffs only concern with this application is that structural coverage e.xceeds the allowable 1,500 square feet allowed under Code. Weinberger noted the amount of structural coverage being proposed is equal to what currently e.xists on the propertj-. Johnson commented he would like to construct a larger residence, but due to the limits set bv the City of Orono, he has reduced the size of the buildine. PAGE 2 • ^ MINUTES OF THE ORONO PLANNING COMNHSSION MEETING Monday, November 20,2000 Lindquist inquired whether the existing garage will also be removed. Johnson stated it will be. Hawn inquired whether the deck has been included in the hardcover calculations. Weinberger stated the deck has been included. V.'rir.b::A** •“ •••• •»• — •• ^ < ;e a level deck and would not be considered structural coveraoe. Stoddard commented in order to be consistent the Planning Commission should look at requiring the Applicant to reduce the amount of structural coverage to 1,500 square feet. Hawn stated that was her only concern with this application as well. Hawn noted die Planning Commission has typically not granted \aiiances to structural coverages in the past # Lindquist inquired what the size of the garage will be. Johnson stated it will be 22.5 feet. Lindquist inquired whether the garage could be reduced by one foot. • • Johnson commented he would be w illing to reduce the garage by one foot in order to keep the front entrjway. Stoddard suggested that approval be made contingent upon structural coverage not exceeding 1,500 square feet. m There were no public comments relating to this application. Stoddard moved, Hawn seconded, to recommend approval of Application #2623, 1926 Fagerness Point Road, granting of a variance to permit structure to be located within • • • * * 75 feet of the lakeshore and a variance to permit 2,079 square feet of hardcover where none is allow ed, with the understanding the structural coverage will not exceed 1,500 square feel. subject to the conditions outlined in the November 13,2000 Planner’s Report. VOTE: Ayes 6, Nays 0. (#2) #2625 Morgan K. Nelson, 3145 Jamestown Road, Variances, 6:45 p.m. — 6:52 p.m. PAGE 3 § 10.03 locttd in "R" DUWcIs shalla '”’ ““““S'* building shall Mwytote «" d « « «“ pSdwdli^^^^^ • Source; Ordinance 72,2nd Series Adopted: 8-14-89 Subd. 14. Yards and Open Spaces. 11 . j ♦ ^il *0 Dwelling or Group. No required yard or other onen space allocated to a building or dwelling group shall be used to satisfy yard, other open spaces^or minimum lot area requirements for any other building or dwelling eroup. ^ ♦«t 1 V jr In all zoning districts, for all lots of 0-1.99 acre in total area, the0 al combined footpnnt areas of all principal and accessor>' structures shall not exceed IsS Ae lot area. The following shall be included in calculation of lot coverage by structures: 1. All roofed structures which extend more than 6’ above grade level. -•II ft II f j. courts, patios, decks, and all similar "open" structures when ^ r""T‘‘ "'“S' shove grade le«l «■ “hove grade level, the entire strSe IhaUcount toward lot coverage). regardless of whether such pool' te“5pa^: e“ rat“et,‘‘“'' " Source: Ordinance 80,2nd Series Adopted: 2-26-90 ORONO CC 255-3 (4-1-84) 1 iilWiiHiiiinnTiintimfnttii Completion Date: Deadline: 11/13/00 1/11/01 REQUEST FOR COUNCIL ACTION DATE: December 6,2000 ITEM NO.: ^ Department Approval: Name Paul Weinberger Title Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description:/^2623 Fred A. Johnson 1926 Fagemess Point Road Variances - Public Hearing Zoning District: LR-IC One Family Lakeshore Residential District (1/2 acre) Lot Area: 8,018 s.f. (. 18 acre) Application: Applicants have proposed to remove the existing residence and detached garage and construct a new residence on a lot that is located entirely within the 75 ’ lakeshore setback. List of Exhibits: A B C D Resolution Planning Commission Minutes Recommended Site Plan Planning Report Background: Applicants have reduced the size of the proposed house and reduced the size of the garage to a nvo stall garage. Original application requested a 1,690 s f house. After a series of discussions with Staff the applicants were advised to reduce the size of the house to comply with the structural coverage limitations. For lots under 10,000 s.f. the property can have a maximum of 1,500 s.f. of structure. The revised plan has reduced the structural coverage to 1,495 s.f. and has eliminated additional hardcover that would have been required for a third stall to the garage. The plan indicates a covered entrance to the front of the building that technically would be considered structure. 36 s.f. of additional structure would be added to the 1,495 proposed =1,531 s.f, equaling the amount of structure that has previously existed on the propert>-. Both adjacent properties are also located entirely within the 75' lakeshore setback and have had variances granted to allow replacement of structures in the 1980s. Conditions placed on the adjacent properties were that the amount of structure and hardcover not c.xceed what had previously existed since no hardcover is permitted within 75' of the lakeshore. Planning Commission Discussion: Planning Commission Minutes are attached as Exhibit B. The Planning Commission voted 6 to 0 recommend approval of the application permitting 2,079 s.f. of hardcover and not to exceed 1,500 s.f of structure. The recommendation was based on the fact the propert> is developed as a single family residence with 2,328 s.f r Request for Council Action continued Page 2 December 6,2000 #2625 Fred A. Johnson __________ Staff Recommendation: iission. COUNCIL ACTION REQUESTED Motion to adopt or amend the attached resolution. ¥ A % r- 6 f fe V I L - S^^ofc Line LAKE MINNETONKA «“";4"’Tjooo) D Completion Date: 11/13/00 60 Day Deadline: 1/11/01 TO: FROM: DATE: Chair Hawn and Orono Planning Commission ^4embe^s Ron Moorse, City Administrator Paul Weinberger, Zoning Administrator/Planner November 13,2000 SUBJECT: #2623 Fred A. Johnson 1926 Fagemess Point Road Variances - Public Hearing Zoning District: LR-IC One Family Lakeshore Residential District (1/2 acre) Lot Area: 8,018 s.f. (, 18 acre) Application: Applicants have proposed to remove the existing residence and detached garage and construct a new residence on a lot that is located entirely within the 75' lakeshore setback. List of Exhibits: A Application B Plat Map C Survey D Elevation Views Background: Applicants have reduced the size of the proposed house and reduced the size of the garage to a two stall garage. Original application requested a 1,690 s.f. house. After a series of discussions with Staff the applicants were advised to reduce the size of the house to comply with the structural coverage limitations. For lots under 10,000 s.f. the property can have a maximum of 1.500 s.f. of structure. The revised plan has reduced the structural coverage to 1,495 s.f. zmd has eliminated additional hardcover that would have been required for a third stall to the garage. The plan indicates a covered entrance to the front of the building that technically would be considered structure. 36 s.f. of additional structure would be added to the 1,495 proposed = 1,531 s.f, equaling the amount of structure that has previously e.xisted on the property. Both adjacent properties are also located entirely within the 75’ lakeshore setback and have had variances granted to allow replacement ofstructures in the 1980s. Conditions placed on the adjacent properties were that the amount of structure and hardcover not exceed what had previously existed since no hardcover is permitted within 75’ of the lakeshore. * *» #2623 Fred A. Johnson 1926 Fagemess Point Road Variances - Public Hearing Pagel Staff would recommend an added condition that the property not be developed beyond the 1,500 s f of structure that is permitted by Municipal Code. The existing structure is 1,531 s.f. REQUIRED PROPOSED VARIANCE Lot Area 21,780 s.f.8,018 s.f.13,762 s.f. Lot Width 100 ’100 ’ Lake Setback 75’26- deck, 30’ house 49’ Front (street) Setback 30'20 ’10' Left Side 10’23’ Right Side 10’16’ Hardcover Existing 2,328 s.f. (29%) Proposed 2,079 s.f. (26%)0% is allowed Hardships: The applicanls have slated in their hardship statement that the existing house is not livable and the existing garage is in poor condition. (See Exhibit A) The existing house and deck are located only a few feet from the lakeshore. Removal of the house Md constractton of a new house would leave a setback of an average of 30' to the house. Locating the houM further from the street would not allow for an adequate setback to the street. 30' is the required setback to the street. The proposed setback is 20'. 20' allows space to back out of the garage into the driveway without backing a vehicle directly into the street, and would provide off Street parking for the property. The lake and sueet setbacks would be consistent with those approved for the two adjacent properties. The hardcover variance is required as the entire lot is located within 75' of the lakeshore The proposed hardcover would include 1,495 s.f for the house. Additional hardcover would be required or e sidewalk connecimg the driveway to the front entrance and the front steps. A 164 s.f deck has been proposed on the lakeside of the new house and would be located 26' from the lakeshore A hardcover summaiy is located at the lop of page 3 of this memo. #2623 Fred A. Johnson 1926 Fagemess Point Road Variances - Public Hearing Page 2 n IP Hardcover Existing Proposed House 1,187 s.f.1,495 s.f Garage 344 s.f Sidewalk 125 s.f 90 s.f Patio/Deck 419 s.f 164 s.f Steps 43 s.f 36 s.f Driveway 210 s.f 294 s.f Total 2,328 s.f.2,079 s.f. Variance Aoorovals Reauested 1. Section 10.03, Subdivision 14(C) Structural Coverage-to permit a replacement of the 1,531 s.f. of structure where 1,500 s.f is allowed by Code. 2. Section 10.22, Subdivision 1 and Section 10.55, Subdivision 8 - to permit structure to be located within 75’ of the lakeshore. 3. Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (1) -topermit 2,079 s.f. (26%) hardcover where none is allowed. Additional Information Requested 1) The updated survey does not show the revised footprint for the site plan under review by the Planning Commission. Should the Planning Commission make a recommendation of approval an updated survey shall be provided before review by the City Council. 2) The survey shall also indicate the lowest floor elevation for the new residence to determine the house will be located 3’ above the OHWL (929.4'). No land alteration can occur below the defined flood elevation of 931.5’. Staff Recommendation: Staff recommends the final site plan not ekceed 1,500 s.f. The covered entrance on the street side of the house constitutes 36 s.f. of structure. The overall plan is consistent with the approvals granted for the two adjacent lots (both are similar situations being located within 75’ of the lakeshore). 0262) Fred A. Johnson 1926 Fagcmeis Point Road Variances - Public Hearing Page 3 f AppUcatioo # Date T^egglvedy-/^-^6)_ Amount Paid ^StSX AO A CITY OF ORONO - VA UANCE APPLICATION Initial Application Fee S250.00 (S50.00 per each.add .Uonal variance) Itenewal Variance Fee SI 50.00 (no change fiom orij inal applicatioo) Variance for non-confo ming stnicturcs $250.00 After-the-Fact Fees (D< uble application fee) ■if W..; A. ro Prooerty Identification Number (PJ».)____________property Identificatioi ________ A.ttach legal descriptio i to ap^Mtion if not included on required survey. Date Property Acquire* y Xmonth/ycar) I (do) fdoTi^ also o'm th^djacent parcels of land Presenrwe^propet^: ^ rxesidentid other (specify). Zoning District:, APPLICAKT_ . . Name AddressTI^^^Z^IS T)W»r\y.2 a OWNER (if different tl an applicant) , City:, Phone (home"! ______ Phone fworkl 1 Zip: Phone ftome> j. {J Name Phone fworki ^ ~ ^4 Address: Cit\*: ^<~o^o Zip: 3 DESCRIPTION OF R CQUEST Describe request in d :tail: __ Estimated Construction Cost S, (attach addidonal sheets if necessary) VARIANCES REQUIUED Lot Area ___■ Lot Width Setback:Front Side Hardcover Rear Lot Coverage Average Lakeshore Other (specify) HARDSmP/DESCRr TION OF UNUSUAL PROPERTY CONDITIONS Describe imdue ban ship or practical difficulty or unusual property conditions preventing compliance Writh Zoi ing Code reouiremeots: Loi rp.i/ru^ LcUSC rut f\6-f li\/A^h(e^j uJTli ‘fn. ll 6\.'€r tn . (attach additional sheets if necessao) 1 / %Hr-S3-H3 & J ?ft*..•"*■••• X .).• fC-l' ':» ll* . • • • i . . 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'. j 1^ , ■-^' • • i i ■ 'J •-?: i . * ’• Ji . .* • RUNI)ATI::J/I. 3R I7M72J230008 PROPAODR 1905 FAGERNESS POINT RO OWNER NAME WILUAM AIIIDDS TAXPAYER WILLIAM A IIIDnS NAME/ADDR 1905 EAGERNESS POINT RD WAYZATAMN 55391 38 1711723230011 PROP ADOR 1929 FAGFRNESS POINT RD OWNER NAME LLOYD L'UAPER TAXPAYER LLOYD II DRAPER NAME/ADDR 6015 GIRARD AVE SO MPLSMN 55419 • • 38 1711723230009 PROPADDR 1913 FAGERNESSPOINTED OWNFJINAME DRANDON C STOVERN TAXPAYER DRANDON C STOVERN NAME/ADDR 1913 EAGERNESS POINT RD WAYZATAMN 55391 38 1711723230012 PROP ADDR 1937 EAGERNESS POINT RD OWNER NAME RD ROBERTS ETAL TAXPAYER RICHARD D ROBERTS NAME/ADDR 1937 EAGERNESS POINTED ORONOMN 55391 38 1711723230010 PROPADDR 1921 EAGERNESS POINT RD OWNER NAME D L PETERSON & E M PETERSON TAXPAYER DARRYL L PETERSON NAME/ADDR 1921 EAGERNESS POINT RD WAYZATAMN 55391 38 1711723230015 PROPADDR 1932 EAGERNESS POINT RD OWNER NAME BARRY3MARON TAXPAYER BARRY J MARON NAME/ADDR 1932 EAGERNESS POINT RD WAYZATAMN 55391 PACE: I '• . ■ 38 1711723230016 PROPADDR 1926 EAGERNEiSS POINT RD OWNER NAME RANDY CHWIALKOWSKIET AL TAXPAYER RANDY/MICIIELLECIIWIALKOWSKI NAME/ADDR 1926 EAGERNESS POINT RD WAYZATAMN 55391 38 1711723230031 PROP ADDR 1920 EAGERNESS POINT RD OWNER NAME BRUCE A CAMIUJE CURTISS taxpayer BRUCE a CAMILLE CURTISS NAME/ADDR 1920 EAGERNESS POINT RD WAYZATAMN 55391 I CERTIFY THATTHE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARSTHIS DATEONTHE RECORDS date -££^:^ by !• r -7; > -J r.' %!J 'f\i vf: i V? wi ^.^NF^MATION SYSTEM 38 I7II7232300IO PROPADDR 1921 FACERNESS POINT RO OWNER NAME D L PETERSON A E M PETERSON taxpayer Darryl l PETERSON NAME/ADDR 1921 FAOBRNESS POINT RD W/.YZATAMN 53391 38 17II7232300I5 PROPADDR 1932 FAGERNESSPOINTRO OWNER NAME BARRY JMARON TAXPAYER BARRY J MARON NAME/ADDR 1932 FAGERNESS POINT RD WAYZATAMN 55391 rRD nss TISS RD 3*RESENTED ARE AN ACCURATE AND FORMATION AS ITAPPEARSTHIS DATE ON THE RECORDS iXPA YER SERVICES DEPARTMENT, TO THE BEST ^'"’daTE BY c . .* •'«/“-V•. . ». • — V ? ^ .jL, v ,* \ ■ • ^.. ' ' /.-V.' ' ^ ■ . . •■<;...••■•■• .■-• 0S^sU. * ; ,• U. • t* / Application Complete: 60 Day Deadline: 3/27/03 5/26/03 REQUEST FOR COUNCIL ACTION Department Approval: Name: Jennifer Chaput Title: City Planner r/>._______ 2 6 2005 C\t'r ur GRO.\'0 DATE: April 22,2003 ITEM NO. Agenda Section: Zoning Item Description:#03-2884 John L. And Cheryl A. Fiebelcom 2730 Shadywood Road Variances Exhibits: A Resolution B Staff Report and exhibits of 4/21/03 Planning Commission m.eeting Application Snmmary: The applicant requests the following variances to replace an existing 399 s.f. lakeside deck with a 550 s.f. lakeside deck: 1 . lakeshore setback of 68.3’ from the OH WL of Lake Minnetonka where 75’ is required; 2. hardcover within the 0 to 75’ lakeshore setback zone: 593 s.f. (6.8%) where none is permitted; 3. hardcover within the 75’ to 250’ lakeshore setback zone: 6,449 s.f. (52.3%) where 3,085 s.f. (25%) is permitted; 4. an encroachment of 22 ’ into the average lakeshore setback; and ____ 5. lot coverage by structure of 3,225 s.f. (1 5.3%) where 3,157 s.f. (1 5%) is permitted. Pertinent Code Sections: 1. Section 10.22, Subd. / and Section 10.56, Subd. 16(0(i): Structure within 75*: Structures shall be set back a minimum of 75’ from the OHWL (929.4 ’) of lakes classified as General Development. (Request: To allow a setback of 68.3’ from the OHWL of Lake Minnetonka where 75’ is required). 2. Section 10.22, Subd. 2 and Section 10.56, Subd. 16 (L)(I) & (2): Hardcover within 75’: Within 75’ of the shoreline there shall be no excavating, filling, hardcover, temporary or pemianent structures. (Request: To allow 593 s.f. (6.8%) hardcover within the 0 to 75’ lakeshore setback zone where none is permitted). 3. Section 10.22, Subd. 2 and Section 10.56, Subd. 16 (L) (2): Hardcover w ithin 75 ’ to 250 ’; Between 75’ and 250’ of the OHWL there shall be no greater than 25% hardcover (Request: To aliow' 6,449 s.f. (52.3%) hardcover within the 75’ to 250’ lakeshore setback zone where 3,085 s.f (25%) is permitted). 4. Section 10.22, Subd. 1 (B) and Section 10.56, Subd. 16 (C)(6): .\verage Lakeshore Setback; The average lakeshore setback line shall be a straight line connecting the most lakcward protrusions of the residence buildings on the immediately adjacent lakeshore lots. (Request: To allow an encroachment of 22 ’ into the average lakeshore setback). 5. Section 10.03, Subd. 14(C); Lot Coverage By Structure: For all lots of 0-1.99 acres in total area, the total combined footprint areas of all principal and accessory structures shall not exceed 15% of the lot area. EXCEPTION: Regardless of lot area, ever>' developed lot shall *_____ j 1. 2. 3. 5. FINDINGS This application was reviewed as Zoning File #03-2884. The property is located in the LR-IB Zoning District, where 1 acre is the minimum required lot area. The property consists of approximately 0.48 acres. The Orono Planning Commission reviewed this application on April 21, 2003 and recommended approval by a vote of 6 to 1. 4. The Planning Commission made the following findings of fact: A. The deck has existed in this location since 1972; B. The neighbor’s views of the lake are not greatly affected by the location of the deck; C. The deck will not change the structural setback from the OIIWL of Lake Minnetonka or the average lakeshore setback; D. Expansion of the deck as proposed, filling in the “U” shaped area, would increase structural coverage and hardcover on the property. The applicant has stated that the expansion can be configured so that it will not increase hardcover. However, structural coverage will still increase; and E. Instead of filling in the “U” shaped area, the deck could be reconfigured to avoid an increase structural coverage on the lot. A new deck may be up to 482 s.f in size (or 83 s.f. larger than it currently exists) and still meet the maximum structural coverage (3,157 s.f or 15% of the lot area) allowed on the lot. 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 will not adversely affect traffic conditions, light, air. nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessar>- to preserve a substantial property right of the applicants; and w ould be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Council has considered this application, including the findings and Page 2 of 5 I ! > recommendations of the Planning Commission, reports by City Staff, comments by the applicants 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 10.56, Subdivision 16(L)(1); Section 10.56, Subdiv ision 16 (L)(2); Section 10.22, Subdivision 1 (B); and Section 10.56, Subdivision 16(C)(6); to replace an e,xisting lakeside deck with a new lakeside deck of a dificrent configuration over existing concrete patio with a lakeshorc setback of 68.3 ’ from the OHWL of Lake Mrmetonka where 75’ is required; 586 s.f. (6 7%) hardcover within the 0 to 75’ lakeshore setback zone where none is permitted (no change from existing); 6 ,449 s.f. (52.3%) where 3,085 s.f (25%) is permitted hardcover within the 75’ to 250' lakeshore setback zone (no change from existing); and an encroachment of 22' into the average lakeshore setback; and denies a variance to and Section 10.03, Subdivision 14(C), dis Jlowing the proposed sUuctural increase in structural lot coverage. Approval is subject to the following conditions: 1.Council approval is based on the site plan submitted by the applicants and as amended by staff as attached to this resolution as Exhibit A. Any further amendments to the site plan may require further Planning Commission and City Council review. Approval is subject to the following conditions: a) The new deck may be up to 482 s.f in size (or 83 s.f larger than it currently exists) and still meet the maximum structural coverage (3,157 s.f or 15% of the lot area) allowcu on the lot. and meet the 68.3 ’ lakeshore setback; and b) A revised deck plan meeting the approved conditions shall be submitted prior to issuance of a buiiding permit for a new deck. 3.Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or these variances will expire on that date (April 28,2004). 4.Violation of or non-compliance with any of the terms and conditions of this Page 3 of 5 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 applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City or Orono, Minnesota at a regular meeting hek* n the 28th day of April, 2003. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner (s) STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 28th day of April, 2003 by Barbara A. Peterson, Mayor of the City of Orono. a Minnesota municipal corporation and said instrument was executed on behalf of the City. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public The foregoing instrument was acknowledged before me on this day of April, 2003 by Linda S. Vee, City Clerk of the City of Orono. a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 5 mrrniTifni'^T STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of ,2003,j)ersonalIy 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 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 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/she/they executed the same as his/her/iheir free act and deed. Notary Public Page 5 of 5 SURVEY FOR: John and Cheryl Fiebelkorn MOIfM N88r37 ‘W 195.0 knp. MrfoM <23.4% 0f lot. heuM tncVidod Dock otoM eoncroto poUe - 400.791 So. Ft. NST2rw 20 J6 Sent* 1 kicFi • 20 FL *2<gfLoceo WttH ft UF TD «W «2C< A wveeni^'fHiS' iSLSmS.^ mmjnmMT.JIM _ ^ M I w • mamrnm^ mm it rnmm 0-03 7/M V. novN LAND sumnno. ok. 30-03 r*.' «/f M • »a CoULMdtt'(3 Application Received: Application Complete: 60 Day Deadline: 3/19/03 3/27/03 5/26/03 TO:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM:Jennifer Chaput, City Planner DATE:April 23,2003 SUBJECT: #03-2884 John L. And Cheryl A. Fiebelcom 2730 Shadywood Road Variances -- Public Hearing Zoning District: Lot Area: LR-IB One Family Lakeshorc Residential District (1 acre) 0.48 acres (21,049.5 s.f.) Application Summary: The applicant requests the following variances to replace an existing 399 s.f. lakeside deck with a 550 s.f. lakeside deck: 1 . lakeshore setback of 68.3’ from the OHWL of Lake Minnetonka where 75’ is required; 2. hardcover within the 0 to 75’ lakeshore setback zone: 593 s.f. (6.8%) where none is permitted; 3. hardcover v '‘hin the 75’ to 250' lakeshore setback zone: 6,449 s.f. (52.3%) where 3,085 s.f (’5%) is permitted; 4. an encroachment of 22’ into the average lakeshorc setback; and 5. lot coverage by structure of 3,225 s.f (15.3%) where 3,157 s.f (15%) is permitted. The existing deck is beyond repair and requires complete replacement. The deck is currently “u- shaped” and the applicants propose to fill in the “u” area and replace the rest exactly as it exists. Exhibits: A Analysis Worksheet Application Survey Hardcover Calculations Existing and Proposed Plans Plat Map Property Owner's List Permit Issued For Deck Repair 10/23/2002 Permit Record Photos of Property B C D E r G H I J It03-2SS4 John and Cheryl Fiebelkorn 4/23/2003 Page I of 5 iim 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 OHWL (929.4’) of lakes classified as General Development. (Request: To allow a setback of 68.3 ’ from the OHWL of Lake Minnetonka where 75 ’ is required). 2. Section 10.22, Subd. 2 and Section 10.56, Subd. 16 (L)(l) & (2): Hardcover within 75 ’: Within 75 ’ of the shoreline there shall be no excavating, filling, hardcover. tcmporar>' or permanent structures. (Request: To allow 593 s.f. (6.8%) hardcover within the 0 to 75 ’ lakeshore setback zone where none is permitted). 3. Section 10.22, Subd. 2 and Section 1 0.56, Subd. 16(1) (2): Hardcover within 75 ’ to 250 ’: Between 75 ’ and 250 ’ of the OHWL there shall be no greater than 25% hardcover (Request: To allow 6,449 s.f. (52.3%) hardcover within the 75 ’ to 250 lakeshore setback zone where 3,085 s.f. (25%) is permitted). 4. 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 an encroachment of 22’ into the average lakeshore setback). 5. Section 10.03, Subd. 14 (C): Lot Coverage By Structure: For all lots ofO-1.99 acres in total area, the total eombined footprint areas of all principal and accessory structures shall not exceed 15% of the lot area. EXCEPTION: Regardless of lot area, every developed lot .shall be allowed at least 1,500 s.f. of lot coverage by a principal residence and garage structures. (Request: To permit 3,225 s.f. (15.3%) of lot coverage by structure where 3,1 57 s.f. (1 5%) is permitted) HUtory: In the summer of 1988, the property owners constructed a pool, spa and pool equipment building in the 0-75 ’ setback zone without City approval. In April 1989, the property owners applied for ' after-the-fact variances for hardcover on the 0-75 ’ setback zone; average lakeshore setback; structural setback from the OHWL of Lake Minnetonka; and a side setback variance for the pool equipment building (Zoning File #1353. Resolution #2620). The requested variances were denied because a hardship could not be determined for additional hardcover within the setback zone. The owners were required to remove the poo! and spa and fully restore the property. The pool equipment building was pemiitted to remain for the time being, pending an application for a lot line rearrangement. In June 1989, pmperty owners were granted a lot line rearrangement (adding up to 20 ’ in lot width from the property to the southeast) and an after-the-fact structure to structure variance (Zoning I-ilc #1401, Resolution #2640-A) to keep the pool equipment building where it was constructed on the southeast side ol the house. The sur\c)' with this application shows a portion of the driveway to be remo\ ed. However, the resolution does not reference any required hardcover removals and the driveway has not changed to date. H03-2SS4 John and Chervl Fiebelkorn 4/23/2003 Page 2 of 5 In October, 2002, the property owners applied for a building permit (Permit #P05705) to repair their existing lakeside deck. At the footing inspection, the Building Inspector determined that the deck could not be repaired due to excessive rotting. The property owners were informed that a new deck would require variance approval. Discussion: Setback from the OHWL of Lake Minnetonka The existing deck is located 68.3’ from the OHWL of Lake Minnetonka and it is proposed to be replaced in the same location. As it exists, the deck is “u-shaped” and the most lakeward protrusions are 68.3’ from the OHWL. Although the applicants are requesting to remodel the exisMPg deck to fill in the “u ” area with deck, they do not propose to go any closer to the lake than what exists. Therefore, there is no change proposed for the setback from the OHWL of Lake Minnetonka. Hardcover 0-75' Setback Zone There exists 8,709.75 s.f of area .vithin this setback zone. Of this area, 586 s.f (6.7%) is existing hardcover where none is permitted. The existing hardcover consists of a portion of the deck, a concrete patio, driveway and concrete steps. The deck, located above a portion of the concrete patio, is attached to the house and supported by posts, placed 4” outside the concrete patio, on the ground. 1 hcrefore, the additional deck proposed to fill in the existing “u-uhape ” of the deck will add 4” of hardcover along 19.7’ of width or 6.57 s.f.. Given this, the Iu»idcover within this setback zone will increase to 593 s.f. (6.8%). In the 1989 lot split application, a portion of the driveway (488 s.f), located from the north side of the garage to the west lot line, was shown “to be removed” on the survey. Of this area, 189 s.f is located within the 0-75’ setback zone If this area of the driveway was removed, the hardcover would be reduced to 404 s.f. (4.6%). 75 '-250' Seihac.y. Zone There exists 12,339.75 s.f of area within this setback zone. Of this area, 6,449 s.f (52 3%) is existing hardcover where 3,085 s.f (25%) is permitted. There are no hardcover additions propo.s,^d ir. this zone. If the a ca of the driveway proposed to be reduced in the 1989 lot split was removed, the amount of hardrov'*; »n thi* setuack zone would be reduced by 299 s.f to 6,150 s.f (49.8%). Avc.ace Lakeshore Setback The existing deck encroaches 22’ into the average lakeshore setback. The proposed deck is not proposed to encroach any further into the setback. The proposed deck will not change the existing vievs of the lakt from the neighboring properties. »03-2Sii-f John and Cheryl Fiehelkorn 4/23/2003 Page 3 of 5 Lot Coverage Bv Structure The existing structures on the property include the house with lakeside deck and pool maintenance shed, totaling 3,074 s.f. 04.6%). Since the deck is proposed to increase in area from 399 s.f. to 550 s.f., the structural coverage increases to 3,225 s.f. (15.3%) where no more than 3,157 s.f. (15%) is permitted. 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 deck has existed in this location since 1972; 2. The proposed deck replacement and addition will not change the structural setback from the OHWL of Lake Minnetonka or the average lakeshorc setback; 3. The additional deck A'ill increase lot coverage by structures by 151 s.f.; 4. The proposal will add 6.67 s.f. of hardcover within the 0-75’ setback zone and will not increase hardcover in the 75’ to 250’ setback zone; 5. To reduce hardcover in both setback zones, 488 s.f. of driveway could be removed; 6. There exists 87.5 s.f. of driveway encroaching onto the neighboring property that should be removed; 7. The deck would continue to provide a landing for three sliding glass doors located on the lakeside of the house; 8. There is an existing door that opens from the lakeside of the garage to the concrete patio; 9. The neighbors’ views of the lake are not greatly affected by the location of the deck; and 10. Other issues raised by the Planning Commiss''^n. Staff Recommendations: The proposed deck expansion increases the amount of structural coverage on the property beyond the 15% limit and increases hardcover in the 0-75’ setback zone, increasing the nonconfonnity. Therefore, staff can not support the proposed addition (filling in the “u” area). Staff can support the deck replacement as it exists today, without the expansion, if the fol ’owing hardcover removals are completed prior to footing inspection: 1. 87.5 s.f. of driveway encroaching onto the neighboring property; and 2. 488 s.f of driveway, reducing hardcover to 404 s.f (4.6%) in the 0-75’ st.back /one and to 6,150 s.f (49.8%) in the 75’-250’ setback zone. M3-28S4 John anJChenl Fiebelkorn 4/23/2003 Page 4 of 5 A CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $250.00 ($50.00 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) PROPERTY INFORMATION Site Address ^^30 7?nAr\ Application Date Reccived~Sj^/9 Amount Paid SSL Property Identification Number (P.I.D.) ^ Attach legal description to application if not included on required survey. Date Property Acquired g ______________^(month/year) 1 (do) (do noO also own the adjacent parcels of land. Present use of property: Y residential Zoning District:. other (specify)_ _ APPLICANT Phone (home) Name 'Fi^k^_L^nT>u Phone(work )7^3^7 .3 3 - t>77 Address: Cit\:^yg^/.g,/z»gy Zin:3yg?/- OWNER (if different than applicant) Name Address: Phone (home) _Phone (work)_ City:.. Zip:. DESCRIPTION OF REQ Describe request in detail ^ Ait^ tls At ^ M e£ ^TO^T Estimated Construction Cost $________ ll:TT^f?/#ic.€: PPotfcrc/c!^gc./c v/oTAr (attach additional sheets if necesSary) VARIANCES REQUIRED ___Lot Area ___Lot Width Hardcover .Lot Coverage Setback:Front Side Rear Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements:_____________ (attach additional^eets if necessary) jL REQUIRED SUBMITTALS All of the following InformaHnn llthinittrd bv the «nnl.Vo».n« . flrder for vour anpiigatjon to hr^sidgrprf ^ appiitaUftn gga<i|ing tlafy in 1. 2. 3. 4. 5. 6. 7. 8. Completed Application Fonn Certified Property Owners List of owners within 150' labels and niaf «« / Certificate of Survey (signed by a licensed surveyor) and include hardcover To;»gniphic survey (existing and proposed elevations) if any changes in existino grade are proposed. In addition, provide one (1) copy 8‘/i" x 11" for tvnrnH, »* ® Sketches or pla^ of floor & elevation views'^rovfde laV copj #h (include marital status) of all persons with^an interest L a ! applicant(s) if not current owner(s) As an addend^ 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 mrianct appliMtion Is not yomplete if the above informi.#{An has not hd>g>n j,includ^^, APPLICANT'S SIGNATURE ^c applicrmt hereby agrees to provide all information required or requested by the Zoning Adin.n.strator, agrees to pay additional fees (staff time not covered by original ftroavS an^o, consultant expenses tneurred in review of this application, and certinesTane information supplied is trueTmA^oirect to the best of hisriier knowledge. u JkI tl\ Dalerncc-w k .Joo a.Applicant’s Signatiire OWNER’S SICJNATURE 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 ComeU members for purposes^rflmrstigation and verification of this request l-ouncil Owner’s Signa,ture Date .3oo tz Applicant .muri^^e all submittals into^^ Cit)^'tifncM*« days before the Planning Co^ss'on Meeting. Plamting Conunission Meetings are held on the third Monday of^ach month. Applicanu mus be present at all scheduled review meetings of (he Planning Commission and Council. If an applicant is unable to anend a scheduled meetinrrieS tl ^ .••****^ * 1.. ■ > '• • .. . . y n 7 rr 7 ^K’:••• i. , ■••• ={.L ... 03/27/2803 12;12 952-935-9544 MINNESOTA RUSCO PAGE 02/06 M I rj *. F •; T A. RUS( X ) MNUe.ai73 S5S8 SmetiiM Dr. • Minnetonka, MN SS343 •Telephone (9S2) 935-9669 • ^ (9S2) 935-9544 visit our wetoite: www.mianMoanucaeaai CifyofOrano 2730 Kelley Pvkwty Orono. MN 55356 03/26/03 SUBJECT: Zoning Applicadoo #03>2884 To Whom it my Concern; Minnesota Rusco, hio. Was to replace all top boards of existing deck and remove old Qjiral staircase and repl^ with new. MNRusco^lied and was granted a pennit(/flPOS70S) for diis project We began to tear off ftce boards and comer plates and found wood rot There was enough rot diat we concluded foe deck was not structurally sound. Phoned Lyle Oman who came out to job site and slopped foe project and requested that the Homeowner file a variance ^plication. bi foe new application it is foe Homeowners request to fill in foe nddfoe space of foe current deck. Deck in its current form is a shape. The deck would be completely replaced struoturally, Meet City code and would not extend any closer to foe lakeshore than its current form. Under foe existing deck is an aggregate patio. We will need to cut into to patio for dnee new footings for support posts. Again, foe new deck or hardcover would not extend ai^ closer to shore line than foe existing patio. The center part of foe current deck would be extended out to be flush with ends, thus some of foe middle would be wifoin foe 75 ’ set back, but not any fiirther foan foe current hardcover of the patio. This project would have no effect on rain&U nm-off. Please do not hesitate to contact me at (952)935-9669 if you have my questions. Sincerely, ToddObek Production Manager MN Rusco, Inc. 03/31/2003 12:02 612 —471 —0300 FMS INTL PAGE 01 John A Cheryl Fiehelkorn 2730 Shadywood Road Exeelsior, BIN 55331-9599 Much 31,2003 OtyofOnmo 27S0KdloyPukwiy Orono, MN 5S3S6 Sid^ect: City of Oiooo - Vniiooe A|iplicatiofi #03-2884 Addeodum To: CifyofOronoPIttioiqgCommiitfoii S. StUeownt OfHudoli Our home wu desigaod tnd built with afl roonu on the lake^ hcviqg an glass whidows the width of each room and att rooms have sUdiug glass doon openhtg on to thedeck. Joha ft Chetyl Ficbclkofn SURVEY FOR: John and Cheryl Fiebelkorn Nfittm N88*37'W 195.0 N9*27*W 20.36 Scot* 1 Inch l?fuvevvfiv / / / / / / / N8ff37*W 104.0 Lot Atm ■ 31965.43i Sq. Ft. ffiTsi!iS.'AS’“7i77*S».<i. ft ftwar bnp. aurfoe* ±22.4% of Lst. Dock obovo oonenKo poOo • 400.79± Sq. Ft. f \\/ / tyi9TlN^CI^Tt> V // / / V /«k / / X «."S.ViCii:5 yysit*.^-' '^jLfagjsajfyjftrt sraa. A. »MV «X& Ml m 1U30 IfN UMD SURVEnNG. INC. 30-03 V4«i >■>« » n.15»1 - 1 V • V'' >' • . •• hasdcove SETBA.CK ZONES (CIRCLB ONQ EMSTTNQJHAltDCQVgW A. House __ CULATION WORKSHEET 7M50* 250-500* P 1/2- soo-iboo’ • • 1«4|6 X- X X B. * 'Qasue • ••• • • i C. DHvevtray X). SMewaBe E. Fade • •• *•••• • •• • -•• • •• . S.E. • 5.F. S.F. S.F. • •*X • X • •# • • •• • is.r. • • PacIo/IM^ F« LudscApe Uoderlila ByPltiClc Or Fa1)clc X X X X X X X o.i-g 3 TOTAL HARDCOVER IN ZONE TOTAL PROPERTT AREA IN ZONE •A *• • • • •______ + B PROROSEP HARDCOV^ IN • A. Kcuse ____________ : L«3|(h xlQO ViUCi ■ ■ 4c- .*■f & B. Garage C. Driveway D. Sidewalk PacIo/BMt’ WMC' X X X F. Landscape Uaderlala By Plastic Or Fabnc G. Other X X • X X X X y X X X IB B3 «S. cs IS8 TOTAL HARDCOVER IN ZONE * TOTAL PROPERTY AREA IN ZONE * A ------------- + B XlOO imsiiii. ___________S.F. 350,11 S.F. S.F. S.F. S.F. 5.F. S.F. __llSJ^. s.t. « 11 S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. y>-4 _____S.F. S.F. S.F. S.F. S.F. _S.F. f^^^’S.F. B •4. ••••• SETBACK ZONE:ATI090YORK 'f7&05^JYORKSHEET 250-500* ■P272- 500-1000* • • ooHonesr^ cmicutr MS • .•* * 1. *. r.. B.' *Otruc- ^ _ • ••• * * . ’ • *.• (i. Dsivewiiy' D. Sidewdle E. F«do/M»* F. Ludseqic Vadcdala ByFlutlc Or Fiibrfe L«m6 • • •• • • • • • •/ •• • • • m • X X X • .. - A X X X X X X X X X VUii 4fO ;V.: ;•. . •-.•.*• m= S.F. S.T. S.F. • .•IS.F. O. Odier<<frteP 4^6 ■•• ■ — +. B xXOO TB07OSED HABDCQV^ Tjsf A. Hotue CjbtiOfi&t OONCSSI^ fifS B. Gira^e C. Diivewry D. Sidewalk L*ei6 =M X X X £. FacIo/BMk- F; Landicape Uoderlala By Fiuttc Or Fabric X X X X X * ^ ajif)L»P3 X X X O. OtberStoO fA 4a£ TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZOlfl^ i * B XlOO ----------------^S.F. 521 -S.F. -S,F. S3Clt---S.F. S.F. -S.F. -S.T. ••sj. S.F. S.F. ZSS_55 2si4ifi^3_s.F. S.F. S.F. S.F. S.F. U S.F. .-Ml V A A S.F. S.F. S.F. S.F. S.F. • S.F. S.F. S.F. S.F ________S.F.2§53E s.f. 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Parcel Information Parcel ID 2111723240064 House Number 2730 • • Street Name 8HADYWOOD RD This is not a legally ncofd9d map. It represents a compUaUon of Mbnnatlon artd data from City, County, and State road authorities and other sources. •s’*-'***^' ->*u » RtM DATE U/17/05 ^ BATCH 5*1 HENNEPIN COUNTY PROPERTY INFORNATION SYSTEH PROPERTY ONNERS LIST REPORT NO. PZ^35^01 PACE I M)PROP AOOR OWNER NANE TAXPAYER NANE/AOOR 36 21-117-23 24 M04 02725 SHAOYWOOO RO N D A R A NEEK mCHAEL 0 i ROBERTA A NEEK 2725 SHAOYWOOO RO EXCELSIOR NN 55331 38 a-117-23 24 0005 02735 SHAOYWOOO RO R 6 GAY i S L GAY RICHARO GAY i SUE GAY 2735 SHAOYWOOO RO EXCELSIOR NN 55531 36 21-117-23 24 0020 00036 AOORESS UNASSZGNEO THONAS J CASEY ETAL THONAS J CASEY 2765 SHAOYWOOO RO EXCELSIOR NN 55331 PROP AOOR OWNER NANE TAXPAYER HAHE/AOOR 36 21-117-23 24 0021 00036 AOORESS UNASSI6NE0 S R BECK SPA BECK STEVEN R BECK 2745 SlUOYWOOO RO ORONO NN 55331 36 21-117-23 24 0026 00036 AOORESS UNASSIGNED JANES 0 GINTHER ET AL JANES GINTHER UNOIVIOEO 36 21-117-23 24 0030 00036 AOORESS UNASSIGNEO OAVIO r NAISER/NARY A NAISER OAVIO F NAISER/NARY A NAISER 2700 SHAOYWOOO RO EXCELSIOR NN 55331 PROP AOOR OWNER NANE TAXPAYER NANE/AOOR 36 21-117-23 24 0031 02700 SHAOYWOOO RO OAVIO F NAISER/NARY A NAISER OAVIO F NAISER/NARY A NAISER 2700 SlUOYWOOO RO EXCELSIOR NN 55331 36 21-117-23 24 0032 02720 SlUOYWOOO RO B A KVAN I J C KVAN TRUSTEES JOHN C I BEVERLEE A KVAN 2720 SHAOYWOOO RD EXCELSIOR NN 55331 36 21-117-23 24 0045 00036 AOORESS UNASSZGNEO NARGARET L LOWE NARGARET L LOWE 2630 LAFAYETTE RO W EXCELSIOR NN 55331 PROP AOOR OWNER NANE TAXPAYER NANE/AOOR 36 21-117-23 24 0061 00036 AOORESS UNASSIGNEO JOHN P THINNESH THONAS P HUBER 2615 SHAOYWOOO RO EXCELSIOR NN 55331 36 21-117-23 24 0062 00036 AOORESS UNASSIGNEO KURT 0 PFLUC I LISA N PFLUG KURT 0 PFLUG 2734 SHAOYWOOO RO EXCELSIOR NN 55331 36 21-117-23 24 0063 00036 AOORESS UNASSIGNEO S SHANNON 6 C SHANNON STEVEN A CINOI SlUNNON 6060 GANE FARN RD NOUHO NN 55364 PROP AOOR OWNER NANE TAXPAYER NANE/AOOR 36 21-117-23 24 0064 02730 SHAOYWOOO RO JOIM L FIEBELKORN JOHN L FIEBELKORN 2730 SHAOYWOOO RD EXCELSIOR NN 55331 36 21-117-23 24 0065 02740 SHAOYWOOO RO ELAINE T PA60N1S ELAINE T PA60NIS 2740 SHAOYWOOO RO EXCELSIOR NN 55331 TOTAL BATCH 501 00014 r I w (N vS L V. L mm M i/17/bs BATCH SBl HENNEPIN COUNTV PROPERTV INFw .TION SYSTEN PROPERTY OMNERS LIST i I**'f i‘.| i - % , report no. PIA35A01 PACE 2 # I J representaJmI of*tSJSI5*JtI!11'*'''^“ accurate and trues HE--'mortirTy taxation, TC^me \ fi f CITY OF ORONO 2750 Kelley Parkway - PO Box 66 Crystal Bay, Minnesota 55323 *2) 249-4600 PERMIT fV 1/6" Permit Number Permit Type: Date Issued: P05705 Addirion/Remodel/Repair 10/23/2002 SITE ADDRESS: 2730 Shadywood Rd Excdsflr,MNSS331 PID: 21-117-23-24-0064 • t DESCRIPTION: Proposed Use: Residential Permit Class: Building Permit Type: Additioo/Remodel/Repair UBC Occupancy RJ Construction Type VN Census Code 101 Permit Sub-type(s): Addn/Remodel/Repair DETAILS: Approved per resolution #: Separate permits required: NOTICES/REMARKS: .'EE SUMMARY: Permit Fee: Plan Review Fee: S 223.25 S 145.08 Valuation: S 12,600.00 State Surcharge Fee:$6.80 TOTAL FEE:S 375.13 4 i APPLICANT:MN Rusco, Inc. SS58 Snetana Dr. Minnetonka. MN SS343 OWNER:John Fiebekcm 2730 Shadywood Rd Excelsior MN SS331 THE UNDHISIGNED HEREBY REQUESTS PERMISSION TO MAKE THE REAL IMPROVENENTS SPEaFIED AND AGREES TO DO ALL WORK IN STRICT COMPLIANCE WITH ALL CITY OF ORONO ORDINANCES AND STATE OF MINNESOTA BUILDING CODE REQUIREMENTS APPLICANT PERMITEE SiCNATljRE • ISSUED BY SIGNAnjRE Cooia: l-AoriicanL 1-MoothlvReooits. I-Aasetsios. I-Fkiaice Pi«el I* .Total Fee: ‘ S Entered By: ri/fi— Date Received: /c^-F 'O^ Pennit#: AifTTi^S - ^ •Ha/5- • * I»• ■ CITY OF ORONO • BUILDING PERMIT APPLICATION 0 y V .t.:* All infonnation must be submitted In All! before plan review will be started. (please print all ir^ormation) THE APPUCANt IS:(drele one) OWNER ORV^ONTRAC^ ZIP:JOB SITE ADDRESS: ^30 SUoJZ^cocI? NAME OF OWNER^^6i^v^ MAILING ADDRESS: Z O *St>*>g^«.Aaac m PHONE: (home )*^Sa ‘ I (work)__________________ rrV: Drr^tr, ZIP:*g^3 L PHONE;CONTRACTOR: r//) —„ — CQNTACl'PERSCT^ fe>Pj? / _________________ MAILING ADDRESSl^52^Stt^I^_ CTTY; CirsQOtoU-ZBP: MQB1LE/PAGER:L la-1*3 dg STATE UCENSE: » • J. • e »• <*« •• • • • •*V* • • •:* ••••» •• «• • t • • • *•• a • • .• • .. ARCHTTECT/ENGEVEER: MAILING ADDRESS:___ NAME:______________ •• • • • • «__|_ •PHONE: . •• • • •, •• t” CITY:ZIP: REGISTRATION type OF WORK: New____ Addition ____ Accessory Strucaure Move _____ Remodel/Alteration Laud Alteration PROPOSpb WORK (describe in^eUnti: ~ RfidtUOnA e STORIES:SQ. FEET OF EACH FLOOR: NO. OF BEDROOMS:GARAGE STALLS: ATT.DET. L4>Ae^^ ESTIMATED CONSTRUCTION VALUATION (excluding land): S ]^jdOO I hereby apply for a building pennit and I acknowledge that the infonnadon above is complete and accurate; that the work will be In conformance with the ordinances and codes of the City and with the State Building Code; that 1 understand this is not a permit and work is not to start without a permit; and that the work will h<^ accordance with the approved plan. ^HSec, jair. APPLICANT'S SIGNATURE: Cp. __ DATE: 3. &<NOTE! Parade of Hemes events require separate permit r^roval by PoUce Department and City Council 60 days prior to the event. Son-permitted events wiU not be allowed.f Zd/t0 39Vd OOSnd VX0S3NNIW V^S6-SE6-ZS6 12:S0 2002/80/01 CHECK OFF LIST FOR ISSUANCE OF PERMITS FOR OFHCE USE ONLY ADDRESS C^UEGAL: '2*130 PH): ■ DESCRIPTION OF WORK: ZONING REVIEW BY: . BUILDING REVIEW BY: DATE APPROVED: /o-/y>o^ DATE APPROVED: FEES TO BE CHARGED: PERMIT PLAN REVIEW STATE SURCHARGE INVESTIGATION FEE SAC Number of SAC-Units Yes Yes Yes Yes Yes Misc. Fees Calculated By: No No No No No SEWER CONNECTION WATERCONNECnON PARK FEE SITEINSPECnON OTHER (specify) ' ZONING CHECK LIST Zoning District: /[JO Fire Department:Post Office: Lot Area: Sq;ft..Acres Survey Submitted: Proposed Setbacks: Front (Lake):Right Side Rear (Street):Left Side: Adjacent Structures: Building Height: Def. Hgt. School District: Width Depth Date of Survey: W etland: P( ak Hgt. Lot Coverage: Grading: Staff Approval Date: Septic: Staff Approval Date: Zoning File: #Resolution: # By:Council Approval Date: By: Resolution Date: Sboretand District: Avg. Setback: Hardcover:0-75‘ 73-250* 250-300’ 300-1000* Bluff Setback: Existing Lot Coverage: Proposed Hardcover Variance Required: Yes Date of Council Approval: REMARKS (in house): M /+4/5~I BUILDING REVIEW CHECK LIST UBC: Buemem 1st Root 2nd Floor Gange - • SqFoouge .X ,x ,x, x[ X CONSTTlUCnON TWE s Fer Sq Ftg 0 total Estimated Constnictloo Value: JaspttHoas Required: ____Sice _____Hardcover Removal Footing Work Requiring Separate Penults: Plumbh^ Mechanical Framing Insulation WaU Board ^Inal __Other .Septic _ Fireplace (Masonry) (Mfg.) Grading/Filling .Fire . Water Coonection Sewer Connection Lawn Irrigation Other _______ Well (Stttc Permit) Electrical (Sttte Pennli) REMARKS (IN HOUSE): review by OTHERS: Access: Existing PATE: New Access Approval: Date n By: remarks CTO be noted on PERMIT): v^r . GUARDRAILS 36" f/!N. HFJC.I-ST 4" MAX. OPoMiNGS^ 0 J DM il' V ^ * I * ='dsTS M (9 •OI GO fff"I : ro (9 (9 K> • • Joii+ Cuyv. 4 16 tU'' ojc^ d t o'^(9 U9 fO I-* /9* CITV OF .ORONO BUILDING RERh^T PLAN REVIEW CTOn-----j^(JLGL lO-IH-oi? ! tocn lO I to C&) Cl nC^MITNO^ jv . Q .iiJ __;□^’PnovEo,^sslll^^^r^fi^o OcoVi Sh , ^.i^’pRovEDVVlT:lcor^r^^c^oNSA2^IOTED! STAIRS 0* MAX. RAl.ncr: <J* .MIN. Y kCAD 6'-S* MIN. HE.'\nf:OOM AT LEAST ONE 11ANDK/.IL KtQUIRF.U GUARDRAIL OPEM SIDES D L'OrAPE.W.0-..C0Rf!D;T«r:.^SUBMIT • TVi:» cwwi^jnti nw l.v yj ir Wc^r.'^tfca At| w-a-X thc3 ba dona w luH eonv>'t*/)ctt wiih j.a btii!£:io a.vj totil.v| oxla, Ha^rormnls laduffeso lionus ium 5pitl!.fj.»y noled in this revtow 7 ^" Ki- [ME& ./4cjp^c.c.. lurw/Mf yaw ‘Y 3rir UftOU^ ^to l?3i 4 • H •I- _r •3" 1 s :• 0m— • ^ mm 9m m000 M* M •mim**** •• m II mmm m — mA mamm • m • m»m m > • • • I • I • • • ; TT OQ•:t I .» • Ji/t^ Vlhiil -/bp W/i5 fh fJtM) S\i^\f - ii/ml i/iV I ID CJ1 A ••• •• 0»m»a9mm • • •••••«•••• • •• •••mm 513' U*-\\ ^ i a / SPECIAL NOTE SEE AI flACKETD S.SEET FOR_tjAiOQflAIC i- orutn. tSGCk.. CODE requirements j C9 K) CD K) iBMi ^73 PERMIT RECORD Permit No. A7// Date Il7-7P Type of Permit _ A/f «u Ag6. /QW3>7^ ______________________________/^>-//- -£^.A)«FTg-^ :^.»LO _?!^s:7_?sz ^¥r. I"/ "fi< %. '•■'■•Jlmm mi if^ V f • '>• ,^-s.'. ^V-' '•• j^w-■ \.- te‘ >•'>»!i ami' sm [g’ PMs i^^SSSSOBSS wm ♦ V. • \V % \ ( r! L.' m? * h. xlQ J 5^1 illa®. tt 1/v fa wWgl p /: |^(!^ dm^J' mdJflM. T-lrr1''^^rr*i•,C -71 S' P, ’ P^^fJvA >.i r '^v' ^7S« < i i • 'v' -. ■■ ■ ■ "• -i \ >// / J •' • /v' \ , \ .. r / , / / . >\l. ^ * '^^ir fiLy^ )<ISIKI V?-y':A^W1 *V . ' . . ^ » ^J■^1 ,;:.s-%*'''a • • 'f i|iil- i i " y ’i ■ i," ?I ',3(1 1 W is',' !i■d3c rs|- i-Ji H •r w IL;r> i' 5*. • “ ;i/.! ‘ ’fv f .. .«V1 rjirr - r 1^1 i. ■. '•,•• - ■.: Siit ' < t t. .;. •:*: : if ;i IM . .' r H n _______________ Application Complete: 60 Day Deadline: 4/11/03 6/10/03 APR 2 8 2005 CITY ur OflONO REQUEST FOR COUNCIL ACTION Department Approval: Name: Jennifer Chaput Title: City Planner DATE: April 22.2003 ITEM NO. 9 Agenda Section: Zoning Item Description:#03-2887 Minnetonka Custom Homes 4753 North Shore Drive Variances Exhibits: A B Resolution StaffReport and exhibits of 4/21/03 Planning Commission meeting Application Summary: The applicant requests the following variances to permit construction of a new residence on the property: 1. lot area of 8,172 s.f. (0.19 acres) where 43,560 s.f. (1 acre) is required; 2. lot width of 50 ’ where 140' is required; 3. rear yard (street) setback of 19.2 ’ where 30’ is required; 4. side yard setback of 7.6’ where 10 ’ is required; 5. 480 s.f. (12.6%) hardcover within the 0 to 75’ lakeshore setback zone where none is permitted; 6. 2,051 s.f. (46.8%) hardcover within the 75’ to 250 ’ lakeshore setback zone where 1,095 s.f. (25%) is permitted; 7. 1,504 s.f of lot coverage by structure where 1,500 s.f is permitted; 8. 15 ’ setback from the top of the bluff where 30’ is required; 9. 6’ +/- encroachment into the bluff impact zone where none is permitted; and _____10. placing fill in a bluff impact zone where no fill is permitted. Pertinent Code Sections: 1. Section 10.24, Subd. 5 (B): Minimum Requirements: The following minimum requirements for the LR-1 B District shall be observ ed, lot area 1 acre; lot width 1 40 feet; rear yard 30 feet; side yard 10 feet. (Request: To allow a lot area of 0.1 9 acres (8,1 72 s.f) where 43,560 s.f (1 acre) is required; lot width of 50 ’ at the 75’ setback from the 01 IWL and at the OlIWL where 140 ’ is required; rear yard (street) setback of 19.2' where 30’ is required; and side yard setback of 7.6’ where 10 ’ is required). 2. Section 10.22, Subd. 2 and Section 10.56, Subd. 16 (L)(l) & (2): Hardcover within 75’: Within 75’ of the shoreline there shall be no excavating, filling, hardcover, temporaiy or permanent structures. (Request: To allow 480 s.f (12.6%) hardcover within the 0 to 75’ lakeshore setback zone where none is permitted). 3. Section 10.22, Subd. 2 and Section 10.56, Subd. 16 (L)(2): Hardcover w ithin 75* to 250 ’: Between 75 feet and 250 feet of the OHWL there shall be no greater than 25% hardcover. (Request: To ,-ermit 2,051 s.f (46.8%) hardcover within the 75’ to 250' lakeshore setback zone where 1,095 s.f (25%) is permitted). 4. Section 10.03, Subd. 14 (C): Lot Coverage By Structure: For all lots of O-1 .99 acres in total area, the total combined footprint areas of ail principal and accessory structures shall not exceed 15% of the lot area. EXCEPTION: Regardless of lot area, ever>' developed lot shall be allowed at least 1,500 s.f. of lot coverage by a principal residence and garage structures. (Request; To permit 1,504 s.f. of lot coverage by structure where 1,500 s.f. is permitted). 5. Section 10.56, Subd. 3 (2 &3) and Section 10.56, Subd. 16 (C)(2 &3): Top of Bluff Setback & Bluff Impact Zone: Structures must be set back 30' from the top of the bluff. The bluff impact zone is defined as the bluff and land located within 20 ’ of the top of a blufT. Structures and accessory facilities, except stairways, landings, and lock boxes, must not be placed within bluff impact zones. (Request: To permit a structure 15’ from the top of the bluff where 30’ is required; and an encroachment of 6 ’ +/- into the bluff impact zone where none is permitted). 6. Section 10.56, Subd. 16 (J)(5)(h): Filling in blufrimpaclzonc.s; Fill or excavated material must not be placed in bluff impact zones. (Request: placing till in a bluff impact zone where no fill is permitted). PLANNING COMMISSION: Planning Commission recommended by a 7 to 0 vote to: Approve the following variances to permit construction of a new residence on the property: 1. lot area of 0.19 acres (8,172 s.f.) where 43,560 s.f. (1 acre) is required; 2. lot width of 50’ where 140' is required; 3. rear yard (street) setback of 16.2 ’ where 30’ is required, finding that this will still allow for parking of vehicles in front of the garage while allowing the applicant to meet side setbacks and reduce the lot coverage to 1,500 s.f; 4. 354 s.f (9.34%) hardcover within the 0 to 75’ lakeshorc setback zone where none is permitted; 5. 1,965 s.f (44.85%) hardcover within the 75’ to 250' lakeshore setback zone where 1,095 s.f (25%) is permitted; 6. 14 ’ setback from the top of the blulT where 30’ is required; 7. 7 ’ +/- encroachment into the bluff impact zone w here none is permitted; and 8. placing fill in a bluff impact zone where no fill is pcmiitted. The Planning Commission found no hardship that supports the requested side setback variance or lot coverage variance and recommended denial of those variances. The applicants shall submit for building permit approval a design that meets the 10' required setbacks and does not exceed 1,500 s.f of lot coverage. Approval of the above-listed variances is conditioned on the following: 1. a permit must be obtained from Hennepin County to change the access to the property; 2. plans for building permit application shall include contours showing proposed grading and How arrows indicating drainage ways and rain gutters and proposed discharge points; 3. heavy-duty silt fence with steel t-posts shall be installed south of the home and north of the retaining wall. It is critical that erosion control be installed, inspected and approved prior to work on the site; and 4. the existing decks located within the 0-75’ setback zone must be reduced to no more than 32 s.f landings prior to footing inspection on the property. STAFF RECOMMENDATION: To approve the enclosed resolution. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed resolution. A RESOLUTION GRANTING CERTAIN VARIANCES TO MUNICIPAL ZONING CODE SEC TION 10.22, SUBDIVISION 2; SECTION 10.24, SUBDIVISION 5 (B); SECTION 10.56, SUBDIVLSION 3 (2); SECTION 10.56, SUBDIVISION 3 (3); SECTION 10.56, SUBDIVISION 16(C)(2); SECTION 10.56, SUBDIVISION 16(C)(3); SECTION 10.56, SUBDIVISION 16 (J)(5)(h);SECTION 10.56, SUBDIVISION I6(L)(I); AND.SECTION 10.56, SUBDIVISION 16 (L)(2) AND DENYING CERTAIN VARIANCES TO MUNICIPAL ZONING CODE SECTIONS SECTION 10.03, SUBDIVISION 14 (C); AND SECTION 10.24, SUBDIVISION 5(B) FILE NO. 03-2887 WHEREAS, Minnetonka Custom Homes Incorporated (hereinafter "the applicants") are the owners of the property located at 4753 North Shore Drive, within the City of Orono (hereinafter "the City") and legally described as follows ’ Lot 4, Block 6. BI’RGQUIST & WICKLUNDS PARK, Hennepin County, Minnesota, and that part of l.ake Street as dedicated in BLRGQUlS’l & WICKI.UNDS PARK, I lennepin County, which lies between the southerly extension of the east and west lines of Lot 4, Block 6, said BLRQUlSf & WICKLUNDS PARK (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances from Municipal Zoning Code Section 10.03, Subdivision 14(C); Section 10.22, Subdivision 2; Section 10.24, SuNlivision 5 (B); Section 10.56. Subdivision 3 (2); Section 10.56, Subdivision 3 (3); Section 10.56. Subdivision 16 (C)(2); Section 10.56. Subdivision 16 (C)(3); Section 10.56. Subdivision 16 (J)(5)(h); Section 10.56. Subdivision (L)( 1); and Section 10.56, Subdivision 16 (L)(2) to pennit construction of a new residence on the property, with a lot area of 8,172 s.f. (0.19 acres) where 43.560 s.f. (I acre) is required; lot width of 50 ’ where 140 ’ is required; rear yard (street) setback of 19.2 ’ where 30’ is required; side yard setback of 7.6’ where 10 ’ is required; 480 s.f. (12.6%) hardco\ er within the 0 to 75’ lakeshore setback zone where none is permitted; 2,05 1 s.f (46.8%) hardcover within the 75’ to 250 ’ lakeshore setback zone where 1,095 .».f (25%) is permitted; 1,504 s.f of lot coverage by structure where 1.500 s.f is permitted; 15’ setback from the top of the bluff where 30’ is required; 6 ’ ♦ /- encroachment into the bluff impact zone where none is permitted; and placing fill in a bluff impact zone where no fill is permitted, in the LR-IB ;'.oning district; and WHEREAS, after due published notice and mailed notice in accordance with Page 1 of6 Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Conunission held a public hearing on April 21,2003, at which time all persons desiring to he heard concerning this application were given the opportunity to speak thereon. Minnesota: 1. 2. 3. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono. FINDINGS This application was reviewed as Zoning File #03-2887. The property is located in the LR-IB Zoning District, where 1 acre is the minimum required lot area. The property consists of approximately 0.19 acres. The Orono Planning Commission reviewed this application on April 21, 2003 and recommended partial conditional approval by a vote of 7 to 0. 4. The Planning Commission made the following findings of fact: A. The lot was platted in 1888, prior to the adoption of the current zoning ordinance and requirements for blufl's; B. The 8,172 s.f. (0.19 acre) iot with a 50' width does not meet the minimum lot area (43,560 s.f. or 1 acre) nor lot width (140’) requirements for the district; C. The property contains an existing home and detached garage; D. Due to the size of the lot, it would be dilTicult to construct a home meeting all setback requirements or that did not exceed the required hardcover in the 75’ to 250’ setback zone; E. The existing detached garage and concrete driveway pad located within Hennepin County's right of way will be removed with this application; F. Completely avoiding impacts to the bluff would severely limit the size of the house on the lot. The proposal minimally impacts the bluff; and G. There is no hardship to support the proposed 10' setback from the side lot line or structural coverage in excess of 1.500 s.f. Therefore, the proposed home must be located no closer than the required lO'setback from the side lot lines and should be limited to no more than 1,500 s.f of lot coverage. Page 2 of 6 r* 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 will not adversely affect traffic conditions, light, air, nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and 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 applicants 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 10.24, Subdivision 5 (B); Section 10.56, Subdivision 3 (2); Section 10.56, Subdivision 3 (3); Section 10.56, Subdivision 16 (C)(2); Section 10.56, Subdivision 16 (C)(3); Section 10.56, Subdivision 16 (J)(5)(h); Section 10.56, Subdivision (L)(I); and Section 10.56, Subdivision 16 (L)(2) to permit construction of a new residence on the property with a lot area of 0.19 acres (8,172 s.f.) where 43,560 s.f (1 acre) is required; lot width of 50 ’ where 140 ’ is required; rear yard (street) setback of 16.2 ’ where 30’ is required: 354 s.f. (9.34%) hardcover within the 0 to 75 ’ lakeshore setback zone where none is permitted; 1 ,965 s.f. (44.85%) hardcover within the 75 ’ to 250 ’ lakeshore setback zone where 1 ,095 s.f. (25%) is permitted; 14 ’ setback from the top of the bluff where 30’ is required; 7 ’ +/- encroachment into the bluff impact zone where none is pennitted; and placing fill in a bluff impact zone w here no fill is permitted; and hereby denies variances to Section 10.03, Subdivision 14(C) and Section 1 0.24, Subtlivision 5(B), denying a variance to exceed the maximum allowed 1 ,500 s.f. lot coverage and denying the requested side yard setback variance. Approval is subject to the following conditions: 1.Council approval is based on the site plan submitted by the applicants as amended bv staff and as attached to this resolution as Exhibit A. Anv further amendments to the site plan may require further Planning Commission and City Council review. Page 3 of 6 ■aiklHiHik 2. 3. 4. 5. Approval is subject to the following conditions; a) a permit must be obtained from Hennepin County to change the access to the property; b) plans for building application should include contours showing proposed grading and flow arrows indicating drainage ways and rain gutters and proposed discharge points; c) heavy-duty silt fence with steel t-posts should be installed south of the home and north of the retaining wall. It is critical that erosion control be installed, inspected and approved prior to work on the site; and d) the existing decks located within the 0-75 ’ setback zone must be reduced to no more than 32 s.f. landings prior to footing inspection on the property. Authorities granted by this variance run with the property not with tiie applicants, but are permissive only and must be e.xercised by application for a building permit within one year of the date of Council approval, or these variances will expire on that date (April 28,2004). 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 undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City or Orono, Miimcsota at a regular meeting held on the 28th day of April, 2003. AITEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner (s) Page 4 of 6 tm. i It.' 11 n i ili <i niiri n mi »i i STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 28th day of April, 2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of April, 2003 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of ,2003,jjcrsonally 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 he/she/they executed the same as his/lier/their free act and deed. Notary Public Page 5 of 6 STATE OF MINNESOTA COUNTY OF HENNEPIN On this __day of appeared before me, ,2003,jjersonally who is personally known to me whose identity I proved on the basis of whose identity I proved on the oath/aUHrmation of 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 1 Page 6 of 6 I PROPERTY DESCRIPTION ( CUent tuppU9d) Lot 4, Block 6, BERCQUIST it WICELUNDS PARK. Hoaaopia Cnun{r> MinnesoU mnd CJ^at port of Loko Strooi mo dodIcmUd In BERCqUIST it WJCKLUNDS PARK. Honnopin Countjr. which Ileo botwocn eii« Bouthorijr extension of CJ^e ossi end west tines of Lot 4, Block 0, sold BERCQUIST it WJCKLUNDS PARK. 994.7 M 990.5 a COUNTY liPAD NO. 19 DnSTiNG HAPDCOVte 0-75 ZOWC 990.9 a mrnm «CfM0P Docking J49 SO, rr. Shoratna Praaarvotioft Surface (5LPA)SO. FT. Total Hardcaear 450 50 FT. ratal Area J.79I SO. FT. Percent o! Careraga I29X extSriHC HAADCOare 75-750 zone Buddioga 497 SO FT. Driva/WaSi/Dack 79J SO. FT. WaOa 22 SO FT. Total Hardeaear 1,512 SO rr. Total Area 4.MI so. rr. Percent of Careroga J-l 5Jf To 979.4 Cofilour pffoposo) HAPocovre 0-75 /owe 126^ Oackif%g Shoftn^ PraaaofoVon Moca (5LPAJ Total Hnrdco¥Of Total Area Parcant of Covaroca J48 50 n. IJ2 50. rr. so. rr. '^*5^ J.791 so rr. To 929.4 Contour psoposn) HAPocoycn 75-250 zone ^ so rr.l4^*'^ wo4$ 22 SO. rr. 2^ so IT. \^C\ oh 4. JO I so rr. Tolol Wor«#cc»**r Toloi Arao Percent ol Coraroqa 4yjj ^l4't^ N DPet-S mi' tc (ieMieP ■n> wD rrwe TM7'tiO 32 5p UVNDlMfrf- T 951.^ ■ «___ Qmramt M >Ka*a404-la-oj LAKE\ MINNETONKA 9ttm finLww at^ta-oj o Danotea iron monument • Donotaa otfaet atoka X 000-0 Oanotaa OMiaUng alav. (000 0) Oanotaa prooosad alav. —Danotea tuffoce droirega Pfopoaae goraga Poor ■991.5 Prapoaad toe al taundotion e*tu •992 Proeoaad lovesi floor «irv.«979 OCMCHUA/tK toe of ieen e^pa marked "pM*, Oami^onm C \r,r\DRA\!T\\P001 owe DEMARS-GA3RIEL LAND SURVEYORS, INC. JO JO Harbor Lorre No Plymouth. UN 5544/ PNm (76J) 559-0900 foM .V/OJ) 559-0479 1 hereby cari*fy that tht$ t.Trey. plan or report woa praporad by me or under my direct auperyr .tan and l/»«f t am a d%Ay Rag^ttarad Land Sureayor under the Lama a* tha Stota at Umnesato. FJe No. 12044 B Bauk^Poge 4 1 1—04 David C. Crook 1 Sro«4 Data 4*Mmn. Reg No 22414 CERTinCATE OF SURVEY roR MINNETONKA CUSTOM HOMES A (20$6UX'nuNl Application Received: Application Complete: 60 Day Deadline: 3/19/03 4/11/03 6/10/03 TO;Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Jennifer Chaput, City Planner DATE:April 23.2003 SUBJECT:#03-2887 Minnetonka Custom Homes 4753 North Shore Drive Variances — Public Hearing Zoning Dbtrict: Lot Area: LR-IB One Family Lakeshorc Residential District (1 acre) 0.19 acres (8,172 s.f.) Application Summary: The applicant requests the following variances to permit construction of a new residence on the property: 1. lot area of 8,172 s.f. (0.19 acres) where 43,560 s.f. (1 acre) is required; 2. lot width of 50 ’ where 140’ is required; 3. rear yard (street) setback of 19.2’ where 30 ’ is required; 4. side yard setback of 7.6 ’ where 10’ is required; 5. 480 s.f. (12.6%) hardcover within the 0 to 75 ’ lakeshore setback zone where none is permitted; 6. 2,051 s.f. (46.8%) hardcover within the 75 ’ to 250 ’ lakeshorc setback zone where 1,095 s.f. (25%) is permitted; 7. 1,504 s.f. of lot coverage by structure where 1,500 s.f. is permitted; 8. 15’ setback from the top of the bluff where 30 ’ is required; 9. 6’ +/- encroachment into the bluff impact zone where none is permitted; and 10. placing fill in a bluff impact zone where no fill is permitted.________________________ Exhibits: A Analysis Worksheet Application Survev Hardcover Calculations Proposed Flevations Topography Map Plat Map Property Owner’s List Permit Record Photos of Property B C D E F G H 1 J tt03-2SS~ Minnetonka Custom Homes 4'2S/2003 Page I of 7 LSIM r Pertinent Code Sections: 1. Section 10.24, Subd. 5 (B): Minimum Requirements: The following minimum requirements for the LR-IB District shall be observed: lot area 1 acre; lot width 140 feet; rear yard 30 feet; side yard 10 feet. (Request: To allow a lot area of 0.19 acres (8,172 s.f.) where 43,560 s.f. (1 acre) is required; lot width of 50 ’ at the 75’ setback from the OHWL and at the OHWL where 140’ is required; rear yard (street) setback of 19.2’ where 30* is required; and side yard setback of 7.6 ’ w here 10’ is required). 2. Section 10.22, Subd. 2 and Section 10.56, Subd. 16 (L)(l) & (2): Hardcover within 75’: Within 75’ of the shoreline there shall be no excavating, filling, hardcover, temporary or permanent structures. (Request: To allow 480 s.f. (12.6%) hardcover within the 0 to 75’ lakeshore setback zone where none is permitted). 3. Section 10.22, Subd. 2 and Section 10.56, Subd. 16 (L)(2): Hardcover within 75’ to 250’: Between 75 feet and 250 feet of the OHWL there shall be no greater than 25% hardcover. (Request: To permit 2,05 1 s.f. (46.8%) hardcover within the 75’ to 250 ’ lakeshore setback zone where 1,095 s.f. (25%) is permitted). 4. Section 10.03, Subd. 14(C): Lot Coverage By Structure: For all lots of 0-1.99 acres in total area, the total combined footprint areas of all principal and accessory structures shall not exceed 15?^ of the lot area. EXCEPTION: Regardless of lot area, every developed lot shall be allowed at least 1,500 s.f of lot coverage by a principal residence and garage structures. (Request: To permit 1,504 s.f of lot coverage by structure where 1,500 s.f is permitted). 5. Section 10.56, Subd. 3 (2 &3) and Section 10.56, Subd. 16 (C)(2 &3): Top of Bluff Setback & Bluff Impact Zone: Structures must be set back 30' from the top of the bluff. The bluff impact zone is defined as the bluff and land located within 20 ’ of the top of a bluff Structures and accessory facilities, except stairways, landings, and lock boxes, must not be placed within bluff impact zones. (Request: To permit a structure 15’ from the top of the bluff where 30’ is required; and an encroachment of 6 ’ +/- into the bluff impact zone where none is permitted). 6. Section 10.56, Subd. 16 (J)(5)(h): Filling in bluff impact zones Fill or excavated material must not be placed in bluff impact zones. (Request: placing fill in a bluff impact zone w here no fill is permitted). Discussion: Lot Area & Lot Width The existing area of the lot is 0.19 acres (8,172 s.f) where 43,560 s.f (1 acre) is required for the zoning district. The existing lot width is 50 ’ at the 75’. setback from the OHWL and at the OHWL where 140’ is required for the district. Neither the area of the lot nor the width is proposed to change w ith this application. However, variances are necessary because new' construction is proposed on the lot. Required Setbacks Setback from OHWL The proposed house is located 96 ’ from the OHWL of Lake Minnetonka, meeting the required 75’ setback. Side Setbacks The proposed house has a 10’ setback on the east side and a 7.6 ’ setback on the west side where 10’ is ^03-2887 Minnetonka Custom Homes 4 23/2003 Page 2 of? r required. It is the City’s policy to require that new construction meet the required side yard setbacks on a lot. The applicants are aware of this but have asked for the Planning Commission to consider the request. The proposed overhangs encroach 1 V2' into the setbacks. Rear (Street) Setback The proposed house is located 19.2’ from the rear lot line where 30’ is required. Currently, the existing detached garage and driveway area are primarily in the County Road right of w ay. With the proposed plan, the detached garage is removed and the driveway is relocated onto the property. The 22 ’ setback will leave room to park two or three vehicles off the right of way. Average Lakeshore Setback The proposed home is located behind the average lakeshore setback of the neighboring homes. Therefore, a variance is not required. Height The height of the proposed structure is two stories with a walk-out level on the lake side. The total height does not exceed 30’ as required by the zoning ordinance. Lot Coverage Bv Structure The only structure proposed on the property is a 1,504 s.f. house, exceeding the 1,500 s.f. permitted. Due to the size and dimensions of the proposed house, a number of other zoning ordinance requirements are unable to be met, but could be met (or magnitude of variances reduced) by making the house smaller. Hardcover 0-75 ■ Setback Zone There is 3,791 s.f. of area in the 0-75 ’ setback zone. There is currently 480 s.f (12.6%) of hardcover within this zone where none is permitted. The hardcover is not proposed to change with this application. The 0-75 ’ existing hardcover consists of one set of 4 ’ wide stairs providing access to the lake. There are also two decks constructed within the stairway. Although the stairs arc permitted for access purposes, the decks are not unless they do not exceed 32 s.f in area and serve solely as a landing. Neither the stairs nor the decks have building permits on file. Each deck exceeds 32 s.f in area. 75 ’-250 ’ Setback Zone There is 4,381 s.f of area in the 75 ’-250 ’ setback zone. There is currently 1,512 s.f (34.5%) of hardcover within this zone where 1.095 s.f (25%) is permitted. However, part of the existing garage and driveway is located within the County right of way and therefore excluded from the hardcover calculations. With this application, the hardcover is proposed to increase to 2,051 s.f (46.8%), Other than reducing the size of the home, there do not appear to be any other potential hardcover removals. 1*03-2887 Minnetonka Custom Homes 4/25/2005 Pages of 7 BlufTs Bluff Analysis A bluff analysis was conducted to determine if there is a bluff on the property. The following criteria were analyzed and all were found to be true: 1. Part or all of the feature is located in a shoreland area: Yes 2. The slope rises at least 25’ above the OHWL: Yes 3. The grade of the slope from the toe of the bluff to a point 25’ or more above the OHWL averages 30% or greater: Yes (62.5%) 4. The slope must drain toward the water body: Yes. Bluff Impact Zones The top of the bluff is located 84’ from the OHWL at 976.1 ’ in elevation. The bluff impact zone is defined as the land »ithin 20’ from the top of the bluff. Within this zone, no structures or accessory facilities (e.\cept stairways, landings and lock bo.xes) are permitted. The lakeside of the proposed house encroaches about 6 ’ into the bluff impact zone where no structures are permitted. Grading Within Bluff Impact Zones Since the deck of the existing home and the proposed home are located within the bluff impact zone, grading and filling will be required to demolish the existing structure and construct the new structure. Setback from the Top of the Bluff There is also a structural setback of 30’ from the top of the bluff. TTie proposed home is located 15 ’ from the top of the bluff, requiring a variance. Other Comments: City Engineer The proposed plans have been submitted to the City Engineer for review. To date, no comments have been received. DNR The topographic survey, illustrating the proposed home, has been submitted to the DNR Waters Division for review of impacts to the bluff on the property. To date, no comments have been received. Hennepin County fhe County reviewed the application and is supportive of the removal of the garage and concrete driveway from the County Road 19 right of way. The applicant should be aware that a permit will be required for a change in the access to the new home. The County would prefer that a turn-around be provided on-site instead of requiring a driver to back out onto the County road. This would require additional hardcover. No backup apron is currently proposed. History: The lot was platted as part of Bergquist and Wicklund’s Park in 1888. The house on the property has been in existence since the early 1960s. U03-28S7 Minnetonka Custom Homes 4/23/2003 Page 4 of 7 i‘i 1 In late 2002, the property owner was granted a vacation of the unimproved dedicated right-of-way of Lake Street at the shoreline of 4753 North Shore Drive (zoning file #02-2846). The vacated right-of- way has not been added to the property owner’s total lot area. Neighboring Properties The neighboring lots, 4745 to the east and 4755 to the west, are much larger in area and lot width, permitting larger structures to be constructed. The property at 4745 North Shore Drive is 21,377 s.f. (0.491 acres), the result of three combined lots, and 150' in width. The property at 4755 North Shore Drive is 19,173 s.f. (0.44 acres), the result of 2 Vi combined lots, and 125’ in width. In 1999, variances were granted to 4745 North Shore Drive (zoning file #2532) to permit construction of a two stall attached garage 3’ from the rear lot line where 30 ’ is required and 3,912 s.f (29.08%) hardcover within the 75* to 250 ’ setback zone where 3,363 s.f (25%) is allowed. The findings of fact stated that the proposed attached garage would be located within the property lines whereas the existing detached garage was not. Recent Bluff Encroachment Application In early 2002, variances were granted to 1405 Si.xth Avenue South (zoning file #02-2772) to permit construction of additions onto an existing home, encroaching on the bluff impact zone and within the 30 ’ setback from the top of the bluff. The following hardships were identified: approximately 40% of the ten acre property was buildable area, excluding wetlands, bluff impact zone and required setbacks; the home existed in a legal location prior to adoption of the bluff ordinance; the topography of the lot uniquely restricts the ability to make an addition onto any part of the house; and no addition could be built on the house that would not fall within the bluff impact zone. Hardship: 1 he 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 lot was platted in 1888 and the existing house was built in the early 1960s, prior to adoption of the current zoning ordinance and requirements for bluffs; 2. There are no permits on file for the stairs or decks located within 75* of the OHWL; 3. The average lakeshore setback and 75* setback from the OHWL are met with the application; 4. The proposed west side yard setback is substandard. It is the City’s policy to not allow substandard side setbacks for new construction; 5. The property to the east. 4745 North Shore Drive, was granted variances in 1999 to construct an addition 3’ from the rear lot line where 30 ’ is required; 6. If the proposed house met the side lot line setback requirements on either side, the house would be reduced from 1,504 s.f to 1,391 s.f; 7. The bluff impact zone and structural setback from the top of the bluff include approximately one third of the proposed structure. Comments from the DNR regarding impacts to the bluff have not been received at this time. However, avoiding any bluff impacts would severely limit the size of the house; >t03-28S7 Minnetonka Custom Homes 4/23/2003 Page 5 of 7 8. There is 480 s.f. (12.6%) of hardcover existing and proposed to remain in the 0 to 75’ setback zone. Although the existing stairs are compliant by width, the deck areas are not permitted. Reduction of the decks to a permitted landing size (32 s.f.) would reduce hardcover in the 0-75’ setback zone; 9. The application proposes to increase hardcover in the 75’ to 250' setback zone to 2,051 s.f. (46.8%), exceeding the 25% maximum permitted; and 10. Other issues raised by the Planning Commission. Staff Recommendations: Since the proposed home is new construction, staff can not support the side yard setback variance. Although the applicants are proposing a home of the allowable size for a lot of this area, the lot coverage by structure and side yard setback variances can be eliminated and hardcover in the 75’ to 250’ setback zone can be further reduced by reducing the size of the proposed home. Staff recommends approval of the following variances, amended from the original application to reflect 1 O' side setbacks, to permit construction of a new residence on the property: 1. lot area of 0.19 acres (8,172 s.f.) where 43,560 s.f. (1 acre) is required; 2. lot width of 50’ where 140’ is required; 3. rear yard (street) setback of 19.2’ where 30’ is required; 4. 480 s.f. (12.6%) hardcover within the 0 to 75’ lakeshore setback zone where none is permitted (staff would also support a reduction in deck sizes—see below); 5. 1,957 s.f. (44.7%) hardcover within the 75’ to 250’ lakeshore setback zone where 1,095 s.f. (25%) is permitted; 6. 15’ setback from the top of the bluff where 30’ is required; 7. 6’ +/- encroachment into the bluff impact zone where none is permitted; and 8. placing fill in a bluff impact zone where no fill is permitted. Approval of the above-listed variances should be conditioned on the following: 1. a permit must be obtained from Hennepin County to change the access to the property; 2. comments from the City Engineer should be incorporated into the proposed plan when received; and 3. comments from the DNR should be incorporated into the proposed plan when received. The Planning Commission may choose to further reduce hardcover in the 0 to 75’ hardcover zone by requesting that the two existing decks be reduced to the permitted 32 s.f landings. it03-2887 Minnetonka Custom Homes 4/23/2003 Page 6 of! ANALYSIS WORKSHEET LR-IB Lot Requirements: Hardcover Calculations: Lot Coverage By Structure; U03-2887 Minnetonka Custom Homes 4/23/2003 Page 7 of 7 A \ Dimensions Required Existing Proposed Lot Area 43,560 s.f (1 acre)8,172 s.f (0.19 acres) 8,172 s.f (0.19 acres) Lot Width 140 ’50’ (at the 75’ setback and the OHWL) 50’ (at the 75’ setback and the OHWL) Setback from the 75’96.9’96’ OHWL Rear Setback (Street) 30’24.7 ’ (house) O' (detached garage) 22 ’(house) Side Setbacks East 10’15.2’10’ West 10’14 ’7.6’ Setback from top of bluff 30’15’(deck) 29 ’(house) 15’ Encroachment into bluff impact zone No structure permitted 6’ encroachment (deck) 6’ encroachment Distance from shoreline Total area in setback Allowed hardcover Existing Hardcover Proposed Hardcover 0-75’3,957 s.f none • 480 s.f (12.6%) 480 s.f (12.6%) 75’-250’4,453 s.f 1,095 s.f (25%) 1,512 s.f (34.5%) 2,051 s.f (46.8%) Permitted Coverage Existing Coverage Proposed Coverage 1,500 s.f 1,127 s.f l,.504s.f Apr'21 2003 11145AH B0NE8TR00 ROSENE ANOERLIK 6516361311 P* 1 1 tf\t Bonestroo ^^Rosene •. i* Andeiiik& Associates Engineers & Architects ' (.. •• * * s I \ '* > # . / i ApiU2t,2003 ■•net 1/00. Iloiono. Andorflft ana Attonaett. Inc. if an Affinnatlvo Actlon/fqua! Oaiiortunity Employer and tmpleyoo Oorned rrlnclpaii: Otto C Bonestroo. P.f • Ma/vin L Sorvala. EE • Glenn ■ Cook. EE. • Eoberi G Sctiunicnt. E£ • Jerry A Bourdon. EC • Marc A. Haruon. EC Sanlof Consultantf ; Robert W. Roiene. EJ • Joseph C. Anderfik. El • Richard C. Turner. EC • Susan M. Cbcrfla CAA Affoclate Rrlnclpaii: Keith A. Cordon. EC • Robert R Eferferfe. EC. • Richard W. Foster. EC. • David O ioskota. EX • Michael T. Raulmann. EC • Tid K. Field. PC. • Kenneth E Anderion. PC • Mark R. Rolfs. EC. • David A Bonestroo. MB A • Sidney E WMIIamion, EJ„ LS • Agnes M. Rir>g. MJ A • ARan Rkk Schmidt. PE • Thomas W. Peterson. EE • James R. Maland. EC. • MHct B Jensen. EC • L Ehiiiip Gravel Nt. E£. • Daniel J Cdgerton. PC • Ismael Martincr PC. • Thomas A. Syfko. EE • Sheldon J. Johnson • Dale A. Grove. EC. • Thomas A Routhar. EC • Robert J. Devery. PC Offices: St. Paul. St Cloud. Rochester and Wilimar. MN • Milwaukee. Wl • Chicago. IL M%bslte: WWW bonestroo.com • A •(it Jeonifer Chaput .. Planner ,. City of Orono .V ; P^Of^»wc66 > '■ Crystal Bay, MN 5S323 ' . T :• ' i 47S3 North Shore Drive File No. 1394)3-000 put No. 03-2887 a Dear Jennifer: We have reviewed the certificate of survey showing the proposed new home construction on the property located at 4733 North Shore Drive, existing home will be removed prior to the new home construction. We have the following comments with regards to engineering matters: • The plans should include contours showing proposed grading and flow arrows indicating drainage ways. • The plans should be submitted to Hennepin County for their review and approval. • The plans should show proposed rain gutter locations and proposed dischuge points. • The plans show that the existing steps and retaining wall will remain. If this is incorrect the plans should be revised to show any improvements south of the proposed home and show all impacts to the bluff. The City should review whether any bluff impacts are permissible. • Heavy-duty silt fence with steel t-posts should be installed south of the home and north of the retaining wall. It is critical that erosion control be installed, inspected and approved by the City prior to any work on the site. If you have any questions please call me at (651) 604-4863. Yours very truly, BONESTROO. ROSENE, ANDERLK & ASSOCIATES, INC. Cc; Greg Gappa, City of Orono 233S \lrcst Highway 36 • St. Paul, MN 55113 • 651*636*4600 ■ Fax: 651*636*1311 ! 9^ % 4A * ' • • CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee S2S0.00 ($50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non-conforming structures $250.00 Afrer-the-Fact Fees (Double application fee) PROPERTY INFORMATION Site Address HlS^ no. Application # Date Received 3 //*! /^3 Amount Paid OO, ^ Property Identification Number (P.I.D.) oi^ Attach legal description to application if not included on required survey. Date PropcEty^ Acquired I (do) n^ also own the adjacent parcels of land. Present use of property: X residential ___^other (specify)_ Zoning District: / Pv ~ i ft_____________________________' ,(month/ycar) lAlO^ applicant Phone (home) (olX ~ fcoo - •7s~/6 -6»a 9*«>*^*^ Name TVvc- Phone (work) WSr»or Szjr-a.- Address: o39s~o Z~st.<k»*o t/n_«o V^)a. City: __________ Zip: S~S~36V OWNER (if different than applicant) Name Address: Phone (home)_ Phone (work)_ City:Zip: DESCRIPTION OF REQUEST Estimated Construction Cost S_______________^ Describe request in detail: Co/vsrat*><r<o<v - /!\oo co/th -rurL UA(i~,Auc«. < (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area Lot Width y X Setback: ___Other (specify) X Front X Side Hardcover Rear Lot Coverage Average Lakeshore H.\RDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: 5rc A-rrAt ma^cat - (attach additional sheets if necessary ) / / 6 iT t required submittals far yoMr apnlIcation^n"h^con°i,i^rprf application deadline in 1. © 3. 4. 5. 6. 7. 8. Completed Application Form ““ ■>'" -pGovt Center, 348-5910). ^ ^®P^tnenl of Finance, A-603, reproduction. ’ P™"*'' O «py sy,- x li" [J,. °din existing grade property. This would include name(s) of aDDhcantrlvr^°?^ As an addendum to this application pleasVaSirh « ! o^vner(s). you vrish notified of this application. ®parate list of any other persons Additional items as may be requested by City staff. The Applicant and Property Owner must si^i tii;c « v • APPLIC^T’S SIGNATURE AdmiiSstrator, agree^^to^^ndditiSnal fees^lta^^^ '■®'«“®sted by the Zoning consultant expenses incurred in review of this aoDlica * payment) and/or supplied is tnie and correct ;o theji^of ^n^onn-tion Applicant's Signature ^5//c/o OUTVER’S SIGNATURE entiy onto the property by'cl'y s"aV ronsuhallir agen?'Coi^' ^““"aWe raentbers for pun>oses oynvcsJig«imi,^nd ve,ifica,’ion „f ,hifr^l^!°" Ow ner’s Signature ' ^1 Applicant must have all submittals into thf rifx, «rr . Meeting. Planning Commission Meetings -are held on Planning Commission Applicants must be present at all schedulLrevleiv Lri ^%^i''^„^°"^^^ *«onlh- puncil. If an applicant is unable to attend a scheduled Commission and have an authorized agent attend in your place and to adv!c #r arrangemfents to change prior to the meeting. ^ ® Building & Zoning Office of thi^ -i •*i • • •• * % # ♦ ^rr V. • . -1^ _ HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS We are applying for hardship variances on the side and front (roadside) setbacks on this property. This property is less than 10,000 sq.ft, so we are building a house with a maximum foot print size of 1,500 sq.ft. This property currently has a garage that is less the 5 ft. off the road, which is clearly a hazard, and is 7.3 feet off the side of the property. We are proposing to tear down existing structures in this variance application, instead of our back-up plan to remodel the existing buildings, because we feel this is the best use of the property. This property slopes off quickly to the lake at the back of the house. We are staying within the rear setback primarily because of safety. We feel moving the house any closer to the cliff would cause two problems. First, we would need another variance (we are tiying to minimize the number of variances), but most importantly we feel that it could be a hazard for the homeowner exiting and using their walkout basement. We are proposing slightly wider, but shallower house to give us enough room at the roadside to safely park a guest vehicle off the road and not push the house too close to the lake that we have a setback and a safety issue. We are also removing an existing hazard that sits even closer to the property line then our proposal. In addition, Mr. Everson, the property owner on the side we are asking for the variance for, is in favor of our proposed plan. i •• ^ , IT*#- tT‘J U T i-fim' )NAKU. FKLLb'i. LORliN SURVEYING & ENGINEERING CO. Minnetonka, MN 55345 Phone (952) 474 7964 Fax (952) 474 8267 :OREN PELLET R=2802.15 ____ L=29.75 A * C\/2. SWBVE-Y ©F (70 V nber, 2001 DRAFTED: December 11,2001 1,2002, to show changes in hardcover tabulations. DN: iQUIST & WICKLUNDS PARK, Hennepin CounQr, Minnesota. 1 and direction of boundary lines of the above legal description. The scope of our services teimining what you own, which is a legal matter. Please check the legal description with yom- ith competent legal counsel, if necessary, to make sure that it is correct, and that any matters of ents, that you wish shown on the survey, have been shown. on of existing improvements we deemed important nents or verifying old monuments to mark the comers of the property. *wn the boundary of the property as an extention (dashed) of the original lot lines from the original e plat to the ordinary hi^ water mark, there are legal questions, that only a court can decide, on how 1 this plat gain as the lake recedes should be divided among the lot owners. If this is of sufficient eiqrense and time involved in a legal proceeding, you could consult with an attorney about the tit to resolve this question. ating hard cover and area of the lot for your review and for the review of such governmental agencies on over hard cover requirements. DLS & COm^ENTIONS: pipe with plastic plug bearing State License Number 9235, set, unless otherwise noted. tis plan, specification, report or survey was prepared by me or under my direct am a licensed Professional Engineer and Professional Surveyor under the laws of i. & P.S. No. 9235 GRAPHIC SCALE ( IN FEET ) EXISTING RESIDENCE I [pmpj/L 6Awc£_{». ; -----ig.ea— RSTAININC WAU. € tq.fL ‘CCNCROEIO* .SLAB I'CB 32 K|.n. |> N 87*25 ’03* E fOUNO t/2‘ EXISTING RESIDENCE EXISTINC DECK I 7 —50.00 — 1 • S 89-22 ’50* E 'FOUND t/2’ COSTING DECK ORDINARY HIGH WATER ELEVATION 929.4 lake \ SHOROJNE AS OF ---------------12/5/2001 t:' :ONARD, PELLET. LOREN SURVEYING & engineering CO. 1 Minnetonka, MN 55345 Phone (952) 474 7964 Fax (952) 474 8267 R=2802.15 L=29.75 suiev/eY oo-H PBoeceEo RD-M----------NQJ9 $ / rmber,2001 DRAFTED; December II, 2001 !4,2002, to show changes in hardcover tabulations. 20,2002, to show proposed const. ON: ■jQUIST & WICICLUNDS PARK, Hennepin Coun^, Minnesota. ^FOUND 1/2' "I--------- ------19.88 — N 87 ’25'03" E 1 and direoion of boundary lines of die above legal description. Tie scope of our services t^mntnmo u/nat vnii own a _______m______ • . . . / ------- utauiifjuun. termining what you own. which is a legal matter. Please check the ith competent legal counsel, if necessary, to make sure that it is correc ents, that you wish shown on the survey, have been shown, on of existing improvements we deemed imfoitant;-------- ega! description with your . and that any matters of E3ST1NG RESIDENCE ......w w. ...i; lu iiiaiK tHe comers oftRe ’property. I ______ I this plat gam as the lake i^edB should bcMaamong the lot owr/rs. If this is of sufficient expense and time involved in a legal proceeding, yju could consull with an anotney about the rt to resolve this question. ------ iting hard cover and area of the lot for your review and for the review of such governmental agencies >n over hard cover requirements. «scik.ics )LS & CONVENTION'S: lipe with plastic plug bearing State License Number 9235. set. unless otherwise noted. s plan, specification, report or survey was prepared by me or under my direct m a licensed Professional Engineer and Professional Surveyor under the laws of PR0?05«D EXISTING RESIDENCE ^ \ U io I / in .™..A1NINC WALL > 20 aq.ft 37 iq.tt" — DECK ; P.S. No. 9235 RIPTION, Port of Lake Street proposed to be vacated* Lake Street os dedicated in BERGQUIST Sc V/ICKLUNDS =pin County. Minnesota, which lies between the tension of the east and west lines of Lot 4 Blork ;quist Sc wicklunds park . graphic scale Portion of Lake Street proposed to be vacated.- v)pb£-f«eo^ ZJAW DOSTINC STAIRS y 246 sq.ft ----50.00 ---- vS 89-22 ’50“ E ’ffNC£ 10 so.fl ; roMo t/3’ T rCUSD 1/2' existing DECK EXISTING DECK 1 1 A ‘1 1 1 k 11 1 I ‘1 1 i j 11 1 i ^ 1 1 1 i 1 1 1•1 1 1 i 1 1 1 1 1 1 * 1 1 X i 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 ------------1 __ 11 _____________ I 1 _______ 1 L.'fc. erosion ( IN FEET ) OROlNARr HIGH WATER elevation 929.4 lAA'F M/NA^TOm'A bAliuItt., \ \ SMORCJNE AS or V------12/S/2001 hakdcoye SElBACKZONEt (CIRCLE OM^)CULA.TION WORKSHEET 1/2 75-250* 250-500' 500-1000* • • X- X X I. 7* • • • 6.* *Q«nie- • m* m • • • C. VAwtny •• ••••• • • # •i #■ • • •• ^ • • • V • • X • X D. Sldewdk X X E.-I>«tl«/Deck X X F. Ltndscape _______ Vaderltia ______ By Flutic _____ Or Fdbtle o. QAuntcsegirtm^ X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE * ■ - • ' • ’ B PROPOSED HARDCOVra • A. House _____________ Lcajch X X X B. Gaxa^e C. Driveway X X D. Sidewalk X X E. BttWmeck X X F; Laadscape Uaderlala By Plastic Or Fabric X X X • • xlQO J Videi as TOTAL HARDCOVER IN ZONE ’ TOTAL PROPERTY AREA IN ZONE * A _______• + B XlCO S.p. S.p. S.p. S.p. :s,p. S.P, S.F. S.F. S.F. 34^S.F. S.F. S.F. S.F. ___’■'SJr, 1*^2 S.P. 4go li. S.F. S.F. % S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. 341 S.F. S.P. S.P. s.p. s.p. 1^2 s.p. s.p. s.p. A £ SSIBA.CKZ<K4E; EH^g nancQTEB w roig «WWiW5< —=—^ * ORKSBEET 350-500* P2/2- soo-iboo* • • Liaif6 * X X X S.l:. S.1^. s:f. *• • B.* *Gtnj;e • • • • w. C. Jydvcvny^ fifvtm • • • • • •* •#••• • •• •• ______• •• •• • . • • :-----------' • : * • •• • • X X • . * - V* • • / •• • ^ •• • D. \mi6 X X £. Patlo/Dcck X X F. Lutdscape Voderltia B/FIude Or Fabric X X X O. Other J®^^^^ARDCOVER1N20NE TOTAL FROPBRTT AREA IN ZONE " • •-• •■ • — +. B EBQgQSEP HARJCOVljp iv A. Hoiuc X X X B. Gaxi^e C, Driveway / Wffl^OUKV X X X X £. Pado/Dcck X X F; Landscape Ucdedala By Plastic Or Fabric X X X G. Other TOTAL PROPERIYi^JJ^^i^?® + B xlOO xlCO -llS.F. • • 233til:s.F. _______S.F. j.gj. 3321 to: S.F. S.F. S.F. S.F. S.F. S.F. .;:__Ll-sj. 5.F. S.F. S.F. 55 IgOM' S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F S.F. 1 3t^\f. A B f 1 • •MM —r: r-^-^ ^s^rwer SIDE ^V^vMicisi \ **10'' 'ft..'/ '.A(Iv)M tW xCf ••« i/) OP ?Mf&seo ^tme SCMCS Yi r W" IBii* • • • • •iifc , -^ - H i, WO Scirrt£ 1 '1 _______ / I L aa 1 o CJ o •• rjua a iPc C9 01 l\3 I •h 0) I a 03 U LA^^voe fel^wncr>i «F PVePcseD H«v€ . **> t-J , K.7<-. ■■>-’ *. ' , ■ ■-’>•' v‘>a: ^ A' ' - >y... ,j - A *^--i>-y-.■ V . I -S'. ;■, •-' ^ "Ui r: V^V -A. c • II. »■;!, ^A:m A^Aa■■■-:'• '■ ■ ’-j A:/A-/AA^;^ ‘''''•^?..:i:it,<^liy • : :ai m -V ASIw' '■' * V.: iBir. ■1.!'■:•; I « • I: !■;, ; ••• V. - : .--, j .. .,;' i -^••••... ,'.• . ‘>J- :^e -'» iiVA' A .,-. '^ . / "'iT >" ^ ^ ''^ ■ '^- ' £-jlf'> SVStCM 3 AJori-A •S^horC 1 Type of Permit _ ^• CjyVtj n .exXu^ ^ Uxiii T-/o a 1 . 1« m ?:>•: s;:;^ ‘ • V it?'f. ry, -^(.i ....... • i • ■ «’ K \:, “* • >• ■ V ' '* ‘> *yj f •» t /lElV ViCoV'^ PE-TAlMMi U'fM^t. l-X)iCAHiS- UXIiV, ^O'.KT SIDE £>:i9r>.M6 rfev-Se N \ylo m JT & > 'N ‘ 'tiS */ m-m ’ - ;A I A V’ i V*^ ^1|. Mhkm '•.1 ;-ii ?. % , -^- - f,- #pir iHSI' llihia^ .M:: •:»’A* I*-' *J-. ''■’f^" i ki>l >. — /-u^Tr*!^ v»«Srv^« m '.y^ ~ ;•*< ->'•'■<;■»'. j*g5»Yv -^ .* '^Jk' * •*• 5^v\;>p \"ie'\j Soim -r T'etATt^rP ^Ak^p.^r (LIE'S ^:'f ^}^^^XiK6r At-useS f APR 2 8 2003 Application Dote; 3/2l.'03 60 Day Deadline: 5/19/03 oi i f ur ORONO REQUEST FOR COUNCIL ACTION Department Approval: DATE: 4/22/03 Name Wendy Bottcnbcrg ITEM NO.: /O Title Planner Agenda Section: Zoning Item Description: #03-2888 James Cusack 4140 Highwood Road Variance Renewals Zoning District: Lot Area: LR-1B One Family Lakeshore Residential District (1 acre) 11,888.75 s.f. (.27 acres) List of Exhibits: A Resolution B Staff Report and Exhibits of4/21/2003 Application Summary: The applicant owns the subject property and is requesting to renew lot width, lot area and an accessory building without a principal structure variances to construct a new residence on the lot. The proposal is the same as previously approved as File #02-2760 on March 25, 2002. Pertinent Code Sections: 1. Section 10.24, Subd. 5(B): Lot Width: The lot is 51 feet wide where 140 feet is the minimum lot width for the LR-IB zoning district for new construction. 2 Section 10.24, Subd. 5(B): Lot Area: The lot is 11,888.75 s.f. (.27 acre) where 43,560 s.f. is the minimum lot area for the LR-IB zoning district for new construction. 3. Section 10.03, Subd. 9:(Accessory Buildings): No accessory buildings or structure shall be constiucted on any lot prior to the time of construction of the principal building to which it is accessory. 4. Section 10.22, Subd. 2 and Section 10.56, Sulxl. 16(L)(2): Hardcover in 500-1000' setback zone: Within 500-1000’ of the shoreline there shall be no greater than 35% hardcover. To permit 295.23 s.f. (94.9%) hardcover where 108.88 s.f. (35%) is allowed. Discussion: The existing residence that was built in 1920 will be removed. A lot width variance is required due to the lot being 51 feet wide where 140’ is required in the LR-IB zoning district. tk i A lot area variance is required due to the lot being 11,888.75 s.f. (.27 acre) where 43, 560 s.f. is required in the LR-IB zoning district. An accessory building variance is required because Orono zoning code does not permit an accessory building on a property without a principal structure. Currently there is an existing accessory building (detached garage - 20' x 22') located on the property. A garage is not proposed in the new residence plans, so this building will be the only garage/storage facility on the property. The applicants have submitted building plans for a new residence and the detached accessory building will remain. Hardcover: A hardcover variance in the 500-1000' setback zone is required because access to the detached garage is in the 500-1000' setback zone. This area is a very small portion of the property. It is also the only access to the garage and is provided via a driveway easement at the rear of the property. There is no feasible way to reduce the area of the driveway yet have it remain functional. The parking area adjacent to Highwood Road will also be retained. It is necessary given the narrowness of that road. Note that the 250-500’ setback zone will be at 29.3% where 30% is allowed. Crediting the 500-1000’ setback zone with the unused 250-500’ hardcover (77 s.f.) reduces the 500-1000’ overage to Just 109 s.f. PLANNING COMMISSION: Planning Commission reviewed the requested variances and site Issues at a public hearing held on Monday, April 21,2003. Planning Commission recommended by a 7 to 0 vole to: Approve the application as presented. STAFF RECOMMENDATION: To approve the enclosed resolution. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed resolution. • 1 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5 (B) SECTION 10.03, SUBDIVISION 9, SECTION 10.22, SUBDIVISION 2 AND SECTION 10.56, SUBDIVISION I6(L)(2) FILE NO. 03-2888 WHEREAS, James U. Cusack and Christine M Grace, (hereinafter "the applicants") are the owners of the property located at 4140 Highwood Road within the City of Orono (hereinafter "the City") and legally described as follows: Lot 36, Highwood. Lake Minnetonka, Hennepin County, Minnesota, (hereinafter “the property"); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.24, Subdivisijn 5 (B) to permit a new single family residence on a lot of .27 acre area and 51* width where I acre area and 140’ width are normally required; Section 10.03, Subdivision 9 to permit an accessory structure on a lol without a principal structure; and Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16(L)(2) to allow 295.23 s.f. (94.9%) hardcover in the 500-1000’ setback area where 108.88 s.f. (35%) is allowed. 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 18,2002, 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 wa.s reviewed as Zoning Fite #03-2888. 2.The property is located in the LR-IB Zoning District, where 43,560 s.f. or 1 acre is the minimum required lot area. The property consists of appro.simately 11.888 s.f or .27 acres. Page 1 of 5 3. The Ororio Planning Commission reviewed this application on April 21,2003 and recommended approval of the proposed variances based upon the following findings; A. The property has been developed with a residential use since at least 1950. B. The site plan indicates the proposed setbacks meeting 1 0’ side yard, 35' front yurd and 30' rear yard as required for LR-IB zoning district. C. The detached accessory building will be the only garage/storage space on llic property. D. The lot size is consistent with that of other developed properties in the neighborhood. n. The adjacent properties on cither side of applicant’s property are developed with existing .single family residences, hence no additional land is available to make the lot largei. F. The residence and garage meet the 1 5% lot coverage by structures for the property. G. The hardcover variance is necessary because the 500-1000' zone which contains the driveway, is a very' small part of the rear of the lot. There is no other hardcover that can be removed to compensate. 5. I he City Council finds that the conditions existing on this property arc peculiar to it and do not apply generally to other property in this zoning district; that granting the variances will not adversely affect trafiic conditions, light, air, nor pose a fire hazard or other danger to neighboring property; would not merely ser\ e as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to prcser\ e a sub.stantial property right of the applicants; and would be in keeping w ith the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5. 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 variances on the health, safety and welfare of the community'. Page 2 of 5 r 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 10.24, Subdivision 5 (B) tc allow new single family residence on a lot of .27 acre area and 51' width where 1 acre area and 140' width are normally required; Section 10.03, Subdivision 9 to allow an accessory structure on a lot without a principal structure; and Section 10.22, Subdivision 2 and Section 10.56. Subdivision 16(L)(2) to allow 295.23 s.f. (94.9%) hardcover in the 500-1000' setback arc where 108.88 f .f. (35%) is allowed. Approval is subject to the following conditions: 1. Council approval is ba.sed on the site plan submitted by tlie applicant attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. 2. Authorities granted by these variances run with the property not w ith the applicants, but arc permissive only and must be exercised by application for a building peniiit within one year of the date of Council approval, or these variances will expire on that date (April 28, 2004). 3. Violation of or non-compliance with any of the terms and conditions of these variances shall constitute a violation of the /:oning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City or Orono. Minnesota at a regular meeting held on the 28th day of April, 2003. Arn:sT: Linda S. V'cc, City Clerk Barbara A. Peterson. Mavor Property Owner Property Owner Page 3 of 5 r STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged: before me on this 28th day of April. 2003 by Barbara A. Peterson, Mayor of the City of Ore no, a Minnesota municipal corporation and said instrument was executed on bchr.lf of the City. Notary Public STATE OF MINNESOTA COUNl Y OF HENNEPIN I'he foregoing instrument was acknowI<?dgcd before me on this day of April, 2003 by Linda S. Vec, City Clerk of the Citv '‘TOrono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public S I ATE OF MINNESOTA COUNTY OF HENNEPIN On this /lay of ,2003, pcrsonaiK appeared Icfore ri*v, ____ who i.s •'•rrsonaliy krovn to me ____whose jclenlitj I prove/I i>n tlie basis of whose ideality I proved on the oath/'aflinnation of . a credible witness and who executed the foregiung insirument, and acknowledged that he/she/they executed the same as his/her/their free ae* and deed. Notary Public Page 4 of 5 STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of ,2003, personally appeared before me, ____who is personally knoNVTi to me ____whose identity I proved on the basis of ____whose identity I proved on tl.e oath/affirmation of witness a credible and who executed the foregoing instrument, and acknowledged that he/shc/they e^,ecuted the same as his/her/their free act and deed. Notary Public Page 5 of 5 JKJil / h'nihV/nnn Building Permit Survey AXAm ffJML/5 Xf, w Xsr H*cr rr *«»« «Lf t«*« «A Srais;—* rnmmmmmum mmttrnmmmarn, ’rn^mrnmmi # •m Mm ^ O »( IMM4 0 49m»— ITM 9%« Ml U !••«<»••• •••I I..SI, CirtilwU »y H#My M !•# M wowm^ M«r HMTIOMtA J/Vn Cusack f/tf/ry> Ilf If 1 4«Af 1 ^VVlL° S»SK = 4/4*- nur r ffTf TO:Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator FROM: DATE: Wendy Bottenberg, Zoning Administrator/Planner April 21,2003 SUBJECT:^03-2888 James Cusack 4140 Highwood Road Renewal Variances -- Public Hearing Zoning District: Lot Area: LR-IB One Family Lakeshore Residential District (1 acre) 11,888.75 s.f. (.27 acres) List of Exhibits: A Analysis Worksheet Application Plat Map Property Owner ’s List Staff Report and Resolution of File #02-2760 B C D E Application Summary: The applicant owns the subject property and is requesting to renew lot width, lot area and an accessory building without a principal structure variances to construct a new residence on the lot. The proposal is the same as prcvionrly approved as File #02-2760 on March 25,2002. Pertinent Code Sections: 1. Section 10.24, Subd. 5(B): Lot Width: The lot is 51 feet wide where 140 feet is the minimum lot width for the LR-IB zoning district for new construction. 2. Section 10.24, Subd. 5(B): Lot Area: The lot is 11,888.75 s.f (.27 acre) where 43,560 s.f is the minimum lot area for the LR-IB zoning district for new construction. 3. Section 10.03, Subd. 9:(Accessor> Buildings): No accessory buildings or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is acce.ssor)’. 4. Section 10.22, Subd. 2 and Section 10.56, Subd. I6(L)(2): Hardcover in 500-1000' setback zone: Within 500-1000' of the shoreline there shall be no greater than 35% hardcover. To permit 295.23 s.f (94.9%) hardcover where 108.88 s.f (35%) is allowed. ^03-2888 Jim Cusack 4140 Highwood Road Renew Variances 4/21'2003 Page I of 3 ? 1 r Discussion: The existing residence that was built in 1920 will be removed. A lot width variance is required due to the lot being 51 feet wide where 140' is required in the LR-IB zoning district. A lot area variance is required due to the lot being 11,888.75 s.f. (.27 acre) where 43,560 s.f. is required in the LR-IB zoning district. An accessory building variance is required because Orono zoning code does not permit an accessory building on a property without a principal structure. Currently there is an existing accessory building (detached garage - 20' x 22') located on the property. A garage is not proposed in the new residence plans, so this building will be the only garage/storage facility on the property. The applicants have submitted building plans for a new residence and the detached accessory building will remain. Hardcover: A hardcover variance in the 500-1000' setback zone is required because access to the detached garage is in the 500-1000' setback zone. This area is a very small portion of the property. It is also the only access to the garage and is provided via a driveway easement at the rear of the property. There is no feasible way to reduce the area of the driveway yet have it remain functional. The parking area adjacent to Highwood Road will also be retained. It is necessary given the narrowness of that road. Note that the 250-500’ setback zone will be at 29.3% where 30% is allowed. Crediting the 500- 1000’ setback zone with the unused 250-500’ hardcover (77 s.f.) reduces the 500-1000’ overage to just 109 s.f Statement of Hardship: This is an existing lot which was platted prior to current zoning standards. There is no additional land to combine with the property. The detached garage is in good condition and will be used as a garage. Issues for Consideration: 1. The lot was platted prior to current zoning requirements. 2. A residence previously existed on the property. 3. n>e detached accessoiy building is i.i good structural condition. 4. The proposed plan for the new residence does not include a garage. O03-2888 Jim Cusack 4140 Highwood Road Renew Variances 4,21 2003 Page 2 of 3 'eiitiii. S. There is no additional land to combine with the property. 6. The proposed new residence eliminates the side setback encroachment of the existing residence. 7. Other issues raised by the Planning Commission. Staff Recommendation: Staff recommends approval of the requested variances. «03-2888 Jim Cusack 4140 Highwood Road Renew Variances 4/21/2003 Page 3 of 3 i IL-. ANALYSIS WORKSHEET LR-IB Lot Requirements LR-IB Lot Area Lot Width Required 1 Acre 140’ Actual .27 acres 51’ Structural Coverage Total Lot Size Total Structural Coverage Percentage 11,888.75 s.f.Existing: 1,432.13 s.f. Proposed: 1,769.33 s.f 12.0% 14.8% Hardcover Calculations Distance from Shoreline Total area in Setback Allowed Hardcover Existing Hardcover Proposed Hardcover 250-500’11,577.8 s.f 3,473.34 s.f (30%) 3,346.86 s.f (28.91%) 3,396.17 s.f (29.33%) 500-1000'311.1 s.f 108.88 s.f (35%) 295.23 s.f (94.9%) 295.23 s.f (94.9%) Application # 03 ~ <38*?^ Date Received .a / - O Amount Paid wi CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $250.00 _($50.00 per each additional variance! ^^^Mcwal Variance Fee SISO.OJT^ (no change from onginal ap^cation) Variance for non-conforming structures $250.00 Afler-the-Fact Fees (Double application fee) PROPERTY INFORMATION Site Address KOO^L Property Identificatiorr Numbet^.l.D.) 0'7~/ IH- - Attach legal description to application if not included on required survey. Date Property Acquired _______________________________________ r (do) (do not) also own the adjacent parcels of land. Present use of property: V residential ___pother (specify). Zoning District: ~ I O __________________________ (month/year) APPLICANT Phone (home) ^*^3-~ - *7‘7r'^<Y Name 6 __________ Phone (work) (cl^ l(r^5^l/0c C( ) Address: Hi HO lM^\LCncC( ■ C^[^iCn\.nrL_______Zip: V OWNER (if different than applicant) Name Phone (home). Phone (work)_ Address:City:.Zip:. DESCRIPTION OF REQUEST Estimated Construction Cost $________________ Describe request in detail: a hf t ^ I (attach additional sheets if necessary) VARIANCES REQUIRED JK Lot Area _K. Lot Width Setback:Front Side Hardcover Rear Lot Coverage Average Lakeshore Other (specify) bld-^ i4o pvli)\Cc(VL ( ( uiif HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: \.n-\r TAkyMCrX p<nrr “iV fLvil'f’nH- ~T^^g>£ 'fu ly -usP, r'{\ I'fii,. ^ (f) lA ^?C<rct r*QV\i.'hrf (V^l % . i 11\ L ‘ I if n#»r^ccari/\ ' *vv.\-U\ (Mtach additi^l sheets if necessaiy) piq-V-'.sTi « (O’s'vr:. - > REQUIRED SUBMITTALS All of the following Information must be submlt^gH for vour application to be considered le application deadline diitg fn nr/fa.. 1. 2. Completed Application Forni and plat map (you must Certificate of Survey (signed by a licensed surveyor) and include hardcover reiroductbn “ ^ ^or Topographic survey (existing and proposed elevations) if any changes in existing SkefI ^ copy 8/," X ir* for reproduction^ Sketches or plans of floor & elevation views (provide one (1) copy 8/j" x II") List of the lepl naines (include marital status) of all persons with an interest in the property^ This would include name(s) of applicants) if not current“ws As an addendum to this application, please attach a separate list of any other persons you w’lsh notified of this application. ^ Additional items as may be requested by City staff. Ti Wiication. Please remember .hat youryarlanw appllwlou I; wot yomMele If .h. uhov, l■formaliou hi. nn. h». ““ APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested bv the Zonin. Administrator, agrees to pay additional fees (staff time not covered by original fee oavmenA a h/ ^ consultant expenses incurred in review of this application and certiles that supplied is .rue and eonee. .o Ur. best of hisft„ taCl^ Applicants Signature 3. 4. 5. 6. 7. 8. OWNER’S SIGNATURE Jn.^v“r.o actoowledges and agrees to this application and further authorizes reasonable entry onto the property by Ciqt staff, consultants, agents. Commission member Id cZe^h members for purposes of investigation and verification^this request. ’ ^ ^®“"cil Owner's Signature _< Date ^L> M^'ng' "pS M^ergs^r Md fn^^ co"r “fTip^^irur uit::r? I'^d t ' ^ •*>. tl.- W ij j-' • • . « • />•• u f' u .■•unirrj , , . ; i-0~7-111'- :sLZ .* • ij t.'-- •S'Jils8 X.T'J V r ^ftrm <>>uniy, '9nd Stait mi:mM^ .; ‘ ••• U I w«* %i#«*«w. "^tg.hgaUy.n<Md9dm^l pr [I I I »■; I t »*Ti I t »■: I * •* « I I •tit t t tH: t tit larlt tltlia;4i t U'HHk t I tltliHrlt .-{I ^ ti t t I !■: t t t t t :<:at : rtii: , lUVti t L’H t rki u I : :ai : t I !■: I Application D Completion D 60 Day DeadI Department ^ Name Wendy Title Zoning Item Descripl Zoning Distri Lot Area: List of Exhibi A Resolu B Staff R Application S area and an ac< on the lot. Th A lot width va: zoning district A lot area var required in th< An accessory 1 building on a) (detached gar; plans, so this I submitted bui A hardcover earaue is in thw w the only ;icce: There is no t< parking area c of that road, the 500-1000 overage to ju: 1. Section H minimum lot 2. Section IC H SYSTEM ERSdN ERSON REPORT NO. PX<i3S<^0I PACE 7 30 07-117-23 0019 09150 HXCIIWOOO RO FRANCES W WILSON FRANCES TESAR 9150 NXGHWOOD RD MOUND MN 55309 30 07-117-23 99 0022 09195 HXGIIWOOD RO D H SMITH 0 R 6 SMITH DOUGLAS M I RODAN C SMITH 9195 HIGHWOOD RO MOUND MN 55309 30 07-117-23 99 0029 09190 HIGHWOOO RO JANET L EIDE JANET L EIDE 9190 HIGHWOOD RD MOUND MN 55309 30 07-117-23 99 0037 00030 ADDRESS UNASSIGNED JAMES M CLEARY JAMES CLEARY 9109 NORTH SHORE DR MOUND MN 55309 30 07-117-23 99 0003 01535 HIGHWOOD LA ERICK 6 0 LAURIE S CELMS ERICK 6 I LAURIE S CELMS 1535 HIGHWOOD LA MOUND MN 55309 tbfAL DATCH 503 00017 V ‘ Application Date: 2/19/02 Completion Date: 2/19/02 60 Day Deadline: 4/19/02 REQUEST FOR COUNCIL ACTION Department Approval: % Name Wendy Bottenberg ITEM NO.: / Title Zoning Adminstrator/Planner Agenda Section: Zoning Item Description: #02-2760 James Cusack 4140 Highwood Road Variances Zoning District: Lot Area: LR-1B One Family Lakeshorc Residential District (1 acre) 11,888.75 s.f. (.27 acres) List of Exhibits: A Resolution B Staff Report and Exhibits of 3/18/2002 Application Summary’: The applicant owns the subject property ’ and is requesting lot width, lot area and an accessory building without a principal structure variances to construct a new residence on the lot. The existing residence that was built in 1920 will be removed. A lot width variance is required due to the lot being 51 feet wide where 140’ is required in the LR-1 B zoning district. A lot area variance is required due to the lot being 11,888.75 s.f. (.27 acre) where 43,560 s.f. is required in the LR-IB zoning district. An accessory building variances is required because Orono zoning code does not permit an accessory ’ building on a property without principal structure. Currently there is an existing accessory building (detached garage - 20’ X 22 ”) located on the property . A garage is not proposed in the new residence plans, so this building will be the only garage/storage facility on the property. The applicants have submitted building plans for a new residence and the detached accessory building will remain. A hardcover variance in the 500-1000’ setback zone is required because access to the detached garage is in the 500-1000’ setback zone. This area is a very small portion of the property. It is also the only access to the garage and is provided via a driveway casement at the rear of the property. There is no feasible way to reduce the area of the driveway yet have it remain functional. The parking area adjacent to Highwood Road will also be retained. It is necessary given the narrowness of that road. Note: The 250-500’ setback zone will be at 29.3% where 30% is allowed. Crediting the 500-1000’ setback zone with the unused 250-500’ hardcover (77s.f.) Reduces the ^00-1000’ overage to just 109 s.f. 1. Section 10.24, Subdivision 5 (B): Lot Width: The lot is 51 feet wide where 140 feet is the minimum lot width for the LR-1 B zoning district for new construction. 2. Section 10.24, Subdivision 5 (B): Lot Area: The lot is 11,888.75 s.f (.27 acres) where 43,560 ATE: 3/22/02 PEMNO.: genda Section: Zoning tial District (1 acre) ind is requesting lot width, lot ! to construct a new residence 3ved. r 140* is required in the LR-1B t" r• s.f. (1 acre) is the minimum lot area for the LR-IB zoning district for new construction. 3. Section 10.03, Subd. 9; (Accessory Buildings): No accessory buildings or structure shall be constructed on any lot priw to ihc time of construction of the principal building to which it is accessory. 4. Section 10.22, Subd. 2 and Section 10.56, Subd. 16(L)(2): Hardcover in 500-1000' setback zone: Within 500-1000 ’ of the shoreline there shall be no greater than 35% hardcover. To permit 295.23 s.f (94.9%) hardcover where 108.88 s.f. (35%) is allowed. PLANNING COMMISSION; The Planning Commission recommended by a 7 to 0 vote to: Approve the application as presented. STAFF RECOMMENDATION: To approve the enclosed resolution. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed resolution. 27 acre) w-hcrc 43,560 s.f. is e does not permit an accessor>' an existing accessory building proposed in the new residence property. The applicants have isoiy building will remain. ;cause access to the detached rtion of the property. It is also ent at the rear of the propert\ . i\e it remain functional. 1 he ecessary given the narrowness .'re 30% is allowed. Crediting 77s.f.) Reduces the 500-1000 ’ ;ct wide where 140 feet is the ion. 5 s.f. (.27 acres) w'hcre 43,560 ULtfUx uJt ICl p for new construction. ^ buildings or structure shall be trincipal building to which it is •rdcover in 500-1000* setback than 35% hardcover. To permit A RESOLUTION ORANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5 (B) SECTION 10.03, SUBDIVISION 9, SECTION 10.22, SUBDIVISION 2 AND SECTION 10.56, SUBDIVISION 16(L)(2) FILE NO. 02-2760 WHEREAS, James D. Cusack and Christine M Grace, (hereinafter "the applicants") are the owners of the propcity located at 4 140 Highwood Road within the City of Orono (hereinafter "the City") and legally described as follows: Lot 36, Highwood, Lake Minne»onka, Hennepin Count)', Minnesota, (hereinafter “the property ”); and WHEREAS, the applicants have applied to the City for variances to Municipil Zoning Code Section 10.24, Subdivision 5 (B) to permit a new single family residence on a lot of .27 acre area and 51' width where 1 acre area and 140' width are normally required; Section 10.03, Subdivision 9 to permit an accessory structure on a lot without a principal structure; and Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16(L)(2) to allow 295.23 s.t. (94.9%) hardcover in the 500-1000 ’ setback area where 108.88 s.f. (35%) is allowed. 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 18,2002. at which time all persons desiring to be heard concerning this application were give*’ the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS This application was reviewed as Zoning File #02-2760. The property is located in the LR-IB Zoning District, where 43,560 s.f. or 1 acre is the minimum required lot area. 1 he property consists of approximately 11.888 s.f or .27 acres. Minnesota: Page 1 of 5 0% Linda S. Vcc. City Clerk Barbara Peterson, Mayor Property Owner (s) S l ATE OF MINNESOTA ) ) ss. COUNTY OF I lENNEPIN ) The foregoing instrument was acknowledged before me on this 25th day of March, 2002 by Barbara A. Peterson and Linda S. Vee, Mayor and City Clerk of the City of Oronn, a Minnesota municipal eorporation and said instrument was executed on behalf of the City. Notary Public STATF; OF MINNi;SO I'A ) ) ss. COUNTYOFIII'NNEPIN ) On this day of, for sail! ('ounty, personally appeared 2002. before me a Notary Public within and known to me to be the pcrson(s) dcscrilnid in and who executed the foregoing instrument, and acknow lodged that he (they) executed the same as his (their) free act and deed. Notary Public s TA if: of minni :sota ) ) ss. COUNTY 01 HENNEPIN ) On this dav of 2002, before me a Notary Public within and for said County, personally appeared known to me to be the pcrson(s) described in and who executed the foregoing instrument, and acknow lodged that he (they) executed the same as his (their) free act and deed. Notary Public Page 4 of 5 i iBkniiii II 0) OQ iP O xV , 'xv.^ 4S ^ilOhV.'ODn Building Permit Survey sr&v «*•« «A m MMUM • itWiM lf«M i«n«lM lf<M Ml iMl talt Car«b«<« •/Avm/ ut Ml t§mmoea L iMg i Om»Iji J/m Cusack g-gg^-- 1/31/02 HM* ft! UXM >•- A)*•M tr *■ •...•> .«••.«•>. t 4/ft* «UI PI Xa* H* O" H- rt i-^070^fk TO:Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Wendy Bottenberg, Zoning Administrator/Planner DATE: March 13,2002 SUBJECT:#02-2760 James Cusack 4140 Highwood Road Variance — Public Hearing Zoning District: Lot Area: LR-1B One Family Lakeshorc Residential District (I acre) 11,888.75 s.f. (.27 acres) List of Exhibits: A Analysis Worksheet Application Survey House Elevation/Floor Plans Hardcover Worksheets Plat Map Property Owner’s List B C D E F G Pertinent Code Sections: I. Section 10.24, Subd. 5(B). Lot Width: The lot is 51 feet wide where 140 feet is the minimum lot width for tut LR-1B zoning district for new construction. 2. Section 10.24, Subd. 5(B); Lot Area: The lot is 11,888.75 s.f. (.27 acre) where 43,560 s.f. is the minimum lot area for the I.R-IB zoning district for new construction. 3. Section 10.03, Subd. 9:(Acccssory Buildings): No accessory buildings or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessorv. 4. Section 10.22, Subd. 2 and Section 10.56, Subd. 16(E)(2): Hardcover in 500-1000 ’ setback zone: W ithin 500-1000' of the shoreline there shall be no greater than 35% hardcover. To pennit 295.23 s.f. (94.9%) hardcover where 108.88 s.f (35%) is allowed. Application Summary: The applicant owns the subject property and is requesting lot width, lot area and an accessory building without a principal structure variances to construct a new residence on the lot. The existing residence that was built in 1920 will be removed. A lot width variance is required due to the lot being 51 feet wide where 140' is required in the LR-IB zoning district. X02-2760 Jim Cusack 4140 Highwood Road Variances 3/13.7002 Page I A A lot area variance is required due to the lot being 11,888.75 s.f. (.27 acre) where 43,560 s.f. is required in the LR-IB zoning district. An accessory building variance is required because Orono zoning code does not permit an accessory building on a property without a principal structure. Currently there is an existing accessory building (detached garage - 20* x 22’) located on the property. A garage is not proposed in the new residence plans, so this building will be the only garage/storage facility on the property. The applicants have submitted building plans for a new residence and the d. ached accessory building will remain. Hardcover: A hardcover variance in the 500-1000’ setback zone is required because access to the detached garage is in the 500-1000’ setback zone. This area is a very small portion of the property. It is also the only access to the garage and is provided via a driveway easement at the rear of the property. (Exhibit C). There is no feasible way to reduce the area of the driveway yet have it remain functional. The parking area adjacent to Highwood Road will also be retained. It is necessary given the narrowness of that road. Note that the 250-500’ setback zone will be at 29.3% where 30% is allowed. Crediting the 500- 1000’ setback zone with the unused 250-500* hardcover (77 s.f) reduces the 500-1000’ ovcrace to just 109 s.f. Statement of Hardship: This is an existing lot which was platted prior to current zoning standards. There is no additional land to combine with the property. The detached garage is in good condition and will be used as a garage. Issues for Consideration: 1. 'I he lot was platted prior to current zoning requirements. 2. A residence previously existed on the property. 3. The detached access. >r> building is in good structural condition. «02-2760 Jim Cusack 4140 Highwood Road Variances 3/13/2002 Page 2 i ♦ • 4. There is no additional land to combine with the property. S. The proposed new residence eliminates the side setback encroachment of the existing residence. 6. Other issues raised by the Planning Commission. Staff Recommendation: Staff recommends approval of the requested variances. M02-2760 Jim Cusack 4140 Highwood Road Variances 3/13/2002 Page 3 <1 mmwW.:v(. ■r>' i ANALYSIS WORKSHEET LR-IB Lot Requirements LR-IB Lot Area Lot Width Required 1 Acre 140’ Actual .27 acres 51* Structural Coverage Total Lot Size Total Structural Coverage Percentage 11,888.75 s.f.Existing: 1,432.13 s.f. Proposed: 1,769.33 s.f. 12% 14.8% Hardcover Calculations Distance from Shoreline Total area in Setback Allowed Hardcover Existing Hardcover Proposed Hardcover 250-500’11,577.8 s.f.3,473.34 s.f. (30%) 3,346.86 s.f. (28.91%) 3,396.17 s.f. (29.33%) 500-1000’311.1 s.f.108.88 s.f. (35%) 295.23 s.f. (94.9%) 295.23 s.f. (94.9%) yySaSH i ■0> • «. *«6 CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee S2SO.OO ($50.00 per each additional variauce) 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 # Date Received Amount Paid PROPERTY INFORMATION Site Address Hi Hi^hiW(0/^J Kni Property Identificatioii Numfer (P.I.D.) //‘7-iA2>-~ O O 3 O Attach legal description to application if not included on required survey. Date Property Acquired I (do) (do not) also own the adjacent parcels of land. Present use of property: ^ residential ___other (specify) Zoning District: ________________________ .(month/year) APPLIC.\NT> A , Name t06(X,cU^ Phone (home) ^6^' ----------------,__n----1---------- , , Phone(\vork) (CjL\1 ) Address: Hl*40 KoL Mooned Phone (home) ______________0)\*NER (if different than applicant) Name ___________ Address:City: Phone (work) Zip:. DESCRIPTION OF REQUEST Estimated Constmetion Cost S I^OiOOO_____ Describe request in detail: tJilA/ NoMt-________________________ (attach additional sheets if necessary) VARIANCES REQUIRED X* Lot Area ^ Lot Width Hardcover Lot Coverage Setback:Front Side Rear Average Lakeshore X Other (specify) AlC, vOlo HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIOi^S Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: plci4ipA r^ncr 'fo Tl?4ri CTt \aM Its r» » Q (J (attach addltibdal sheets if necessary) #2760 laAH I Uv" V y ''>< ''y*- HIGH',Venn Building Permit Survey MU» tum/9 tr. SHtSSS^""" nsSStST"" UIM ff=5T-s«jr jS 22T*2r55^j«^Ttf5ri5^ ft tai MT'Jftrw MM muMut. M Jft «■■■• U» «M« * ft iT«Hftft •■ ftto « ( >llfti#ft««OT^«i iftftftftri >««ftffftftft I ftftftr * Mi# iMft ftft ftft % «ut ' « aft «r ft fttoa ft < • 4tM«M y%n mmmmk CarMiMtft •/ A«n«/ «n ift« M M9mit utf MPmenoMKA • «w Miftt Ml UJl^M»ft9«i OmKH MMftIft kla «-•IM umiftMiii %mk Utlt t/Jt/02 ULH r- iO* Jim Cusack M I •■ • Sii C *v.».• ♦ *-. f s®— t-02028 Q to =te N t (L ♦ <9 N C4 «-i <9 OC 111 J K D A > A A y Eo X > OL H Z D O u Ea M r4 •• o A M O 0 C« 1 A n I A y y o - « I?•{fiMDiNX' flifwiimjwnc ^xl Ut g $o HI u (f =fe i! rRONT ELEVATION j/6'= r-o* PCB-.iS-2ee2 «e:is An country homcs by butler 612. 497 4049 P.0B r *’ T \ ' ' X4 -It X —l.__ ■ 1 I 1______I i-0"rr ’ *1 D ■iikiitiiyiiiiiBifiirifci - -I »o a. p\ 0^ tm N 9^ t fw «4 a y j h 3 A > A A y E Oz > CLH Z 3 O U cc M •4 •t 0 m Hmma 1m «4r A y y 1 1 1 1 " V[1 1 1 1 -i\!k1 1h \[ =h--i 11 1 1 L-l 1 — SECOND f LOOR PLAN 79aS.f.(2NDfLOOK) HdS.r. (SCREENED rOROI) l/fl*- 1'^ O CQ (i r" • •c.\i) L S'i- * w.. t' ■ # ♦1& 0^ t A N t ti ft y j f H 3m >m 0 yco X > XK 3 O U cc ♦ «4 •• o « Cl I I# 9i I Ay y A ZD ”TJ 2*-0*54‘-0* /'/ f '•% ' • ■ /# • ItUba r •*? * % \ ^aASDCOVER CALCULATION ^ SETBACK ZONE: (CIRCIXONE) 0-7S* 75-2S0’ BKS] 500-1000’ E VICTING ^PCOVER IN ZONE A. House ______ • * Lio|ti X X X Driveway X X D. Sidewalk X X E. Pado/Deck X X XX k }X X X o. Odiet X TOTAL HARDCOVER IN ZC TOTAL PROPERTY AREA IN ZONE •A • • ■ _______________ •• •S.F. Wtfih Ct S.F. • ss S.F. H S.F. * • • •V- . J ■ V‘/f,^3 S.F. . •. . V. •••. BS • i4i4-:i^ • * ^ ♦ S.F. •HD'iAn S.F. •• • • S.F. mx •S.F. • S.F. n S.F. • •'4^.So S.F. _aj3,2i S.F. S3 Vo ■ S.F. • • SB S.F. •• E 7 S.F. y'7 __ S.F• B xlOO y pnpnSED pat ^pcover IN ZONE ‘ A. House _ - 1013L _S.P. Lt:|:h W«ii& X X B. Garage C. Driveway X X S.F. S.F. S.F. S.T. X X 7^,/L.__________S.F. 7ji^7 ^s.f. D. .sidewalk gxC>^'ckL\. • • *• * - * - - X X S.F. _s.F. E. Paiio/Deck rLsi^tl^X X SZ5 S.F. S.F. F Landscape x * Uaded^a ^ *X X S.F. S.F. S.F. S.F. O. Other TOTAL HARDCOVER IN ZONE ’ /T _S.F. f# • • t HARDCOVER CALCULATION HV SETBACK Z<K^: (CIRCLE <K{E) 0-75* 75-250* IKSHEET ^ ±. 25(W00* /W-1000* J r_____fC HARDCOVER IN ZONE A. House ______• . X S.F. LngA vnui X X X S.F. • S.F. S.F. B. 'Omse • • C. Diivewiy • • • X V. X • • • S.F. ■ ^ ‘ ^’3 s.¥.' . « S.F. D. Sidewalk X X E. Pado/Deck X X F. Landscape Vadeclaln By Plastic OrFabilc X X X G. Odier TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A • • Ag +. B l xlOO PROPOSED HARDCOVER IN ZONE ' A. House _____________ X Lt:i±Wdth X X X B. Garage C. Driveway X X ttai De Sidewalk X X • •.Ka E. Fatlo/Deck X X r, Land^rapc Uodedaln By Plastic Or Fri)ric X X X G. Odier TOTAL HARDCOVER IN ZONE * TOTAL PROPERTY AREA IN ZONE • A ■ + B 9ff./0 XlOO S.F. S.F. S.F. S.F. SJ. S.F. S.F. S.F. S.F. S.F. r S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. •• e 3^S.3-3 S.F. 3fl- fO S.F. ft \ r p ' .1- ;c ^ ^»h ;) • : ‘'41^'“^ r*"' ’ •']ii tfW b O'?- n~7-- :2 3 v’ •AJ'-AS'’ 1‘ fce//n)l: vv vv;-£,T un(K/«ntfSli PP>* ^ • • •h" • V I I W*‘*w. F f if w / • RUN DATE 02/19/02 BATCH 503 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST REPORT NO. PX9S5901 PAGE 7 PROP AOOR OWNER NAME TAXPAYER NANE/AODR Sa 07-117-23 M 0015 OAlkO HIGHWOOO RD G W t J L APPLEDAUN GEORGE W/JOANNE L APPLEBAUN 4109 NIGHWOOO RD HOUND MN 55304 3B 07-117-23 44 OOlS 04149 HXGNWOOO RD LARRY W KARKELA LARRY W KARKELA 4149 HIGKWOOD RD HOUND HN 55304 33 07-117-23 44 0019 04150 HIGHWOOD RO FRANCES W WILSON FRANCES TESAR 4150 HIGHWOOD RD MOUND MN 55304 PROP ADDR OWNER NAME TAXPAYER NANE/ADOR 38 07-117-23 44 0020 04107 HIGHWOOD RO MERLIN L HALVERSON MERLIN L HALVERSON 4175 HIGHWOOD RD MOUND MN 55304 33 07-117-23 44 .0021 04175 HIGHWOOD RD MERLIN L HALVERSON MERLIN L HALVERSON 4175 NIGHWOOO RO HOUND MN 55304 38 07-117-23 44 0022 04195 HIGHWOOD RO D M SMITH 8 R G SMITH DOUGIAS M 8 ROBAN G SMITH 4195 HIGHWOOO RD HOUND MN 55304 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 38 07-117-23 44 0027 04100 HIGHWOOD RO R D 8 A L RUMSCH ROBERT 8 AMY RUMSCH 4100 NIGHWOOO RD MOUND MN 55304 38 07-117-23 44 0028 04150 HIGHWOOD RD J L BAKKE 8 S N GLYNN JON L BAKKE 4150 HIGHWOOD RD MOUND MN 55304 33 07-117-23 44 0029 04143 NIGHWOOO RO JANET L EIDE JANET L EIDE 4143 HIGHWOOD RD MOUND MN 55304 PROP ADDR OWNER NAME TAXPAYER NANE/AODR 33 07-117-23 44 0030 04140 HIGHWOOD RD J D CUSACK 8 C M GRACE C GRACE 8 J CUSAQC 4140 HIGHWOOD RO HOUND MN 55304 33 07-117-23 44 0031 04132 HXGNWOOO RD SCOTT G 8 CATHERINE ANDERSON SCOTT G 8 CATHERINE ANDERSON 4132 HIGHWOOD ROAD MOUND MN 55304 38 07-117-23 44 0037 00038 ADDRESS UNASSICNED JAMES M CLEARY JAMES CLEARY 4109 NORTH SHORE DR HOUND MN 55304 . I PROP AOOR OWNER NAME TAXPAYER NAItE/AOOR SO E7-117-25 AO OOSO •4109 NORTH SHORE OR JAKES H CLEARY JAKES CLEARY 4119 NORTH SNORE OR HOUNO HN 5S544 SO 07-117-2S 44 00S9 •••SO AOORESS UNASS16NE0 JAKES H CLEARY JAKES CLEARY 4109 NORTH SHORE DR NOUNO HN 55344 SO •7-117-23 44 0003 01535 NIONHOOO LA ERICK 0 • LAURIE S CELKS ERICK 0 I LAURIE S CELKS 1535 H16HM00D LA KOUNO KN 55344 1 PROP AOOR OWNER NAHE TAXPAYER NANE/AOOR SO •7-117-23 44 OOOA •4125 HXOHWOOO RO JOHN H 0 ROOERTA J HENRICH JOHN H 0 ROOERTA J HENRICH 4125 NXOHHOOO RO ORONO HN 55344 SO 07-117-23 44 OOM •4114 HXOHWOOO RD PHXLLXP N OTTO PHXLLXP H OTTO 4114 HXOHWOOO RD HOUND HN 55344 TOTAL HATCH 543 •••17 s . REQUEST FOR COUNCIL ACTION f**'*-.. __—vlG APR ‘d 6 2003. uirurORONO Department Approval: Name Wendy Bottenberg DATE: 4/24/03 ITEM NO.: Title Planner Agenda Section: Zoning Item Description:2003 Joint Use Dick Licenses (Renewals): Big Island Inc.Forest Arm HOA Pheasant Lawn HOA Carlson/Gage/Nclson Kelly Cove HOA Victoria Estates HOA Fox Hill HOA Walter Port Assoc.Bohn’s - Chapman,Aanestad,Mandcl List of Exhibits A - City Map of Joint Dock Locations B - Resolutions C - 2003 Applications We are in receipt of 9 renewal joint use dock license applications for the 11 joint use docks the City has historically licensed. Each application exhibits no significant changes from previous licenses. The following applications will be presented to Council for approval when received: - Big Island Vets Camp - Minnetonka Power Squadron STAFF RECOMMENDATION: Staff recommends approval of 2003 joint use dock licenses for each of these nine applicants. COUNCIL ACTION REQUESTED: Adopt the attached resolutions granting joint use dock licenses for 2003 to each of the above applicants. ........... fl RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO THE OWNERS OF PROPERTY LOCATED AT 3155 NORTH SHORE DRIVE, 3185 NORTH SHORE DRIVE, AND 1406 BOHN'S POINT ROAD SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1,2003 TO DECEMBER 31,2003 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to a!l equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owmers and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the common law rights of riparian owners, whether or not they be commercial marinas or residential owners; WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the nav igable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. Page I of2 1 This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and Ashing therein; the riparian owner has no exclusive privileges to these rights; and WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparia.-. users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 5.42 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an application for an annual Joint Use Dock License deseribed on Exhibit A attached, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted on Exhibit A attached. Adopted by the City Council of the City of Orono at their meeting on the 28th day of April, 2003. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this dayot ., 2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of .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. Nota»y Public Page 2 of2 CITY OF ORONO EXHIBIT A RF^OLIJTION NO. CONniTIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I.LICENSEE: Property owners of 3155 North Shore Drive, 3185 North Shore Drive and 1406 Bohns Point Road Dock Address: 3155 North Shore Drive Agent: Emily Chapman Address: 1406 Bohns Point Road, Wayzata, MN 55391 Licensee is: XX unincorporated homeowner's group ___incorporated homeowner's association ____ unincorporated club or recreation group ____ incorporated club or recreation group other License Period - January 1,2003 to December 31,2003 11. BOAT DENSn Y The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan. Exhibit B. and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year's license. Authorized Boat Density per attached plan: Bay Transient (Day use only) Slips Permanent Moorage Slips Boat Lifts Sub-Total: Slips at Dock Oft'shore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY Crystal i 1 i Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono UL « Municipal Code. Exhibit A Resolution No._ Page 2 III. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit B. Any changes in this layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. V. This license is granted subject to the findings and conditions set forth in Resolution ^1212 of the City council, summarized as follows: a) The three properties to which this Joint Use Dock License is granted are described as follows: i)(P.l.D. #09-117-23 33 0001) "That part of Gov't Lot 1 lying East of the West 442.93 feet thereof and North of the South 1058.3 feet thereof and South of Registered Land Sur\ ey No 269" (31 55 North Shore Drive - Mandel) ii) (P.l.D. #09-117-23 33 0015) "Tract I and the West 28.5 feet of Tract H, Registered Land Survey No. 269" (1406 Bohn's Point Road - Chapman) iii) (P.l.D. #09-117-23 33 0016) "Tract G and that part of Tract H lying East of the West 28.5 feet thereof, Registered Land Survey No. 269" (3185 North Shore Drive - Aanestad) There shall be only one dock allowed _n the Mandel lot (P.l.D. 09-117-23 33 0001) which dock shall be no greater than 100 feet in length, and which dock must be constructed in accordance with all applicable City and LMCD ordinances, and which dock is intended to serve only the owners and their successors of the 3 properties described in a) above. On the Mandel lot (P.l.D. 09-117-23 33 0001) cither attached to the dock, moored in front of the lot or located on the lot, there may not be at any time more than three watercraft, as defined by the LMCD. either docked, moored, or stored. The three watercraft allowed may be owned only by the owners of the properties described in a) above. Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessar>- from time to time in the public interest. r . Exhibit B i CITY OF ORONO P.O. Box 66 Crystal Bay, Mn 55323 952-249-4600 LICENSE YEAR 2003 CITY USE ONLY Date Form Mailed to Licensee January 15.2003 Dale Application Relumed to Clt>' '________ Fee Received S ________ By Employee rwit ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 Section 5.42, Subdivision 2. LICENSE REQUIRED - "It is unlasvful for any (group or association of persons or famiiies, more than two in number, whether incorporated or not) to engage or participate in... Joint use (of any lakeshorc property) without first havina obtained a license therefor from the Citv." Please complete all Items and submit signed application, required attachments, and license application fee to the City Clerk by March 1 of the license year. I. ASSOCIATION INFORMATION 1. Association title or name (if any) Lake2. 3. Bay Person responsible for this application: Name Phone 45*2- - Cl u 0 Mailing Address Relationship to association 4.Association is (check applicable items): y unincorporated homeowner's group. ___ incorporated Homeowner's Association. unincorporated club or recreation group, incorporated club or recreation group. 5. 6. Principal purpose of joint use dock is (check applicable items): provide boat mooring and lake access for residential property. ____provide swimming access, beach, or offshore dock. ____provide a club or association gathering place for activities. Dock is located on (check applicable item): one member's private property. __ ___casement or outlot owned in common. property leased by the group/association, property owned by the group/association. Page 1 of 4 7. 10. List Dock location and ownership information: Street address 4lxau- I>uv.- Legal property description_________ PID#_____nn - 2-5^ Listed property owner(s) 8. Names/addresses of abutting lakeshore property owners: 5Vest) /East) TMfetovtA I • Names/addresses of other affected property owners (attach sheet if necessary): 9. Insurance Coverage - The jointly used dock is insured by one of the following: X property owner’s homeowner’s policy, __separate group/association owned policy. Name of insured L n 't'i A^’ Jut— Name of insurance^cafei^r Name of insurance/ULul-ir Policy No, }2.L'^S^3t02— Effective date of coverage J-1,^.4/ XjLZS i Amount of coverage: Public liability, per person, per occurrence $ r.tr^ Public liability, per occurrence S Security and policing of the jointly used dock and property is provided by (check applicable items): ____ fencing ____security lighting ^ property owner’s presence contract security service other(specify) 'XLy' ^ J II. DOCK INFORMATION 11.List Dock Use Area Specifications: Width of shoreline: A. Length of main dock from shore: ft. Dock setbacks from side property lines at shore: ^ . j ^ 12.Dock Construction (check applicable items): V seasonal dock (relocated or replaced each year) ____permanent piling w ith seasonal deck _____permanent piling and decking V wooden decking metal decking Page 2 of4 hect if necessary): e of the following: 'up/association ow-ned policy. -J'LrL4t I ence $ ^t>t>. S //^fi -*______ s provided by (check applicable owner ’s presence a4-v^ om shore: ^ ft. A. and A. nent piling and decking REQUIRED ATTACHMENTS The following must accompany this application: A. DOCK PLAN - ALL APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on-land functions are intended, these also should be shown on the plan. B. UNINCORPORATED GROUPS OR ASSOCIATIONS 1. A list of the names and mailing addresses of all members and/or slip users. 2. A certified copy ofthe by-laws or agreement for joint use. Note: This copy is not required if the applicant initials and certifies the following statement: "This is a renewal application and our joint use doi.k is to be operated under the same by-laws or agreement otiginally made in ^ Q(/ (state year) and on file with the City." Sits’ nUcC/v- Applicant's initials Page 3 of 4 C. INCORPORATED CLUBS OR ASSOClATtONS 1. A list of the names, mailing addresses and titles of all corporation officers. 0 I M in ir* m i [•1 *1-10 ms 'iWtJlTiFl Wiira rtllFliIi WTRlil !4lW rOfWS Ttle Planner Agenda Section: Zoning Item Description:2003 Joint Use Dick Licenses (Renewals): Dig Island Inc.Forest Arm HOA Pheasant Lawn HOA Carlson/Gage/Nelson Kelly Cove HOA Victoria Estates HOA Fox Hill HOA Walter Port Assoc.Bohn's - Chapman,Aanestad,Mandel FORT m m mm i! I A i 1V m Sw MloMMMtpMHHbIM1m i WHEREA under the laws of the State Statute 412, et. seq. and StJ the City and other membei WHEREA Orono with the Lake Minr Minnesota; and WHEREA LMCD. and the City of On and equal protection from s may be detrimental to the | WHEREA of the riparian owners both interference with the publi< trusteeship over the publi« common law rights of ripa WHEREA riparian owners and the pul only additional private rigl the navigable depth of the ow ner to Lake Minnetonkt in common with ail other i each riparian owner. This mutual right of enjoyr benefits of the lake such as and WHEREA riparian users of the lake ar "1-5^0HNS pom^ NORTH SHORE m CryMBay Minnetonka ITERS PORT ■eS’ BIG ISLAND. INC d rSCAMP RESOLUTION DIRECI ING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO KELLY COVE HOMEOWNERS ASSOCIATION SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1,2003 TO DECEMBER 31,2003 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and genera! wei fare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enJo>'ment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR. LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the exient prohibiting any interference w'ith the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the common law rights of riparian owners, w hether or not they be commercial marinas or residential owners; WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by- riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. 1 here can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. 1 his mutual right of enjoyment which is shared by riparian ow-ners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and Page 1 of2 ^TlTiTilW K^WiTn0 R1 ITiTiTMWFm fUX*} r«vtra rtv:iir«i ION N ER 31,2003 irporation organized and existing under Minnesota Statutes, State general welfare of the citizens of nary harbor limit of the City of iaiura! Resources of the State of niariTti rmuo k» Ti •TT« ITRITO rcise of police power of the State, al enjoyment of the public rights lin the City w hich, if unregulated, )rono regulate the property rights ners to the extent prohibiting any d City of Orono must fulfill their including those who assert the as or residential owners; exists between and is shared bv eges over Lake Minnetonka. 1 he erally is to construct one dock to iblic generally and each riparian netonka for all suitable purposes >crs of the public but the right to ;enerally includes the recreational cclusive privileges to these rights: al public use only as long as all 3f the limited riparian rights; and Kilt ■"3 irding the construction and use of by three or more families, which 5.42 of the Orono Municipal Code; bove noted general conditions and an annual Joint Use Dock License uncil of the City of Orono hereby iitions noted on Exhibit A attached. ng on the 28th day of April, 2003. >n. Mayor day of 2003 by poration and said instrument was davof . 2003 poration and said instrument was Licensee is: CITY OF ORONO EXHIBIT A RESOLUTION NO. CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE LICENSEE: Kelly Cove Homeowners Association of Orono Dock Address: 2497-2503 Kelly Avenue (Outlet A, Kelly Cove) Agent; Austin H. Evans, President Address: 2497 Kelly Avenue, Excelsior, MN 55331 unincorporated homeowner's group X incorporated homeowner's association ___ unincorporated club or recreation group ___ incorporated club or recreation group other License Period - January 1,2003 to December 31,2003 BOAT DENSITY The number of in-place boat slips, lihs and buoys shall not exceed the number shown on the attached plan. Exhibit B, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year's license. Authorized Boat Density per attached plan: Bay Transient (Day use only) Slips Permanent Moorage Slips Boat Lifts Sub-Total: Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY Carman s, lifts or buoys is a violation of 12 Subdivision 2 of the Orono i Exhibit B. Any changes in this he City and/or the LMCD. The to comply with these conditions of Orono Resolution No. 4279. al slips. Any increase above this I current license period is _4. property any vested right to use but the use of Lake Minnetonka IS the City and other competent ; interest. inprotected styrofoam as a dock . f 142 Exhibit R . — . Resolution # KiUrCwvt 1.--^ AppNvtd Dtck LoettiM •• CITY OF ORONO P.O. Box 66 Crystal Bay, Mo 55323 952-249-4600 LICENSE YEAR 2003 CITY USE ONLY Date Form Mailed to Licensee January IS. 2003 Date Application Returned to Clt>- Fee Received $____________ By Employee ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 J Section 5.42, Subdivision 2. LICENSE REQUIRED - "It is unlawful for any (group or association of persons or families, more than two in number, whether incorporated or not) to engage or participate in... joint use (of any lakeshore property) without first having obtained a license therefor from the CItv." Please complete aP ’terns and submit signed application, required attachments, and license application fee to the City Cierk by March I of the license year. I. ASSOCIATION INFORMATION 1. Association title or name (if any) Covl' of 0R.ONO Lake Mi nneT<»hfie.A__________Bay CA4Mg7\/_________2. 3.Person responsible for this application: Name/^i>^r//y f4. is\/A’^S______Phone /yyj) f - (lyo Mailing Address KL*tLf jg ’rfcrtfx.S/A/P. /wa/ AV33/ Relationship to association 4.Association is (check applicable items): ___unincorporated homeowner’s group. incorporated Homeowner's Association. unincorporated club or recreation group, incorporated club or recreation group. 5. 6. Principal purpose of joint use dock is (check applicable items): - provide boat mooring and lake access for residential property. ____ provide swimming access, beach, or offshore dock. ____ provide a club or association gathering place for activities. Dock is located on (check applicable item): ___one member's private property. __ easement or outlot owned in common. property leased by the group/association, property owned by the group/association. Page 1 of 4 LICENSE YEAR 2003 :iTY USE ONLY I Liccascc Januan* IS. 2003 iirncd to City By Employee o / n5.42 fill for any (group hether incorporated opeiiy) without (d attachments, and license t' iiyo ted club or recreation group, club or recreation group. by the group/association, by the group/association. 7. 8. 10. List Dock location and ownership information: Street address KfTLL^t tzHtSLUoR^ mv Legal property description ouT^oT '/Q* k£U,y Cpvy______________ PID# D6-//7- 33 /2 gars' ____________________ Listed property owner(s) JfvAp/S. Ssl \/iA n£HTA^A/QC/0. Names/addresses of abutting lakeshore property owners: (NorthAVest^_____f ^ ______________________________ .(South/East) /3ig^4j>y 0, HorT, afoS^ k£Lkj »vf^t,e .j^eSL^o/e ma / rs“33/ Names/addresses of other affected property owners (attach sheet if necessary): 9. Insurance Coverage - The jointly used dock is insured by one of the following: ----property owner's homeowner's policy. separate group/association owned policy. Name of insured ct>\fe /-j-ttAeoutNeftS of efiot^o Name of insurance carrier iwg c//ve/Ar<rnry (U> m Name of insurance agency QuLCi % U^C. Policy No. C»p*t*iiJLB^ Effective date of coverace^ C uMinTT Amount of coverage: Public liability, per person, per occurrence S /. oao.oocp Public liability, per occurrence S Security and policing of the jointly used dock and property is provided by (check applicable items): ------- fencing ____ security lighting ^ property ownei^s presence ____ contract security service ____other (specify)________________ II. DOCK INFORMATION 11. 12. List Dock Use Area Specifications: Width of shoreline: 3^0 -h ft. Length of main dock from shore: A«- ^ ft. Dock setbacks from side property lines at shore: ft. and / a .ft. Dock Construction (check applicable items): ^ seasonal dock (relocated or replaced each year) ------- permanent piling with seasonal deck ____permanent piling and decking ____ wooden decking ____metal decking Page 2 of 4 Pl?f MV sn>’3zi T)f<A/0C/O KuPt^tfA t .igyciTtsyp/P ma/CS~33/ t ifneccssar>'): ' the following: 'association owned policy. :tifT7a4 of 0<Roa<0 visn ntcy u^c. c u(K^sr/T^ e S Loto.oCiO ovided by (check applicable let’s presence shore: ft. and /a ft. \ piling and decking '■:) 13.List Dock Accessories: Number of fire extinguishers available at the dock BOAT'S Number of life preservers available at the dock z/»r47tS^ frJ 8oArS~ 14.List number of slips in each category ("slips" includes boat lifts): Transient (day use only) slips______ Transient (day use) off-shore buoys _ Permanent moorage slips ____ Permanent moorage off-shore buoys Dry storage (rack) slips___________ Maximum number of boats at the dock 15. List number of off-street parking spaces available for users of the joint use dock. Parking, if provided must not be separated from the dock by any public road, /^-h spaces. III. EROSION AND SEDIMENTATION rONTROl 16.Shoreline is protected by (check applicable items): -----stone rip rap ____ wood seawall ___metal seawall ____concrete seawall ^ grass and vegetation only other (specify) 17. Depth of water at shoreline: Q ft; at 50 ft. out: iJ : at 100 ft. out: (O *. REQUIRED ATTACHMENTS The following must accompany this application: A.PQCK PLAN - ALL APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on-land functions are intended, these also should be shown on the plan. B. UNINCORPORATED GROUPS OR ASSOC1ATION<; 1. 2. A list of the names and mailing addresses of all members and/or slip users. A certified copy of the by-laws or agreement for joint use. Note: This copy is notreouired if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same by-laws or agreement originally made in (state year) and on file with the City." ----------- .Applicant’s initials Page 3 of4 .3 > / HoA'tS /A/ fT-shore buoys jff-shore buoys 'boats at the dock joint use dock. Parking, if /A -h spaces. concrete seawall at 100 ft. out: (o lis application: eale, showing the shoreline ayout and dimensions of all )ther on-Iand functions are rs and/or slip users. . Note: This copy is not required is a renewal application and our rnt originally made in _______ Applicant's initials •j I no 1«WHi iMiTi inHOi«io#*uro REQUEST FOR COUNCIL ACTION I Department Approval: Name Wendy Bottenhcrg DATE: 4/24/03 ITEM NO.: Title Pianner Agenda Section: Zoning Item Description:2003 Joint Use Dick Licenses (Renewals): Big Island Inc.Forest Arm HOA Pheasant Lawn HOA Carlson/Gage/Nelson Kelly Cove HOA Victoria Estates HOA Fox Hill HOA Walter Port Assoc.Bohn ’s - Chapman,Aanestad.Mandel List of Exhibits A - City Map of Joint Dock Locations B - Resolutions C - 2003 Applications We are in receipt of 9 renewal joint use dock license applications for the 11 joint use docks the City has historically licensed. Each application exhibits no significant changes from previous licenses. The following applications will be presented to Council for approval when received: - Big Island Vets Camp - Minnetonka Power Squadron STAFF RECOMMENDATION: Staff recommends approval of2003 joint use dock licenses for each of these nine applicants. COUNCIL ACTION REQUESTED: Adopt the attached resolutions granting joint use dock licenses for 2003 to each of the above applicants. i ...... H:!. . -.a J . , *■ RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO WALTER’S PORT MAINTENANCE & IMPROVEMENT ASSOCIATION SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1,2003 TO DECEMBER 31,2003 WHEREAS, the City ofOrono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono wth the Luke Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota, and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, alt of which have adopted niles to ensure to alt equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the oublic waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over tl;e public waters by protecting against interference by anyone, including those who assert the common law rights of riparian owners, whether or not they be commercial marinas or residential ow ners; WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owtuT hjis exclusive privleges over Lake Minnetonka. 1 he only additional private right that any ripaiian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian ow ner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common w ith all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. Ihis mutual right of enjoyment which is shared by riparian owneis and the public gem. rally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and WHEREAS, Lake Minnetonka is capable of substantial beneficial public u.se only as long as all riparian users of the lake arc regulated in such a w ay as to ensure there is no abuse of the limited riparian rights; and Page I of2 WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 5.42 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above noted geneial conditions and concerns and the following special conditions as they relate to an application for an annual Joint Use Dock License described on Exhibit A attached, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted on Exhibit A anached. Adopted by the City Council of the City of Orono at their meeting on the 28th day of April, 2003 ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this ______ Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. day of 2003 by Notary Public S. ATE 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. dav of ,2003 i! Notary Public Page 2 of2 HT-'-'r CITY OF ORONO EXHIBIT A RESOLUTION NO. rONDITIONS OF ISSUANCE FOR ANNUAL JOnsiT USE DOCK LICENSE LICENSEE: Walter's Port Maintenance & Improvement Association Dock Address: 2699/2701 Kelly Avenue Agent: TedStorlie Address; 2701 Kelly Avenue. Excelsior, MN 55331 Licensee is; XX unincorporated homeowner's group ___ incorporated homeowner's association ___ unincorport: J club or recreation group ___ incorporated club or recreation group other License Period - January 1,2003 to December 31,2003 II.BOAT DENSITY Tlie number of in-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan. Exhibit D, and in accordance with Resolution 938 in no case shall the number ofnuthorized boat slips, lifts, or buoys exceed the number pennitted in the prior year's livcnsc. Authorized Boat Density per attached plan: Bav 0 Transient (Day use only) Slips Pcmianent Moorage Slips Boat Lifts Sub-Total: Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOA! DENSITY Carman Exhibit A Resolution No. Page 2 Exceeding this maximum boat density, or exceeding the number of permitted slips, HRs or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. III. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit B. Any changes in this layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. V. 1.Variances granted for 2003: a) West property line (extension of west line of Lot 2, Block 2, Walter’s Port) -10* required, zero setback proposed b) Southeast property line (extension of southeast line of Outlet 2, Walter's Port) -1 0 ’ required, zero setback proposed •The five slips are approved for use by the following properties located in the plat of Walter’s Port: Slip 1 - Lot 2, Block 2 Slip 2 - Lot 2, Block 2 Slip 3 - Lot I, Block 2 Slip4 -Lot 1,Block I Slip 5 - Lot 5, Block 3 (part of Lot 1, Carman Bay Heights) 3. 4. City must be notified immediately of any change in use or configuration of the dock. All boats permanently moored at this joint use dock must be registered to the applicant property owners. 5.Lot 5. Block 3 (part of Lot I, Caiman Bay 1 (eights) is allowed four boats maximum (1 of lagoon. 3 at outer lakeshore). Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by th.s resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. i 4 O' CITY OF ORONO P.O. Box 66 Crystal Bay, Mn 55323 952-249-4600 LICENSE YEAR 2003 CITY USE ONLY Date Form Mailed to Licrnscc January IS. 1003 Date Application Returned to City________ Fee Received S___________ By Employee ANNUAL JOINT USE DOCK I ICRNSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 Section 5.42, Subdivblon 2. LICENSE REQUIRED - "It 1$ unlawful for any (group or association of persons or families, more than two in number, whether incorporated or not) to engage or participate in ...joint use (of any lakeshore property) without firsniavin|obtaiMdjJicensMhere^_^mJhe_Chv/]___^_^^ Please complete all Items and submit signed application, required attachments, and license application fee to the City Clerk by March I of the license year. 1. ASSOCIATION INFORMATION V, L / Association title or name (if any) lA/A'/ j —i1. 2. 3. Lake » */ A________ Bay_ Person responsible for this application: Name ^ Phone C4 Mailing Address I /fv/ ^ I A* I • a /Relationship to association 4.Association is (check applicable items); unincorporated homeowner's group. ___ incorporated HomcowTier's Association. unincorporated club or recreation group, incorporated club or recreation group. a.Principal purpose of joint use dock is (check applicable items); provide boat mooring and lake access for residential property. ____provide swimming access, beach, or offshore dock. ____ provide a club or association gathering place for activities. 6.Dock is located on (check applicable item): ___one member's private property. ^^^asement or outlot owne.d in common. property leased by the group/association, property owned by the group/association. Page 1 of 4 i 7. 8. 9. 10. List Dock location and ownership information; Street address Legal property description \ PlDff ' isted property owner(s) Names/addresses of abutting lakeshore property owners; (North/Westl / /(((rhpfMof/ fr (South/East> 7/ ______________________ Names/addresses of other aiTccted ^^ei^ o^ers^ttach sheet if necessary); Insurance Coverage - The jointly used dock is insured *- y one of the following: ,y!^!^roperty owner's homeowner ’s policy__separate group/association owned policy. Name of insured Ul ^ C s/ < ^\J ^ ^ Nj ne of insurance carrier _ Name of insurance agency Policy No.____________Effective date of coverage Amount of coverage: Public liability, per person, per occurrence $ Public liability, per occurrence $ Security and policing of the jointly used dock and property is provided by (check applicable items): ------- fencing ____security lighting __property owner's presence ____ contract security service ____othei- (specify) ________ II. DOCK INFORMATION 11. List Dock Use Area Specifications: W idth of shoreline: _________fl. Length of main dock from shore: ft, Dock setbacks from side property lines at shore: _________ ft. and _________ft. 12. Dock Construction (check applicable items): ____seasonal dock (relocated or replaced each year) —^— permanent piling with seasonal deck permanent piling and decking ____ wooden decking ____metal decking^ Page 2 of 4 f 13.List Dock Accessories: Number of fire extinguishers available at the dock Number of life preservers available at the dock m 14.List number of slips in each category ("slips" includes boat lifts); Transient (day use only) slips Transient (day use) off-shore buoys__ Permanent moorage slips ^ Permanent moorage off-shore buoys Dry storage (rack) slips___________ Maximum number of boats at the dock 15. List number of off-street parking spaces available for users of the join;^use dock. Parking, if provided must not be separated from the dock by any public load. L4j.'• / spaces. III. EROSION AND SEDIMENTATION rONTROi 16.Shoreline is protected by (check applicable items): ___stone rip rap ^ wood seawall nietal seawall ___grass and veeetaiion onlv other (specify) concrete seawall 17. Depth of water at shoreline: A/at 50 ft. out: : at 100 ft. out: REQUIRED ATTACHMENTS The following must accompany this application: A.DOCK PLAN - ALL APPLICATION.S A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on-land functions are intended, these also should be shown on the plan. B. UNINCORPORATED GROUPS OR ASSinriATinvc 1. 2. A list of the names and mailing addresses of all members and/or slip users. A certified copy of the by-laws or agreement for joint use. Note; This copy is not reouireJ if the applicant initials and certirics the following statement; "This is a renewal application and joint use dock is to be operated under the same by-laws or agreement oiiginally made in ^ our (stale year) and on file with the City." Applicant 5 initials Page 3 of 4 r t C. INCORPORATED CLUBS OR ASSOC!ATIONiy; 1. A list of the names, mailing addresses and titles of all corporation officers. 2* . A^tatement as to the total number of members in the club or association, members 3.A certified copy of the articles of incorporation and by-laws of the corporation. Note: (k These copies are not required if the applicant initials and certifies the following statement. "This is M a renewal application and our joint use dock is to be operated under the same articles of incorporation • andior by-laws as oriEinallv made or last anvnH^H in ...............x. City.'(state year) and on file with the Applicant’s initials D. ANNUAL LICENSE FEE - ALL APPI TPATinMC Joint Use Dock License Application Fee according to the current City Fee Schedule INITIAL APPLICATION FEE (S50.00) RENEWAL JOINT USE FEE, per year PLUS SLIP FEE for each peppa'ient moorage slip, lifl, dry stack, or buoy. 7 slips @ 2.00 each S $20.00 LATE FEE ($25.00) if application returned after 3/1/03 TOTAL DUE THIS APPLICATION S S A. /D 5o.^o LATE FEE - Renewals Application for renewal of licenses shall be made no later than March 1 of the license year. The Citv Sh all nbt apeept renewal license apniications March 1 unles«t thr- imnlir^tinn ,c accompanied bv a late fee of S25 Of) ------------ REVIEW PROCEDURE WTien a complete application is received, the application will be reviewed by the City Council and mthecaseofncworunusual applications, alsobythePlanningCommission and MarinaCommittee!The Council \%ill puss upon the upplicution ufter complete rcv'icw. THE SUBJEC r DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Section 5.42 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Orono and the City’s employees and agents to enter upon the property at any reasonable time to perform safety and code com^iance inspections. Signed Date 2 Page 4 of 4 REQUEST FOR COUNCIL ACTION Department Approval: Name Wendy Bottenberg DATE; 4/24/03 ITEM NO.; Title Planner Agc.ida Section: Zoning Item Description:2003 Joint Use Dick Licenses (Renewab): Big Island Inc.Forest Arm HOA Pheasant Lawn HOA Carlson/Gage/Nelson Kelly Cove HOA Victoria Estates HOA Fox Hill HOA Walter Port Assoc.Bohn ’s - Chapman,Aanestad,Mandel List of Exhibits A - City Map of Joint Dock Locations B - Resolutions C - 2003 Applications We are in receipt of 9 renewal joint use dock license applications for the 1 1 joint use docks the City has historically licensed. Each application exhibits no significant changes from previous licenses. The following applications will be presented to Council for approval when received: Big Island Vets Camp Minnetonka Power Squadron STAFF RECOMMENDATION: Staft recommends approval of 2003 joint use dock licenses for each of these nine applicants. COUNCIL ACTION REQUESTED: Adopt the attached resolutions granting joint use dock licenses for 2003 to each of the above applicants. RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO VICTORIA ESTATES HOMEOWNERS ASSOCIATION SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1,2003 TO DECEMBER 31,2003 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 41 2, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisoiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conser\ ation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State. LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulateu. may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR. LMCD, and the City of Orono regulate the pr(*pcrty rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the common law rights of riparian owners, w liether or not they be commercial marinas or residential ow ners; WHEREAS, as to Lake Minnetonka, a mutual tight of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka Hie only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian ownei to Lake Minnetonka has the right to use Uie entire surface area of Lake Minnetonka for all suitable purposes in common w ith all other riparian ow ners. This right is a right not only to members of the public but the right to each riparian owner. This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benelits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and Page 1 of2 WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities are used and maintained by three or more families, which regulations include the aimual licensing of Joint Use Docks pursuant to Section 5.42 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they lelate to an application for an annual Joint Use Dock License described on Exhibit A attached, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted on Exhibit A attached. Adopted by the City Council of the City of Orono at their meeting on the 28th day of April, 200.'^ ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor S I ATE OF MINNESOTA COUNTY OF HENNEPIN ITie foregoing instrument was acknowledged before me on this ______ Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. day of 2003 by Notary Public STATE OF MINNESO1A COUNTY or ilENNEPJN The loregoiitg instr.iment was acknowledged before me on this dav of ., 2003 by Linda S. Vee. City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notar>' Public Page 2 of 2 r L Exhibit A Resolution No.. Page 2 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. III. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit B Any changes in tliis layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with tlie ordinance of the City and/or the LMCD. The issuance of this license is subject to fhll compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. 1.Six slips are approved for Victoria Estates Homeowners Association for 2003 subject io the stipulations set forth in Resolution #962 dated December 18,1978. 2.All boats permanently moored at this Joint Use Dock must be registered to the applicant property owners. V.Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. .’i} ■ vr 'T • r . . » , *•. ?i*— - r-nrj»^j • • •.* ,7.•• • •• «•*•••...-•i P4• • • «• • • • •• 4 • Outlet C EXISTING CHANNEL ^4’ CATWALK OVER I')i r I K—^180* 22' Se( n f 24’Cruiser 14’ Sunfish^ 3':3) «ri : • • ' il*• • •‘■■Ml V’!i|l'i!iil|ll|l|l':'s4®^^ l|!|ll^'-^ilJll'iiliilii-:'!;!,; li -______ . ^ 7r-----7^^>“ ■ u---------------cj - I p a L^ WETLANDS TO SHORE.4 ’ BOAT DOCK x 180 ’ LONG. • . 4'“' M . .• •• •• •' •• • • iJM •• # r ^ ^ Outlet B ^4 OO t) to o 1 13 1^7APR 13 1979 L C O. to'^^ fw n 1 * m5 < m X ? 5*‘ Plat ef Victeria Estates “>»« O 3 t • ol^ O'CITY OF ORONO P.O. Box 66 Crystal Bay, Mo 55323 952-249-4600 LICENSE YEAR 2003 CITY USE ONLY Daw Form Mailed to Licensee Jaouarv IS. 2003 Dale Application Returned to CIt}'_________ Fee Received S__________ By Employee ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 Section 5.42, Subdivision 2. LICENSE REQUIRED - "It Is unlawful for any (group or association of persons or families, more than two in number, whether incorporated or not) to engage or participate in... Joint use (of any lakeshore property) svllhoul JlrsMiaying^btalned a^^^^ therefor from the City.*' __________ Please complete all items and submit signed application, required attachments, and license application fee to the City Clerk by March I of the license year. L 1. 2. 3. ASSOCIATION INFORMATION Association title or name (if any) Person responsible for this application: Name ij ![X iT Phone ^0^ ~()/S// Mailing Address fJ fic/r'i . /)lr)N[A CS Yof Relationship to association \J\ _____________________________ 4.Association is (check applicable items): ___unincorporated homeowner's group. \/^incorporated Homeowner's Association. unincorporated club or recreation group, incorporated club or recreation group. 5.Principal purpose of joint use dock is (check applicable items): provide boat mooring and lake access for residential property. ____ provide swimming access, beach, or offshore dock. ____provide a club or association gathering place for activities. 6.Dock is located on (check applicable item): one member’s private property. in common.casement or outlot owned property leased by the group/association, property owned by the group/association. Page 1 of 4 i 7. 8. 9. 10. List Dock location and ownership information: Sfeeladdress„ (\l i)r ^ ,Hlll Ugal property descriplion Uj j> \ , l-rl/.,! f ^ fiD»..Qjl/df g___I/',, -hn. A f r /ttH/ ________ Listed property owner(s) 7~,/)t //.'.-r Names/addresses of abutting lakeshore property owners: -■(North/West)\lla /\~p(\J ,jOcL iSoyltVEast) I'fl ft7.^^___iflJ. nr Names/addresses of other affected property owners (attach sheet if necessaiy): -----------------------f-r-p ti-(hci / ________________________ Insurance Coverage - The jointly used dock is insured by one of the following: ----property owner's homeowner's policy, ^^eparate group/association owned policy. i-gjurijName of insurance carrier A.t\ t kn Name of insurance agency nmk , \ ^ ' PolicyNo.3a/ • a5 107 -c^ oVai'4 Amount of coverage: Public liability, per person, per occurrence S ^ fST). 6TfS Public liability, per occurrence $ / ✓ Security and policing of the jointly used dock and property is provided by (check applicable ------ fencing ------security lighting w property owner's presence contract security serv'ice ____other(specify) II. DOCK INFORMATION 11. 12. List Dock Use Area Speciflcatiot|s: Width of shoreline: j(td Length of main dock from shore: 0 ft. Dock setbacks from side property lines at shore: ft. and ' ft Dock Construction (check applicable items): ____ seasonal dock (relocated or replaced each year) ------permanent piling with seasonal deck V permanent piling and decking ____wooden decking _____metal decking Pttge2of4 > ‘ •• ?<3 13.List Dock Accessories: Numbci of flic extinguishers available at the dock G Number of life preservers available at the dock 14.List number of slips in each category ("slips" includes boat lifts): Transient (day use only) slips______ Transient (day use) off-shore buoys Permanent moorage slips _____Permanent moorage off-shore buoys Dry storage (rack) slips Maximum number of boats at the dock 15.List number of off-street parking spaces available for users of the joint use dock. Parking, if provided must not be separated from the dock by any public road. ^ spaces. 111. EROSION AND SEDIMENTATION CONTROi. 16.Shoreline is protected by (check applicable items): ___stone rip rap ____wood seawall ____metal seawall ____ concrete seawall ^ grass and vegetation only ____other (specify) 17. Depth of water at shoreline. X A; at 50 ft. out: - K : at 100 ft. out: ^ H REQUIRED ATTACHMENTS The following must accompany this application: A. DOCK PLAN - ALL APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If oft-street parking, dry storage or other on-land functions are intended, these also should be shown on the plan. B. UNINCORPORATED GROUPS OR ASSOCIATIONS 1. 2. A list of the names and mailing addresses of all members and/or slip users. A certified copy of the by-laws or agreement for joint use. Noie: This copy is not required if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same by-laws or agreement originally made in (stale year) and on file with the City." Applicant's Initials Page 3 of 4 C. INCORPORATED CLUBS OR ASSOCIATIONS 1. A list of the names, mailing addresses and titles of all corporation officers. 2. . A statement as to the total number of members in the club or association. _ members 3.A certified copy of the articles of incorporation and by-laws of the corporation. Note: These copies are not leouired if the applicant initiak and certifies the following sutement: "This is a renewal application and our joint use dock is to be operated under the same articles of incorporation and'or by-laws as originally made or last amended in_______(state year) and on file with the City." _______________Applicant's initials D. ANNUAL LICENSE FEE - ALL APPLICATIONS Joint Use Dock License Application Fee accordin^i * * the current City Fee Schedule INITIAL APPLICATION FEE (S50.00) RENEWAL JOINT USE FEE, per year PLUS SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy, u slips % 2.00 each LATE FEE (S25.00) if application returned after 3/1/03 20.00 S $ /g .()0 TOTAL DUE THIS APPLICATION s., la.dti LATE FEE - Renewals Application for renewal of licenses shall be made no later than March 1 of the license year. The City shall not accept renewal license applications received after March 1 unless the application is accompanied bv a late fee of S2S.00. REVIEW PROCEDURE When a complete application is received, the application will be reviewed by the City Council and, in the case of new or unusual applications, also by the Planning Commission and Marina Committee. The Council will pass upon the application after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Section 5.42 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Orono and the City ’s employees and agents to enter upon the property at any reasonable time to perform safety and code compliance inspections. Signed _ ~ \J. P.Date OSf Page 4 of 4 ! t ' P€*p*rhj oa)A.-e« iS^cc. . "To^ i^Az<r i‘ k»i. • • 7^rt\. XAf'is-r 'fei V J^d /if. /77df ^ / %0 /l^i 0"'*'C /77oja «( , f-S / /y?o/rt<^ :S53^y <uy«^.s ^ n. " lM=e^ 'f,^ f-e.11,'^2^ a^Suit'eni J spe ;U/«.Ai^. /%*# ii(f^U^4^ CJLW^t.J ; REQUEST FOR COUNCIL ACTION Department Approval: Name Wendy Bottenberg DATE: 4/24/03 ITEM NO.: Title Planner Agenda Section: Zoning Item Description:2003 Joint Use Dick Licenses (Renewak): Big Island Inc.Forest Arm HOA Pheasant Lawn HOA Carlson/Gage/Nelson Kelly Cove HOA Victoria Estates HOA Fox Hill HOA Walter Port Assoc.Bohn ’s - Chapman,Aanestad,Mandel List of Exhibits A - City Map of Joint Dock Locations B - Resolutions C - 2003 Applications We are in receipt of 9 renewal joint use dock license applications for the 11 joint use docks the City has historically licensed. Each application exhibits no significant changes from previous licenses. The following applications will be presented to Council for approval when received: • Big Island Vets Camp - Minnetonka Power Squadron STAFF RECOMMENDATION: Staff recommends approval of 2003 joint use dock licenses for each of these nine applicants. COUNCIL ACTION REQUESTED: Adopt the attached resolutions granting joint use dock licenses for 2003 to each of the above applicants. cmr OF ORONO Private Joint Use Dock Locations A • RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO PHEASANT LAWN HOMEOWNERS ASSOCIATION SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1,2003 TO DECEMBER 31,2003 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes. State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR. LMCD, and the City of Orono regulate the property rights of the riparian owTiers both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the common law rights of riparian owners, whether or not they be commercial marinas or residential owners; WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian o\\ ner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but :he right to each riparian owner. This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational beneftts of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and Page I of2 c j I WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 5.42 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an application for an annual Joint Use Dock License described on Exhibit A attached, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted on Exhibit A attached. Adopted by the City Council of the City of Orono at their meeting on the 28th day of April, 2003. ATfESl: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor STA'fE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of ,2003 bv Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUN fY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of ,2003 by Linda S. Vee. City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 2 of 2 i i r ilifc ? CITY OF ORONO EXHIBIT A RESOLUTION NO. rONHITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I.LICENSEE: Pheasant Lawn Homeowners Association Dock Address: 2790 Pheasant Road Agent: Joseph T. Forrer Address: 2655 Pheasant Road, Excelsior, MN 55331 Licensee is:unincorporated homeowner's group X incorporated homeowner's association __ unincorporated club or recreation group __ incorporated club or recreation group other License Period - January 1,2003 to December 3 1,2003 n.BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan. Exhibits B-I thru B-3, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year's license. Authorized Boat Density per attached plan: Bay Transient (Day use only) Slips Permanent Moorage Slips Boat Lifts Sub-Total: Slips at Dock Ofishorc Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY Carman's 5 plus 1 detached 5 plus 1 detached 6 Exhibit A Resolution No.. Page 2 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. III. DOCK LAYOUT The dock structure or layout authorized by this license shall be as .shown on attached Exhibits B-1 and B-2. Any changes in this layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. 1 he issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. 1.The City acknowledges the historic and continued use of this five-slip multiple dock since the 1950's for the benefit of five designated non-riparian properties on the west side of Pheasant Road. 2.The City recognizes the easement over the Pheasant Lawn Homeowners Association commons lot to provide lake access to Lots IS and 18, Pheasant Lawn, and Lots I and 2, Yale Smiley Addition, because as a result of past dredging of the lagoon area in Lot 14, said lots might not abut the actual shoreline of L.ake Minnetonka at any given time. 3.The City acknowledges the existence of the portion of dock and shed existing on City right-of-way and grants temporary permission for said dock and shed to remain at their existing location w ithin the right-of-way until such future date that the City determines that removal of said structures from the City right-of-w ay is in the best interests of the City of Orono. 4.The Homeowners Association and Mahoney shall agree to hold the City harmless from any damage to any private or Association improvements within the right-of-way that might be caused by the City. (Hold Harmless agreements on file) 5.This approval grants a 2003 Joint Use Dock License to the Association for six slips (including Mahoney's detached slip). Applicants are advised of the need to henceforth apply for a Joint Use Dock License annually. fc Exhibit A Resolution No. Page 3 6.The five multiple dock slips are designated for use by specific properties as spelled out below, and no transferor dock rights to different properties within the subdivision of Pheasant Lawn may occur without City approval. Transfer of dock rights to any property outside the subdivision of Pheasant Lawn or to any person who is not a Pheasant Lawn property owner, will not be allowed. 7.The five properties which are each allowed one slip within the five slip multiple dock are described as follows: A. (Porter) 2655 Pheasant Road (Lots 1,2 and part of Lot 3, Pheasant Lawn) B. (Sherf) 2675 Pheasant Road (Lot 6, Pheasant Lawn) C. (Reddick) 2695 Pheasant Road (Lot 8, Pheasant Lawn) D. (Vaughan) 2725 Pheasant Road (North part of Lot 10, Pheasant Lawn) E. (Bakke) 2765 Pheasant Road (South Part of Lot 10, Pheasant Lawn) V. Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary' from time to time in the public interest. 1 »- .w* h. Exhibit B-l In Lot 14^ tlNx HSi^-ipln C'.'urit, 3kowk Resolution # ro»ames/N J' 5co/< •• !C>i Ccrtificcie of Survey: I t-.ervb/ eertiiy thut Vnia in a 14 r.tfJ correct repr«i6«r.wtien of e ourve/ cf the of ^11 O.T 14, "Pfc«*»unt L*vm", #«*?t that part daepriVef. es felU = JeSisr.lr.i; at the lioutheasterly cr msI r.'JsUrl;.* p.e.-r.cr of Let 13 Ir. said «=?.‘yiaca:;t Lr-r.“: fact; thsnee tcuthwa^-tcrl/ ;>.r..i:.:: *-lvldlr.h* lii:a totuetn r»t;ld L*.t 13 and la a dinvanca cf ?O.H fectj th:>nee •LiSterlv do.l4Cw.ntt at ur. buflc of 54*'vO' tc* the l«ft frv:a i:«.at deocilVoJ eourcu a diiitur.cs of f:cv tcancv 4*t c rl:;ht bn^rln Southerly 75 foct or Icno tc tl:; r.hcro cr Lalc-.» Kir.wttnka; ^ **’® point of Uf^itutinc.i or.li* lh» f.erthcbutaa iy t«x;> c.'iry 0. .no arsve^dcscritcd property has botv. surveyed ennuarnts eet enlj* ua-nhfi'.r.*. Scile: 1" ■ 130' Cult : '/<c-yi « : Iro.n u*»rkHP La.nd S-TVC.Mor i»;:u Plarj-.cr lonj Laico, Vi:uiS.eta ^•1* IMitiO* tuf*l /y^l^uvfi «^ri J.^uin\ HU.WI »•►»* “W s V^IN • 0-y v>%jMiiti|f fit 3|r.^ A, I pi Miii A|i r JU^i« SI'^ r*'(* «^Hi(^tjrj {lAi ^ {iai .'^imSai ipp V oic I ir^i i'wv *u«i;V •jWr» ;3utr ^Ui m 4^ p.tj.*J uJ wtm vip ir^i <|(uv 4l vi«(, Exhibit B 'oL Resolution U CITY OF ORONO P.O. Box 66 Crystal Bay, Mn 55323 952-249-4600 LICENSE YEAR 2003 CITY USE ONLY Date Form Mailed to Licensee January 15.1003 Date Applicatloo Returned to CIt)'________ Fee Received S____________ By Employee ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 Section 5.42, Subdivision 2. LICENSE REQUIRED - "It is unlasvful for any (group or association of persons or families, more than two in number, whether incorporated or not) to engage or participate in... Joint use (of any lakeshore property) without nrayiaylng^btalned_ajiccnsejlw Please complete all items and submit signed application, required attachments, and license application fee to the City Clerk by March 1 of the license year. I. ASSOCIATION INFORMATION 1 . Association title or name (if any) Am/yjO /Jg:Sn Q 2. Lake nf/i/e.(foruk}^ Bay ___________ 3. Person responsible for this application: Name Cy>csG^Jv TT }-QtZtZe.ll^ Phone 95^2! - __________ Mailing Address _____________________ Relationship to association Association is (check applicable items); ___ unincorporated homeowner's group. unincorporated club or recreation group. ^ incorporated Homeowner's Association. ___ incorporated club or recreation group. Principal purpose of joint use dock is (check applicable items); provide boat mooring and lake access for residential property. ____ provide swimming access, beach, or offshore dock. ____ provide a club or associatio' gathering place for activities. Dock is located on (check applicable item): ___one member's private property. __ ^ easement or outlot owned in common. __ property leased by the group/association, property owned by the group 'association. Page 1 of 4 7. 8. 9. 10. t List Dock location and ownership information: Street address Legal property description PID# Listed property owner(s)________________________________________ Names/addresses of abutting lakeshore property owners: (NorthAVesO /r C) T^^ctao >u7" JpC. CSouth/East) (/AQ W/L^T" 5vJ<i.iio Names/addresses of other affected property owners (attach sheet if necessary ): Insurance Coverage - The jointly used dock is insured by one of the following: property owner's homeowner’s policy. __separate group/association owned policy. Name of insured Name of insurance carrier Name of insurance agency Policy No.____________Effective date of coverage Amount of coverage: Publicliability, per person, per occurrence S Public liability, per occurrence S Security and policing of the jointly used dock and property is provided by (check applicable items): ____ fencing security lighting property owner’s presence r/uiitv service other (specify)contract security service II. DOCK INFORMATION 11 . List Dock Use Area Specifications: VV idth of shoreline: fl. Length of main dock from shore: Dock setbacks from side property lines at shore: ________ fl. and fl. fl. 12. Dock Construction (check applicable items): ____ seasonal dock (relocated or replaced each year) ____permanent piling with seasonal deck permanent piling and decking ____wooden decking _____metal decking Page 2 of 4 ------------------------ 13.List Dock Accessories: Number of fire extinguishers available at the dock Number of life preservers available at the dock !f\) A>oxtfF^ ■iMl—<6 ojb .1~« 14.List number of slips in each category ("slips" includes boat lifts): Transient (day use only) slips______ Transient (day use) off-shore buoys ______ Permanent moorage slips 5'^y Permanent moorage off-shore buoys _____ Dry storage (rack) slips___________Maximum number of boats at the dock 15.List number of off-street parking spaces available for users of the joint use dock. Parking, if provided must not be separated from the dock by any public road. / Q spaces. 111. EROSION AND SEDIMENTATION CONTROL 16. Shoreline is protected by (check applicable items): Scm€- stone rip rap ___wood seawall ^^M^metal seawall ^ grass and vegetation only ____other (specify)_____ concrete seawall 17. Depth of water at shoreline: ^ ft; at 50 ft. out: : at 100 ft. out: ^ REQUIRED ATTACHMENTS The following must accompany this application: A. DOCK PLAN - ALL APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on-land functions are intended, these also should be shown on the plan. B. UNINCORPORATED GROUPS OR ASSOriATIOM^; 1. 2. A list of the names and mailing addresses of all members and'or slip users. A certified copy of the by-laws or agreement for joint use. Note: This copy is not reoulfcd if the appliesnt initials and certifies tne following statement: "This is a renewal application and our joint use dock is to be operated under the same by-law s or agreement originally nude in (state year) and on file with the City." Applicant’s initials Page 3 of 4 ■ II I II m I ijl'irnaii ai ■ n n n an I ■ I n m i i mhiii hi i iii lii ifci c.INCORPORATED CLUBS OR ASSOCIATIONS 1. A list of the names, mailing addresses and titles of all corporation officers. 2. . A statement as to the total number of members in the club or association. ) members 3. A certified copy of the articles of incorporation and by-laws of the corporation. Note: These copies are not required if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same articles of incorporation and/or by-laws as originally made or last amended in _______(state year) and on file with the CN.) J ^ fi Applicant's initials ANNUAL LICENSE FEE - ALL APPLICATIONS Joint Use Dock License Application Fee according to the current City Fee Schedule INITIAL APPLICATION FEE (S50.00) RENEWAL JOINT USE FEE, per year PLUS SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy, slips @ 2.00 each LATE FEE (S25.00) if application returned after 3/1/03 TOTAL DUE THIS APPLICATION S $ $ S 20.00 IZ^CC s cc LATE FEE - Renewals Application for renewal of licenses shall be made no later than March 1 of the license year. The City shall not accept renewal license applications received after March 1 unless the aoplication is accompanied bv a late fee of S25.‘00. REVIEW PROCEDURE When a complete application is received, the application will be reviewed by the City Council and, in the case of new or unusual applications, also by the Planning Commission and Marina Committee. The Council will pass upon the application after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Section 5.42 ofthe Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Orono and the City's employees and agents to enter upon the property at any reasonable time to _ Date__/ / In.^ 3/y / cjc>e t^t^eK. -- ^Q?SS /^ej(^y9^J>(r^ 9 9 r~ v:?/! "Sifejje^ ^ jB^KKe. *- ^U£jO P\^00 f%€/^%>f9'f0T^ AqG./^ jsicep/^ej^s p "iXn /77j9-horo^i^ ^^'?(t^'Q ^) fZ^<Ql(i K i) -^hS5 -j? y7m* (^/I'^/O ^7^15 fheA»fi-iof g) ‘§'V^4i — Sf^QS 'f^'.cfi-’s.nM ~0)( th §'/ei?e- 0-/gKf:<Z, A REQUEST FOR COUNCIL ACTION Department Approval: Name Wendy Bottenberg DATE: 4/24/03 ITEM NO.: Title Planner Agenda Section: Zoning Item Description:2003 Joint Use Dick Licenses (Renewals): Big Island Inc.Forest Arm HOA Pheasant Lawn HOA Carlson/Gage/Nelson Kelly Cove HOA Victoria Estates HOA Fox Hill HOA Walter Port Assoc.Bohn’s - Chapman,Aancstad,Mandel List of Exhibits A - City Map of Joint Dock Locations B - Resolutions C - 2003 Applications We are in receipt of 9 renewal joint use dock license applications for the 11 joint use docks the City has historically licensed. Each application exhibits no significant changes from previous licenses. The following applications will be presented to Council for approval when received: • Big Island Vets Camp • Minnetonka Power Squadron STAFF RECOMMENDATION: Staff recommends approval of 2003 joint use dock licenses for each of these nine applicants. COUNCIL ACTION REQUESTED: Adopt the attached resolutions granting joint use dock licenses for 2003 to each of the above applicants. c! . v*av^ r cmr OF ORONO Private Joint Use Dock Locations BIG ISUMO N BIG ISLAND, INC. d RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO FOXHILL HOMEOWNERS ASSOCIATION SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1,2003 TO DECEMBER 31,2003 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Departmen* of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable wateis involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the commonlaw rights of riparian owners, w hether or not they be commercial marinas or residential owners; WHEREAS, as to Lake Minnetonka, a mutual right of enjo>inent exists betxveen and is shared by- riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common w ith all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. 1 his mutual right of enjoy-ment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and Page 1 of2 iiifciiiifci I II I p|| f BiiMi ifciii — t WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights: and WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshorc and dock facilities when such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 5.42 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an application for an annual Joint Use Dock License described on Exhibit A attached. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted on Exhibit A attached. Adopted by the City Council of the City of Orono at their meeting on the 28th day of April. 2003 ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this______ Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. day of 2003 by Notary Public STAl E OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this__day of .2003 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 2 of2 rw H CITYOFORONO EXHIBIT A RESOLUTION NO. rONniTIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I.LICENSEE: Foxhill Homeowners Association Dock Address: 1801 Shoreline Drive Agent: E. Leo Bullock. Dockmaster Address: 1160 Heritage Drive, Wayzata, MN 55391 Licensee is:X_unincorporated homeowner's group __ incorporated homeowner ’s association __ unincorporated club or recreation group __ incorporated club or recreation group other License Period - January 1,2003 to December 31,2003 II.BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan. Exhibit B. and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year's license. Authorized Boat Density per attached plan: Bay Transient (Day use only) Slips Permanent Moorage Slips Boat Lifts Sub-Total: Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY Smith's 16 Exhibit A Resolution No. Page 2 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. 111. DOCK LAYOUT The dock structure or layout authoi ized by this license shall be as shown on attached Exhibit B. Any changes in this layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required tor compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply w ith these conditions is cause for license revocation and/or prosecution by the City. 1.The maximum number of slips or moorings to be licensed in the future shall not exceed 16 provided that for any given year, the license shall be issued for no more than 1 boat per residence in the Foxhill Subdivision according to the findings set forth in the Resolution 1042 adopted by the City Council of the City of Orono on the 12th day of June, 1979. 2.Winter storage of dock parts and sections shall be permitted on Outlot #1 between the time the dock is removed from the lake in the fall and June 1st of the following year. V. Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. p^<> /<?/ '(IP I—r tE> (3> 1 I ] ^5>^ - <0> a>(S>Cf>-6)(S) - fl> 1—n X * ^cnof>5- <2i) i-j—t ^OOt - /^ 5S0s i4 •5 |o <»iS X i'ssf^o*Ji “ tu> 70a IS m X 5! a*’ Ip S o 3 A .5 ifkilta^fthiiMtiriiilii ■*1«LU CITY OF ORONO P.O. Box 66 Crystal Bay, Mn 55323 952-249-4600 LICENSE YEAR 2003 CITY USE ONLY Date Form Mailed to Licensee Januars-15,2003 Dale Application Returned to Clt>'________ Fee Received S___________By Employee ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 Section 5.42, Subdivision 2. LICENSE REQUIRED - "It is unlawful for any (group or association of penons or families, more than two in number, whether incorporated or not) to engage or participate in... Joint use (of any lakeshore properly) without nrs^havIngobta|ned_yicMse_lhmfor_fr^jhc^ll^/^^^^^^^^^^^^^^^^ Please complete all items and submit signed application, required attachments, and license application fee to the City Clerk by March 1 of the license year. /jpplin^ rf>{ /4> c4>ci^-o/i/^ r 1^ 1. ASSOCIATION INFORMATION 1. 2. Association title or name (if any) Ukc /l^f/1 0 n- hxtJiH MsoUAfion Bay 3.Person responsible for this application; Name^ %H^lxU.j3U.U4. SijxAtS. Phone 7/- TZC' l. Mailing Address l/Lo Zd/|«L /y)U O 6 3 7/ Relationship to association 4.Association is (check applicable items): A* unincorporated homeowner's group.. ___ incorporated Homeowner's Association. unincorporated club or recreation group, incorporated club or recreation group. 5. 6. Principal purpose of joint use dock is (check applicable items): A provide boat mooring and lake access for residential property. ____ provide swimming access, beach, or offshore dock. ____provide a club or association gathering place for activities. Dock is located on (check applicable item): ___one member's private property. A easement or outlot owned in common. property leased by the group/association, property owmed by the group/association. Page 1 of 4 } m V? 7. 8. 9. List Dock location and ownmhipjofiuination: t Street address ^<L ^ /S /j'f Ia*i e Legal property description_Z. PID# Listed property owner(s) fV)^ Hi H ^ Names/addresses of abutting lakeshore property owners: (NorthAVest) fSouth/East> Names/addresses of other affected property owTiers (attach sheet if necessary): Insurance Coverage - The jointly used dock is insured by one of the following: _A property owner's homeowner's policy. ^ separate group/association owned policy. Name of insured_______^ll Atfit h Name of insurance carrier Name of insurance agency //f tHne/r\ S’tTYUji CCj£'t?(oBo6H 'l Effective date of coverage ^/t /c 2^Policy No. CL Amount of coverage: Public liability, per person, per occurrence $ /, ooo, fiop Public liability, per occurrence S /. ooo i>co 10. Security and policing of the jointly used dock and property is provided by (check applicable items): ____ fencing ____security lighting ____ contract secunty service property owner's presence other (specify) 11. DOCK INFORiMATION 11. List Dock Use Area Specifications: Width of shoreline: n. Length of main dock from shore: / / i Dock setbacks from side property lines at shore: ^0 ft. and 2^0 12.Dock Construction (check applicable items): A seasonal dock (relocated or replaced each year) ____ permanent piling with seasonal deck____permanent piling and decking .5 w ooden decking metal decking Page 2 of4 1 13. List Dock Accessories: Number of fire extinguishers available at the dock Number of life preservers available at the dock 0A4 SiO/hfS 14.List number of slips in each categonr ("slips" includes boat lifts): Transient (day use only) slips jt? Permanent moorage slips Dry storage (rack) slips _ Transient (day use) off-shore buoys Permanent moorage off-shore buoys Maximum number of boats at the dock 15.List number of off-street parking spaces available for users of the joint use dock. Parking, if provided must not be separated from the dock by any public road. _______spaces. III. EROSION AND SEDIMENTATION rONTROI 16. Shoreline is protected by (check applicable items): A stone rip rap ___wood seawall ____metal seawall grass and vegetation only other (specify) concrete seawall 17. Depth of water at shoreline:A; at 50 A. out:: at 100 A. out: REQUIRED ATTACHMENTS The following must accompany this application: A.DOCK PLAN - ALL APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on-land functions arc intended, these also should be shown on the plan. B. UNINCORPORATED GROUPS OR ASSOCIATIONS 1. 7 A list of the names and mailing addresses of all members and/or slip users. A certified copy of the by-laws or agreement for joint use. Note; This copy is not required if the applicant initials and cenifics the following statement: "This is a renewal application and our joint use dock is to be operated under the same by-laws or agreement originally made in (state year) and on file with the City." j Applicant's iiutials Page 3 of 4 c.INCORPORATED CLUBS OR ASSOCIATIONS 1 . A list of the names, mailing addresses and titles of all corporation officers. 2.A statement as to thelotal number of members in the club or association, members 3.A certified copy of the articles of incorporation and by-laws of the corporation. Note: These copies are not required if the applicant initials and certifies the following sutement: "This is a renewal application and our joint use dock is to be operated under the same articles of incorporation and/or by-laws as originally made or last amended in_______(state year) and on file with the City." ^iplicant’s initials D.ANNUAL LICENSE FEE - ALL APPLICATIONS Joint Use Dock License Application Fee according to the current City Fee Schedule INITIAL APPLICATION FEE (S50.00) RENEWAL JOINT USE FEE, per year PLUS SLIP FEE for each permanent moorage slip, lift, diy stack, or buoy. slips @ 2.00 each LATE FEE (S25.00) if application returned after 3/1/03 S $20.00 S S 2k.i TOTAL DUE THIS APPLICATION LATE FEE - Renewals Application for renewal of licenses shall be made no later than March 1 of the license year. The City shall not accept renewal license applications received after March 1 unless the apDlication is accompanied bv a late fee of S2S.0Q. REVIEW PROCEDURE When a complete application is received, the application will be reviewed by the City Council and, in the case of new or unusual applications, also by the Planning Commicsion and Marina Committee. The Council will pass upon the application after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONDY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Section 5.42 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Orono and the Citys employees and agents to enter upon the property at any reasonable time to perform safety and code compliance inspections. Signed Date REQUEST FOR COUNCIL ACTION Department Approval: Name Wendy Bottenberg DATE: 4/24/03 ITEM NO.: Title Planner Agenda Section: Zoning Item Description:2003 Joint Use Dick Licenses (Renewals): Big Island Inc.Forest Arm HOA Pheasant Lawn HOA Carlson/Gage/Nelson Kelly Cove HOA Victoria Estates HOA Fox Hill HOA Walter Port Assoc.Bohn’s - Chapman.Aanestad.Mande! List of Exhibits A - City Map of Joint Dock Locations B - Resolutions C - 2003 Applications We are in receipt of 9 renewal joint use dock license applications for the 11 Joint use docks the City has historically licensed. Each application exhibits no significant changes from previous licenses. The following applications will be presented to Council for approval when received: - Big Island Vets Camp • Minnetonka Power Squadron STAFF RECOMMENDATION: Staff recommends approval of 2003 joint use dock licenses for each of these nine applicants. COUNCIL ACTION REQUESTED: Adopt the attached resolutions granting joint use dock licenses for 2003 to each of the above applicants. £ I Ti .. ih I r .ifkt 1 RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO FOREST ARMS COUNTRY CLUB ADDITION HOMEOWNERS ASSOCIATION, INC. SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1,2003 TO DECEMBER 31,2003 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primaiy’ harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation ol the navigable waters involves an exercise of police power of tlie State, LMCD. and the City of Orono. all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina ow ners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the comnionlaw rights of riparian owners, whether or not they be commercial marinas or residential ow ners; WHEREAS, as to Lake Minnetonka, a mutual right of enjo>nient exists between and is shared by riparian owners and the public generally, no one riparian owner htis exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian ow ner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common w ith all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. This mutual right of enjo>nient which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and Page 1 of2 I WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities are used and maintained by three or more families, which regulations include the atmual licensing of Joint Use Docks pursuant to Section 5.42 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an application for an annual Joint Use Dock License described on Exhibit A attached, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted on E.\hibit A attached. Adopted by the City Council of the City of Orono at their meeting on the 28th day of April, 2003. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknow ledged before me on this day of , 2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of ,2003 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 2 of 2 i f I CITY OF ORONO EXHIBIT A RESOLUTION NO. rnNniTIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I. LICENSEE: Forest Arms Country Club Addition Homeowners Association, Inc, Dock Address: 4245 Forest Lake Drive Agent: Jerry LeMire Address: 4205 Forest Lake Drive, Mound, MN 55364 Licensee is:unincorporated homeowner's group X incorporated homeowner's association __ unincorporated club or recreation group __ incorporated club or recreation group other _________ License Period - January 1,2003 to December 31,2003 II.BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan, Exhibits B and C, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year's license. Authorized Boat Density per attached plan: Bay Transient (Day use only) Slips Permanent Moorage Slips Boat Lifts Sub-Total: Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY Forest Lake JA same Ji Exhibit A Resolution No.. Page 2 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject lo revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. III. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit B. Any changes i.i this layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. 1. The Purchase Agreement by and between the City of Orono and the Forest Arms Country Club Addition Homeowners Association, Inc. will permit a maximum of 14 slips. The City will approve 14 slips for this license year based on the number of developed interior lots within the subject plat. V. Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. %' J ^.• • • «': - '.•' ■^ . V . 70n(/)o m X=r cr£ ^ o 3 % CITY OF ORONO P.O. Box 66 Cr}'stal Bay, Mn 55323 952-249>4600 LICENSE YEAR 2003 CITY USE ONLY Dite Form Mailed to Licensee January 15.20C3 Date Application Returned to City___________ Fee Received S gy Employee Cy A ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 Section 5.42, Subdivision 2. LICENSE REQUIRED - ”It is unlawful for any (group or association of persons or families, more than two in number, w hether incorporated or not) to engage or participate in ...Joint use (of any lakeshore property) without first having obtained a iicense therefor from the Citv.” Please complete all items and submit signed application, required attachments, and license application fee to the City Cierk by March 1 of the license year. I. .ASSOCIATION INFORMATION 1. 2. 3. AssociatiojUitle or name (if any) ^ Lake _________ Bay ___________ Person responsible for this application: Name iPhone ^12. A Mailing Address * (-^ AC /)i 4. Relationship to association /'CAA.f' < Association is (check applicable items): unincorporated homeowner's group. ___ unincorporated club or recreation group. f" incorporated Homeowner's Association. ___ incorporated club or recreation group. 5.Principal purpose of joint use dock is (check applicable items): X provide boat mooring and lake access for residential property. ^ provide swimming access, beach, or offshore dock. 6. provide a club or association gathering place for activities. Dock is located on (check applicable item): ___one member's private property. ___property leased by the group/association. easement or outlet owned in common. property owned by the group/association. Page 1 of 4 7. 8. A 10. List Dock location and ownership information: . Street address _______M TnM ^ I ^ Legal property description (*-‘2^ CC PID#____________r?7 - m - 2. 3 i~OOZJb___________ Listed property owner(s) tc;C>^uj!- tlA^o ■___________________ Names/addresses of abutting lakeshore property owners: fl^lo^thAVestl______^ j^i fSouth/EasO ________Kf^A) Ark)A{> K <-/ Z- 7^ ^( ‘n ft Names/addresses of other affected property owners (attach sheet if necessary): 9. Insurance Coverage - The jointly used dock is insured by one of the following: property owner’s homeowner’s policy, y^separate group/association owned policy. Name of insured Name of insurance carrier Name of insurance agency Policy No.____________Effective date of coverage Amount of coverage: Public liability, per person, per occurrence S_ Public liability, per occurrence S Security and policing of the Jointly used dock and property is provided by (check applicable items): fencing >r security lighting property owner’s presence ____contract security service _____other (specify) ___________________________ II. DOCK INFORM.ATION 11. List Dock Use Area Specifications: Width of shoreline: 7-7-0 ft. Length of main dock from shore: ^ ^ Dock setbacks from side property lines at shore: _____3 O ft. and ft, ft. 12. Dock Construction (check applicable items): seasonal dock (relocated or replaced each year) ____ permanent piling with seasonal deck ____permanent piling and decking y wooden decking ____metal decking Page 2 of4 1 iMsistJkjaaaj * • q i-OOgJ2)___________ I ? • 6ST 4I heet if necessaiy): e of ihe following: )up/association o\Mied policy. irage _ rence S Is provided by (check applicable owner s presence Tom shore: ^ ft. ft. and ft. anent piling and decking 13. List Dock Accessories: . , Number of fire extinguishers available at the dock_____________________________ Number of life preservers available at the dock A-lfe 14. List number of slips in each category ("slips" includes boat lifts): Transient (day use only) slips______ Transient (day use) off-shore buoys_________ Permanent moorage slips__________ Permanent moorage off-shore buoys________ Dry storage (rack) slips___________ Maximum number of boats at the dock 15. List number of off-street parking spaces available for users of the joint use dock. Parking, if provided must not be separated firom the dock by any public road. spaces. 111. EROSION AND SEDIMENTATION CONTROL 16.Shoreline is protected by (check applicable items): ___stone rip rap ____wood seawall ____metal seawall V grass and vegetation only S other (specify) _ concrete seawall Depth of water at shoreline: fi) ft; at 50 ft. out: ^ ; at 100 ft. out: V /• QUIRED ATTACHMENTS The following must accompany this application: DOCK PLAN - ALL APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property tines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on-land functions are intended, these also should be shown on the plan. B. UNINCORPORATED GROUPS OR ASSOCIATIONS 1. A list of the names and mailing addresses of all members and/or slip users. 2. A certified copy of the by-lcws or agreement for joint use. Note; This copy is not required if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same by-laws or agreement originally made in_______ (state year) and on file with the City.” ______________.Applicant's initials Page 3 of 4 C. INCORPORATED CLUBS OR ASSOTTATinNlS 1.A list of the names, mailing addresses and titles of all corporation officers. 2.. A statement as to the total number of members in the club or association. m members 3. A certified copy of the articles of incorporation and by-laws of the corporation. Note: These copies are not required if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same articles of incorporation and/or by-laws as originally made or last amended in *7 ( (state year) and on file with the Applicant's initials D. ANNUAL LICENSE FEE - ALL APPUCATIONS 20.00 Joint Use Dock License Application Fee according to the current City Fee Schedule INITIAL APPLICATION FEE ($50.00) $ RENEWAL JOINT USE FEE, per year $ PLUS SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy. _/fL slips @2.00 each $ ___ LATE FEE (S25.00) if application returned after 3/1/03 S TOTAL DUE THIS APPLICATION S ■ oo LATE FEE - Renewals Application for renewal of licenses shall be made no later than March 1 of the license year. The Citv shall not accept renewal license applications received after March 1 unless the anplicatinn Iq accompanied bv a late fee of S2S.00. REVIEW PROCEDURE When a complete application is received, the application will be reviewed by the City Council and, in the case of new or unusual applications, also by the Planning Commission and Marina Committee. The Council will pass upon the application after complete review. THE SUBJEC'f DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Section 5.42 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Orono and the City’s employees and agents to enter upon the property at any reasonable time to perform safely and code compliance inspections. Signed U( !/ Date fd. Page 4 of 4 i REQUEST FOR COUNCIL ACTION Department Approval: Name Wendy Bottenberg DATE; 4/24/03 ITEM NO.; Title Planner Agenda Section: Zoning Item Description:2003 Joint Use Dick Licenses (Renewals): Big Island Inc.Forest Arm HOA Pheasant Lawn HOA Carlson/Gage/Nelson Kelly Cove HOA Victoria Estates HOA Fox Hill HOA Walter Port Assoc.Bohn ’s - Chapman,Aanestad,MandeI List of Exhibits A - City Map of Joint Dock Locations B - Resolutions C - 2003 Applications We are in receipt of 9 renewal joint use dock license applications for the 11 joint use docks the City has historically licensed. Each application exhibits no significant changes from previous licenses. The following applications will be picsented to Council for approval when received: • Big Island Vets Camp - Minnetonka Power Squadron STAFF RECOMMENDATION: Staff recommends approval of 2003 joint use dock licenses for each of these nine applicants. COUNCIL ACTION REQUESTED: Adopt the attached resolutions granting joint use dock licenses for 2003 to each of the above applicants. cmr OF ORONO Private Joint Use Dock Locations A i fel.:; ^1. <* ' *t- , " **- ^ V- .* ^y */ . Kfo4i /'■ j ■‘'t ? ■ / '.r ..' ♦ •■ ■ ; Mfe \ ................ RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO THE OWNERS OF PROPERTY LOCATED AT 460 TONKAWA ROAD, 500 TONKAWA ROAD AND 550 TONKAWA ROAD SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1,2003 TO DECEMBER 31,2003 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes. State Statute 412, et. seq. and State Statute 462, et. scq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resourees of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State. I.MCI), and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal proteetion from activity on or near the publie waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR. LMC'D. and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial m.'.rina owners to the extent prohibiting ;uiy interference with the public waters adjoining their property. The l.MCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the common law rights of riparian owners, whether or not they be commercial marinas or residential owners; WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over I.;ike Minnetonka. The only additional private right that any ri|)arian owner may ha\e over the public generally is to construct one dock to the navigable depth of the public waters. I herc can be no dispute but that the public generally and each riparian owner to I ake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. 1 his right is a right not only to members of the public but the right to each riparian owner. 1 his mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and Page 1 of2 K \ L WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 5.42 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an application for an annual Joint Use Dock License described on Exhibit A attached, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted on Exhibit A attached. Adopted by the City Council of the City of Orono at their meeting on the 28th day of April, 2003. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of .2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corp>oration and said instrument was e.xecuted on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of ,2003 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 2 of2 CITY OF ORONO EXHIBIT A RESOLUTION NO. rONniTlONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I. LICENSEE: Property owners of 460,500 and 550 Tonkawa Road Dock Address: 500 Tonkawa Road Agent: c/o Christine Schmidt Address: Tonkawa, Inc., 301 Carlson Parkway, Suite 102, Minnetonka, MN 55305 Licensee is:__ unincorporated homeowner's group __ incorporated homeowner's association __ unincorporated club or recreation group __ incorporated club or recreation group X other ____not applicable License Period - January 1,2003 to December 31,2003 II.BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan. Exhibit B, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year's license. Authorized Boat Density per attached plan: Bay Transient (Day use only) Slips Permanent Moorage Slips Boat Lifts Sub-Total: Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY Stubbs Bay 8 8 _2 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. Exhibit A Resolution No.. Page 2 III. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit B. Any changes in this layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to lull compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. V. 1.The eight approved slips are for the exclusive private use of the property owners at 460 Tonkawa Road (Gage), 500 Tonkawa Road (Nelson) and 550 Tonkawa Road (Carlson). Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. M:. *1^ <\K i.^LLA> ^ 1 ------------- 1; CITY OF ORONO P.O. Box 66 Crystal Bay, Mn 55323 952-249-4600 LICENSE YEAR 2003 CITY USE ONLY Dale Form Mailed to Licensee January IS. 2003 Dale Application Relumed to City H - 7-P 3 Fee Received S _ ^ CO By Employee Ic A ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 Section 5.42, Subdivision 2. LICENSE REQUIRED ■ ”lt is unlasvful for any (group or association of persons or families, more than two in number, svhethcr incorporated or not) to engage or participate in... Joint use (of any lakeshore properly) without first having obtained a license therefor from the Citv.'* Please complete all items and submit signed application, required attachments, and license application fee to the City Clerk by March 1 of the license year. L ASSOCIATION INFORMATION I. Association title or name (if any) Lake Minnetonka____ ____ Carlson, Nelson and Cage Families 2. 3. Bay Stubbs Person responsible for this application: Name Christine Schmidt Phone 952-404-5606 ... Tonkawd, 301 Carlson Parkway, buite 102 Mailing Address Minnetonka. MN 55305 4. Relationship to association Director of fjmily Services - Tonkawa__________ Association is (check applicable items): unincorporated homeowner's group. ___ unincorporated club or recreation group. ___ incorporated Homeowner's Association. ___ incorporated club or recreation group. 5.Principal purpose of joint use dock is (check applicable items): - X provide boat mooring and lake accers for residential property. _____ provide sw imming access, beach, or offshore dock. ____provide a club or association gathering place for activities. 6.Dock is located on (check applicable item): _one member's private property. ___easement or outlet owned in common. property leased by the group/association, property owned by the group/association. Page I of4 7. 8. 10. List Dock location and ownership information: Street address 500 Tonkawa Road Legal property description NW 1/» - SW 1/4. Section 5. Township 117, Range 23 PID# Listed property owner(s) Dr. Glen D. and Marilyn C. Nelson Names/addresses of abutting lakeshore property owners: (NorthAVesO Mr. 6 Mrs. Edwin C. Gage. 460 Tonkawa Road. Long Lake. MN 5 5356 fSouth/EasO Mrs. Curtis L. Carlson, 550 Tonkawa Road, Long Lake, MN 5535( Names/addresses of other affected property owners (attach sheet if necessary): None 9. Insurance Coverage - The jointly used dock is insured by one of the following: property owner's homeowner's policy.__separate group/association owned policy. Name of insured Dr. Glen D. and Mrs. Marilyn C. Nelson Name of insurance carrier • Great LaKes Name of insurance agency Viarsh. Inc._____________________________ Policy No. WBO 201619_____ Effective date of coverage 7/1/02 to 6/30/03 Amount of coverage: Public liability, per person, per occurrence S Public liability, per occurrence $ Security and policing of the jointly used dock and property is provided by (check applicable items): ____fencing x security lighting _ property owmer's presence _ contract security service ___ other (specify) Note : Dr. Nelson's shoreline is 306'; the combined shoreline, adding Mrs. Carlson's 6 Cage's Is 1,242' ^ ^ II. DOCK INFORMATION II.List Dock Use Area Specifications: Width of shoreline: 296 A. Length of main dock from shore: 95 A, __ A.and A.Dock setbacks from side property lines at shore: 12.Dock Construction (check applicable items): X seasonal dock (relocated or replaced each year) ____permanent piling with seasonal deck _____ permanent piling and decking X wooden decking ____metal decking Page 2 of 4 13. 14. List Dock Accessories: Number of fire extinguishers available at the dock boats are equipped with extinguishers Number of life preservers available at the dock boats 6 storage shed contain adequate life preservers List number of slips in each category ("slips" includes boat lifts): Transient (day use only) slips « Transient (day use) off-shore buoys p Permanent moorage slips_____0 Permanent moorage off-shore buoys 0 Dry storage (rack) slips______^ Maximum number of boats at the dock ^ 15. List number of off-street parking spaces available for users of the joint use dock. Parking, if provided must not be separated from the dock by any public road. _______spaces. 111. EROSION AND SEDIMENTATION CONTROI 16.Shoreline is protected by (check applicable items): ___stone rip rap ____wood seawall ____metal seawall ____concrete seawall X grass and vegetation only other (specify) 17. Depth of water at shoreline: 1/2 ft; at 50 ft. out: ^____; at 100 ft. out: 18' REQUIRED ATTACHMENTS The following must accompany this application: DOCK PLAN - ALL APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If ofF-strcct parking, dry' storage or other on-Iand functions are intended, these also should be shown on the plan. B. UNINCORPORATED GROUPS OR ASSOC!AT10N<; 1. A list of the names and mailing addresses of all members and/or slip users. 2.A certi fied copy of the by-laws or agreement for joint use. Note: This copy is not require .t if the applicant initials and certifies the following sutement: "This is a renewal application and our joint use dock is to be operated under the same by-laws or agreement originally nude in (state year) and on file w ith the City." Applicant’s initials Page 3 of 4 C. INCORPORATED CLUBS OR ASSOCIATIONS 1 . A list of the names, mailing addresses and titles of all corporation officers. 2.. A statement as to the total number of members in the club or association, members 3.A certified copy of the articles of incorporation and by-laws of the corporation. Note: These copies are not required if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same articles of incorporation and/or by-laws as originally made or last amended in fstate veart and on file with the City." _______________ Applicant's initials D. ANNUAL LICENSE FEE - ALL APPLICATIONS Joint Use Dock License Application Fee according to the curren* City Fee Schedule INITIAL APPLICATION FEE ($50.00) RENEWAL JOINT USE FEE, per year PLUS SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy. 8 slips @ 2.00 each LATE FEE ($25.00) if application returned after 3/1/03 20.00 $ $ 16.00 TOTAL DUE THIS APPLICATION 36.00 LATE FEE - Renewals Application for renewal of licenses shall be made no later than March 1 of the license year. The City shall not accept renew al license applications received after March 1 unless the application is accompanied bv a late fee of $25.00. REVIEW PROCEDURE When a complete application is received, the ^plication will be reviewed by the City Council and, in the case ofnew or unusual applications, also by the Planning Commission and Marina Committee! The Council will pass upon the application after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Section 5.42 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Orono and the employees and agents to enter upon the property at any reasonable time to perform safety ^d/ode compliance inspections. Signed —— Date Page 4 of 4 itiuidiiikiil I REQUEST FOR COUNCIL ACTION Department Approval: Name Wendy BoUenberg DATE: 4/24/03 ITEM NO.: Title Planner Agenda Section: Zoning Item Description: 2003 Joint Use Dick Licenses (Renewals): Big Island Inc.Forest Arm HOA Pheasant I.awn HOA Carlson/Gage/Nelson Kelly Cove HOA Victoria Estates HOA Fox Hill HOA Walter Port Assoc.Bohn ’s - Chapman.Aanestad.Mandel List of Exhibits A - City Map of Joint Dock Locations B - Resolutions C - 2003 Applications We are in receipt of 9 renewal joint use dock license applications for the 11 joint use docks the City has historically licensed. Each application exhibits no significant changes from previous licenses. The following applications will be presented to Council for approval when received: • Big Island Vets Camp - Minnetonka Power Squadron STAFF RECOMMENDATION: Staff recommends approval of 2003 joint use dock licenses for each of these nine applicants. COUNCIL ACTION REQUESTED: Adopt the attached resolutions granting joint use dock licenses for 2003 to each of the above applicants. IS Iravi'j. . . . . .' V, .Mr '. .'" It ^:. . U» . * «. ■■ V >y s ,i?-: .!,•:; ' .■ vl ■ ‘i* m4*. v,t * ” naaM itAtitadamiitamA RESOLUTION DIRECTING STAFF TO ISSUE JOINT USE DOCK LICENSE TO BIG ISLAND, INC. SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1,2003 TO DECEMBER 31,2003 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes. State Statute 41 2, et. seq. and Stale Statute 462, el. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of ihe City of Orono with the Lake Minnetonka Conscr\ ation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an e.\ercise of police power of the Slate, LMCD, and the City of Orono. all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WTIEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian ow ners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their properly. 1 he LMCD, DNR and City of Orono must fulllll their trusteeship over the public waters by protecting against interference by anyone, including those who a.s.sert the common law rights of riparian owners, whether or not they be commercial marinas or reside itial ow ners; WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has e.xclusivc privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally i-. io construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common w iih all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. 1 his mutual right of enjoyment w hich is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to tnese rights; and WHEREAS, Lake Miimetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such r. way as to ensure there is no abuse of the limited riparian rights; and Page 1 of2 f a WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 5.42 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an application for an annual Joint Use Dock License described on Exhibit A attached, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the StafTto issue a Joint Use Dock License according to the facts and conditions noted on Exhibit A attached. Adopted by the City Council of the City of Orono at their meeting on the 28th day of April, 2003. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of .. 2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF MliNNEPlN The foregoing instrument was acknowledged before me on this day of .2003 by Linda S. Vee, City Clerk of the City of Orono. a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary' Public Page 2 of 2 1 CITY OF ORONO EXHIBIT A RESOLUTION NO. rONniTlONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I. LICENSEE: Big Island, Inc. Dock Address: Big Island, Record Lots U\2 and 19 (S20/S30 Big Island) Agent: Tom Wolfe Address: 122 Second Street, Excelsior, MN 55331 Licensee is:unincorporated homeowner’s group incorporated homeowner's association unincorporated club or recreation group XX incorporated club or recreation group other License Period - January 1,2003 to December 31,2003 II.BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan. Exhibit B, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys e.xcecd the number permitted in the prior year's license. Authorized Boat Density per attached plan: Bay Transient (Day use only) Slips Permanent Moorage Slips Boat Lifts Sub-Total: Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats pci i;**or license M.^X1MUM BOAT DENSITY Lower Lake 15 '^Per Resolution No. 3006, occasional overnight camping allowed. « ... .. ................ V.'.- Exhibit A Resolution No.. Page 2 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. III. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit B. Any changes in this layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. I. Licensee shall comply with all requirements of City of Orono Resolution No. 3006. 2.The maximum allowed boat density per Resolution No. 3006 is 15 total slips. Any increase above this number of slips shall be subject to licensee first obtaining Conditional Use Permit approval from the City. The number of slips licensed for the current license period is 14 . V.Nothing in this license shall confer upon any person for the benefit of any property any vested right tc use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall • Lem necessary from time to time in the public interest. STYROFOAM DOCK ADVISORY. Licensee is advised that the use of unprotected st} rofoam as a dock flotation mateiial has been baimed per Ordinance No. 104, Second Series. I J .. iMI—-nlHrMm Iinmrfniiini ^sT7<?T>^ ..M» Sl'tr \ pc.^«Us 4 *^s I irramiiinirfWrfanngiai TJtJUtrx^rt^, i CITY OF ORONO P.O. Box 66 Crystal Bay, Mn 55325 952-249-4600 LICENSE YEAR 2003 CITY USE ONLY Dale Form Mailed to Licensee Januars- IS. 1001 Date Application Returned to City__________ Fee Received S______________ B> Employee ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 Section 5.42, Subdivision 2. LICENSE REQUIRED - "It i$ uniasvful for any (group or association of persons or families, more than tsvo in number, svhether incorporated or not) to engage or participate in ... Joint use (of any lakeshore property) svithout JlraMiaylngobtal^^^ license therefor from the City.” Please complete all items and submit signed application, required attachments, and license application fee to the City Clerk by March 1 of the license year. I. ASSOCIATION INFORMATION Association title or name (if any) j < ^ c Lake __________Bay c-.vc r__Z.a/cc. 1 2 3 Person responsible for this application: Name I o\^ k ) t I i g ________Phone ^ h.) < Mailing Address /JX A1 ,\J W To 1 /> ^------------------—^-------Relationship to association ______________ Association is (check applicable items): unincorporated homeow.ncr's group. ___ unincorp . Jted club or recreation group. incorporated Homeowner s Association. incorporated club or recreation group. Principal purpose of joint use dock is (check applicable items); ____ provide boat mooring and lake vccess for residential property. provide swimming access, beach, or offshore dock. ^ provide a club or association gathering place for activities. Dock is located on (check applicable item): -----one member's private property. ___property leased by the group/association. -----easement or oullot owned in common. property owned by the group/association. Page 1 of 4 7. 8. List Dock location and ownership information: Street address I)- M Legal property description SV c. j( PID# mA }y^ C)fC\A.t AiV .i SAcL'A A Listed property owner(s) ^ A,V\c. PO ^ tiXfAfur j AI a J Names/add.'csses of abutting lakeshore property owners: fNorthAVesO ^ /1 elf < c w fSouth/Easfi aj/a Names/addressp of other affected property owners (attach sheet if necessary): N Ja 9. Insurance Coverage - The jointly used dock is insured by one of the following: property owner ’s homeowner ’s policy, .^separate group/association owned policy. Name of insured J?i^ ftr'Ac- %. m m • • _ _ _z __Name of insurance carrier fT/fyg/n g/e s / ro/^ /’/fa ' Y________ Name of insurance agency ____________________ Policy No. ^'LZ Effective date of coverage llfsjo'^ rv /jt^ jcfU Amount of coverage: Public liability, per person, per occurrence S l^OoOpCo ^ * Public liability, per occurrence % ooO . / - - Security and policing of the jointly used dock and property is provided by (check applicable items): fencing ____ security lighting ____property owner's presence contract security service X other (specify) ______________ ________^_i_aAA__\/1 / w4 1 1^ V ^ r i/sLk. II. DOCK INFORMATION 11. List Dock Use Area Specifications: Width of shoreline:________ft. Length of main dock from shore: Dock setbacks from side property lines at shore: _________ ft. and ft, ft. 12. Dock Construction (check applicable items); X seasonal dock (relocated or replaced each year) permanent piling with seasonal deck ____permanent piling and decking X wooden decking metal decking Page 2 of 4 13. List Dock Accessories: Number of fire extinguishers available at the dock / e (■ (, k c h Number of life preservers available at the dock A/ 14.List number of slips in each category ("slips" includes boat lifts): Transient (day use only) slips N T-nsient (day use) off-shore buoys______ Permanent moorage slips__________ Permanent moorage off-shore buoys______ Dry storage (rack) slips___________ Maximum number of boats at the dock /y 15.List number of off-street parking spaces available for users of the joint use dock. Parking, if provided must not be separated from the dock by any public road. AJ /A spaces. HI. EROSION AND SEDIMENTATION CONTROL 16.Shoreline is protected by (check applicable items): ^ stone rip rap ___wood seawall ____ metal seawall ___ concrete seawall ___grass and vegetation only X other (specify)iikh 17. Depth of water at shoreline: 1 ft; at 50 ft. out: 5" : at 100 ft. out: / REQUIRED ATTACHMENTS The following must accompany this application: A.DOCK PLAN - ALL APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on-land functions are intended, these also should be shown on the plan. B. UNINCORPORATED GROUPS OR ASSOCIATIONS 1. 2. A list of the names and mailing addresses of all members and'or slip users. A certified copy ofthe by-laws or agreement for joint use. Note: This copy is not reouireti if the applicant initials and cenifics the following statement: "This is a renewal application and our joint use dock is to be operated under the same by-laws or agreement originally nude in (state year) and on file with the City." Applicant's initials Page 3 of 4 C. INCORPORATED CLUBS OR ASSOCIATIONS; 1. A list of the names, mailing addresses and titles of all corporation officers. 2.. A statement as to the total number of members in the club or association. ’KQ members 3.A certified copy ofthe articles of incorporation and by-laws ofthe corporation. Note: These copies arc not reauired if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same articles of incorporation and/or by-laws as originally made or last amended in (state year) and on file with the City. Applicant's initials D. ANNUAL LICENSE FEE - ALL APPUCATION.S 20.00 Joint Use Dock License Application Fee according to the current City Fee Schedule Ih ’ITlAL APPLICATION FEE (S50.00) S RENEWAL JOINT USE FEE, per year PLUS SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy._____slips @ 2.00 each LATE FEE (S25.00) if application returned after 3/1/03 TOTAL DUE THIS APPLICATION S $ $ho.(R) LATE FEE - Renewals Application for renewal of licenses shall be made no later than March 1 ofthe license year. The City shall not accent renewal license applications received after March I unie.ss the application is accompanied bv a late fee of S2S.00. REVIEW PROCEDURE When a complete application is received, the application will be reviewed by the City Council and, in the case of new or unusual applications, also by the Planning Commission and Marina Committee! The Council ’vill pass upon the application after complete review, THE SUBJECT DOCK MAY BE INSTALLED AND.'OR OPENED FOR USE ONLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Section 5.42 ofthe Orono Municipal Code, the applicant hereby requests the Crono City Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Orono and the City's employees and agents to enter upon the property at any reasonable time to perfo'm safety and Mipaljance inspections. Siened Date 3 /) 9 Page 4 of 4 . ►• • • • • • • • • • # •.. . . . ‘ .• •• • • • «i • • t * • » •• •• • • ••• •. .. •• * • •• •• • .1 . •. i* • •• . • •*» • • - . ^ • • •» ♦ • • • • • *• • t • • • I. • • •. . '•' " .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .■. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . / RESOLUTION «3006 EXHIBIT A Ail that part cf Lot 1, Rearrangement of tot 1 , Kitchel's Government Lots S and 6 in Section Township .7, of S?/Av2=3To"^; I the northwestern- Xine o£ seld o£‘\^orVx t^'h Jx • ^dUs Xo„ o£ Government tots 5 and 6, Section 22, Township 117, Rense 23, Hennepin County, Minnesota. . • m a e j t-vai. ee«-i- c* *ot 1. 1Vip.o 'North6sster 1 / of . Lots 2, 3,4, - and that corner of Lot 7 to thea line running from the "ost Ncrthwes y co^^ ^ midpoint oS the Nor-hwes-e-Xy 2„ Government tots 5 Rearrangement of i-ot according to the recorded plat Stre^>"on^'£lie^^nd^0£ Ul«5'in^^th.‘'o?/it. Id the County Recorder, Hennepin County,- Minnesota. . . . ,••• / r! EXmBITB ALL CORPORATION OFFICERS NAMES, NL4ILING ADDRESSES AND TITLES Linda Dean, President, P.O. Box 188, Excelsior, MN 55331 • if ................... f*1nc<c SHiec^s Joe Quinn-, Vice President, P.O. Box 188, Excelsior, MN 55331 Brian Tichy, Treasurer, P.O. Box 188, Excelsior, MN 55331 Mark Scholle, Secretary, P.O. Box 188, Excelsior, NIN 55331 ■ I ......................................... f RKQIJEST FOR COUNCIL ACTION ------------------------------ APR 2 8 2003 CilYUf ORONO DATE: April 28,2003 ITEM NO.; / JX Department Approval: Name Gregor>- A. Ciappa Ti»lc Director of Public Scr\ ices Administrator Reviewed: Agenda Section: Public Scrsices Director's Report Item DcscriDtion: NPDES I’hasc II Stomi Water Permit Introduction Federal legislation in the Clean Water Act requires that all states implement a program to require a National Pollution Discharge Elimination System. (NPDF.S) permit for storm water discharges. The original NPDES program, which started in the I960's in response to water |Jollution problems, required NPDES pennits for all point source discharges such os industrial sites and waste water treatment plants. After the point source water pollution problems were corrected, the Environmental Protection Agency (EPA) began to regulate non-point sources of water pollution caused by storm w ater runoff as storm water runoff is a significant source of water pollution. I he rcspcosibility for adniinistration of this NPDI-^S program was transfened to the states for permitting and administration. Pha.se I of the storm water program required permits for large cities. In Minnesota, the only two cities with Phase 1 permits arc Minneapolis and St. I’aul. The Phase 11 regulations expanded the permitting requirements to smaller cities. The medium size cities in greater Miriue.sota and all of the sulvjrban cities in the m.etropoliian area are now required to hav e a NPDES Phase 11 Storm Water Permit. I his pcmiit requires that the ('ity develop a Storm W'.tcr Pollution Prevention Plan (SWPPP) which includes a set of Best Management Practices (BMPs) describing the City’s program for storm w ater runoff control. Storm Water Pollution Prevention Plan 1 he SWPPP ci»nsists of a .set of BMPs that address activities that the City will undertake to control and help reduce stormwater pollution. I hcse BMPs must address the si\ following Mittimum Control Measures 1. Public Education and Outreach 2. Public Involvement and Participation 3. Illicit Di.scharge and Detection 4. Construction Site Runoff Control 5. Post Construction Runoff Control 6. Pollution Prevention and Housekeeping Pace 1 of 3 t. % r The permit requirements purposely were not designed to be highly prescriptive in nature in recognition of the fact that cvcr> community is unique with differing storm water issues and available resources. The intent of the permit requirements is that each community develop its own unique SW’ PP based on a self assessment process and the development of BMPs that address storm water pollution control to the Maximum Extent Practical. Wc have developed a set of BMPs that provide credit for many items that the City is already doing to control stormuater pollution and also include several BMPs to meet new requirements. 1 he City's long-standing development philosophy of low density 2 and 5-acrc zoning development and wetland protection to protect Lake Minnetonka, and the other lakes in the City, is the best method of reducing stormwater pollution. Emphasis on the City’s low density development philosophy is discussed in the overview section of the permit and is also listed in several BMP's. City ordinances and policies that limit impervious surfaces in the shorcland areas, protect lakc.shore trees and vegetation, wetland setbacks, and require stormwater treatment for all new developments are all valuable BMPs to control stormwater runoff. Orono’s Surface Water Management Plan that provides detailed infonnation on the City's stormwater drainage system and stormwater control is another important BMP. The entire City development review process is a good educational tool and provides many opportunities to educate residents on the philosophy behind our restrictive approach in regulating density and limiting impervious surfaces. The City can also count our comprehensive septic inspection and monitoring program, sanitar>’ sewer maintenance and rehabilitation projects, the new SCADA system, and the spring cleanup and recycling programs for reduction of illicit discharges to the storm water system. Overall, the City i'. in good shape and can take much credit in meeting the intent of the NPDES Phase II permit to control stormwater runoff Existing pri.grams and policies meet many of the permit goals with only several areas to strengthen. We need to adopt a more comprehensive erosion control ordinance, which is aiso a MCWD requirement of our Surface Water Management plan approval. Our plan review process needs to include more emphasis on a variety of BMP's that may be used to control storm water runoff. This permit includes a listing of a variety of BMP's that can be used as appropriate. A formal documenied approach to construction site inspection must ahso be developed which will most likely be integrated into our current building inspection process. The City also needs to develop a more comprehensive education program during the first year of the permit cycle which will then be used for th^ remaining permit years through 2008. As part of League of Minnesota Cities Guide plan process more information is being developed on the educational plans. Area cities arc also discussing a cooperative educational program with the MCWD as this is the best approach versus every City conducting their own educational program. The MCWD is also subject the NPDES Phase II rules as they are a public ditch ar.thority. One specific permit requirement is that the City hold an annual pubbe meeting to obtain citizen comments on our storm water program. Another specific requirement is that the City inspect 20% of the .stormwater treatment .system items, such as ponds, every year. .Many ol the BMP's include record keeping requirements as pail of the measurable goals. The Council previously authorized purchase of the Page 2 of 3 r ASSIST Stormwater Software which is a record keeping and reporting software package. The permit requires submission of an annual report to the MPCA. Our plan is to have the Septic System Program Manager, Matt Bolteiman, be the staff person with the major responsibility for the storm water project record keeping and inspections. For the past ye^, Matt has been receiving training in erosion control techniques and has been working on site inspections for development sites. The use of Matt for the stormwater record keeping and site inspection is a logical choice as he is already out in the field doing septic inspections. Since wc sewered many of the neighborhoods with problem .septic systems, and now the majority of new development and redevelopment in the City is in areas with municipal utilities, the Septic system portion of this position is no longer full time as in past years. Matt is already familiar witli record keeping software and tracking site inspections for the septic system program and is also working on developing our CIS mapping and record system. Staff Recommendation The City staff recommendation is for Council approval of the City of Orono permit application for a NPDES Phase II Storm Water Permit which includes the City of Orono Storm Water Pollution Prevention Plan (SWPPP). COUNCIL ACTION REQUESTED: Motion to approve the City of Orono permit application for a NPDES Phase 11 Storm Water Permit which includes the City of Orono Storm Water Pollution Prevention Plan (SWPPP). Page 3 of 3 Attachment A Storm Water Pollution Prevention Plan overview and a listing of the Best Management Practices that are applicable to each of the six minimum control measures. A Best Management Practice may be listed as applicable to more than one Minimum Control Measure I if •E r f CITY OF ORONO STORM WATER POLLUTION PREVENTION PLAN The following sections describe the development and land use philosophy and policies of the city, process of dev eloping the City of Orono's Storm Water Pollution Prevention Plan (SWPPP) pages, and suminari/e the Best Management Practices (BMPs) selected for the program. Section Overview Self-Assessment Description ............................... Minimum Control Mea.sure Summaiy......................4 Page I ....2 Overview The City of Orono is located on the edge of the Twin Cities urbanized area (UA) the entire city limits fall within the UA which classifies it as a mandatory regulated MS4 for the NPDI-S Phase II program. All of the surrounding communities arc also MS4 regulated communities. 1 he Direetor of Public Services was selected, by the City Administrator, to oversee this program because the Public Services Department includes public works operation and maintenance, planning and zoning, engineering, building and site inspection, septic systems program, and the municipal golf course operation. Therefi .• the Public Services Director has responsibility and management authority fro almost all of the City functions that are involved with the stormwater management from both the operational and development perspective. The Public Services Director is also closely involved with the Administration and Police Departments through weekly senior level staff meetings that arc facilitated by the City Administrator. Selection of the Public Services Director to oversee the NPDES Phase 11 Stormwater Program, provides a high level of city support for this program and enhanced coordination of the various eity functions associated with this program. The City of Orono was one of the participants the League of Minne.sota Cities Phase 11 Guide Plan Process the City Council authorized city financial participation in the guide plan process to provide assistance for city staff to complete the required pemiit application and SWPP. This guide plan participation was vital because of the small size of Orono and the limited stal l time and e.xpcrtise available for implementation of this new program. The City of Orono is located on Lake Minnetonka and has been aware of the importance of protecting water quality for many years. In 1975, about 80% of the city was rezoned to a 2 and 5 acre density to limit the amount of stormwater runoff enterring wetlands and Lake Minnetonka. At the time of this rezoning Orono wa'; hugely undeveloped, so over the past 30 years the majority of new development has been oti 2 and acre lots The city has also hail regulations protecting wetlands inplace since the early 1 ‘ISO's which has .saved numerous acres of valuahic wetlands as the city developed, fhe city's long standing policy of low density rural development, and wetland protection has been inv aluable in iciiucing the pollutant loading from stormwater into the wetlands and Lake .Minnetonka. The Orono C'ity Council strongly believes that the most effective stormwater runoff "Best Management Practice" is limiting the amount of high density urban development and iscommiued to maintaining rural density in Orono as this pollutant loading source reduction is far more cost effective than removing the stormwater |H)ilutants aficr the fact. 1 he recently approved Community Management Plan for 2000-2020 retains the 2 acre and 5 acre zoning for the majority of the city. Page I F CITY OF ORONO SWPPP The land use in the City of Orono is almost exclusively residential ,or park and open space, with only 2% of the land area being commercial, industrial, or multi family development uses. Because of the significantly higher stormwater runoff and pollutant loading from commercial and industrial land uses, Orono’s limited amount of these land uses results in reduced stormwater pollutant loadings for the regions lakes and wetlands. The City of Orono has a very limited pipe system for stormwater conveyance as we have very few streets with concrete curb and gutter. Almost all of our streets are a rural section and most of the stormwater conveyance, in the City, is by overland drainage. The topography is relatively flat with numerous wetlands and depression areas throughout the city. This lack of a piped storm sewer drainage system combined with the relatively flat topography results in reduced times of concentrations for the stormwater flow', and also the large rural density lots, provide opportunities for natural treatment of the stormwater flow before it reaches the lakes in the city. The newer developments in the city also have stormwater treatment ponds. The City of Orono has also had an ordinance to the limit the percentage of impervious surfaces on lots w ithin 1,000 feel of the city ’s lakes in order to the reduce the amount of stormwater and pollutant loading to Lake Minnetonka. This hardcover ordinance is structured by zones so as limit the hardcover in areas closer to the lake, for example no impervious surfaces are allowed w ithin 75 of the lakeshore. Orono has also had a comprehensive septic system management program inplacc with a full time septic systems manager for the past 15 years. The city ’s septic program includes inspections of inplace septic systems on a routine basis to ensure proper operation and prevent illicit discharges. 1 he city has also has been providing sanitary to existing higher density neighborhoods that were developed prior to the implementation of the 2 acre zoning. Over 90% of the Lake Minnetonka shoreline has been sew ered plus almost all of the non-lakeshore higher density neighborhoods. Self-Assessment Description Before beginning to select BMPs and Measurable Goals, city staff undertook a self-assessment of our city ’s stormwater system. This was an evaluation of our city ’s conditions, needs, and practices. 1 he objective of this process was to provide a knowledge base upon which to structure our SWPPP in order to meet the Permit’s Maximum Extent Practicable standard. I he self-assessment was guided by materials included in the League of Minnesota Cities NPDES Phase II MS4 Guide Plan. This self-assessment process had two major components: • The first workshop session organized as part of the LMC Guide Plan project included a self-assessment component led by Pat Collins of AMEC Earth & Environmental. This included; o discussion of physical and socio-political watershed and organizational conditions and issues that should guide the selection of BMPs and Measurable Goals o review of two examples of cities with different characteristics to demonstrate how local conditions should shape the selection of BMPs and Measurable Goals o a series of exercises in which our city staff considered the local conditions for our community and how they should guide our selection of BMPs and Measurable Goals. • After the workshop session, we worked with the NPDES Phase 11 Program Assessment Questionnaire that was included in the LMC Guide Plan notebook. This was a twelve-page document with a comprehensive list of questions that we used to guide us through a self- assessment activity, including consideration of a wide range of stormw ater approaches. Page 2 CITY OF ORONO SWPPP The results of this process include: • a set of understandings among city staff • wittcn notes • completed Program Assessment Questionnaire Together, these items represent our knowledge of our local stormwater system and the conditions that shape it. We have used the results of this self-assessment process to guide our selection of BMPs and Measurable Goals that make up the SWPPP for our Permit Application. Based on this self-assessment process, our staff has considered the following factors in order to meet the Maximum Extent Practicable standard set forth in the Permit: t:I It cr sources of pollutants potentially polluting activities being conducted in the watershed sensitivity of receiving waters uses of receiving waters specific local concerns the size of our community climate implementation schedules current ability to finance stormwater programs hydrology geology capacity to perform operation & maintenance local land uses rate and type of development characteristics of our watershed organizational characteristics of our city. In addition to the self-assessment process discussed above, our staff has also considered the following non-stormwater discharges to detennine whether they should be identified as significant contributors of pollutants to our stormwater system: # water line flushing landscape irrigation di\ erted stream flows rising ground waters uncontaminated ground water infiltration uncontaminated pumped ground water discharges from potable water sources foundation drains air conditioning condensation irrigation water springs water from crawl space pumps Page 3 r 1 CITY OF ORONO SWPPP footing drains lawn watering individual residential car washing flows from riparian habitats and wetlands dcchlorinated swimming pool discharges street wash water discharge or flows from fire fighting activities. During the self-assessment process, the City of Orono did not find any of the additional referenced non stormwater discharges listed above to be significant contributors of pollutants to the stormwater system. Minimum Control Measure Summary This document summarizes the BMPs chosen by the City of Orono Each BMP is categorized into one or more Minimum Control Measures (MCMs) to meet the Maximum Extent Practicable standard set in the Permit requirements. Where a BMP addresses more than one MCM, it is listed under every appropriate MCM. The following is an outline of the BMPs and MCMs included under each major section of SWPPP. 1. Public Education and Outreach «• l.A 2003-2004 .'Education Activity Implementation Plan l.A.l Storm Water Articles Newsletter 1.A.2 Presentations to City Council 2.B 2004-2008 Education Activity Implementation Plan 2.B.1 Public Notice for Annual Stormwater Meeting 2.B.2 Annual Public Meeting 2.B.3 Public Comments and Documentation Procedures 2.B.4 Park Commission and Adopt a Park Program 3.A Stormwater Drainage System Map 3.C.1 Illicit Septic System Discharge and Detection Program 3.C.2 Illicit Septic System Discharge/ Detection Training Program 3.C.6 West Hennepin Recycling Commission Program 3.C.7 Hennepin County I lazuirdous Materials Disposal Program 4.C.1 Construction Site Comments and Documentation Program 5.B Development and Redevelopment Ordinances 5.B.1 Community Management Plan 5.B.2 Zoning Ordinances 5.C Surface Water NIanagement Plan Page 4 i CtTY OF ORONO SWPPP I 2. Public Involvement and Participation I. A 2003-2004 Education Activity Implementation Plan I.A.l Storm Water Articles in City Newsletters 1 .A.2 Presentations to City Couneil 2.B 2004-2008 Education Activity Implementation Plan 2.B.1 Public Notice for Annual Stormwater Meeting 2.B.2 Annual Public Stormwater Meeting 2.B.3 Public Comments and Documentation Procedures 2.B.4 Park Commission and Adopt a Park Program 3.A Stormwater Drainage System Map 3.C.1 Illicit Septic System Discharge and Detection Program 3.C.3 Annual Clean Up Day Program 3.C.4 Annual Construction Debris Disposal Program 3.C.5 Annual Leaf and Grass Disposal Program 3.C.6 West Hennepin Recycling Commission Program 3.C.7 Hennepin County Hazardous Materials Disposal Program 4.C.1 Constniction Site Comments and Documentation Program 5.B Development and Redevelopment Ordinances 5.B.1 Community Management Plan 5.B.2 Zoning Ordinances 5.C Surface Water Management Plan Pages CITY OF ORONO SWPPP 3. Illicit Discharge, Detection and Elimination l.A r.ducation Activity Implementation Plan 1.A.1 Storm Water Articles in City Newsletter 1.A.2 Presentations to City Council 2.B.3 Public Comments and Documentation Procedures 3.A Stormwater Drainage System Map 3.B Illicit Discharge, Detection, and Enforcentent Ordinance 3.C.1 Illicit Septic System Discharge and Detection Program 3.C.2 Illicit Septic System Dis ’^arge and Detection Training 3.C.3 Annual Clean Up Day Program 3.C.4 Annual Construction Debris Disposal Program 3.C.5 Annual Leaf and Grass Disposal Program 3.C6 West Hennepin Recycling Commission Program 3.C.7 1 lennepin County Hazardous Materials Disposal Program 4.D Erosion Control Management Training Program 5.B Development and Redevelopment Ordinances 5.B.1 Community Management Plan 5.B.2 Zoning Ordinances 5.C Surface Water Management Plan 6.A.1 Public Works Training Program 6.B City Vehicle Maintenance Program 6.B.I Parking Lot and Street Cleaning 6.B.2 Storm Drain System Cleaning 6.B.3 Storm Sewer Inspection Program 6.B.4 Sionn Sewer Operation and Maintenance Program 6.C Sanitary Sewer System Operation and Maintenance Program 6.C. 1 Sanitarv' Sewer System Operation 1 raining Program b.D Municipal Golf Course Training Program .1 A I Page 6 CITY OF ORONO SWPPP 4. Construction Site Runoff Control I. I' l.A Public Comments and Documentation Procedures l.A.l Storm Water Articles in Spring and Fall City Newsletters 2.B.3 Public Comments and Documentation Procedures 3.A Stormwater Drainage System Map 4.A Construction Site Stormwater Runoff Ordinance 4.B Construction Site Plan Review Program 4.C Construction Site Inspection Program for Standard Compliance 4.C.1 Construction Site Comments and Documentation Program 4.D Erosion Control Management Training Program 5.B Development and Redevelopment Ordinances •4 f: Page? CITY OF ORONO SWPPP 5. Post Construction Runoff Control l.A Public Comments and Documentation Procedures l.A.l Storm Water Articles in Spring and Fall City Newsletters 2.B.3 Public Comments and Documentation Procedures 3.A Stormwater Drainage System Map 4.D Erosion Control Management 1'raining Program 5.A Development and Redevelopment Plan Review Program 5.A.1 Stormwater Wetland Detention 5.A.2 Rain Garden Infiltration 5.A.3 Vegetated Swales 5.A.4 Butler Strips 5.A.5 Stabilization Seeding 5.A.6 Outlet Structure Stabilization 5.A.7 Riprap Slope Stabilization 5.A.8 Stormwater Pollution Control deviees 5.B Development and Redevelopment Ordinances 5.B.I Community Management Plan 5.B.2 Zoning Ordinances 5.C Surface Water Management Plan 6.A Publie Works Training Program 6.B City Vehicle Maintenance Program 6.B.1 Parking Lot and Street Sweeping 6.B.2 Storm Sewer System Cleaning 6.B.3 Storm Sewer Inspection Program 6.C Sanitaiy Sewer Operation and Maintenance Program 6.C.I Sanitar)' Sewer System Operation Training Program 6.D Municipal Golf Course Training Program Page 8 CITY OF ORONO SWPPP 6. Pollution Prevention end Good Housekeeping 3.A Stormwater Drainage System Map 4.D Erosion Control Management Training Program 5.C Surface Water Management Plan 6.A Public Works Training Program 6.B City Vehicle Maintenance Program 6.B.1 Parking Lot and Street Sweeping 6.B.2 Storm Sewer System Cleaning 6.B.3 Storm Sewer Inspection Program 6.C Sanitary Sewer Operation and Maintenance Program 6.C.I Sanitary Sewer System Operation Training Program 6.D Municipal Golf Course Training Program Page 9 Attachment B A listing of the Best Management Practices with a detailed description of each practice. The Best Management Practices are listed under the Minimum Control Measure for which they were developed. A Best Management Practice may be applicable for more than one Minimum Control Measure as shown in Attachment A 1 1. Public Education and Outreach SWPPP Section: l.A Title 2003-2004 Education Activity Implementation Program Description The City of Orono will establish a basic 2003-2004 Education Activity Implementation Program during Uie first year of the reporting cycle to increase public and Council awareness, and influence attitudes, and behaviors on environmental issues related to stormwater using the specific components below. Measurable Goals • Completed 2003-2004 Education Activity Implementation Program Timeline - Implementation schedule • Year I - Complete 2003-2004 Education Activity Implementation Program Specific Components • Stormwater Articles in City Newsletter • Presentations to City Council • Annual Public Stormwater Meeting • 2004-2008 Education Activity Implementation Program SWPPP Section: l.A.l Title Stormwater Articles in City Newsletter Description The City of Orono will develop stormwater articles for the City newsletter to inform private residents and businesses about stormwater issues on a bi-annual basis. Measurable Goals • Number of newsletter articles published Timeline - Implementation schedule • April 2003 - Completed stormwater article for the City newsletter Responsible Person Greg Gappa Director of Public Services Phone 952-249-4621 Page 1 of 27 Responsible Department Public Services Department City of Orono. P.O. Box 66 Crystal Bay MN 55323 aar^vnii Measurable Goals • Completion of the 2004-2008 Education Activity Implementation Program Timeline - Implementation schedule • Year 1 - Conduct the 2003-2004 Education Activity Implementation Program and evaluate components • Year 2 - Completed outline of 2004-2008 Education Activity Implementation Program and implementation schedule. Specific Components • 2003-2004 Education Activity Implementation Program • Stormwater Articles in City Newsletter • Presentations to City Council • Stonnwater Public Meeting SWPPP Section: 2.B.1 Title Public Notice for Annual Stormwater Meeting Description The City of Orono currently provides a notice of public informational meeting at least 10 days prior. The City wilt continue this practice for the annual stormwater meeting or any subsequent meetings to discuss the provisions of the SWPPP, it’s effectiveness, or amendments there to. Inch. !e all components listed below and distribute publie notices in areas to best notify a diverse group of citizens within tlie Orono jurisdiction. Measurable Goals • Completed public notice Timeline - Implementation schedule Tlie first lO-day public notice will be for the 2003 annual public meeting and continued on an annual interval. If periodic meetings become necessary, additional 10-day public notices will be implemented Specific Components • Date • Time • Location Responsible Person Greg Gappa Director of Public Services Phone 952-249-4621 Responsible Department Public Services Department City of Orono. P.O Box 66 Crystal Bav MN 55323 Page 3 of 27 Description of Program and Opportunity for Public Comments Provided Location of the SWPPP for review prior to the meeting. Location of the notices o City Bulletin Board o Local Newspapers o Local Post Offices o City Website SWPPP Section: 2.B.2 Title Annual Public Meeting Description Conduct an annual public meeting to receive public opinion on the on the adequacy and effectiveness of the SWPPP program components. Measurable Goals • Completed public meetings and attendance Timeline - Implementation schedule • July, 2003 -First public meeting. The specific components listed below will be considered when developing and implementing the meeting agenda. • Annual public meeting in each year of the Permit cycle Specific Components • Establish meeting procedures and processes for speakers n;d written material. • Consider timely, relevant written materials submitted by the public. • Allow interested persons time to make oral statements on SWPPP. SWPPP Section: 2.B.3 Title Public comments and documentation procedures Description The City will receive phone calls and other correspondence to report illicit discharge, provide comments to the SWPPP. and report construction site sedimentation and erosion violations. All comments received will be routed to the appropriate staff person. Also, the city will incorporate their c.xisting complaint procedures and filing system to document calls. Responsible Person Greg Gappa Director of Public Services Phone 952-249-4621 Page 4 of 27 Responsible Department Public Services Department City of Orono, P.O. Box 66 Crystal Bay MN 55323 Measurable Goals • Number of comments and complaints received by the City. Timeline - Implementation schedule • Year I - Develop procedures for documenting stonnwater comments • Year 2- Implement procedures for documenting stormwater comments Specific Components • Increase Public Participation • Allows citizen reports on illicit discharge detection • Allows citizen reports on construction site erosion violations • Allows citizens reports on stormwater management issues SWPPP Section: 2.B.4 Title Park Commission and Adopt a Park Program Description Program in which citizen volunteers and Park Commission members adopt City parks to help monitor and maintain. Measurable Goals • Number of parks adopted Timeline - Implementation schedule • Existing program Specific Components • Encourages citizen involvement in helping to facilitate a clean and well maintained city. • Citizens are aware more aware of City government issues. • Improved park maintenance reduces illicit discharges Responsible Person Greg Gappa Director of Public Services Phone 952-249-4621 Page 5 of 27 Responsible Department Public Services Department City of Orono, P.O. Box 66 Crystal Bay MN 55323 3. Illicit Pischarec Detection and Elimination SWPPP Section: 3.A Title Stormwater Drainage System Map Description The City of Orono currently has completed a storm sewer system map in both electronic and paper copy fo mats and continues to update the map as needed. The City will continue to update the system map and components listed below. This map shows the stormwater drainage system in the City and includes drainage area boundaries, lakes, streams, wetlands, and the stormwater drainage system. This map is useful as a public education tool to help citizens and others understand the City’s stormwater drainage system. This map is also useful for stormwater system planning, design, and operational purposes, and provides information useful for illicit discharge and detection purposes. Measurable Goals • Stormwater drainage system map Timeline - Implementation schedule • At the end of each reporting year the stormwater drainage system map will be updated to reflect any structural changes to the system and components listed below Specific Components • Ponds, streams, lakes, and wetlands • Structural pollution control devices • All pipes 24 inches in diameter and over • All outfalls SWPPP Section: 3.B Title Illicit Discharge, Detection, and Enforcement Ordinance Description The City currently has ordinances that prohibit illegal dumping and illicit discharges. The City will review the current ordinances and revise them according to current standards and other agency requirements. Responsible Person Greg Gappa Director of Public Services Phone 952-249-462I Page 6 of 27 Responsible Department Public Services Department City of Orono, P.O. Box 66 Crysul Bay MN 55323 Measurable Goals • Completion of existing ordinance and comparison with other communities and regulatory’ bodies • Complete draft of revised ordinance • Completed ordinance Timeline - Implementation schedule • Year 2 - Review existing ordinance and compare with other communities and regulatory bodies • Year 3 - Produce draft of revised ordinance according to year 2 assessments • Year 4 - Completed illicit discharge, detection, and elimination ordinance Specific Components • Meetings with City Attorney • Septic system control • Illicit connections control • Illegal dumping control SWPPP Section: 3.C.1 Title Illicit Septic System Discharge and Detection Program Description City has an existing program to detect and eliminate illicit septic system discharges. City has a designated stafT person to mange the septic system program. This program consists of regular inspections of existing septic systems and plan approval and construction inspection of new septic system installations. The program also includes sending of regular septic system maintenance reminder notices to property owners, and requires septic tank pumping companies to submit pumping records to the City. After detection of illicit discharge locations, the City of Orono enforces the provisions of the City ordinance pertaining to illicit septic system charges. City also has a program to allow residents to request an assessment project for the installation of sanitary sewer in selected shoreland areas to reduce the number of septic systems in the City that are close to lakes and streams. Measurable Goals • Number of existing septic system inspections completed • Number of new septic system construction inspections completed • Number of properties with septic systems converted to sanitary sewer • Number of septic system complaints handled by septic program manager Responsible Person Greg Gappa Director of Public Services Phone 952-249-462 1 Page 7 of 27 Responsible Department Public Services Department City of Orono. P.O. Bos 66 Crystal Bav MN 55323 Timeline - Implementation schedule • Existing Program Specific Components • Inventory of existing septic systems • Septic system maintenance reminder notices sent to property owners • Inspection of existing septic systems • Inspections of new septic systems • Sanitary sewer installation in selected shoreland areas SWPPP Section: 3.C.2 Title Illicit Septic System Discharge and Detection Training Program Description City has an existing program to detect and eliminate illicit septic system discharges with a designated staff person to mange this septic system program. The septic system staff person is duly licensed in the State of Minnesota and regularly attends training courses and seminars. Measurable Goals • Number of septic system training programs attended Timeline - Implementation schedule • Existing Program Specific Components • Attendance of septic training courses and seminars SWPPP Section: 3.C3 Title Annual Clean Up Day Program Description City has an existing annual cleanup day program at the public works facility in which residents can drop off unwanted items such as appliances, household furnishings, scrap metal, appliances, electronic items and tires. These items are collected by vendors and either recycled or disposed of in an appropriate manner. This clean up day program reduces the amount of material that is illicitly discharged in the City and results in a cleaner and better maintained City. Responsible Person Greg Gappa Director of Public Services Phone 952-249-4621 Page 8 of 27 Responsible Department Public Services Department City of Orono, P.O. Box 66 Cry stal Bay MN 55323 Measurable Goals • Number of clean up events held • Amount of material collected Timeline - Implementation schedule • Existing Program Specific Components • Collection of unwanted materials to reduce illicit discharges in the City SWPPP Section: 3.C.4 Title Annual Construction Debris Disposal Program Description City has an existing annual cleanup day program at the public works facility in which residents can drop off unwanted construction debris items. These items are collected the vendors and either recycled or disposed of in an appropricte manner. This clean up day program reduces the amount of material that is illicitly discharged in the City and results in a cleaner and better maintained City. Measurable Goals • Number of clean up events held • Amount of material collected Timeline - Implementation schedule • Existing Program Specific Components • Collection of unwanted construction materials debris to reduce illicit discharges in the Cit>‘ SWPPP Section; 3.C.5 Title Annual Leaf and Grass Disposal Progn u Description City has an existing spring and fall annual cleanup day's program at the public works facility in which residents can drop off leaves and grass clippings. These items are then composted by the Responsible Person Greg Gappa Director of Public Services Phorre 952-249-462 1 Page 9 of 27 Responsible Department Public Services Department City of Orono, P.O. Box 66 Crystal Bay MN SS323 City and the compost provided to residents at no cost. This leaf and grass disposal program reduces the amount of these materials that is illicitly discharged in the City and results in a cleaner and better maintained City. Measurable Goals • Number of leaf and grass disposal days provided Timeline - Implementation schedule • Existing Program Specific Components • Collection of leaf and grass debris to reduce illicit discharges in the City SWPPP Section: 3.C.6 Title West Hennepin Recycling Commission Program Description The City of Orono participates in the multi-city West Hennepin Recycling Commission curbside recycling pick up program. This recycling program reduces the amount of material that is land Filled and incinerated or illicitly discharged in the City and results in a cleaner and better maintained City. This program includes the publication of educational materials on recycling and hazardous waste disposal. Measurable Goals • Participation in the West Hennepin Recycling Commission Program Timeline - Implementation schedule • Existing Program Specific Components • Curbside pickup of recyclable materials • Educational materials on recycling and hazardous waste disposal SWPPP Section: 3.C.7 Title Hennepin County Hazardous Materials Disposal Program Responsible Person Greg Gappa Director of Public Services Phone 952-249-462 1 Page 10 of 27 Responsible Department Public Services Department City of Orono, PO. Box 66 Crystal Bay MN 55323 F j Description The City of Orono residents are eligible to participate the Hennepin County Hazardous Materials Disposal Program in which the County provides collection sites for the drop off of hazardous materials for proper disposal. This hazardous materials dispo.sal program reduces the amount of hazardous material that is land filled and incinerated or illicitly discharged in the City and results in a cleaner and better maintained City. Information on the availability of this program is included in the West Hennepin Recycling Program educational materials Measurable Goals • Availability of the Hennepin County hazardous materials disposal program Timeline - Implementation schedule • Existing Program Specific Components • Available sites for hazardous materials drop-off • Educational materials on recycling and hazardous waste disposal 4. Construction Site Runoff Control SWPPP Section: 4.A Title Construction Site Stormwater Runoff Ordinance Description Currently, the City has a generic Construction Site Erosion and Sedimentation Ordinance which lacks specifics and enforcement provisions. The City will evaluate the existing ordinance in relation to the Minnesota Pollution Control Agency (MPCA) minimum standards in the first reporting year, develop the changes in the second, and implement applicable enforcement procedures in the third. Measurable Goals • Complete evaluation of existing ordinance • Completed draft ordinance • Implemented ordinance, documentation and enforcement procedures Timeline - Implementation schedule • Year 1 - Evaluate existing ordinance by comparing it to MPCA minimum standards. • Year 2 - Complete a draft ordinance from the year 1 assessment Responsible Person Greg Gappa Director of Public Services Phone 952-249-4621 Page II of 27 Responsible Department Public Services Department City of Orono, P.O. Box 66 Crysul Bay MN 5S323 iifUiiiin - • Year 3 - Implement new construction site erosion and sedimentation ordinance and documentation and enforcement procedures Specific Components • Ordinance to MPCA minimum standards • Construction site entrance requirements ■ Construction site waste control • Site erosion control timelines for compliance • Penalties for non-compliance • Site plan review procedures • Construction site inspection requirements SWPPP Section: 4.B Title Construction Site Plan Review Program Description The City of Orono will develop procedures for construction site soil and sedimentation erosion control within the Development and Redevelop.nent Plan Review Program to incorporate mandatory provisions written in the Construction Site Storm Water Runoff Ordinance. Also, the City will identify 6 appropriate BMPs for erosion and sediment control dependent upon current regulatory minimum standards and unique watershed characteristics. Measurable Goals • Completed plan review process and documentation procedures • Completed list of 6 acceptable BMPs • Number of plan reviews performed Timeline - Implementation schedule • Year 2 - Completion of 6 accepted erosion and sedimentation BMPs for ordinance and review • Year 3 - Completion of plan review process and documentation procedures • Year 4 - Developed and implemented Construction Site Plan Review Program Specific Components • Define communication link between planning, engineering, and zoning • Timeline for a site plan review process • Site plan review fees and City permit application • 6 accepted BMP requirements Responsible Person Greg Gappa Director of Public Services Phone 952-249-4621 Page 12 of 27 Responsible Department Public Services Department Cit> of Orono, P.O. Box 66 Ciystal Bay MN 55323 u • Construction Site Storm Water RunofT Ordinance • Development and Redevelopment Review Program SWPPP Section: 4.C Title Construction site inspection program for standard compliance Description The City will develop a construction site inspection program to monitor compliance of construction sites for the appropriate installation and maintenance of sedimentation and er'^sion control measures. Measurable Goals • Development of a construction site inspection program • Number of construction site inspections completed by the City of Orono Timeline - Implementation schedule • Year 1 - Develop a construction site inspection program • Year 2* Implement a construction site inspection program Specific Components • Inspection of construction site sedimentation and erosion control devices • Adequate operation and maintenance of site sedimentation and erosion control devices • Documentation of construction site inspections SWPPP Section: 4.C.1 Title Construction site comments and documentation procedures Description The City will receive phone calls and other correspondence t"' report construction site sedimentation and erosion violations. All comments received will be routed to the appropriate staff person. Also, the city will incorporate their existing complaint procedures and filing system to document calls. Measurable Goals • Number of construction site comments and complaints received by the City. Responsible Person Greg Gappa Director of Public Services Phone 952-249-462I Page 13 of 27 Responsible Department Public Services Department City of Orono. PO. Box 66 Crystal Bay MN 55323 r V i Timeline - Implementation schedule • Year 1 - Develop procedures for documenting construction site comments • Year 2- Implement procedures for documenting construction site comments Specific Components • Increase Public Participation • Allows citizen reports on construction site erosion violations SWPPP Section: 4.D Title Erosion control management training program Descriptiop City staff will attend appropriate training sessions and seminars on the proper application, installation, operation, and maintenance of erosion control devices Measurable Goals • Number of erosion control management training sessions attended Timeline - Implementation schedule • Year 1- Develop procedures for documenting erosion control management training • Year 2- Implement procedures for documenting erosion control management training Specific Components • Knowledge of various erosion control management techniques • Documentation of training sessions attended 5. Post-Construction Runoff Control SWPPP Section: 5.A Title Development and Redevelopment Plan Review Program Description I he City of Orono will develop procedures for a Development and Redevelopment Plan Review Program within the second year of the 5-year Permit cycle. Some of the specific components listed below are current practices conducted by the City and some have been selected as possible Responsible Person Responsible Departmen t Greg Gappa Public Services Department City of Orono, P.O. Box 66 Crystal Bay MN 55323 Page 14 of 27 Director of Public Services Phone 952-249-4621 ----- BMPs which may be appropriate options for minimizing stormwater runoff pollution and flooding. The Public Services Department will be responsible for establishing and implementing proper procedures for the program. Measurable Goals • Completed plan review process and documentation procedures • Number of plan reviews performed Timeline - Implementation schedule • Year 2 - Completion of plan review process and documentation procedures • Year 3 - Developed and implemented Plan Review Program Specific Components Stormwater Detention Ponds Rain Garden Infiltration Vegetated Swales Buffer Strips Stabilization Seeding Outlet Stabilization Structure Slope Riprap Stabilization Development and Redevelopment Post-Construction Ordinance Surface Water Management Plan Timeline for a site plan review process SWPPP Section: 5.A.1 Title Stormwater Wetland Detention Description The City of Orono will continue to require stormwater wetland detention ponds, where appropriate and suitable, with designed vegetation requirements located within the Development and Redevelopment post-construction ordinance to protect lakes within the jurisdictional limits and other water bodies in which surface drainage from the jurisdiction discharges into receiving water. Measurable Goals • Number stormwater wetland detention ponds installed. Timeline - Implementation schedule • Year 1- Develop documentation procedures for stormwater wetland detention • Year 2- Implement documentation procedures for stomiwater wetland detention Responsible Person Responsible Department Greg Gappa Public Services Department Director of Public Services City of Orono. P.O. Box 66 Phone 952-249-4621 CrysUl Ba> MN 55323 Page 15 of 27 Specific Components • Development and Redevelopment Post-Construction Ordinance • Surface Water Management Plan • Installation of stormwater wetland detention ponds in appropriate areas Permit Section: 5.A.2 Title Rain Garden Infiltration Description Although the City of Orono has very limited areas with acceptable sandy soil conditions, the City will evaluate the potential for the installation of rain gardens, in acceptable new development and redevelopment areas, to minimize localized storm water pollution runoff as well as increase the aesthetic quality of the City. Measurable Goals • Number of rain gardens installed Timeline - Implementation schedule • Year 1- Develop documentation procedures for rain garden infiltration • Year 2- Implement documentation procedures for rain garden infiltration Specific Components • Development and Redevelopment Post-Construction Ordinance • Surface Water Management Plan • Installation of rain garden infiltration in appropriate areas SWPPP Section: S.A.3 Title Vegetated Swales Description The City of Orono will evaluate the potential for the installation of vegetated swales, in acceptable new development and redevelopment areas, to minimize localized storm water pollution runoff as well as increase the aesthetic quality of the City. Responsible Person Greg Gappa Director of Public Services Phone 932-249-4621 Page 16 of 27 Responsible Department Public Services Department City of Orono. P.O. Box 66 Crystal Bay MN SS323 Measurable Goals • Number of vegetated swales installed. Timeline - Implementation schedule • Year 1- Develop documentation procedures for vegetated swales • Year 2- Implement documentation procedures for vegetated swales Specific Components • Development and Redevelopment Post-Construction Ordinance • Surface Water Management Plan • Installation of vegetated swales in appropriate areas SWPPP Section: 5.A.4 Title Buffer Strips Description The City of Orono will evaluate the potential for the installation of buffer strips, in acceptable new development and redevelopment areas, to minimize localized storm water pollution runoff as well as increase the aesthetie quality of the City. Measurable Goals • Number of buffer strips installed. Timeline - Implementation schedule • Year I - Develop documentation procedures for buffer strips • Year 2- Implement documentation procedures for buffer .'trips Specific Components • Development and Redevelopment Post-Construction Ordinance • Surface Water Management Plan • Installation of buffer strips in appropriate areas .SWPPI* Section: 5.A.S litle Stabilization Seeding Responsible Person Greg Gappa Director of Public Services Phone 952-249-4621 Page 17 of 27 Responsible Department Public Ser\ ices Department City of Orono, P.O Box 66 Crysul Bay MN 55323 Description Currently the City of Orono requires soil stabilization and proper seeding for disturbed construction site areas. I'he City will continue to enforce this requirement to ensure timely vegetative cover after soil disturbance to stabilize the surface. Measurable Goals • Number of sites with stabilization seeding Timeline - Implementation schedule • Year 1- Develop documentation procedures for stabilization seeding • Year 2- Implement documentation procedures for stabilization seeding Specific Components • Development and Redevelopment Post-Construction Ordinance • Surface Water Management Plan • Seed mix design and installation consistent with State Department of Transportation Standard Speciftcations SWPPP Section; 5.A.6 Title Outlet Structure Stabilization Description Currently, the city requires appropriate outlet structure stabilization including but not limited to tie-rods, stabilization seeding and Class IV-V riprap. The C'ty will continue to include this BMP during construction to reduce slope erosion and outlet failure. Measurable Goals • Number of outlet structure stabilizations completed l imelinc - Implementation schedule • Year 1- Develop documentation procedures for outlet structure stabilization • Year 2- Implement documentation procedures for outlet structure stabilization Specific Components • DeveIopn*nnt and Redevelopment Post-Construction Ordinance • Surface Wait. Management Plan • Installation of outlet stabilization protection Responsible Person Greg Gappa Director of Public Services Phone 952-249-4621 Page 18 of 27 Responsible Department Public Services Department Cit> of Orono. P.O. Box 66 Crystal Bay NfN 55323 f m k SWPPP Section: 5.A.7 Title Riprap Slope Stabilization Description The City of Orono will evaluate the potential for the installation of riprap slope stabilization in acceptable new development and redevelopment areas, to minimize erosion and localized storm water pollution runofl'as well as increase the aesthetic quality of the City. Measurable Goals • Number of riprap slope stabilizations completed Timeline - Implementation schedule • Year I- Develop documentation procedures for outlet structure stabilization • Year 2- Implement documentation procedures for outlet structure stabilization Specific Components • Development and Redevelopment P'. *t-Construction Ordinance • Surface Water Management Plan • Installation of riprap slope stabilization protection SWPPP Section: 5.A.8 Title Stormwater pidlution control devices Description The City of Orono will evaluate the potential for the installation of .stormwater pollution control devices such as sump catch basins or other mechanical treatment devices in acceptable new development and redevelopment areas, to minimize erosion and localized storm water pollution runoii'as well as increase the aesthetic quality of the City. Measurable Cioals • Number of stormwater pollution control devices installed 1 imeline - Implementation schedule • Year 1- Develop documentation procedures for stormwater pollution control devices • Year 2- Implement documentation procedures for stormwater pollution control devices Responsible Person Greg Gappa Director of Public Services Phone 952-249^621 Page 19 of 27 Responsible Department Public Services Department Cit>' of Orono. P.O. Box 66 Cf>stal Bay MN 55323 "titrta'ia IVI lanii fi iHii«i atnnf*ki-griiri r Specific Components • Development and Redevelopment Post-Construction Ordinance • Surface Water Management Plan • Installation of stormwater pollution control devices SWPPP Section: 5.B Title Development and Redevelopment Ordinances, Planning, and Design Description The City of Orono has operated under comprehensive land use planning and zoning laws for the past 25 years that were specifically developed to protect wetlands and water quality especially water quality in Lake Minnetonka. This philoscph) of protecting water quality and managing stormwater discharge is integrated City functions ranging from planning and development to municipal operations. The City recognizes that there is a direct correlation between the density of development and amount of stormwater pollutant loading generated and based on this understanding appro.ximately 80% of the City w as zoned for a minimum 2 and 5 acre dry buildable lot size 25 yeais ago. The City has ordinances inplacc that exclude wetlands from development density credit, restrict filling of wetlands, and require a 26 ’ wetland buffer. City shoreland ordinances require lakcshore setbacks, limit imper\ ious surface areas, and restrict lakcshore vegetation clearing. The City has a very limited piped stomi sewer system and utilizes natural drainage conveyances for storm water runoff. Narrow streets with limited curb and gutter are prevalent in the shoreland areas of the City. Measurable Goals • Maintain low impact development policies and ordinances Timeline - Implementation schedule • Lxisiing program Specific Components • Community Management Plan • Surface Water Management Plan • Low density development • Wetland protection and buffers • Shoreland ordinance • Impervious surface limitations • Shoreland vegetation protection • Natural conveyance storm water runoff system • Narrow streets with limited curb and gutter Responsible Penon Greg Gappa Director of Public Services Phone 952-249-4621 Page 20 of 27 Responsible Department Public Services Department City of Orono. P.O. Box 66 Crystal Bay MN 55323 H i SWPPP Section: 5.B.1 Title Community Management Plan Description The City of Orono has an approved Community Management Plan for the for the years 2000- 2020 that maintains the City’s long standing programs policies and ordinances of protecting water quality by limiting stormwater runoff through such items as low density development, wetland protection, and limitations on impervious surface in shoreland areas Measurable Goals • Completed Community Management Plan Timeline - Implementation schedule • Existing program Specific Components • Community Management Plan • Surface Water Management Plan • Low density development • Wetland protection and buffers • Shoreland ordinance • Impervious surface limitations • Shoreland vegetation protection • Natural conveyance storm water runoff system • Narrow streets with limited curb and gutter SWPPP Section: S.B.2 Title Zoning Ordinances Description The City of Orono has inplace zoning ordinances that zone approximately 80% of the land area in the area in the City for low density 2 and 5 acre minimum dry buildable area development these ordinances also include wetland protection and buffers and limitations on imper\ ious surface in shoreland areas. The impervious surface is regulated by zones with no impervious surfaces allowed within 75 feet of lakes and streams and less hard surfaces in the zones closer to the lake or stream. Stairways are allowed within 75 ’ of the lakes in steep slope areas in to protect the steep slopes from erosion Intensive vegetation clearing is also prohibited on bluff areas adjacent to lakes. Responsible Person Responsible Department Greg Gappa Public Services Depamnent Director of Public Services City of Orono, P.O. Bo.\ 66 Phone 952-249-4621 Crystal Bay MN 55323 Page 21 of 27 lO'rihMn — Jw Measurable Goal • Inplace low density zoning ordinances Timeline - Implementation schedule • Existing program Specific Components • Low density development • Wetland protection and buffers • Slioreland ordinance • Impervious surface limitations • Lakeshore bluff vegetation protection SWPPP Section: 5.C Title Surface Water Management Plan Description The City of Orono has currently developed a Surface Water Management Plan (SWMP) to comply with State and Watershed District requirements which identifies the specific components listed below. Measurable Goals • Completed SWMP for Orono Timeline - Implementation schedule • Effective immediately Specific Components Geology and soil types Water resources Land use Sensitive resources Wetland inventory basin outflow rates Water quality goals Issues and corrective actions Responsible Person Greg Gappa Director of Public Services Phone 952-249-4621 Page 22 of 27 Responsible Department Public Services Department City of Orono, P.O. Bo.\ 66 Crystal Bay MN SS323 >1 6. Pollution prevention and Good Housekeeping SWPPP Section: 6.A Title Public Works Training Program Description The City of Orono has an existing safety training program that includes information on the inspection, operation and maintenance of vehicles and equipment, proper handling of hazardous materials, spill cleanup, and materials disposal. Measurable Goals • Number of training sessions held per year. Timeline - Implementation schedule • Existing program Specific Components • Vehicle and equipment inspection, operation, and maintenance training • Materials handling training SWPPP Section: 6.B Title City Vehicle Maintenance Program Description The City of Orono currently operates a vehicle maintenance program which requires inspection, corrective actions, and employee training, fhe City currently recycles the used oil obtained from the vehicle maintenance program. The City has an inside vehicle washing facility in the Public Works maintenance and operations building. Measurable Goals • Number of vehicles in fleet inspected each year. Number of vehicle maintenance and operation training sessions attended Timeline - Implementation schedule • Existing program Responsible Person Greg Gappa Director of Public Services Phone 952-249-4621 Page 23 of 27 Responsible Department Public Services Department Citv of Orono. P.O. Box 66 Crystal Bay NtN 55323 1 I specific Components • Inside vehicle washing • Vehicle inspections • Used oil recycling • Employee training SWPPP Section: 6.B.1 Title Parking Lot and Street Sweeping Description The City of Orono currently uses one City owned mechanical street sweeper to remove sediment and debris from the road surface within the jurisdiction and minimize the amount received by the storm sewer system. The City plans to continue to use the current system of street and parking lot sweeping. Measurable Goals • Number of times each street is swept annually Timeline - Implementation schedule • Existing program Specific Components • Street and parking lot sweeping Permit Section: 6.B.2 Title Storm Drain System Cleaning Description The City of Orono currently operates a sewer vacuum cleaning truck and to clean out catchbasin sumps and other stormwater pollution prevention devices and remove debris from the storm sewer lines and culverts as needed according to random inspections. The City will continue to operate within that schedule unless the Storm Sewer Inspection Program requires changes to the schedule. Measurable Goals • Number of stormwater pollution prevention devices cleaned each year • Number of storm sewer pipes and culverts cleaned each year Responsible Person Greg Gappa Director of Public Services Phone 952-249-4621 Page 24 of 27 Responsible Department Public Services Department City of Orono, P.O. Box 66 Crystal Bay MN 55323 Timeline - Implementation schedule • Implemented immediately • Year 3 - reevaluate the cleaning schedule according to the Storm Sewer Inspection Program Specific Components Storm sewer and stormwater pollution prevention device cleaning Storm sewer system map Sewer cleaning truck maintenance Storm sewer inspection program SWPPP Section: 6.B.3 Title Storm Sewer Inspection Program Description The City of Orono will inspect 20% of the outfalls, sediment basins, and ponds each year as well as 100% of the pollution control devices such as trap manholes, grit chambers, sumps, floatable skimmers, traps, and separators. The City will reevaluate the inspection intervals in Year 4 according to the results of the year 2 and 3 inspections. Measurable Goals • 20% of MS4 outfalls, sediment basins and ponds each year • Inspect 100% of pollution control devices each year I'imeline - Implementation schedule • Year I - Develop a stormwater system in.spection program. • Year 2-3 - Inspect 20% of all outfalls and 100% of the pollution control devices. • Year 4 - Reevaluate the inspection intervals and increase inspection rate if both year 2 and year 3 warrants cleaning, or reduce inspection rate if neither year 2 and 3 required cleaning. Specific Components • Outfall, sediment basins, and pond inspection form • Pollution control device inspection form • Stomt Sewer s> stem maps Responsible Person Greg Gappa Director of Public Services Phone 952-249-4621 Page 25 of 27 Responsible Department Public Services Department City of Orono, P.O. Box 66 Cry stal Bay MN 55323 Permit Section: 6.C Title Sanitary Sewer System Operation and Maintenance Program Description The City of Orono currently operates a sewer vacuum cleaning truck to clean sanitary' sewer lift stations, manholes, and sewer lines. This cleaning program reduces the probibility of sanitary sewer overflows and illicit discharges. The City has also been televising sanitary sewer lines as part of a program to reduce infiltration and inflow into the system. Sanitary sewer repair and rehabilitation work is then completed based on the results of the televised inspections. The City also has a program for the upgrading and rehabilitation of sanitary sewer lift stations to ensure efficient operation and reduced lift station malfunctions which results in a reduction in the potential for illicit sanitary sewer discharges. Sanitary sewer lift stations are also cleaned and inspected on an annual basis. The City also installed a new SCADA system which provides for continuous electronic monitoring and reporting of sanitaiy sewer lift station operations and provides for emergency callout notification of public works personnel in the event of sewer system malfunctions. Measurable Goals • Amount of sanitary sewer pipe cleaned • Amount of sanitary sewer televised • Number of lift stations inspected Timeline - Implementation schedule • Existing program Specific Components • Sanitary sewer system cleaning • Sanitaiy' sewer system televising • Sanitary sewer system repairs and rehabilitation • Lift station annual inspections • Lift station SCADA monitoring .sy.stcm- • Public works emergency call out system • Sanitary sewer system maps • Sewer cleaning tniek maintenance Responsible Person Greg Gappa Director of Public Services Phone 952-249-4621 Page 26 of 27 Responsible Department Public Services Department City of Orono, P.O. Box 66 Crystal Bay MN 55323 tiBanTr Iina I i ■ r i Permit Section: 6.C.1 I'itle Sanitary Sewer System Operation Training Program Description The City of Orono currently has a training program for public works personnel involved in sanitar}' system operations and utilizes licensed personnel for operation of the collection system. This training results in more efficient, safe, and reliable operation of the sanitary sewer system to reduce the potential for illieit diseharges. Measurable Goals • Number of sanitary sewer training courses attended 1'imeline - Implementation schedule • Existing program Specific Components • Sanitary sewer system licensed operators • Sanitary sewer system operations and maintenance training SWPPP Section: 6.D Title Municipal Golf Course Training Program Description The City of Orono municipal golf course operation personnel attend training sessions on fertilizer and pesticide applications and arc duly licensed personnel to complete these activities. Measurable Goals • Number of training .sessions attended Timeline - Implementation schedule • Existing program Specific Components • Fertilizer and pestieide/licrbieide application training Responsible Penon Greg Gappa Director of Public Services Phone 952-249-4621 Page 27 of 27 Responsible Department Public Services Department City of Orono. P.O. Box 66 Cry stal Bay MN 55323 1 Attachment C Minnesota Pollution Control Agency application form for the NPDES Phase II Permit Pleasp Typo or Prmt Neatly Notice of intent to obtain coverage General Storm Water Permit Application (MN R 040000) for Small Municipal Separate Storm Sewer Systems (MS4s) (Noticed as MN R S80000) Minnesota Pollution Control Agency 520 Lafayette Road North. St. Paul. MN 55155-4194 Application deadline; March 10.2003 Minnesota Pollution Control Agency Please read the instructions carefully and type or print neatly. MS4 Information Application Type Single site or administrative area Multiple site or administrative area Q If multiple sites, number of attached application forms:________ M54m with mulilpit silts such as campuses, dispersedfoci lilies, or stale agency regions/districts, must attach a completed implicationfor each site or oAnbilsiroilvt area. An authorised penon with overall responsibility or an officially delegated representative must sign each application form. B. ONiununity, TrTy ■{ 0 f, mmicipjlity, aglnc)^other paity hAvi rnr\ o w other psfty hAvinRownenhip oc opcntionsl control of the MS4. Mailing Add micipjlity, agenc)^ other paity hAvingc P n. Bo)c fsl SS'illC r YB<ay _____^ . . f y Zip Code * H gnuf piyi____r>€nh/f Tiopgic- County ^ ^ ^ ^o^tCTfhcd (icc cnclosed^p) ^ ^ FcdcraJ Tax ID Sute Tax ID c.General Contact c ?•Last Name ■ • Pint Nam^ General contact (ofTicial. lUlT member. conMitani or other) for permit compliance issues.__F.o. B/)> U bu-er\c>- Pti(-l\c Titk Mailing Address Cr\y5~\g>.l MN SS323 (!sz)Sute Zip Code Telephone (include area code)E-Mail Addfcu gcC \. 0t'c)r\o . rr.h.\aS MPCA MS4 Siofm Water Peimit AppKcaiton lori3 02A)6/03 B. Summary of the six minimum control measures. Complete Hems B. 1. through B. 6. Siotm Wattr Miuihn Prevention Programs must address the specific requirements contained in Part V. G. of the permit. SWPPPs must outline how the six minimum control measures will be addressed, the contact person, departme. s in charge, time frme and measures that wilt be implemented to meet the schedules required by the permit. 1. Public education and outreach measures Conuct Last Namdl • Vliii Depaitxncm MAiling Address MN City ( Stttc Zip Code ) Telephone (iochide sres code)E-Msil Address a) Have Best Management Practices (BMPs) that will be implemented for this minimum QNo control measure been planned or developed? b) Have measurable goals for each BMP for this minimum control measure been planned or BTes DNo developed? c) Has an estimated timeline for implementing each BMP for this minimum control 0tes DN o measure been planned or developed? Timelines should include, in narrative or numerical form, the months and years required actions will occur, interim milestones, and frequency of action, as appropriate. d) Have the educational components for this minimum control measure been planned or DNo developed? e) Provide a brief description of the plan to complete any requirements marked “No” above. Attach a separate sheet if necessary. MPCA MS4 Sionn Wikt fermit App8c«l«n 3 of 13 iinm 2. Public participation and Involvamant maasuraa (d ( V) ^ ff ■Contact Lftst 'idfilb Ficit Na Department Mailiof Addittt MN City () Scale Zip Code E-Mail AddreuTelephofic (include area code) a) Have Best Management Practices (BMPs) tfiat will be implemented for this minimum QNo control measure been planned or developed? b) Have measurable goals for each BMP for this minimum control measure been planned or 0^es DNo developed? c) Has an estimated timeline for implementing each BMP for this minimum control 0fes QNo measure been planned or developed? Timelines should include, in narrative or numerical form, the months and years required actions will occur, interim milestones, and frequency of action, as appropriate. d) Have the educational components for this minimum control measure been planned or QNo developed? e) Provide a brief description of the plan to complete any requirements marked “No” above. Attach a separate sheet if necessary. MPCA MS4 Siofm Water Pcmiii Applkatlon 4ofl3 02A)6/03 1 3. IjlicH discharge detection and elimination N®l Illicit discnarg Gotpp^ Contact Last N JfiKT ””First Department Mailiof Addf«i MN Ciry ( Stale Zip Code ) Telephone (include a. code)E-Mail Addrm a) Have Best Management Practices (BMPs) that will be implemented for this minimum Q9es DN o control measure been plaimed or developed? b) Have measurable goals for each BMP for this minimum control measure been planned or IQ^es DNo developed? c) Has an estimated timeline for implementing each BMP for this minimum control Wff9% DNo measure been planned or developed? Timelines should include, in narrative or numerical form, the months and years required actions will occur, interim milestones, and frequency of action, as appropriate. d) Have the educational components for this minimum control measure been platmed or QNo developed? e) Provide a brief description of the plan to complete any requirements marked *‘No ” above. Attach a separate sheet if necessary. MFCA MSI Siofm Water ^ennii Application 5ori3 02/06^3 4. CMStniction sK« stonn water runoff control maaiuros GaPp/^ Girgg)____________ Nwnd • rigi^lMieComactUst Depamnem Mailing Address MN City ( ) Stale Zip Code Telcptioiie (include area code)E-Mail Address a) Have Beit Management Practices (BMPs) that will be implemented for this minimum 0Yes DNo control measure been planned or developed? b) Have measurable goals for each BMP for this minimum control measure been planned or 0Ves DNo developed? c) Has an estimated timeline for implementing each BMP for this minimum control Qfes DNo measure been planned or developed? Timelines should include, in narrative or numerical form, the months and 3rears required actions will occur, interim milestones, and frequency of action, as appropriate. d) Have the educational components for this minimum control measure been planned or DNo developed? e) Provide a brief description of the plan to complete any requirements marked “No” above. Attach a separate sheet if necessary. M^A MS4 Sionn Water rcrmit AppKcacion 6 or 13 02AI6/03 1 .......I r*'<* r -/VI i.i-a«i .J 8. Post«ofislnjction stonn water managamant inaaaurtt Gt9 C.____________ FIfilContact Use Nai E99I-COf1SirUC«lfl UscNamJ >Department Mailing Addittt MN City ( Sute Zip Code ) Tekplionc (include area code)E-Mail Address a) Have Best Management Practices (BMPs) that will be implemented for this minimum ^I^es DNo control measure been planned or developed? b) Have measurable goals for each BMP for this minimum control measure been planned or (S^es QN o developed? c) Has an estimated timeline for implementing each BMP for this minimum control Ofes DNo measure been planned or developed? Timelines should include, in narrative or numerical form, the months and years required actions will occur, interim milestones, and frequency of action, as appropriate. d) Have the educational components for this minimum control measure been planned or Qtes DN o developed? e) Provide a brief description of the plan to complete any requirements marked “No" above. Attach a separate sheet if necessary. MTCA MS4 Storm Water fcniM Appiicalian ToflJ OZAMD) 6. Pol|u||ion prevention and good housekeeping measures G^Qipip/i G re.C]___________ line* r Fint(4||neCbmtet List NAine Depwtmem Mailing Addreas MN City () Sale Zip Code Telcphocie (include area code)E-Mail Addrcia a) Have Best Management Practices (BMPs) that will be implemented for this minimjin Qtes DNo control measure been planned or developed? b) Have measurable goals for each BMP for this minimum control measure been planned or B^ss ONo developed? c) Has ar. estimated timeline for implementing each BMP for this minimum control l^ss ONo measure been planned or developed? Timelines should include, in narrative or numerical form, the months and years required actions will occur, interim milestones, and fiequency of action, as appropriate. d) Have the educational components for this minimum control measure been planned or ON o developed? e) Provide a brief description of the plan to complete any requirements marked “No” above. Attach a separate sheet if necessary. MPCA MS4 Slonn Water Permit AppHetdOfi tom 02A)6^3 C. Reporting and record keeping requirements. Have reporting and record keeping requirements for implementation of the Storm Water Pollution Prevention Program been planned or developed? □No Provide a brief description of the plan to complete the reporting and record keeping requirements if “No” is martved above. Summary of Storm Water Pollution Prevention Program fSWPPP' Required Application Attachments Complete a one page SWPPP Summary Sheet and a BMP Description Sheet for each type of BMP that wilt be implemented. (See last two pages of the application form.) A. Is the SWPPP Surrunary Sheet attached? B. Is one BMP Description Sheet attached for each BMP? C. How many BMP Description Sheets arc attached?___ B?es DNo 19^8 DNo Limitations of Coverage A. Part II Limitations on Coverage and Appendix C 1 have read Part 11 Limitations on Coverage and Appendi.\ C of the MS4 general permit and E9^s certify that we intend to comply with the applicable requirements of those sections. B. Special Waters Please refer to the Guidance Manual for Small Municipal Separate Storm Sewer Systems (MS4s) and the enclosed map to complete this section. 1.Does the MS4 discharge into Prohibited Waters as defined in Minn. R. 70S0.0180, subp. 3,4, and 5? See Attachment Four of the Guidance Manual for Small Municipal Separate Storm Sewer Systems (MS4s) for further information. If yes, please list below and contact Lou Flynn at (651) 296-6575 or louis.flynn@state.mn.us. Be advised that you will be required to obtain an individual permit versus a general permit. □Yas Brto MFCA MS4 Stonn W«ia Permit Application 9of\y 02/06A)3 2. Does the MS4 discharge into waters with a Restricted Discharge as defined in Minn. R. DYes QKo 7050.0180, s bp. 6,6a, and 6b? If yes, please list below and comply with Part IX, Appendix C, Item B. See Attachment Four of the Guidance Manual for Small Municipal Separate Storm Sewer Systems (MS4s) for further information. 3. Does the MS4 discharge into Trout Waters as defined in Minn. R. 6264.0050 subp. 2 & 4? If yes, please list below and comply with Part IX, Appendix C, Item C. See Attachments Two and Three of the Guidance Manual for Small Municipal Separate Storm Sewer Systems (MS4s) for further information. □Yes 4. Does the MS4 discharge into Wetlands as defined in Minn. R. 7050.0130, subp. F? See QYes DN o Attachment Four of the Guidance Manual for Small Municipal Separate Storm Sewer Systems (MS4s) for further information. 5. Does the MS4 have a process to evaluate discharges that require applicable Environmental Review as required by State or federal laws? See Part IX of the Guidance Manual for Small Municipal Separate Storm Sewer Systems (MS4s) for further information. Q^es GNo 6. Does the MS4 have a process to evaluate discharges whose direct, indirect, interrelated, interconnected, or independent impacts may jeopardize a listed Endangered or Threatened Species or adversely modify a designated critical habitat? See Part IX of the Guidance Manual for Small Municipal Separate Storm 5e»ver Systems (MS4s) for further information. Bfes GN o 7. Does the MS4 have a process to evaluate discharges which may adversely affect properties listed or eligible for listing in the National Register of Historic Places or affecting known or discovered archeological sites? See Part IX of the Guidance Manual for Small Municipal Separate Storm Sewer Systems (MS4s) for further information. 0fes GNo If you answ ered “No” to Item 5,6, or 7, briefly e.xplain how the MS4 will come into compliance with the requirements of Appendix C. Attach a separate sheet if necessary. MPCA MS4 Sfomi Water Permit Appficitioo 10 of 13 02A)6/03 Alternate signature page for the MS4 application/ notice of intent. Owner or Operator Certification The person with overall, site or administrative area SWPPP implementation responsibility must sign the application. This person must be duly authorized to sign the application (mayor, designated public works director, president of the university, etc.). I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete (Minn. R. 7001.0070). I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment (Minn R 7001.0540). Authorized Signature (This person must be duly authorized to sign the application for the MS4)Date Cor G r € Last Name First N Official notices y^^\\ be sent to person indica^ here P Q. fefe lam^ (^4 P(/ilp\\c. Sp|r\/«Cf/ Title Mailing Address Ray mnSS12J Telephone (include area code) Sute Zip Code E-Mail Address C \ . 0^0Y^P>\V\f\XU‘ Attnchmcnt 1 SWPPP Summary Sheet Develop a unique identification number for each BMP Description Sheet (Attachment 2) completed. List the unique identification number for each BMP under the following seven areas. A. Public Education and Outraach Measures BMP unique identification numbers: B. Public Participation and Involvement Measures BMP unique identification numbers: S U/ P P S C. Illicit Discharoe Detection and Elimination Measures BMP unique identification numbers: D. Construction Site Storm Water Runoff Control Measures BMP unique identification numbers: E. Post-Construction Storm Water Management Measures BMP unique identification numbers: F. Pollution Prevention and Good Housekeeping Measures BMP unique identification numbers: 6. Other portion of the permit (such as Record Keeping or Appendix C). Portion of the pe rmit that the BMPs addresses. • • BMP unique identification numbers. MPCA MS4 S^orm Wstcf Pttmil AppticiUon 12 of 13 02^3 Please type or print neatly. Complete one page for each BMP. Alternate formats are acceotable as Ions as all the reouested informatinn i« nrovid^H Attachment 2 A. Unique Identification Number B. Name or type of BMP: C. BMP description: BMP Description Sheet (Assign a number.) See B/VIF D. Minimum control measure addressed: (check one) IDPublic Education and Outreach I]Public Participation and Involvement [^Construction Site Storm Water Runoff Control Measures OPost-Construction Storm Water Management Measures ]aillit:it Discharge Detection and Elimination I iPollution Prevention and Good Housekeeping Measures for Municipal Operations E. Describe the measurable goals that will be used to determine success or benefits of this BMP: F. Describe the timeline or implementation schedule for this BMP: G. Person or department in charge of implementing this BMP: Last Name First Name Depaitmcm H. If this BMP is m educational component of your SWPPP, briefly describe the audience and educational goals for this minimum control measure: MPCA MS4 Sma Wiiar Permit AppGcatioo IJoflJ 02A»6/Q3 * • •• .............. APR 2 6 2003 REQUEST FOR COUNCIL ACTION . r or ORONO DATE; April 28,2003 ITEM NO./3 Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed: Agenda Section: Public Services Director’s Report Item Description: Change Order #1, SC ADA System Project This is a change order to replace the existing Central Processing Unit on the PLC operator interface at the Navarre water treatment plant to provide Ethernet capabilities necessary for the operation of the new SCADA system being installed. When the SCADA system was designed, a Prosoft module at a cost of about $ 1,500 was specified to be added to the PLC unit to provi't** Ethernet capabilities, so the entire PLC unit would not have to be replaced. This module was a new product from Prosoft that was supposed to provide a lower cost method to obtain Ethernet capabilities for the PLC unit. This new module has never worked correctly and is not up to the standards promised by Prosoft. We have already had four software patches installed to correct programming errors in the module, but there continues to always be more problems. Several times this module has caused unexplained failures of the PLC control system. These are random failures with an unknown cause. When this happens, the water plant does not operate correctly. This is unacceptable system performance and will result in extra emergency call outs of public work’s personnel plus additional costs for servicing the s>stem. The proposed solution is for the contractor to return the Prosoft module for a refund and to replace the PLC unit with a new unit that has Ethernet capabilities. The cost for this additional work is $6,895 We have reviewed the information submitted by the City's engineering firm and recommend approval of this Change Order. COUNCIL ACTION REQUESTED: Motion to approve Change Order #1, SCADA System Project to Automatic Systems Company in the amount of $6,895 for replacement of the Navarre water plant PLC unit. r • y\ I t I U J Bonestroo ROsene vS Anderlik& ^ \ Associates Engineers & Architects BofiMiroo. lloMfM. Anderlfli aiHl AtteclatM. Inc. Is sn Afflrmativs Action/Eqtjsl Opportunity Employor and Employos Owned Principals: Otio O. Bonsstroo. P.E • Marvin L Sorvsis. P E • GIsnn R Cook. PE* Robert 0 SchunicM. P.E • Jsrry A. Bourdon, P E SsniorCoASuilafits: RobsrtW Roasns. P E • JotsphC Andsrik. PE • RichardE Ttanar, PE • Susan M Ebsrkn. C PA Assoclats Principals: Ksilh A Gordon. PE* Robert R Pfsflsrla. PE* Richard W Foster. PE* David O loskola. PE* Mark A Hanson. PE* Michael T Rautmann. PE* Ted K Field. PE* Kenneth P Anderson, PE* Mark R Rods. PE* David A Bonestroo. MBA* Sidney P WMiamson. P E . L S * Agnes M Ring. M B A • Allan Rick Schnvdt. P E * Thomas W Peterson. PE* JamesR Maland. PE *Miles B Jensen. P E *L PhiOip Gravel III. PE* Daniel J. Edgsrton. P.E * Ismael Martinex. P.E. * Thomas A Syfko. P E * Sheldon j Johnson * Dale A Grove. P.E * Thomas A. Roushar. P.E * Robert J Devery, P E Offices: St Paul. SI Cloud. Rochester and Wilmar. MN • Mdwaukee. Wl • Chicago. It Website: www bonestroo com Greg Gappa City of Orono PO Box 66 Orono. MN 55323-0066 RE: Orono SCADA BRAA#I39-0I-II3 Dear Mr. Gappa, Automatic Systems Co. has contacted me with heavy concern over one component being used in the SCADA system. This component has caused multiple failures at the Navarre Water Treatment Plant and they are recommending another approach. A module, manufactured by Prosoft, was added to the existing Allcn-Bradley programmable logic controller (PLC) at the Navarre Treatment Plant to obtai.n Ethernet communication. This module was recommended by Allen Bradley and was chosen because it provided Ethernet communication without replacing any existing equipment. Since this module was installed. Automatic Systems Co. has found a number of incompatibility issues between this and other equipment at the plant. They have corrected many of these issues. Some issues they have not been able to solve however, and new issues are continuing to arise. They have a concern for the reliability of this module. The alternative is to replace the existing CPU on the PLC and operator interface at the plant with Ethernet compatible units. Automatic Systems Co. has quoted a price of $6,895.00 to replace this equipment. After speaking with Automatic Systems Co., I feel that their concern is legitimate and would agree that this is an appropriate approach to this problem. Please contact me to discuss further. (651) 604-4785. Sincerely. BONESTROO ROSENE ANDERLIK AND ASSOCIATES. INC. Chad B. Westbrook 2335 W9*t Highway 38 * St. Paul. MN 55113 • 651-636-4600 • Fax: 651-635~1311 1 ^ '' I REQUEST FOR COUNCIL ACTION APR 2 fl 2003 DATE: ITEM NO.: |q Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Public Services's Directors Report Item Description: County Road 6 Trail- Old C ‘al Bay Road to Willow View Development Introduction The Council previously authorized City staff to develop a cost participation agreement with Hennepin County for the design and construction of a bicycle trail along the south side of County Road 6 from Old Crystal Bay Road easterly to the existing Willow View Development trail along the County highway. This will close an existing gap in the trail along County Road 6. The attached plan shows the conceptual layout for this trail. This property is owned by the Orono School District and leased to the Orono Baseball Association for the Lee Carlson Baltneld complex. A condition of the CUP approval for the proposed ballfield expansion project was that the school district will provide the necessary trail easements at no cost to the City The western portion of the trail will be located along the berm between the stormwater pond for the ball fields and Painters Creek. The easiest and most cost effective method to have the trail cross Painters Creek appears to be adjacent to the access road to take advantage of the access road culvert that crosses Painters Creek the trial would then connect to existing Old Crystal Bay Road Trail Just north of the access road intersection. This trail alignment eliminates any disturbance to the creek and wetlands located further north. The trail will be parallel to County Road 6 on the north side of the Lee Carlson site for the eastern portion. A retaining wall will be required in the vicinity of the existing ballfield to allow for construction of the new access road and trail. This wall is required because of the ten-foot elevation difference between the flat area at the top of the hill and the County highway. There is not enough distance for a slope without encroaching into the drainage ditch on the County Highway Right of Way. Page 1 of 2 I 1 I Jk • Cost Participation Agreement The estimated cost for the trail design and construction is $142,255. Hennepin County will pay for 50% of these costs up to a maximum County cost of $75,000. The City can utilize Municipal State Aid Street Construction Funds for the local share of the project costs. Council Action Requested Motion to approve the resolution authorizing execution of a cost participation agreement with Hennepin County for tliC construction of a bicycle trail along County Road 6. I 0 Vl/^u 'CWHtCT M I I I I I I EMSliMi R.t£l0NA(. TRAlt \SOd HtWllLWi. \ 110 OMP. LUtE LiMt TBA\L ■ / ’ f i«• A RESOLUTION AUTHORIZING THE CITY OF ORONO TO EXECUTE AN AGREEMENT WITH HENNEPIN COUNTY FOR COST PARTICIPATION IN THE CONSTRUCTION OF A BIKE TRAIL WHEREAS, the County has a cost participation program available to local units of government for cost participation in the design and construction of bicycle trails along County- Roads. WHEREAS, the County has developed a cost participation agreement number PV/ 59-08-02 with the City of Orono for cost participation in the design and construction of a bicycle trail along County Road 6 in the City of Orono. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, 1.The Mayor and Clerk are hereby authorized and directed to enter into a cost participation agreement with Hennepin County in the name of the City of Orono for the design and construction of a bicycle trail along County Road 6 in the City of Oromi. Adopted by the Orono City Council at a regular Council meeting held on April 28,2003 ATTEST: Barbara A. Peterson, Mayor Linda S. Vee, City Clerk Page 1 of 1 >«! fV i AfMAih ■ .11 I.' grt'l Agreement No. PW 59-08-02 County Project No. 0229 County State Aid Highway 6 City of Orono County of Hennepin AGREEMENT FOR PARTICIPATION IN THE CONSTRUCTION AND MAINTENANCE OF BITUMUNOUS TRAIL THIS AGREEMENT, Made and entered into this day of 200 , by and between the County of Hennepin, a body politic and corporate under the laws of the StatTof Minnesota, hereinaOer referred to as the "County", and the City of Orono, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City". WITNESSETH; WHEREAS, the City has requested County participation in the construction costs of a bituminous trail along County State Aid Highway No. (CS AH) 6 from Old Crystal Bay Road to appro.ximately 1500 feet east; and WHEREAS, the construction of said bituminous trail hereinbefore described, shall be identified and accomplished under City of Orono Project No. 2003-1 (Hennepin County Project No. 0229) hereinafter referred to as the "Project"; and WHEREAS, the City or its agents have prepared plans and specifications for the construction of said Project; and WHEREAS, the County has reviewed the proposed bituminous trail location and has determined that said bituminous trail location is included in the “Hennepin County Bicycle Transportation System Plan” dated March, 2000; and WHEREAS, said bituminous trail construction is eligible for participation under Hennepin County’s bikeway cost participation policy; and WHEREAS, it is considered mutually desirable to construct said proposed bituminous trail; and WHEREAS, the City or its agent has prepared an Engineer ’s Estimate of quantities and unit prices for the construction contract work in the amount of One Hundred Twenty Three Thousand Seven Hundred Dollars and No Cents (5123,700.00). A copy of said estimate marked Exhibit “A” is attached and by this reference made a part hereof; and WHEREAS, said proposed bituminous trail lies within the corporate limits of the City; and -1- f « Agreement No. PW 59-08-02 CSAH 6, C.P. 0229 WHEREAS, the City has requested that the County approve the plans and specifications and that the County author. :e the City to perform the work in accordance with said plans and specifications for said Project; and ' WHEREAS, i* is contemplated that said work be carried out by the parties hereto under the provisions of Minnesota Statutes, Section 162.17, Subdivision 1 and Section 471.59. NOW THEREFORE, IT IS HEREBY ACREED: I The City or its agents shall prepare the necessary plans, specifications, and proposals; shall advertise for bids for the work and construction, receive and open bids pursuant to said advertisement and enter into a contract with the successful bidder at the unit prices specified in the bid of such bidder. Said plans and specifications prepared by the City or its agents shall be designed according to County design guidelines and Mn/DOT*s “Bicycle Transportation Planning and Design Guidelines” consistent with State Aid requirements. The contract shall include the plans and specifications prepared by the City or its agents and approved by the County. Two (2) sets of approved plans shall be provided at no cost to the County prior to the start of any construction. 9 The City shall admimster the contract and perform all required engineering, inspection and testing. The City shall also obtain, and comply with, any and all permits and approvals required fi-om other governmental or regulatory agencies to accomplish said Project. Said permits and approvals shall be made available to the County upon request. The County Engineer or staff shall have the right, as the work progresses, to enter upon the jobsite to make any inspections deemed necessary, but will have no responsibility for the supervision of the work. It is understood and agreed that the City or its contractor shall be responsible for traffic control required for the Project. It is further understood and agreed that traffic shall be maintained at all times on CSAH 6 over a minimum lane width of 12 feel in each direction. All traffic control required for the Project shall be in accordance with the Minnesota Manual on Uniform Traffic Control Devices (MMUTCD). The County Engineer or his staff shall have the right to require additional traffic control -2- ; . Agreement No. PW 59-08-02 CSAH 6, C.P. 0229 a? deemed necessary due to existing field conditions. The County agrees that the City may make changes in the plans or in the character of said coiwtruction which are reasonably necessary to cause said construction to be in all things performed and completed in a satisfactory manner consistent with the plans and specifications approved by the County. It is further agreed by the County that the City may enter into change orders or supplemental agreements with the City’s contractor for the performance of any additional construction or consUuction occasioned by any necessary, advantageous or desirable changes in plans, within the original scope of the Project. Said changes may result in an increase or decrease to the County’s cost participation estimated herein. The County shall have the opportunity to review any proposed changes to the plans and specifications as they relate to the County’s cost participation prior to the work being performed. The County Engineer or designated representative shall have the right to approve any change orders or supplemental agreements prepared by the City that affect the County’s share of the construction cost. The County further agrees that it will participate in the settlement of any claims from the City’s contractor that involve delays attributable to unreasonable delays in approval by the County for plan or specification changes deemed necessary by the City Engineer or staff. The amount of County participation in any such claims shall be commensurate with the percentage of delay directly attributable to the County’s actions. The City or its agents, at its or their own expense, shall acquire all additional right of way and/or easements required for the construction of said Project. All additional right of way and/or easements obtained by the City shall be acquired in a manner that wi!< not preclude future use by the County for transportation purposes. The County will not participate in the right of way and/or easement acquisition c<>?ts for said Project. The County shall reimburse the City for fifty (50) percent of the construction costs of said Project as shown in Exhibit “A”. For informational purposes only, the County’s share of the construction costs for said Project is estimated to be Sixty One Thousand Eight Hundred Fifty Dollars and No Cents ($61,850.00). In addition to the County’s proportionate share of the contract construction cost, the County also agrees to pay to the City a sum equal to fifteen (15) percent of fifty (50) percent of the total final contract construction cost for the Project. It is understood that said additional payment by the County -3- Agreement No. PVV 59-08-02 CSAH 6, C.P. 0229 is its proportionate share of all engineering costs incurred by the City in connection with the work performed for said Project For infonmational purposes only, the County ’s proportionate share of the engmeering costs for said Project is estimated to be Nine Thousand Two Hundred and Seventy Seven Dollars and Fifty Cents ($9,277.50). The City understands and agrees that the County ’s participation in said construction and engineering costs shall not exceed Seventy Five Thousand Dollars and No Cents (S75 000 001 without an amendment to this Agreement. \ > ■ ) It is understood that the Engineer ’s Estimate referred to on Page I of this Agreement is an estimate of the construction cost for said Project and that the unit prices set forth in the contract with the successful bidder and the final quantities as measured by the City Engineer or its designated representatives shall govern in computing the total final construction cost for apportioning the costs of said Project according to the provisions herein. After awarding the constniction contract to the successful bidder the City will invoice the County for ninety five (95) percent of the estimated County share in the construction costs for the Project. Said County ’s share in the construction costs shall be based on actual contract unit prices for estimated quantities shown in the plans for said Project at the time of award. The County will within forty five (45) days of said invoice, deposit with the City funds totaling the amount of said invoice. In the event the City Engineer or staff determines the need to amend the work required on the Project with a supplemental agreement or change order which results in an increase in the County ’s proportionate share of the construction costs, the County hereby agrees to rem‘‘ within forty five (45) days of invoice from the City for said change an amount equal to ninety five (95) percent of the estimated increase in the County ’s share of the construction costs as doc«imented in the executed supplemental agreement or change order, subject to the provisions of Article V' herein. 'i'h® t^^tttainder of the County s share in the construction costs, including additional costs resulting from supplemental agreements and change orders, is to be paid to the City upon the completion of the Project and submittal to the County of the City Engineer ’s Final estimate for said Project. Upon the completion and acceptance of the work provided for in this Agreement the City shall determine and compute the total amount due the City from the County as set forth herein, based on the actual Contract unit prices for work completed by the Contractor and the final quantities as measured by the City Engineer and designated representatives. The City shall apply on the payment thereof as much as may be necessary of the aforesaid funds deposited by the County. If the amount found due from the County is less than the amount of the funds deposited, then, and in that event, the balance of said deposited funds shall be returned without interest to the County. If the amount found due from the County exceeds said amount of funds deposited, then, and in that event, the County agrees to pay to the City within forty five (45) days of receipt of an invoice from the City, the difference between said r*--4-Ais/V. r I • Agreement No. PW 59-08-02 eSAH 6, C.P. 0229 amount found due and said amount of funds deposited. All payments to the City must be postmarked by the date due or a late penalty of one (1) percent per month, or fraction thereof, on the unpaid balance may be charged to the County. The County shall pay the amount due as stated on the invoice, notwithstanding any dispute of such amount. Should a disputed amount be resolved in favor of the County, the City shall reiml- .rse the disputed amount plus daily interest thereon calculated from the date such disputed amount was received by the City. Daily interest shall be at the rate of one (1) percent per month on the disputed amount. VII All records kept by the City and the County with respect to this Project shall be subject to examination by the representatives of each party hereto. VIII It is understood and agreed that upon completion of the Project proposed herein, all bituminous trails, retaining walls and storm sewer drainage included in said Project shall become the property of the City and all maintenance, restoration, repair or replacement required thereafter shall be performed by the City at no expense to the County. It is hereby understood that the County requires an operational clear zone along the side of the road for storage of snow removed from County roadways. The City hereby agrees to be responsible for the removal of any snow that may be placed on its bituminous trails as a result of the County’s snow removal operations on the County's roadways within the limits of said Project. The City agrees to defend, indemnify and hold harmless the County, its officials, officers, agents, volunteers, and employees from any liability, claims, causes of action, judgments, damages, losses, costs or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission of the City, its subcontractors, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable related to the ownership, maintenance, existence, restoration, repair or replacement of the City owned improvemenrs. The City’s liability under this indemnification obligation shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law. IX Each party agrees that it will be responsible for its own acts and the results thereof, to the extent authorized by the law, and shall not be responsible for the acts of the other party and the results thereof. The County’s and the City's liability are governed by the provisions of Minnesota Statutes, Chapter 466. The County and the City each warrant that they are able to comply with the aforementioned indemnity requirements through an insurance or self-insurance program. -5-va J • i Agreement No. PW 59-08-02 CSAH 6, C.P. 0229 I'he City also agrees that any contract let by the City or its agents for the performance of the work on County State Aid Highway No. 6 as provided herein shall include clauses that will: 1) Require the Contractor to defend, indemnify, and hold the County, its officials, officers, agents and employees harmless from any liability, causes of action, judgments, damages, losses, costs or expenses including, without limitation, reasonable attorneys’ fees, arising out of or by reason of the acts and/or omissions of the said Contractor, its officers, employees, agents or subcontractors; 2) Require the Contractor to be an independent contractor for the purposes of completing the work provided for in this Agreement, and 3) Require the Contractor to provide and maintain insurance in accordance with the following: 1. Commercial General Liability on an occurrence basis with Contractual Liability and Explosion, Collapse and Underground Property Damage (XCU) Lial'ility coverages: General Aggregate Products-Completed Operations Aggregate Personal and Advertising Injury Each Occurrence - Combined Bodily Injury and Property Damage Limits $1,000,000 51,000,000 $1,000,000 $1,000,000 Hennepin County shall be named as an additional insured for the Commercial General Liability coverage with respect to operations cov ered under this Agreement 2. Automobile Liability: Combined Single limit each occurrence coverage or the equivalent covering owned, non-owned, and hired automobiles: 3. Workers' Compensation and Employer's Liability: A. Workers ’ Compensation If the Contractor is based outside the State of Minnesota, coverages must apply to Minnesota laws. B. Employer’s Liability - Bodily injury by: Accident - Each Accident Disease - Policy Limit -6- $1,000,000 Statutory $100,000 $500,000 i • it Agreement No. PW 59-08-02 CSAH 6, C.P. 0229 Disease - Each Employee SI 00,000 An Umbrella Liability policy over primary liability coverages is an acceptable method to provide the required insurance limits. The above subparagraphs establish minimum insurance requirements. It is the sole responsibility of the City’s Contractor to determine the need for and to procure additional insurance which may be needed in connection with said Project. Alt insurance policies shall be open to inspection by the County and copies of policies shall be submitted to the County upon written request. XI It is further agreed that any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided for herein to be performed by the Cit>- shall not be considered employees of the County, and that any and all claims that may or might arise under the Worker’s Compensation Act or the Minnesota Economic Security Law on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the County. Also, any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees of the City, and that any and all claims that may or might arise under the Worker’s Compensation Act or the Minnesota Economic Security Law on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the City. XII In order to coordinate the services of the City with the activities of the County so as to accomplish the purpose of this Agreement, the County Engineer or a designated representative shall manage this Agreement on behalf of the County and shall serve as liaison between the County and the City. In order to coordinate the services of the County with the activities of the City so as to accomplish the purpose of this Agreement, the City’s Director of Public Service or a designated representative shall manage this Agreement on behalf of the City and shall serve as liaison be^veen the City and the County. -7-V\’L. ; • k . Agreement No. PW 59-08-02 eSAH 6, C.P. 0229 XUI It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any alterations, variations, modifleations or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. XIV The provisions of Minnesota Statutes 181.59 and of any applicable local ordinance relating to civil rights and discrimination end the Affirmative Action Policy statement of Hennepin County shall be considered a part of this Agreement as though fully set forth herein. (THIS SPACE INTENTIONALLY LEFT BLANK) -8-\.w n I •I i s • Agreement No. PW 59-08-02 CSAH 6, C.P. 0229 IN TESTIMONY WHEREOF, The parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF ORONO (Seal)By:. Mayor Date: And: -Manager- CAy Date:. COUNTY OF HENNEPIN ATTEST; By:. Deputy/Clerk of the County Board By:. Chair of its County Board Date:Date: APPROVED AS TO FORM:And: By:,^ lUjUyh Wi^tant Countv Attomev Assistant/Deputy/County Administrator Date: Assistant County Attorney Date: And: Assistant County Administrator, Public Works and County Engineer Date: APPROVED AS TO EXECUTION:RECOMMENDED FOR APPROVAL By:. Assistant County Attorney By:. Director, Transportation Department Date;Date: -9- t CITY OF ORONO Lee Carison Ballfleld Trail Preliminary Construction Cost Estimate BRA File No. 139-03-126 Preliminary Construction Cost Estimate ___ITEM Mobilization Common excavation Granular borrow Aggregate base, Cl. 5,100% crushed Type 41A bit wear course Modular block retaining wall Barrier railing Silt fence Sod with 4" topsoil Estimated Construction Cost EST..V. UNIT LS CY CY TN TN SF LF LF SY QUANTITY 1 500 500 650 260 3150 450 1500 1500 UNIT PRICE__ $10,000.00 5.00 8.00 12.00 50.00 22,no 18.00 3.00 3.00 EST. COST $10,000 2.500 4,000 7,800 13,000 69,300 8,100 4.500 4,500 $123,700 Hennq>in County Agreement No. PW 59-08-02 Exhibit "A"; Sheet 1 of 1 REQUEST FOR COUNCIL ACTION APR 6 2003 DATE; April ITEM NO: /5^ Department Approval: Name RonMoorse Title City Administrator Adminbtrator Reviewed:Agenda Section: City Administratoi's Report Item Description: Payment Request Number I - Navarre Fire Station The City has received one invoice for payment related to the Navarre Fire Station. The invoice is from BKV Group, for architectural services, in the amount of $11,122.32. COUNCIL ACTION REQUESTED: Motion to approve the request for payment in the amount of $ 11,122.32 to BKV Group, to be funded from the Navarre Fire Station Construction Fund. -r-i ■ -t BKV GROUP Archif*cHir« lnt«rk>f Dasign Engineering Boormofi Kfoot Vogel Group Inc. 222 North Second Street Minneopolis, MN 55401 Uephonet 6(23393752 FocsMe: 612.339.6212 www.bkvgroup.com EO€ Billing Group 001 Totals: Invoice Invoice Number: 20583 Invoice Date: March 25,2003 City ofOrono 275(0 Kelley Parkway P.O. Box 66 Orono, MN 553234)066 Attention: Mr. Ron Moorse > t Project: 1124.10 City of Orono -Fire Station Professional Services through 3/25/03 BiUlag Group: Contract U: 001 Contract Amount: Percent Complete: Fee Earned: Prior Fee Billings: SI 10.500.00 10.00% $11,050.00 SO.OO i Current Fee Total:SI 1.050.00 Billing Group Total: Billing Group: $11,050.00 relmb Contract #: Reimbursables BiillBK Group rtimb Touts: i. f BKV Group, Inc. Project: 1124.10 Invoice: 20583 March 25.2003 Page2of2 EsfiSDSfi Charge Bond Paper byS.F.1.50 Copy Paper 81/2x11 25.05 Long Dist Telephone Chrgs 10.00 Mileage/Tnvel 35.77 Reimbursables Totals S72.32 Billing Group Total:$72.32 Project Totals: *** Invoice Total ***$11,122.32 BilUni Sumnury CuncDi Edfll Ifiia Professional Services $I 1.050.00 SO.OO Sli.050.0( Reimbursable Expenses:$72.32 SO.OO $72.32 Outside Services:SO.OO SO.OO $0.0( Other Services and Fees:SO.OO SO.OO SO.OC Finance Charges:SO.OO SO.OO SO.OC Taxes:SO.OO SO.OO S0.0( Total:$11,122.32 SO.OO SI 1.122.32 ■’f'w . >dB- 1 ' ♦ ■* 1 r a -----,mg APR 2 6 200J CITY or OHONO REQUEST FOR COUNCIL ACTION DATE: April 23,2003 ITEM NO: / (^ Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed: Report Agenda Section: City Administrator's Item Description: Request the Orono HRA to Call for the Sale of Bonds to Finance the Navarre Fire Station and Fire Equipment-Resolution. The funding for the Navarre Neighborhood Fire Station is to be provided through a lease-purchase arrangement with the Orono MRA, which involves the sale of revenue bonds by the HRA. In order for the bond sale to move forward, the City Council needs to request the HRA to call for the sale of bonds. A meeting of the HRA to take action to call for the bond sale has been scheduled for 8:00 p.m. on Monday, April 28. The amount of the bond issue ’; based on the total costs of the Navarre Fire Station, along with the cost of fire equipment. The total costs related to the construction of the Navarre Fire Station are $1,600,000. In addition, the station will need to be equipped with a pumper and a light rescue vehicle. Both of these vehicles can be used vehicles. The estimated cost of thc.se vehicles is$280,000. Also, the Long Lake Fire Department’s capital budget includes the replacement of a medium rescue vehicle in 2003 and the replacement of a pumper in 2004. The cost to Orono for these vehicles is estimated to be $ 150,000 for the rescue vehicle and $300,000 for the pumper. We have asked the Long Lake Fire Department to consider whether a used rescue vehicle would meet their needs. We may also be able to purchase a pumper at a lower cost. 1 lowcver, at this time, in order to set out a ma.ximum bond issue amount, we will use the costs indicated above. Although the City has been tran.sfcinng $40,000 per year into a fire equipment replacement account, the recent substantial expenditures for a new tanker and the 800 MHZ radios has substantially reduced the balance in this account. The large capital expenditures in 2003 and 2004 rerjuire finalising spread over a number of years. Based on the co.sts set out above, plus issuance costs, discount, and a required one-year debt service reserve, the total amount of the bond issue will be $2,500,000. Caroline Drude, the City's bond consultant, will attend the May I Council work session to provide information regarding the bond sale, as well as options for structuring the debt service payments. The worksession will also be an opportunity to make a final determination as to the size of the bond issue. A re.solution requesting the Orono HRA to call for the sale of bonds to finance the Navarre Fire Station and fire equipment i.s attached for Council action. ■ — ............. COUNCIL ACTION REQUESTED: Motion to adopt the attached resolution requesting the Orono HRA to call for the sale of bonds to finance the Navarre Fire Station and fire equipment. ’i RESOLUTION TO REQUEST ORONO HOUSING AND REDEVELOPMENT AUTHORITY PARTICIPATION IN CITY FIRE STATION AND EQUIPMENT FINANCING BE IT RESOLVED By the City Council of the City of Orono, Minnesota, as follows: 1. This Council hereby determines to request that the Orono Housing and Redevelopment Authority issue revenue bonds under Minnesota Statutes, Sections 469.152 to 469.165 (the “Bonds”) to finance construction of a new fire station in Navarre on land owned by the City and acquisition of fire equipment (the “Project”). The principal and interest on the Bonds will be paid from lease payments to be made by the City. 2. The City shall work with the Orono Housing and Redevelopment Authority to prepare proposed documentation, to set a sale date and prepare offering document. The terms of the Bonds and related documentation shall be subject to approval by this Board. Adopted by the City Council of the City of Orono, Minnesota, at a regular meeting held April 28,2003. '.A ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor 1 L t i REQUEST FOR COUNCIL ACTION ................nNO APR ii S 2003 CITY ur ORONO DATE: April 23, 2003 ITEM NO: H Department Approval: Naeie RooMoorse Titk City Administrator Administrator Reviewed: r Report Agenda Section: City Administrator ’s Item Description: Personnel Matter A The Council will be asked to take action regarding a personnel matter. The intbrmation regarding the personnel matter is confidential. The information has been provided to the Council under separate cover. The information regarding the Council ’s action on the personnel matter becomes public upon final disposition of the matter. The Council may approve the staff recommendation regarding this matter as part of the Consent Agenda. If the Council wishes to discuss the matter, the meeting will be closed for the discussion, then reopened for actior on the matter. COUNCIL ACTION REQUESTED: Motion to approve the staff recommendation regarding the personnel matter. I k -------------------------- REQUEST FOR COUNCIL ACTION Q 2003 Cl I r Ur OflONo DATE: April 23, 2003 ITEM NO = /g Department Approval: Name RonMoorse Title City Administrator Administrator Reviewed: Item Description: Personnel Matter B Report Agenda Section: City Administrator ’s The Council will be asked to take action regarding a personnel matter. The information regarding the personnel matter is confidential. The information has been provided to the Council under separate cover. The information regarding the Council ’s action on the personnel matter becomes public upon final disposition of the matter. The Council may approve the staff reconunendation regarding this matter as part of the Consent Agenda. If the Council wishes to discuss the matter, the meeting will be closed for the discussion, then reopened for action on the nuitter. COUNCIL ACTION REQUESTED: Motion to ^prove the staff recommendation regarding the persoiuiel matter. LHIv REQUEST FOR COUNCIL ACTION -------»mG APR 2 fl 2003 Cl I r uh OflONO DATE: April 25,2003 ITEM NO: / 9 Department Approval: Naaie RonMoorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Second Addendum to Ground Lease and Sublease With the Orono Schools and the Orono Baseball Association The Lee Carlson fields were constructed by the Orono Baseball Association on land owned by the Orono Schools. The land is being leased to the City by the Orono Schools, and the City is subleasing the land to the OBA. The OBA is now going to build another baseball field on land owned by the Orono Schools, just east of the Lee Carlson Fields. The Orono Schools again wants to lease the land to the City, who will sublease the land to the OBA. The attached Second Addendum to Ground Lease and Sublease provides for this arrangement, and for the construction of the additional ballfield. The City Attorney has reviewed the addendum, and has indicated the addendum is an acceptable document for enabling the same arrangement for the additional ballfield as is in place for the existing ballfields. COUNCIL ACTION REQUESTED: Motion to approve the Second Addendum to Ground Lease and Sublease with the Orono Schools and the Orono Baseball Association. APR-17-2003 10:13 GRQNO ISD tt278 612 449 8399 P.02^04 4/3/03 SECOND ADDENDUM TO GROUND LEASE AND SUBLEASE ‘Distnct*’). and City of Oiono (City-), and Orono Ba«*SlAssociation, (“OBA”). dated as of AirtM?^ w *® ““ W* “Ctouk I Lease") that eertainOround Sublease (the^ireied Svfclgse") d«ed aa of April 15,1994. District. City and OBA are parties to in ArfoSrfTA '5> 1994 (the “Fim Pr^”) ®»®*****«s by *e OBA in connection with the expansion (the “Expansion I-««,s.e,jsu^ 4 ** 1 ^P"bes hereto agree that the Ground Lease and the Suhleax#^ b Iib Ii to ^ IT the area su^ect to the Expansion Proj^ which area shaU be refeired attaclSd hSJfafESt^ ^ ^ “ ,, . ®®^*ball be responsible for all site work (“Site Work”) xeouirwi to Mable the construction of the Expansion Project. A preliminary site plan of thcExnLision Project IS attached hereto as Exhibit B. p*® or me expansion nfnionc^ Subjcct to Distiict’s ptior WTittcn approvalof plans, specifications and drawings (“Approved Plan?”), OBA shaU cause at Its expe^ the instruction on the real estate described on Exhibit A to the Swond A^duni to Qnmd Lease and Sublease (refiqired to herein as the Expand^ Lea^ Parcel”) of organiaed youth baseball fields, which may include playing fields, dugouts. storage facilities, fencipg, landscaping and othw ^urtenances necessary to operate similar organized youth baseball fields in Ac suburban Twin Cities area in material compliance wiA Ae Approved Pl^ (as the facilities may exist from time to time, Ac "New Facilmcs •). OBA rqiresents that it shall obtain all builfling permits or oAer 1 r ■ i •flPR-17-2003 10:14 ORQNO ISD »278 612 449 8399 P.03/04 f approvals, consents or permits necessary to cmistruct and operate the New Facilities, and that the New Facilities and the use thereof shall comply with all building and zoning codes, and federal, state and local laws. OBA has kept and shall keq) the Expanded Lease Parcel free and clear of all mechanic’s liens. OBA not commence any construction nor permit any act to give rise to potential claims of mechanic’s liens or the like unless and until (a) OBA ghaii have frimished to District evidence considered to be reasonable by Distiici to gjtfahlish diat OBA has sufBdeot available ud sq>arate funds for timely completion of the Expansion Project, (b) District has agreed in writing upon the /proved Plans, and (c) OBA has obtained all building permits and other qiprovals, consents and permits necessary to construct and operate the Expansion Project in compliance with all building and zoning codes, and any other applicable federal, state or local law. If the conditions outlined in this Section 3 shall not have been completely fulfilled in District’s reasonable (pinion on or prior to May 1,2004, then District or OBA shall have the right to tennirude this lease as it relates solely to file Expanded Lease Parcel effective upon the lO'^ day after providing written notice of termination to OBA or District provided that nothing herein shall rdease or diminish OBA’s obligation to keqi the Expanded Lease Parcel free auj clear of all mechanic’s liens, encumbrances and the like, which obligation of pBA shall survive termination or expiration of this Lease. OBA shall copunence construction of the New Facilities within 30 business days after all of file terms and conditions of this Section 3 have been fiilfilled and approved by pistrict, and OBA shall complete the New Facilities in a first>class good and workmanlike manner, free and clear of all mechanics and ofiier liens and enmimbrances, on or prior to October 1,2004.” 4. OBA accqits the Eiqianded Lease Parcel in an ”AS IS” condition in accordance with the provisions of Article S of the Ground Lease. S. The Site Work shall be permanent and peed not be removed at the expiration of the Lease Term. 6. In consideration of the work to be performed by OBA on the Fjqiansion Project, if the New Facilities are completed in a timely manner as set forth in paragr^h 3 above, the Term of the Ground Lease and the Ground Sublease ivill be extended until March 15,2024. 7. OBA shall indemnify and hold the City and District harmless from and against any and all liability that may arise as a result of the Site Work. 8. The District, as declarant, as a part of the Expansion Project will enter into a Declaration for the benefit of the Minnehaha Creek Watershed District. OBA agrees to abide by the terms of^ perform the duties undertaken by and indemnify, defend and hold harmless District from ^ of District’s undertakings and agreements in such Declaration. -2- PFR-17-2e03 le: 14 GRQNO ISD 4278 612 449 8399 P.04/84 as oOienvue herein expreisly provided, all tenns and conditions of the Ground Lease, Siihl^ and Piist Addendum shaUiemiin in fiill force and efihct This *^^*^*^"* *®*all be bindiog «g»on and inure to the benefit of the successors and assigns of the parties hereto, suigect to limitations against assignment and sublease set forth in the Ground Lease and Sublease. IN WITNESS WHEREOF, tiie parties have made and lliis Second Addendum to Ground Lease and Sublease cfGKtive as of the date first above written. MtJTIMliH f ■ A.:'. m INDEPENDENT SCHOOL DISTRICT #278 Its cmropoRONo ORONO BASEBALL ASSOCIATION -3- total P.04 ^:- f, ^ .•X ■» , ;• \l > I ^ -• i _. REQUEST FOR COUNCIL ACTION APR 2 d 2003 DATE; AiStJ^S^288!P'^° ITEM NO; ^ O Department Approval; Name RonMoorse Title City Administrator Adminbtrator Reviewed;Agenda Section; City Administrator's Report Item Description; Scheduling of Special Council Meeting/ Work Session prepared for Council action by Tuesday, May 6. Rather than waiting for Council action until the regular Council meeting of May 12, a week of delay could be avoided by awarding the bid at a special Council meeting. The Council is requested to schedule a special Council meeting for 5:30 p.m. on Tuesday, May 6 to enable the site work bids to be awarded. This meeting could also be an opportunity to discuss other current issues in a work session format. COUNCIL ACTION REQUESTED; Motion regarding the scheduling of a special Council meeting for 5:30 p.m. on Tuesday, May 6, 2003. rv ------^ING ^PR 26mREQUEST FOR COUNCIL ACTION Cl I y UK Ofio/vo DATE: April 24,2003 ITEM NO: * I Department Approval: Name Lin Vce Tllle City Clerk r Administrator Reviewed:Agenda Section: Licenses Item Description: List of Licenses for Council Approval KENNEL LICENSE 1. Jennifer Vervoort-Smith 2580 Fox Street SPECIAL EVENT PERMIT 1.Applicant: Event: Location: Date: Time: Kyle Hunt and Partners, Incorporated 2003 Luxury Home Tour 1745 Concordia Street June 6 - 8, 13 - 15, & 20 - 22 (Fridays, Saturdays & Sundays) Fridays 1:00 p.m. - 7:00 p.m., Saturdays & Sundays 11:00 a.m. - 6:00 p.m. *Notc: llie City received a call from a neighbor objecting to this special event based on the increased amount of trafTic in the area due to a number of construction projects on Fagemess Point. Applicant: Event: Location: Date: Time: Steiner & Koppelman 2003 Luxury Home Tour 2795 Pheasant Road June 6-8,13 - 15, & 20 - 22 (Fridays, Saturdays & Sunday’s) Fridays 1:00 p.m. - 7:00 p.m., Saturdays & Sundays 11:00 a.m. - 6:00 p.m. 3.Applicant: Event: Location: Date: Time: LeGran Homes Fall 2003 Parade of Homes 970 Willow View Drive September 6-October 5, 2003 Noon - 6:00 p.m., Thursdays through Sunday’s 4.Applicant: Event: Location: Date: Time: Gear West Ski & Bike Duathlon (3 Mile Run / 20 Mile Bike / 3 Mile Run) Orono Middle School and Surrounding Area as designated on map Sunday, May 18, 2003 7:00 a.m. - 1:00 p.m. 5.Applicant: Event: Location: Date: Time: Dennis Nelson Wednesday Night Bassin' Fishing Tournament Way'zata Marine - Maxwell Bay Wednesdays - June 11, June 25, July 2, July 16, August 6, August 20, September 3, and September 17,2003 4:00 p.m. - 8:30 p.m. COUNCIL ACTION REQUESTED: Motion to approve/deny the above listed licenses. CITY OF ORONO SPECIAL EVENT PERMIT Date Issued: Date of Event: Time: April 29,2003 June 6-8, 13-15 and 20-22,2003 Fridays, 1 :00 p.m. - 7:00 p.m. Saturdays and Sundays, 11:00 a.m. - 6:00 p.m. Name of Pcrson(s) And/or Organization Sponsoring this Event: Kyle Hunt Kyle Hunt and Partners, Incorporated 18324 Minnetonka Boulevard Deephaven, MN 55391 Phone: 952-476-5999 Location of Event: 1745 Concordia Street Type of Event:2003 Lu.xury Home Tour The foitowing documents arc required and on file at the City Administrative Offices: • Certificate of General Liability Insurance • Copy of Notification of Neighbors • Parking Plan • Approval from Orono Police Department The following conditions have been placed on this event: • This spec ial events permit is subject to immediate revocation by the Orono Police Department upon violation of any City Ordinances or identification of hazards to safety of the public. • 1 arking allowed on only one side of Fagemess Point Road and Corral Road as indicated on attached map. The private home side of Corral Road, the lake side of Fagemess Point Road, and Fagemess Point Road from Corral Road to Webb Street should be posted ‘‘No Parking." Signs directing trattic to Webb Street as the e.xit route will help keep traffic from turning around in private driveways. • Permit holder is responsible for notification of this special event to the neighbors on Fagemess Point Road and Concordia Street. • Pemiit holder should have a person available to direct traffic and ensure that traffic does not dri\e past the park on Concordia Street that would then end up turning around in private dnveways to e.xit the area. This person will need to let residents living north of the park pass to access their homes. Approved at City Council meeting on: Apnl 28, 2003 (City'Seal) Ronald J. Moorse, City' Administrator 2750 Kelley Parkway, P.O. Box 66, Crystal Bay, MN 55323 Phone. 952-249-4600 / Fax; 952-249-4616/www.ci.orono.maus r -0^m ::.^^-^i s oK >.>C)6<X “i Mb l>A(^Vi»Ki FAGERNESS P«NT r o. o CITY OF ORONO SPECIAL EVENT PERMIT Date Issued: Date af Event: Time: April 29,2003 June 6-8,13-15 and 20-22,2003 Noon - 7:00 p.m. Nameof Person(s) And/or Organization Sponsoring this Event: Timothy O’Connor Steiner & Koppelman 18340 Minnetonka Boulevard Phone: Wayzata. MN 55391 952-473-5435 / Locaaon of Event: 2795 Pheasant Road Type of Event:2003 Luxury Home Tour The following documents are required and on file at the City Adminbtrative Offices: • Certiflcate of General Liability Insurance • Copy of Noti fication of Neighbors • Paring Plan • Approval from Orono Police Department The following conditions have been placed on this event: • This spwial events permit is subject to imir.ediate revocation by the Orono Police Department upon violation of any City Ordinances or identification of hazards to safety of the public. • Parking allowed on only the inbound side of Pheasant Road. The outbound side and turnaround circle at the end of Pheasant Road should posted “No Parking.” • Permit holder is responsible for notification of this special event to all neighbors on Pheasant Road, including a contact name and phone number for any questions or concerns regarding this event. Approved at City* Council meeting on: April 28,2003 (City Seal) Ronald J. Moorse, City Administrator 2750 Kelley Parkway, P.O. Box 66, Crystal Bay, MN 55323 Phone; 952-249-4600 / Fa.x; 952-249-4616 / www.ci.orono.mn us CITY OF ORONO SPECIAL EVENT PERMIT Date Issued: Date of Event: Time: April 29,2003 Septemher 6 - October 5,2003 Noon - 6:00 p.m. Thursdays through Sundays Name of Person(s) And'or Organization Sponsoring this Event: Mike Koester LeGran Homes 1521 94 ‘”Lane NE Blaine, MN 55449 Phone:763-780-5756 Location of Event: 970 Willow View Drive Type of Event: 2003 Fall Parade of Homes I The following documents are required and on file at the City Administrative Ofrices: • Certificate of General Liability Insurance • Approval from Orono Police Department • Approval from Orono Building and Zoning Department The following conditions have been placed on this event: • This special event pemiit is subject to immediate revocation by the Orono Police Department upon violation of any City Ordinances or identification of hazards to safety of the public. • Notification of this special event is to be provided to the residents in the Willow View subdivision, including the name and phone number of a responsible party who can resolve any issues which arise at the time of the special event. • Parking is to be limited to dhe side of the street.1 Approved at Clt> Council meeting on: April 28, 2003 (City Seal) Ronald J. Moorse, City Administrator 2750 Kelley Parlo»^y, P.O. Bo.x 66. Crystal Bay. MN 55323 Phone: 952-249-4600 / Fax: 952-249>4616/u*w ‘w.ci.orono.inn.us 1. CITY OF ORONO SPECIAL EVENT PERMIT / Dale Issued: Date of Event: Time: April 29,2003 May 18,2003 7:00 a.m. - ll:00a.tn. Name of Person(s) And/or Organization Sponsoring this Event: Jarrod Sokoiowski Gear West Phone: 1786 West Wayzata Boulevard Long Lake, MN 55356 952-473-0093 Type of Event:Duathlon (5 K Run/30 K Bike/4 K Run) Location of Event: Orono Middle School & Surrounding Areas The following documents are required and on file at the Clt>’ Administrative Offices: • CertiHcate of General Liability Insurance • Route of Race Event • Approval from Orono Police Department • Approval from Orono Schools The following conditions have been placed on this event: • Notification and/or appros al of event must be made to the Orono Schools, City of Medina, Three Rivers Park District and Hennepin County Department of Transportation • Event organizer to provide traffic control personnel at the following intersections: — County Road 6 and Old Crystal Bay Road at start of the race and on return of racers — Old Crystal Bay Road and Kelley Parkway “ Count>'Road 6 and County Road 201 - County Road 6 and Hunter Drive • Ail tiaffic control personnel should be provided with a traffic control vest. • Participants to run against traffic, and bike with traffic. • oigns from Warning Lights or equivalent, warning of 'heavy pcd'*strian traffic ahead - ne.xt 4 miles" or whatever is commercially available (signs to be placed for eastbouod traffic at County Road 6 and Jamestown Road and for westbound traffic at County Road 6 and Hollander Road). • 'I he special event permit is subject to immediate revocation by the Orono Police Department upon violation of any City Ordinances or identification of hazards to safety of the public. Approved at City Council meeting on: April 28.2003 (City Seal) Ronald J. Moorse, City Administrator 2750 Kelley Parkway, P.O. Box 66, CrysttI Bay, MN 55323 Phone: 952-249-4600/Fax: 952-249-4ltl6/MAi>u>riftrrtf«i%«w«t CITY OF ORONO SPECIAL EVENT PERMIT Date Issued: Date of Event: Time: April 29,2003 June 11, June 25, July 2, July 16, August 6, August 20, September 3, and September 17,2003 4:00 p.m. - 8:30 p.m., Wednesdays Name of Person(s) And/or Organization Sponsoring this Event: Dennis Nelson Denny’s Super 30 5425 Kellogg Edina, MN 55424 Phone:952-922-4724 Location of Event: Wayzata Marine - Maxwell Bay Type of Event:Fishing tournament The following documents arc required and on Ale at the City Administrative OfAces: • Certificate of General Liability Insurance • Approval from Orono Police Department • Approval from Orono Building and Zoning Department The following conditions have been placed on this event: • This special event pemut is subject to immediate revocation by the Orono Police Department upon violation of any City Ordinances or identification of hazards to safety of the public. • This pcmiit is subject to approval of this event by the DNR, Lake Minnetonka Conser\'ation District and Hennepin County Sheriffs Water Patrol. • Participants must follow the rules and regulations posted by the DNR at the Maxwell Bay landing, including no use of alcoholic beverages. Approved at City Council meeting on: April 28,2003 (City Seal) Ronald J. Moorse, City Administrator 2750 Kelley ParlcAiy, P.O. Box 66. Crystal Bay, MN 55323 Phone: 952-249-4600 / Fax: 952-249-4616/www.ci.orono.maus Chtck Number Employte Naimi Pay Paiiod 052664 052665 052666 052667 052668 052669 052670 052671 052672 052673 052674 052675 052676 052677 052678 052679 052680 052681 052682 052683 052684 052685 052686 052687 052688 052689 052690 052691 052692 052693 052694 052695 052696 052697 052698 052699 052700 052701 052702 052703 052704 052705 052706 052707 052708 052709 052710 052711 052712 052713 052714 052715 052716 052717 052718 DODGE. RACHEL M. I^SKINEN. DENISE M. MOORSE. RONALD J. SILUS. BARBARA G. VEE. LINDAS. KUEHN. THOMAS M. OLSON. RONALD J. PETTIT. SANDRA K ANDERSON. BRUCE L ARNESON. JOSHUA A. BOBZIEN. SUE A. BORIS. SCOTT W. BUDIG. STACIE M. CARLSON. MICHAEL B. CORNICK. JAMES L DEMBOUSKI. JAY C. ERICKSON. KURT R FARNIOK. CORREY L. FISCHENICH.DANT. FISCHER. CHRISTOPHER K. GOOD. STEPHANY R. HENDRICKS. RONALD J JOHNSON. JEFFREY MADSON. ADRIENNE M. MCNICHOLS. DAVID L. MOROWCZYNSKI. JAMES PERSELL. WILLIAM R SCHOENHOFF. JOHN B. TOMCHECK. LAWRENCE F. TOMCZYK.MARKW. WITTKE, ANTHONY A. HERMAN. JOHN R. LEE. JOSEPH P. BOLTERMAN. MATTHEW A. BOTTENBERG. WENDY C. CHAPUT. JENNIFER L GAFFRON. MICHAEL P. GAPPA. GREGORY A. MEYER. WILLIAM C. OMAN. LYLE E. VANG.BRUCE L BRINKHAUS. JOHN F. DEBAERE. DONALD L GREGORY. JAMES D HANSEN. STEVEN OBERAIGNER. SCOTT G. OBRIEN. RANDY L PALMER. GREGORY A RATHBUN. BARRY J SKREEN, DALE S. ABRAHAMSON. FRED W. MCINTYRE. WILLIAM E OAS. DANIEL O. ROSS. JOHN A. STEFFENHAGEN. RONALD 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 6 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 CITY OF ORONO check register Or*. 04/1 SA}3 8:55 AM Pace 1 Chacic Amount $1.02013 $851.24 $12.18 $717.97 $1.229 96 $1,014.46 $12632 $47020 $1,227.23 $505.31 $769.81 $95298 $62557 $55336 $1.436 36 $1,516.77 $1,528.42 $1,559.46 $1,474.78 $143.73 $1,877.33 $1,225.77 $1,512.87 $472.23 $61989 $1,601 67 $592 66 $1,521 21 $699 00 $1,694.15 $1.40352 $845.58 $27406 $1,084.79 $1.363 41 $1.239 70 $1.398 84 $1.706 74 $682 C5 $197.74 $1,299 96 $1.372 67 $1.01586 $1,060 56 $1.10413 $84398 $969 10 $730.94 $1.21939 $1,092 80 $112.26 $175.88 $65.11 $8042 $1,362.54 $52,255.05 ---■s' Chack Data Chack Status 4/16/03 Outstanding 4/16/03 Outstanding 4/16/03 Outstanding 4/16/03 Outstanding 4/16/03 Outstanding 4/16/03 Outstanding 4/16/03 Outstanding 4/16/03 Outstanding 4/16/03 Outstanding 4/16A)3 Outstanding 4/16/03 Outstanding 4/16/03 Outstanding 4/16/03 Outstanding 4/16/03 Outstanding 4/16A)3 Outstanding 4/16/03 Outstanding 4/16/03 Outstanding 4/16/03 Outstanding 4/16/03 Outstanding 4/16/03 Outstanding 4/16A)3 Outstanding 4/16/03 Outstanding 4/16/03 Outstanding 4/16/03 Outstanding 4/16/03 Outstanding 4/16/03 Outstanding 4/16/03 Outstanding 4/16/03 Outstanding 4/16/03 Outstanding 4/16/03 Outstanding 4/16/03 Outstanding 4/16A)3 Outstanding 4/16/03 Outstanding 4/16/03 Outstanding 4/16/03 Outstanding 4/16/03 Outstanding 4/16/03 Outstanding 4/16/03 Outstanding 4/16/03 Outstanding 4/16/03 Outstanding 4/16/03 Outstanding 4/16/03 Outstanding 4/16/03 Outstanding 4/16/03 Outstanding 4/16/03 Outstanding 4/16/03 Outstanding 4/16/03 Outstanding 4/16/03 Outstanding 4/16/03 Outstanding 4/16A)3 Outstanding 4/16A)3 Outstanding 4/16/03 Outstanding 4/16/03 Outstanding 4/16^3 Outstanding 4/1 6/93 Outstanding L f i CITY OF ORONO Check Detail Register® 04/16/03 7:32 AM Page 1 :>APRIL 2003 Check Amt Invoice Comment 10100 PfImefyCeeh Paid Chk# 075787 4/16/03 CITY COUNTY CREDIT UNION G 101-21711Credit Union $10,685.00 SAVINGS W/H S TRANSFERRED Tout CITY COUNTY CREDIT UNION S10.M5.00 Paid Chk# 075788 4n6X)3 FIRST NATIONAL BANK OF LAKES G 101-21701Federal Withholding $9,74239 FEDERAL W/H G 101-21703 FICA Tax WithhoWirg $4,61253 FICA S MEDICARE W/H G 101-21703 FICA Tax Withholding $4,612.53 FICA & MEDCR CITY SHARE ToUl FIRST NATIONAL BANK OF LAKES $18,967.45 G 101-21705 Other Retirement Tout ICMA RETIREMENT TRUST-4St $300.00 $300.00 Paid Chk# 075790 4/16A)3 LAW ENFORCMENT LABOR SERVICE G 101-21707 Union Dues $583.16 Total LAW ENFORCMENT LABOR SERVICE $583.16 Paid Chk# 075791 4/16/03 MN DEPT OP REVENUE G 101-21702 State Withholding $3,938.2! Total MN DEPT OF REVENUE $3,93621 $2,789 68 Paid Chk# 075792 4/l6A)3 ORCHARD TRUST CO. TRU8TEE/CUST G 101-21705 Other Retirement $2,789.68 Total ORCHARD TRUST CO. TRUSTEE/CUST Paid Chk# 075793 4/16/03 PEBSCO/OBRA G 101-21705 Other Retirement ToUl PEBSCO/OBRA $5358 $53 58 Paid Chk# 075794 4/16/03 PEBSCOAJS CONF OF MAYORS G 101-21705 Other Retirement $2,289 00 Total PEBSCO/US CONF OF MAYORS $2.289 00 Paid Chk# 075795 4/16/03 PUBUC EMPLOYEES RETIREMENT G 101-21704 PERA $6.740 09 G 101-21704 PERA $5,258 68 ToUl PUBLIC EMPLOYEES RETIREMENT Paid Chk# 075796 4/T6/03 UNITED WAY G 101-21708 United Way $11,99877 Tout UNITED WAY Paid Chk# 075797 4/16/03 WISCONSIN SCTF G 101-21712 Other Deductions Total WISCONSIN SCTF $65 00 $65.00 $184 62 $18462 10100 Primary Cash $51.854 47 Fund Summary 101 GENERAL FUND 10100 PrimaryCash $51.854 47 $51.85447 DEFERRED COMP UNION DUES STATE TAX W/H MN STATE RETIREMENT OBRA DEFERRED COMP USCM • ENTITY 2339 PERA CITY SHARE PERA EMPLOYEE W/H CHARITY DONATIONS JOHNSON » 0002756898 CITY OF ORONO 04/25A)3 11:38 AM Page 1 *Check Detail Register© APRIL 2003 Check Amt Invoice Comment 10100 Primary Cash Paid Chk« 075735 4/2B/2003 MINNEAPOLIS OXYGEN COMPANY G 101-19999 Suspense Account ($992.37) 4/14/03 Void Check 75735 Total MINNEAPOLIS OXYGEN COMPANY ($992.37) Paid Chki 075772 4/14/2003 UNITED ELECTRIC E 101-43000-437 Training & Development ($116.00) 640241 Void Check 875772 Tout UNITED ELECTRIC ($116 00) Paid Chk« 075786 4/14/2003 LMCIT-BERKLEY ADMIN E 703-49960-151 Worker's Comp Insurance Prem $32,721.00 1078 Workers Comp Ins E 703-49960-361 General Liability Ins $19,789.25 12260 Comp Munic Cov Pymnt i1 E 613-49830-369 Dram Shop Insurance $563 00 12261 Dram Shop Ins E 703-49960-362 Umbrella Liability Ins $18,97600 12262 Excess Liability Ins E 703-49960-361 General Liability Ins $71300 12263 Open Meeting Law Ins E 703-49960-361 General Liability Ins $19,78925 12295 Comp Mucic Cov - Pymnt #2 E 703-49960-361 General Liability Ins $257.00 12363 Petro Fund Ins Totel LMCIT-BERKLEY ADMIN $92,808.50 Paid Chk# 075798 4/16/2003 HINSHAW & CULBERTSON E 101-43280-307 Legal-Consulting $4.550 44 10287860 Applications Jan 2003 E 101-41600-307 Legal-Consulting $780.00 10287862 Orono Plaza Condemnation E 101-41600-307 Legal-Consulting $682.00 10287862 Prof Prop of Orono E 101-41600*307 Legal-Consulting $260.00 10287862 MCWD Powers/Covenants E 101-41600-307 Legal-Consulting $65.22 10287862 Big Island Lot Line Rearrange E 101-41600-307 Legal-Consulting $708 00 10287862 LUOR Fire E 101-41600-307 Legal-Consulting $156 00 10287862 McNally Disability E 101-41600-3^5 Legal-Retainer $1,300 00 10287864 Council Mtgs Jan 2003 E 101-41600-307 Legal-Consulting $65.00 10287865 LL/OR Fire Station E 101-41600-307 Legal-Consulting $38 00 10293091 General Legal E 101-41600-307 Legal-Consulting $352.08 10293091 Dahtstrom E 101-41600-307 Legal-Consulting $577 54 10293091 Prof Prop of Orono E 101-41600-307 Legal-Consulting $950 58 10293091 Wireless Comm Towers E 101-41600-305 Legal-Retainer $1,300 00 10293092 Counol Mtgs Feb 2003 Total HINSHAW & CULBERTSON $11.784 86 Paid Chk# 075799 4/16/2003 BONESTROO ROSENE ft ASSOC. E 101-43170-304 Engineering-Consulting $304.50 96496 Convert Contours E 101-43280-304 Engineering-Consulting $3,887.71 96496 Applic Feb E 651-49910-304 Engineering-Consulting $3,13982 96496 Final SWMP - Public/Distrib E 101-43170-304 Engineering-Consulting $140 00 96496 Aerial Photos CB Docks E 101-43170-303 Engineering-Retainer $100 00 96496 Council Mtgs Feb 2003 E 101-43170-304 Engineering-Consulting $192 00 96497 Annual Bridge Insp E 402-48030-304 Engineering-Consulting $1,079 37 96498 Co Rd 19 Sidevifalk E 225-45215-304 Engineering-Consulting $177 48 96499 Hackberry Pk Imp Close-Out E 406-48735-304 Engineering-Consulting $55200 96500 North Arm Lane Paving E 402-48036-304 Engineering-Consulting $704 46 96501 W1U0W/THI2 Left Arrow E 651-49910-304 Engineering-Consulting $1 028 00 96502 Stubbs Bay Rd Erosion Imp G 602-16500 Fixed Asset Const, in progress S5^83 a:5 96503 NLL Swr Ext • John Makay G 602-16500 Fixed Asset-Const in progress $*..3- >-)96504 Old LL Rd Sewer Extension E 101-43170-304 Engineering-Consulting $688.00 96505 review City Hall Site Survey G 602-16500 Fixed Asset-Const in progress $3,461 65 96506 CR15 Forcemain Imp - Spates E 425-48945-304 Engineer ng-Consulting $1.407 00 96507 Nav Fire Wetland Permits G 602-16500 Fixed Asset-Const, in progress $1,501.00 96508 Heritage Or Swr Addn E 406^8736-304 Engineering-Consulting $2,364.48 96509 Femdaie Rd Bridge Replace 1 CITY OF ORONO 04/25/03 11:38 AM Page 2 *Check Detail Register® APRIL 2003 Check Amt Invoice Comment ToUl B0NE8TR00R0SENE&A880C.$26,891 25 Paid Chk« 075800 4/16/2003 QWE8T E 613-49830-321 Telephone $32.37 9524739904 Phone - Golf Course Total QWE8T $32.37 Paid Chk# 075801 4/16/2003 UNITED 8TATE8 POSTAL 8ERVICE E 101-41900-322 Postage $541.23 041603 Total UNITED 8TATE8 P08TAL 8ERVICE newsletters 4/03 $541 23 Paid Chk# 075802 4/22/2003 CITY OF ORONO PETTY CASH E 101-42110-221 E 101-42110-201 E 101-42110-221 E 101-42110-322 E 101-42110-441 E 101-42110-322 E 101-42110-489 Tout Equipment Parts & Accessories Office supplies Equipment Parts & Accessories Postage Licenses & Taxes Postage Other Miscellaneous Charges CITY OF ORONO PETTY CASH $1.79 $4.45 $482 $17.83 $18 00 $34 42 $11.50 042803 042803 042803 042803 042803 042803 042803 Window Wash Keys Kennel Supplies Postage license Plates Certified Mail Petty Cash Shortage $9281 Paid Chk# 075803 4/28/2003 ANCHOR PAPER E 101-41900-201 Office supplies ToUl ANCHOR PAPER $489 90 144794101 Copy Paper $48990 Paid Chk# 075804 4/28/2003 ANDERSON, KRISTI E 101-41300-319 Other Professional Services E 101-42400-319 Other Professional Services Total ANDERSON. KRISTI $165 00 $430 00 4/23/03 4/23/03 Board of Review 4/23/03 Planning Min 4/21/03 $595 00 Paid Chk# 075805 4/28/2003 ANDOVER. CITY OF E 101-41300-437 Training & Development E 101-42400-437 Training & Development E 101-42400-437 Training & Development E 101-41500-437 Training & Development Total ANDOVER. CITY OF $30 00 $30 00 $30 00 $30 00 $120 00 Muniaapals Spring Banquet Municiapals Spring Banquet Municiapals Spring Banquet Municiapals Spring Banquet Paid Chk# 0^5306 4/28/2003 AT S T WIRELESS SERVICES E 601-49400-321 Telephone $13 88 E 602-49450-321 Telephone E 101-41900-321 Telephone Total AT & T WIRELESS SERVICES $1388 $23 13 $50 89 3419397 3419397 3419397 Cell Phones Cell Phones Cell Phones Paid Chk# 075807 4/28/2003 AUGIES MOBILE CHEF E 613-49900 093 Concessions For Resale-Txbl Total AUGIES MOBILE CHEF $70 56 $7056 13897 Hot Dogs. Cheesburger Paid Chk# 075308 4/28/2003 BUDGET PRINTING E 101-41900-201 Office supplies Total BUDGET PRINTING $178 92 $17892 25823 Plaques Paid Chk# 075809 4/28/2003 CEAM E 101-43000-437 Training & Development Total CEAM $^00 $50 00 Gappa 2003 CEAM Membership-Gappa Paid Chk# 075810 4/28/2003 CENTERPOINT ENERGY E 613-49830-381 Gas & Electnc $155 63 539004161700 Gas Sen * CITY OF ORONO *Check Detail Register® 04/25A)3 11:38 AM Pages APRIL 2003 Check Amt Invoice Comment ToUl CENTERPOINT ENERGY $155 63 Paid Chki 075611 4/28/2003 DAY DI8TRIBUTINO CO. E 613-49900-091 Beer For Resale E 613-49900-093 Concessions For Resale-Txbl ToUl DAY DISTRIBUTING CO. $48 80 214754 $54 40 214754 Beer for Resale Snacks for Resale $103.20 PaidChk# 075812 4/28/2003 DCA-WIRE ONLY G 101-21719 DCA/Spending Accounts G 101-21719 DCA/Spending Accounts Total DCA-WIRE ONLY $860 00 4/15A)3 $426.41 4/24/03 $1,286.41 Flex Spending - 4/15/03 Flex Spending 4/24/03 Paid Chk« 075813 4/28/2003 DELTA DENTAL G 101-15998 Non-Employee Health Ins G 101-21709 Dental Insurance Total DELTA DENTAL ($163 50) 3459452 $1,402.30 3459452 $1.238 80 Dental Insurance 5/03 Dental Insurance 5/03 Paid Chk# 075814 4/28/2003 DEPT OF ADM - INTERTECH GROUP E 101-42110-321 Telephone $37.00 DV03020318 PVC Circuit 3/2003 E101-42110-321 Telephone $40.11 W0213 J604 Telephone Service E 101-41900-321 Telephone $93 57 W02130604 Telephone Service ToUl DEPT OF AOM-INTERTECH GROUP $17068 Paid Chk« 075815 4/28/2003 EAST SIDE BEVERAGE E 613-49900-091 Beer For Resale ToUl EAST SIDE BEVERAGE $1^00 384115 $136.00' Beer for Resale Paid Chk# 075816 4/28/2003 EGAN-MCKAY ELECTRICAL CONTRCTR E 101-43000-406 Contracted Street Maint $1,582.00 JC3009628 E 101-43000-408 Contracted Street Maint Tout EGAN-MCKAY ELECTRICAL CONTRCTR $227.50 JC3009829 $i.809 50 Light Repairs Signal Repair - Hwy 12/Willow PaidChk# 075817 4/28/2003 ELECTRIC PUMP E 602-49450-406 Repairs/Maint-Swr linec/lifts ToUl ELECTRIC PUMP $191^53 231232 $191.53~ Check Pump PaidChk# 075818 4/28/2003 FARNIOK, CORREY E 101-42110-437 Training & Development $5 82 4/4/03 Meals • Training ToUl FARNIOK, CORREY . $5 82 Paid Chk# 075819 4/28/2003 FORTIS BENEFITS G 101-21712 Other Deductions $880 2^ 4C19825-1 LTD 5/2003 ToUl FORTIS BENEFITS $88027 Paid Chk# 075820 4/28/2003 G & K SERVICES E 101 -42110-404 Repairs/Maint-Bldgs/Grounds $131 95 550299 Mat Service • PO E 101-41900-404 Repairs/Maint-Bldgs/Grounds $52 79 550300 Mat Service • City Hall E 101-41900-404 Repairs/Maint-Bldgs/Grounds $52 79 550301 Mat Service • CC ToUl GSKSERVICES $237.53 Paid Chk# 075821 4/28/2003 GOPHER CASH REGISTER CO E 613-49830-240 Small Tools and Minor Equip $531 44 23254 Cash Register ToUl GOPHER CASH REGISTER CO $531 44 ^ l^akl ChW 075822 4/28/2003 GOPHER STATE ONE.CALL E 602-49450-489 Other Miscellaneous Charges $8.52 3030610 Locates 3/2003 E 601 -49400-489 Other Miscellaneous Charges $8 53 3030610 Locates 3/2003 CITY OF ORONO *Check Detail Register® 04/25A)3 11:38 AM Page 4 APRIL 2003 Check Amt Invoice Comment Total GOPHER STATE ONE-CALL $1705 Pa d ChkO 075823 4/28/2003 GOVERNMENT TRAINING SERVICE E 101-41300-437 Training & Development $199 00 Moorse MCMA/MACA Conf - Moorse ToUl GOVERNMENT TRAINING SERVICE $199 00 PaidChktf 075824 4/28/2003 HAWKINS CHEMICAL E 601-49400-216 Chemicals and Chem Products Total HAWKINS CHEMICAL $1.359.42 514305 $1.359 42 Water Plant Chemicals Paid Chk« 075825 4/28/2003 HENNEPIN COUNTY INFOR TECH DPT E 101-41900-329 Other Communications $99 29 23037181 Total HENNEPIN COUNTY INFOR TECH DPT Database Access $99 29 Paid Chk# 075826 4/28/2003 E 406-48735-352 Printing & Publishing ToUl HENNEPIN COUNTY TR-TAX PYR SRV HENNEPIN COUNTY TR-TAX PYR SRV $2500 2/25/03 North Arm Lane $2500 Paid Chk# 075827 4/28/2003 HENNEPIN COUNTY TREASURER^AIL E 101-41600-309 Jail Charges $117 00 1013 Tout HENNEPIN COUNTY TREASURER-JAIL Rm and Board 3/2003 $11700 Paid Chki 075828 4/28/2003 IIMC E 101-41300-433 Memberships & Subscriptions E 101 -41300-433 Memberships & Subscriptions ToUl IIMC $6500 $95.0 0 $'l60 00~ Dodge Vee 2003 IIMC Membership 2003 IIMC Membership Paid ChK« 075829 4/28/2003 IKON OFFICE SOLUTIONS E 101-41900-401 Repairs/Maint-Offtce Equip ToUl IKON OFFICE SOLUTIONS $439 09 23690176 Maint Cont NP6330 3/31/03-04 $43909 Paid Chk# 075830 4/28/2003 INTER-TEL TECHNOLIGIES E 101-41900-401 Repairs/Maint-Offtce Equip E 101-42110-401 Repairs/Maint-Office Equip E 101-41900-401 Repairs/Maint-Office Equip Total INTER-TEL TECHNOLIGIES $130 00 $130 00 $95.00 1042631 1042631 1056578 Install Phone Software Install Phone Software Move Extensns/Modem $355 00 PaKl Chk# 075831 4/28/2003 J H LARSON COMPANY E 101-41900-223 Bldg/Grounds Maint Supplies . $126 31 4335492-01 Lite Bulbs Tout J H LARSON COMPANY $126 31 Paid ChkS 075832 4/28/2003 KEEPERS E 101-42110-226 Clothing & personal equipment $16367 10347 Uniform Parts - J Johnson Tout KEEPERS $163 67 Paid Chk# 075833 4/20/2003 KENNETH N. POTTS. PA E 101-41600-306 Legal-Prosecution $2.3^.66 3/2003 Prosecutions - 3/2003 ToUl KENNETH N. POTTS. PA $2,391 66 Paid Chk# 075834 4/28/2003 KUSTOM SIGNALS INC E 101 -42110-221 Equipment Parts & Accessories $3513 156559 Radar Cable Tout KUSTOM SIGNALS INC $3513 Paid Chk# 075835 4/28/2003 LAKE BUSINESS SUPPLY E 101-42110-201 Office supplies $1330 73123 Expanding File Tout LAKE BUSINESS SUPPLY $13 30 {■ CITY OF ORONO 04/25/03 11:38 AM Page 5 1 *Check Detail RegistertS) APRIL 2003 Check Amt Invoice Comment Paid Chk# 075836 4/28/2003 LAKE MTKA CONSERVATION DIST. E 101-4111CM33 Memberships & Subscriptions $10.37614 3/10/2003 2nd Otr 2003 LMCD Levy Total LAKE MTKA CONSERVATION DIST. $10,376.14 Paid Chk# 075837 4/28/2003 LEAGUE OF MN CITIES E 101-41900-201 Office supplies Total LEAGUE OF MN CITIES $335 05 Directory $335.05 2003 Directory of Officials I *aid Chk# 075838 4/28/2003 LEHNE*8 TIRE SERVICE E 101-43270-442 Spring.Fall.X-mas Cleanup Total LEHNE'S TIRE SERVICE W33 00 11868 $23300 Scrap Tires - Disposal Paid C^K# 075839 4/28/2003 LITTLE FALLS MACHINE. INC E 101-43000-221 Equipment Parts & Accessories $86 41 29945 Total LITTLE FALLS MACHINE. INC $86 41 Plow Parts Paid Chk# 075840 4/28/2003 LONG LAKE POWER EQUIPMENT E 101-43000-221 Equipment Parts & Accessories $64.51 44349 E 101 -43000-221 Equipment Parts & Accessories Total LONG LAK E POWER EQUIPMENT $15.93 44350 Housing Chain • Pole Saw $80.44 Paid Chk# 075841 4/28/2003 MACQUEEN EQUIPMENT E 101-43000-221 Equipment Parts & Accessories E 101-43000-221 Equipment Parts & Accessories E 101-43000-221 Equipment Parts & Accessories Total MACQUEEN EQUIPMENT $25 19 2032977 $227.27 2033044 ($14.43) 4225 Door Latch - Sweeper Sweeper Parts Credit on Account $238.03 Paid Chk# 075842 4/26/2003 MAGIC CLEANERS E 101-42110-221 Equipment Parts & Accessories Total MAGIC CLEANERS $3^4 18091 $W24 Blanket Cleaning Paid Chk# C75843 4/26/2003 MEDICA E 101-42110-135 City Benefit Contribution G 101-15998 Non-Employee Health Ins G 101 -21706 Hospitalization/Medical Ins G 101 -21706 Hospitalization/Medicat Ins G 101 -15998 Non-Employee Heakh Ins G 101-21706 Hospitalization/Medical Ins G 101-15998 Non-Employee Health Ins Tout MEDICA $329 83 $1,364.09 $9601.57 $2,191 74 $643 47 $8.507 46 ($1.93041) $20,707 75 103121110255 Thompton 5/03 103121110255 Medica High 5/03 103121110255 Medica High 5A)3 103121122585 Medica Low 5A)3 103121125488 Medica Elect 5A)3 103121125488 Medica Eiect 5/03 103121125488 McNally Credit PaidChka 07 344 4/28/2003 MET COUNCIL ENVIRONMENTAL SVCS E 602-49450-383 MW'CC-Current Charges $27,954 33 754050 Wastewater May 2003 Total MET COUNCIL ENVIRONMENTAL SVCS $27,954 33 Paid Chk# 075845 4/28/2003 MIDWEST GUTTER AND SIDING. INC E 613-49830-404 Repairs/Maint-Bldgs/Grounds $646 00 3/31/03 Total MIDWEST GUTTER AND SIDING. INC $646 00 Gutters - GC Paid Chk# 075846 4/28/2003 MINNEAPOLIS OXYGEN COMPANY G 101-19999 Suspense Account $^2 37 4/28/03 Total MINNEAPOLIS OXYGEN COMPANY $992 37 Replace Check 75735 Paid Chk# 075817 4/28/2003 MINNESOTA UC FUND E 613-49830-489 Other Miscellaneous Charges ToUl MINNESOTA UC FUND $51 37 388625358 Unemployment - R Jensen $51.37 CITY OF ORONO *Check Detail Register® 04/25A)3 11:38 AM Pages ! APRIL 2003 Chtcli Amt Invoice Comment Paid Chk# 075848 IS80003 MN DEPT OF HEALTH-CON FEE G 601-20802 Due to govts-State $1,144 00 1270041 Total MN DEPT OF HEALTH-CON FEE $1.144.o6 Connection Fee I/I/OS-IOI/OS Paid Chk# 075849 4/28/2003 MN DEPT OF REVENUE R 601 >39610 Miscellaneous Revenue R 101-34650 Police Reports R 101-34210 General laxable Sales/Service Total MN DEPT OF REVENUE $29 00 $6 00 $8 00 $4300 Sts Tx 3/2003 Sis Tx 3/2003 Sis Tx 3/2003 sales Tax 3/2003 sates Tax 3/2003 sates Tax 3/2003 Paid Chk# 0758S0 4080003 MOBILE RADIO ENGINEERING INC. E 101-43000-403 RepairsA4aint-Misc Equip $84.90 113047 Antenna Repair #426 ToUl MOBILE RADIO ENGINEERING INC.$84 90 Paid Chk# 07S8S1 4080003 NATIONAL AUTOMATIC SPRINKLER E 101-41900-404 Repairs/Maint-Bldgs/Grounds $154 00 11004 Sprinkler Inspection E 101 -42110-404 RepairsAtaint-Bldgs/Grounds $126 00 11004 Sprinkler Inspection Total NATIONAL AUTOMATIC SPRINKLER $280 00 Paid Chk# 075852 4/280003 NCPERS GROUP UFE INS G 101-21710 Life Insurance $288 00 6732503 PERA Life - 5/2003 Tout NCPERS GROUP LIFE INS $288 00 Paid Chk# 075853 4/280003 OBRIEN, RANDY E 101-43000-226 Clothing & personal equipment $100 00 4/17/03 Work Boots Tout OBRIEN. RANDY $100 00 Paid Chk# 075854 4/28/2003 OLD DUTCH FOODS INC. E 613-49900-093 Concessions For Resale-Txbl $2520 6000255 Snacks for Resale Total OLD DUTCH FOODS INC.$2520 Paid Chk# 075855 4/28/2003 ORONO COMMUNITY EDUCATION G 101-20200 Accounts Payable $2,004 96 2002 2002 Summer Program Total ORONO COMMUNITY EDUCATION $2,004 96 Paid Chk# 075856 4/28/2C03 PERSELL, WILLIAM E 101-42110-437 Training & Development $^61 4/3/03 Meals - Training ToUl PERSELL, WILLIAM $5 61 Paid Chk# 075857 4/28/2003 PIONEER E 101-42400-340 General Advertising $87 56 529 Applications E 406-48735-352 Printing & Publishing $87 56 530 North Arm Paving ToUl PIONEER $175 12 Paid Chk# 075858 4/28/2003 QWEST E 601-49400-321 Telephone $103 00 612E440016 Phone Line Tout QWEST $103 00 Paid Chk# 075659 4/28/2003 REED VENDING E 613-49900 093 Concessions For Resale-Txbl $85754657 Snacks fcr Resale ToUl REED VENDING $8575 Paid Chk# 075860 4/28/2003 SEARS E 613-49830-240 Small Toots and Minor Equip $354 56 5528427 Tool Box. Tools ToUl SEARS $354 56 4/280003 8TEFFENHAOEN. RON CITY OF ORONO Check Detail Register® 04/25/03 11:38 AM Page 7 APRIL 2003 E 613-49830-201 Office supplies Tout STEFFENHAOEN, RON Check^t $2448 In^ce Comment 4/23/03 Tournament Book $24.48 Paid Chk« 075862 4/28/2003 STS CONSULTANTS LTD. E 425-48945-304 Engineering-Consulting E 101-41900-404 Repairs/Maint-Bldgs/Grounds E 101-42110-404 Repairs/Maint-Bldgs/Grounds Total STS CONSULTANTS LTD. $1.395 00 $686.12 $56138 242506 242615 242615 Nav Fire Station Air Quality Testing Air Quality Testing Paid Chk^ 075863 4/28/2003 SUBURBAN RATE AUTHORITY E 101 -41110-433 Memberships & Subscriptions $300.00 ToUl SUBURBAN RATE AUTHORITY 1st Half - 2003 Assessment $300 00 Paid Chk# 075864 4/28/2003 THORPE DIST CO. E 613-49900-091 Beer For Resale ToUl THORPE DIST CO. $103 35 293586 Beer for Resale $103.35 Paid Chk# 075865 4/28/2003 THREADS E 613-49900-095 Pro Shop Items For Resale ToUl THREADS $764.99 $764.09 OPG-040103 Shirts for Resale Paid Chk# 075866 4/28/2003 TOLL GAS A WELDING SUPPLY E 101-43000-415 Other Equipment Rentals $6 05 415953 Cylinder Rental ToUl TOLL GAS A WELDING SUPPLY $6 05 Paid Chk# 075867 4/28/2003 TWIN CITY GARAGE DOOR CO. E 601-49400-404 Repairs/Mamt-Bldgs/Grounds E 602-49450-404 Repairs/Mamt-Bldgs/Grounds E 101-41900-404 Repairs/Maint-Bldgs/Grounds E 101 -43000-404 Repairs/Maint-Bldgs/Grounds Total TWIN CITY GARAGE DOOR CO. $64 93 $19479 $38952 $1438 $663.62 164489 164489 164489 164489 Spring - PW Garage Door Spring - PW Garage Door Spring - PW Garage Door Hinge Paid Chk# 075E68 4/28/2003 UNITED RENTALS E 101-43000*437 Training & Development Tout UNITED RENTALS $116 00 $116 00 640241 Work Zone Traffic Control Paid Chk# 075869 4/28/2003 UNIVERSITY OF LOUISVILLE E 101-42110-437 Training & Development $575 00 Tout UNIVERSITY OF LOUISVILLE . $575 00 56-07 Mgmt of Small LE Ag-Famiok Paid Cnk# 075870 4/28/2003 VEE, LIN E 101-41300-331 Travel Expenses E 101-43270-221 Equipment Parts & Accessories E 101-41300-437 Training & Development ToUl VEE. LIN $242 $4 79 $261 96 $269 17 4/18A)3 4/18/03 4/18A)3 Mileage Meeting Supplies Training Reimbursements PardChk# 075871 4/28/2003 VILLAGE CHEVROLET E 101-43000-221 Equipment Parts & Accessories ToUl VILLAGE CHEVROLET $S35 $8 35 412127 Nozzle Paid Chk# 075872 4/28/2003 VOGT HEATING A AIR E 101 -42110-404 Repairs/Maint-Bldgs/Grounds ToUl VOGT HEATING A AIR $32600 $37A~6b' 8370 Replace ThermosUts -PD Paid Chk# 075873 4/28/2003 VWR INTERNATIONAL E 101-42110-221 Equipment Parts A Accessories $119.03 14460024 Specimen Bottles t! CITY OF ORONO *Check Detail Register® 04/25/03 11:33 AM Pages APRIL 2003 Total VWR INTERNATIONAL Invoice Comment $119.03 Paid Chk# 075874 4/28/2003 WIOMERINC E 601-49400-405 Repairs/Maint-Watemiains/plant Total WIDMERINC $1,635.00 6006 Main Break - Pheasant Rd $1,635.00 rad Chk# 076875 4/28/2003 \NINTERNHEtMER, ALIS8A E 101-41300-319 Other Professional Services ToUl WINTERNHEIMER, AUSSA $140.00 41 Council Minutes 4/14 $140.00 >aid Chki 07^^6 4/28^3 WRIOHT HENNEPIN ELECTRIC E 602-49450-381 Oat & Electric k. 6 06 3113009200 E 101-43000-381 Gas & Electric $28 50 3113009200 Total WRIOHT HENNEPIN ELECTRIC Electrical Service Electrical Service $54.56 Paid Chwr 075877 4/28/2003 XCEL ENERGY E 101-43000-381 Gas 8 Electric E 602-49450-381 Gas 8 Electric E 601-49400-381 Gas 8 Electric E 101-41900-381 Gas 8 Electric E 101-42110-381 Gas 8 Electric E 101-43000-381 Gas 8 Electric Total XCEL ENERGY $12801 $8581 $540.34 $1,256.82 $530.80 $137.75 144950072611 Hwy12/Willow Allocation Electrical Service Electrical Service Electrical Service Electrical Service Elec^l Service Allocation Allocation Allocation Allocation $2,679.53 10100 Primary Cash $223.751.61 Fund Summary 101 GENERAL FUND 225 PARK FUND 402 MUNICIPAL S1 AID ST CONSTUCT 406 PERMANENT IMPROVEMENT REVOLVE 425 NAVARRE FIRE STATION PROJ FUND 601 WATER OPERATING FUND 602 SEWER OPERATING FUND 613 GOLF COURSE 651 STORM WATER UTILITY OP FUND 703 INSURANCE FUND 10100 Primary Cash $69.399 49 $177.48 $1,783.83 $3,029.04 $2,802.00 K898.10 $41,601.35 $3,647.00 $4,167.82 $92,245.50 $223,751.61 infobmation ITEMS COUNCIL MEETE'JG •• ,, , APR 2 6 2003 CITY OH ORONO OF ^ %