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06-23-2003 Council Packet
I rr»i...... JUN 2 3 2003 cut Of UHONO AGENDA FOR COUNCIL MEETING SET FOR MONDAY, JUNE 23,2003,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA (*) Asterisk items are considered to be routine items to be enacted upon '.*y one motion by the City Council under the Consent Item* on the agenda. Memos regarding each of the Agenda items are available in the Public Packet - located on the counter near the sign in sheet. ROLL CALL CONSENT AGENDA 1. Approve/Amend APPROVAL OF MINUTES * 2. Regular Council Meeting of June 9,2003 PARK COMMISSION COMMENTS - Pat Wolfe, Representative PLANNING COMMISSION COMMENTS •> Dave Rahn, Representative LMCD REPORT - Lili McMillan PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT 3. #01-2714 Frederick Puzak, 1340 Baldur Park Road Vanances - Review Conditions of Resolution No. 4720 4. #03-2869 Dr. Robert Gumnit, 1100 Old Crystal Bay Road South - Conditional Use Permit and Variance - Resolution 5. #03-2886 Dennis and Diane Killian, 1300 Spruce Place - Variances * 6. #03-2896 Bruce Boeder on behalf of Franciscus Bastiaens - 665 Femdale Road North - Conditional Use Permit and Variance - Resolution 7. #03-2897 Irfan Altafullah, 2520 Thoroughbred Lane - Conditioiud Use Permit - Resolution 8. #03-2899 Timothy Pellizer, 520 North Arm Drive - Variance - Resolution 9. #03-2900 Wm. Yale Smiley III and Timothy J. Mahoney, 2730 and 2760 Pheasant Road - Rearrangement of Common Property Line - Resolution 10. #03-2901 DenaliCustomHomes, Inc. on^half of Melinda Lee and Thomas DeVeau, 680 Tonkawa Road - Variances - Resolution 11. #03-2908 Ned and Loma Butterfield, 3745 Watertown Road - Variances - Resolution MAYOR/COUNCIL REPORT PUBLIC SERVICE DIRECTOR'S REPORT 12. Update on Fox Street over Long Lake Creek Bridge Replacement Project 13. Request for Payment #2 - Navarre Fire Station Site Improvements Project 14. Request for Payment #1 - North Long Lake East Sewer Project 15. Request for Payment #1 - Heritage Drive Sanitary Sewer Extension Project 16. Office Wall In^rovements 17. Off ^ce Air Ventilation Improvements AGENDA FOR COUNCIL MEETING SET FOR MONDAY, JUNE 23,2003,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA CITY ADMINISTRATOR'S REPORT 18. Pay Request ft4 - Navarre Fire Station 19. Contract for Special Inspection and Testing Services for the Navarre Fire Station 20. Amendment to Resolution No. 4955 Approving the Final Plat of Stonebay - Resolution 21. Declaration of Vacancy in the Office of Council Member - Resolution 22. Appointment of Planners 23. Approval for Safe and Sober Grant Application 24. Cooperative Agreement with Mn/DOT Regarding Reconveyance of Right-of-Way CITY ATTORNEY'S REPORT • 25. LICENSES Kennel Special Event Permit * 26. BILLS UPCOMING ISSUES AND EVENTS 2m 07/04 - HOLIDAY, Observance of Independence Day 07/07 - Park Commission Meeting, 7:15 p.m. 07/09 - Plaiming Commission Work Session, 5:30 p.m. 07/14 - Council Meeting, 7:00 p.m. 07/21 - Planning Commission Meeting, 6:00 p.m. 07/28 - Council Meeting, 7:00 p.m. 08/04 - Park Commission Meeting, 7:15 p.m. 08/09 - Planning Commission Work Session, 5:30 p.m. 08/11 - Council Meeting, 7:00 p.m. 08/18 - Plaiming Commission Meeting, 6:00 p.m. 08/25 - Council Meeting, 7:00 p.m.' f ■ I i s iis Public A ttendance Meeting D ate ^ ' ^3 " 03 0^ Council □ Planning Commission □ Park Commission □ O ther Please FILLOUTTHE INFORMATION REQUESTED ,4 BELOW FOR OUR CITY RECORDS. '*T NAME (please print)ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER \/>za IA O / 3. 4.vtu' Li V 5.fblyif 6:uvu\i-(0^'2.%9 6.Zg>«p 7 Qgki^i6> yacLi A^J i^c?g> «=5(i2odF^. ^cr^^gftCp 8. 9. 10. 11. 12. 13. 14.. 15. tnppafriPfMPPnMte J ORONO CITY COUNCIL MEETING MONDAY, JUNE 9,2003 ROLL The Council met on the above-mentioned date with the following members present: Mayor Barbara Peterson, Council Members Bob Sansevere, Jim Murphy, Jay Nygard and Jim White. Representing staff were City Administrator Ron Muurse, Plaiuiing Director Mike Gaflion, 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. 1. Council Member Interference with the Duties and Supervisory Capacity of the City Administrator Mayor Peterson stated that Orono City Code states that no Council Member shall interfere with staffs ability to perform duties. She read into record Section 2-101, General Supervisory Capacity of the City Administiator, which states: No member of the council shall in any manner interfere with or prevent the city administrator from exercising the administrator's own judgment in the administration of the city'. Except for the purpose of inquiry, no member of the council shall deal with or exercise control over the administration of the city; and no member shall give orders to any department head or employee of the city, either publicly or privately, except through a majority vote of the council. Mayor Peterson stated that an incident occurred on May 2,2003 in which Council Member Nygard had interfered with the City Administrator ’s duties. Council had tried to deal with the matter in a woilc session, but Council Member Nygard had failed to attend meetings or otherwise address the matter. She stated that they hoped to provide Council Member Nygard with the facts of the matter and to allow him to address the matter and to resolve it at the meeting. She apologized for bringing it to a Council meeting. Before she was able to finish, Nygard interrupted her and refused to let her continue. Mayor Peterson asked him to follow due process and allow her to finish, but he would not. Nygard insisted on reading a statement he had prepared, speaking over Mayor Peterson until his statement was finished. *i apologize to the people of Orono that 1 was not able and will not be able to accomplish what they told me were their important issues for Orono now and in the future. I did not join this Council to make enemies or have conflicts w-ith my peers, but to enjoy the learning experience presented me and to contribute my various backgrounds and available time to and for the area in which 1 grew up. I now know how difficult that is to achieve in this City. The largest disappointment I have experienced after two and a half years in our small community is to learn that politics is all about politics and not about improv'ing our community for all. I hereby resign my position as City Council Member to the City of Orono. Thank you.” 1 mm r ORONO CITY COUNCIL MEETING MONDAY, JUNE 9,2003 1. Council Member Interference with the Duties and Supervisory Capacity of the CUy Administrator —Continued Nygard then stood and took the nameplate from his seat on council, refusing to further communicate with Council. Mayor Peterson stated that the nameplate was City property. He responded by suggesting they prosecute him as he exited council chambers. Mayor Peterson apologized for Nygard ’s behavior and read the staff memos from Ron Moorse, Denise Leskinen, and Lin Vee concerning the incident into record. Note: The staff memos are attached to the minutes after the signatiue page. Mayor Peterson asked Attorney Barrett if Council should take action on the matter without Nygar>j present. He stated that Council had heard his statement, although out of order, and it was therefore appropriate to act on the matter. Sanset'ere stated that he was disappointed by Nygard ’s statement that politics are politics in Oronc. The matter at hand did not concern politics, but his failure to take accountability for his act ons. He was also disappointed in his decision to resign. Murphy t*ated he was also dis^pointed. He stated he could not imagine the Council putting their personJ interests over the City ’s. He stated that the recent work session was about Big Island, and that Gabriel Jabbour was in attendance to address that matter. Nygard had left the meeting early, but had he stayed, he would have known that Moorse was going to be in an important meeting the following day and unavailable. Murphy stated that staff work hard and Council has a good relationship with them. He did not want for the irKident to affect the Staff-Council relationship. Sansevere stated that Council had meant to deal with the matter at a work session, but Nygard had failed to attend the meeting based on the agenda presented. As a result, they were forced to address the matter at the Council meeting. White stated that he took exception to Nygard ’s statement that politics are politics in Orono. He stated that Nygard took interest in very few items from the beginning of his term and had failed to attend several work sessions. White stated that none of the Council Members were politicians per se, but people who were trying to do their best for their community. Mayor Peterson stated that she concurred with Council, and also disagreed with Nygard ’s statement regarding politics as usual. She stated she was surprised Nygard had resigned. She was disappointed it took so long to resolve the maner and that they were forced to do it at a regular Council meeting rather than in a work session. Sansevere stated that the situation came to the Coimcil meeting because Nygard had refused to deal with a City matter in the appropriate manner. I ^ Mtm I ORONO CITY COUNCIL MEETING MONDAY, JUNE 9,2003 1. CouHcli Member Interference with the Duties and Supervisory Capacity of the City Administrator —Continued White moved, and Murphy seconded, to accept Jay Nygard ’s resignation from his position as Orono City Council Member. Vote: Ayes 4, Nays 0. CONSENT AGENDA 2. Approve/Amend Items 14,15,16,17,18,19,20,21 and 21a were added to the Consent Agenda. Murphy moved, and White seconded, to approve the consent agenda as amended. Vote: Ayes 4, Nays 0. APPROVAL OF MINUTES *3. Minutes of the Regular Council Meeting of May 27,2003 Murphy moved, and White seconded, to approve the Minutes of the Regular Council Meeting of May 27,2003. Vote: Ayes 4, Nays 0. PARK COMMISSION COMMENTS—ANDREW MCDERMOTT, REPRESENTATIVE McDermott stated that they were planning their park tour for the September meeting. They hoped to hold an extensive, walking tour of the Lurton property. He, White, and Gappa had attended a West Hemicpin trail system meeting. There was good discussion, and they were able to advise the other city representatives of steps Orono had already worked through. There was a push for a County Road 19 trail that would start in St. Michael and go through Loretto, Medina, Maple Plain, and could possibly link to the Dakota Rail and run west. The cities plan to get together in the fall to apply for grants. Mayor Peterson stated that Paul Pesek and Rick Rice would be welcomed to the Parks Commission as new members. She thanked McDermott for everything the Parks Commission does. diattaidfeaiiyHIlf m ORONO CITY COUNCIL MEETING MONDAY, JUNE 9,2003 PLANNING COMMISSION COMMENTS—DAVID RAHN, REPRESENTATIVE None. PUBLIC COMMENTS Peter Hill of 585 Brown Road South stated that he was concerned about the Fox Street bridge being replaced without modification. It was being removed to flx a gas line leak. The bridge is narrow, and is a popular fishing spot for kids. Also, there is not enough clearance for a canoe to pass underneath it. He also did not feel it was adequate to hold large trucks. He had photos to show Council. Gappa stated that the bridge width typically matches the road width. They could consider if they want people Ashing ofT the bridge, since that was a concern. Hill stated that the bridge had many layers of asphalt over the top, accumulated over years of resurfacing. Also, new I-beams would not be as big as the current beams, so the clearance matter could be fixed without changing the road level. Gappa stated that staff would meet with Mn/DOT on June 26*, so Council should discuss the bridge at the meeting on .tunc 23"*. Road width would have to be determined before the Mn/DOT meeting. 4. David Gardella Request for Assistance Regarding Mn/DOT Right-of-Way Taking Item 4 appears after Item 6. ZONING ADMINISTRATOR’S REPORT *5. #02-2843 Professional Properties of Orono, 2745 Kelley Parkway—^Rezoning- Ordinance No. 228,2"'* Series Murphy moved, and White seconded, to approve Ordinance No. 228,2*^ Series, amending the Municipal Code of Orono and amending the official zoning map by rezoning properties at 2745 and 2765 Kelley Parkway from RR-IB Single Family Rural Residential District to B-6 Highway Commercial District and adding Section 10.53 Subdivision 10 regarding planned unit development No. 3. Vote: Ayes 4, Nays 0. ilitfliiihir iiniitiiiiiinihfUnMii' ORONO CITY COUNCIL MEETING MONDAY, JUNE 9,2003 6. M>3*2885 Gerda and Ed Toth, 1280/1290 Spruce Place—Variances—Resolution No. 4991 Gaflron stated that the applicant requested the following variances to pennit construction of a new residence on a combined lot property: 1. lot area of 18,553 s.f. (0.43 acres) where 43,560 s.f. (1 acre) is required; 2. a lot width of 99’ at the OHWL and the 75’ setback from the OHWL where 140’ is required; 3. 111 s.f. (1.47%) hardcover within the 0-75’ lakeshore setback zone where none is permitted; 4. 3,303 s.f. (30%) hardcover within the 75-250’ lakeshore setback zone where 2,753 s.f. (25%) is permitted; 5. grading and filling within 75’ of the OHWL of Lake Minnetonka where no grading nor filling is permitted. The iqiplication was tabled at the April 21,2003 Planning Commission meeting to allow the applicants to reduce hardcover in the 75-250’ setback zone and structural coverage on the lot. At the May 19,2003 meeting, the Planning Commission recommended approval of the variances for lot area, lot width, hardcover only in the 0-75’ setback zone, and grading and filling within 75’ of the OHWL of Lake Minnetonka, and denial of the variance for hardcover in the 75-250 setback zone. The Planning Commission agreed that no suitable hardship could be identified to support a variance for excessive hardcover in the 75-250’ setback zone for new construction. Sansevere stated that he agreed with the Plmning Commission recommendation and was only concerned with the request for a hardcover variance in the 75-250' setback zone. Peter MacDonald, the Toth ’s builder, gave a presentation. He stated that the lot adjacent to the Toth ’s two combined lots was given a variance in 2000 allowing 46% hardcover, and asked why that was. Gaffron stated that he did not participate in that application, but that the lot was 50’ wide, so it was impossible to build a house within the requirements. MacDonald asked if the 50’ width of the lot created the hardship. Gaffron stated that it did in that instance, but that there is an undefined cut off point at which lot width no longer justifies a hardship. MacDonald stated the Toth ’s were combining two 50’ wide lots in a 1 acre zone. He stated that the zone was created with a I acre ideal size lot in mind, and as the lot size moves away from 1 acre, the hardship increases. He stated that the Planning Commission and Council ’s discretion had been overwhelmed by the rule of 25% hardcover. He stated that 50’ wide parcels are not adequate for water percolation. MacDonald stated that most of the house the Toth ’s were removing was in the 0-75’ setback zone and the overall hardcover was near 45%. Even with the purchase of the i ORONO CITY COUNCIL MEETING MONDAY, JUNE 9,2003 Ik M03-288S Cerda and Ed Toth 1280/1290 Spruce Place— Variances—Resolution No. 4991—Contimtitf adjacent lot, giving them a 100’ width, they were far from the I acre lot size ideal. He stated that the Toth’s had already compromised greatly on the design of their house to reduce hardcover, incorporating a tuck-under garage and moving their bedroom from the main floor to the second. At the April Planning Commission meeting, they were told to reduce hardcover to 25-30%, which they did in good faith, expecting their plan at 30% hardcover to be approved. Sansevere stated he still did not feel there was a hardship. MacDonald replied it was in the lot size. Gaflron stated that a large lot can take a large house, small lot-small house. Murphy stated that he had attended the May Planning Commission meeting. He acknowledged that the applicant had been given a guide of 25-30%, but he reminded them that the Planning Commission makes recommendations to the Council, so even if they had approved the current plan, it would still be left to Council ’s discretion. He did not feel Council should arbitrarily remain at 25% hardcover, but that he did not see a hardship in the Toth’s case. White stated that the City will benefit by the Toth’s combining of the lots and removing the old house. MacDonald stated that there are unintended consequences to denying the variance request. He stated they had moved the house as close to the road as possible, so whenever the Toth’s had company, they would have to park on the street. They will be living closer to the street with the accompanying noise. In the future, he would have to advise clients not to combine lots or tear down old houses for new construction because of the treatment new construction gets. Gaffron stated that the property could sustain without variances a home located 30 ’ from the street with a 600 s.f driveway, 100 s.f. of sidewalk, a 2,050 s.f. building footprint. A standard 2 car garage is 400-500 s.f, leaving at least 1,500 s.f. of house on the first floor with 2,000 above it, and perhaps another level as well. The variance standards in the City code discuss undue hardship, which means, “The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The pli^t of the landowner is due to circumstances unique to his property, not created by the landowner. The variance, if granted, will not alter the essential character of the loc^ity. Economic considerations alone shall not constitute undue hardship if reasonable use for the property exists under the terms of the chapter. The special conditions applying to the structure or land in question are peculiar to that property or the immediately adjoining property. The conditions do not apply generally to other land or structures in the district in which the land is located. The granting of the application is necessary for the preservation and ORONO CITY COUNCIL MEETING MONDAY, JUNE 9,2003 d U9S-29.9S Ctrda and Ed Toth, 1280/1290Spruce nace—Variauces—Resolution No. 4991—Continued enjoyment of a substantial property right of the applicant. The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or any other respect contrary to the zoning code and will not serve merely as a convenience to the iq>plicant, but is necessary to alleviate demonstrable hardship or difficulty.” Gaffron stat^ that there is no hardship unless Council determines that a 2,050 s.f. footprint is uiu’easonable. Ed Toth stated that with a vote of 7-0, the Planning Commission had asked them to redesign their house at 25-30% hardcover, and they did so in good faith. He was surprised and disappointed that they went back on that. Mayor Peterson stated that the Planning Commission is an advisory board, and that the Council tries to be consistent with the 25% hardcover on new construction. Mabusth stated that she knew they would deny the hardcover variance at the second meeting because the Toth's hardcover was up to the Kmit, and new owners always come bade osking for more. She stated that the Commission realized they had been inconsistent in their first request. Since it was two combined lots and new construction, they recommended ^e applicant reduce to 25%. Toth stated that as a homeowner, he resented being told what kind and size home he could put on his property. White moved, and Murphy seconded, to adopt Resolution No. 4991 granting variances to Municipal Zoning Code Section 10.24, Subdivision 5(B); Section 10.22, Subdivision 2; Section 10.56, Subdivision 16(L)(1); Section 10.56, Subdivision 16(JK2) to permit construction of a new residence on property with a lot area of 18,553 s.f. (0.43 acre) where 43,560 s.f. (1 acre) is required; a lot width of 99’ at the OllWL and the 75 ’ setback from the OHWL where 140’ is required; 111 s.f. (1.47%) hardcover within the 0-75’ lakeshorc setback zone where none Is permitted; and grading and filling within 75 ’ of the OHWL of Lake Minnetonka where no grading nor Ailing Is permitted; and hereby denies a variance to Section 10.22, Snbdivisiou 2; Section 10.56, Subdivision 16(LK2) for 3303 s.f. (30%) hardcover within the 75-250 ’ lakeshorc setback zone where only 2,753 s.t (25%) is permitted. Vote: Ayes 4, Nays 0. 1 . r J ORONO CITY COUNCIL MEETING MONDAY, JUNE 9,2003 PUBLIC COMMENTS —CONTINUED 4. David Gardclla Request for Assbtance Regarding Mn/DOT Riglit*of-Way Taking The Gardella ’s owned 1230 and 1260 Orono Oaks Drive. Mn/DOT acquired the properties for the Highway 12 Project. Although the Gardella's sold their properties to Mn)DOT, they are leasing back the property with their residence on it, while searching for a new home, on a month-to-month basis. David Gardella of 1230 Orono Oaks Drive stated that he and his wife had lived in that house for twenty years. Now they are leasing the property from Mn/DOT and recently received notice that they must vacate the property by June 30,2003. They would like to remain in the home for another 60*90 days. He requested the Council's support in finding a workable solution with Mn/DOT. Gardella stated they had made every effort to resolve the matter without involving the City or the courts. Out of respect for the Council’s time, Gardella stated he would condense 25 months of interaction with Mn/DOT down to the necessary elements. May 2001: spoke with Mn/DOT official, and were told that in spite of the confiscation of about 60% of their property, and the Burlington Northern tracks coming within 50-75’ of their house with a 20-25 ’ wall touching one comer of their home, Mn/DOT considered the confiscation a partial take. July 2001: sent a letter to Mn/DOT officials stating his concern and disappointment regarding the decision. August 2001: Orono City Administrator Moorse sent a letter to Mn/DOT asking their property be declared a total take. They had no contact from Mn/DOT from August 2001 until March 2002, when the same person who spoke to then in May 2001 came out to speak with th^ n. He reiterated it was a partial take. He spokv. to Murphy and Jabbour who then spoke to Mn/DOT officials and were successful in convincing them it was a total take. April 2002; The Gardella ’s participated in several meetings with Mn/DOT regarding the take of the pre •*crty. April 2002: Receive the first written offer from Mn/DOT. It was 22% below a conservative appraisal. He had been advised to find an appraiser who would stand up at a commissioner’s meeting or in court imd defend the appraisal. The appraiser informed him that he could have received a much higher appraisal of the property, but that his figure would stand up in court. 8 J ORONO CITY COUNCIL MEETING MONDAY, JUNE 9,2003 4. David Gardeita Request for Assistance Regarding Mn/DOT Right-of-Way Taking —Continu^ May 2002: received second offer. June 2002: received third offer, which was still well below the appraisal. July 2002: at stalemate, Gardella prepared for court. Murphy and Jabbour suggested a negotiating meeting with Mn/DOT. August 2002: Negotiating meeting with Mn/DOT concluded with an agreement in principh with sale documents signed for a settlement nearly $100,000 below the appraisal. September 2002: The state disbursed funds and allowed for 90 days of occupancy prior to vacation or the commencement of a lease. January 2003: Signed a 90 day lease with the option to renew month-to-month. May 2003: Received a notice that they were to vacate the property one month later, on June JO***. Despite considerable effort, the Gardella’s have been unable to find suitable homes. They were looking to relocate outside Minnesota and have made 6 trips to tour 40-50 homes. While they continue the process, they have requested they be allowed to remain in their home through August or September 2003. Gardella stated that if he truly felt their continuing to remain in their home were impeding progress, he would understand the State taking such a hard-line position. The reasons they ’ve been given for moving immediately have been weak. After challenging each claim by MaDOT, they resorted to bullying and stated, “We want you out because we have the right to throw you out.” Mn/DOT still reminds him that his property was not truly a total take, and yet they want him out of the house immediately. Gardella asked if it was reasonable for the State to evict residents who are paying consider.ible rent, insuring and maintaining the property, and otherwise protecting the assets of the taxpayers. He believed that Mn/DOT is manufacturing reasons to move them off the property immediately. He did not tr>' to negotiate a longer lease back in January because he did not expect it to take so long to find a new house. He also underestimate the State’s militancy and overestimated its reasonability and concern for its residents. Also, his neighbors were given 14 months, instead of 10, so he expected the same treatment. Sansevere asked who in Mn/DOT was making the situation difficult. Gardella stated he has been told that there are a number of people who don’t like him because he’s difficult L ORONO CITY COUNCIL MEETING MONDAY, JUNE 9,2003 4. David Gardetla Request for Assistance Regarding Mn/DOT Right-of-Way Taking—Continued Sansevere asked who made the threat to throw him out. Gardella stated it was anecdotal. He typically communicates with one reasonable individual who told him they would be served with a notice of unlawful detainer. His lawyer told him they coitid delay the matter into July by going to court, win or lose. Sansevere asked if60-90 days would be enough time for them to find a new property. Gardella stated that they have lowered their standards and it would simply have to be enough time. Sansevere asked if Mn/DOT claims to have a compelling reason to need them out. Gardella stated that he was told it would not be safe for them with contractors having access to the property. He reminded them that it was meant to be a partial take and completely safe for them to remain in the house. He was then told that they had to remove the septic system. Gardella spoke to the contractor Mn/1X)T sent to the property, and was told moving the septic to a new site was no problem; the water would be off for a maximum of five hours. Mn/DOT then said they were going to close the property and sell the house without a septic system. He stated they w ould destroy the value of the house that way and it would never sell without septic. They then told him that they need to have the house by June 30 ‘*’ or federal funds for the project would be frozen. When Gardella questioned that, they told him to get out. Gardella stated that he had helped other residents who w'cre going through the same thing, so he was sure his name had been thrown around, giving him a reputation as a trouble maker. Murphy stated that Senator Gen Olson was kind enough to attend the meeting to hear Gardella’s complaint. He stated that the Mn/DOT Right-of-Way organization had chosen not to call the takes total takes, but access takings, which makes considerable difference in how people are treated. He asked Gardella if he went from January, when he signed the lease, to May 29"* w ithout contact with Mn/DOT when he was told to vacate. Gardella stated that during the time, he had contact w ith one person, the real estate/relocation person. They spoke frequently to touch base. Mn/DOT asked for two movers quotes, he spoke with three. There was never any urgency expressed or specific date discussed with regard to when they had to vacate. The indiv.dual called him and told him he had heard they were sending him a letter of vacation and offered to intercede on his behalf because they had no compelling reason he knew of to take the property. He later called to say he'd been given a dress-dow n and was accused of being on the wrong side of the issue. He was also told to make notes of all conversations he had with Gardella. ORONO CITY COUNCIL MEETING MONDAY, JUNE 9,2003 4. David Gardelia Request for Assistance Regarding Mn/DOT Right-of-Way Taking—Continued Murphy asked if it was true he had been accused of planning to steal back his house when it went to auction. Gardelia stated that it was true, but they had no desire to keep th'* house. The ordeal had caused his wife emotional turmoil, and they needed to close the matter and move on. White stated that he is upset Mn/DOT thinks Orono is difficult. He stated that Mn/DOT does great things, but there is a rogue department in the organization. He stated that Mn/DOT ruined his father when they took his house and all the equity they’d had in it. Murphy stated that he did not want to leave the impression that the City has not had any positive experiences with Mn/IX)T. The City has been involved in a number of positive collaborative efforts with Mn/DOT in relation to the Highway 12 project. Orono has appreciated working with Mn/DOT staff like Tom O’Keefe. Gardelia stated that Mn/DOT has bullied people, has had elderly people in tears by threatening them to either take the offer on their houses or face them in court. Murphy moved, and Mayor Peterson seconded, to draft a letter of support for David Gardelia in asking Mn/DOT’s Right-of-Way organization to not exercise their letter of eviction on June 30'^, and to work with the Gardelia’s, giving them until August 31** or until they find suitable accommodations elsewhere, whichever comes first, with a copy of the letter enuiled to Senator Gen Olson. Vote: Ayes 4, Nays 0. 7. #03-2886 Dennis and Diane Killian, 1300 Spruce Place—^Variances The applicants requested the item be tabled. Mayor Peterson moved, and Sansevere seconded, to table Item 7. Vote; Ayes 4, Nays 0. 8. #03-2889 Ravia Real Estate, LLC, 2060 Way*zata Boulevard West—PUD Concept Plan Approval Gaffron stated that the tqiplicant had submitted an application for B-6 PUD General Concept Plan Approval for the property at 2060 Wayzata Boulevard. The property had been rezoned to B-6 PUD in 2001. ORONO CITY COUNCIL MEETING MONDAY, JUNE P, 2003 8. 803-2889 Ravia Rea! Estate^ LLC, 2060 Boulevard West—PUD Concept Plan Approval—Continued The proposed use of the 2.6 acre property had been revised to reduce its intensity as it went through the Planning Commission review. Starting at 13 office units in 3 buildings, the concept was pared down to two 3-unit office buildings for unit ownership, and a S-unit equivalent building for condo oflice units. The buildings would be one and a half stories, plus a lower walkout level. Each unit of the 3-unit buildings would have a footprint of approximately 1500 s.f Each unit would be sold to individual ownership. The 5-unit building would be sold to one owner with offices for lease. Common areas would include parking facilities, landscaped areas, and sidewalks. Total gross square footage of office space would be 42,000 s.f. Gaffron stated that directly to the north of the property is the Sugarwoods neighborhood. A 40' wide platted outlut owned by the Sugarwoods Homeowners Association, which is generally wooded, acts as a buffer to the site. Gaffron stated that the proposed use would not require a CMP amendment as the underlying land use designation is for commercial use. Office use would be permitted under the B-6 district. Staffs main concern was with the number of parking stalls. The plan proposed 113 stalls, and staff felt 125 were needed. Staff recommended approval subject to the parking issue being resolved. He stated that the applicant could convert some parking to underground or reduce the building size. George Van Houten with Ravia Real Estate, and Rich Revering of Ulteig Engineers, the project engineer, were present. Jacqueline Ricks of 2108 Sugarwoods stated that the senior housing center garbage gets picked up at 4:00 a.m. and is located in the front of the building. She was concerned about being disturbed by the garbage pick-up at the office site. Murphy recommended placing the dumpsters close to the entrance that the collection trucks would use. Evelyn Schulman of 2106 Sugarwoods stated they would hear the garbage trucks no matter where the dumpsters are located, but it would be better with them at the front of the building. Sansevere suggested hiring a company that will pick up during daylight hours. * -i i 1 ) i ^ . I • i F I i ORONO CITY COUNCIL MEETING MONDAY, JUNE 9,2003 8. 803-2889 Ravta Real Estate, LLC, 2060 Wayzata Boulevard West—PUD Concept Plan Approval—Continued Ms. Schulman stated that the front of the building faces Suganvoods with the parking adjacent to their preserve. She was concerned that they would have parking lights shiijng into their yards whenever the trees are bare. Ms. Ricks stated that she has four small children and is concerned there is not enough buffer between the houses and the development. Marilyn Woosek asked if Ravia Real Estate had met the green space requirements. Gaffron stated that the B-6 zone has no specific green space requirements. The plan was about 45% green space. White asked why the building didn’t face Highway 12. Revering stated that the topography and walkout design of the buildings requires it face Sugarwoods in order to fit enough parking. Gaflron stated they would have to cut 20-25% of the proposed buildings to meet the parking requirements. Van Houten stated that would kill the project. White asked if the parking requirement was reasonable. Gaffron stated that 3.5 stalls per 1000 s.f., using 85% of gross as net, was reasonable. He stated that the office lot could be used as overfiow parking for the senior housing complex on the weekends, according to the PUD. Revering stated that they don’t feel the need for more parking. Gaffron stated that they felt the project required more parking. Sansevere asked how many people would work in the office. Ulten stated that there could be 4-5 workers per office. Mayor Peterson stated that the applicant should move the garbage away from Sugarwoods and fix the parking. She also stated the northeast comer should remain green space. Rick Schommer of 2106 Sugarwoods stated that he was at the first Planning Commission meeting. He felt that the planned parking would encroach on the neighbors when it was developed. He stated that the development was only required to have a 20 ’ setback, but the residential neighbors were required to have a 30’ setback. Gaffron stated that only 10 ’ was required from the lot line to the parking lot, and that the applicant had doubled the required setback. He stated the evergreens would be 3-4’ wide and 6-8’ tall to start. 1 ORONO CITY COUNCIL MEETING MONDAY, JUNE 9,2003 8. #03~2889 Ravia Real Estate, LLC, 2060 Wayzata Boulevard H^est—Pl/D Concept Plan Approval—Continued Revering stated they had committed to transplanting as many trees on the site as possible, providing larger trees and a more adequate screening. Gaflron stated there would be a 4’ tall retaining wall, and a 6’ screening fence on the hill above the retaining wall could provide 10' of screening. White asked about B-6 uses. Gaflron stated it could not be used for retail. Rick Apple of 2101 Sugarwoods stated that there were 25 people in the 4,000 s.f. oflice where he works. He asked what code was on parking. Gaflron replied it was 170 stalls, but their advisors indicated that was too high. He stated that City consultants said the number proposed by the iq)plicants was too few, and should be 3.5 stalls per 1,000 s.f. net square footage, with net being 85% of gross. Ms. Schulman stated that the development had to fit within the 2.6 acre lot. Revering stated they were not applying for a variance. They felt the number was too high, and that 50% net was appropriate based on their other developments. He asked what would happen if they asked for a vote and were denied. Gaflron stated they could come back at the next meeting. Van Houten stated they could not aflbrd to cut another building. Murphy moved, and Sansevere seconded, to have staff draft a Concept Plan Approval resolution that incorporates requirements that the applicant move the trash enclosure away from the Sugarwoods properties and that parking must adhere to the recommended 3.5 parking staUs per net 1,000 s.f. using 85% of gross as net Vote: Ayes 4, Nays 0. 9. 803-2894 Douglas and Robin Smith, 4195 Highwood Road—Conditional Use Permit and Variance—Resolution No. 4992 Gaflron stated that the iq>plicant was requesting variances to permit replacement of existing retaining walls and stairs within 75’ of the OHWL of Lake Minnetonka with 524 s.f. (4.6%) hardcover within the 0-75’ setback zone where none is permitted; grading, filling and excavating of more than 10 cubic yards within 75' of the OHWL where no more than 10 cubic feet is permitted; and placing fill in a bluff impact zone where no fill is permitted. The Plaiming Commission recommended to approve variances subject to detailed plans being submitted to staff for review. The plans submitted did not address the issue of wall rkihffiiu-ia ORONO CITY COUNCIL MEETING MONDAY, JUNE 9,2003 9. §03-2894 Douglas and Robin Smith, 4195 Highwood Road—Conditional Use Permit and Variance—Resolution No. 4992 —Continued screening, and did not include existing/proposed contours or other details asked for by the City Engineer. The approval resolution included a requirement that the necessary detail be provided prior to issuance of the Land Alteration Permit. Gaffiron stated that staff needed to spend time on site with the applicant and the builder to make certain they know how far the project will go and to insure it stays within the approved parameters. The resolution was drafted to suggest the applicant work with staff to submit a detailed plan and profile design, showing how plantings will screen the hardcover from the lakeside, including existing structures, lot lines, proposed and existing contours, location of boulder walls, etc.; and a detailed erosion and sediment control plan. Doug Smith stated that he was willing to work with the City to provide what they required, but was getting resistance from contractors. Replacing his steps was a small project, and they wouldn ’t take it on because of all the City’s requirements. Murphy moved, and White seconded, to adopt Resolution No. 4992 granting variances from Municipal 2U>ning Code Section 10.56, Subdivision 16(J)(2); Section 10.22, Subdivision 2; Section 10.56, Subdivision 16(LK1); Section 10.56, Subdivision 16(L)(2); and Section 10.56, Subdivision 16(JK5Xh) to permit replacement of existing retaining walls and stairs within 75’ of the OHWL of Lake Minnetonka with 524 s.f. (4.6%) hardcover within the 0*75 ’ setback zone where none is permitted; grading. Ailing and excavating of more than 10 cubic yards within 75* of the OHWL where no more than 10 cubic yards b permitted; and placing All in a bluA impact zone where not All is permitted. Vote: Ayes 4, Nays 0. 10. #03*2896 Bruce Boeder on behalf of Franciscos Bastiaens—665 Ferndale Road North—Conditional use Permit and Variance Gaffron stated that the Bastiaens' contractor was issued a building permit in January 2003 to construct a new residence on the property. The property contains an existing old house and detached garage which the applicant wii-.es to continue to use for dwelling purposes during construction of the new residence (which is allowed by Orono 2^ning Code Section 10.03, Subd. 7), and further wishes to continue to use as a temporary guest house and detached garage for a 24-month period after completion of the new principal residence. This would require a Guest House CUP approval, and a variance to the lot area requirement. City code requires having 4 acres in a 2 acre zone to have a guest house. The Planning Commission made 3 motions: to deny the requested guest house CUP—the motion failed; to approve the guest house CUP, establish an escrow to guarantee removal of the house *--- ORONO CITY COUNCIL MEETING MONDAY, JUNE 9,2003 /9. M03-2896 Bruce Boeder on behalf of Frauciscus BasHaens—665 Ferndale Bt Norik—Conditional use Permit and Variance—Continued and driveway after 24 months, allowing use of the existing septic system—the motion failed; to approve for 12 months, escrow required, allowing use of the existing sqjtic system—the motion failed. Gaflron stated that staff felt the request was not unreasonable, though there was no precedent for a temporary guest house. The guest house would have to be occupied by persons who would otherwise use the primary residence, should not be used as a rental unit, upon completion of the septic system serving the new house, the old house be connected to the new system, use be allowed only for 24 months with an escrow account established to insure removal of the house, and the driveway connection to North Femdale Road be removed after 24 months with the guest house. Boeder stated that the Bastiaens* son is living in the “little white house” (which is the guest house in question). The Bastiaens total property is 6 acres. They looked into splitting it into 3 acres, but found that the acreage was actually less than 6 acres due to easement requirements. The Bastiaens then were forced to give up a lot at a significant financial loss because the 3 lot division would have resulted in lots smaller than 2 acres. Boeder stated that the first 2 conditions were acceptable to the Bastiaens. They did not agree with connecting the little white house to the new septic system. The current septic system was in compliance through December 2010. The Bastiaens felt that connecting to the new system for 2 years use was an uimecessary expense. They agreed with the fourth condition of a 24 month time limit and the escrow account. He stated that the Planning Commission discussed that if the little white house had the plumbing removed and the septic disconnected, it would th>. n become a conforming accessory structure and could remain on the property. The Planning Conunission, however, did not favor that option. The applicant did not agree with the condition that the old driveway be tom out at the end of 2 years. They would like to keep it as parking for guests when they entertain as die road their new driveway will be on is narrow and does not allow for ^equate street parking and there is no parking on Femdale. Murph; asked about the compliance of the septic system. Gaffron stated that they don ’t know if the current system has enough capacity and he did not feel it would be a big expense to connect the guest house to the new septic. Bastiaens stated that he used to work in the septic and sewer business. He stated the old system w as in good condition and could handle use by two people until 2010. He stated tl at if a problem arose he would connect the house to the new septic then. The guest house was 100 years old and in good condition, but he was willing to doze it in two years in order to meet the City’s requirements. ORONO CITY COUNCIL MEETING MONDAY, JUNE 9,2003 10. 003~2896 Bruce Boeder on behalf of Franclscus Bastiaens —665 Ferndale Road North—Conditional use Permit and Variance —Continued White asked about the driveway. Gaffron stated that code allows for one driveway access per residence. North Ferndale Road is heavily trafficked and by policy they prefer the applicants have one driveway, not two. Boeder stated that they had planned to ask for 5 years, but Bastiaens decided to only request 2 years, enou^ time for his son to finish college and get a start in life. He stated that he had driven Ferndale and it is flat where the Bastiaens house is located and the driveway access is easy to see. Gaffron stated the code allows for one 20 ’ curb cut per residence, but that the Public Services Director could grant a second curb cut. Gappa stated that he recommended against the second curb cut, but that the applicant could bring the request before Council. Gaffron stated that the house was built in 1913, or potentially earlier. It was on a list of significant buildings in Orono by the Historical Preservation Office, but was not on the National Historical Register. Nothing currently preserves the building. He suggested the applicant consider if the house was worth preserving, or possibly moving to another site. Gaffion stated that if the current septic became a problem, the applicant would have to then tear up the yard at a greater expense to connect the house to the new septic. Bastiaens stated that he would do so. Sansevere asked if they were setting a precedent. Gaffion stated that it was precedent setting to allow a guest house on a 2.3 acre lot in the 2-acre zone, but that it was tempered by the time limit of 2 years. With the agreement and escrow account, tlie City would have the right and the money to remove the house at the end of the time frame. Barrett stated that he saw no problem with the application. Bastiaens asked how many acres he would need to keep the guest house. Gaffion stated he would need a total of 4 acres to keep both houses on the same lot, and that it must meet all lot standards, so that the houses could be split onto separate lots at some point. Boeder stated that they could not configure the houses on the lot in such a manner to keep them both. Mayor Peterson stated that they were agreed on the guest house use, had resolved the septic issue, were agreed on the time of 24 months, and the driveway issue would follow the staff recommendation, knowing that the Bastiaens could ^peal to keep the driveway at the end of the 24 months. ORONO CITY COUNCIL MEETING MONDAY, JUNE 9,2003 10, §03-2896 Bruce Boeder on behalf of Frauciscus Bastiaens —665 Femdaie Road North—Conditional use Permit and Variance —Continued Sinscvcre moved, and White seconded, to approve the requested temporary guest house CUP according to stafTs recommendations that the guest house would have to be occupied by persons who would otherwise use the primary residence, should not be used as a rental unit, use be allowed only for 24 months with an escrow account established to Insure removal of the house, the driveway connection to North Ferndale Road be removed after 24 months with the guest house; except allowing the guest house to remain connected to the current septic and only requiring hookup to the new septic if staff finds that a problem arises at any point. Vote: Ayes 4, Nays 0. 11. #03-2901 Denali Custom Homes, Inc. on behalf of Melinda Lee and Thomas DeVeau, 680 Tonkawa Road—^Variances Gaffron stated that the applicants proposed to remove the existing house and construct a new house on a lot just over a half acre, .54 acre, with a width of 64 ’. They were requesting a hardcover variance in the 75-250 ’ setback zone to allow 29.15% where 25% is allowed. The Planning Commission found that the loss of lake views resulting by moving the house closer to the road due to average setback variance previously granted to the neighbor, also, the narrowness of the lot, and the steep topography resulting in necessary hardcover associated with retaining walls and lake access stairs in the 75-250' zone. Staff recommended approving the lot area and width variances, but denying the hardcover variance. A house could be built on the property at 25% hardcover. David Beeker of Denali Custom Homes stated that they had come up with new plans based on staffs recommendation, which he passed around at the meeting. He stated that they had come up with a system of hardship credits that allowed them to get down to the 25% hardcover requirement. They found an 80 s.f hardship credit for the retaining walls required to maintain the slope, 127 s.f of stairs needed to access the lakeshore. For the si^tline variance, he stated that since a variance was required to cross the average setback, the applicant was then faced with a hardship. They had pulled their house back 20' from the existing house footprint to reduce hardcover. If they pulled back any farther, they would be behind the neighlMiing property. Murphy asked if Council was in the business of giving hardship credit. Gafhon stated that the concept was unique, but it had been discussed at the Planning Commission. The applicant had found a way to quantify credit. The boulder retaining walls and stairs were given 1 for 1. The ability to not pull the house back any farther was based on the reduction in driveway size. He asked if Council agreed with the concept. 1 fi li I \ ■ : , f i ■ ORONO CITY COUNCIL MEETING MONDAY, JUNE 9,2003 II. W3-290I Denali Cnshm Homes, Inc. on behalf of Melinda Lee and Thomas DeVeau, 680 Tonkawa Road—Variances—Continued Sansevere asked if the sightline matter qualified as a hardship. White stated that he could recall other cases where setback of the house was an issue. Gafiron stated that the situation was not created by the property owner and did essentially go with the land. Beeker stated that in the City’s description of hardship, it is listed as one. Seeker stated that they did reduce the driveway per staffs recommendation and it allowed for a better drainage plan. Murphy asked if staff wanted time to review the new materials. Gaf&on stated they did, and as they had not drafted a resolution for the meeting, it would not create a loss of time. Council could table the application until the next meeting. He asked for direction. Moorse suggested staff go on site and view the land and sightlines. Beeker stated that they needed to start the project as soon as possible. Sansevere stated that Council needed staffs input to give the matter a fair discussion. Mayor Peterson stated she felt Council was leaning in favor of the revised application. Bob Beutler of 684 Tonkawa Road stated that he was concerned who would be liable for the drainage problems. He stated that when it rains, the water flows hard and fast from one property to another. When he built his house it was a major issue to deal with. If the drainage wasn’t taken care of, it would ruin his landscaping and property. He wanted to know who would be responsible if his property gets damaged. He stated he would like to be involved in the applicant’s drainage plan and the City’s review of the matter. He suggested money be put in escrow to pay for any resulting problems. Barrett stated that the City was on notice of a complex issue, but was under no obligation to satisfy Mr. Beutler or other neighbors. Murphy moved, and Sansevere seconded, to table item 11, #03-2901, Denali Custom Homes, Inc. on behalf of Melinda Lee and Thomas DeVean, 680 Tonkawa Road. Vote: Ayes 4, Nays 0. I ail' liiitU'iiiriMiinlii ORONO CITY COUNCIL MEETING MONDAY, JUNE 9,2003 *12. #03-2902 WJM Propcrtict LLC, 2005 Wayiata Boulevanl West—Conditional Uie Permit—^Rctolntion No. 4993 Mnrphy moved, and White seconded, to adopt Rcsointion No. 4993 approving a conditional use permit per Municipal Zoning Code Section 10.50, Subdivision 3(AK4) to permit construction and use of a private motor fuel station to support the body shop, auto prep and wholesaling operations previously approved for the site via Resolution no. 4845; and approves amendments to the Industrial Site Plan Approval granted via Rcsointion No. 4845 to allow refinishing of the west facade of the existing building with Exterior Insulation Finish System to result in a more uniform appearance for the building; and to allow the development of an additional site acccM via a proposed 40* bituminous driveway from the cast parking lot to the east property line. Vote: Ayes 4, Nays 0. *13. Joint Use Dock License—Resolution No. 4994 Murphy moved, and White seconded, to adopt Resolution No. 4994 directing staff to issue a Joint Use Dock License to Board of Governors, Big island Veteran’s Camp for the period of January 1,2003 to December 31,2003; retroactively for the period of Jauuary 1,2001 to December 31,2001; retroactively for the period of January 1, 2002 to December 31,2002. Vote: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT Sansevere asked if they needed to receive Nygard ’s resignation in writing. Barrett stated they did not as he had read it into record during a public meeting, although he would double check on the matter. Murphy stated that they would need a new Council member, but that they should not rush. Sansevere stated that if Nygard took a paycheck for a period to come, and not for duties already performed, it should be stopped as it was City money. Barrett stated he would check on the matter. Moorse complimented Gaffron on his presentations that evening, especially his handling of the Toth application. i ORONO CITY COUNCIL MEETING MONDAY, JUNE 9,2003 PUBLIC SERVICE DIRECTOR ’S REPORT *14. Seasonal Employee for Golf Course Murphy moved, and White seconded, to hire John T. Harris at $7.75 per hour under the applicable provisions of the PERA rules. Vote: Ayes 4, Nays 0. CITY ADMINISTRATOR ’S REPORT *15. Award of Bid—Navarre Fire Station Construction Murphy moved, and White seconded, to award the contract for the construction of the Navarre Fire Station to DEW Corporation in the low bid amount of $1,138,000.00, and to approve giving the contractor a Notice to Proceed. Vote: Ayes 4, Nays 0. *16. Accept Donation from Bonestroo, Rosene, Anderlik and Associates, Inc. Murphy moved, and White seconded, to accept the donation in the amount of $250.00 from Bonestroo, Rosene, Anderlik and Associates, Inc. Vote: Ayes 4, Nays 0. *17. Temporary, Part-Time Employee to Assist the Pianning and Zoning Department Murphy moved, and White seconded, to hire Jeanne Mabusth as a temporary, part* time employee, at a pay rate of $40.00 per hour, effective June 9,2003. Vote: Ayes 4, Nays 0. *18. Parks, Open Space and Trails Commission Appointments Murphy moved, and White seconded, to appoint Rick Rice and Paul Pesck each to a three year term on the Parks, Open Space and Trails Commission eipiring on December 31,2005. Vote: Ayes 4, Nays 0. *19. Accept Resignation—Paul Theisen Murphy moved, and White seconded, to accept Paul Theisen’s resignation effective June 9,2003. Vote: Ayes 4, Nays 0. iilhiilkitTrh flttiftfiTtf m i ORONO CITY COUNCIL MEETING MONDAY, JUNE 9,2003 *20. Amend 2003 Fee Schedule—Sale aud/or Storage of Couiumer Fireworks Permit—Resolution No. 4995 Murphy moved, and White seconded to adopt Resolution No. 4995 amending the 2003 fee schedule to include a fee of $50.00 for a Sale and/or Storage of Consumer Fireworks Permit Vote: Ayes 4, Nays 0. *21. Opposition to Weapons on City Property—Policy Statement Murphy moved, and White seconded, to adopt a statement in opposition to weapons in City facilities. Vote: Ayes 4, Nays 0. *2ia. Amendment to the Stone Bay Final Plat Approval Resolution Murphy moved, and White seconded, to amend the Stone Bay final plat resolution to enable the final plat to be filed when the City receives a letter from Mn/DOT indicating Mn/DOT’s intent to approve the right-of-way reconveyance. Vote: Ayes 4, Nays 0. CITY ATTORNEY’S REPORT None. *22. LICENSES Special Event Permit 1.Applicant; Event: Location: Date: Time: Tera Gross Birthday Party with Music Provided by DJ 2635 Countryside Drive West Saturday, June 21,2003 6:30 p.m. - 12:00 p.m. midnight Murphy moved, and White seconded, to approve the above listed licenses. Vote: Ayes 4, Nays 0. *23. BILLS Murphy moved, and White seconded, to approve payment of the All Funds Account Vote: Ayes 4, Nays 0. ■ 1 ORONO CITY COUNCIL MEETING MONDAY, JUNE 9,2003 ADJOURNMENT The mcctiBg was adjouraed at 11:00 p.m. ATTEST: Linda S. Vee, City Clerk Barbara Peterson, Mayor i 4000 C 3600 D 3200 E 2800 T 2400 ^ 2000 1600 1200 V 800 ; I K 400 Lp 0 I I 1 __y VAYT a TA |I.14> '•Cn.H 3 hnuiT riorr. AGENDA FOR COUNCIL MEETING SET FOR MONDAY. JUNE 23.2003.7:(» P.M ORONO COUNCIL CHAMBERS. 2700 KELLEY PARKWAY, ORONO, MlNNil >OT (*) Asterisk items are considered to be routine items to be enacted upon by one motion by the«: ty C under the Consent Item* on the sgendsi Memos regarding each of the Agenda items are aw lablc Public Packet • located on the counter near the sign in sheet ROLL CALL —e Coil..-,. JUN 2 3 2003 O 03-2*9 fe> a r—a---------o i 1 i % ruVoci sa p k • • tr irro- 1 rox STXfn illliLK IfMca mr tAKt jmCOTIMiXi :~8 —1 —1 —2 CONSENT AGENDA I. ApprovefAmend APPROVAL OF MINUTES CITY OF OROiuu • Z Regulir Council Meeting of June 9,2003 PARKCOM>nSSION COMMENTS - Pat Wolfe. Representative PLANNING COmnSSlOy COMMENTS - Dave Rahn, Representative LMCD REPORT - Uli McMillan PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT 3. 1101-2714 Frederick Puzak. 1340 Baldur Park Road - Variances - Revieut >Miditic,t Resolution No. 4720 ^ 4. #03-2869 Dr. Robert Gumnit. 1100 Old Crystal Bay Road South - ConditioniJ se Pern and Variance - Resolution 5. #03-2886 Dennis and Diane Killian. 1300 Spruce Place - Variances • 6. #03-2896 Bruce Boeder on behalf of FranciscusBastiaens-665 FemdalcRosi; Worth- Conditional Use Permit and Variance - Resolution • 7. #03-2897 Irfan Altalullah. 2520 Thoroughbred Lane - Conditional Use Permikt JUsolu • #03-2899 Timothy Pellizcr. 520 North Arm Drive - Variance - Resolution • 9, #03-2900 Wm. Yale Smiley III and Timothy J. Mahoney, 2730 and 2760 PI? asant P , Rearrangement of Common Property Line - Resolution 10. #03-2901 Denali Custom Homes, Inc. on behalf of Melinda Lee and Thomas ^«u, 6 Tonkawa Road - Variances - Resolution II. #03-2908 Ned and Loma Buttcrflcld, 374i Watertown Road - Variances - Rcse. i V»n MAYOIUCOUNCIL REPORT PUBLIC SERVICE DIRECTOR'S REPORT 1 2. Update on Fox Street over Long Lake Creek Bridge Replacement Project 13. Request for Payment #2 - Navarre Fire Station Site ImproveroenU Project 14. Request for Payment # 1 - North Long Lake East Sewer ^xjcct 1 5. Request for Payment # 1 - Heritage Drive Sanitary Sew Extension Project 16. Office Wall Improvements 17. Office Air Ventilation Improvements AGENDA FOR COUNCIL MEETING SET FOR MONDAY, JUNE 23,2003,7:1^ P.h ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNl CITY ADMINISTRATOR'S REPORT 18. Pay Request #4 - Navarre Fire Station 1 9. Contract for Special Inspection and Testing Services for the Navarre Fire StaUon 20. Amendment to Resolution No. 4955 Approving the Final Plat of Stonebay - ResoIulS. i 21. Declaration of Vacancy in the Office of Council Member - P.esoIulion 22. Appointment of Planners 23. Approval for Safe and Sober Grant Application 24. Cooperative Agreement with Mn/T>OT Regarding Reconveyance of Right-of-Way CITY ATTORNEY'S REPORT • 25. LICENSES Kennel Special Event Permit • 26. DILLS s UPCOMING I.SSUFS AND EVENTS 2003 »• .• • •••«••• • JUN 2 3 2003 REQUEST FOR COUNCIL ACTION cu Y or- unuiMO Date: April 9,2003 Item No.3 Department Approval:Administrator Approval: Name: Michael P. OafEron Title: P juining Director Agenda Section: Zoning Hem DcKriptioa: #01-2714 Frederick Puzak, 1340 Baldur Park Road - Variances - Review Conditions of Resolution No. 4720 List of Exhibits A - Notice of Council Action 3-25-03 B - Memo and Exhibits of March 19,2003 This item was tabled at your March 24 meeting because neither the applicant nor his representative were present. Staff is advised that Mike Sharratt will be representing the applicant at your April 14 meeting. Please review the attached memo and exhibits. ADDENDUM 6-17-03: This item was tabled April 14 because Mr. Puzak could not be present. He has indicated he will be present at CounciPs June 23 meeting. CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 952-249-4600 ZONING FILE #01-2714 /I NOTICE OF COUNCIL ACTION DATE OF NOTICE: March 25, 2003 TO;Frederick N. Puzak 1340 Baldur Park Road Orono, MN 55391 TYPE OF APPLICATION; Request for Variance Amendment DATE OF MEETING: March 24, 2003 Council took the following action: Motion to table because applicant was not present. Fore; 5 in Favor, 0 Against (Note: Council was presented with your tetter of March 24 requesting action on your requested amendment in your absence. Council indicated they did not wish to discuss the matter without you being present. This will be rescheduled for the Council meeting of April 14, meeting begins at 7:00 p.m. Please confirm that you can be present at that meeting - contact Mike Gaffron at 952-249-4600). If you desire certified copies of the ofTicial Council minutes, they are available from the City Recorder after review and approval by the Planning Conunission or Council. If you have questions, please call Planning Director Mike Gaffron at 952-249-4600. it__.Jam i B REQUEST FOR COUNCIL ACTION Date: March 19,2003 Item No. Dcparlment Approval:Administrator Approval: Name: Michael P. Gaffron Title: Planning Director Agenda Section: 2U>ning Item Description: #01-2714 Frederick Puzak, 1340 Baldur Park Road - Variances - Review Conditions of Resolution No. 4720 List of Exhibits 1- A - Staff letter to applicant of 3-7-03 w/attachments B - Applicant ’s letters of request 6-20-02,10-21-02,2-17-03 C - Resolution No. 4720 D - Septic Design Approval 6-27-02 , uj-cn> Summary of Request - Applicant requests Council approval to eliminate the variance approval condition requiring connection of his proposed new residence to sewer. The new septic system constructed in 2002 for the existing house does not have design capacity to serve the proposed 5- bedroom home. In addition to the need for a formal variance renewal (variances expired 11-13- 02), the Resolution language provides for Council review because sewer connection is not feasible and construction using a septic system is not consistent with the variance approvals. Background Applicant was granted a number of variances for construction of a new home partially within the 0- 75' lakeshore setback zone, to replace his existing residence, on November 13,2001. Resolution No. 4720 required that the new residence be connected to municipal sewer, as the property is in the MUSA and within the defined Urban Area of the City. The ability to connect to sewer was predicated on the adjoining property owner. Bill Franklin, granting an easement for extension of the municipal sewer lines. The Resolution contains language indicating that certain conditions will trigger further review by the City Council, i.e.: a) if it is detemiined that connection to sanitary sewer is not possible; or b) if it is found by City staff that the final construction plans are not consistent with variance approvals. The variance approvals expired last fall without a building permit application being filed by the applicant, and must be renewed before building permits can be issu^. However, a number of subsequent factors suggest the need for further Council review of the original approval. These factors #01-2714 - 1340 Baldur Park Rd, March 19,2003 ' Page 2 include: 1.City has been unable to obtain proper sewer easement from Bill Franklin. The status of the easement is as follows: Mr. & Mrs. Franklin signed an easement document in late 2001, which the City staff forwarded to the City Attorney for filing. After obtaining Franklin’s Certificates of Title, the Attorney in April 2002 concluded that the easement could not be filed without minor language revisions documenting the Franklins’ marital status. Greg Gappa subsequently sent a revised easement document to Franklin on August 8, 2002. Franklin never returned it. Gappa sent out a second copy on November 8,2002, which has never been returned. These never were returned to the City by the Post Office, so we must conclude that Franklin received them. In January 2003 Gappa then attempted to file the easement which the City Attorney had rejected, and the County Registrar would not accept it because the Franklins’ signatures were in black ink and could not be confirmed as original. 2.Construction of new septic system last fall. Last fall the applicant had a contractor install a new septic system to serve the existing residence. City Inspector Matt Bolterman confirmed that the new system has design capacity for only a 3-bedroom home, and that there was not room on the site to construct primary and alternate systems for a 5-bedroom home as was proposed and approved in Resolution No. 4720. It appears that both conditions a) and b) have come to pass, since the applicant can’t connect to sewer absent an easement, and construction of a new home to be connected to a septic system is inconsistent with the conditions of approval noted in the resolution. Applicant’s Request The applicant requests that the variances be renewed but with removal of the condition requiring connection to sewer. This request first came to staff in late October 2002 but followup was delayed due to Paul Weinberger ’s leaving. It is staffs conclusion that a fomial variance renewal application is necessary, but the request for changes to the conditions of approval suggests a review by Council is warranted as “old business" for discussion prior to processing a formal renewal application. Staff Recommendation Staff recommends that applicant be advised to 1) redesign the house to a 3-bedroom configuration, and 2) to make a new (not renewal) variance application for a revised house plan and connection to the existing 3-bedroom capacity septic system rather than to City sewer. As an alternative, to preserve his 5-bedroom design, staff suggested to applicant that he might again request that the City condemn an easement for sewer. Staff is requesting Council direction as to whether there is any support for proceeding with a condemnation. Once an easement becomes f . 1 «01-2714 • 1340 Baldur Park Rd. March 19,2003 ' Pages available, the issue remains as to whether the sewer construction would be a private project involving both Franklin and Puzak, or whether it would be completed and assessed as a public project. Another alternative would be to allow construction of the 5-bedroom home connected to the 3- bedroom septic system, and require that the house be connected to sewer as soon as it becomes available. The obvious risk is that this or a subsequent owner might overuse the system and cause it to fail. The variances granted on November 13,2001 expired on November 13,2002 because no permit was applied for nor obtained before the expiration date. The City notified iqiplicant twice in writing of the expiration date and the need to sign the resolution copies to validate them before building permits could be issued. Applicant never signed the resoluri«»^& From staffs perspective, despite applicant’s ongoing discussions with Paul Weinberger, die variances have technically expired and a new application must be processed. COUNCIL ACTION REQUESTED Provide direction to applicant and staff regarding die following: 1. Should applicant be allowed to construct a new home without connection to municipal sewer? 2. If so, should the house be reduced in size from 5-bedrooms to 3-bedrooms to match the design capacity of the septic system? 3. Is there any basis to allow variance renewal without going through the formal review . --f #cc>f*y CITY of ORONO MunicI|MiI Offices Street Mdrets: 27SO Kelley Parkway Orono, MN 5S356 IWIiag Mdress: P.O. Box €6 Crystal Bay. MN 55323 0066 Fred Puzak 1340 Baldur Park Road Wayzata, MN SS391 Re: Variance Extension Dear Mr. Puzak: I have reviewed with pertinent City staff your letter of February 17 requesting amendment of Resolution No. 4720, as well as your October 22 request for review by the City Council. Unfortunately, when Paul Weinberger left this was one of a number of items for which followup was delayed, and I apologize for the inconvenience. % There are a number of issues potentially for discussion with the Council, including: 1.City’s inability to obtain proper sewer easement from Bill Franklin. The status of the easement is as follows: Mr. & Mrs. Franklin signed an easement document in late 2001, w’hich the City forwarded to the City Attorney for filing. After obtaining Franklin’s Certificates of Title, the Attorney in April 2002 concluded that the easement could not be filed without minor language revisions documenting the Franklins’ marital status. Greg Gappa subsequently sent a revised easement document to Franklin on August 8, 2002. Franklin never returned it. Gappa sent out a second copy on November 8,2002, which has never been returned. These never were returned to the City by the Post Office, so we must conclude that Franklin received them. In January 2003 Gappa then attempted to file the easement which the City Attorney had rejected, and the County Registrar would not accept it because the Franklins’ signatures were in black ink and could not be confirmed as original. Construction of new septic system last fall. Last fall you had a contractor install a new septic system to serv’e your existing residence. City Inspector Matt Bolterman confirmed that your new system has design capacity for only a 3-bedroom home, and that you did not have room or. the site to construct primary and alternate systems for a 5-bedroom home. 3.Variance expired November 13.2002. The variances granted to you on November 13,2001 expired on November 13, 2002 because no permit was obtained before the expiration date. The City notified you twice in writing of the expiration date (attached letters by Deputy Clerk Rachel Dodge dated January 29, 2002 and June 5, 2002) and the need to sign the resolution copies to validate them before building permits could be issued. You have never signed the resolutions. From my perspective, despite your ongoing discussions with Paul Weinberger, the variances have technically expired without action by you to sign them or obtain a building permit. Tdcphooc (952) 2494600 • Fax (952) 249-4616 www.d.onnKMnii.ia Fred Puzak March 7,2003 Page 2 Variance renewal packet mailed to vou February 10 . Wendy BoUenberg mailed you the variance renewal forms on February 10, as it is staffs conclusion that you need to file for renewal of the variances. 5.New variance application required. Variance renewal ^plications are accepted with a reduced fee when there are no changes proposed. However, you apparently will be requesting to not have to connect to sewer, which is a change firom the original approval. Therefore, your application will be considered as a new request rather than a simple renewal. I would assume that some of the Exhibits from your prior application will still be applicable; however, a I also assume that you will be providing a revised house plan, given that your septic system is capable of supporting only a three bedroom home, and the plans we have on file indicate a S-bedroom home. Resolution No. 4720 contains language indicating that certain conditions will trigger further review by the City Council, i.e.: if it is determined that connection to sanitary sewer is not possible; or b) if it is found by City staff that the final construction plans are not consistent with variance approvals. It appears that both conditions a) and b) have come to pass, since you can’t connect to sewer absent an casement, and construction of a new home to be connected to a septic system is inconsistent with the conditions of approval noted in the resolution. Therefore, I will place your request on the City Council’s March 24 meeting agenda. My recommendation to the Council will be that you be allowed to redesign the house to a 3'bedroom configuration, and that you be advised to make a new variMce application for a revised house plan and connection to the existing 3-bedroom capacity septic system. As an alternative, to preserve your S-bedroom design, you might again request that the City condemn an easement for sewer, however, this will undoubtedly slow things down. You had requested a copy of the City’s file on the proposed development of the adjacent lots. No formal application for such development has been submitted to the City, and there is no known application pending. I have no file to forward to you. Regarding your 4 item request of June 20 as to platting requirements; 1) 2) Replatting would be classified as a Class in subdivision as you correctly noted. Baldur Park Road was originally platted in 1912 at a width of 30'. Neither the platted right- of-way nor the paved width of Baldur Park Road meet current City standards for public roads. The current standards are 50* right-of-way and 28 ’ paved width for a local street that serves 3-10 dwelling units. Lands abutting Lake Minnetonka above the 929.4' OHWL contour line have historically been credited by Orono toward area requirements, except when such land is determined to be wetland. The City does recognize that portions of the area of the Flood Fringe (between 929.4 ’ and 931 .S’) are occasionally inundated, and allowed uses within the Flood Fringe arc limited by the City and other regulatory bodies. Wetlands would be subject to conserx ation easement dedication. 1 FrtdPutak March 7,2003 Pages Development involving the creation of new building sites is normally subject to an 8% Park Dedication (8% of the land or equivalent in cash) as well as a Storm Water and Drainage Trunk Fee of $4,050 per acre in the h acre zoning district. Sewer Connection Charges on a per ^t basis might also apply; however, it is likely no such charges, would apply to replatting of Franklin ’s lots because he would be incurring the cost of extending the sewer to serve his properties. I hope this provides you with some long-awaited answers. Enclosed is a variance application packet for you to use in making your new request. The next deadline for applications to be submitted is Wednesday, March 19 at noon for review at the Planning Commission’s April 14 meeting. City staff are available to meet with you to discuss any aspect of your project prior to the March 24 Coi^il meeting. Please feel free to call me at 952-249-4600 if you have questions. Michael P. Gamon Planning Director end. cc:Greg Gappa, Public Services Director Lyle Oman, Building Official Wendy Bottenberg, City Planner Rachel Dodge, Deputy Cleric Mike Sharratt i 1 OKjMYl Mtl/ &dn, 2_(5bZ- 1 CITY of ORONO Muntcipa] Offices Strtit Mdrass: 2750 Kelliy Psikway Orooo, MN 55356 Millbif AMriti: P.0..Bn 66 Ciysbl Bay. MN 553234)066 August 8» 2002 Mr. William Franklin 1730 New Brighton Blvd MinneapoUs.MN5S413 RE: Baldur Park Easement Dear Mr. Franklin; In March of this year, you had signed and returned to the City an easement agreement for utility purposes across your property. This easement could not be recorded, at Hennepin County, because your marital status was not listed on the document. The City Attorney has provided a new easement form that he would like signed. This is a newer form that has been revised from the original form that you had signed. However, the intent of the document is still the same, to provide the City a permanent easement for the installation and maintenance of public utilities across your property. Pleas sign and return this easement document at your earliest possible convenience. Please contact me at 612-249*4621 should you have any questions regarding tliis easement Thank you for your assistance in this matter. Sincerely; Gr^ory A. Gappa Director of Public Services Tricpbeoc(9S2)24MCOO • Fai0i2)24Mlli « i , Iv ^ A.1 •; f: i,. HINSHAW & CULBERTSON A'2 ■3-l9-o% BIUIVIUI,IUIMOtt CMAMFAION.ILlOIOtS ClOCAOaUINOIS CRTITAL LAKI. BXINOIS lOLSr.lLilNOIS UfU;iLUNOii raOtlA«ILUKOIS ltOCXfORO.UIIIO» •FMWOfBUULUKOtt WAUnOANLUINOtS riFtEfAPriAYTOWift •umiioo 28 KXTO Hnmi mnr UmiflAPOUlLMXmilSOfTASlIO 4UJ844I4 miFAXiitmHf niOniDQA&ttONA IAN nUMClfCQ. CAUrotMA IT. UaJDItOAU.rU)tlDA lACKSONVILU, rUHUDA MIAMI. noUDA TAM»A.rtOIUDA tCMIESIlVXLLI. INDIANA Vr.LOUM.MIStOUIU ArrtSTON.WlfCOIIIIH MILWAUUI.V>CONSN AprU 9,2002 WWimDOtlCTDIALIIO. 612-334-2S16 ruKa 754868 Gregory A. Oappa Director of Public Service CityofOroDO P.O. Box 66 Crystal Bay, MN 55323-0066 . • * ^ % • •» .• • • • Q.i'i *-•* Easements Dear Greg: Enclosed is an easement form that we pi i^pared some time ago for the City of Orono. I am returning the Franklin easement. >Vhen individuals sign a real estate conveyancing document, it is necessary to designate their marital status (either single or husband and wife). This is necessary so that the document can be recorded. * Would you like to redraft this easement on the prescribed form? If you want us to do so, we can. Please cdL Rolfe A Worden cc: Thomas J. Barrett, Esq. (w/eoc.) NCMDStf ITlIllfMMV.vl «MM A MBMIMV SCUMIQ fiOinipMML QQtfW 4 i f i- ( * f i i AztL 0^0 til 3*11-03 GlTYor IVJI NO Mnaki|»l Offices StmlMdraii: 2750 Keliay Orono. MN S53S6 IteOiof Addnti: P.O. Box 66 Crystal Bay, MN 553234)066 SECOND REQUEST June S, 2002 Frederick Puzak & Julie Thometz 1340 Baldur Park Road Wayzata, MN 55391 RE: Variance Resolution Dear Fredrick & Julie: A resolution #4720 located at 1340 Baldur Park Road was approved by the Orono City Council on November 13,2001. The variance expires November 13,2002, it is important that this variance is signed before it expires. Please stop by the City offices located at 2750 Kelley Parkway, to sign the three copies of this resolution, so the City may then proceed with filing procedures. Before issuance of any building permits, your signature is required. Please reference Resolution #4720. If you have any questions, please call me at (952) 249-4600. Sincerely, Rachel Dodge Deputy Clerk tpbMe(»52)24M<M • in<9SDMMilf r-1 CITY of mONO Maakl|Ml Slmt Mints: 2)50 IWI9 PwkNty OroM, MN 5S356 MaillBg Mdntt: PO Rm an ciysUI Bay. MN 553234)066 Frederick Puzak & Julie Thometz 1340 Baldur Paric Road Wayzata, MN 55391 RE; Variance Resolution Dear Fredrick & Julie: A resolution #4720 located at 1340 Baldur Park Road was approved by the Orono City Council on November 13,2001. The variance expires November 13,2002, it is important that this variance is signed before it expires. Please stop by the City offices located at 2750 Kelley Parkway, to sign the three copies of this resolution, so the City may then proceed with filing procedures. Before issuance of any building permits, your signature is required. Please reference Resolution #4720. If you have any questions, please call me at (952) 249-4600. * • Sincerely, Rachel Dodge Deputy Clerk 1kkphoM(M2)24Mil0 • lbi0IIDa4M|M F I V GITy<if ORONO Municipal Ofllcct 8ratt Addmt: 27S0 Killcy failnny OroM. MN 5S3S6 ItoDlai AMrasi: P.O. Bta 66 Ciystal Bay. MN 6S323-0066 Febnury 10,2003 FredPuzak 1340 Baldur Park Road Wayzata, MN 55391 Mr. Puzak: Please find enclosed an application renew your variances. Also included in the application is the submittal list and deadlines for submittal. The next deadline is February 19,2003. If you have any questions, please feel free to call at (952) 249-4600. ^ Sincerely, iiuudi^'Se^itui.Ou^ ; ? Wendy Bottenberg City Planner I Enel. Mwm L 1U«plMM(9S2)MMiM • Pax WWWiCiMaMJBMS f ■ !<:• /. 3! 1340 Baldur Paik Rd. Orono.MN 55391 Mr. Mike Gaffion CiQr of Orono 2750 Kelley Paricway Orono, MN 55356 CERTIFIED MAIL RETURN RECEIPT February 17,2003 Cl- ^. >- 4 • Re: Amendment to Variance Resolution #4720 1340 Baldur Park Rd. (Lot 30, Block 1, Baldur Park) Dear Mr. Gaffion: This letter is a follow-up to our letter filed October 22,2002, copy enclosed. During a telephone conversation with Mr. Weinberger last October regarding the ongoing lack of city sewer availability, he recommend'u that the Resolution be returned to Council for amendment, and assured us that Cu staffwas aware ofour ongoing file. He said fiiere would be time for this to be haiMlled prior to the November 13,2002 renewal date, and said that it would be put on the November 12,2002 Council agenda. It has been over four months since that conversation, without any response fiom the City. As our request for ameixlment was filed October 22,2002, this issue should have been returned to Council as old business. Please let us know when you can have an informational package prepared for Council. We are requesting that the Resolution be amended to delete any reference to city sewer, as the sewer remained unavailable and we now have a new, state-of-the-art CODE private sewer, as was recommended 1^ Ci^ staff. Additionally, we sent a letter June 20,2002, also enclosed, requesting clarification of issues regarding the proposed neighboring subdivision, vritich has not been answered. In all fiumess, a re^nse fiom City staff is long overdue. Sincerely, Frederick —■eThometz Enel. Copy: MikeSbarndt f * • • Frederick Puzek ft Julie Thometz 1340 Baldur Park Rd. Orooo, MN 55391 Mr. Paul Weinberger ChyofOrono 2750 Kelley Pkwy. OroDQ,MN nr:T ? ? CIIV Ur UHCWo October 21.2002 Re: Variance Resolution #4720 Dear Mr. Weinberger. As you may remember. were granted variances to oonstfuct a new home last November with the condition of hooking up to city sewer. We have now waited another year for a utilHy casement across the neighboriiig property, as promised by hs owner, Mr. Bill Franklin. Out of necessity, we are now proceeding with the installation of an approved, code compliant 3BR private sewer system which should be completed by the end of the month. As the Planrupg Commission recommended approval of our plans upon installation of a code compliant septic system, we ask that the variances be renewed for another 12 months without the condition of city sewer hookup. As residems of Orono for the past nine years, we greatly appreciate the quality of life here, and would now like to proceed with our plans to accommodate our growing family If possible, we would like to bring this old business to City Council on October 28th. Please advise. 952-471-9229. Sincerely, Frederick Puzak Julie Thometz B'2 3'W-o3 II *<iaihftdSMwSBai > • • iLi^^irnr-TJTTTx^' Frederick Puzik BoxlSS Spring Perk, MN 5S384 Mr. Paul Weinberger Chy ofOrono 2750KelfyPkwy Orono, MN 55356 June 20,2002 fa W| 0-. r M17. M». 1»MRe: Franklin/Hessburg Development Lots 21 - 29.31.33 BOc I, Baldur Park Dear Mr. Weinberger: As a follow-up to our lelephone conversation of June 6,1 would appreciate receiving a complete copy of the City*s Ole on the proposed development of the above mention^ lots, including staff notes and recommendations. Also, please confirm that the following requirements would apply: 1. ) Replattiog would be classifi^ as a Class HI subdivision due to the extension of chy sewer, dedication of public roadway and request for flexible zonina OI 03 subd. 2.66.C.2 through c.4.). 2. ) Minimum public right of way required b 50* (28* pavement width) and maximum cul de sac length is 1000’ (11.33 subd. 4.). Does Baldur Park Road meet these requiremeins? 3. ) Flood plain (below elevation 931.5) and wetlands Shan be dedicated as conservation easements and not be utilized for confuting the area reouirements for any lot (11.41 sub. 2 .E and 3.B.4). 4. ) Pursuant to Sec 11.62, prerequisite to approval of a final plat is the dedication to the public of 8% of the land being platted, or equivalent cash contribution be made by the developcx (e.g. 8% of $1 million = $80,000). Also, please confirm that Mr. Franklin has not provided a utility easement “fiee of charge” as he promised eight months ago at the Chy Counefl meeting on October 22 2001. Thank you for your clarification of these nuhtm. Sincerely. Frederick N. Puzak 1 (■isl GITYofORONO 0 RESOLUTION OF THE CITY COUNCIL NO. 47 20 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS I AND 2; SECTION 10.56, SUBDIVISIONS 16 AND (L) 1 AND 2; AND SECTION 10.55, SUBDIVISION 8 FILE NO. #01-2714 WHEREAS, Frederick Puzak and Julie Thometz (hereinafter "the applicants") are owners of the property located at 1340 Baldur Park Road within the City of Orono (hereinafter "the City") and legally described as follows: Lot 30, Block 1, Baldur Park, Hennepin County, Minnesota (hereinafter "proper^); 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 September 17, 2001 at which times all persons desiring to be heard concerning this application were given the oppomtnity to speak Uiereon; and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 1 and Section 10.56, SuMivision 16 (L) (1) to permit 1.675 s.f. (9.8%) hardcover within 75’ of the OHWL of the lake where 2,113 s.f. (12.4%) exists and no hardcover is allowed; Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to permit 2,885 s.f. (63.6%) hardcover where 3,219 s.f. (70.9%) exists and 1,135 s.f. (25%) is allowed; Section 10.25, Subdivision 6 to allow construction on a lot of 0.495 acres where 0.5 acres is required; and Section 10.55, Subdivision 8 to permit replacement of structure within 75' of the lakeshore for construction of a new residence on the property. Minnesota: 1. 2. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS This application was reviewed as Zoning File #01-2714. The property is located in the LR-IC One Family Lakeshore Residential Zoning District where 0.5 acre is the minimum lot area requirement The property has a lot area of 0.5 acre. Page 1 of9 m CITYofORONO 1^ RESOLUTION OF THE CITY COUNCIL NO. 4 7 jb «) 3.The Orono Planning Commission reviewed this application on September 17, 2001 and recommended approval on a vote of 7 to 0 to approve variances as requested based on the following findings; A. B C. D. E. F. Property owners propose to remove the existing residence and construct a new residence. The property is located at the end of the Baldur Park peninsula. Because the lot is located at the end of the peninsula most of the lot area (79% of the lot) is located within 75’ of the lakeshore. Only a small portion of the property is located outside of the 75' setback. Due to setback requirements, most of the 75* - 250' setback area is not buildable due to sueet setback and side setback requirements. The property is located in the MUSA area. The applicant's house is the only house on Baldur Park not connected to sanitary sewer. The property is not served with sewer because the sewer service stops at the end of the public maintained Baldur Park Road. The existing residence is not connected to sewer because an easement for utility or sewer purposes would be required across the adjacent properties to Baldur Park Road. The property has an easement for driveway purposes only. The Council approved a preliminary plat subdivision approval in 1982 for two lots between the subject property and the end of the maintained Baldur Park Road. Using the preliminary subdivision approval from 1982, the City can assume there is a possibility that there are two building sites south of the property. Based on this assumption, a total of 3 lots will ultimately require sewer connection. The property also has an easement over Lot 31 for private septic purposes. There is one system located on Lot 31 that is listed as compliant because it is more than 3' above the seasonal water table. The system is QQi compliant with all regulations because the entire drainfield site is located within 75' of the lakeshore. Occupancy of a new house requires the septic to be replaced. Page 2 of9 GlTYofORONO RESOLUTION OF THE CITY COUNCIL NO- 4 7 2 0 5. 6. 7. 8. 9. 'A G. The proposed structure does not exceed 15% of the lot area. 4. The property is located within the Metropolitan Council defined Metropolitan Urban Services Area (MUSA). Only properties within the MUSA are permitted to have sewer connection. The Baldur Park peninsula was part of the 1965 LS #1 sewer project. The house is located on Lot 30, Baldur Park about 500' to the existing municipal sewer line in the Baldur Park Road right of way. Completing the connection to the municipal sewer line requires a public utility easement over the adjacent properties to the east. All of Lots 21 through 33, Baldur Park were in common ownership at the time sewer was installed in Baldur Park Road. The house located on Lot 30 was required to connect to sewer following final installation of the sewer. In 1974 Lots 21 through 29 and Lot 33 were sold separately from Lots 30 and 31. Lot 31 was later sold separately. Before Lot 31 was sold separately an easement was granted in benefit of Lot 30 for a private sewage disposal system. The existing private sewage disposal system located on Lot 31 for the house on Lot 30 is non-compliant due to the system being located within 75' of the lakeshore of Lake Minnetonka. The properties east (Lots 21 through 29 and 31 through 33) are under common ownership, although separate ownership fi-om Lot 30. At the October 8, 2001 City Council meeting the property owner of Lots 21 through 29 and 31 through 33 has offered to grant a public utility easement to allow connection for Lot 30 to municipal sewer, and a willingness to share in the expense for sewer construction. 10. The City of Orono has adopted a sewer policy as part of the 2000-2020 Comprehensive Plan. The sewer policy states the following as it relates to areas in Orono that are within the MUSA: A.The primary method of sewage treatment and disposal within the Urban Area will be municipal sewer. Page 3 of 9 i ClTYof ORONO RESOLUTION OF THE CITY COUNCIL NO. ^^ 2 0___ 11. 12. 13. 14. B.Orono will provide municipal sewer to lakeshore areas and nondakeshore areas within the MUSA when it is determined that municipal sewer is preferable to long-term use of on-site sewage treatment areas. C.All sewer-serviced properties must be connected. Consistent with the regulations of the Minnesota Health Department and the MCES, every building intended for human habitation, occupancy or use shall be provided with suitable sanitary facilities and shall be connected to the municipal sewer system whenever a sewer lateral serves the property or is within a reasonable distance of the property. Municipal Code Section 12.30 regulates individual sewage treatment systems for the City of Orono. This section requires that building permit applications for new residences require Code Systems. The existing system is not a Code System because it is located within 75' of the OHWL of Lake Minnetonka. It is the position of the City of Orono that a new residence should connect to municipal sewer service following extension of the sewer line from Baldur Park Road. The existing house was required to connect to municipal sewer following the 1965 LS 1 project and did not. The property is located within the MUSA and in the Shoreland Overlay District. In the Comprehensive Sewer Policy Plan (CMP Part 4 (C)) a principal goal of Orono's plaiming program is the protection of natural resources and environmental amenities, particularly the water quality of Lake Minnetonka. The major pollutants affecting Lake Mitmetonka are contained in sewage effluent and stormwater runoff. Orono's sewage treatment policies are directed at minim.2ing or eliminating pollutant sources. The Council finds that connection to municipal sewer is the only viable long term solution to protecting the water quality of Lake Minnetonka. A private sewage treatment system, on the point of the Baldur Park peninsula would have lakeshore on three sides of the system. Page 4 of 9 'M dm 1 GlTYofORONO RESOLUTION OF THE CITY COUNCIL NO. 4 7 2 0 15.The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 16.The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivision 1 and Section 10.56, Subdivision 16 (L) (1) to permit 1,675 s.f. (9.8%) hardcover within 75' of the OHVVL of the lake where 2,113 s.f. (12.4%) exists and no hardcover is allowed; Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to permit 2,885 s.f. (63.6%) hardcover where 3,219 s.f. (70.9%) exists and 1,135 s.f. (25%) is allowed; Section 10.25, Subdivision 6 to allow construction on a lot of 0.495 acres where 0.5 acres is required; and Section 10.55, Subdivision 8 to permit replacement of stmcture within 75* of the lakeshore for construction of a new residence on the property subject to the following conditions: 1.The existing non-compliant septic system is required to be abandoned per state and local requirements and a new residence shall be connected to sanitary sewer. If it is determined cormection to sanitary sewer is not possible additional review of the variances by the Council is required. Page 5 of9 . * ► iK/ GITYofORONO RESOLUTION OF THE CITY COUNCIL 4720NO. 2. 3. 4. 5. Any amendments to the individual site and building plans shall require Building and Zoning Department Staff approval. Staff findings shall be made that the final site and building plans are consistent with the approved plans. The Building and Zoning Staff shall refer any plans to the City Council that are found to not be consistent with the variance approvals. Authorities granted by this variance run with the property not with the applicants, but 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 e.\pire on that date (November 13, 2002). Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicants have read, xuiderstood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of Uie property. Page 6 of9 A.'i''- r GITYof ORONO RESOLUTION OF THE CITY COUNCIL 4 T 0NO, Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 13"' day of November, 2001. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owners STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 13th day of November, 2001 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was exe'*''ted on behalf of the City. DENISE RLESKINEN^ jL Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this /y day of November, 2001 by Linda S. Vee, City Clerk of the City of Orono, a Mirmesota municipal corporation and said instrument was executed on behalf of the City. i DENISE RLESIONgl Notary Public Page 7 of 9 4 r CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 47 2 0 STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of ..20 j>ersonalIy appeared before me. , who is personally known to me M^diose identity I proved on the basis of \^ose identity I proved on the oath/afTirmation of ________________, a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as hls/her/their free act and deed. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of .20. jjersonally 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 . a credible witness and who executed the foregoing instrument, ap.i acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public Page 8 of9 4720 CERTIFICATE OF SURVEY FOR . FRED PUZAK OF LOT 30. BLOCK 1, BALOUR PARK HENNEPIN COUNTY, MINNESOTA ^ „ fWJRseep Hoffi CXHI&IT A LAKE Minnetonka LtCAL ocscurtcw Of PMUSeS 14,. 2oo\ A*tD itaoPiZo CMAtfXTT CO. Ra'>«>MC2 2a3^«TTH. Lei 30. BiecL I. loldur Po^k. le^tlhtf »,|h on totemffit for prnrolt tt»tr tytitm purpotts ovtr tot 31. Blech I. P^V**, ot cenlointd In Ooc. Ho. U40SB1. P^tc of Otg^sUer #f Titttt. Hemtpln Cotftty. MInnttola CCT 2 • tool O : Benolet Iren morhtf (trai): 4tnoltf tiltUng tpol eifvolSoa mcon tco it«tl dotun • ^f#4-------: Bcneltt tpn\o^r Knt. mten tto lf*el delwm NOTC : Thif centos Merrnor.on it -m Oeerinff tho«n ore 6omB upon”oiT oliG^d LAtfl-Jcem otrwi> Qottd H-9-B I, Tf^t iirvty Snltntft to the* the Boundbrtte of Ui# obe«e Btter^ti propvly. the loeolioo of ee eilttinB heutt. on4 the tecoHon of pi «i*tM *^deov^* Ihertofi II Boot not piPperl to tho« ony other bf^ovotnoolt or oncroodvrwtt. 4 OOmiUCIIM|ltK,ll|r. h«4oiiie mdbl tti uiffvt te fUHrf m Imaiqt ovt^it.ioiB uoc m um * ei|h«7>.4UI no* I M A Ml* i«t SEPTIC SYSTEM APPROVAL ORONOCOPY T> ClTYoTORONO Municipal Offices StTHt Addrist: 2750 Kelley Parkway Orono, MN 55356 MaWnf Ad*ns: P.O. Box 66 Crystal Bay. MN 55323-0066 Owner Phone (Home) Address iJ City Occr>Q (Work). State Zip Site Evaluator iCttiv State License Phone# "TCS ~ 26 >7 TvneofEstablisliment: Single Family V---- Multi Family. St. Gallons Per Day. P€:_ Soil Sizing Factor f« C ^ Perc Rates P-1 P-2 liA P-3iSA P-5 P-6 P-7 B-5 B-6Restricting Layer Depth B-1 i.l B-2 B-3 B-4 Type of Treatment System: Standard Alternative___ Other___ Performance_____ Pressurized Mound System_____________ At-Grade System_______ Gravity Trenches System___________ Pressurized Trench System Gravity Trenches W/ Lift. Holding Tank W/ Alarm_ Septic Tank Size Pump Brand__________ # of Tanks GPM LtO Pressurized Bed System Xf ^ Lift Tank Size (^cO Head Treatment System: Minimum *7 5*0 Square Feet with C inches of rock below pipe ■Mound Bed Mound Treatment Area THIS IS NOT A PERMIT. This is a design approval form which must accompany the site plan. A permit must be issued to a licensed septic contractor prior to installation. NOTICE TO INSTALLERS: Any changes to the approved plans must have prior approval of the inspector (952-249-4600) Call for inspection 24 hours in advance. ALL DRAINFIELD AREAS MUST BE FENCED OFF prior to building site e.xcavation and fencing must remain in place until final site grading. Approval to pour footings will not be granted until the Inspections Department has verified the primary and alternate sites are protected. NO VEHICULAR TRAFFIC OF ANY KIND is allowed within 20' of tested drainfield sites ever. ACCEPTED S/ DENIED______By the City ofOrono subject to existing regulations and ;he following conditions:__________________________________________________ - Vieo 5*A\\ 0 vir $;V«. «\\\ ~V^/jV-r S -V. , C-17-01. Matt Bolterman, On-Site Systems Manager Date 'Rkpiume (952) 249-4600 • Fu (952) 249-4616 www.ci.oronoann.us i Li...... Applkatioii Deadline: 60 Day Deadline: 120 Eitcntion: Applicant Eitcntion: 1/24/03 3/25/03 5/23/03 6/15/03 JUN 2 3 2003 Cl It or UHOiW REQUEST FOR COUNCIL ACflON Deptrtineiit Approval: Name: Jennifer Chaput / Mike Gaffron Title: City Planner / Planning Director Date: May 20,2003 / June 18,2003 ITEM NO. y Agenda Section: Zoning Item Description:#03-2869 Dr. Robert Gumnit 1100 Old Ciystal Bay Road Variances and CUP - Resolution Exhibits: A Resolution B Letters from the public, received 5/19/03 C Staff Report and exhibits of 5/19/03 Planning Commission meeting D Staff Report and exhibits of 2/19/03 Planning Commission meeting Application Summary: The applicant requests the following to reconstruct an existing gravel pathway through wetland to access a 1.8 acre island of land on his p'^operty: 1. variance: hardcover within the 0 to 75 ’ setback zone from the OHWL of French Lake where no hardcover is permitted (pathway reconstruction); 2. variance: grading, filling and excavating within 75 ’ of the OHWL of French Lake where no grading, filling or excavating is permitted (pathway reconstruction and wetland mitigation); and 3. conditional use permit: movement of more than 500 cubic yards of material within the shoreland overlay district (pathway reconstruction and wetland mitigation). The applicant also requests the following to permit keening horses on an intermittent basis on the island of land on his property: 1. variance: agricultural use (grazing of horses) within 150’ of the OHWL of French Lake where no agricultural use is permitted; and 2. variance: a fence within 150’ of the OHWL of French Lake where no fences are permitted. Pertinent Code Sections: 1. Section 10.56, Subd. 7 (A) and Section 10.56, Subd. 16 (C) (1): Natural Environment Lakes: French Lake is classified as a Natural Environment Lake, requiring a structural setback of 150’ from the OHWL of 930.5’. 2.Section 10.22, Subd. 2, Section 10.56, Subd. 16 (LXl) and Section 10.56, Subd. 16 (J)(3): Hardcover within 75*: No hardcover or impervious surface shall be placed, located or constructed within 75 feet of the Ordinary High Water Level of any lake or tributary. (Request: to permit hardcover within the 0 to 75 ’ setback zone from the OHWL of French Lake where no hardcover is permitted). i M3-2869 May 20 2003 / June 18,2003 Pase2 3.Section 10.55, Subd. 8: Grading, Filling & Excavating within 75*: No filling, grading, dredging, excavation, hardcover, temporary or permanent structures, obstructions, septic systems, well or other construction shall be allowed on any land within 75 feet of the ordinary high water elevation of any lake shoreline, nor on land abutting, adjoining or affecting said area. (Request: to permit grading, filling and excavating within 75’ of the OHWL of French Lake where no grading, filling or excavating is permitted). 4.Section 10.56, Subd. 16 (J) (4b): Movement of more than 500 cubic yards: For movement of more than 500 cubic yards of material anywhere within the Shoreland Overlay District, conditional use permit approval by the City Council is required in addition to the required land alteration permit. (Request: to allow movement of more than 500 cubic yards of material within the shoreland overlay district). 5.Section 10.20, Subd. 3 (M) and Section 10.28, Subd. 4 (A): Animals: Animals shall be a permitted accessory use in the RR-1B district. A minimum of two acres of open pasture must be available for a single horse and one additional acre must be available for each additional horse. 6.Section 10.56, Subd. 16 (N) (1): Agricultural Use: When permitted in the underlying zoning district, general cultivation, farming, grazing, nurseries, horticulture, truck farming, and wild crop harvesting shall be allowed in the Shoreland Overlay District except that no such activity shall occur within the shore setback zone. (Request: to permit an agricultural use (grazing of horses) within 150’ of the OHWL of French Lake where no agricultural use is permitted). 7.Section 10.03, Subd. 15 (G) (2 c): Lakeshore lot fences: Fences shall not be constructed within the defined lakeshore yard of a lakeshore lot, i.e. shall not be located within 150 feet for Natural Environment Lakes. (Request: to allow a fence within 150' of the OHWL of French Lake where no fences are permitted). PLANNING COMMISSION: Planning Commission recommended by a 6 to 0 vote to: Approve the variances and a conditional use permit to reconstruct an existing gravel pathway through a wetland to access an island of land on his property with the following conditions: 1. Permit approval from Minnehaha Creek Watershed District is required prior to construction on the property; 2. Review and approval from the City Engineer is required prior to construction on the property; and 3. The property owner will have the ability to routinely maintain the pathway, as approved. <! IH03-2869 May 20 2003 /June 18.2003 Page 3 Planning Commission recommended by a 3 to 3 vote to: Approve the variances to permit keeping horses on the island of land on his property on an intermittent basis with the following conditions: 1. No more than 4 horses for a period of two weeks at a time and no more than 20 weeks out of a calendar year will be permitted on the island; and 2. Fencing may be located no closer than 26 ’ from the OH WL of French Lake. Wetland vs. Lake Boundary Discussion; Future Shed (MPG 6-18-03) An issue for discussion is the status of the wetland as part of the French Lake basin vs. as merely a large wetland with a smaller open water lake in the center of it. This lake basin is unique to some extent in that its boundary was established by the DNR in 1991-92 as the border between the wetlands and the high ground, as opposed to the border between the open water and the wetlands. Prior to that date, the City had treated the wetlands merely as wetlands, and had allowed structures to be built up to the 26 ’ wetland setback line. Adoption of th : Shoreland Ordinance in 1992 established a 1 SO’ setback requirement, making a number of existing homes nonconforming and severely limiting the ability of surrounding properties to develop. It has been noted by the applicant and in the resolution findings that the 150 ’ OHWL setback makes a significant portion of the property unusable for many uses that would formerly have been allowable. From the island of land in question, wetlands extend some 600 ’ before open water is reached; and this is 600' to the edge of the permanent wetland, not to the edge of floating bogs which visually would make the open water basin vary in shape over time. The applicant has suggested that the unique nature of this basin, with 600 ’ of wetland to filter runoff before it reaches open water, should be considered as supportive of allowing horses to graze (and allow a fence to be constructed) as near as 26 ’ to the wetland edge while maintaining an undisturbed 26 ’ buffer. This would have been the City ’s policy before 1992. Applicant suggests that a finding that this should functionally and administratively be considered as a wetland rather than a lake, would result in the City not having to grant a variance and therefore not set a negative precedent. Although staffagreed with applicant during a meeting with him on 6-J8- 03 that this may have merit, on second thought it is merely a strong argument for granting the variance rather than to justify administratively ignoring the established lake boundary. Applicant would prefer to not have to make a future variance request to the City for a loafing shed less than 150 ’ from the OHWL, and would request that a general approval be granted as part of this application to allow such structure if he chooses to build it, meeting the 26 ’ setback but not forced to meet the 150 ’ setback. No specific location is proposed, but applicant has noted and Planning Commission has acknowledged that the only location meeting the 150 ’ setback would be at the high point of the island where a shed would be most visible to tirighboring la;tdowners. Granting the variance would allow the shed to be placed where it would have minimal visual impact. 3 1i M3-2M9 May 20 2003 / June 18,2003 Pate 4 The attached resolution contains a finding regarding the unique geography of the island site as supportive of granting a variance for the fence. Council is asked to consider whether the granting of a variance to allow the placement of a shed somewhere on the island meeting the 26’ wetland setback, is similarly justified. Since no shed location, size or design has been proposed or reviewed to date. Council may wish to have applicant agree to some limits or parameters for such a structure. If approval of such structure is accepted by Council, an additional condition documenting such parameters would have to be added to the resolution. Zoning Status This property and the areas surrounding French Lake are zoned RR-IB (Rural Residential, 2-acre) which allows for animals as an accessory use on the property. When French Lake was classified as a Natural Environment (NE) lake with adoption of the Shoreland Ordinance in 1992, the property administratively became a lakeshore property but was not rezoned into a lakeshore district (LR-IA would be the 2-acre zone equivalent). In LR- districts, animals are not permitted outright but only through a conditional use permit. Most of Orono’s NE lakes are in the rural zoning districts. STAFF RECOMMENDATION: Staff recommends adoption of the attached resolution. Staff agrees with the Platming Commission’s recommendation to permit reconstruction of the gravel pathway since a pathway already exists and will continue to be used regardless of this application. Reconstruction of the pathway will ensure that it is a safe access, permitting the property owners to maintain the land as has been requested. The Planning Commissioners were split on the decision to allow horses on the island of land. Since the proposed horse use will only be on an intermittent basis, staff is comfortable with the Planning Commission’s motion for approval with conditions, even though the motion received a split vote. However, if the use becomes more permanent than currently proposed and establish^ in the resolution conditions, the property owners will be required to gain City approval to amend the conditions of this application. While the topography of the island suggests that a shed location meeting the 1 SO’ setback would be highly visible and potentially more visually intrusive than a location not meeting the setback, no specitlc shed design/size/location has been proposed. The public process for granting a variance would be compromised i f such a variance is granted without amending the appUcation, and tiolding a further public hearing. Therefore, staff does not re jommend approval of a shed less than 150 ’ from the OHWL at this time, and would suggest the application be amended and a further hearing held if applicant wishes shed approval. I ■ ! y I ; i f: i03-2M9 May 29 2093 / June 19,2993 Pages COUr^XlL ACTION REQUESTED: To aaopt or amend the enclosed resolution which approves the gravel pathway reconstruction and grants conditional approval for the horse use. J A RESOLUTION GRANTING VARIANCES AND A CONDITIONAL USE PERMIT TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2; SECTION 10.56, SUBDIVISION 16 (LKD; SECTION 10.56, SUBDIVISION 16 (JK3); SECTION 10.55, SUBDIVISION 8; SECTION 10.56, SUBDIVISION (JK4b); SECTION 10.56, SUBDIVISION 16 (NKO; AND SECTION 10.03, SUBDIVISION 15(G)(2c) FILE NO. 03-2869 WHEREAS, Dr. Robert Gumnit and Francis Graham, husband and wife, (hereinafter "the applicants") are the owners of the property located at 1100 Old Crystal Bay Road, within the City of Orono (hereinafter "the City") and legally described as follows: Exhibit A” attached, Hennepin County, Minnesota, (hereinafter “the property"); and WHEREAS, the applicants have applied to the City for variances and conditional use permit to Municipal Zoning Code Section 10.22, Subdivision 2; Section 10.56, Subdivision 16 (L)(l); Section 10.56, Subdivision 16 (J)(3); Section 10.55, Subdivision 8; Section 10.56, Subdivision (J)(4b); Section 10.56, Subdivision 16 (NXl); Section 10.03, Subdivision 15 (G)(2c) to reconstruct an existing gravel pathway through wetland to access a 1.8 acre island of land on the property, constituting hardcover within the 0 to 75 ’ setback zone from the OHWL of French Lake where no hardcover is permitted; grading, f 'ing and excavating within 75 ’ of the OHWL of French Lake where no grading, filling or excavating is permitted; movement of moi : than 500 cubic yards of material within the shoreland overlay district; and to permit keeping horses on an intermittent basis on the island of land, an agricultural use >\ithin 150’ of the OHWL of French Lake where no agricultural use is permitted; and a fence within 150’ of the OHWL of French Lake where no fences are permitted, located in the RR-IB 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 Pb; ig Commission held a public hearing on February 19, 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, Page 1 of 6 i r 1. 2. 3. FINDINGS This application was reviewed as Zoning File #03-2869. The property is located in the RR-1B Zoning District, where 2 acres is the minimum required lot area. The property consists of approximately 25.4 acres. The Orono Planning Commission reviewed this application on February 19,2003 and recommended to table the application by a vote of 6 to 0 to the applicant to address certain issues. The application was heard again at the May 19, 2003 Planning Commission meeting. A recommendation to approve the proposed pathway with associated variances and conditional use permit was made by a vote of 6 to 0. The Planning Conunission recommended approval of the horse use on the island with associated variances with a vote of 3 to 3. 4. The Planning Commission made the following findings of fact: A. There is currently a pathway in place that provides access to the island. If the applicant is not permitted to improve the pathway, it will likely continue to be used in its unsafe state; B. Horses are a permitted accessory use in the zoning district. The applicant is proposing less than the number of horses permitted on land of this size, on an intermittent basis; and C. The use of the island will not negatively impact the health, welfare of safety of the public nor negatively impact neighboring views. S. The City Council makes the following additional flndings: A.The 150 ’ GHWl. setback established when the Shoreland Ordinance was adopted by the City in 1992 makes a significant portion of the property unusable for many uses that would formerly have been allowable B.From the island of land in question, wetlands extend some 600 ’ before open water is reached; this is 600 ’ to the edge of the permanent wetland, not to the edge of floating bogs which visually would make the open water basin vary in shape over time. The unique geography of this basin, with 600 ’ of wetland to filter runoffbefore it reaches open water, is supportive of allowing horses to Page 2 of 6 I 6. 7. 8. graze (and allow a fence to be constructed as proposed) as near as 26' to the wetland edge while maintaining an undisturbed 26 ’ buffer. 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 finds that granting conditional use permits will not be detrimental to the health, safety or general welfare of the public, will not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives 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 and a conditional use permit to Municipal Zoning Code Section 10.22, Subdivision 2; Section 10.56, Subdivision 16 (L)(l); Section 10.56, Subdivision 16 (JX3); Section 10.55, Subdivision 8; Section 10.56, Subdivision (J)(4b); Section 10.56, Subdivision 16 (NKO; Section 10.03, Subdivision 15 (GK2c) to reconstruct an existing gravel pathway through wetland to access a 1.8 acre island of land on the property, constituting hardcover within the 0 to 75' setback zone from the OHWL of French Lake where no hardcover is permitted; grading, filling and excavating within 75’ of the OHWL of French Lake where no grading, filling or excavating is permitted; movement of more than 500 cubic yards of material within the shoreland overlay district; and to permit keeping horses on an intermittent basis on the island of land, an agricultural use within 150* of the OHWL of French Lake Page 3 of 6 r, f i 1 where no agricultural use is permitted; and a fence within 150’ of the OHWL of French Lrdce vtdiere no fences are permitted. Approval is subject to the following conditions: 1. 2. 3. 4 . 5. Council approval is based on the site plan submitted by the applicant attached to this resolution as Exhibit B. Any amendments to the site plan may require further Plaiming Commission and City Council review. Approval is subject to the following: a) Permit review and approval from Minnehaha Creek Watershed District is required prior to construction; b) Review and approval from the Department of Natural Resources is required prior to construction; c) The property owner will have the ability to routinely maintain the pathway, as approved; d) No more than 4 horses for a period of two weeks at a time and no more than 20 weeks out of the calendar year will be permitted on the island; e) Fencing may be located no closer than 26’ from the OHWL of French Lake; and i) Fencing shall be made of a low visibility material ano no more than 6’in height, limiting visibility from off-site. Authorities granted by this variance run with the property not with the ^plicants, 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 (June 23,2004). 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 (Thain of Title of the property. Page 4 of 6 Ll ; Adopted by the City Council of the City or Orono, Minnesota at a regular meeting held on the 23rd day of June, 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 23rd day of June, 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 COUNTS' OF HENNEPIN The foregoing instrument was acknowledged before me on this day of June, 2003 by Linda S. Vee. City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 5 of 6 M 1 STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of .2003, appeared before me, ____who is personally known to me ____whose identity I proved on the basis of personally whose identity 1 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 act and deed. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this__day of q)peared before me. ,2003, I personally who is personally known to me whose identity I proved on the basis of vhose identity I proved on the oath/afTirmation of credible wimess ..a and who executed ihe foregoing instrument, and acknowledged that he/she/they executed die same as his/her/their free act and deed. Notary Public Paged of6 PAf<LLi._C raoM -r(. of Oo»rm«( I.o«. S a«/ 8. S.e<(«. 9. ro.«.AI/, 117 Morth, D^. 23 *«« ot 1h. Sth 8r.V.eip»l /^•rlrfion deacribBd os followa: £os£ C»^ n^cn ii/i# or tno /tori^o <ogn oo fmmi' thanca Sou</i </<»greo* 32 minutas 15 seconds £aat minutes 35 socog/o fo«< o a po?n< o!! *S ias< (ino of .oiV Section 9 «fistanf £XCCPT those parts of said Oouemment Lots 6 on^ 8 described as follows: S;?(i**8".^^58^?~<M jo"SJoSj/Sif. or3«0.96 t„t to <8, po(«.« o7 b„i,<nin,. - 4 44^ •^Poi’fil A*'* thencB South €8 doaroes 49 minutes 00 seconds fast a distance?T5~r^ ♦.' m~(in5 sj’is'sdmmnnihmdf thence Sout/i 79 deorees 43 minutes 40 seconds West a distance of 202m02 \% IS Miftlifoa 50 seconds Last o distance of 181*37 feet: thence 5outh 2 degreesfeeti 157 7^fo^• e^onco So!S 24 degrees 74 m^utes 20 seconcfs l*cs< o disTo'!^i*lf^2a:7rfle\ ti tfi tinier lirl of County Pood No* 51 and said center line there terminating. And of the location of all buildings, thereon, and ell visible encroachments, if any, from or on said land, s^veyed by me this 11th day of December, 1972. • ^ rV . ... 1..»%•>.•«• iutite ymsj* e..* 4tr4 t ; a imm S • ? ,V‘v , t ■ •A", •■^^ r MNCzm/t^ 12). Cofureff USOGUCvjdel&^^eai \lo:(f^(’S'>UlUi/’-j Qj^cLft X'U^ U/( (^<J i/jL /yjujhh^'' ^ ^ /'^<t.u j:^ /Tjudhu- fc j p,ofko 'i ^ ^ 'A ■?*, -:“'^^'''t'-...... i, Vl/Jjt fUok /A ^ ^ 4^ 4 J ®a ^ / ,L rj / / / ,„' /<^7 ^T'fis jz /irai'rioi^TK, I ite ...to ..... i f ~ *“ '**" *‘‘"- /^//i J ^ ^ V' i I i ?< i f V'-vr'. '• ’.1 •' ' ■ ' -^'v^^'l. ''t* !-V ! . ■^' * ,-‘-4 ■>' ‘t ^. * -. ■ V .'■ -. n c^^^■ ri</^Vlutf/'(-fi^'^4) -ia ayJ<^/-a^A^ -:j.w • y^l * * * •• / • . • j§m • • p #•#» •> .* • ^ *.# #* ^ . • f‘. 4 r..... .1 V / ■/ ■. -^ r-' -v f-' <:• mm A) f /< 7- * <» <Y- y <? N{ .r^ **.j- • w ‘-T' '^'N • • ;'0, I **■'t / ./ _/ct t> /^ / ^ h/ K • \ ’■"' ^ iiiiiiil^i" i I j t ^■A > -A ■i ' / V ?■■'• ■'i.AV >5-A MiaouamiM nW -------- (^Merro (umctiy Application Received: Application Complete: 60 Day Deadline. 60 Day Extension; 120 Day Waiver: 1/21/03 1/24/03 3/25/03 5/23/03 Not Received TO:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Jennifer Chaput, City Planner DATE:May 13,2003 SUBJECT: #03-2869 Dr. Robert Gumnit 1100 Old Crystal Bay Road CUP and Variances Zoning District: Lot Area: RR-IB One Family Rural Residential (2 acres) 25.4 acres (1,106.424 sX)________________ Application Summary: The applicant requests the following to reconstruct an existing gravel pathway through wetland to access a 1.8 acre island of land on his property: 1. variance: hardcover within the 0 to 75’ setback zone from * ; OHWl of French Lake where no hardcover is permitted (pathway reconstruction); 2. variance: grading, filling and excavating within 75’ of the OHWL of French Lake where no grading, filling or excavating is permitted (pathway reconstruction and wetland mitigation); and 3. conditional use permit: movement of more than 500 cubic yards of material within the shoreland overlay district (pathway reconstruction and wetland mitigation). The applicant also requests the follow ing to permit keening horses on an intermittent basis on the island of land on his propeity: 1. variance: agricultural use (grazing of horses) within 150' of the OHWL of French Lake where no agricultural use is perm ‘*.td; and 2. variance: a fence within 150’ of the OHWL of French Lake where no fences are permitted. This application was tabled at the February 19,2003 Planning Commission by a vote of 6 to 0. 'fhe applicant was directed to discuss the proposal further with the Minnehaha Creek W’atershed District, the Department of Natural Resources, opposing property' owners within the neighborhood and to revise the proposal according to the Planning Commission ’s comments. The applicant has taken the Plaiming Commission ’s advice and discussed the proposal with the MCWD and DNR. However, he has chosen to move forward with the same plan as reviewed in February , w ith clarification of some of the concerns voiced at the meeting.________________ 0OS-2869 Dt Robert Gumnit yiy\m Pnge I of 6 i Exhibits: A Letter from the applicant Minnehaha Creek Watershed District Correspondence Revised Plans Staff Report and exhibits of 2/19/03 Planning Commission meeting Public Letters of Opposition 2/19/03 Planning Commission meeting minutes B C D E F Pertinent Code Sections: 1. Section 10.56, Subd. 7 (A) and Section 10.56, Subd. 16(C)(1): Natural Environment Lakes: French Lake is classified as a Natural Environment Lake, requiring a structural setback of 150’ from the OHWL of 930.5’. 2. 3. 4. 5. 6. Section 10.22, Subd. 2, Section 10.56, Subd. 16 (L)(I) and Section 10.56, Subd. 16 (JK3): Hardcover within 75’: No hardcover or impervious surface shall be placed, located or constructed within 75 feet of the Ordinary High Water Level of any lake or tributary. (Request: to permit hardcover within the 0 to 75 ’ setback zone from the OHWL of French Lake where no hardcover is permitted). Section 10.55, Subd. 8: Grading, Filling & Excavating within 75*: No filling, grading, dredging, excavation, hardcover, temporary or permanent structures, obstructions, septic systems, well or other construction shall be allowed on any land within 75 feet of the ordinary high water elevation of any lake shoreline, nor on land abutting, adjoining or affecting said area to permit grading, filling and excavating within 75' of the OHWL of French Lake where no grading, filling or excavating is permitted). Section 10.56, Subd 16 (J) (4b): Movement of more than 500 cubic yards: For movement of more than 500 cubic yards of material anywhere within the Shoreland Overlay District, conditional use permit approval by the City Council is required in addition to the required land alteration permit. (Request: to allow movement of more than 500 cubic yards of material within the shoreland overlay district). Section 10.20. Subd. 3 (M) and Section 10.28, Subd. 4(A): Animals: Animals shall be a permitted accessory use in the RR> 1B district. A minimum of two acres of open pasture must be available for a single horse and one additional acre must be available for each additional horse. Section 10.56, Subd. 16 (N) (1): Agricultural Use: When permitted in the underlying zoning district, general cultivation, farming, grazing, nurseries, horticulture, truck farming, and wild crop harvesting shall be allowed in the Shoreland Overlay District except that no such activity shall occur within the shore setback zone. (Request: to permit an agricultural use (grazing of horses) within 150' of the OHWL of French Lake where no agricultural use is permitted). tt03-2869 Dr. Robert Cumntt 5/13/2003 Page 2 of 6 ! J r 7.Section 10.03, Subd. 1S (G) (2 c): Lakcshore lot fences: Fences shall not be constructed within the defined lakeshore yard of a lakeshore lot, i.e. shall not be located within I SO feet for Natural Environment Lakes. (Request: to allow a fence within 150 ’ of the OH WL of French Lake where no fences are permitted). Discussion: The application is two pronged: to permit the reconstruction ofa 11’ x 122’ gravel pathway for the property owners to access an island of land on their property; and to allow horses on an intermittent basis on the island. These activities are not permitted without City approval for variances and a conditional use permit. Pathway Reconstruction Hardcover (0 to 75 ’ setback zone) No hardcover is permitted within 75 ’ of the OHWL of any lake. The applicants propose to reconstruct an existing gravel pathway, constituting 1,342 s.f. hardcover, within 75 ’ of the OHWL of French Lake. Grading, Filling and Excavating within 75' of the OHWL No grading, filling or excavating is permitted within 75 ’ of the OHWI. of French Lake. The applicants request grading, filling and excavating within 75 ’ of the OHWL to reconstruct the pathway and to mitigate wetland that is filled as a result of the reconstruction. This will require appro.ximately 2,007 s.f. of filling in wetland and 4,037 s.f. of wetland mitigation. Movement of >500 cubic yards of Material To reconstruct the pathway, it is anticipated that approximately 147 cubic yards of fill will be required if soil conditions are acceptable. However, since soils have not been tested, the amount of fill required for the project is uncertain. Therefore, a conditional use permit request has been added to the application in case more than 500 cubic yards of material is necessary. The following criteria are used to evaluate a conditional use permit: 1. That the proposed location of the conditional use is in accord with the objectives of the Zoning Chapter and the purposes of the district in which the site is located and Comprehensive Municipal Plan; The proposed conditional use is in accordance with the Zoning Chapter and the Comprehensive Municipal Plan to allow for the property owner to safely access a portion on his property. 2. That the proposed location of the conditional use and the proposed condition under which it would be operated or maintained would not be detrimental ta the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; and The proposed conditional use will not be detrimental to the public health, safet>* or welfare or injurious to properties or improvements in the area. 3. That the proposed conditional use will comply with each of the applicable provisions of t^S-2869 Dr Robert Gumnit 5/13/200) Pages of 6 » i the Zoning Chapter. The proposed use will not conflict with other provisions of the Zoning Chapter. Additional evaluation criteria for conditional use applications in a shoreland district are as follows: 1. The prevention of soil erosion or the possible pollution ofpublic waters, both during and after construction; Recommendations made by the City Engineer will be conditions of approval of this application, ensuring that the proper measures are taken during construction. 2. The visibility ofstructures and other facilities as viewedfrom public waters is limited: The pathway is proposed to be reconstructed for safe use. As it exists today, there will be no significant change to the landscape as a result of its reconstruction. 3. The site is adequate for water supply and on-site sewage treatment; and The site is hooked up to City sewer so on-site treatment is not an issue. •/. The types, uses and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft. The proposal does not generate watercraft for the property. Horses Animals Horses are a permitted accessory use in the RR-IB zoning district. The number of horses permitted on the property is broken down as follows: 1 otal lot area: Less wetlands: Less 1 acre for house (Section 10.20, Subd. 3m) 25.4 acres -16.04 acres -1.0 acres 8.36 acres Two acres of pasture are required for the first horse and I acre for each additional horse. Therefore, up to 7 horses would be pemiitted on the property, assuming all 8.36 acres are available for pasture. The applicant does not intend to have horses permanently on the property. From time to time, there may be up to 4 horses on the property, all of which are stabled elsewhere. The applicant has suggested that a temporary' structure may be necessary for the horses, depending on weather conditions. Structures, both temporary and permanent, are required to be located ISO' from the OHWL of French Lake. If the horses are permitted to be located on the island, there is an area within the center of the property which is outside the 1 SO' setback, permitting a temporary' structure without variance approval. Agricultural Use within 150' of the OHWL Agricultural uses, including grazing, are permitted in the Shoreland Overlay District. However, this use is not permitted within the shore setback zone. The shore setback zone for French Lake »0}-2869Dr Robert Cumnit S'tiQOOi Page 4 of 6 .• r. .i: diM is defined as 150’ from the OHWL. Therefore, horses are not permitted to graze within 150* of the OHWL of French Lake, as proposed. The applicant has stated that he has a grazing plan from the Hennepin Conservation District which they intend to follow. At a minimum, the Hennepin Conservation District has suggested that a 15’ buffer should be maintained between the horses and the edge of the wetland. The island is surrounded by wetland which, further out, becomes open water and the delineated edge of French Lake. It is possible to consider that the island is surrounded by wetland, not lakeshore, requiring a 26 ’ setback instead of 150’. Fences within 150 ' of the OHWL The applicant is requesting a fence to keep horses on the island. The fence would be a low visibility fence that would not negatively impact existing wildlife. Fences are not permitted within the defined lakeshore yard of a lakeshore lot. For this property, the lakeshore lot is defined as 150’ from the OHWL of French Lake. Therefore, fencing is not permitted around the island, as proposed. However, if the lake is considered to be wetland surrounding the island as suggested above, the setback would be 26 ’. Other Comments: City Engineer The City Engineer reviewed the application when it was first heard in February. He stated that a typical section of the proposed roadway should be included for review and erosion control measures should be installed, inspected and approved prior to construction activity. Since this time, a wetland delineation report has been received and a typical section of the proposed roadway has been submitted. Due to the lateness of the submission, the City Engineer has not rev iewed this information. City Engineer review and approval will be required prior to issuance of permits. Minnehaha Creek Watershed District Written comments have been received from the Minnehaha Creek Watershed District regarding this application. Formal review of the application for granting of permits will be required. Department of Natural Resources The DNR surveyed the applicant’s property and determined that the pathway is above the OHWL of French Lake and, therefore, does not require DNR review nor approval. Public Comments Prior to the February Planning Commission meeting, five letters of opposition to this proposal were received (attached for your information). However, no one from the public was present at the meeting to discuss their concerns. Hardship Statement: m-2869 Dr Robert CunmU 5/13/2003 Page 5 of 6 The applicant has included his statement of hardship in a letter. The applicant should also be asked for his testimony regarding this issue. Issues for Consideration: 1. There is currently a pathway in place that provides access to the island. If the applicant is not able to improve the pathway, it will likely continue to be used in its existing state; 2. Historically, the island was used as a grazing area for cattle. The property has not been used for this purpose for some time; 3. Reconstruction of the pathway will create hardcover where it is not permitted; 4. Reconstruction of the pathway will require grading, filling and excavating to create the pathway and to mitigate wetland that has been filled, all of which is not permitted within 75’ of the OHWL; 5. A conditional use permit for movement of more than 500 cubic yards of material may not be necessary for this proposal. It is presumed that less than this amount of fill will be required; 6. Horses are a permitted accessory use in this zoning district. The applicant is proposing less than the number of horses permitted on land of this size; 7. Horses are defined as an agricultural use in the zoning ordinance. Agricultural uses may not be less than 150’ from the OHWL of French Lake; 8. Fences are not permitted to be within the 150’ setback from the OHWL of French Lake; 9. The island appears to be surrounded by wetland since there is no open water from French Lake within this area. Should the setbacks for an agricultural use and fencing be 26’ (as required for wetlands) instead of the required lake setback? 10. Historically, staff has been unable to identify any other applications that permited a property owner to fill in wetland in order to access property for an accessory use; 11. Can the property be put to a reasonable use without granting the necessary variances to access the island? 12. Other issues raised by the Planning Commission. Staff Recommendation: The Planning Commission should consider this application in two parts: 1. variances and a conditional use permit to reconstruct access to the island; and 2. variances to permit horses and fencing on the island. If the Planning Commission feels that the applicant’s hardships are justified, approvals should be conditioned by the following: 1. Permit approval from Minnehaha Creek Watershed District is required prior to construction on the property; 2. Review and approval from the City Engineer is required prior to construction on the property; 3. The property owner will have the ability to routinely maintain the pathway, as approved; and 4. The property owner must sign and return the 120 day review period waiver, provided by the (Tity on April 18,2003, prior to May 23,2003. M03-2S69 Dr Robert Cumnlt 5/1-4/2003 Page 6 of 6 i Frances H. Graham Robert J. Gumnit 1100 Old Crystal Bay Road Wayzata, Minnesota Telephone 932-476-4009 Facsimile 992-476-8642 May 13,2003 Orono City Council and Planning Commission Members City of Orono 2750 Kelley Parkway Crystal Bay, MN SS328 #03-2869 Robert J. Gumnit and Frances H. Graham 1100 Old Crystal Bay Road CUP Variance Application Dear Council & Commission Members: A This is to ask that you approve our request for a CUP and Variance to allow us to continue the historic use of our property as a horse pasture. Our request is for permission to improve, maintain, and repair in ^ture years as necessary the existing path that gives us access across a wetland to a high ground, approximately 2-acre grassy knoll located in the middle of our approximately 25-acre property. When we moved here in drier years we had no trouble getting to the knoll. However, with the passage of time and wetter springs, we have had increasing difficulty going onto the knoll. Currently, a deteriorating mud path is our only access to this portion of the property. This muddy trail has slowly deteriorated such that it has become increasingly difficult to get maintenance vehicles onto the knoll to service the land, and dangerous to ride horses through this mud. If we cannot access this high ground on our property, the value of the land will be substantially diminished for its historic use. When we moved to Orono 15 years ago, there were wide open spaces up and down Old Crystal Bay Road and bams and fields occupied by horses. As houses have been built, new landowners have taken over areas previously occupied by wildlife and horses. We particularly noticed this phenomenon next to and across from Noeremberg Park because we often saw ^r herds on the Carpenter estate. They are now gone and there is a putting green instead The proposed CUP an*i variance would allow us to preserve and protect the valuable historic use of our property, rather tbsp s^aiiJoning that use in favor of more suburban develi till City of Orono Planning Commission May 13,2003 Page 2 Orono has a rich history as horse country, and it was this tradition and history upon which we based our decision to purchase this property. While our three horses are stabled in Delano another one in Buffalo, it has been our intention to pasture our horses on the grassy knoll on our Orono property, intermittently but especially prior to weekend horse activities to save us hours of transit time.' If we are not permitted to improve the muddy path to permit pasture of our horses, our purpose for purchasing the property will be frustrated. More significantly, however, an inappropriately strict application of standards to preclude this permitted historic use will represent a continuation of the degradation of this rich Orono tradition and a departure from the city plan calling for maintaining Orono’s rural character. Since this matter was tabled by the Commission, .ve have had the opportunity to find answers to various questions raised by the Commission. Specifically: (1) DNR The DNR staff has resurveyed the access path and determined that the path is above the high water mark of French Lake and a DNR permit is not required. They have determined that the path is 12 feet wide and lies entirely above the high water mark. The DNR representative reported that the DNR therefore has no jurisdiction or objection. (2) Watenhed District The Watershed District representative has inspected the site. Based on that inspection, the Watershed District proposes adding a topping to rehabilitate the present access and mitigation. The attached drawings set out the necessary rehabilitation plan and mitigation, which we understand meet the expressed requirements of the Watershed District. (Please note that the greatest amount of “construction" is the digging to create new wetland, which would be double the size of the path to be topped off. In effect, we are creating more wetland than we are affecting.) We also wish to address some of the clear misunderstandings expressed in written materials submitted by others who neither appeared at the initial hearing nor contacted us to obtain accurate information. From what we can tell, one letter writer has little or no view of the knoll due to leafing trees, and is an extensive distance from the hill. Another letter writer from Rainy Road has no view of our property whatsoever. A third letter seemed unaware of how little we are trying to do in repairing our access. One concern centered on setting a precedent but failed to account for the fact that the reasons for the variance are specific to this knoll and our ability to use it safely for a I'crmitted use. The letter writer does not seem to understand that horses, being “prey" animals, coexist peacefully with wildlife. ' Hones need protection. They frighten easily and run when they do. We need the ability to safely bring them onto the hill in an enclosed space. For security and other reasons they should be located away from the driveways and road. Our use of horses is low impact and docs nut involve commercial purposes. 'i jj /City of OrofM) Planning Commission May 13,2003 Page 3 It is important to sort out urban legends from factual information. Wildlife know how to deal with fences, including electrified ones. Foxes and small animals crawl under fences and deer are well-known to jump them. (Generally, electrification is not placed upon on the lower wire.) In short, the various concerns expressed by the letter-writers are unfounded, and our proposed modifications pose no threat to wildlife or the environment and no interference to our neighbors* enjoyment of their properties. Moreover, our proposal seeks to do far less, in terms of impact on the environment and surrounding properties, than we are allowed to do under existing permitted uses. For example, we have an ongoing right of access to the knoll and to bring a variety of materials, including temporary structures and temporary fences, onto the hill without permission from the city. Technically, we also have the right to build a large accessory building within certain height restrictions on a location 75 feet from the wetland demarcation line. Similarly, technically we have the right to use very visible seven foot high temporary fencing anywhere at least 75 feet fiom the wet land demarcation line and along the top of the knoll. Although we could lawfully exercise all of these rights, causing a greater impact on CMir neighbors and the City, we have attempted to elect a use with minimal impact that reflects sound land management. As members of state and national environmental organizations, we care deeply about the environment and our design application is sensitive to such considerations. We are seeking to create a safe, environmentally responsible use that is less visible and permits better overall use of the grasses, and grass recovery. (That is, by increasing the space accessible for the horses to eat grass, we can do a better job maintaining the height of the grass to a self-sustaining level). We are proposing fencing that would l« electrified high-tensile strength wire that is unobtrusive. (We would note that fencing in this area is a common phenomenon and can lend itself to a traditional rural character.) By placing it lower on the hill it will be less visible than if it is concentrated on the crest of the hill. Absent our permitted agricultural/animal use, our alternative is to subdivide the property for housing development and to use the proceeds to purchase a hobby farm elsewhere. We have paid engineers to develop a plat that includes 5 houses. This is obviously not what we wish, nor do we believe it to be in the best interest of Orono or our neighbors. This development of houses would obviously significantly increase traffic, demands on public services, and probably add a private sewer system. While views and aesthetics arc obviously subjective, we, at least, far prefer the visage of open, undeveloped fields with a few horses, to the alternative views of yet another development with homes and driveways, and the continued inroad upon the rich horse country tradition which brought us to Orono. As noted by the City Planner, this is a unique property with its dry, approximately 2- acre highland surrounded by a marsh. There is no other such property in Orono. We are not proposing a new use, but rather asking for the right to restore the only access to the grassy knoll so that we may maintain and improve it. Otherwise, it is rendered inaccessible and worthless. We will readily agree to perform amelioration of the wetlands, as required by the Watershed District which will create greater than two times the amount of wetland removed. • 1 i CityofOnmo Plmniog Commission May 13,2003 Page 4 The DNR has resurveyed our path and determined that it is 12 feet wide and is above the high-watermark. We will follow the recommendations of the Hennepin County Conservation District with respect to managing manure and run-ofT. Finally, the electric fence which we propose udU be difficult to see even 100 feet away, let alone fiom any neighbor ’s property. In conclusion, this is a clear case of hardship, historic and not self-created. The variance and CUP are necessary to permit any use of tl« approxinoately 2 acre knoll, which represents ^iproximately 20% of our dry land. In the absence of the trail, that dry land is inaccessible, and we are deprived of its use. If we are required to move and subdivide the propcity, a proud tradition and way of life which has historically blessed Orono will continue on a path of elimination. This is to respectfully request that you permit the continuation of this use and grant us the dispensation necessary to enjoy our property and our horses. Respectfully submitted. Robert J. Gumnit Frances H. Graham K'ai'; 16202 MnnetoniiaBivd. Oe«phavsn,MN 55391 PtKKW; (962)471-0590 Fax:(952)471-0682 Emaft adminOininn4hahacrMl(.org Web Site: WNWjnlnnehahacre6k.oro •oardofManagart PamataOBItxt James CalUne Lance Rsbar Monica OroM Sees Thomas Richard Mlar Robert Schroeder 0 Hiiiehaha Creek Watershed District Improving Quality of Water, Quality ofLife Established in 1967 February 13, 2003 Jennifer Chaput City of Orono P.O. Box 66 Long Uke. MN 55356 Dr. Robert Gumnit P.O. Box 85 Crystal Bay. MN 55323 RE: Wetland Alteration at 1100 Old Crystal Bay Road, City of Orono Dear Applicant: This letter is to inform the property owner and City of Orono that after reviewing a brief project description for the location cited above, it appears that the project will require permits from the Minnehaha Creek Watershed District. Once the project design is finalized, MCWD encourages you to submit an application as soon as possible. Projects of this nature will require approval of the MCWD Board of Managers which typically ranges between 30-45 days. Delays in submittals will ultimately result in project delays. Please consult MCWD Rules for guidance on the required exhibits to be submitted with an application. In addition to the items included in the District Rules, the following bulleted items must be submitted as a part of this specific project application: Rule A: Procedural Requirements 1. Submit address labels obtained from Hennepin County which cite the names and addresses of all of the property owners who reside within 600 feet of the project area 2. Notification of approval or preliminary approval from the City Council or Planning Conunission 3. Submit a copy of the Combined Joint Notification Form application (enclosed) Rule B: Erosion Control 1 . Plan must state with detail vegetation and stabilization will occur within 48 hours of completed grading 2. An erosion control plan must be submitted v-ith this application. This includes indication of silt fence and all other necessary erosion control measures, which must be placed on all downhill slopes in areas where grading will occur. Rule C: Floodplain Alteration b V7. e>^2- 1. The proposed project appears to impact floodplain areas of Lake Minnetonlu as well as riparian wetlands. In accordance with MCWD Rule C, there can be no net decrease of flood storage capacity for the lake. Impacts should be quantified by volume and mitigated between the Ordinary High Water level and the 100-year floodplain. Rule D: Wetland Protection 2. A delineation of each basin and delineation report must be submitted 3. Filling and excavation activities are guided by the Wetland Conservation Act. Any impacts must be assessed in accordance with the Wetland Conservation Act 8420.0S 10-0520 4. Buffers must be included in accordance with MCWD Rule D guidelines. Wetland buffers range between 16.S' to 35* and are proportional to the size of the wetland basin. Assess the size of the wetland and desigruite buffers adjacent to all wetland boundaries on the property. As MCWD reviews upcoming submittals, staff may find the need to request additioiuil information, and will so inform you. If you have any questions please call me at (952) 471-0590. Sincerely. Michael D. Wyatt District Technician h i 1 I ‘ -4 uvm SlilM ii i^''- • ■ /; -4r'-•• •^-^' ■■' '• 5? 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SEE MAP 48 » i/i tgt< i'^lEDINA 2600 OfIR Nlli no oEm mil • »♦••»»»* O •.- I • •• __ • M I ■ • «— m .■ ■— • —'» ■■■ ■ ■' • • — — ■ ,J MV* •• • w’ • W‘»-*V«» * . • •>«J .«• •« mmmm ■ *^i« ^ m • V m* I Classen Lake ammma*m$o$] WAHATA WEAR CM M WATERTOWN m tOMffISET S f^ETrtfli® **^.gflR3S5 AAYVlQJjm 800 nUEY IIVO wnTivourEuu. 4Q0 coffin- 18« on 80 0 TMOROUCMIM Line WMITC I 1200»•••«• • •• • • "^7/ %-t mdc„) ♦« Lake Long Lake lONCVIEW cm « fi> ............................................. ABINGDON WAY f A ^ f RUN DATE tl/Oa/tS iATCN 5RS HCIRICPXN COUNTY PROPERTY H^ORHATXON SYSTIH PROPERTY ONNCRS LX5T REPORT NO. PXRSS401 PACE 9 • i \ PROP ADOR OMNER NAME TAXPAYER NANE/AODR PROP ADOR OWNER NAME TAXPAYER NANE/ADDR PROP ADOR OWNER NAHE TAXPAYER NANE/ADDR PROP ADDR OWNER NAHE TAXPAYER NANE/ADDR OWNER NANE TAXPAYER NANE/ADDR 5S M-1I7-2S n 0Ot7 00S98 OLD CRYSTAL DAY RD S CITY or ORONO CITY Of ORONO S35 DROWN RO CRYSTAL DAY HN 55S2S 38 89-117-23 11 0888 88988 OLD CRYSTAL DAY RD S KENNETH N RXFF/JULXE N RXFP KENNETH N RXFF/JULXE N RXFP 988 OLD CRYSTAL DAY RD S . WAYZATA HN 5S391 38 89-117-23 11 8889 81888 OLD CRYSTAL DAY RD S ROOERT 8 ELI2ADETH NELANEO RODERT i ELXZADETH NEUNED 1888 OLD CRYSTAL DAY RO S WAYZATA HN 5S391 • • • % PROP ADDR OWNER NANE TAXPAYER NANE/ADDR 38 89-117-23 11 8818 82985 FRENCH LAKE RD RODERT J 8 JOAN L DAYTON RODERT J 8 JOAN L DAYTM 1 FRENCH LAKE RO WAYZATA HN 55381 38 89-117-23 12 8088 88898 OLD CRYSTAL DAY RD S J A 8 N W TROUP JOHN A 8 NAROARET W TROUP 898 OLD CRYSTAL DAY RO S WAYZATA NN 55391 38 89-117-23 12 8889 88838 ADDRESS UNASSXQNED CITY Of ORONO CITY Of ORONO P 0 DOX 88 CRYSTAL DAY HN 55323 • 38 89-117-23 12 8818 82885 LITTLE ORCHARD WAY THONAS L 8 AXJA HEEHAN Tt»NAS L HEEHAN 8938 DAY COLONY DR 8881 NAPLES FL 39188 38 89-117-23 13 8889 81158 OLD CRYSTAL BAY RO S 0 W 8 D E STEXNIUFEL CREDO W/DENXSE E STEXNHAFEL 1158 OLD CRYSTAL DAY RO S WAYZATA HN 55391 38 89-117-23 13 8888 81828 OLD CRYSTAL BAY RD S KENDALL ELLXS KENDALL ELLXS 1828 OLD CRYSTAL DAY RD S WAYZATA HN 55391 38 89-117-23 13 8089 02898 NORTH SHORE DR C R HOFFNAN 8 J A HOFFHAN GREGORY R 8 JUDITH HOFFHAN 2898 NORTH SHORE DR WAYZATA NN 55391 »• 38 89-117-23 19 8881 01108 OLD CRYSTAL DAY RD S R J CUNNXT 8 F H GRAHAN RODERT GUNNXT/FRANCES GRAHAN 1188 OLD CRYSTAL DAY RD S WAYZATA HN 55391 38 89-117-23 19 0889 88838 ADDRESS UNASSXGNED R J 8 J L DAYTON ROBERT J DAYTON 1 FRENCH LAKE RO WAYZATA HN 55391 38 89-117-23 19 0887 81138 OLD CRYSTAL DAY RD S THOHAS G 8 PHYLLIS D COLWELL THONAS 6 8 PHYLLXS D COLWELL C/O COLWELL INDUSTRIES INC 123 3RD ST N HPLS HN 55901 38 89-117-23 29 8881 ^ 82885 NORTH SHORE DR ‘ HENN CO PARK RESERVE DXST SUBURBAN HENN REG PK DXST 12815 CTY RO 9 PLYNOUTH NN 55991 38 89-117-23 91 8889 88838 ADDRESS UNASSXGNED CHARLES 8 DXRGXTTA SCHOEN CHARLES 8 DXRGXTTA SCHOEN 2938 IKHTTH SHORE DR WAYZATA HN 55391 38 18-117-23 23 8885 88838 ADDRESS UNASSXGNED R C 8 N LUX RODERT C 8 NANCY LUX 1289 FRENCH CREEK DR WAYZATA HN 55391 TOTAL BATCH iOS 88818 7^• ^ • \ « i/•> Mim ■ I M f ivr ^■kT: ■ It,' MM MTE U/ta/IS BATCH SBS MEHNEBIM CMMTV PROfCRTV MFOIMATXON SVSTEH fROPERTY ONNCRS LIST REPORT NO. PZ4SS4I1 PAOC IB • • If" 'O, ' It • • {■SSS.SS y.Sa.'SrST.S.S {STL^" ^ s sr.smss sr^^’'^•nT»s!^r^J^"ssrOP HV KNONLEOOE AND BELIEF. DATE r rnurcRTT TAXATION* TO THE • • s * * \ i » J ■ < •• »•• • TT fe 14. 2250 frendhCrtthCCtdief kronen M^F 55391 City of Orono 2750 Kelley Parkway POBOX66 Crystal Bay, MN SS323 Attention :. Planning Commission Re: Qr. Robert Gumnit's Request for Conditional Use Permit # 03*2869 Planning Commission: The French Creek Owners' Association would like more information on the Gumnit's request for a Conditional Use Permit for the wetlands area adjacent to French Lake. We have a substantial ownership in the "French Creek” wetlands and the initial reaction of several of our members is negative. We are very concerned with the impact to both the overall environmental health and the aesthetics. We do not want to do anything that would disturb the wildlife habitat, change the natural look of the area or alter the water quality. The lake is home is a large variety of birds and other wildlife, including annual visits by Trumpeter Swans. It is a delicate balance that we do not want to see changed. We ar^ anxious to know that the potential ramifications have been seriously considered before any permits to change the area are granted. We would like to be kept aware of developments and have a chance to speak before permits are actually granted. Sincerely, Marcia K. Hanson President, French Creek Owners' Association cc Residents and Board of Directors ? • i ; ; w i i AlUana Capital S^u>. / Aliiano* Capital Managamanl Corporation 601 Sacond Avanua South, 8uNa 5000 MirmaapoNa. MN SS402-4322 1W; (612)673-6223 Fax; (612) 342-2149 Email: Kirsian.BuaonOacmI.oom Kktlan Burton Vica Prasidant >r^ V ^ d; _ o _X» ^i//t6^ ^ C-^7icc-i^tD}Wt//a ,zLX~<f X ''-^CC'7'~^-^\ 'CT'^jC^ 7^*^' ^CC-t'T'TArUt^^^ // c:?cc:'7^>\ U'^A o-t^aP^ co^ A'f- AU^>d ue sjk 4. ^ L t ^ -frj ^ "J}'^ £ 1“'“'^^ i^ i.X-' <Ltdfu( J c ^ ^c c XJ £ujCr^ z I li ^ /t* s^ v (C/s^ ^i/tCi^ . .ijJ( Ctjiui ,.r/^ .• R ^, .. . r. ^;M2/r^u'j/ct-ij^ \^it Cic<^0 // Vl-J^ ^rTtcT4 ^ ac/^cP/n-^ C'-c^‘Urir^c^'/ F y ------------ - - 7J J^'Vji'^ tAj-- (t^'U^^ a-r-A pyii.- ’^■l■f■77i^^ / /^7^-<:.^.V/ ^/tiyCi .AhfU M CinTA^A ~P'^-^ 'fy^ 7t<y- i<-CAy^ ^Ai'U^ /24dyt-<udAA>. A^k' ,j^ /i^r^M ^ ^/ A//^.^rfA(^ ^Li^AAcd # 't/iL^'C^ -• cA^rJ^ /ty / ^ //£■<> ay^^y^- ,. y; y y:i7K ,d ^'n a^ r^/u-r^yT^ <-Jl^yj^eU-^ /> >VL^ ^^S-39/ -----/ c‘/^A ty- i^/;>- ^>9> : I ? ! »ti 4 A^-^dirn.Q c a :c 7 \ i Sharon L. Winslow 1205 French Creek Drive Orono, MN 55391 (952) 404-2889 Qty of Orono 2750 Kelley Parkway POBox66 Crystal Bay, MN 55323 Attention : Planning Commission Re: Dr. Robert Gumnit’s Request for Conditional Use Permit # 03-2869 Planning Commission: I am writing on behalf of my husband and myself to oppose the above referenced permit request of Dr Gumnit. We have a direct view of the property in question, and strenuously object to the proposed use of the property. We are very concerned with the effect on the natunl French Lake preserve, including water quality, noise and disturbance of wildlife, as well as the aesthetics of the preserve. The lake is home is a large variety of birds and other wildlife, both resident and migratoty. We moved to this location away from Lake Minnetonka three years ago in order to enjoy the much mote peaceful and natural lake em'ironment provided on French Lake. We would like to be kept aware of developments and have a chance to speak before permits are actually granted. Sincerelv, (______' Sharon L. Winslow ‘ > -- ’^1' * ,-4 J'- '••Ua 4.'-? • .. i Dr. and Mrs. Kenneth Riff 900 Old Crystal Bay Road Wayzata, Minnesota 55391 MEMO To: The Planning Commission, City of Orono From: Ms. Julie Riff Re: No. 03-2869 Dr. Robert Gumnit Date: February 19,2003 The purpose of this memo is to voice my strong opposition to the application by Dr.Gumnit to fill the wetland, remove more than 500 ubic yards of fill within a shoreland district, install a fence within the setback area, and permit the use of a very small parcel of land for the grazing of up to four horses, even though it will be on an interim basis. We live adjacent to the same wetland and environmental lakeshore. We are extremely concerned about the possible precedent that could be set by granting these variances where no hardship exists. The filling of the wetland without adequate hardship is a huge mistake. The allowing of structiues to be built so close to environmental lake is an additional mistake because it opens up the whole subject of variances and down a slippery slope we might surely go. Lastly, that hill of high ground, being the only high ground in that entire wetland adjacent to French Lake, is the home for large numbers of wildlife. Deer, fox, and many other smaller animals make their homes on that high ground. The introduction of horses in that area and the use of an electric fence will absolutely interfere with the natural habitat provided for these animals. For these reasons, we respectfully but strongly request that the Planning Commission deny the above mentioned request. Thank you for your close consideration of this matter. Sent By: J PETERSON;2305S14654;F8b-18-03 12:29PM;Page 2/2 Jamts 8. Paterson 2280 French Credc Circle Orono, MN 55391 City of Orono 2750 Kelley Parkway POBoxee Crystal Bay, MN 55323 Attn: Planning Commission Per. Oumnit request for Conditional Use Permit # 03-2869 Planning Commission: We Join our neighbors in the French Creek development in expressing our concern regarding the Gumnit r^uest tor a Conditional Use Permit for the wetland area adjacent to French Lake. We share a vested interest in a significant porton of the wetland on the south side of French Lake and are very concerned about the potential negative impact of issues such as grading and filling, runoff from stables/horses, roadways and vehicular traffic adjacent to the lake, etc. We fear the wildlife and habitat of French Lake will be disturbed significantiy as a result of the above actions. Further, we believe a disturbance of the lake of this nature is unnecessary and not in the best interests of the community and its residents. This issue should be fully evaluated and communicated before any action granting permits is undertaken. We would like to be kept informed of any developments and request a chance to express our views before any permits are granted. Thank you for consideration of this input SiRceiely. mes S. and Julia C. Peterson 0 Cl] m • It il Ci]ii \VM{UVA:Ai TITIiT . i:-T iic p.TiTiK WiTiRfriTlTt riiHiirt] ♦ • • njnii I] p.) • Ti It VC^ H V#« I riYTlIrmwsv:[IM ciTifn »H (•] rfiinr^wviTii r»*?4#5TimTt»« • It I■ •RTiriroap.riTiV'.i [•■rrmToj • <aii K «i A I r I» •K.UlOO rilOTiW <*MnriH* Vi raNiiJirii •lOO rj..7TT\*4.- V- (tfi MINUTES OF THE ORONO PLANNING COMMISSION MEETING Wednesday, February 19,2003 6:30 o ’clock p.m. (#03-2869 DR. ROBERT GUMNIT, Continued) listed conditions, plus a sixth allowing the applicant to routinely maintain the drive access as approved. On the other hand, if the Planning Commission feels that there is no hardship to permit the construction of a driveway through a wetland, and that driveway reconstmction is not necessary to preserve the owner ’s rights, then the application for variances and CUPs should be denied. Dr. Gumnit stated that he wished to fill as a maintenance measure to maintain the trail. Chair Smith questioned whether there were other locations on the properly where the horses could be managed. Chaput submitted into record five letters tlie City had received from neighbors in opposition to the application, as follows: Kirsten Burton 2601 Rainey Road, Dr. and Mrs. Kenneth Riff of 900 Old Crystal Bay Road, Sharon Winslow of 1205 French Creek Drive, Marcia Hanson representing the French Creek Association, and James Peterson 2280 French Creek Circle. Dr. Gumnit’s representative reiterated that the proposed driveway had always been an existing path, which had merely deteriorated over time. Dr. Gumnit stated that the road or path had been there since somewhere around the World War II era. The applicant’s representative stated that two scenarios have presented themselves, the MCWD has suggested that a culvert be installed with gravel rock fill and that they steer clear of the OHWL of 930 ’, on the other hand, Julie Eckman of the DNR has suggested that they lay a gcotextile fabric under the gravel with no culvert. He pointed out that neither agency is in agreement or ready to grant approvals and are hoping to hear what the City decides. Chair Smith asked what the purpose for building up the trail would be, for horses, pedestrians, or vehicles. Dr. Gumnit stated that he and his family have always used the path to the hill and they would like to be able to bring a tractor across to clean up the island. He indicated that they would like to bum out the non native junk vegetation on the island and replant it with native grasses and flowers, the proposed electric fence would keep the horses out of the wetland area and be less obtrusive than a wood fence. Overall, Dr. Gumnit believed that his proposed enhancements would be better for the wildlife than what is currently there and offer better views for his neighbors. He reiterated that the wide path leading to the island had always been there but a sunken area was in need of repair. PAGE 18 of 26 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Wednesday, Febniary 19,2003 6:30 o’clock p.m. (#03-2869 DR. ROBERT GUMNIT, Continued) Chair Smith maintained that even the attractive proposed vegetation would be changed by keeping horses on the island. Dr. Gumnit stated that he was familiar with pasture management plans and rotation to avoid problems. He stated that he preferred to keep the horses on the island as opposed to elsewhere on his property in order to avoid removing the trees and wetland. He indicated that the Conservation District felt this was the best place to keep the horses due to the great deal of wetland on his property. Gumnit added that both MCWD and the DNR have made inconclusive recommendations at this time and are relying upon each other, and the City to make the first move. Chair Smith questioned how the applicant would create a water and feed management plan at this site. Dr. Gumnit stated that once he knew what he would be allowed to do, he would be better prepared to make a plan for water and feed. He noted that a manure management plan would simply be picking up the worst of it. He pointed out that the horses were fed and stabled in Delano, and that they would merely be kept at this location for short-term outings and that grazing should be sufficient. C^r Smith inquired about shelter. Dr. Gumnit stated that he had no plans to construct any type of shelter, knowing that he would need to apply for a CUP to do so. As a responsible horse owners, at most, he could foresee building a lean-to structure on the island to protect the horses from the elements in the future and with the approval of the City. Chair Smith agreed that some horses are housed outside all the time and that a simple lean- to structure would be sufficient. Berg felt this was an ambitious plan for short term riding opportunities. Dr. Gumnit stated that they could possibly take the horses out weekly or monthly, he could not say for sure. As there were no further public comments in person, GafTron suggested the Commission address the comments made in the letters. Bremer stated that she agreed with many of the comments and concerns expressed in the letters. She questioned what impact the electric fence might have on natural habitat. I PAGE 19 of 26 I i : II !! I I'l I \ > I L • • • ^A/Up MINUTES OF THE ORONO PLANNING COMMISSION MEETING Wednesday, February 19,2003 6:30 o’clock p.m. (#03-2869 DR. ROBERT GUMNIT, Continued) While there was no question that some deer do bed down on the hill. Dr. Gumnit explained that the deer more often use the perimeter of the island as their routine path. He pointed out that the fence would not be turned on all the time either. With regard to smalt game. Dr. Gumnit indicated that they would be able to walk under the fence lines, as only the top line is electrified. Chair Smith asked about the presence of trumpeter swans. Dr. Gumnit maintained that little nesting occurs on the hill, and that most of the birds fly over the hill to the French Creek area. Berg questioned what the applicant’s hardship was to support the application. Dr. Gumnit explained that they have always used the land, have had their horses out there in the past, and now due to the level of deterioration of the path it is difficult to use the land the way they are used to. The path is in such disrepair that it is dangerous to the horses, nor can they maintain the property since they cannot bring out any equipment to do so. Chair Smith questioned the opportunity to place a structure elsewhere on the property. Dr. Gumnit maintained that in order to keep the horses elsewhere, they would have to destroy much of the wooded area on the property to put up a fence. Bremer asked if there were any neighbors who had voiced support. Dr. Gumnit stated that, the Coldwell’s, his immediate neighbors, had voiced their support knowing our love for nature and that we are responsible horse owners. He indicated that, had he known the other neighbors had such strong opposition to the application prior to this evening, he would have gladly discussed his plans with them as well. Chair Smith questioned whether the applicant could do as he proposes in this district. Gaffron pointed out that the City 1992 imposed new restriction on properties in this RR-IB zoning district by adopting Shoreland regulations, which put this parcel in the Shoreland Overlay District. The new rules do not allow the fence or horses as near the shoreline as he proposes. He noted that, unfortunately, the neighbors were not present to hear from Dr. Gumnit as he describes his intended use. . Chair Smith questioned how the City position’s itself with the MC WD. PAGE 20 of 26 I ■Bai BUOMiHIliHlIillilittBil 1 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Wednesday, February 19,2003 6:30 o’clock p.m. (#03-2869 DIt ROBERT GUMNIT, Continued) Gaffron explained that the DNR won’t take any action until spring, and the MCWD won’t take any action until the DNR does, any approval that the City makes in support of this application should be contingent upon the other two agencies. Mabusth felt the City should also wait until spring before deciding whether to allow someone to do diis kind of work in a protected area. Fritzler opposed the application, stating that he could foresee this application being developed into something more than what is being proposed here today. He asked how wide the path had to be to allow someone to walk a horse out to the island. Dr. Gumnit reiterated that the driveway was needed to allow for maintenance of the island. Fritzler agreed that, while the area would be nice to tise, it could easily get stretched into more intensive use. Dr. Gumnit pointed out that he was making no attempt to mislead the Commission. He admitted that the horses would likely remain on site over long weekends etc. Fritzler maintained that, in his view, the horses should be kept on the larger portion of the land and not on the island supported by a unpermitted roadway. Rahn concurred, stating that his reservations centered on this proposal being part one of a potential three-part plan. While she had no problem with the applicant using his horses all across his property, Mabusth stated that she had difficulty supporting the need for a roadway. Berg agreed with Fritzler’s comments. Dr. Gumnit indicated that he was offended by the City’s justification which allowed roadways to cross wetlands when they lead to homes, whereas, he cannot repair an existing roadway for his rural use. Rahn stated that, it seemed to him, there was little hardship to support this site, when there were other suitable locations on the property, which would be compliant. Dr. Gumnit asked Gaffron to reread the Code, indicating that he was fhistrated, by what he viewed as an unreasonable restriction, on his use of the land. Berg stated that the applicant was not being denied use of his land for riding. She added that what the Commission did find difllcult, was the fence and roadway use. PAGE 21 of 26 <Ok { 4I ' 5 r 1rL/l^ MINUTES OF THE ORONO PLANNING COMMISSION MEETING Wednesday, February 19,2003 6:30 o’clock p.m. (II03-2869 DR. ROBERT GUMNIT, Continued) Dr. Gunmit’s representative reiterated that the roadway was not new construction, it has deteriorated over time and use and the applicant wishes to continue using it. In an effort to keep the hill as natural as possible. Dr. Gumnit stated that he would need to get access to it with his maintenance equipment. According to Berg, this use should not be on this island, she did not find adequate hardship to allow this use on this part of the property. Rahn stated that repairing the path would be acceptable, however, building a roadway would not. He believed the area was not conducive to what was being proposed and the Codes should act as the Commission’s guide to that conclusion. Bremer agreed with Rahn. Mabusth agreed that adequate land existed elsewhere to support this activity. Chair Smith suggested that applicant consider other locations for the horses and pen near the house, while still using the island for riding. Dr. Gumnit asked the Commission to table his application to see if he could come back with an alternative plan. Chair Smith suggested that he use this time to visit the people whose letters were received by the City in order to address their concerns as well. She thanked the applicant for being forthright and open to discussion. Mabusth moved, Chair Smith seconded, to recommend that Application #03*2869, Dr. Robert Gumnit, 1100 Old Crystal Bay Road, be tabled In order to allow the applicant further time to investigate alternatives. VOTE: Ayes 6, Nays 0. (#7) #03-2871 SALLY AND DAN WEATHERLY, 1214 WILDHURST TRAIL, AFTER-THE-FACT VARIANCE 10:04 -10:45 P.M. Sally and Dan Weatherly, the Applicants, and Brian Novak, Architect, were present. Bottenberg reported that the applicants were requesting two after-the-fact variances for a newly constructed single family residence. The first variance would be to allow the foundation of the newly constructed residence to be located 9 1/2’ from the side property line where 10’ is required. The second variance would be allow the eaves to encroach into the side yard setback. PAGE 22 of 26 fUlii' iiittiiiBil li itihiii'1^^ I- ■ ^ r’ emsnv Ci^ Cj&mJUly TO;Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM:Jennifer Chaput, City Planner DATE:February 7,2003 SUBJECT: #03-2869 Dr. Robert Gumnit 1100 Old Crystal Bay Road CUP and Variance -- Public Hearing Zoning District: Lot Area: RR-IB One Family Rural Residential (2 acres) 25.4 acres (1,106,424 s.f.) Exhibits: A B C D E F G H 1 J K Application Hardcover Calculation Worksheets Correspondence from City Staff Site Plan Grading and Erosion Control Plan Wetland Mitigation Plan 1989 Aerial Photo Topography Map Plat Map Location Map Property Owner’s List Pertinent Code Sections: 1. Section 10.55, Subd. 8: Filling of wetlands; No filling, grading, dredging, excavation, hardcover, temporary or permanent structures, obstructions, septic systems, well or other construction shall be allowed within the Flood Plain and Wetlands Conservations Area; nor on any lands within 26 feet thereof; nor on any land within 75 feet of the ordinar>' high water elevation of any lake shoreline, nor on land abutting, adjoining or affecting said area. Section 10.56, Subd. 16 (J) (4b): Movement of more than 500 cubic yards: For movement of more than 500 cubic yards of material anywhere within the Shoreland Overlay District, conditional use permit approval by the City Council is required in addition to the required land alteration permit. Section 10.20, Subd. 3 (M), Section 10.28, Subd. 4 (A) and Section 10.56, Subd. 16 (N) (1): Animals and Agricultural Use; Animals shall be a permitted accessory use in the M3-2S69 Dr. Robert Gumnit 5/13/2003 Page I of 5 r L RR-IB district. A minimum of two acres of open pasture must be available for a single horse and one additional acre must be available for each additional horse. When permitted in the underlying zoning district, general cultivation, farming, grazing, nurseries, horticulture, truck farming, and wild crop harvesting shall be allowed in the Shoreland Overlay District except that no such activity shall occur within the shore setback zone. 4.Section 10.56, Subd. 7 (A) and Section 10.56, Subd. 16(C) (1): Shore setback: French Lake is classified as a Natural Environment Lake, requiring a setback of 150'. 5.Section 10.22, Subd. 2, Section 10.56, Subd. 16 (L)(l) and Section 10.56, Subd. 16 (J)(3): Hardcover and driveways within 75*: No hardcover or impervious surface shall be placed, located or constructed within 75 feet of the Ordinary Hi^ Water Level of any lake or tributary. Driveways shall not be constructed within 75 ’ of the Ordinary High Water Level of public waters. 6.Section 10.03, Subd. 15 (G) (2 c): Lakeshore lot fences: Fences shall not be constructed within the defined lakeshore yard of a lakeshore lot, i.e. shall not be located within 150 feet for Natural Environment Lakes. Application Summary: The applicant requests the following in order to reconstruct a 1,440 s.f. (120 ’ x 12 ’) gravel driveway to access and use a 1.8 acre island on his property: 1) a variance for filling in 2,091 s.f. of a wetland, where no fill or hardcover is normally permitted, 2) conditional use permits for movement of more than 500 cubic yards of fill and mitigating wetland within the shoreland overlay district; 3) a variance to allow an agricultural use (grazing of horses) within the 150 ’ of the OHWL of French Lake; 4) a variance to allow a 4 ’ fence to be located as close as 14 ’ from the OHWL of French Lake where 150 ’ is required; and 5) a variance for mitigating 4,234 s.f. of land within 75 ’ of the OHWL of French Lake where no grading or excavation is permitted. There is an existing trail accessing the island of land at this time. The trail has been worn down over time so the applicant wishes to improve it for machinery to be able to drive on it. In the 1950s, the original land owner used this land for grazing cattle. The construction of the driveway requires 2,091 s.f. of wetland to be filled with approximately 132 cubic yards of material if rebuilt on the existing drive. However, the amount of fill is difficult to anticipate at this time so, since the soils have not been checked, there may be more than 132 cubic yards of fill required. In the case that more than 500 cubic yards of fill is required, an application for a conditional use permit has been made. H03-2869 Dr. Robert Gumnit 5/13^2003 Page 2 of 5 • I. I : ^ i In order to comply with the Wetland Conservation Act, wetland mitigation of 4,234 s.f. is proposed next to the south property line near the middle of the proposed site. Mitigation requires movement of land within 75’ of the OHWL of French Lake, which is not permitted and requires a variance. Changes in the existing grade arc not permitted within 5* of the lot line. The proposed mitigation will also require movement of more than 500 cubic yards of material, requiring a CUP. When the access is improved, the applicant intends on plowing or burning the land and planting native grasses. The applicant has four horses that are stabled in Delano. From time to time (typically weekends), the applicant may want to bring a few horses to his property (on the island) the day before going riding with them. No more than 3 at a time would be on the property and they would not be stabled there or remain for a long period of time. For this purpose, the applicant wishes to fence the island with no more than a 4’ electric fence. On lakeshore lots on Natural Environment lakes (such as French Lake), fences can not be located within 150’ of the OHWL. The applicant proposes a fence location as close as 14’ from the OHWL. In the RR-IB zoning district, horses are permitted as an accessory use. The applicant proposes no more than 3 horses on the property at one time. The number of horses permitted on the property is broken down as follows: Total lot area: Less wetlands: Less 1 acre for house (Section 10.20, Subd. 3m) 25.4 acres -16.04 acres -1.0 acres 8.36 acres Since 2 acres of pasture are required for the first horse and 1 acre for each additional horse, 7 horses would be permitted, assuming all 8.36 acres are available for pasture. Other Comments: City Engineer The City Engineer has reviewed the application. He stated that a typical section of the proposed roadway should be included for review and erosion control measures should be installed, inspected and approved by the City prior to construction activity. Minnehaha Creek Watershed District The application has been submitted to the Minnehaha Creek Watershed District for review but no co.nments have been received at this time. MCWD approval will be required before wetland fill and mitigation are permitted. As a requirement of the Minnehaha Creek Watershed Disuict, mitigation of the wetland at a ratio of 2:1 (filling 2,091 s.f of wetland and creating 4,234 s.f) is proposed adjacent to the southw est comer of the wetland along the southern property line. U03-2869 Dr. Robert Gumnit 5/13/2003 Page 3 of 5 » 1! i Department of Natural Resources The applicant has been in contact \\ith the Department of Natural Resources regarding this application. The applicant will require a permit from the DNR because the proposal impacts the OHWL of French Lake (930). The DNR has stated that they will not likely be able to make a ruling on the possibility of this application until after the snow has melted and their own independent survey can be completed. History: The property is unplatted with a metes and bounds legal description. An application for subdivision of the property was submitted and withdrawn in 1989. There have been no other zoning applications on the property. In the past, driveways have been permitted through wetlands to provide a primary access to a property when denial would deprive the owner of all use of the property. In this case, the fill is only needed to provide access for an accessory use and the Planning Commission should consider whether a hardship exists to justify the variance. The surrounding properties do not have dry land within the wetland, as this property does. The area to the immediate north of the applicant ’s island, French Creek Preserve, is owned by the City and was previously in use as a sewage treatment plant. Hardship: The applicant has included their statement of hardship in Exhibit A. The applicants shoul 1 also be asked for their testimony regarding this issue. Issues for Consideration: 1 . There is currently a muddy trail in place for access to the island. If the applicant is not able to improve the access, the existing trail will likely continue to be used and not be improved; 2. Historically, the island was used as a grazing area for cattle. The property is not currently being used for this purpose; 3. Construction of the access will create hardcover where it is prohibited; 4. Will neighboring views of French Lake be obstructed by the placement of an electric fence and horses, from time to time, on the island? 5. There are no other known applications that permit a property owTier to access dry land within a wetland on a property. This issue is particular to this property; 6. Can the property be put to a reasonable use without accessing the island? Is use of the island a property right of the owner? 7. Would use of the island negatively impact the health, welfare or safety of the public? 8. Other issues raised by the Planning Commission. *03-2869 Dr. Robert Gumnir 5/13/2003 Page 4 of 5 r Staff Recommendations: If the Planning Conunission feels that the applicant has shown undue hardship and should be able to reconstruct a gravel driveway by filling in and mitigating wetland to access land, proposed to be enclosed with an electric fence and used for pasturing of horses fit>m time to time, then the variances and CUPs necessary should be approved, with the following conditions: 1 . A wetland delineation report must be submitted to City staff prior to presentation of this application at the City Council; 2. Review and approval from Minnehaha Creek Watershed District is required prior to City permit approval; 3. Review a^ iq)proval from the Department of Natural Resources is required prior to City permit approval; 4. City permit submittal must include a typical section of the proposed roadway and illustrate that no grading will occur within S’ of any lot line; 5. Erosion control measures should be installed, inspected and approved by the City prior to any construction activity. If the Plaiming Conunission feels that there is no hardship to permit the construction of a driveway through a wetland, and that the driveway reconstruction is not necessary to |ueserve the owner’s rights, then the application for variances and CUPs should be denied. U03-2869 Dr. Robert Gumnit 5/13/2003 Page 5 of 5 A Application # H3- Date Received t~^t’03 Amount Paid -^3^ fx/. CITY OF ORONO - GENERAC LAND USE APPLICATION PROPERTY LOCATION Site Address H/)iD /O/.r. 72^0 Type of Application to be Filed ^P^ytt^rr Property Identification Number (P.I.D.) ___________________;_______________ applicant Name ^ggva^ Address 7?> gav, _■ Phone (home). ______ Phone (woik ^ City /^jgt'CTtfi. Zip. OWTUBR (if different than applicant) •Name_____________________ Phone (home). Phone (woik)_Ji Address City Zip. Date Property Acquired______________________ I (do) poQ also own the adjacent parcels of land. (month/year) FEES - CONDITIONAL USE PERMITS - V $ 75.00 For each variance request with CUP application _____S2S0.00 Residential Accessory Use _____S250.00 Institutional (church, school, etc.) _____$250.00 Guest House/Guest Apartments _____$250.00 Duplex Credit/Bldg $325.00 Commercial/Industrial Use $250.00 Land Alteration . y Grading and filling - designated wetland or floodplain Grading and filling - 501 cu. yd. or more ____ Grading, seawall, retaining walls within 75' of lakeshore PRD/PID - see Fee Schedule $150.00 Renewal Fee (no change from original application) ' After-the-Fact Fee - Double Current Application Fee OTHER APPLICATIONS _____$275.00 Commercial Site Plan Review (+ consultant fees) _____5300.00 Vacation _____$250.00 Easement Vacation $100.00 Easement Vacation With Subdivision $350.00 Rezoning (PUD - refer to fee schedule) _____ $375.00 Comprehensive Plan Amendment _____ $100.00 Appeals Other - see Fee Schedule j- ^ / y HtJ '4. J \J 5 rraa l • CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee S250iK) ($50.00 per each additional variance) Renewal Variance Fee SISO.OO (no change from original ^tplication) Variance for non-confonning structures $250.00 After*the>Fact Fees (Double application fee) ApplicationU 0 Date Received -t)!^ Amount Paid PROPERTY INFORMATION Site Address— Property Identification Number (P.LD.) ..r (do) dHo also own *h<» % j ---------------— -------^(month/year)► also own the adjacent parcels of land. Present we of property: _JLresidential other (mecify) Zonmg Distnct; ■ APPLICANT Name T>i>. Address: ‘pto Phone (home)_____ Phone (work)_^r^ ^ ^ OWNER (if different than applicant) Name City:_^>g>/^riOZ 9^** Zip: rcTaiy Phone (home)______ Address:City:, Phone (work). Zip:, DESCRIPTION OF REQUEST Describe request in detail:Estimated Construction Cost $ (attach additional sheets if necessary) VARIANCES REQUIRED ___Lot Area Setback: ___Lot Width Front Side Hardcover Rear Lot Cover Average Lakesh Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS P”*^*!"* difficulty or unusual property conditions preventingcompliance with Zoning Code requirements; (attach additional sheets if necessary) '“N.* / ................ .. .. . b iti >s.? tJ . _y Vu Is t-, J6 jS ; i i tv REQUIRED SUBMITTALS of the following information must be Kubmitted bv the aDPHcatiQP_dcadliDe date In flrder for vour flonHcatlon to be copsldered complete; 1. 2. / Z 3./ 4.z 5. 6. Z jZ. 7. 8./ Completed Application Fonn Certified Property Owners List of owners within 150', labels and plat map (you must obtain this list, labels and map firom Hennepin County Department of Finance, A-603, Govt Center, 348-5910). Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy 8'/a" x 11" for reproduction. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In additioa provide one (1) copy 8'/i" x 11" for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy 8V4" x 11"). List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. * The Applicant and Property Owner must sign this application* Please remember that xfiHI varlancg anpHcatlon Is not complete tf the above Information has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true arid correct to the best of his/her knowledge. Date OWNER’S SIGNATURE The owner hereby acknowledges and agrees to this application and further authonzes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of investigation and verification of this request. Owner's Signature OSes ot mvestigaiion ana vcniicauon «/4 Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an au*diorized agent attend in j-our place and to advise the Building & Zoning Office of this change prior to the meeting. §3 ^rt !l J required submittals Completed Application Fonn. —lA Describe request in detail.2. 3. 4. Z_ Certifi^ Property Owneis List of owners within 350‘ UM. . .i i must obtain this list, labels and mao from J?- 6'ou A-603, Govemment.Genter, 348-32711. ®unty Department of Finance, 5. 6. A-603, Goverament.Genter, 348-3271) ' rinance, "7 - refer ,o h»d„„, for survey - cl^ges m elevation (grades). ^ •Iterations involve jL. List of the legal names (include marital status) of all n*r.one •.». • /property. This would include namefs) of aS in the 7. 8. 9. any other YOU ARE required TO SUPPLY 30 COPIED np i ADr>P FOR REPRODUCTION (H« X 17» submitted.) ^ *® orawings of all documents, plans, etc. to be S“clric« sS' » complce. *—----------—------------- Date APPLICANT’S SIGNATURE 1“ » r^uir«. or ^ and/or unusual expenses incurred in review of this anniira?* * onginal fee payment) supplied is true and correct to the best of his/her knowledg^"’ certifies that the information Applicant’s signature Date OWTSTR'S SIGNATURE The owner hereby acknowledges and agrees to this aoDlication *nri « -u entry onto the property by City staff, consultants aaents authonzed reasonable members for punroses of investi^ioo md verificstlon of .hU ^ O'TOer-5 signaiure ( J // Applicant must have all submittals into th# ^ . •" ®“ *e i2rd Monday of e?ch TOnth**A**^T “* Meeting. Comnussion ai^ Co^n Jr “^PP,*!«"«» «««t be prc«w at .11 scheduled meeting, please make arrangements to have an autho^^ ' •PPbeam is unable to aneod a Building & Zoning OflT.ce of this change prior to the n^Sg ^ P»*« «d advise the 0OC tamik L. 33,^ .J-*" j j * \* f’*^ /■/ *• • ' — • :a ; * - t /: Schoell & Madson, Inc. Engineering • Surveying • Planning Soil Testing • Environmental Services www.schoenmadson.com January 20,2003 City of Orono Planning Department Attn: Wendy Bottenberg 2750 Kelley Parkway PO Box 66 Crystal Bay, MN 55323 Dear Wendy, On behalf of Di . Robert Gumnit, Schoell & Madson, Inc. is submitting this application for variance and conditional use permit to the City of Orono. The proposed project site is located at 1100 Old Crystal Bay Road and is a residential lot with one existing house on the site. The property extends from Old Crystal Bay Road to the shore of French lake. North and south of the proposed site are residential lots with single family homes. More than half of the 25.4-acre site consists of a wetland leading up to the shoreline of French Lake. A 1.8-acre, grassy knoll is located in the middle of the site and is surrounded by wetland. Currently, there is a muddy trail through the wetland for approximately 120-linear feet that connects the knoll to the mainland. This trail has been slowly deteriorating over time and it is difficult to get maintenance Vwhicles onto the knoll to service the land. It is proposed that a 170' x 12’ gravel trail be (.'onstructfi to connect the knoll to the mainland. This will allow the owner access to maintain and use his land. Approximately 2091-square feet of wetland will be filled in the construction process. To comply with the W’etland Conseivation Act, it is proposed that wetland mitigation will be performed on the site. This mitigation consist? of creating greater than two times the amount of w etland removed; the 4234-square feet of proposed wetland will be placed next to the south property line near the middle of the proposed site. Please contact me at 952-847-9636 if you have any questions or comments regarding this submittal. Sincerely, Paul M. Hudalla 1 • • «• •• Affk'mativa Action iquai Opportunity Emnloyor 10680 Wliyza:a Boulevard, Suita 1 • Mirtneapo&a. MN 55306-1525 Office (952] 546-7601 • Fax (952) 54BB065 i i List of Legal Names of Those With Interest in HOP Old Bav Rna^ Dr. Robert J. Gunuiit Francis H. Graham • i. ■ • •• . * • M Tf ^ ,*V M M . HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 75-3S0* 2S0<S00'SOO-1000* G HARDCOVER IN ZONE A. House Lngtfi Width ' B. Otrag 7 C Dsfr- /ly D. SidewiUc E. Pado/Deck F. "Landscape Underlain By Plasdc O. Oiber - ** X X ■ X X X X X • X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE o B ^^rtt X 100 PROPOSED HARDCOVER IN ZONE A. House _____________ X Loifih Width B. Oarage C Drivewiy D. Siic%%\k E. Pitio/Deck F. Landscipe Uoderlain By Plistic G. Other X X X X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE ___ ♦ B ijLLlrfl X 100 I, SJ. SJ. SE. SE. SJ. SJ. SE. SF. SF. SF. SF, SF. SF. SF. ‘ SF. SF. A SF. B % SF. SF. SF. SF. SF. SF. SF. SF. SF. SF. SF. S.F. SF. SF. SF. SF. A SF. B % If ^ • N :.v- . \£ ■ hardcover calculation worksheet SETBACK ZONE: (CIRCLE ONE) 0-75* 2S0-500' Length WItfih X X X * B. Qmgt C. Driveway X X D. Sidewalk X X E Patio/Deck X X •• F. LandKape Underlain By Plastic O. Other ^OS(S’ 4 isJdt L X X X total hardcover in zone TOTAL PROPERTY AREA. IN ZONE ~^«-3/0_ » B _^£5JZZi. »ioc tROroSEP HARPmvtB 1^ A. House Lcasth W<hh B. Garage C Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE ♦ B ^T^7gy X 100 - 500-1000' ' ••r? SI. SI. SI. Si. SI. SI. SI. si. SI. SI. SI. SI. SI. SJ-*. SI. SI. % A B SI. SI. SI. SI. SI. SI. SI. SI.ss SJ. SJF. SE. SI. SI. SI. __ _ _ _.SF. _ _ _ __SF. A B i Js i } * . HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONQ 0-7S* 75-250* C250-*500-1000* •IK*. A. House • X a. t* Lenfth ^, . , WMOl X . ••• • • X a • •• • • X a. • ‘ B. Qtnge • X • C Driveway X X a. D. Sidewalk •X X E. Pado/Dedc • •• X X a. X Uoderiain X a. By Plastic X G. Other ••• X • • A TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA. IN ZONE _____ + B Ja99A’i X 100 • * m m PROPOSED HARDCOVER IN ZONE A. House X m• Lcni^th « • Width X m X m X m B. Garage X m • • C Driveway X m X m D. Sidewalk •• X m •X m E Patio/Deck X m X m F. Landscape X m Underlain X m By Plastic X m G. Other X A TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE B xlOO m iLoi /Atf/ A*17 _SJ. SJ. SJ. S.F. ST. SJ. SJ. . S.F. S.F. SJ. SJ. ST. ST. S.F. ST.A ST. % B ST. * • ST. ST.• ST.• ST. ST. .**'♦ M.""- ST.f-' 4-'* A*. ST. ST. S.F. S.F. • - •V ^ S.F. S.F. SJ.V. \!* S.F. ST. ST. B % a' «*=• 'S « i 'V if d HARDCOVER CALCULATION WORKSHEET SETBACK ZONE! (CIRCLE ONE} 0-75'75-250'250-500' mnPfC HARDCOVER IN A. House Length Width X X X B. Omge C Driveway X X D. Sidewalk X X E. Patio/Deck X X F. Landscape Iftiderlaio By Plasdc X X X O. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA. IN ZONE - -C- - + B .J^2f ^ « xlOO - gRQPQSEP hardcover in A. House Length Width X X X B. Gtnge C Driveway X X D. Sidew*ilk X X £• Pado/Deck X X * a F. Landscape Underlain By Plastic X X X C. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE -------0.------ ♦ B _ Vtf xlOO • 500-1000 iUL SF. SF. -SF. _BF. SF. SF. SF. SF. SF. SF. ___SF. SF. SF. SF. SF. _SF. A _SF. B SF. SF. SF. SF. SF.c SJ. SF. SF.C • % S.F. SF. SF.C SF. SF. SF. ' « ••• •V- SF. _SF. A _SF. B _% m .1 f: ■■ V i. 'V>' , r. .V- - J.V VJ> EXHIBIT 1. MAm>COVBH zawBa ,_ /er^ /•-**>. ■t?. viL ^ ® Vi u*:- P:\ET«\634tO\OM\OMWlN6S\»MIIOCOVei«»9. Ot/OI^OO} 0I0T9) PM. pmdK 1:120039 r. if i Bonestroo Rosene Anderlik & Associates . Engineers & Architects •«fititr«o. ItoMfi#. rat ane Aiieciattt. Inc. Is an Afririiiacltra AcHaiVtaual Oppaclynity aneimploytt Oarnae Pfificipalt: Otto C lonattfoo. PC • MarvM L Sorvala. PC. • GItfin P. CooC. PC. • ffobart G Schunichi. PC. • Jf rry A aourtfon. PC • Mark A Hanton. PC. Iiaplaf#/^ February 4,2003 Stfilar CamyltanCt; tobari W. loicnc. PC • iOMph C Andtcttk. PC. • Picfiaftf C. Ibrrter. PC. • Suian M. &trkr% CPA Asioclata Principalt: Keith A Gordon. PC. • Kohert ff. Pfeireffe. PC. • Kichard W. Poutr. PC. • David O. LoUoca PC. • Michael r iaucniann. PC. • M K. field. PC • Kenneth P Anderioa PC • Mark P. Poift. Pi. • David A Conettroo. MIA • Sidney P WMkamton. PC.. LS. • Agnes M. Pmg. MCA • AJian Pick Schmidt. PC. • Thomai W. Peiersoa PC. • James P Maland. PC. • Miiet ■. Jensen. PC • L PhiNtp Grarei PI. PC • Daniel i. Cdgerton. PC. • Ismael Martmei. PC • Thomas A Sylko. PC. • Sheldon J Johnson • Dale A Grove. PC. • Thomas A Poushar. PC. • Poherc I Devery. PC. OlficCI: St Paul. St. Cloud. Pochesier ar>d WMmar. MN • Mrfwaukee. Wl • Chicago. A IK%dslie: wwwhonestroo com Jennifer Chaput Planner City of Orono Post Office Box 66 Ciystal Bay. MN SS323 Re: 1100 Old Crystal Bay Road File No. 139-03-000 Plat No. 03-2869 Dear Jennifer We have reviewed the plans for constructing a roadway through a wetland to proxide a connection between two upland areas on the property located at 1100 Old Crystal Bay Road. The subminal includes a wetland fill ond mitigation plan. We have the following comments with regards to v igineering matters: • The plans should include a typical section for the proposed roadway. • Erosion control measures should be installe l, inspected and approved by the City prior to any construction activity. • Plans should be submitted to Minnehaha Creek Watershed District for their review and approval regarding the proposed wetland fill and mitigation. If you have any questions please call me at (651) 604-4863. Yours very truly. BONESTROO. ROSENE. ANDERLIK & ASSOCIATES. INC. Tom Kellogg Cc: Greg Gappa, City of Orono 233S West Highway 36 ■ St. Paul. MN SStl3 ■ 6SI-636-4600 • Fax: 651-636*1311 lAJ '*•••<%•» • •••»k \G Application Complete: 60 Day Deadline: Extension: 4/1/03 5/30/03 7/29/03 JUN 2 3 2005 utiY ur UMONO REQUEST FOR COUNCIL ACTION Department Approval: Name: Jennifer Chaput Title: City Planner DATE: May 30,2003 ITEM NO. S Agenda Section: Zoning Item Description:1^03-2886 Dr. Dennis and Diane Killian 1300 Spruce Place Variances Exhibits: A B Staff report of 5/12/03 City Council meeting StafTReport and exhibits of 4/21/03 Planning Cor.nission meeting Application Summary: The applicant request.s the following variances to permit construction of a new residence on the property: 1. lot area of 20,300 s.f. (0.47 acres) where 43,560 s.f. (1 acre) is required; 2. hardcover within the 0 to 75 ’ lakeshore setback zone: 274 s.f. (2.47%) where none is permitted; 3. hardcover within the 75 ’ to 250’ lakeshore setback zone: 3,367 s.f. (36.6%) where 2,298 s.f. (25%) is permitted; 4. grading and filling within 75 ’ of the OHWL of Lake Minnetonka where no grading nor filling is permitted; and 5. placing fill in a bluff impact zone w here no fill is permitted. This application was tabled at the 5/12/03 City Council meeting at the request of the applicants. The applicants wished to have this application heard at the same time as application #03-2885 for 1280 and 1290 Spruce Place, next to the property in question. The discussion regarding this application centered on whether there was a hardship to allow new construction to exceed the maximum hardcover pemiitted in the 75 ’ to 250’ setback zone. In the 75 ’ to 250’ setback zone, only 2,297.5 s.f. of hardcover is permitted, even though the structural coverage calculations (15% of the total lot area) allows for up to 3,045 s.f. of building footprints. The City ordinance allows for at least a 1.500 s.f. of structural footprint which can still be met with less than 25% hardcover in the 75 ’ to 250’ setback zone. ______________________ PLANNING COMMISSION: Planning Commission recommended by a 4 to 3 vote to: Approve the requested variances with the following conditions: 1. Grading plans must illustrate proposed contours between the house and the street; 2. Plans should show the proposed driveway location and grades that do not exceed 10%; i i P' 3. Site grading between this parcel and the 1280/1290 Spruce Place lots should be coordinated; 4. Erosion control should be installed, inspected and approved prior to any work on the site; and 5. No additional hardcover for landings, patios, etc. will be permitted beyond what is proposed on the plan. The Planning Commissioners in favor of the application identified the following hardships: 1. The lot is wider at the OH WL of Lake Minnetonka than at the street due to its pie-shape; 2. More than half of the lot area is located within 75* of the OHWL of Lake Minnetonka where no structure or hardcover is permitted; and 3. Due to the shape of the lot, the smaller portion of the lot contains the developable area, restricting development more than if the lot was rectangular. The Planning Commissioners who voted to deny this application agreed with staffs recommendation that there was no hardship to support hardcover in excess of 25% permitted in the 75 ’ to 250’ setback zone for new construction on the lot. STAFF RECOMMENDATION: Staff recommends approval of the requested lot area, hardcover in the 0-75 ’ setback zone, grading within 75 ’ of the OHWL, and filling in a bluff impact zone with the conditions noted above. Staff can not support the requested hardcover exceeding 25% in the 75 ’ to 250’ setback zone for new construction since, in staffs opinion, no suitable hardship can be identified. Therefore, staff recommends denial of the variance for hardcover in the 75 ’ to 250’ setback zone. COUNCIL ACTION REQUESTED: Staff requests that the Council take the following action: 1. Approve the variances for lot area, hardcover in the 0-75 ’ setback zone, grading within 75 ’ of the OHWL, and filling in a bluff impact zone with the conditions noted by the Planning Commission; 2. Take action regarding the requested hardcover variance in the 75 ’ to 250’ setback zone; 3. Direct staff to draft a resolution reflecting the Council’s action for adoption at the June 23, 2003 meeting. Application Complete: 60 Day Deadline: 4/1/03 5/30/03 REQUEST FOR COUNCIL ACTION Department Approval: Name: Jennifer Chaput Title: City Planner DATE: May 6,2003;: May 6. NO. VITEM NO. Agenda Section: Zoning Item Description:#03-2886 Dr. Dennis and Diane Killian 1300 Spruce Place Variances Exhibits: A Staff Report 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 propert>': 1. lot area of 20,300 s.f. (0.47 acres) where 43,560 s.f. (1 acre) is required; 2. hardcover within tlie 0 to 75 ’ lake shore setback zone: 274 s.f (2.479b) where none is permitted; 3. hardcover within the 75 ’ to 250 ’ lakeshore setback zone: 3,367 s.f. (36.6%) where 2,298 s.f (25%) is permitted; 4. grading and filling within 75 ’ of the OHWL of Lake Minnetonka w here no grading nor filling is pemiitted; and 5. placing fill in a bluff impact zone where no fill is pemiitted.____________________ Pertinent Code Sections: 1. Section 10.24, Subd. 5 (B): Minimum Requirements: The following minimum requirements for the LR-1B District shall be observed: lot area 1 acre. (Request: To allow a lot area of 20, 300 s.f (0.47 acres) where 43,560 s.f (1 acre) is required). 2. Section 10.22, Subd. 2 and Section 10.56, Subd. 16 (L)(l) & (2): Hardcover w ithin 75 ’: Within 75 ’ of the shoreline there shall be no excavating, filling, hardcover, temporaiy or permanent structures. (Request: To allow 274 s.f (2.47%) 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 3,367 s.f (36.6%) hardcover within the 75 ’ to 250 ’ lakeshore setback zone where 2,298 s.f (25%) is permitted). 4. Section 10.56, Subd. 16 (J)(2): Grading and filling of more than 10 cubic yards within 75’: Grading, filling or excavating of more than 10 cubic yards is prohibited within 75 ’ of the Ordinary High Water Level of public waters. (Request: grading and filling within 75 ’ of the OHWL of Lake Minnetonka where no grading nor filling is permitted). 5. 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 f 11 in a bluff impact zone where no fill is permitted). ■ 1 PLANNINC COMMISSION: 0 Planning Commission recommended by a 4 to 3 vote to: Approve the requested variances with the following conditions; 1. Grading plans must illustrate proposed contours between the house and the street; 2. Plans should show the proposed driveway location and grades that do not exceed 10%; 3. Site grading between this parcel and the 1280/1290 Spruce Place lots should be coordinated; 4. Erosion control should be installed, inspected and approved prior to any work on the site; and 5. No additional hardcover for landings, patios, etc. will be permitted beyond what is proposed on the plan. The Planning Commissioners who voted to deny this application agreed with staff’s recommendation that there was no hardship to support hardcover in excess of 25% permitted in the 75’ to 250’ setback zone for new construction on the lot. The Planning Commission identified the following hardships for this application: 1. The lot is wider at the OH WL of Lake Miimetonka than at the street due to its pie-shape; 2. More than half of the lot area is located within 75’ of the OHWL of Lake Minnetonka where no structure or hardcover is permitted; and 3. Due to the shape of the lot, the smaller portion of the lot contains the developable area, restricting development more than if the lot was rectangular. STAFF RECOMMENDATION: Staff recommends approval of the requested lot area, hardcover in the 0-75 ’ setback zone, grading within 75’ of the OHWL, and filling in a bluff impact zone with the conditions noted above. Staff can not support the requested hardcover exceeding 25% in the 75’ to 250’ setback zone for new construction since, in staffs opinion, no suitable hardship can be identified. Therefore, staff recommends denial of the variance for hardcover in the 75’ to 250’ setback zone. COUNCIL ACTION REQUESTED: Stpff requests that the Council take the following action: 1. Approve the variances for lot area, hardcover in the 0-75 ’ setback zone, grading within 75’ of the OH V/L, and filling in a bluff impact zone with the conditions noted by the Planning Commission; 2. Take action regarding the requested hardcover variance in the 75’ to 250’ setback zone; 3. Direct staff to draft a resolution reflecting the Council ’s action for adoption at the May 27, 2003 meeting. 2 1 i .JUPIPHJ- Application Received: Application Complete: 60 Day Dea^^Une: 3/19/03 4/1/03 5/30/03 TO:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Jennifer Chaput, City Planner DATE:April 23,2003 SUBJECT:1^03-2886 Dr. Dennis and Diane Killian 1300 Spruce Place Variances -- Public Hearing Zoning District: Lot Area: LR-IB One Family Lakesho;c Residential District (1 acre) 0.47 acres (20,300 s.f.) Application Suiuaiary: The applicant requests the following variances to permit construction of a new residence on the property: 1. lot area of 20,300 s.f. (0.47 acres) where 43,560 s.f. (1 acre) is required; /. hardcover within the 0 to 75’ lakeshore setback zone: 274 s.f (2.47%) where none is permitted; 3. hardcover within the 75’ to 250’ lakeshore setback zone: 3,367 s.f (36.6%) where 2,298 s.f (25%) is permitted; 4. grading and filling within 75’ of the OHWL of Lake Mirmelonka where no grading nor filling is permitted; and 5. placing fill in a bluff impact zone where no fill is permitted.___________________ Exhibits: A Analysis Worksheet Application Survey Site Analysis Hardcover Calculations Proposed Floor Plans and Elevations Topography Map Plat Map Property Owner’s List Permit Record B C D E F G H I J WS-2886 Dr. Dennis and Diane KUlian 4/23/2003 Page I of? <i H * ^ il ftiiin II Pertinent Code Section^: 1. Section 10.24, Subd. 5 (B): Minimum Requiiements: The following minimum requirements for the LR-1B District shall be observed: lot area 1 acre. (Request: To allow a lot area of 20,300 s.f. (0.47 acres) where 43,560 s.f. (1 acre) 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 274 s.f. (2.47%) 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 3,367 s.f. (36.6%) hardcover within the 75’ to 250’ lakeshore setback zone where 2,298 s.f. (25%) is permitted). 4. Section 10.56, Subd. 16 (J)(2): Grading and filling of more than 10 cubic yards within 75’: Grading, filling or excavating of more than 10 cubic yards is prohibited within 75’ of the Ordinary High Water Level of public waters. (Request: grading and filling within 75’ of the OHWL of Lake Miimctonka where no grading nor filling is permitted). 5. 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 where no fill is permitted). Discussion: Lot Area The existing area of the lot is 20,300 s.f (0.47 acres) where 43,560 s.f (1 acre) is required for the zoning district. The existing lot width is 117’ at the 75’ setback from the OHWL where 140’ is required for the district, meeting the 80% requirement and, there fore, not requiring a lot width variance. Neither the area of the lot nor the width is proposed to change with this application. However, a lot area variance is necessary because new construction is proposed on the lot. Required Setbacks The proposed home is located 80 ’ from the OHV'L of Lake Minnetonka, meeting the required 75’ setback. It is also located 35 ’ from the street, meeting the minimum 30 ’ setback requirement. The proposed side setbacks also exceed the 10' minimum requirement. The architect for the applicants has stated that the overhangs on the proposed home will not encroach more than 1 '/i’ into the side yards. Average Lakeshore Setback There is one home located to the south of the property and a va'rant lot to the north. Since there is only one adjacent neighboring lakeshore home, the average lakeshore setback is calculated according to the setback of the adjacent residence from the OHWL. The house to the south is located 75’ from the OHWL. The applicants ’ pioposed structure does not encroach into the average lakeshore setback. Height The proposed house is 29’ in height from the existing grade of 966 ’ with a walk-out level on the tt03-2886 Dr. Dennis and Diane Killian 4/212003 Page 2 of 7 1 4 lakeside and two stories above the original grade. The proposed height meets the City’s requirement of 2 '/i stories and 30’. Lot Coverage Bv Structure The proposed lot coverage by structures on the property is 2,551 s.f. (12.6%). Since the proposed structural coverage is below the maximum allowed of 3,045 s.f. (15%), a variance is not required. Hardcover 0-75' Setback Zone There is 11,110 s.f. of area in the 0-75’ setback zone. There is currently 2,254 s.f. (20.29%) of hardcover within this zone where none is permitted. The existing hardcover consists of a portion of the existing home, various retaining walls, stairs and landings providing access to the lake. A steep slope from the house to the shoreline exists, requiring retaining walls and stairs to the lake. The proposed home will be located outside of the 0-75’ setback zone. The applicants propose to keep some of the existing retaining walls and stairs within this setback zone, totaling 274 s.f. (2.47%) of hardcover where none is permitted. Stairways within the 0-75’ setl ack zone are permitted if they do not exceed 4’ in '.vidth and '-:e built on the most inconspica^, rortion of the lot. The stairs that are proposed to remain on the property meet these criteria. ’ vever, they do not reach the shoreline nor provide direct access to the proposed dock. 75 ’-250 ’ Setback Zone There is 9,190 s.f. of area in the 75 ’-250’ setback zone. There is currently 2,785 s.f. (30.3%) of hardcover within this zone where 2,297.5 s.f. (25%) is permitted. The applicants propose to increase hardcover within this zone to 3,367 s.f. (36.6%), exceeding the 2,297.5 s.f. (255o) maximum permitted. The proposed plan views of the home indicate two doors and an optional lower garage on the wa ’k out level. The applicants are not proposing to have any hardcover landings outside of the doors nor in front of the option? : garage (used for seasonal storage only). Grading/Filling within 75 ’ of the OHWL The existing house is located within 75 ’ of the OHWL of Lake Minnetonka. Demolition of the existing house will leave a hole in the grade that will require some filling and grading before the new home can be constructed farther back on the propert>’. Since grading and filling of more than 10 cubic yards w ithin 75 ’ of the OHWL is prohibited, a variance is required. The applicants do not propose to do any additional worit within the 75 ’ setback from the OHWL. If anv changes to the retaining walls are necessary in the future, the applicants will be required to go through the variance process for approval. U03-28S6 Dr Demis and Diane Killian 4/23/2003 Page 3 of 7 Bluffs Bluff Analysis A bluff analysis was conducted to determine if there is a bluff on the property. The followins criteria were analyzed and all were found to be true: 1. Part or ail 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 (92.6%) 4. The slope must drain toward the water body: Yes. Bluff Impact Zones The top of the bluff is located 44 ’ from the OHWL at 958’ in elevation. The bluff impact zone is defined as the land within 20’ from the top of the blufi. Within this zone, no structures or accessory facilities (except stairways, landings and lock boxes) are permitted. The existing house IS partially located within the bluff impact zone whereas the proposed house is located completely outside of the zone. However, existing retaining walls and stairs are proposed to remain within the impact zone. Grading Within Bluff Impact Tones S?.®* ® ** <he bluff impact zone, some grading and filling will be i^uired when it is demolished. Placement of fill or excavated material is not permitted within bluff impact zones so a variance is necessary. Setback from the Top of the Bhff There is dso a stnictural setback of 30 ’ from the top of the bluff. The existing home is located as close as 6 from the top of the bluff whereas the proposed home is 42’ from the top of the bluff meeting the required setback. Other Comments: City Engineer The proposed plans have been submitted to the City Engineer for review. To date, no comments have been received. DNR Since the bluff will be restored w ith this application and not further impacted by development the DNR did not wash to review the proposed plans. Docks A dock IS proposed on the property. Seasonally installed docks are permitted as an accessory use on residential lakeshore properties which contain a residence. Since there has been a seasonal dock at this property in the past, the dock will not require a City permit The placement of docks on Lake Minnetonka is governed by the Lake Minnetonka Conservation District M03'2886 Dr. Dennis and Diane Killian 4/23/2003 Page 4 of? ■ M • *• . History: ' • ' In 1972, variances for lot area and lot width (zoning file #S-57) were approved to permit construction of a new home on the property, l ots 5 and 6 were combined, creating a lot area of 28,000 s.f. and lot width of 65’ at the street and 160 ’ at the lake. The variances were granted because the combined lot was equal in size to most lots in the area. 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 proposed structure meets the minimum setback requirements, height, structural coverage and average lakeshore setback; 2. The hardcover in the 0-75 ’ setback zone will be reduced from what exists, maintaining a portion of the stairs to access the lake and retaining walls; 3. Replacement of the retaining walls and stairs is not proposed in the 0-75 ’ setback zone at this time and would require a new application in the future; 4. The proposed home is located outside of the bluff impact zone and meets the required setback from the top of the bluff whereas the existing house does not; 5. Removal of the existing house will require grading and filling within 75 ’ of the OHWL and within the bluff impact zone; 6. Although there are two doors shown on the lakeside of the walk out level of the proposed home and an optional below-grade garage, there will be no hardcover landings outside the doors nor driveway extension serving the garage; 7. The hardcover in the 75 ’-250 ’ setback zone is proposed to exceed the maximum permitted; 8. It is the applicants’ responsibility to contact LMCD regarding dock placement on Lake Minnetonka; 9. Other issues raised by the Planning Commission. Staff Recommeodations: Staff can support the variances for lot area hardcover in the 0-75 ’ setback zone, grading within 75 ’ of the OHWT-, and filling in a bluff impact zone. However, staff can not support the variance for hardcover exceeding 25% in the 75 ’ to 250 ’ setback zone. It is the City ’s policy that all new construction meet the hardcover requirements when possible. Given the size of the property, it is possible to meet the hardcover requirements and still build a new home. It has been suggested by the applicants that the fan-shape of the property is a hardship since more than half of the property is located within 75 ’ of the OHWL as a result of the shape. However, even though the lot is oddly shaped, there is still a significant amount of buildable area outside of the 75 ’ setback from the OHWL. U03-28S6 Dr. Dennis and Diane Killian 4-23>2003 Page 5 of! St&ff would rcitfind the Pliinning Commission that hardcover and lot coverage variances have consistently been denied for reconstruction on similar sized (approximately'/»acre) lots in the '/i acre and I acre zones over the past 4 years. The comparison with the '/i acre zone is a fair one since the hardcover, setback and lot coverage standards are virtually identical with those of the 1-acre zone. Recent lakeshore rebuilds (2002-2003) that compare with the current proposal include: - Soojian at 4496 North Shore I^ve (100' width, 0.55 acres, no HC or lot coverage variances granted) - Twidwell at 1865 Concordia Street (102' width, 0.56 acres, granted 32.4% HC due to tree hardship limiting home placement, no lot coverage variance) - Lindberg at 3440 North Shore Drive (100' width, 0.47 acres, met all HC and lot coverage limits, no variances) - Goldberg at 1160 Loma Linda Avenue (113' width, 0.68 acres, no HC or lot coverage variances granted) • Cable at 3532 Ivy Place (100' width, 0.522 acres, denied variances for HC exceeding 25%) Staff recommends tabling the application to allow the applicants to decrease hardcover in the 75 to 250 ’ setback zone to no more than 25% by redesigning the proposed home. For example, a home set at the 30 ’ street setback with a 600 s.f. driveway and 100 s.f. of sidewalk could have a footprint of 1,600 s.f.. W3-2886 Dr. Dermis and Diane Killian 4/23/2003 Pag*6<ff7 1 • • • I • • • ANALYSIS WORKSHEET Hardcover Calculations: Lot Coverage By Structure: Setback from Top of Bluff: U03-2886 Dr. Dennis and Diaru Killian 4/23/2003 Page 7 of 7 h Dimensions Required Existing Proposed Lot Area 43,560 s.f. (1 acre) 20,300 s.f. (0.47 acres) 20,300 s.f. (0.47 acres) No Change Lot Width 140’117 ’(at the 75’ setback) 163’(at the OHWL) 117 ’(at the 75’ setback) 163’ (at the OHWL) No Change Setback from the OHWL 75’42’80 ’ Rear Setback (Street) 30’82 ’35’ Side Setbacks North South 9“o o25’ 32.5’ 13’ 10’ Distance from shoreline Total area in setback Allowed hardcover Existing Hardcover Proposed Hardcover 0-75’11,110 s.f.none 2,254 s.f (20.29%) 274 s.f (2.47%) 75’-250’9,190 s.f 2,297.5 s.f (25%) 2,785 s.f (30.3%) 3,367 s.f (36.6%) Permitted Coverage Existing Coverage Proposed Coverage 3,045 s.f (15%)1,815(8.9%)2,551 s.f (12.6%). Required Setback Exbting Setback Proposed Setback 30 ’12 ’42 ’ \ J « • npr E2 E003 11iSERM B0NE8TR00 R08ENE RNOERLIK 8518381311 P* I » •Bonestroo tnvl^ •; . t ; s -V -•* . ‘ V *.i • - * • I • . ■ Rosene wv Anderlik & Associates Engineers & Architects wV-'f.:- m i • • - • April7,i2o63'' •- c...,«.. ih*„, a «.. SMl*r CMMianiK Ro««ft W. MMm. Kg.. JoMph C AMtnik. Kg. . KM,$fg g Kg . Iumh M U^rkn. CK^ “• Andtnoa • Mam R. Roi#i. FM • 0#«M A. totMccrM Va J^K C""*‘ • A»» «•<» S«f«.«t Pt. . Th«n.. VK Ja^i R.^lanA RE. • Mttts 1. Jt/utn. PJ. • L. Pniillp Oravtl ML P£. • OartftI J. Itertoa PE. • limMi Mafdnee . T»om« A lylto. PA . SMMon JL . O- A 0r««. PA . A ItlXTS. . ornctt: S<. Paul. Sc. CJauM. Rocfitfctr and WtRmar. MN # Miwiuktc. WI • CMcago. H. VMflta: ww w Ooocitroo.com f • * • .*. • V • • • V.;(‘J^ni^Chaput Planner ' • • ' . /• ';• •'•.**.,•'•*•*, P* ^ i ♦ • •.... w ,^^v;. CltyofC)ronp*. -i ! Post Office Pox'66 *fv. •. :.* ■■■' Ciystal Bay/MN 35323 . • * •* • «•' ea*4iA Re; . 1300 Spruce Place ^ V FilcNo.f39.d3^)00.- Plat No. 03-2886 .. ' • . « .1 ■. - •* a'* j . • *ri.»l • . • V . Dear Jeniiifer; •i.' .. * c •. .• . * .. ;• . ^ . •: . > '' ’ • • ; . • •> ; *.: .• We have reviewed the certificate. o,f survey and proposed grading plan for the property located at 1300 Spruce Place. The plan proposes to reinove die existing house and construct a new home on the parcel. We have the following comments tyitK regards to engineering matters; t. The grading plan is lacing proposed contours between the house and the street; plans should be revised to include these proposed contours. If the plans include reuining walls that exceed four feet in height a separate engineered design submittal is required The plans should show the proposed driveway location. Drivew^r griules sl^d be noted on the plans and shall not exceed 10%. Site grading between this parcel and the adjacent parcel to the northeast should be coordinated. Please see our comments for application 03-2885. Erosion control should be installed, inspected and approved by the City prior.to aiiy work on the site. If you have any questions pleue call me at (651) 604-4863. Yours very truly, BONESTROO, ROSENE, ANDfllULlk A ASSOCIATES, INC. '5**^f; /drw Tom Kellogg Cc: Greg Gappa, City of Orono I i 2335 West Highway 36 • $t. Pawl, MN 5SII3 • 651-636-4600 • Fax; 65l-636-l3ff r CITV 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) Applicalioa# DateRecdvcd Amount Paid OQ PROPERTY INFORMATION Site Address: 1300 Spruce Place-Otono.MN Property Identification Number (P.I.D.) 08-117-23-32-0016 Attach legal description to application if not included on required survey. Date Property Acquired: November 2002 1 (Dennis Killian) do (do-not) also own the adjacent parcels of land.- 1280 & 1290 Spruce Place Present use of property: __ksidential I ___othef<yecifi)______________ Zoning District: APPLICANT Dr. Dennis and Diane Killian 400 Highcroft Road Wayzata,MN 952-4494)226 55391 OWNER (same as applicant) DESCRIPTION OF REQUEST Please See Attached. Estimated Construction Cost: $750,000 VARIANCES REQUIRED ^ Lot Area __Lot Width ^ Hardcover ___^Lot Coverage __ Setback: __Front ___Side ___Rear Average Lakeshone Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDHIONS Describe undue hardship or practical difficulty or unusual property conditions prevent compliance with Zoning Code requirements: Please See Attached F required submittals Mfff fhy Ipfprw^tipn fawt ht submitted bv the aPDliciitloB deadiii.> L vour ttDPlicatioB to bt mvumi IP^ 1. 2 3. 4. 5. 6. 7. & Completed Application Form Certined Property Ownera List of owners within ISO’, labels and plat map (you ?iLc°e,ri0LGo«cIS^%«i9™). ^ Certiflcate of Survey(signed by a licensed surveyor) and include hardcover calculations as required.. In addition, provide one (1) copy 8 Ml” x 11" for reproduction. Topographic survey (existing and proposed elevations) if any changes in existing grade are pro^sed. In addition, provide one (1) copy 8 1/2" x 11" for reproduction Sketches or plans of floor & elevation views (provide one (1) copy 8 1/2" x 11") List of the legalnames (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. The Apphcant and Property Owner must sign this application. Please remember that vour yjrtopcy M "91 If.the above informatloii not been ' APPLICANT'S SIGNATURE “Hie applicant hereby agrees to provide all information required or requested by the Zoning Administrator agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true apdxorrect to the best of his/her knowledge. )(■ Applicant's Signature Date OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable agents. Commission members, and Council ..-o ^ "’fation of this request. /O' 5 oi ji>^Ugation^^d^^r^j / Date ^3 Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. • • • • , ^ V ' . # •• •, •* Dr. Dennis and Diane KiUian Variance Application 3/18/03 . ■,‘k ii • • •* We arc a couple who are raising our niece in our home. We would like to build a lakeSdc home to live in which is sufficient size for us to comfortably rase Sr request b that we can build such a house, on our double lot, as it is desenbed m this Variance application ^^^^^^f^^JwiStfi^oths, our new neighbors, with whom we ctwrdinated di.c5«m So. it is very similar to the description in their Vanance application) N . • * • *r.v ^* ** » ^ • • We own 3 adjacent properties and are planning to buUd a home for ourselves 1^0® Spruce Placemd sell 1280 and 1290 Spruce to the Toths, a very mce couple, for their retirement home. In a nutshell, the net impact of our two proposals (Toths’ and KUUans ’)^o 3 OM sa^ feet of hardcover from the 0 ’-75’ lake front zone. 3,(MW square fwt is the equivalent of one good sized or two extremely modest homes. Tffie only man ma e items^eft in that zone we essential existing retaining walls needed for erosion confrol, and existing stairs so that we can walk to the edge of the water, ^ddni^l^ the net effect of ow two proposals will be to reduce the overall site hardcover ^ to m wWle amoving a si^dficant portion of hardcover which is presently m the 0 -75 zone and placing a reduced amount well within present day set backs. We have met several times with Orono planning officials and *^ve ®on^ued to reduce the size of our proposed home until it has reached what we consider a functional minimum. pnsmu/nFSrRfPTION OF llNUSUAl. PROPERTY C0?*PmOS§ AS is the case with our future neighbors, the Toth's, it is our understmding tot these lots maximum allowable hardcover for these lots. A/i/i:ttnnAllv this double lot, which we purchased, has a “fan ” shape, in which toe brgest part of the lot is facing toe lake. Thb is one of toe things, which made this lot attractive to us. (See Sheet #2 of attached supportmg documents.) Unfortunately, thb fan shape creates a configuration hardship ^cause toe ***®P^^*® percentagVof the lot area in toe 0 ’-75’ setback. At toe same time toe &‘\/H “«• ofO* <«' to *e 75’-250' zone. Tlie actual h..iM.ku area. Within the 75-250 zone, comprises a relatively smaUprofKirtitm of thearea. Smee the plight of the Iwdowner is due to the circumstances \inique to this proDeitv and were not crewed by the landowner we feel that strict enforcement of tfie oidinance would cause undue hardship we request a hardcover variance to build our proposed home. The overall willing hardcover on this double lot is over 5,000 square feet We are hardcover, for a reduction of hardcover of over Ouru,t.lha«Wi»a.ig.ific«u B^iM ofour swidvily to pliuajiig and environmental conccnikw^ se^ turn wnh pl^ ataff and teduced the size of «irh«« fiom the oS piansweducussed. We fi*i that now our home plans have l«n»doced to JSum our family.ecology of the lakcfiont and allow us to build the home that we need for I! i r ^ I $u»ver flp CERTFICATE OF SURVEY FOR DENNIS KILLIAN LOTS 5 & 6. BLOCK 10, SAGA HILL REVISED HENNEPIN COUNTY, MINNESOTA LAKE MINNETONKA NORTH ARM CCNTM UC LCe<L CtSCWIPTION OF WgMISCS ! Lot* 5 and 6. Block tO. SAC* HILL BCVISCO 4«noUt iron fvvrk«r found mmmamm M —GRONBERG & ASSOCIATES, INC. ■PCNi MB 01 un 0 Of M 0 OMI4 IB-SMiCBP 1ST V T 7 «W NORIM «UM aM. iOM UA Hi MM ilB-4T»-4t41 CtOtJ): donotfi ovlttlng tpol oitvollon, imon too Itvol dotifn . .! dofiotM ORltUnd contour lino, iroon too Itvtl dottin Boor 1091 oho«n oro boiod upon on otoumd dotim. Tfiio turvov inlondo to ot^ tho boundoritt of tbo obovo doieribtd proporty. tho locotlon of on OMlttlnp bouto. ond tho locotion of oil vloiblo **liordcovor thoroon. It dooi not purport to oho« any othor Inprovontnlo or oncroocNmnlt. • t------A V •A £irv^ TA ■ fi', l«i|f*.'lt''. m Mil u-|..^^-!iMii *1S . *. 1 ‘i-; tSii I&FDSP^PHY |VW1^ ■i:? \ /' / / ///'^ ^ '' 1 «S«i^ •H**' / / i',' i;', ! ■' ,/i. O^A \—, V 3o'«Rf«^ w»» tHi tor riLofo«eD MoMtt \KJ\ I v^i>4 -----4* V.* ------14o •nCPL4N Vi% VARI-4NCE APFilCATION FOR DR DENNI& 4 DI<ANE KILLI>^N'6 MOHEmac macdonald aod coopaqr. 5r»t» jiuBcy.VSfSriiBviiiD momtm n% • m-w\-n-%2sm^A1 I HARDCOVER aumART LOT 5/6 TOTAL EXISTING HARDCOVER AREA . 5)035 SO. FT. Cc LOfTBM TOTAL AREA 20300 SQPT r,466 acres; C,;:n1 ' \ ;'••/ •; f •: >r • J r, . ^ « LAKE . MINNETONKA V MANCM 10.3003 Varijne# for Dr. PomI# 4 Pisrm KlIHRw*# Hoiio X) 300 SPRUCE PLACE - LOTS 5/6 BLOCK lO • SAOA MILL REVISED PROPERTY ID’S • OS-in.23-32-OOI6 AREA »11,110 5Q. FT. lb FT. LINE 15'-2&0’ AREA »9,190 SQ. FT. mmm ^TNfi HARDCOVER etmART LOT b/b TOTAL EXISTING HARDCOVER AREA * bpyt SO, FT. ff> V'.. \.^hif rv. m LOTE/IS TOTALABEA .466 ACRES ^20300 SQ ft; Iv / ’ /. I • V n r’A j V ? A :* -UOT y>-^' %£,M LAKE MINNETONKA mxmm.mv.- '■" -'y ■■ 6ITE4NALY8ld 1/30* ■ r-0"MARCH le, 2003 NORTH Varfanc# for Dr. Dunf 4 Dfan# Kfllfari'a M om 1300 SPRUCE PLACE - ORONO,MN LOTS S/6 BLOCK lO - SAGA HILL REVISED PROPERTY ID'S • 08-111-23-32-0016 Man O'Ab' AREA .11,110 Sa FT. 15 FT. LINE 15'-250' AREA .9,150 9Q. FT. SETBACK mi" LAKE MINNETONKA ■EXISTING STEPS 4 RETAINING UJALLS.23I Sa FT. HARDCOVER.2.Wt '■'Wi M dR»t>^ LOTB^ PROPOSED HARDCOVER AREA 15'-250' ZONE . 3,361 SO. FT.. 36.6% m DOCK LOT 5/6 TOTAL EXISTING HARDCOVER AREA . 5039 SO FT. PR0FO6ED MARPOOVRR aitlART c 1-, f-M?- i /!\V..' i ;■/ *.« • I*» » ». • V.- «•* ' h *=^>r >*"<1 •fv L0Tft/» TOTAL PROPOSED HARDCOVER AREA.339S sa FT. LOT TOTALASA .466 ACRES C20A00 SO FTJ PROFOeED DIAGRAM 1/3®* • I*-®" NCMTU MAMCM Ift. 3003 variancR for Pr, PRmf I Pran# Klillan'6 How 1300 SPRUCE PLACE - ORONOMN LOTS S/6 BLOCK 10 - SAGA HILL REVISED property ID'S • 00-111-23-32-0016 r FROn : CRONBERC t ASSOCIATES m •90 • I « ••• I *. ••• • V « • • FA»< NO. : 952 473 4435 D c N mis kftUiAM No«/. 20 2002 Q2:e0P(i P4 Miwu ,, HARDCOVER jCALCULATION VVORKSH££*i‘ONE) (0) EXISTING HAftPCOVBR IN 2QNg A. House 75-250'250-500' X X X B. Gvage • * • • C. Drivewiy X X D. Sidowilk X X E Piuo/Deck • X X X X X G. Ocher TOTAL HARDCOVER [N ZONE total property area in zone A ______________ I- B PROPOSED H ardcover in zone * A • •A House Length X X X B. Cartge C. Drivewgy .«••• ■ X X D. Sidewilk X X E. Peilo/Dcck X K X X X 0. Other TOTAL HARDCOVER IN ZONE vr w>-* *-t • J Width xlOO Width e s 500-1000' 1044 SJ.-H<vsr R.I7. ri£ S.F. cr /RfSlW^VtHU __ ttMuroi. SF.-oRiy£v4^yS.F.-c^^rr^ ttbn >Avew |-70 To Wi^ewAt S.F.-<4r4d-WlMa^ 5P /MO 5Tf« Z<16 S.F.-OfeiC S.F.;-C»NC«fTE'^OtR 0£6|4 S.F. S.F. V//30 Sl.-Srep^fy^g, DAVN to 5404E J»*t/aOCM. WaUSJ. H^TlOi SF. B zo.z^ H ^0 6OC0EEJ S.F. A S.F. S.F. S.F. S.F. S.F. S.F. SFr SF. SF ir 32 e s /ccuc^r- S F S F. KTAt»‘lr'(» »e£iii£_sF'3S^‘ !?■ SK?" (L£TAI41 iJ(0 U)AUU» " «cx::4 Ku"»^C€ KlOO ^i=tiL2£i_s.F. A >»thP S.F. B ill FROM.: GRONBERG t ASSOCIATES FAX NO. : 952 473 4435 Ncv. 20 2002 02:00PM • •• •• •. • y _ • EXISTING Ha T^DCOVER TN 7nNr 230^00 K House ioTi SfC ^ 1C Sa^ Mitt SOO-IOOO' Lutgh X H X B. OiTAgt • • • C. Dnvtvny X X D. Sidewilk X X E P«do/Deck •• • • X X F. Landietpe Underlain ByPludc Or Fabric X X X C. Other total Hardcover in zone total property area in zone A’ _____________ 4. e EPJtfi?ERD HARDCOVER IN 7nivy » A. House LengU) X X X 8. Garage C. Driveway 3 X X Sidewalk .X X i /■E.*.]Ptttio/Deck X X A- 'YT., Landscape ndcrlain ly Plastic r Fabric X X X V., Gl Other • X V =fe total Hardcover in zone total property area in zone A _____________ B WiAh m xlOO width XlOO -474 S.F.-M0VJZ ,S.F. SI. S.F. S.F. 2P30 ee^crc f S.F.'-svhdXwp Om>£ S.F. lilfi___ S.F. SF S.F.' • ,SF. S.F. S.F. ill S.F.-4#*0 QlROfaf Z769 SF. A SJ. B 3o.r- y. k-M S.F. S.F. SI. SI. SJ. S.F. S.P. S.F. SF S.F. S.F. S.F. SI. S.F. S.F. SF. A S.F. B H /■ I Hennepin County Taxpayer ft mm LOMAUNDAAVE t. *i « (91P d 92). f 4^ ^ I 07- <64) (2S) « m 4 i;: tJftMRLS *• r2j; ttr$4^ OS'- //-j^ .33-dz^ \ * /; •i r-'7:.y ' v-w>' . Parcel Information N4rc«l ID 0811723320014 HOUM Numbmr 1280,;;;S ’i;^3^fc; Stmt Nam* SPRUCE PL^^® TNslsnot»iegaUymcoixMm»p.Unpi9S»nta9comp»alk)nef.lMm$9an\^. mndd»l» tmm Oty. County, ondSMonodm/thoriSooondcttmpounoo. v. " ' /• IUMIM1C:2aMU HENNEPIN CXIUNTY PROPERTY INFORMATKM4 SYSTEM PROPERTY OWNERS LIST M oriinMioosi PROPAOOR IMSSPRUCfiPL OWNERNAME CUYTONRFUCHS TAXPAYER CLAYTON R FUCHS NAME/AOOR IMSSPRUCEa MOUND MN 9M64 3t 07ll72J4IW7t PROPAOOR ITtSSPRUCEPL OWNERNAME HENNEPINFORFEITEOLAND TAXPAYER anrOFORONO NAME/AOOR POBOXM CRYSTAL BAY MN SS323 3« 0III723U00I3 PROPAOOR U70 8PRUCEPL OWNERNAME ELAINE E ERICKSON TRUSTEE TAXPAYER ELAINE EERIOCSON NAME/AOOR I270SPRUCEPL MOUND MN 35364 31 Oil 1723330016 PROPAOOR 1300 SPRUCEPL OWNERNAME KILLIANS GATE LLC TAXPAYER KILUAIfSGATEUC NAME/AOOR 1300 SPRUCE PL MOUNOMN 53364 31 0111723320026 ADDA 1330 CHERRY FL OWNERNAME MMESOBULLJR TAXPAYER MMESOBULLJR NAME/AOOR 1330CHERRYPL MOUNOMN 55364 \ uatm 31 0711723410076 PROPAOOR 1254 LOMAUNOAAVE OWNERNAME KL HOFFMANN A LS HOFFMANN TAXPAYER KENNETH L A UNDAS HOFFMANN NAME/AOOR 1254 LOMA UNDA AVE MOUNOMN 55364 31 0711723410077 PROPAOOR 1254 LOMAUNOAAVE OWNERNAME K L HOFFMANN A LS HOFFMANN TAXPAYER KENNETH LA UNOA S HOFFMANN NAME/AOOR 1254 LOMA LINDA AVE MOUNOMN 55364 36 0011723320001 PROP ADDR 1250 SPRUCE PL OWNERNAME WALTERWWOLFEETAL TAXPAYER PHYLLIS J WOLF NAME/AOOR 1250 SPRUCE PL MOUNOMN 55364 31 0811723320012 PROPAOOR 1260 SPRUCEPL OWNERNAME E A ANDERSON ETAL TRUSTEES TAXPAYER EVAN A ANDERSON NAME/AOOR 1260 SPRUCE PL MOUNOMN 55364 31 Otl 1723320014 PROP AODR 1210 SPRUCE PL OWNERNAME KILUAKSGATELLC TAXPAYER KILUAKSOATELLC NAME/AOOR 400 HIOHCROFT RO WAZYATAMN 55391 38 0811723320015 PROP AOOR 1290 SPRUCE PL OWNERNAME KILUAN*SGATELLC TAXPAYER KILUAhTS GATE LLC NAME/AOOR 1300 SPRUCE PL ORONOMN 55364 31 0811723320017 PROPAOOR 1310 SPRUCEPL OWNERNAME iOHNWWALKER TAXPAYER X)HN W WALKER NAME/AOOR 1310 SPRUCE PLACE MOUNOMN 55364 38 0811723320018 PROPAOOR 1318 SPRUCEPL OWNERNAME PATRICUAGROETKEN TAXPAYER PATRICIA A WALKER NAME/AOOR 1310 SPRUCE PLACE MOUNOMN 55364 I CERTIFY THRTTHE FACTS REPRESENTED ARC AN ACCURATE AND IRUEREPRESENTAHONOF INFORMATION AS TTAPPEARSTHISDATEONTHE RECORDS OFTHE HBPMEPIN COUNTY TAXPAYER SERVICES DEPARl^ENILTD TOE BEST OP MY KNOWLEDOE ANDBEUEF. "s FACE: I ff) t• tw I-r. . •• ) •i''1^ 1^0^ Sffutc PIaj C a ^’ <r PERMIT RECORD • m • Permit No J>«te ~7-/7>7a 3ai>^9- 3sn 3 Type off Permit AfSL/ jg<ar< ____Luecc. 3jir(p 9- S- SEUSA. U. ^ ■9>-P'7 Li:?:,---------i*ei Date AppIkalioB Received: 4«23m3 Date Application Considered as Complete: 4>23-03 60*Day Review Period Eipires: (>23-03 JUN 2 3 2003 REQUEST FOR COUNCIL ACTION Ul Y or UHUNU Date: June 18,2003 Item No.: (o Department Approval:Administrator Approval: Name: Michael P. Gaffton Title: Planning Director Agenda Section: Zoning Item Description: #03-2896 Franciscus Bastiaens, 665 North Femdale Road - CUP - Resolution Lbt of Exhibits A - Resolution B - Notice of Council Action C - Draft Council Minutes 6-9-03 On June 9 Council voted 4-0 to approve a temporary conditional use permit for guest house use, and directed staff to draft a resolution documenting the conditions of approval established by Council. Such a resolution is attached for council review and adoption. It should be noted that reference to a lot area variance for the guest house use (i.e. the need for double the acreage) has been avoided. Such a variance was not a specific part of Council’s approval, and the granting of such a variance, which is a permanent action, may set a negative precedent. We have not in the past granted a temporary variance, to staffs knowledge. The resolution in effect is extending the period of temporaiy residential occupancy of an existing home rather than granting it status as a permanent guest house use. COUNCIL ACTION REQUESTED Adopt or amend the attached resolution. Proposed Motion: Moved by___, seconded by___, to adopt Resolution No.___Granting a Conditional Use Permit for Temporary Guest House Use per Municipal Zoning Code Section 10.20, Subd. 3(G) for property located at 665 North Femdale Road. Vote: a yes. navs. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR TEMPORARY GUEST HOUSE USE PER MUNICIPAL ZONING CODE SECTION 10.20, SUBDIVISION 3 (G) FILE #03-2896 WHEREAS, Franciscus G. and Liliane M. Bastiaens (hereinafter "the applicants") are owners of the property located at 665 North Femdale Road Road within the City of Orono (hereinafter "City") and legally described as: Attached “Exhibit A” (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a conditional use permit per Municipal Zoning Code Section 10.20, Subdivision 3 (G) to allow an existing second residence on the property to be temporarily used as a guest house for a period of 24 months; 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 May 19,2003, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. Mirmesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #03-2896. 2. The property is located in the RR-1B Zoning District, where 2 acres <s the minimum lot area. The property is i^)proximateIy 2.27 acres in area exclusive of 33' of right-of- way for North Femdale Road. 3. The Platming Commission reviewed this application on May 19, 2003 and sent it forward to the City Council with no specific recommendation, as no proposed motions received a majority vote. Page 1 of 7 4. 6. The City Council reviewed this application on June 9,2003 and voted 4-0 to grant conditional approval for a temporary guest house Conditional Use Permit, and directed City staff to draft a Resolution documenting the appropriate findings and conditions of ^proval reflective of the Council’s action. 5. The City Council makes the following findings of fact: A. While the guest house use will exceed the “2 acres per dwelling unit" density for properties in the RR-IB zoning district, the temporary nature of the prr posed use limits the potential impacts of that use. B.T le guest house meets the minimum required setbacks between principal and accessory structures, but the property could not be subdivided in a manner that would allow the guest house to stand alone on a conforming lot with conforming setbacks. C. The structure to be used as a guest house has a non-compliant but currently functional septic system which has the potential to serve the guest house use during the intended 2-year duration of said use. D.The primary access to the property is a newly constructed driveway accessing to ‘Lydiard Road ’. An existing access to North Femdale Road provides a secondary means of access to the property. However, City Code Sections 6.05 Subd. 9 and 6.06 Subd. 9 allow only one road access point per lot for comer lots. Removal of the existing driveway onto North Femdale Road once the guest house use is discontinued will make North Femdale a safer road with one less access point for traffic to contend with. E.Because the guest house use is intended to be discontinued after 24 months, it would be appropriate that an agreement and escrow be established to ensure that the use is discontinued upon completion of the 24-month period. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed conditional use permit on the health, safety and welfare of the community. Page 2 of? 7.The City Council finds that granting a conditional use permit to allow a guest house for a period of 24 months will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 10.20, Subdivision 3 (G) for a guest house, subject to the following conditions: 1.The guest house shall be used and occupied only by persons who would otherwise use the primary residence on the property, such as domestic help, guests and relatives. 2.The guest house shall not be used as a rental unit and will not be used for a home occupation, except to the extent that such use may be allowed by City Code. 3.If the existing septic system serving the guest house becomes a problem during the period of authorized guest house use, applicant shall connect the guest house to the septic system serving the principal residence. 4.The guest house use shall be allowed only for a period of 24 months beginning with the date of Council adoption of this Resolution. At the end of the 24 month period the property owner shall discontinue the guest house use and shall remove the structure from the property no later than 30 day's after the end of the 24 month period. Applicants shall establish an escrow and agreement that allows the City to remove the guest house if it is not removed in a timely maimer by the applicants. 5.The existing driveway coimection directly to North Femdale Road may be continued only during the 24 month period for which the guest house use is allowed. Within 30 days after the end of the 24 month period, the driveway connection to North Femdale Road shall be eliminated, and the driveways and entrance regraded to permanently eliminate direct vehicle access to North Femdale.. Page 3 of? ■i m tiliirsi I m iiT' i-rtirta-iia 6.Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Cede, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7.The undersigned applicants have read, understood and hereby agree to the tenns 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 Orono City Council on this 23rd day of June, 2003. ATTEST: Linda S. Vee, City Cleric Barbara A. Peterson, Mayor Property Owner(s) mi ■ r. X " X' . 1 Page 4 of 7 •• • STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this__day of ,2001 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of .2001 by Linda S. Vee, City Clerk of the City of Orono, a Miimesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page S of7 [r 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 1 proved on the oath/aflirmation of. a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public 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 v;ho executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public Page 6 of 7 • • EXHIBIT A RESOLUTION NO. i LEGAL DESCRIPTION i PROPERTY PfSOMPTIQW (Par Stawort TItia of MInnaaota titia commltmant ordar numbar 0270007787, affactiva data Saptambar 12, 2002) I Govwninenlcomor S^^L“.TS«'11SSS! srr? Page 7 of? ii llini I w Ik 1 ii la^Bioa^Bftd CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 ZONING FILE #03-2896 NOTICE OF COUNCIL ACTION DATE OF NOTICE: June 17, 2003 TO: Franciscus G. and Liliane M. Bastiaens 625 Femdale Road North Wayzata. MN 55391 COPIES: Bruce A. Boeder, Esq. 1000 Superior Blvd. Wayzata, MN 55391 TYPE OF APPLICATION: Guest House CUP DATE OF MEETING: June 9, 2003 VOTE: 4 FOR 0 AGAINST Motion: To approve with the following conditions: 1.The guest house shall be used and occupied by persons who w'ould otherwise use the primary residence on the property, such as domestic help, guests and relatives. 2.The guest house shall not be used as a rental unit and will not be used for a home occupation except to the extent that such use may be allowed by City code. 3.If the existing septic system serving the guest house becomes a problem during the period of authorized guest house use, applicant shall connect the old house to the septic system serving the new house. 4.The guest house use shall be allowed only for a period of 24 months beginning with the date of final Council approval of the CUP. At the end of the 24 month period the property owner shall discontinue the guest house use and shall remove the structure no later than 30 days after the end of the 24 month period. Applicants shall establish an escrow and agreement that allows the City to remove the old house if it is not removed in a timely maimer by the applicants. (It is staff’s understanding that Mr. Boeder will draft such an agreement for City review) 5.The existing driveway connection directly to North Femdale Road may be continued only during the 24 month period for which the guest house use is allowed. Within 30 days after the end of the 24 month period, the driveway connection to North Femdale Road shall be eliminated, and the driveways and entrance regraded to permanently eliminate direct vehicle access to North Femdale.. A resolution documenting the above approval will be presented to the City Council for adoption at the June 23 meeting, which begins at 7:00 p.m. While this is intended to be placed on the consent agenda, applicant or a representative should be present at the beginning of the meeting to avoid delays if any questions arise. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. B ORONO CITY COUNCIL MEETING MONDAY, JUNE 9,2003 hardcover &om the lakeside, including existing structures, lot lines, proposed and existing contours, locationof boulder walls, etc.; and a detailed erosion and sediment control plan. Doug Smith stated that he willing to work with the City to provide what^h^ required, but was getting resist^e from contractors. Replacing his st^riwas a small project, and they wouldn ’t take it mt^cause of all the City ’s remiifements. Murphy moved, and White seconded, to attqot lUsdfution No. granting variances from Municipal Zoning Code Sec^iO^^.56, Subdivision 16(J)(2); Section 10.22, Subdivision 2; Section 10.56, Su|>division 16^1^); Section 10.56, Subdivision 16(L)(2); and Section 10.56, Sub^Wlsion 16(J)(5)(h) to pbr^t replacement of existing retaining walls and stairs ^thin 75* of the OHWL of Lake ^liqnetonka with 524 s.f. (4.6%) hardcover wi^idue 0-75* setback zone where none is penh(Med; grading, filling and excai^^ of more than 10 cubic yards within 75* of the where no more than Hkrabic yards is permitted; and placing All in a bluff impact zoib^where not fill b^rmitted. Vote: Ayes 4, Nays 0. 10. #03-2896 Bruce Boeder on behalf of Franciscus Bastiaens—665 Femdale Road North—Conditional use Permit and Variance Gaffron stated that the Bastiaens ’ contractor was issued a building permit in January 2003 to construct a new residence on the property. The property contains an existing old house and detached garage which the applicant wishes to continue to use for dwelling purposes during construction of the new residence (which is allowed by Orono Zoning Code Section 10.03, Subd. 7), and further wishes to continue to use as a temporary guest house and detached garage for a 24-month period after completion of the new principal residence. This would require a Guest House CUP approval, and a variance to die lot area requirement. c L. ORONO CITY COUNCIL MEETING MONDAY, JUNE 9,2003 City code requires having 4 acres in a 2 acre zone to have a guest house. The Planning Commission made 3 motions: to deny the requested guest house CUP—^the motion failed; to approve the guest house CUP, establish an escrow to guarantee removal of the house and driveway after 24 months, allowing use of the existing septic system—the motion failed; to approve for 12 months, escrow required, allowing use of the existing septic system—the motion failed. Gaffion stated that staff felt the request was not unreasonable, though there was no precedent for a temporary guest house. The guest house would have to be occupied by persons who would otherwise use the primary residence, should not be used as a rental unit, upon completion of the septic system serving the new house, the old house be connected to the new system, use be allowed only for 24 months with an escrow account established to insure removal of the house, the driveway connection to North Femdale Road be removed after 24 months with the guest house. Boeder stated that the Bastiaens’ son is living in the “little white house” (which is the guest house in question). The Bastiaens total property is 6 acres. They looked into splitting it into 3 acres, but found that the acreage was actually less than 6 acres due to easement agreements. The Bastiaens then were forced to give up a lot at a significant financial loss because the 3 lot division would have resulted in lots smaller than 2 acres. Boeder stated that the first 2 conditions were acceptable to the Bastiaens. They did not agree with connecting the little white house to the new septic system. The current septic system was in compliance through December 2010. The Bastiaens felt that connecting to the new system ft>r 2 years use was an unnecessary expense. They agreed with the fourth condition of a 24 month time limit and the escrow account. He stated that the Planning Commission discussed that if the little white house had the plumbing removed and the septic disconnected, it would then become a conforming accessory structure and could • •• •• i ifc liii'i I ruTitnftlatl l■i■ll 1 ilitaai-jjfcil n ■ ORONO CITY COUNCIL MEETING MONDAY, JUNE 9,2003 remain on the property. The Planning Commission, however, did not favor that option. The applicant did not agree with the condition that the old driveway be tom out at the end of 2 years. They would like to keep it as parking for guests when they entertain as the road their new driveway will be on is narrow and does not allow for adequate street parking and there is no parking on Feradale. Murphy asked about the compliance of the septic system. Gaffiron stated that they don’t know if the current system has enough capacity and he did not feel it would be a big expense to connect the guest house to the new septic. Bastiaens stated that he used to work in the septic and sewer business. He stated the old system was in good condition and could handle use by two people until 2010. He stated that if a problem arose he would connect the house to the new septic then. The guest house was 100 years old and in good condition, but he was willing to doze it in two years in order to meet the City’s requirements. White asked about the driveway. Gaf&on stated that code allows for one driveway access per residence. North Femdale Road is heavily trafficked and by policy they prefer the applicants have one driveway, not two. Boeder stated that they had planned to ask for 5 years, but Bastiaens decided to only request 2 years, enough time for his son to finish college and get a start in life. He stated that he had driven Femdale and it is flat where the Bastiaens house is located and the driveway access is easy to see. Gaffron stated the code allows for one 20 ’ curb cut per residence, but that the Public Service ’s Director could grant a second curb cut. Gappa stated that he reconunended against the second curb cut, but that the applicant could bring the request before Council. ____J ORONO CITY COUNCIL MEETING MONDAY, JUNE 9,2003 Gaf&on stated that the house was built in 1913, or potentially earlier. It was on the list of significant buildings in Orono by the Historical Preserva ion Office, but was not on the National Historical Register. Nothing currently preserves the building. He suggested the applicant consider if tiie house was worth preserving, or possibly moving to another site. Gaffion stated that if the current septic became a problem, the applicant would have to then tear up the yard at a greater expense to connect the house to the new septic. Bastiaens stated that he would do so. Sansevere asked if they were setting a precedent. Gaffion stated that it was precedent setting to allow a guest house on a 2.3 acre lot, but that it was tempered by the time limit of 2 years. With the escrow account, the City would have the right and the money to remove the house at the end of the time frame. Barrett stated that he saw no problem with the application. Bastiaens asked how many acres he would need to keep the guest house. Gaffron stated he would need a total of 4 acres to keep the houses on the same lot, and that it must meet all lot standards, so that the houses could be split onto separate lots at some point. Boeder stated that they could not configure the houses on the lot in such a manner to keep them both. Mayor Peterson stated that they were agreed on the guest house use, had resolved the septic issue, were agreed on the time of 24 months, and the driveway issue would follow the staff recommendation, knowing that the Bastiaens could appeal to keep the driveway at the end of the 24 months. Sansevere moved, and White seconded, to approve the requested temporary guest house CUP according to stalTs recommendations that the guest house would have to be occupied by persons who would otherwise use the primary residence, should not # me I ORONO CITY COUNCIL MEETING MONDAY, JUNE 9,2003 • • • be used as a rental unit, use be allowed only for 24 months with an escrow account established to insure removal of the house, the driveway connection to North Ferndale Road be removed after 24 months with the guest house; except allowing the guest house to remain connected to the current septic and only requiring hookup to the new septic if staff finds that a problem arises at any point Vote: Ayes 4, Nays 0. 11. #03*2901 DenaliCustomHomes, Inc. on behalf of Melinda Lee and Thomas DeVeau, 680 Tonkawa Road—^Variances Gaffion stated that the applicants proposed to remove the existing house and construct new house on a lot just over a half acre, .54 acre, with a width of 64 ’. They were requesting a hardcover variance in the 75-250 ’ setback zone to allow 29.1 5% where 25% is allowed. The Planning Commission found that the loss of lake views resulting by moving the house closer to the road due to average setback variance previously granted to the neighbor, also, the narrowness of the lot, and the steep topography resulting in necessary hardcover associated with retaining walls and lake access stairs in the 75-250 ’ zone. Staff recommended approving the lot area and width variances, but deny the hardcover variance. A house could be built on the property at 25% hardcover. David Beeker of Denali Custom Homes stated that they had come up with new plans based on staffs recommendation, which he passed around at the meeting. He stated that they had come up with a system of hardship credits that allowed them to get down to the 25% hardcover requirement. They found an 80 s.f. hardship credit for the retaining walls required to maintain the slope, 127 s.f. of stairs needed to access the lakeshore. For the sightline variance, he stated that since a variance was required to cross the average J a Dale Applicatloii Received: 4-23-03 Date Application Considered as Complete: 5-30-03 60-Day Review Pei:lod Expires: 7-30-03 REQUEST FOR COUNCIL ACTION ...... JUN 2 3 2003 CUYUrUMONO CONSENT AGENDA ITEM Date: June 18,2003 Item No.: 7 Department Approval: Name: Michael P. GalTron Title: Planning Director k Administrator Approval: at Agenda Section: Zoning Item Description: #03-2897 Atlantis Pools on behalf of Irfan Altafullah, 2520 Thoroughbred Lane - CUP - Resolution List of Exhibits A - Resolution B - Notice of Planning Commission Action C • Memo and Exhibits of Junel 1,2003 Application Summary: Applicant requests a Conditional Use Permit for construction of an accessory structure (swimming pool) on a ‘through’ lot. Planning Commission Recommendation Planning Commission reviewed this item at a public hearing on June 16,2003 and on a vote of 6-0 recommended approval of the requested CUP, finding that the pool will be located meeting required setbacks and that there are no apparent impacts to adjoining properties which would need to be ameliorated by screening or other action. It was noted that the proposed pool basin must He moved eastward and northward from the location shown on the site plan to meet the required 10* setback from the adjacent deck/stairway system. There is sufficient room on the site to accomplish this while still meeting required setbacks. Wetland . The wetland on the site is a Type 1 or 2 that is not on the formal Orono list of protected wetlands (1974 Inventory). A portion of the wetland (the ‘open water ’ area 35’ from the edge of the proposed pool patio) does appear on the more recent (2003) MCWD inventory map. The wetland is protected by a specific easement and covenant which disallows any structures within the easement area. The survey indicates the defined easement area and shows that the pool and patios will be 14' from the easement at the closest point, and 35’ from the open water wetland. Since there is no required Orono setback from this easement, there is no encroachment, and there is suflicient room to move the pool to meet the 10* structure-to-structure separation requirement. Staff Recommendation Staff recommends approval per the attached resolution. COUNCIL ACTION REQUESTED Adopt or amend the attached resolution. i A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03 SUBDIVISION 10 - FILE NO. 03-2897 WHEREAS) Irfan M. Altafullah and Tabinda I. Altafiillah, husband and wife, (hereinafter "the applicants ”) are the owners of the property located at 2520 Thoroughbred Lane within the City of Orono (hereinafter the "City") and legally described as follows: L ot 3, Block 1, Old Crystal Bay Road Second Addition, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicant has made application to the City of Orono for a conditional use permit per Orono Municipal Zoning Code Sections 10.03, Subdivision 10 to allow construction of a pool which constitutes an accessory structure on a through lot, requiring a conditional use permit. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. 2. This application was reviewed as Zoning File #03-2897. The property is located in the RR-IB Rural Residential Zoning District, which requires minimum lot area of 2.0 acres and minimum lot width of 200*. The lot conforms to width and area requirements. 3.The Plaiming Commission reviewed this application at a public hearing held on June 16,2003 and recommended approval of the conditional use permit based on the following findings: a)The pool is to be located near the house and meets the setbacks that would be required of a principal structure. The pool will have no impact whatsoever on the properties north of Watertown Road, which are the properties the ordinance seeks to protect, and there are no apparent impacts to adjoining properties which would need to be ameliorated by screening or other action. Page 1 of S 4. 5. The proposed pool basin surface is 20' x 44' or 880 s.f, requiring a IS' side setback as well as 1 O' from the pool surface to any other structure. The pool as proposed is 39' from the side lot line but only 6' from the upper level deck. There is sufficient room to move the pool ei^er northward or eastward to meet the 10' separation requirement. The proposed pool will not encroach the wetland easement affecting the property. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed conditional use permit on the health, safety and welfare of the community. The City Council finds that granting a conditional use permit to allow construction of a pool accessory structure on a through lot will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit per Orono Municipal Zoning Code Section 10.03 Subdivision 10 and Section 10.56 Subdivision 16(C)(6) to allow construction of a pool which constitutes an accessory structure on a through lot, subject to the following conditions: 1.Council approval is based on the site plan submitted by the applicant, attached to this Resolution as Exhibit A, except that the pool shall be relocated northward/'eastward to meet the required 1 O' separation setback from the pool basin to the adjacent deck/stairway system, while also avoiding any fill or structural encroachment within the defined wetiand easement. Any amendments to the site plan which arc not in conformity with City codes will require further Planning Commission and City Council review. Page 2 of 5 2. 3. 4. 5. Applicant is advised to check with the Minnehaha Creek Watershed District (MCWD) and obtain an Erosion Control Permit and/or any other permits that MCWD may require for this project, prior to commencement of construction. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council tq)proval, or the conditional use permit approval will expire on that date (June 23,2004). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants’ heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 23rd day of June, 2003. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owneifs) Page 3 of S '.i > i I i 1 I ^ i 5 ! ■i 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 Otono, 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. l! Notary Public Page 4 of5 -----^ ■w STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of .2003, personally q>peared before me, ____who is personally known to me ____whose identity I proved on the basis of, whose identity I proved on the oath/afTnmation of. a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public 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. a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public Page 5 of5 tfajiaiAMilati. CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 ZONING HLE #03-2897 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: June 19. 2003 TO:Irfan Altafullah 2520 Thoroughbred Lane Long Lake. MN SS356 COPIES: Atlantis Pools Scott Hubbard 4321 68th Ave. N. Brooklyn Center. MN 55429 TYPE OF APPLICATION: Conditional Use Permit DATE OF MEETING: June 16, 2003 Planning Commission recommended as follows; Approval per staff recommendation, as follows: 1.Pool shall be relocated northward/eastward to meet the required 10' separation setback from the pool basin to the adjacent deck/stairway system, while also avoiding any fill or structural encroachment within the defined wetland easement. 2.Applicant is advised to check with the Minnehaha Creek Watershed District (MCWD) and obtain an Erosion Control Permit and/or any other permits that MCWD may require for this project, prior to commencement of construction. VOTE: 6 FOR 0 AGAINST Applicant's next scheduled meeting is confirmed as: City Council - Monday, June 23, 2003; meeting starts at 7:00 p.m. If you desire certified copies of the official Plaruiing Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. If you have questions, please call Planning Director Mike Gaffton at 952-249-4600. V. < Dale Application Received: 4-23-03 Date Application Considered as Complete: 5-30-03 60-Day Review Period Expires: 7-30^3 To:Chair Smith and Planning Commissioners Ron Moorse, City Administrator From: Date: Subject: M’V''* Gaffron, Planning Director June 11,2003 #03-2897 Irfan Altafullah, 2520 Thoroughbred Lane - CUP - Public Hearing Zoolog District: Lot Area: RR-IB Single Family Rural Residential, 2-acre min. 2.28 acres Application Summary: Applicant requests a Conditional Use Permit for construction of an accessory structure (swimming pool) on a ‘through* lot. Staff Recommendatiot*: Staff recommends approval subject to slight relocation of pool to meet 10* structure-to-structure separation requirement. Pertinent Code Section: 10.03, Subd. 10:Conditional Use Permit required. All accessory buildings on through lots located in “R“ Districts shall require a conditional use permit. List of Exhibits A - Application B - Survey/Site Plan C - Septic Diagram D - Proposed Pool Plans & Elevations E - Property Owners List F - Plat map G • Site photos H - Covenant I - Excerpt from MCWD Wetland Functional Classification Map Background The applicant proposes to construct a swimming pool and associated patio areas on a through lot, border^ by Thoroughbred Lane on the south and Watertown Road to the north. The intent of the ordinance in requiring a CUP is to ensure that structures located in the functional rear yard of a through lot will not have negative visual impacts for adjoining or nearby properties, especially those located across the rear road (Watertown Road, in this ca>e). The proposed pool basin surface is 20’ x 44 ’ or 880 s.f, requiring a 15* side setback as well as 10' from the pool surface to any other structure. The pool as pro x>sed is 39’ from the side lot line but only 6 ’ from the upper level deck (see survey enlargement and photos). There is sufficient room to move the pool eithei northward or eastward to meet the 10* -eparation requirement. 'I I J M3-2897 June 11,2003 P«fc2 Wetland Setback. The wetland on the site is a Type 1 or 2 that is not on the formal Orono list of protected wetlands (1974 Inventory). A portion of the wetland (the ‘open water’ area 35* from the edge of the proposed pool patio) does appear on the more recent (2003) MC WD inventory map. The wetland is protected by a specific easement and covenant which disallows any structures within the easement area. The survey indicates the deflned easement area and shows that the pool and patios will be 14* from the easement at the closest point, and 35' from the open water wetland. Since there is no required Orono setback from this easement, there is no encroachment, and there is sufficient room to move the pool to meet the 10' structure-to-structure separation requirement. The applicant is advised, however, to contact the Minnehaha Creek Watershed District to confirm that the proposed pool will not encroach any MCWD setback or buffer requirements. Through Lot Considerations . The pool is to be located near the house and meets the setbacks that would be required of a principal structure. The pool will have no impact whatsoever on the properties north of Watertown Road. Because no variances are involved, no hardship need be demonstrated. LOT ANALYSIS WORKSHEET Lot AreaAVidth : RR-IB Lot Area Lot Width Required 87,120 s.f. (2.0 acres)200' Actual 99,440 s.f. (2.28 acres)315' Setbacks; RR-IB Required Proposed Front 50' min and behind font line of house 105' Rear (north lot line abutting Watertown Road) 15' min subject to CUP approval 180' Left Side 15' min 210' Right Side 15' min 39' # :n M3-2S97 - June 11,2003 Pages Issues for Consideration 1.There are no apparent impacts to adjoining properties which would need to be ameliorated by xreening or other action. 2.The proposed pool basin must be moved eastward and northward to meet the required lO* setback from the adjacent deck/stairway system. There is sufficient room on the site to accomplish this while still meeting required setbacks. Staff Recommendation Staff recommends approval of a conditional use permit for accessory structure on a through lot, subject to the following conditions: 1.Pool shall be relocated northward/eastward to meet the required 10' separation setback from the pool basin to the adjacent deck/stairway system, while also avoiding any fill or structural encroachment within the defined wetland easement. 2.Applicant is advised to check with the Minnehaha Creek Watershed District (MCWD) and obtain an Erosion Control Permit and/or any other permits that MCWD may require for this project, prior to commencement of construction. --------------------- r tby-2r-200a lIsQlu Fror>CITY OF ORONO ♦9S224948IB T-523 P.001/009 F-089 A AppBcatkm# Date lUctIvcd___________ Amount Md CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION Sit© Address ______ Type of Application to be Filed____ Property Identification Number (PJD.) APPLICANT i ^ ^ Phone (horned - 03 iP N«ne_ ^hone (wodcl 7fc>F — j~g 0-~Cfo \ Address vpa/City 76>P- J-g 0-C/o ? Zip r~r~yA^ PhOTo (home) 9 T"A~ ^OWNER (if^fferent than i^l|can|)| / y Date ftonerty Acquired __________________________ I (do)(^ TOg also own the adjacent parcels of lan<i T % FEES > CONDITIONAL USE PERMITS - $ 75.00 For each variance request with CUP application (month^rear) 2C_ $250.00 Residential Accessory Use - $250.00 Institutional (church, school, etc.) ___$250.00 Quest House/Ouest Apartments ___$250.00 Duplex Credit/Bldg ___$325.00 Comroercial/Industrial Use ___$250.00 Land Alteration ____ Orading and filling - designated wetland or floodplain ____ Grading and filling - 501 cu. or more Grading, seawall, retaining walls within 75' of lakeshore PRD/PIO - see Pee Schedule SI 50.00 Renewal Fee (n? change fiom ori»nal application) After*the*Fact Fee - Do ’ble Current Application Fee OTHER APPLICATIONS _____$275.00 Commercial Site Plan Review (+ consultant fees) _____$300.00 Vacation ____ $250.00 Easement Vacation _____$100.00 Easement Vacation With Subdivision _____$350.00 Rezoning (PUD - refer to fee schedule) ____ $375.00 Comprehensive Plan Amendment _____$100.00 A]^als _____Other - see Fee Schedule #2837 IM TERTOWN ^ ROAD DRAINAGE AND UU.ITY EASEMENT \ \ V- / / \ i S' ?,T ’PT33b?'H // X-J. jr!f^3y,"'! - ?,- H f, \ T uc ate %0'!>' / / '. {«i»‘ g?% < 5#^ 1 |l. V. jsf.4^X f —^=n?5:ot_ - '♦ 14.0 LFE-1026.5 EXISTING HOUSE 38.4 £..^S|-^^_ ?6.o - -\--ii -1 \ 1 69.5 f ELECT TRANSFr EDGE BIT WOAD s 83*45'00 42.46 N88*t5'00"W 240. J4-w A^woo" THCROUGHBRED 'Ta NE .;':: ■•: !■ i -V *•..' 120 SCALE IN FEET = EXISTING SPOT ELEVATION. X(998.0>= PROPOSED SPOT ELEVATION ^•■•••■" = DIRECTION SURFACE DRAINAGE DESCRIPTION: LOT 3, BLOCK 1, OLD CRYSTAL BAY ROAD SECOND ADDITION HENNEPIN COUNTY, MN. ADDRESS 2520 THOROUGHBRED LANE AREA = 99440 SF / 2.28 ACRES EXISTING HARDCOVER HOUSE 2837 SF DRIVE =1800 SF PORCH = 196 SF DECK = 285 SF TOTAL 5118 SF (5.15 %) PROPOSED HARDCOVER POOL&DECK 1865 SF TOTAL 6983 SF (7.0 %) ;>;■ ■SJ > •S 0 ,2 3La o a; o is ^S u! ^ p :;-J QClCX. O 0; Cl. ^ to F:! m o ^ o ro CM N yS S Sv W. \ • ^ \I 16 \ 1 "M ^io?.snv-ii _*'™- ., 39 n cq FV^'^’ortON, A' nmnii- i LFE= 1026.5 EXISTING HOUSE 38.4 15.5 o 12.5 9___ir>r"' |CN 26.0 ( WA^^*<OtJ>A ^AT3i fl' A. /LO*'^f 60 VATA-1-^*0 - <V*^fc ^\JiJ \ (w^ 11 r^t“ o~* _iit*v ij- APP» OVEOASSUBMtTTEO □ W* 3VE0 WITH COflRECneNS AS NOTH) □ NOT/ PPflOVEO-CORRECTSRESUeMT KEEP Tl 08 PU/18^M # • 1^ I ci SPiroofollon Tests XSOil Borings -^6cnch Morli Sfnto; ±**S6 ^ Note- Titis tyslim ii to tt constructed to mtfl ^ ^ — the tfnncsoto RoluHon CorM Agency Chapter 7080 % U>cal Ordinance Check all underground utilities 5«V. PRCO£RTY OFi ^yXM ^^eiiA_AlLL- }=P.^ fti ^togfrWi, I S-PT€$TINQ^ Onignid Sy-^^i.(2*jL«He==^ Ooto:&/l3y3fH m»>4g7-S9«6 P tl'X m•c • t» *• . :• «r i •^■ ••••1 • • ... .:.••• • •' 1 * . :• o • •• y-. •t . .1 R • # v-i vNtfv •; 5-Y 'i;- *•'.• .* i:i % r U-: \ J-,s'; •s^;!ri5III L •-* .• V t.>* *>1%V V.-1 [‘V’-iy* 4 ■ •i'At pool is only as good as the quolily of materials that go into its planning and design. ;.*^ r* •-«» .-I JSl /Thfougj^t the cntir^anufacturing process, noihiit^is bcc^)aicd in a Signature Ediiiofi Pool. Tltlrteir^sure you of the highest quality pool for years of caicliec fun. Wall panels are constructed using sturdy 14-gaugc galvanized steel protected by a zinc coating, and suppoiled with steel A-frame biacing for stienglh. In addition, a series of specialized suppons significantly adds to the quality and durability of your pool. Deck braces help support the weight of the surrounding deck and prevent shifting under citanging soil conditions Skimmers have their own special mounting bracket. Jigs both align and support the ladder and handrail for strength and safety. All liners fe:3ture a handsome tile and print pattern and arc construct'd from premium grade 20 mil virgin vinyl Filtration and circuLtion systems as wed as aluminum coping are fabricated from a variety advanced technology materials which are extremely resistant to corrosion. 1^ /. CoK':hvredSted WjHPonefs u CJuge. RrxdC23S 2. Steel A fnmc btjcc with OptionjI Anchor Pbte J Aufomar^c Stt^yrfcr 4. Concrete Bond Dcjm 5 Aluminum Receptor Coping 6. Deck 4Ti» 7. Vmy! Liner s^tth Tife Border 9na Pnnt Bottom 8 Sled Deck Drxc (Optional) 9. Return Line I — zrtTW'T * jgj:; ytf^CTT^?;^ VV j THREADED ROD A-FRAME ASSEMBLY )••• m ^•m^ • • •• SHORT OCCK BRACe ANCLE • OPTONAL • LONC DECK BRACE ANCLE • OPTIONAL • BEARING PLATE SHORT ANCLE REVERSE ANGLE • VIEW TURNBUCKLE A-FRAME ASSEMBLY * TURNBUCKLE ANCLE DRIVE STAKE BEARING PLATE SHORT ANCLE REVERSE ANCLE VIEW • * w. • 9 m • •LONG. ANCLE. STANDARD A-FRAME ASSEMBLY DRIVE STAKE BEARING PLATE SHORT ANCLE • Title A-FRAME ASSY. 2 PIECE DECK BRACE Revised: 10/14/94 Orowing No. &ole: NONE AFDStDrawn: C.C.K. X kUN DAI £: ^17^1 3S 0411723110013 PROP ADOR 2430 THOROUGHBRED LA OWNERNAME J C SKOOLUND JR A S SKOQLUND TAXPAYER J C SKOOLUND JR A S SKOOLUND NAME/ADDR 2430 THOROUGHBRED LA LONG LAKE MN 55350 3S 0411723110016 PROP ADOR 2570 THOROUGHBRED LA OWNERNAME SNABJRUPS TAXPAYER STEVEN N A BETTY HUPS NAME/ADDR 2570 THOROUGHBRED LA LONG LAKE MN 55356 38 0411723110019 PROP ADDR 2485 THOROUGHBRED LA OWNER NAME J D A M E HAVEMANN TAXPAYER iERKV D A MARIA E HAVEMANN NAME/ADDR 2485 THOP.OUGHBR’^i) LA ORONOMN 55356 38 041 lTi31 10022 PriOP ADDR 2605 THOROUGHBRF'^ LA OWNERNAME J A ERLANDSON A R FRLAN JSON TAXPAYER KXW A A ROMY ERLANDSON NAME/ADDR 2605 THORQi IGHBRED LA LONG LAKE MS 55356 38 331182344 X)18 PR. ADDR 35 HACKOrRAYHILL OWNERNAME RW WAGMA:4 ETAL TAXPAYER RICHARD W WAOMAN NAME/ADDR 35 .iACKBERRV HILL 'long LAKE MN 55356 I *38 331182344002? PROP ATOR 2440 WATERTOWN RD OWNERMAME WAPELUS TAXPAYEt. WALTER T ELUS NAMc/ADOR 2440 WATERTOWN ROAD LONG LAKE MN 55356 ii' . HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 0411723110014 PROP ADDR 2460 THOROUGHBRED LA OWNERNAME KWWILTADSWILT TAXPAYER KEVIN WILT A DEBORAH WILT NAME/ADDR 2460 THOROUGHBRED LA LONG LAKE MN 55356 38 0411723110017 PROP ADDR 2600 THOROUGHBRED LA OWNERNAME SCAAIHANKEY TAXPAYER STEVEN C A AMY JHANKEY NAME/ADDR 2600 THOROUGHBRED LA LONG LAKE MN 55356 38 0411723110020 PROP ADDR 2525 THOROUGHBRED LA OWNERNAME BRADLEY E A MARY J BAKKEN TAXPAYER BRADLEY E A MARY J Ba KXEN NAME/ADDR 2525 THOROUGHBRED LA LONG LAKE MN 55356 38 0411723110023 PROP ADDR 38 ADDRESS UNASSIGNED OWNERNAME ORONOUMITEDPARTNERSHIP TAXPAYER TONY EIDEN COMPANY NAME/ADDR 4100 BERKSHIRE LA PLYMOUTH MN 5544A 38 3311823440019 PROP ADDR 2480 WATERTOWN RD OWNERNAME R W WAGMAN A J B WAGMAN TAXPAYER RICIiARD W A JUNE B WAGMAN NAME/ADDR 35 HACKBERRY HILL LONG LAKE MN 55356 38 3311823440035 PROP ADDR 40 TRUFFULA TR OWNERNAME LC ACOSTA A V P ACOSTA TAXPAYER LUIS C A VERONICA P ACOSTA NAME/ADDR 40 TRUFFULA TR LDNGLAKEMN 5Vi56 38 041172311C015 PROP ADDR 2520 THOROUGHBRED LA OWNERNAME IRFAN M ALTAFULLAH ETAL TAXPAYER IM A T1 ALTAFULLAH NAME/ADDR 2520 THOROUGHBRED LA LONG LAKE MN 55356 38 0411723110018 PROP ADDR 2425 THOROUGHBRED LA OWNERNAME P M DEJUTE A S H DEJUTE TAXPAYER PAUL M A SUSAN H DEJUTE NAME/ADDR 2425 THOROUGHBRED LA LONG LAKE MN 55356 38 0411723110021 PROP ADDR 2575 THOROUGHBRED LA OWNERNAME ANDREWGESTOCLET taxpayer ANDREW G ESTOCLET NAME/ADDR 2575 THOROUGHBRED LA LONG LAKE MN 55356 38 33118234^0017 PROP ADDR 35 HACKPERRY HILL OWNERNAME RW WAGMAN ETAL TAXPAYER RICHARD W WAOMAN NAME/ADDR 35 HACKBERRY HILL LONG LAKE MN 55356 38 33*tK23440027 PROP ADDR 22 HACKBERRY Hia OWNERNAME M J ERKHARTATA ERNHART TAXPAYER MICI4AEL J ART NAME/ADDR 22 HACKBERRY HfJ. LONG LAKE MN 55356 38 3311823440036 PROP ADDR 80 TRUFFULA TR OWNERNAME RKASMAHESHWARJ TAXPAYER RAJKASHAKUNMAHESHWARl NAME/ADDR 80 TRUFFULA TK ORONOMN 55356 PAGE: 1 ■/Ns© u. i: n a y •' 4 r RUN DATE ;y27/20QI 5t 3311123440042 FROPADDR 2590 WATERTOWN RO OWNERNAME ROUERTFIRRJANICESUESS TAXPAYER ROBERT F JR a JANICE SULSS NAME/ADOR 2590 WATERTOWN RD LONOLAKEMN 55356 N , V’ • HENNEPIN COUN1Y PROPERIY INFORMATION SYSTEM PROPERTY OWNERS LIST PAGE: 2 U 3311123440043 PROPAODR 31 ADDRESS UNASSK2NED OWNERNAME ROBERTFSUESSETAL TAXPAYER CmrOPORONO NAME/ADDR POBOXM CRYSTAL BAY MN SS323 I CERTIFY THATTHE FACTS REPRESENTED ARE AN ACCURAll AND IHUEREPRESENTAIICX^OF INFORMATION AS IT APPEARSTHS DATEONTHE RECORDS OFTHE HEPMEPIN COUNTY TAXPAYER SERVICES DEPARTMEKT. TO IHE BEST OF MY KNOWLEDGE AND BEUEF. _ by "7 f Xi e ■ -« '1 ^ .1 mmm : . . : i- r*'i 1 5- -i.' h iJiiii • r .* .'dlrl; .}■r.'* \ v'/r ^Sr*c;4f^ ipsim % \: .1 ' i. '• \ rn ■V ; •' - '• /. •. / .' •1 S''\oC '-t-L'; {'K' [*■ X * r f ** v^ i ! H i'^lJ,I;LlJuU / •- ifi';' t r T'! . ♦•• i Vv- ' ■ Vf-* » 't in m- * ';p f •, n r ^ * Ilf4 .fv. ■ Efttlii’I ^1-' te^r k raPr-^r],sjir f rN8-J -■< Ji iiif'i '■4i' / » ^ ^‘‘- T ^f t:..;- •, ; —* . **• 4 fc ^ ' '•* ’ ^ ^ • , f ^ , ‘*r* ■* fc*- • >— * , V^ • '• *•’ >'- . ‘ - ' • • “ I* •*’•'« V *^ * ■ m •' ^ ■.*' * • .. . .*'• ■ '^- • .*s.*.. • • '' V. • • • . 1^ . \ . • ^ • • . .4. , V'-^--- -•••' -\:x» ■: h ;l ' »*vV-v: . ...v^' -'V ’ ■■■ . u-,.• i * ' ‘ . k, ♦ ■ i • • f ••• v-'T -• ‘ Yh, '' " ^ ‘ • '.V .. # • .•i-i H STATE OF MINNESOTA ) COUNTY OF )ss. COVENANT OF DEDirATfON Coffin ““ rrr«£H£^£-H%taccordance with the terms and conditions set forth herein. stipulat ion .^ 9f fact of Engineers permii number 94^2434 NW {«" *33 A*N* f"' ‘^6 * number (2fi) ,0 develop wetland; and Ute U S ulc “ 34"4).“"'‘‘‘'"'’" ^ Cl™ tect (« Vendor^f Lo.sT-‘ Ba, Road Second Addition «Vt:S;.^^t.^rorSS and"-Tr r. 6 S; ffiolt '• County. .\IN and is the Contract for Deed t Tr„l" o? I.. i«.™, .M 4«ct; J.That a ponion of the real estate described above is a wetland under the reculato.7 junsdiction of the St. Paul District of the U S Armv rnm?!lr p • pursuant to Section 404 of the Clean Water Act. ^ • « 4 That the undersigned applicant and the St. Paul District of the U S Armv Corps ot E.ngmeers have reached an agreement whereby the undersign^ tltowinte of'^o^s of r ^ ' P“r" of "“»«'»"<> in accordance with ihe^entt^^ronSom of Corps of E.ng,nee.-s Permit number 94-02434 NW JIY. 33 CFR 330 .AddT Nationwide permit number 126V and that in ovHn-.j___ !. . ^ "PP- ^ wetland. “Smen!^'£ ,t by dedicating the easements as defined in the attached Exhihit a r«rb, dMk.i., .1. .4.™™ „ P.nt>r> I A * • documem by. *1:*('“"^ ">« «««i™ »f iWs county Recorder for lL“pin “■« «ram.d'bu. Jt “dSon "«« ^nserv^y area: and. «.« upon re;t'p.*r:::,V^r'"?^nrf:^?iconservancy area; and, that upon receiot of^ “*® “ the execution of this Covenant. consideration for date of “““'ion of this d^^em“birt"• “ of'''' equitable interest in the property described in p!I/k*r^' the exient or their legal and/or with the land and be binding on the undersigned J ^’ht itfgro e.xpiicitly included in any transfa'convwMM*'^**''* *** iniplicitly and E.xhibit A or any pan thereof ’ and ir, ^„ P">P«y <l«i:ribed in encumbrance affecting all or any ’pan of thi nr™.IT’ orencumbrance afrectiiig aur»w paTofS„r '“T'",: “"veyance or the terms and conditions of this document elih^'lf'*^ desenbed in Exhibit A shall set fonh in mil text. ™'"‘ *>>' ‘o this document or set fonh DEED AND USE RESTRICTIONS c„», are the Owner in fee and Contract for DeS Ven*e?«^ b«% warrants that theyare the Owner in fee «7con^ct ro^ V 'T'"'’’'’ "''V described as Exhibit A; and that the easemerits^ecitSln rh^a “* “1?“''' perpetuity for use as a conservancy area. ^ '' “* dedicated in agree to^r«tri"ctruroSrastflSws"''’'' I i • A except as providedNationwide permit numbpr (26). ww jj y, 33 CFR 330 - App. A. ttJ.Pauc 2 nfx.J .....T::*"’"*' Pl»'*i"g »r aiing diau beallowed or conducted on the --------? Be sheep or other livestock dtall be kept or grazed on theeasetnen, L’^SiSa ’ untreated siornrwater"Md**llow"*’ '""T*’ Bxcavation. direct introduction of written approval from the Corps of En^nee^”*''*'''’" permitt«. subs'^:r’;ro:e^1::^r^^^^^^^^^ “ .J. conservmion areas by dte violation, and that the pr^periy Z™r ^ * "'™“ administrative, civil or criminal aaion. P««a niay be the subject of 6. upon wriiten ajprov^zre ofst^'r™ "“>1 ""Hlified or revoked onlyapproval^of the Distnct Engineer of the St. Paul District of the U.S. ArmyCorps of Engineers. To be effective such annmJ. ‘ »' Anny recorded pursuant to the law of the Stale of Mnnesota. * authenticated and heirsanLssignIt^-Sg“rdl;?h^« ORd|NO UMH^ PARTNERSHIP byj|ii/(»V#h ■ Presid sni of James Development Corpo Ration, a Minnesota Corporation, a General Partner of Orono Limited Pannersliip STATE OF MINNESOTA ) COL'NTY OF HENNEPIN ) on behaff XumitSS'^’ ‘ the law, of Minnesota. notarvp SSuc ? KwmaOTA RAMSEY COIINTY^^ My cwwntiow ««1*a>'M f . • . ..............—d^..____n*«riA • .%** f am J • —ji r . ; ) ■; - Etii.lP.,■iiMjtd ^OOD Po.\D oc <! i-'J *% 4 4 / /r- / •v/r-i- ‘‘j /.CvVo LAK[\ HlziGHTS' IK I I 66 w:~:j,-' ‘<£tj • *• • •* N'.. . 'V/ • I. • • .*. . „•: •, ;• •:• <• V .V ■ ■ 0 * ■• * • * • • N*"' f/. it* ■«*'■ ‘.. .’^V I* % «• »'•*•* I. : v: •:•: •I-.-.* • • # .V' • • • -r-v • % ^ i• * • • • • ' • .•! ; .• • • >• I * * ':-i v\ ‘ V ' ■ 5 , * ' ff t*. • ^ ? X . . . , [■ •' * ''f'■i»i J'-,:. V'• • V 4 • %, V V. ‘ A,; ■5 , ;v. ^ / .•'•>'1 ■.' ■'■1. * * . • I 1 iliii 1 til Faet WETLAND CLASSIFICATION MAP CITY OF ORONO Minnehaha Creek Watershed District LEGEND City of Orono Boundary Wetland Classification Type1 Type 2 Types Type 4 Types Types Type 7 Types i□□ □ Potential Restoration Wetlands Incomplete Stormwater Ponds Not Assessed Not Assessed WeSands Assessed Wetlands Legal District Boundary Major Watersheds Lakes lliilii • •,**•«• !•*•*'•* *r* *• ’ •• ^ f i€?iK'm ymm}. {)UL ^yj| b} f J9 .ti 0TtT9 ]'• -fe*i'^ IIP •*—-\fi^.VyC5 mmrnmm x' f' 1 PM Slf bTi bTi bTiW Wi mim s«4l Sj! © j I rf.^ ' '7'im *; »V/r3b * y« rz « *^*’A »rj. AMm* *v^ j ':\d Vfi 1 ^.1 ~ r- ^ 5tf4^ r W>^ -• '*“*^' k ^m. * * ^ « N ■' 14 Date ApplkaHon Received: 4>23*03 Date Appikalton ContMered as Complete: 4>29-d3 Initial M-Day Review Period Eipires: 6-2g43 Eitended on 5-21-03 to: 8-27-03 JUN 2 3 2003 Cii Y UrnJNU REQUEST FOR COUNCIL ACTION CONSENT AGENDA ITEM Date: June 18,2003 Item No.: ^ Department Approval:Administrator Approval: Name: Michael V. Gaffron Title: Planning Director Agenda Section: iZoning item Description: #03-2899 Timothy Pellizer, 520 North Arm Drive - Variance - Resolution List of Exhibits A - Resolution B - Notice of Planning Commission Action C - Memo and Exhibits of Junel 1,2003 AppUcatiom Summary: Applicant requests an average lakeshore setback variance to allow construction of a 1,228 s.f. attached garage addition encroaching 68' into the average lakeshore setback. Planning Commission Recommendation Planning Commission reviewed this item at a public hearing on June 16,2003 and on a vote of 6-0 recommended approval of the requested average lakeshore setback variance, finding that no neighboring property’s lake views would be impacted by the proposed garage addition. Applicant has acknowledged that if this project moves forward, the septic system must be relocated due to its proximity to the new construction. The exV 'ing trench system constructed in 1986 i compliant, but the proposed garage and especially its apron and the fill needed to create the apron, will encroach into the drainfield area. Applicant has not proceeded with testing to confirm that a new system can be located on the property as a replacement system, but will provide such confirmation prior to issuance of the building permit. Such confirmation is included as a condition of approval in the attached resolution. Staff Recommendation Staff recommends approval per the attached resolution. COUNCIL ACTION REQUESTED Adopt or amend the attached resolution. -A _. M. ^ ■^■,1 . i i i i ti ' ^ 2 • ■* f j A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22 SUBDIVISION 1(B) AND SECTION 10.56 SUBDIVISION 16(CK6) FILE NO. 03-2899 WHEREAS, Timothy PeIliz:Kr (hereinafter "the applicant") is the owner of the property located at 520 North Arm Drive whhin the City of Orono (hereinafter the "City") and legally described as follows: Lot 3, Block I, Victoria Estates, Hennepin County, Minnesota thereinafter the "property"); and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Sections 10.22, Subdivision l(B)and 10.56, Subdivision 16(C)(6) to allow construction of an addition to the existing residence, such addition encroaching as much as 68' past the defined average lakeshore setback line where no encroachment is normally allowed. Miiuiesota: NOW, THEREFORE BE IT RESOLVED by the City Council cf Orono, FINDINGS 1. 2. This application was reviewed as Zoning File #03-2899. The property is located in the LR-IA Lakeshore Residential Zoning District, which requires minimum lot area of 2.0 acres and minimum lot width of 200'. The lot conforms to width and area requirements. 3.The Planning Commission reviewed this application at a public hearing held on June 16,2003 and recommended approval of the average lakeshore setback variance based on the following findings: a)No neighboring property ’s lake views would be negatively impacted by the proposed garage addition. Page 1 of 5 i. 1 1 I I 4. 5. The existing trench septic system is located such that the proposed garage and especially its apron and the fill needed to create the apron, will encroach into the existing drainfleld area. The system must be relocated before construction of the addition commences. The proposed addition meets all other pertinent City codes. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variance on the health, safety and welfare of the community. The City Council flnds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect trafTlc conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty, is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 10.22 Subdivision 1(B) and Section 10.56 Subdivision 16(C)(6) to allow construction of an addition to the existing residence, such addition encroaching as much as 68' past the defined average lakeshore setback line where no encroachment is normally allowed, subject to the following conditions; 1.Council .'•nproval is based on the site plan submitted by the applicant, attached to this Resolution .s Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2.Prior to issuance ofbuilding permits for the addition, ^plicant shall confirm that the property contains primary and alternate sites for replacement of the septic system, and shall replace said system in conjunction with construction of said addition. Page 2 of 5 I i ' p I 3.Authorities granted by this resolution run with the property not with the ^licant, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (June 23,2004). 4.Violation of or non-compliance with any of the tenns and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5.The undersigned iqrplicant has read, understood and hereby agrees to the terms of this resolution and on behalf of the applicant and the applicant’s heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 23rd day of June, 2003. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Ownerfs) Page 3 of S ■A ■ 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 HENNEPIN The foregoing instrument was acknowledged before me on this_day of ^2003 by Linda S. Vee, City Cleric of the City of Orono, a Miimesota municipal corporation and said instrument was executed on bdialf of the City. Notary Public Page 4 of S f \■ i i i jt H f 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/afErmation of. a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public P«ge 5 of 5 I r. - t s 6> -f0-ai CITY OF ORONO 2750 KeUey Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249^600 ZONING FILE #03-2899 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: June 19, 2003 TO:Timothy Pellizer 520 North Arm Drive Mound, MN 55364 COPIES: TYPE OF APPLICATION: Variance DATE OF MEETING: June 16, 2003 Planning Commission recommended as follows: Approval per staff recommendation, as follows: Approval of the average lakeshore setback variance subject to no permit for the garage addition may be issued except in conjunction with replacement of the sq>tic system per City codes. VOTE: 6 FOX 0 AGAINST Applicant's next scheduled meeting is confirmed as: City Council - Monday, June 23, 2003; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Platming CommissioiL If you have questions, please call Planning Director Mike Gaffion at 952-249-4600. V- i ■ ! Date Application Received: 4*23413 Date Application Considered as Complete: 4*29-03 Inidsl 60-Day Review Period Espires: 6-28*03 Eitended on 5*21*03 to: 8*27*03 To:Chair Smith and Planning Commissioners Ron Moorse, City Administrator From: Date: Subject: Mike Gaffron, Planning Director June 11,2003 #03-2899 Timothy Pellizer, 520 North Arm Drive * Variance - Public Hearing 2UmiBg District: Lot Area: LR*1 A Single Family Lakeshore Residential, 2*acre min. 2.74 acres Application Summary: Applicant requests an average lakeshore setback variance to allow .'onstruction of a 1,228 s.f. attached garage addition encroaching 68' into the average lakeshore .'etback. Staff Recommendation: Staff recommends approval, subject to relocation of the septic system as necessary to maintain requited setbacks. PertiDcnt Code Sectious: 1. 10.22 Subd. 1(B)“B. No principal or accessory structure shall be located within 75 feet of the lakeshore nor closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots..." 2.10.56 Subd. 16(C)(6) “6. Average lakeshore setback. No principal or accessory structure shall be located closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots, except that this does not apply to stairways, lifts, landings, and lockboxes. ...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." Lkt of Exhibits A * Application & Hardship Statement B * Existing & Proposed Survey/Site Plan C * Proposed Plans & Elevations D * Septic Diagram E * City topography map F * Site Photos G * Property Owners List H -Plat map 1 #03-2899 June 11,2003 Page 2 Background The applicant proposes construction of an attached garage addition which meets all City requirements for hardcover, lot coverage, setbacks, etc, with one exception. The existing house and attached garage encroach past the average setback line as deflned by the two adjacent lakeshore homes at 460 and 540 North Arm Drive. The encroachment is an inevitable result of the unusual configuration of this property, which was created as part of the Victoria Estates subdivision in 1979. The home surrounded by applicants’ property, at SOO North Arm Drive, was not a part of that subdivision. Consequently, in order to provide lots meeting City acreage and septic requirements, the buildable portion of applicants’ property is lakeward of SOO. Also, due to the shape of the shoreline, the adjacent lakeshore home at 460 is relatively near the road. As can be seen on Exhibits B and E, the average setback line would have left applicants’ lot virtually unbuildable. Impacts of Average Setback Encroachment . The only home whose protected lake views might potentially be impacted by an average setback encroachment is 460 North Arm Drive. Due to the topography of the area, the home at 460 is approximately 25* higher in elevation than applicants’ home, which tends to mitigate any impacts. Further, the proposed addition is in line with the existing residence as viewed from 460, so that no new lateral encroachment of lake views will occur. The garage addition will have the same roof height as the existing house. Staffs conclusion is that the garage addition will create no new view impacts affecting the neighboring residence. Please review the attached photos in Exhibit F. Septic System Relocation. Applicant has acknowledged that if this project moves forward, the septic system must be relocated due to its proximity to the new construction. The existing trench system constructed in 1986 is compliant, but the proposed garage and especially its apron and the fill needed to create the apron, will encroach into the drainfield area. Applicant has not proceeded with testing to confirm that a new system can be located on the property as a replacement system. Such confirmation should become a condition of approval for the average setback variance, such that no building permit can be issued unless and until a replacement system and future alternate site can be proven on the property. LOT ANALYSIS WORKSHEET Lot Area/Width: LR-IA Lot Area Lot Width Required 87,120 s.f. (2.0 acres)200' Actual 119,230 s.f. (2.74 acres)300 ’+ Setbickst LR-Required Existing Proposed Front (Street)50'350 ’ +340 ’± Rear NA NA NA Left Side 30 ’90 ’±52 ’jt Right Side 30 ’35 ’±No change Lakeshore 75 ’155*160’ Average Lakeshore (No Encroachment Allowed)100 ’ encroachment (existing house) 68’ encroachment (garage addition) Hardcover Calculations; Hardcover Zone Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover 0-75 ’15,125 s.f.o o0 s.f. (0 %) 0 s.f. (0 %) 75-250 ’67,505 s.f.16,876 s.f. (25 %) 9,452 s.f. (14.0 %) 10,698 s.f. (15.8%) 250-500 ’36,600 i.f.10,980 s.f. (30%) 4,425 s.f. (12.3 %) (No Change) • -4- L,. M3-2899 June 11,2003 Page 4 Hardship Statement Applicant has provided a brief hardship statement in Exhibit A, and should be asked for his additional testimony regarding the application. Hardship Analysis tm coHsUerlng appUcations for variance, the PlanHing Commission shall consider the effect of the proposed variance upon the health, safety tutd welfare of the community, existing and anticipated traffic conditions, light andair, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Hanning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in Instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and shall recommend approval only when it Is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Staff would make the following recommendations in regards to the criteria for "undue hardship" pertinent to this application; 1.“The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls.” The location of neighboring homes and the unique lot configuration result in an avergae setback line that would make the lot practically unbuildable absent a variance. o “The plight of the landowner is due to circumstances unique to his property not created by the landowner.” The circumstances of this property are unique to this lot and and were not created by the property owner. 3.‘The variance, if granted, will not alter the essential character of the locality.” A variance to allow the proposed addition will not result in a change to the essential character of the locality. 4.“Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter.” Economics are not a factor in this request for a variance. 5.“Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter.” No neighboring property ’ 's access to sunlight will be affected by this proposal. 6.“The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person's land is located." (Not Applicable) 1.“The Board or Council may permit as a variance the temponuy use of a one-family dwel ling as a two-family dwelling." (Not Applicable)1 (M3-2899 June 11,2003 Page S 8.“The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” The special conditions of topography and lot shape are unique to this property. 9.“The conditions do not apply generally to other land or structures in the district in which said land is located.” The unique conditions ofthis property are not shared by most other properties in the LR-1A Dstrict. 10.“The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” Absent a variance, the applicant could not construct an addition to the existing residence, and the proposal meets all other City requirements. 11.“The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code.” Granting of this variance will in all respects be in keeping with the intent of the Zoning Code. Lake views of the adjacent lakeshore property owner will not be negatively impacted by granting of the variance. 12. “The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty.” Granting of the variance is necessary to alleviate a hardship caused by the unique configuration of the property. Issues for Consideration 1 . Neighbor’s views of the lake are not further impacted by this addition. 2. The applicant acknowledges the need to relocate the septic system on the site.. 3. The proposal meets all other City requirements. Staff Recommendation Staff recommends iqiproval of the variance subject to no permit for the garage addition may be issued except in conjunction with replacement of the septic system per City codes. Proposed Motion Motion to approve an average lakeshore setback encroachment of 68' for a garage addition at 520 North Arm Drive per the staff recommendation. ;; 'i J 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 U 03 Date Received" Amount Paid py. PROPERTY INFORMATION Site Address ^J. Property Identification Number (P.I.D.) 06, - /ly •>^-51 - incluAttach legal description to application if not included on required survey. Date Property Acquired_________10 _________ I (do) (do not) also own the adjacent parcels of land. Present use of prope^ residential ___pother (^ecify)^ 2U)ning District: k K lA--------------.__________________- .(month/year) APPLICANT Name unruy <l>eili7^a. 'ZOY3 rtatJL Phone (home) ^512 _________________________ Phone (work) ^ y - 3sao Address: 524> N) ________ City: Zio: OWNER (if different than applicant) Name SAMe Address:City:. Phone (home). Phone (work)_ Zip:. DESCRIPTION OF REQUEST Estimated Construction Cosi Describe request in detail: t it G0«/dCg Estimated Construction Cost Sj^O/O^O (attach additional SMcts 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 ^oning Code requirements: *5eO!>liSg J^AL m •‘mcjg. {*% B IfS/i Zoning Code r ________ hecriOft ta>nir-s *. fa\kip iA»ffi^AJfJ^ lAke<k^r (attach addiaonal sheets if necessary) V*’ « ( ■ / •6 TT L J t J ■ .1 \ * 1 •- 5 . ■ I submittals A V* >lat map (yo “ **''**' of Finance, A-603, oS to'Ut. h„acov« Govt Center, by a K«^ «»” * “"V Certificate of Surv^ t 8“ ^;,io„, provide one W ^ calculaliona as required. x f.„v changes in existing grade reprodttctira. /fining and proposed elevatioris) if y j Auction. X Topographic siiney(ex»« g y g^ x 11 v ^ Ad^tional items as may # >liaBC<LWPUsau»»-“-------- PPUCANT'S SIGNATO^ infoitnalion requwd ®r^ ^pplicant■s Signature<)A''^ „,ry onto the mid v^pfieatod of this requ . ^ ^ ^ f__ mimnsu •> 1 iri:LalA^i • ________5t* .vAr . > s.*i * lif ■■rl- / > I. s V ( - ^ Koum • > « A • « )T> A <X >CO '_0 jCA.f S?xr:r:r» NEW PORCH IMJR \ \ I .1.1 LANDSCAPE, I I PEROOIA f ! m m P ^KAei/\V^ w r"* '* -'fe *-7-^^'/- •?-'"» -5- *r ■‘ \V iW*'-*"- WiifiiimiAiAii!!KSS v.':'i>;'iffii'i'’" "<'^94 IIIIIII.W^ iVhiWi'P»s .v-;v •'.-V ^ . ■■ ■■ ■ ■ |^VAVWAra»fi■Lpjproj^wwl"" ■■ ■■ ■■IbAvS^^al liH SEPTIC SYSTEM INVENTOR Y DH Address: 520 North Am Dr. PID: 06-117-23 31 Building Type, re^ideqce BRs Install’d for: 4 In Musa. No Permit#: 8709 DateofPemit: 10/7/86 System Type: shallow trench Experimental: no Installer: Hayes Exc. Tank Filter: SYSTEM CONDITION Conformity: 1 Tank Condition: 9 DF condition: 11 Failure Pot: low SEPTIC TANKS Material: precast concrete Setback to Bldg: 65 Capacity: 1000,1000 Cesspool: DRAINFIELD Length of Lines: 400 # Lines: 4 Trench Width: 3 Treatment Area: 1200 Type of Filter: rock Soil Boring: yes Tile Size; 4 Under Tile: 6 PercRate: 45 Setback DF-Bldg: 45 DFHt above Wl: 30 ” Soil Type: loam, clay loam Limitations: water table S^te^wlu-Tanks: 75 Well-DF: Depth; 109Pump Type: subm. 125 Report in File yes Diameter: 4 Method: drilled INSPECTION RECORD DATE 10/8/86 6/23/88 8/21/90 9/20/91 6/9/92 9/1/93 5/22/95 8/23/96 4/30/97 5/22/00 9/03/02 DESCRIPTION installation no surfacing no surfacing no surfacing no surfacing no surfacing-pump tanks no surfacing no surfacing-pump tanks no surfacing-pump tanks confoming system, pump tanks no surfacing PUMPOUT RECORD COMPLIANCE DATE GALLONS 8/1/90 2000 10/14/93 2000 8/1/97 2000 5/20/02 1700 compliant systen 1 .j * i \ • \ dAiM 1'^ I n.' . ♦ ‘A .4 ix V . ■ '*^ VjV r-v» ' ij"•*tf- '■'St-Mi' ^‘•r- * ferr >.^..^i^j,M.- ■1W?" * , • fj. 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V ♦: >r -'-i » t . . • % ^ ‘.' •• - V > r^ ^k-. ='- .• ',4rt: ^.v ’C /V'>ftk bk-At •4*^ ! r - • r f'i ■. iwm t' ' -r *. ■ t’ -iv!^ - ...• -4 a • if .V -I ,- ’-I - *, 1^ * • t-' ^r;«; .1 c. ■.Tf. • ' • ■< •; # w- ~ec • " r _. .i>' •»• •, • ^ .• -■« •' ' fi-f ... 7 -i. ; 1' •■’; 01 •>'i;r>^-- *• / •yt, *. t V t* * Tn ••W^‘‘-'i7^.>’v ‘'‘.=V'. <v ;U;Tr-v- ^^0 A':'r4~ A( 0 r V /I Oo /v'.-rvk A(f'^ Or.OvL RUN DATE :4/l7/20DJ 31 0611723310003 PROPAOOR 440 NORTH ARM DR OWNERNAME RAPSTERNAU TAXPAYER RENE R PATRICIA STERNAU NAME/ADDR 440 NORTH ARM DR MOUND MN 55364 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 3t 0611723310004 PROP ADDR 460 NORTH ARM DR OWNERNAME TJASJWANNER TAXPAYER THOMAS JR SUSAN J WANNER NAME/ADDR 460 N ARM DR MOUND MN 55364 38 061I7233I0005 PROP ADDR 520 NORTH ARM DR OWNERNAME TIMOTHYPELUZZER TAXPAYER TIMOTHY PELUZZER NAME/ADDR 520 NORTH ARM DR MOUND MN 55364 PAGE. I 38 0611723310006 PROP ADDR 540 NORTH ARM DR OWNERNAME CONNIEKPtEPHO TAXPAYER CONNIE RPIEPHO NAME/ADDR 540 NORTH ARM DR MOUND MN 55364 38 0611723420006 PROP ADDR 38 ADDRESS UNASSKSNED OWNER NAME VICTORIA ESTATES HOMEOWNERS TAXPAYER VICTORIA ESTATES HOMEOWNERS NAME/ADDR OO THOMAS MAZER 560 NORTH ARM DR MOUND MN 55364 38 0611723310009 PROP ADDR 500 NORTH ARM DR OWNERNAME M DA Hi HOY TAXPAYER MATTHEW DA HEIDI i HOY NAME/ADDR 500 NORTH ARM DR MOUND MN 55364 38 0611723320003 PROP ADDR 405 NORTH ARM DR OWNERNAME LAKEVIEW GOLF OF MTKA INC TAXPAYER LAKEVIEW GOLF OF MTKA INC NAME/ADDR 855 RED OAK LA MOUND MN 55364 I CERTIFY THATTHE FACTS REPRESEhTTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OFTHE HENNEPIN COLT4TY TAXPAYER SERVICES DEPARTMENT, TO THE BEST OF MY KNOWLEDGE AND BEUEF. _ _ r" DATE S by f . . ••• '■ ! i t ^ nppT Application Date: 60 Day Deadline: 04/23/03 06/23/03 JUN 2 3 2003 REQUEST FOR COUNCIL ACTION 0.1 r OHONu DATE: June 18,2003 ITEM NO. 7 Department Approval Name: MikeGaflron Title: Planning Director Agenda Section: Zoning Item Description:#03-2900 Wm. Yale Smiley and Timothy J. Mahoney - 2730/2760 Pheasant Road 1) Lot Line Rearrangement - Resolution 2) Easement Vacation/Rededication List of Exhibits: A - Resolution - Lot Line Rearrangement B - Resolution - Easement Vacation C - Survey D - Notice of Planning Commission Action 5-28-03 E - Easement Vacation/Dedication Descriptions F - StafTMemo and Exhibits of May 12,2003 Application Summary: Applicants request approval for a lot line rearrangement between these two developed residential lots. Smiley is acquiring a portion of the Mahoney property near the road for construction of an attached garage addition. In exchange, Mahoney will gain an additional S' of width from the house to the lakeshore, resulting in an equal acreage trade. The application also involves the vacation of an existing drainage and utility easement along the Smiley lot boundary, and the granting of new easements cither side of the new boundary. Please review the memo and exhibits of May 12 for further information. Planning Commission Recommendation Planning Commission reviewed this application on May 19, 2003 and recommended approval by a 6 to 0 vote, subject to the following: 1. Applicants to grant a 10' drainage & utility easement (S' either side of new lot line). 2. Applicants to provide title opinion to confirm ownership of each property. STAFF RECOMMENDATION: To approve the enclosed resolutions. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed resolutions. I IT i A RESOLUTION APPROVING A SUBDIVISION OF A LOT LINE REARRANGEMENT FOR PROPERTIES LOCATED AT 2730 AND 2760 PHEASANT ROAD FILE «M)3-2900 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 Orono (hereinaAer “City Council”) has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, tlie City Council has considered the application for a subdivision of a lot line rearrangement by William Yale Smiley, owner of2730 Pheasant Road, and Timothy J. and Kelly A. Mahoney, owners of 2760 Pheasant Road (hereinaAer “the subdividers”) of properties legally described as; Lot 2, Block 1, YALE SMILEY ADDITION, (Smiley) and Lot 15, “Pheasant Lawn” (Mahoney) The above properties in Hennepin County, Minnesota; (hereinaAer “the properties”); and WHEREAS, the properties consist of two developed lots owned by the subdividers and shown on the surv'ey attached hereto as Exhibit “A”; and WHEREAS, aAer due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono Zoning and Planning Codes, the Orono Planning Conunission held a public hearing on May 19,2003, at which time all persons desiring to be heard concerning this application wc. e given the opportunity to speak thereon; and WHEREAS, the subdividers have completed all requirements of the City for a metes and bounds subdivision of a lot line rearrangement for division and combination purposes, resulting in the relocation of the common lot boundary between the properties, as shown in the survey attached as Exhibit “A” resulting in a new legal description for each parcel as shown in Exhibit “A”; and Page 1 of3 i WHEREAS, the intent of the rearrangement is to allow for the construction of a new attached garage for the Smiley property without requiring a side setback variance. WHEREAS, the LR-IB Single Family Lakeshore Residential District requires a minimum lot area of 1.0 acres and a minimum lot width of 140'. Prior to the lot line rearrangement each lot was substandard in lot area and lot width compared to the standards for the LR-IB zoning district; and after the lot line rearrangement each lot remains substandard in lot area but neither lot gains or loses area. The Smiley parcel decreases in defined width from 109* to I OS* at the 75* lakeshore setback, and the Mahoney parcel increases in defined width from I2S* to 129* at the 75* setback. However, the two parcels still meet the intent of the Comprehensive Plan of the City of Orono because no new building sites are created, having no impact on the overall density; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the lot line rearrangement of the properties by the subdividers as shown on the certificate of survey by Mark S. Gronberg, a licensed surveyor of Gronberg & Associates, dated June 2,2003, as attached in Exhibit “A", subject to the following conditions; 1.Applicants shall provide a title opinion for the property confirming ownership and encumbrances. 2.Applicants shall dedicate to the public an appropriate drainage and utility easement along the new property line. 3.The aforesaid division shown on the attached Certificate of Survey shall be filed by the City of Orono with either the Hennepin County Recorder’s Office or Registrar of Titles Office on or before December 23,2003 together with a certified original copy of this resolution. 4.The approval granted by this resolution shall expire if the division 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 2 of 3 'n Adopted by Uie City Council of Orono, Minnesota diis 23rd day of June, 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 23rd day of June, 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 June, 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 3 of3 I i . A RESOLUTION APPROVING THE VACATION OF A DEDICATED DRAINAGE & UTILITY EASEMENT WITHIN LOT 2, BLOCK 1, YALE SMILEY ADDITION - FILE NO. 03-2900 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, William Yale Smiley (hereinafter the "applicant") is ouiter of Lot 2, Block 1, Yale Smiley Addition, Hennepin County, Minnesota; and WHEREAS, the applicant has requested that the City of Orono (hereinafter "City") vacate a portion of the drainage and utility easements dedicated to the public within the plat of Yale Smiley Addition, such easement portion to be vacated legally described as follows: That part of the 10 foot wide drainage and utility easement along the southerly 10 feet of Lot 2, Block I, Yale Smiley Addition which lies easterly of the easterly line of the westerly 10 feet of said Lot 2 and westerly of the westerly line of the easterly 10 feet of said Lot 2. (hereinafter "the drainage easement"); and WHEREAS, after due published and mailed notice, the Orono Planning Commission held a public hearing on May 19, 2003 regarding said easement vacation, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, after due standing and consideration, the Planning Commission recommended approval of the requested easement vacation and the City Council of the City of Orono finds that said easement vacation, as proposed, is in keeping with the public interest in consideration of the following findings: 1. The vacation does not affect access to or use of any adjoining property. 2.The City has not and does not intend to develop, improve or use the easement portion to be vacated. Page I of 3 I; I »• •• • 3.The iq)propriate utility companies have been contacted and none are opposed to the vacation. 4. 5. The easement portion as it currently exists serves no public purpose. Vacation of the easement will allow the construction by applicant of an attached garage without encroaching the easement. 6.A new drainage and utility easement will be granted at a location adjacent to the easement being vacated to serve ftiture drainage and utility needs. NOW, THEREFORE BE IT RESOLVED, that the petition of William Yale Smiley is hereby granted and that the portion of drainage and utility easement as legally described above is hereby vacated. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 23rd day of June, 2003. ATTEST: Linda S. Vec, City Clerk Barbara Peterson, Mayor Page 2 of 3 L— » i . I 11i n i STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 23rd day of June, 2003 by Barbara A. Peterson & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public t , m Page 3 of3 CERTIFICATE OF SURVEY AND PROPOSED LOT LNE . irr^XTlTVWILLIAM YALE SMILEY III « TIMOTHY J. MAHONEY OF LOT 2. BLOCK 1. YALE SMILEY ADDITION AND LOT 15. PHEASANT LAWN HENNEPIN COUNTY. MINNESOTA it BS*42 ‘30’' E 73.00 - *♦. k iSSSSf EXSITNC HOUSE fim 2 "•BJSS*JE?SAi£S* I PROPOSED .... ?L0T LINE SURVEY...... UC A 4 / ,-m^ K- ' // / f idSB, SSS*’// t-,, , HOUSE 1 #»«c r « ~ 15 ...... L-20.13 A>10r46 ‘ 27* R-t1J2 MS‘? / ^k^rso-R, ......N87M9'40'W I2982... ma I29.9IM.M PHEASANT ROAD plfTIMQ LCCAL XS»tPT»gM-» miiXf : t#t I. •!•«*» t. VAU •iurr ADOITIOM TIM IMHONET ^MICCL : t#l •WCASAMT T •HUCY Mn Hi. HONEY k * *.< Me#*42'30"C 73.00 m 'SSSEkv EXSITNG HOUSE #27M .............. '-V •^ssiAsssr .** /•'*. f PROPOSED LOT LINE SURVEY. L»C / I f* EXISTING house ' nna w «» /*> ?/ •• /> as*’// 15 fS&:SS\£>XZ VjT K »s .fiMfieNfQyiut .. •/‘■l A 4/ *1* ..... L-20.13 ^•102*4«' 27- R«n.22 fii^AV ...... N 87*19'40- W 129.82^ m 129.8.MW. PHEASANT ROAD • _— -V tMi4 CONTOII IM TPtSTIMO ItCAL DCSqnPTIOIg ; SMILCY PA8CCL : Lot 2. 8lo«h 1, TALC SyilLEY a OOiTION Tiy yMOCY PAHat : tot \5. -PtCASANT LAPW mOFCSa ICGAL OCSCRIPTIOM : SMILP PAUCtL ; Thooo porto of Lot 2. ilooh 1. YAIC SMiLCr ACOITION ^ Lot p«»crtto4 lino: Sooinniog ot tM (root mlorly eofnor of told Lot 2; thonco on ^ (liSfICtf -M^z_____ AA ^ K I okjoojol Ia I mmt IK IK* */WJ 44 minutfd 4 tfoprooo 09 mlnutot ▼ Iftj OArntTL • TfiABa mirlo Af Lot 2 Blech t. TM.C SMIlP AOOITION on4 Lot 19. ^PlCASANT LAHT of^teA Ho iouthorly of tho folovl^ ^ dooerlbod lino* Boainnino o^ tho trot I ooitorly corner of told Lot 2; thonco on o booflnp of South ^.*^1^*** *"**“5*?o^Sn* if!??* • 4 i*oS*^l#2!i^fool* thofMO South^TO doorooi 09 rrunutoo 30 oooondo Coot porollol olth tho oouthorlv lino of oold ^t 244 mlnutot 49 tocondo Cotl o dlotor^t:® cf 21.99 foot to on Intorooctlon olth tho norihorly lino of tM oout^flp 3.12 foot of odid Lot doproot Olmlnutoi 30 oooondd Coot olonp told northorly I lr»o of oouthorly 3.92 foot to tho •outhoootorly lino of o 9w^9Tof*[KKh*M^ifM^t^nutoo^4^ •f 3d.40Ino: Bool^ifM ot tho n»ot oootorly eornor of told Lot 2; thonco on o Poorinp of South u doprooo at0 South^TO doorooo 09 ml nut oo 30 tocondo Coot porollol with tho oouthorly Hno of oold Lot 2 J**}*'*^J5* J??*'*? ?}}ln? 87 fyy49 oooondo Coot o diotonco of 21.99 loot to oo Intorooctlon olth tho norihorly lino of tho oout^rly 3.92 footmlnSTHM oocondo Colt olonp oold nor thor ly lino of oouthorly 3.92 foot to tho oouthoootor ly lino of oold Lot 2 ond oold Hno tnoro ondlof. oold Lot 2 ond oold Hno Ihoro oodlnp. » foiooi U. T o : donotoi Iron morkor CMU)t donotoi osltllnp opol otoyolldn. moon ooo lovoi dottjn Boorinpo thoun oro koood upon on oooifmd doticn. Thii ouryoy Intondo to ohoo tho boundorloo of tho ®*»«*d.4oocr 1^ projofty. tho locotlM of tuo ooloHnp houooo. ond tho locoHon of oH ylolblo -horde thoroon. It dooo not purport to ohmy ony other inprovmnonti or or«croochrmnt 0*«l PROJEC '^5 ,ri •KJ.JFTt md \ m CjaiS mrinwMf oritKiMiMm 17Wj4f_ Ik. Jr ro^ WIII iam TaLe'^SMIL^yIK TIM MAHONEY vi «» lot is. ^asant uwn HENNEPiN COUNTY, MNNESOTA .HONEY “’•o ..............^ // ‘.4 T rafBvK avr I -. tf Ca \ ,.. Htv*r3cr t 734».... § : t WTUTY 8 • / 'SS85? EXSITNG HOUSE n7»OM. MO 2xn&ssr PROPOSED SURVEY....... L»C f 'Jb.'rs^s- ........../LOT LINE / /■ / /' - I" .V • JSS*" 15 / I. ..•• • •••*m* a '4 L-20.19 A-t02*4«' 27* R-tm /^•orso-R ....... ST*!#* 40" W l?flA? ^ •M <29.9««.y. PfIEASANT ROAD • CCNTOW US PISTIIC UCAL OCSCRIFTIOMS l 8MILCY PmXL i Ul 2, tlocli 1. YAIC 9H1LCY ADDITION TIM IMOCY FANCCL : Lot IS. -KASANT Umr NtOrOfiCD LC6AL OCSONimOMI : 9MILCY PARCn. : Thooo.porlo ^»*TsS E2‘l«2 Mi. TIM MMOCY PANCCL : Thoo# porli of Lot 2. ■jocli I. YALE ! OoocrIMO lino: Soojfinlnf ol tho nott •ooUrIp * Ufti tMnct Soulh^ OD m.iuiUn M I 44 immilot 45 ooconSt Eoil o dlolonci. «*/ fool to on !:.:*! siwriiiMr. ^?f»»-jsC.5r.aHiaT:«porollol ollh IlM toulhorly lino of ool4 ^t 2 • •• TSIma <*uli 1 i:,T.Sl»Sn:i5rSo s:Ji«3.'Eun;oJi n.i ?»L.t * «m •.). m;. ii»r. -4\t. • i donolot Iron imrLor (MU): dofioloo OHiotIno opot olovollon. moon ooo lovol dalon •oofinot oHoiM OfO OoooO upon on ooomd Oolicn. TMo owrvoy Inlondi to tKoo tho *^I?K?l•^IL.M4•f-lno locollon of loo oalollno ^o^ «n<lllioroon. It 4000 not porporC to oOoo onp othof hfproypmnlo or onoriHMimnio. OOOo ^Oro II II II MIUBOI W PROJECT 445 li OriNiU 152-47: A> r «f //7 O . - . ? f O lO o> (O oo r«*<Noto 00roe to •iiMa • •! » %y «tfr< t»>WCt $«Mli I • tn«r« • 4i9\mcm *f m %4f9 urn ??r»nrxii It HwOrtMkl UQ.\ y \ / \S^ c<af-J»®f—. Si•*• ~—«i____ ..••• \ 9»SV ‘ nun ______ .................................M STON l ^ BCTA—«*O proposed « 2 ADDITION S•* r 12 otcvt imiiS T.* ..••• c*:..................... :;;, N 70*09* 30H~y^ \ r ....^ ....^ ® 70n)9-30« E 36.0^i> /K I J M .......... r 1 A 70*09'30" W 240.90 ** S / ^^)Si L***»»»t««»»»•••••♦•••• (^.0) 16* •^OAC.^--------- - - - - - 2' ,t / .78 / V,95*»^ / ■^sisr V; i- «l\ 5; ,1 5( A* \ir.' w •« .. St \j*^" i k / /\.0t O / S X'«.”^p‘‘ I % 240.90 ^^o) c£.-[9K^ ^ --a^ \5 ” ^ /• / yftjA 1*559^ / i \ i \ ^•f ••••••••••••! rV>.' SSf®SE0 ^TfONM A S 8 (0^ iiniiK f4 ■"I."5.:---......... ...••*,.•• ........ ^ ^ N y*09«3Qw f / ...•* *••.....„ f S^OW30«E36.o^fi; 1'^‘ N t4^[/ / V'"•* 70*09' 30" VV ifji 35 ,cT\HG ' |Si...{|.. ^ 8 /I I 2.0 U.0 ^ J‘^) X ^,j7rt ?s^. »»?S2f 2' y . 0.7^ s^e> ISsmT 5^ S7C*^ :<.«?2 «l\ \ \ i«s¥ A9'40’ ••••••••*•••••♦••• «>.i %roa ^>s ^ r^ - 5 L. / X/ D-l ^k,oc»^ V ac C S/HilEV' 4o V /■ .•••■ :': • •;.• • HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) EXISTING HARDCOVER IN ZONE A House ER^l Ltngth X X X . I B. Garage ... . C. Driveway X X •• f •; :> Iv* D. Sidewalk .. . •. r*. X X E. Paiio/Deck X X •*. • •• . i F. Landscape Underlain By Plastic Or Fabric X X X * >- V- G. Other *•;v ;v.:. j * TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A f B PROPOSED HARDCOVER IN ZONE ' A House .i. i Length ' • : • \ *y V': X X X • • • f a .• V* . .VI • • * B. Garage C. Driveway X • X D. Sidewalk X X E. Patio/Deck X X ... / .r :.r-^ i.. 1 • . • :r- . . F. Landscape Underlain By Plastic Or Fabric X X X • . ’ v.i *« •> * I* 0. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A • * B 75-250'250-500'SOO-IOOO' Width X too Width ^^sj; - fr W • •S.F.i m • S.F. m SF. m S.F. m S.F. • * m S.F. i m __SF. m • SF. m S.F. m SF. • ' m SF. B •S.F. B SF. B _S.F. S.F. f o S.F.A S.F.B i B y«> _S.F. •• a B S.F. a S.F.J ■_S.F.i B _S.F. B • S.F. •« • •_ S F. B S.F _SF S.F.3 r ■i _SF.j SF. B SF. ■_SF. B _S.F.•• O SF.A ' S F.B i B o H W/ V^te. S aailey ' •4*- HARDCOVER CALCULA nOij WORKSHEET SETBACK ZOr«:: (CIRCLE ONE) 0-75*75-250’250-500* A. House X v'Len|0i X •X• •••• X '* e. ..B. O^c C. Driveway X . ‘ * X r • * X D. Sidewalk • X• .* r«* • X • ••• . E. Palio/Dcck X • • X• • • • • * *• • , ; v'^.' '-i •'•F. Lar.^lscape X Underlain X J • 4l‘ C V By Plastic X ;• .. ? • • -* • \ ^ . a'' > : i 'v^.v; •• ••.A. Or Fabric • G. Other KEmn EU , ISi POI»«0+ 4,- £OtX..X \V:dJi a a m a a s 3B~pz>uEr?^ I . !• '} ? ,• ' • •• • ’ * • *. •* • • »\ • • : : " ■ •. • • ;• •-V.; ■ -r • f. !•:'■ TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A + B X 100 PROPOSE J HARDCOVER IN ZONE' A. House _____________ ... Unjth Wijih X X y B. Garage C. Driveway ^€/o ;• - < V VC; •, - •.** - • . - 'V. . ‘'n * ^ C4/4CL D. Sidewalk • •E.*fttraOcck///i' »/f# ##C<c X X X • * •t* ‘ . i* . • -' • . *:• • ' . **5-, • ' r. ;I>• ----vv : V^'r^ v . ;■ /Afi/^rsa rtAUS t^Qn, /O'y i ' F. Landscape Underlain By Plastic Or Fabric 0. Other X X X SOO-IOOO' .1 •... . . TOTAL HARDCOVER IN ZONE , TOTAL PROPERTY AREA IN ZONE t7,tSoi ‘/S‘« ' ‘P !? A - B .XIOOo^,. = ‘v Ttf f • I94fl S.F. 70 f S.F. SF. 1^*-S.F. 12^S.F.- 965"SF S.F. SF .SF. 111 SF S.F. 27 q-SF. S.F. S.F. S9 SF. 3 66^S.F. 17,2^0 SF. Z«.27 % SF S.F. SF. SF. ^zco Sr. SF. S.F. - SF. 3.F. 4 2//S.F. A ro S.F. SF. S.F. S.F. SF. ^2 25"S.F. /%4$o SF. Z4.C<_% PMP6*ac CO n CRC- V/<^R/0 0)r*C^ A A B ^ i.* •« U/. Y ale •.. / / HARDCOVER CALCULATION VVORKSU SETBACK ZONE: (CIRCLE ONE) EXISTING HARDCOVER IN ZONE A. House 0-75* X 75-250 ’500-1000' Length WiuJj . V . X X X r %; B. Oarage • C. Driveway X X D. Sidewalk X X s 6 . S- 'E. Patio/Deck • ‘A - X X * , * •• • •• • ■ F. Landkape Underlain ■ By Plulic Or Fabric X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE - B X 100 • t $ » •» PROPOSED HARDCOVER IN ZONE' A. House • f • • \ \ *• Length \ViJ;h X X X a a •* • •. ’•r. ■ i •V B. Garage . C. Driveway V. X X •v •D. Sidewalk X X • • • • •* 4- • ’J. •• y. : •TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE • • • •• e xlOO » .. •• .•' >.. '-s * 0^*' •• .**’• 'i •• • . ^________ SF. SF. SF. S.F. S.F. SF. S.F. SF. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. A SF. B S.F. S.F. SF. S.F. SF. SF. S.F. SF. S.F. .• «;■ - ' • W * E. Fatio/Deck X m SF. X m SF. i» A • * a F. r^dscape X m SF * . • *J Underlain X m SF. By Pla.^tic X m SF. ' i A *'‘.rV* • •*•»>-• •VvrW..v. * • **1 *■; Or Fabric • t • 0. Other • X .S.F. S.F. A S.F. B —.... ! ♦ I H M fiiv AfAnoMer nKH£>»SA ist La «a SETBACK ZONE: (CIRCLE ONE) EXISTING HARDCOVER IN ZO?^ / v Houie HARDCOVER CALCULATION WORKSHEET 75-250’250-500'SOO-1000' Length Width • A • ^ ■ . • •4*^? * X X X r ."**'? - • *C. Drivewiy '• • fv X X • ,«-*l ■.';{''-D. Sidewalk X X • •• •• %v ••.*• • V * ■ ^ F- L«nd$ctpe .‘Underlain X X V- By piaatiw X X X Or Fabric . i',. ,; '“•>v'■. :*v - • TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE ' vl.*? proposed hardcover in ZONE' A House B xIOO V •.*- 1** •—•Length Width W^iyy" :. V* * 0«.,e X X X Driveway ^!l• X X Sfiii: .; .-''r/- ■- '• *. . /'I--*’* : Di Sidewalk X X E. Palio/Deck i X X •» 'w, • .• • 1r,* ii‘ V Landscape ./ i i’- 'Vi- ' V ■ Underlain /-:lU '.: By Plastic. .i v,fV Or Fabric »•• . ^ X X X y TOTAL HARDCOVER IN ZONE _____ xlOO S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. Vo S.F. S.F. S.F. S.F. S.F. S.F. ST. S.F. S.F. S.F. SF. S.F. S.F. A B S.F. S.P.- • S.F. S.F. % A B I i 7m MiWohEY 4-tC'o3 u, • ll* ’*/•?• _» f-J . ^ ••’ly." *i'HARDCOVER CALCULATION WORKSHEET / ;/ . : : SETBACK ZONE: (CIRCLE ONE)\‘ v jauaiCiJ House EXISTING HARDCOVER !N ZONE 0-75'.250’250-SOO'500-1000' 2^7 € S :\-• %•ytngth Widih •' I • - -X •; •• X X X C. Drive Sidewalk Driveway X X Palio/Dcck • A ^ ^ X X »V<-‘ X X •*. ft* V‘ ■; ^ ■• F. Landscape Underlain ByPlaslic X X X SF S.F.-sv«e v«Mtt c c Oai'/gwMY S.F.^av40*fTf ' S.F.-cohc, /105 S.7. -BUdk« S.F. CpUC.WA S.F.- t <rf€Pi S.F.-A/r S.F.-Orc:^ IQZft Sp-flOCKONf S.F. S.F. ''. O. Oihcr •' ■*:. •' ■■■ .Wy-.-*T •.^ ;« •T*. • A* /• . . *: V7 - • V. :»■ p TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A + B X100 - Z7^ 7SO 74.79 SF. S.F. y» A B PROPOSED HARDCOVER IN ZONE* J/:r^d. TWf Z€n^^ icrct /7cf /c/ •X ■ • A House S.F. Length WidOi V.;:, •• X X X S.F. S.F. S.F. 'ilvv/'V B. Oarage S.F. V ’ 'v^v; !:. *'• C, Driveway • •• ■ \'hy D. Sidewalk X X S.F. S.P.- X X S.F. SJ. X X S.F. S.F. I : ' F. Landscape •j /I'.y-:Underlain By Plastic ■ .;:,ylc'Or Fabric■ I X .\ X S.F. S.F. S.F. Other «r SF. TOTAL HARDCOVER IN ZONE Ji7, "7So^ /B'O €279 xlOO - Z7. T70 24-. fS SF. SI. H A B 22A------S.F.0^,2- 1 1 KcN UAH:: 4/11/200} 38 2t! 1723230011 PROPAODR 2683 PMI-ASANTRO OWNER NAME G II NEDERT * J A HEOERT TAXPAYER GHIIEOERTAJAIIEDERT NAME/ADDR J68S PHEASANT RD EXCELSIOR MN 33331 38 2111723230014 PROP ADOR 38 ADDRESS UNASSIGNED OWNER NAME PHEASANT LAWN HOMEOWNERS TAXPAYER PHFJ^SAN I LAWN HOMEOWNERS NAME/ADDR 2700 PLEASANT RD EXCELSIOR MN 33331 38 2111723230019 PROPADDR 2690 PHEASANT RD OWNER NAME MJAORPUDIL TAXPAYER MKTIAELJAGAILRPUDIL NAME/ADDR 2690 PHEASANT RD EXCELSIOR MN 55331 38 2111723230023 PROPADDR 2763 PHEASANT RD OWNER NAME STEPHEN L DAKKE ETAL TAXPAYER STEPHEN L BAKKE NAME/ADDR 2765 PHEASANT RD EXCELSIOR MN 55331 PROPADDR OWNER NAME TAXPAYER NAME/ADDR 38 2111723230051 2710 PENCE LA D EIIAHERMAN A H RIIARERMAN D I- HAUERMAN A H R HADGRMAN 2710 PENCE LA EXCELSIOR MN 33331 38 2111723240036 PROP ADM 2693 SHADYWOODRD OWNER NAME S DAB A PAULSON TA3CPAYER STEPHEN A BOTHAINA PAULSON NAME/ADM 269A SHADYWOOD RD EXL v LSIOR.4N 55331 .UgJ, HENNLiMN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST PACE: I 38 2111723230012 PROPADDR 2693 PHEASANT RD OWNER NAME BARBARA 3 REDDICK TAXPAYER BARBARA i REDDICK NAME/ADDR 2693 PHEASANT RD EXCELSIOR MN 33331 38 2111723230015 PROP ADDR 2760 PHEASANT RD OWNER NAME TJ MAHONEY AKA MAHONEY TAXPAYER TIMOTHY J MAHONEY NAME/ADDR 2760 PHEASANT RD EXCELSIOR MN 33331 38 2111723230020 PROPADDR 2680 PHEASANT RD OWNER NAME M A A K M DOli lFE TAXPAYER MATTHEW A KATHLEEN DOLLIFF NAME/ADDR 2680 PHEASANT RD EXCELSIOR MN 53331 38 2111723230029 PROPAODR 2701 PENCE LA OWNER NAME PAUL JOSEPH RANDALL TAXPAYER PAUL JOSEPH RANDALL NAME/ADDR 2701 PENCE LA EXC ELSIOR MN 55331 38 2111723230032 PROPADDR 2720 PHEASANT RD OWNER NAME W1LU*M YALE SMILEY TAXPAYER WILUAM YALE SMILEY NAME/ADDR 2720 PHEASANT RD EXCELSIOR MN S333I 38 2111723320001 PROPAODR 2791 PHEASANT RD 03VNERNAME LNALCSUNOET TAXPAYER LEU5ND N SUNDET NAME/ADDR 2791 PHEASANT RD EXCELSIOR MN 33331 fin 38 2111723230013 PROPADDR 2703 PHI:ASANrRD OWNER NAME CAK JOHNSTON TAXPAYER G PA K A JOHNSTON NAME/ADDR 2703 PHEASANT RD S EXCELSIOR MN 35331 38 2111723230017 PROPADDR 2700 PHEASANT RD OWNER NAME MICHAEL J CULLEN ETAL TAXPAYER MICHAEL J CULLEN NAME/ADDR 2700 PHEASANT RD EXCELSIOR ..IN 53331 3i: 2111723230024 PROPADDR 2725 “HEASANTPU OWNER NAME TGAN VAUGHAN TAXPAYER TIMOTHY G A NATAUE VAUGHAN NAMIVADDR 2725 PHEASANT RD EXCELSIOR MN 33331 J 38 2111723230030 PROP ADDR 2683 SHADYWOOD RD OWNER NAME R W DROWN A M H BROWN TAXPAYER RKTIAROW A MARION H DROWN NAME/ADDR 2683 SHADYWOOD RD S EXCELSIOR MN 33331 38 2111723230033 PROPADDR 2730 PHEASANT RD OWNER NAME WILUAM YALE SMILEY III ETAL TAXPAYER WILUAM YALE SMILEY III NAME/ADDR 2730 PHEASANT RD EXCELSIOR MN 33331 38 2111723320002 PROPADDR 2793 PHEASANT RD OWNERNAME RICHARD A MARZAN TAXPAYER RICHARD A MARZAN NAME/ADDR 2795 PHEASANT RD EXCELSIOR MN 53331 .V. , Ay w,47 P; V... :l •••^:, ■ v'' W^?'-» ■ ■■■ RUN DATE :4/ll/20D3 31 2111723320003 PROPADDR 2799 PHEASANT RD OWNERNAME ELMER3MARTINSON TAXPAYER ELMER J MARTINSON NAME/ADOR 2799 PHEASANT RD EXCELSIOR MN SS33I 31 2111723320007 PROPADDR 2713 PENCE LA OWNERNAME SJSYNDER*SLSTERN TAXPAYER STEVEN SNYDER/SHERRYL STERN NAME/ADOR 2713 PENCE LA EXCELSIOR MN 33331 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 31 2111723320004 PROP ADDR 2800 PHEASANT RD OWNERNAME JAMESDECHTENKAMPETAL TAXPAYER JAMES R JEAN ECHTENKAMP NAME/ADOR 120 BIRCH BLUFF RD TONKA BAY MN 33331 38 2111723320003 PROPADDR 2789 PHEASANT RD OWNERNAME JRGTEYNOR TAXPAYER OAIL MR JOSEPH TTEYNOR NAME/ADDR 13223 CARDINAL CREEK RD EDEN PRAIRIE MN 33340 I CERTIFY THATTHE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARSTHIS DATEONTHE RECORDS OF THE HENNEPIN COUNTY TAXPAYER SERVICES DEPARTMENT, TO TOE BEST OF MY KNOWLEDGE AND BEUEF. y DATE WENT. TO TOE BEST . V 7 -J .jL- . mt/i' ' rgT 1 11 * //' ‘ ( V,... m fAGE:2 \ J t -fut i F GITYoTORONO Munld|Ml Offices Strut Mifsii. 27S0 Ktlhy Paritway Orono, MN 553S6 Mailaf AMrtts: P.O. Box 66 Crystal Bay, MN 55323 0066 May 1,2003 Wm. Yale Smiley 2730 Pheasant Road Excelsior, MN 55331 Timothy J. Mahoney 2760 Pheasant Road Excelsior, MN 55331 Re: Proposed Lot Line Rearrangement & Easement Vacation/Rededication Gentlemen: The City of Orono has received your application for a lot line rearrangement to accommodate a garage addition on the Smiley property. The City is required to notify you within ten (10) business days as to the status of your application. At this time, your application has been found to be complete except as noted below. The rearrangement necessarily includes the vacation of a drainage and utilities easement along the existing Smiley lot line, and rededication of such easement along the new lot line. Please have your sur\ eyor provide legal descriptions for the portions of easement to be vacated and for a new replacement easement. This information should be submitted no later than May 12 if possible. I note that the existing 10' easement is entirely within the Smiley property; we would accept a replacement easement of 1 O' width either entirely within the Smiley property or 5* either side of the new lot line. The City will be contacting the utility companies to verify they do not oppose the easement vacation/rededication. Please note that at the end of the lot line rearrangement process you will be required to provide a title opinion for both properties. Your application is scheduled to appear before the Planning Comnr.iasion on Monday, May 19, at 7:00 p.m. Please make sure that you or a representative are available to attend the meeting. You will receive a staff report regarding your application prior to the meeting date. Please do not hesitate to contact me at 952-249-4622 if you have any questions. MikeGaftron Planning Director I. »«■ ^7- ^ lUephoM (952) 249-4600 • Fax (952) 249-4616 M '■ ‘k , ■ T' J ■ 1: D I ! CITY OF ORONO P.O. Box 66 ZONING HLE # 03-2900 NOTICE OF PLANNING COMMISSION Crystal Bay, MN 55323 952-249-4600 ACTION DATE OF NOTICE: May 28,2003 TO: Wm. Yale Smiley 2730 Pheasant Road Excelsior, MN 55331 Timothy J. Mahoney 2760 Pheasant Road Excelsior, MN 55331 TYPE OF APPLICATION: Lot Line Rearrangement DATE OF MEETING: May 19,2003 VOTE: 6 FOR 0 AGAINST PlaBning Commission recommends the foilowing: Approval as submitted, subject to: This item will be scheduled for Council action upon receipt of the following items: 1. Signed/notarized Drainage and Utility Easement 5* either side of new lot line, per standard D&U easement form (enclosed); your surveyor has provided a legal description for such easement. 2. Title opinions for both properties. 3. Copies of all easements currently affecting both properties. 4. 3 copies of the survey with signature block for property owner, Mayor and City Clerk, signed by all property owners. The City Council meets on the 2*^ and 4"* Mondays of each month. Final Council action on your lot line rearrangement will be scheduled for the next possible meeting as soon as the above items have been submitted. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. If you have any questions, please contact Mike Gafiron at 952-249-4600. f ■ GRONBERG & ASSOCIATES, INC SURVEYING. ENCNEERING AND LAND PLANNING 449 N WLLOW DRIVE LONG LAKE. MINNESOTA SSSSS 932 473-4141 Fax: 9S2-473-443S Proposed Legal Descriptions For Drainage and Utility Easements For Yale Smiley and Timothy Mahoney Mav I2003 FYISTINO DRAINAGE & UTILITY E ASEMENT TO BF VACATED That part of the 10 foot wide drainage and utility easement aiong the southerly 10 feet of Lot 2, Block 1, Yale Smiley Addition which lies easterly of the easterly line of the westerly 10 feet of said Lot 2 and westerly of the vs ^-.terly line of the easterly 10 feet of said Lot 2. NEW DRAlNACfE & UTILITY EASEME.n’T TO BE DEDICATED A 10 foot wide easement for drainage and utility purposes over, under and across those parts of Lot 2, Block 1, Yale Smiley Addition and Lot 15, "Pheasant Lawn" which lie within 5 feet on each side of the following described line: Beginning at the most westerly comer of said Lot 2, thence on a bearing of South 53 degrees 21 minutes 48 seconds East a distance of 36.40 feet, thence South 70 degrees 09 minutes 30 Seconds East parallel with the southerly line of said Lot 2 a distance of 36.00 feet; thence North 67 degrees 44 minutes 45 seconds East a distance of 21.55 feet to an intersection with the northerly line of the southerly 3.92 feet of said Lot 2. thence South 70 degrees 09 minutes 30 seconds East along said northerly line of the southerly 3 92 feet to the southeasterly line of said Lot 2 and said line there ending. .-..n•1.. I’ve .. » • * •, •. .1 .4. I Date Application Received: 4/23/03 Date Application Coniidered as Complete: 4/23/03 60-Day Review Period Expires: 6/23/03 To:Chair Smith and Planning Commissioners Ron Moorse, City Administrator From: Date: Mike Gafiron, Planning Director May 12,2003 Subject: #03-2900 Wm. Yale Smiley, 2730 Pheasant Road Timothy J. Mahoney, 2760 Pheasant Road - Subdivision of a Lot Line Rearrangement - Vacation/Rededication of Drainage & Utility Easement - Public Hearing Zoning District: LR-1B Single Family Lakeshore Residential, 1 -acre min. (43,560 s.f.) Lot Area: 2730 Pheasant Road: 2760 Pheasant Road: Existing 0.58 ac. 0.75 ac. Proposed 0.58 ac. 0.75 ac. Application Summary: Applicants request approval for a lot line rearrangement between these two developed residential lots. Smiley is acquiring a portion of the Mahoney property near the road for construction of an attached garage addition. In exchange, Mahoney will gain an additional 5* of width from the house to the lakeshore, resulting in an equal acreage trade. Pertineat Code Sections: 1.10.24, Subd. 5B: Minimum lot area required » 1.0 acres dry buildable Minimum lot width required = 140' List of Exhibits A - Application B - Plat map C - Survey - Existing & Proposed Lot Lines D - Hardcover Calcu'*'tion Worksheets E - Property Owners Liit F - Staff letter to applicants 5-1-03 Background Applicants propose to move the boundary between their two developed residential lots to accommodate a proposed garage addition at 2730 Pheasant. A similar rearrangement was approved for 2720-2730 Pheasant in 1984 to accommodate pre-existing encroachments onto the2730 property by the house at 2720. The home at 2730 was then constructed in 1985. ' !■ : f ■:: 1 - i j f #03-2900 May 12,2003 Page 2 Lot Standards Lot Area A Width Each developed lot is slightly substandard as compared to the 1-acre LR-IB zoning district requirement. For substandard lots, the City in many past applications has approached lot line rearrangements from the perspective that the lot areas should remain the same, neither gaining nor losing area but doing an equal trade. That is exactly what is proposed with the current request. Because these are lakeshore lots, the width is measured at the shoreline and at the 75' setback line. The defined width of 2730 decreases from approximately 109* to 105' at the 75' setback, with no change at the shoreline due to the commons lot (see survey). The defined width of2760 increases from 125' to 129' at the 75' setback line, with no change at the shoreline. At the 35' street setback line, 2730 increases from 90' to 100', and 2760 decreases from 177' to 167'. Setbacks Both existing homes meet required setbacks, and the proposed attached garage and deck additions will meet the required 10' side setback and average lakeshore setback when the lot line rearrangement is completed. Hardcover Both lots have land within the 0-75' and 75-250' zones. “Before" and “after” hardcover numbers indicate both lots will remain just under the 25% limit for the 75-250' zone after the lot line rearrangement and proposed additions. Each lot has minimal or no hardcover in the 0-75' zone. Lot Coverage bv Structure Each lot in both the 'before' and 'after' condition contains substantially less than the 15% limit on structural coverage, hence no variance situation will be created. Th j 'before' and 'after' lot standards are summarized in the table on the next page. Utilities; Easements Both lots are served by municipal sewer and water. The existing sewer and water connections will not be affected by the rearrangement. The existing 1 O' drainage and utility easement along the west line of2730 is proposed to be vacated and a new easement granted in its place. The applicants have provided a legal description for the easement to be vacated and the new easement to ^ granted, 5' either side of the new lot line. A letter has been sent to the utility companies to confirm whether they have any objections to the vacation/dedication; no word back as of this writing, however, no objections are anticipated. , i f 1 r; I I i «03-2900 ' May 12,2003 Page 3 Lot Standards Table: 2730 Pheasant Road 2760 Pheasant Road Standard Required or Allowed Esitting Proposed Eibting Proposed Lot Area 43,560 s.f min.25,380 s.f. (0.58 ac.) 25,380 s.f. (0.58 ac ) 32,796 s.f. (0.75 ac.) 32,796 s.f. 1 (0.75 ac.) Lot Width 140' min.109'105'125'129' Hardcover 0-75 0%0%0%0%0% 75-250 25% 21.3%24.6%24.8%24.95% 1 Lot Coverage by Structures 15% max.8.5%%8.5 % (9.7% after proposed additions) 9.3 %9.3 % 1 Issues for Consideration I. Does the proposed rearrangement leave each lot with u^a and width dimensions in keeping with the neighborhood? 2. Any other concerns about the proposed lot line rearrangement? Staff Recommendation Staff recommends approval of the lot line rearrangement, subject to the following: 1. Applicants to grant a 1 O' drainage & utility easement (S' either side of new lot line). Applicant? to provide title opinion to confirm ownership of each property.2. i il A Application # ^3 "d-^OO Date Received ‘s -5 Amount Paid CITY OF ORONO - SUBDIVISION APPLICATION PROPERTY LOCATION cr Q lTgc ? Siteaddress 9 n \€.(n s f^v^ ~t Evct=i-<;>r>c^ \ PropertyldentificationNumberfPlD) a^^^*7a^a^&os^3^» O o »S’ Please check one - Property____abstract or /✓ torrens? A.ttach legal description to application. APPLICANT Name ^ v?A\.g. m. IN 0 Address o Ro City Eycpl ^xcj ^________________ •OWNER (if difiy eiit than applicant Name o)%4 T~T ^^0/7C V _______Phone Otome) q g a • Hi i • o m q ^ Zip5Si'i\Phonefworkl Cs^'i • o\• qT > ;-i-----rai<x#:> Address ^^CtSrt-KfT' City Phone (home) (attach list if more than one) Zip,ySB^Phone (work) EXISTING LAND USE Number of Tax Parcel Development Size sg •. /. jjy/ /r. Acres Dry Land Acres Wet Land Acres Total, all parcels Present use (check) »)/ Residential; no. of units ^ ________ Other (specify) _________ Present Zoning District LH ) b PROPOSAL Division for Tax Purposes Lot Line Rearrangement Only (no new buildling sites) Subdivision for New Building Sites N’umber of Buildinj, Sites £x:sting Units New Units Total Units Proposed Gross Density Minimum Lot Size Proposed Use (check) Units per /. 33 Acres Sq. Ft. Dry Buildable Land Residential _ Other (specify) OL o O A n,ft MINIMUM MATERIAL REQUIRED FOR COMPLETE PRELIMINARY APPLICATION 1. Payment of fees (refer to ^application fees" listed below). 2. Completed application form. 3. Preliminary plat information on Certificate of Survey. ^ g'w^C** *t™^ n ^**** '"'*** ^ *****" *** **** Hennepin County Department of Finance A-603 5. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application Zoning Official’s Signature _____________________________________ Pjlg MLMMUM MATERIAL REQUIRED FOR COMPLETE FINAL APPLICA’HON 1. Payment of fees (refer to Preliminary Subdivision Approval resolution and park fees if applicable). 2. Signed Certificate of Survey or mylar copies of formal plat. 3. Title opinion. 4. Easements, covenants, etc. 5. Developers Agreement and Letter of Credit. Zoning OfTic ial's Signature ______________________________________ I. APPLICATION FEES (Zoning Administrator to check {X] those which apply) A. Application Base Fees: Sketch Pian Review (Ciass I, II & III) $275.00 Totals Subdivision of a Lot Line Rearrangement $350.00 ____ Subdivision Application (Class I Si II) $400.00 ____ Prel-minary Subdivision Application $400.00 + $30.00/lot (Class III & all non-rcsidential) ____ Final Plat Application (Class III) S250.00 ____ Legal Review and Filing: _____Subdivision only SI00.00 Subdivision w/easements and covenants min. S200.00 Park Fees (to be determined per Section i 1 ,C2) Legal and Engineering Review Fees (as incurred) Renewal of Class I and II Subdivision Application $200.00 (No change from original application^ Renewal of Class III, Preliminary Subdivision Application $200.00 (No change fiom original application) Renewal of Final Class III Subdivision Application $150.00 (No change from original application) B. Special Improvement Fees: _____ Proposed Private Roads $650.00 + $.50/1ineal ft.; _____Proposed Public Roads $950.00 + $.50/lineal ft.; lin. ft. X 40 “ $ Iin.‘fl X 40 ■ $ Request for City to Accept Existing Private Road $y50.00' Proposed Sanitary Sewer Main Extension $275.00 + $25/stub Proposed Watermain Extension $275.00 + $25/smb Proposed Storm Sewei System (excluding culverU) $250.00 On-Site System, Site Evaluation Review (applicable to rural subdivision applications) $60.00/per lot X____new lots C. Flexible Application Fees/Misc. Fees _____ V'ariance $250.00 ($50.00 per each additional variance) _____ Easement Vacation Associated with Subdivision $100.00 _____ PRD Application with Subdivision $35.00/Dwelling Unit The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, City Engi-eer, City Attorney Plannmg Comnussion and Council necessary to process this application and further agrees to pay all additional fees esublished by ordinance. V/ / ft Applicant’s Signature /j TTH:________ Date __________ Date Applicant must hav^ subminals into the City Office 25 days before the Planning Commission meeting. Planning Commissic a meetings are^ld on the third N onday of each month. Applicanu must be present at aU scheduled review meetings of the PUnning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make atiangements to have an authorized agent anend in your place and to advise the Building Si Zoning Office of this change prior to the meeting. HAHPCQVTB * In 1975, the Orono City Council adopted an ordinance limiting UL < / -ir'■• tiepin ff 3 (2t) JOlf fiyy % \ '■ » (23» 8 /•^ c «0^ C'*-* *1^ Q: 5? »4 V If (»9)1 ( gli \ \ \ \ 1 T ^SAf :v f I 2 (- > *''" f^*‘ iw i ^ ’ .'*1/ V*.v V I VI 'i Parcel Informetlon V«e- ID SrET^' 5KU»SS»»S=-‘~"”=^ t Date Application Received: 4~234t3 Date Application Considered at Complete: 5-13-03 60-Day Review Period Expires: 7-13-03 JUN 2 3 2003 CITY Or OHONO REQUEST FOR COUNCIL ACTION Date: June 19,2003 Item No.: / Q Department Approval: Name: Michael P. Gaflfron Title: Planning Director Administrator Approval: Agenda Section: Zoning Item Description: ^03-2901 Denali Custom Homes/ Melinda Lee & Thomas DeVeau 680 Tonkawa Road - Variances - Resolution List of Exhibits A • Revised site plan submitted 6-9-03 B - Revised hardcover & hardship submittal (6-9-03) C - Revised plan & views (6-9-03) D - Resolution E - Notice of Council Action 6-19-03 F - City Engineer ’s comments on grading plan submitted 6-9-03 G - Memo and Exhibits of 6-5-03 Application Summary The applicants propose to remove the existing house and construct a new house on property located at 680 Tonkawa Road. They are requesting variances to permit new construction on an undersized lot (0.54 acre where 1 acre is required) having a lot width of 64' where 140' is required. Applicants provided a revised proposal at the June 9 meeting, proposing 75-250* hardcover at 3,249 s.f. or 28.6%, slightly less than the original proposal. Council Action of June 9 Council tabled the application subject to additional staff review of the actual view impacts caused by the average setback encroachment variance at 684 Tonkawa, and for ^pFcant to provide a grading and drainage plan that addresses all stormwater management issues to the satisfaction of the City Engineer. Council generally accepted the Planning Commission ’s recommendations regarding hardships that support the hardcover variance. Staff has visited the site again and can conclude that the average setback variance granted to 684 Tonkawa does have significant impact on lake views from the applicant ’s property. ! i M3-290I M4ToaluiMaRoad JMMI9.2003 Pace 2 Hardcover Hardships The revised site plan provided by the applicants in response to the Planning Commission recommendation, incorporates an end-loading garage ratlier Uian side-loading, which results in a smaller variance. Planning Commission had accepted the idea that certain factors about this site create hardships, i.e.: 1) Loss of lake views that would result by moving house closer to the road due to average setback variance previously granted to neighbor. 2) Narrowness of lot at only width. 3) Steep topography, i.e. existing necessary hardcover associated with retaining walls and lake access stairs in 7S-2S0' zone. The revised proposal suggests that hardships supporting the 75-250* zone hardcover of3,249 s.f. or 28.6% can be quantified as follows: - 80 s.f. credit for boulder walls needed to support steep slopes in 75-250* zone -127 s.f. credit for stairways needed to traverse steep slopes in 75-250* zone -192 s.f. of driveway needed in 75-250* zone due to inability to move house closer to road in order to preserve lake views due to neighboring house location allowed by variance The total credit is (80 + 127 + 192) = 399 s.f. 3,249-399 = 2.850 ?.f. / 11,360 s.f. = 25% Staff Recommendation Hardcover . The City has rarely if ever attempted to quantify the hardcover credit that should be granted for a specific site factor that is considered as a hardship. The method used here is unique but seems reasonable, and might be (cautiously) used to the City’s advantage in future applications. Staff has not attempted to determine how such a procedure might be used in other recent applications as a comparison, but may do so as time permits. Despite the fact that staff previously recommended denial because a house could be built on this site without a hardcover variance, either further from the lake or smaller in footprint, the variance request appears to be supported by hardship The attached resolution approves the lot area, lot width and 75-250’ hardcover variances. No hardcover changes are proposed in the 0-75* zone, and hardcover in the 250-5U0* zone will meet the 30% limit. Grading and Drainage Plan. Approval is subject to submittal of a grading and drainage plan addressing the issues noted by the City Engineer in his revised letter dated 6-10-03. As of this writing a plan addressing these issues has not been submitted but is in progress. Council has indicated that the plan may be reviewed by Mr. Rentier’s engineer prior to City acceptance, but is not subject to veto by Rentier if it is found acceptable by the City Engineer. If additional hardcover is necessary to deal with routing of stormwater through the site, this rq)pIication may be subject to further review. i M4TMria«aRM4 Jmm 19.2M3 Pages COUNCIL ACTION REQUESTED Adopt or amend the attached resolution. ' ’ 3-„k'-. * - I » I ■J H U'- \i- * V- IL«. •v ij mcwr CERTIFICATE OF SURVEY FOR THOMAS DEVEAU IN LOT 5. PARTENS POINT 1ST DIVISION HENNEPIN COUNTY, MINNESOTA iv \\ -»6?% \\ EMSTMC HOUSE •W iJ^pU •972 - l?o \z/^ * ''CUMOTT iCabi' ‘ \^v ' -*C^ ^ ^ • '/ 1 Cf-. ' ^ -•n * * I -.. ':\ yi / L i^S ?f • ,Ui ^iir » ct ?/ /'K N / PROPOSED ; / HOUSE, ' : NW Lt L»€ Of lot S Pa RT€N*S , fRST DIVISION "v .V Lt€ EOUOSTANT \ FROM HW* Lt AMD \ SC LY IHLS Of vtOT 5. PARTEN' S V f*ST 0lV!5ai\^ HOUSE (AS STAAEO) % V T • ‘,oO« oO" LEGAL DESCRIPTION Of PREMISES: Thot port of Lol 5. ly'^Q "?^!^'J'*s[*^^][^°g„°^he"northwes?er?y°ond soolheoster I y southeosterly 'p*rt2n 's Point First Oivisic'. Hennepin County. Minnesota. I ines of soiQ loi 9U I % ^ 1 ■)# PARAL* C l a TTm ATC IXSTANT IS fl. a Cic MW* LV and S£'Lt L*CS Of LOT S PARTur S POPit FRSt OniSlOH (908 3) UliD denotes iron rrorker denotes existing spot elevotion. mean seo level dotufl denotes proposed spot elevotion. meon seo level dottm denotes existing contour line, meon seo level dotim denotes proposed contour line, meon seo level dotun PROPOSED ELEVATIONS : 1) Goroge = 2) Top of loondotion = 99/~S 3) Bosement = 9V.« Beorings shown ore bosed upon on ossified dotun. This survey intends to show the boundor ies I!'* otLr^ap.o>»^n ,..nc.oocio.n.. _______ ____—-- ------ rtP RTPORT - GRONBERG & ASSOCIATES, INC. CONSULTWC ENOWEERS. LAtC SURVEYORS. SITE PLAttJERS MS NORTH WILOW DRIVE. LONG LAKE. SH 55356 952-473-4141 iSSo peortssoNAi ** afMT0« IH3W TIC LACS Cf T>C STATE Of ICKSOTA JTuccNSt n*«p ZcLZxX- OATC 03-14-031 ^ MO 03-082 5 j 0»’-^ yj / CERTIFICATE OF SURVEY FOR THOMAS DEVEAU IN LOT 5. PARTENS POINT 1ST DIVISION HENNEPIN COUNTY. MINNESOTA DQSTMG HOUSE ,f yV(LM nCMOvco) ..o«>oQ‘ NW’IY LtC Of lot 5. PAHTCM* S • . poiiT nisi OIVSIOW PROPOSED / CA HOUSE,.' Simmm / r I L»C COUOSTANT \ fROM NVriY AND \ SC LY Lies Of AOT S. PARTtN* S \ f^ST OMSOI / HOUSE (AS STAKED) legal description or premises : \ \ \ .0« That port of Lot 5. lying northwesterIy of o line running porollel to ond 15 feet southeasterly of o line equidistont between the northwesterly ond southeosterIy lines of soid Lot 5, Porten's Point First Division. Hennepin County, Minnesota. % ^ LtC PARAUCL with and distant IS FT ^STLY Of LiC COUOSTANT SCTWCCN tnrir SC‘LV LtCS Of LOT S PARTOrS PONT fflST dWTSON Lll!LJ denotes iron morker denotes existing spot eievotion, meon see level dottm denotes proposed spot eievotion, meon seo level doti/n denotes existing contour line, meon seo level dolun denotes proposed contour line, meon seo level dotixn PROPOSED ELEVATIONS : 1) Goroge * J$/.s 2) Top of foundot ion « fi/»$ Beorings shown ore bosed upon on ossiined dotim. This survey intends to show the boundories of the obove described property, the location of on existing house, ond the proposed locotion of o proposed house thereon. It does not purport to show ony other improvements or encroachments. GRONBERG it ASSOCIATES. INC. CONSULTMC ENCtCERL LAND SURVEYORS. SITE PLANNERS 448 NORTH WLLOR DRIVE. LONG LAKE, MN. 853S6 •S2-47S-4141 I ICRCBY aSTTY THAT T»fS PLAN. SPCCTICATON. OR REPORT WAS PREPARED SY 1C OR UNDER MY DWCCT SUPERviSOil AND THAT I AM A DULY LCCNSED PROfCSSCNAL CNCiCCR AK) LAI« SRVCTOi (MKR TIC LAVS Of tl€ STATE Of IMCSOIA OATC m lCCNSC NUM8CR SCAU r-20' Oa TC 05-14-03 JOS NO 03-082 Mad IS 2003 7t0enH B0NE8TR00 R08ENE RNDERLIK 8516381311 P* I * ' • . • , . - * • .*. * « A %* • ••• V, f '• •• •. • • • .. • ^ t* ■ • ; . 1 J/U Bonestroo Rosene vS Anderlik& Associates Engineers & Architects • • % •MMfCfee, eeMfig, Aa#triiii ana Aueclacat. Inc. ii «i AiririiMtlva A€Umn/§^i oppmmmity ■wa—ytr ifMi Iwaieygg Owwa PriAciaaff: Otto O aontsiroo. ft. • Marvin L iorvaia. Pf • Oterm P Coot. PJ • ffobart G. ichunicnt. PC. • iarry A Bourdon. PC a Mark A. Hanson. PC Sanlof Coniultanti; BoOart W llosona tCl a Joseph C. Andertik. PX • Bichard €. Tbrrser. PC. • Susan M. Cbertin. C PA. Affoclato Principolsi Keith A Gordon. • <.*»02rt K. Pfefferte. PJ. • Bkhard W. Poster. PJ • Oavfd O. ioskoiA PC- • Michael T. Cautmann. PX • IBd K. Plefd. Pi • Kenneth P Andersoa PC. • Mark R. Rolfs. PX • David A Bonestroo. MJA • Sidney P WIINamsoa PC.. LV • Agnes M. Ring. MB A. • AHan Rich Schmidt. PC. • Tnorsias W. Peterson. PC. • James R. Maland. PC. • Miles B. Jensen. PC • L PhUUp Gravel IN. PC. • Daniel J Cdgerton. PX • Ismael Martinet. PC • Thomas A Syfho. PC • Sheldon J. Johnson • Dale A. Grove. PC. • Thomas A Roushar PX • Robert J. Deimry. PC. Offices: St. Paul. St. Cloud. Rochester and Wiiimar. MN • MHwauhte. Wl • Chicago. IL NMbsIte: wwwbonestroo.com May 14.2003 .«# » : •• ' • s - r.. « • . . \*t 4. . * - \ V .. MikeOafifron : ; Planning Director . Cily<>fOK«o Post Office Box 66 : :.V ■, Crystal Bay, MN 55323 ! ‘ V.‘ > • • * a.a •. a i 680 Tqnkawa Road Plat No. 03-2901 FUe No. 139-03-00C ;> • •. ' % • • * • . * •-I. Dea r Mike, Wc coni ^ve revitwed the proposed grading plans and visited the site at 680 Tonkawi Road. The plans include trucOon cf a new home and anociated site grading. Wc have the following comments in regards to eng leering matters. d • * ■ , a \fter our site visit it is clear that the plans lack detail regarding the proposed grading and storm drainage, rhe plans should be revised to include all contours and topography 50-feet north and south of the propaQr. terns such as wells, sewers, culverts, walls, trees, etc. should shown <n the drawing. Conatiuction of the swales ahown north and south of the proposed home ^1 require retaining wall and ree removals. It is likely that the storm swale designs will need to be revised. Our site visit indicated that a letter approach to dealing with storm water might be to include some type of water retention basin located akeside from the proposed home. It may be possible to utilize the existing rip n^ped channel located on he neighboring property for a storm water discharge location. If this concept is pursued an eaaement would be required from the nei^boring property owner. The final grading plan should include provisions for storm water rate control. Existing and proposed ilnunage area nuqis and drainage calculations should be provided for review. Final design should also ncoiponUc erosion control measures to protect swales and the existing slopes lakeside from the proposed home. • [rhe final submittal should include an erosion and sediment control plan. Please contact me at (651) 604-4863 if you have any questions regarding this matter. Yours very truly. BONESTRCX>. ROSENE. ANDERLIK A ASSOCIATES, INC. /< Tom Kellogg Cc: Oieg Oqipa, City of Orono 2335 West Highway 36 • St. Paul, MN S5II3 • 6S1-636-4600 • Fax: 6SI-636-13II ♦ ' m 0 m • TTTom/is Dcvi^l?FI 4-22 HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 75-250' 250-500' EXISTING HARDCOVER IN ZONE 500-1000' A House Length X X X B. Oarege • a* . C. Driveway X X D. Sidewalk jff/r/tK r'/Mdtd.A €kky€L U'dlM. li. PaUo/Deck i 4*/4Ja/GS 4 ^ » tuo0d JTfdS • :<•••*• • • F. Landscape Underlain By Plastic Or Fabric X X X '0. Other i>UtfdO Atr. U/AtC TOTAL HARDCOV'ER IN ZONE TOTAL PROPERTY AREA IN ZONE A _____________ ♦ B PROPOSED HARDCOVER IN ZONE' A House Length X X X B. Oarage C. Driveway X X D. Sidewalk X X E. Paiio/Deck X X F. Landscape Underlain By Plastic Or Fabric X X X 0. Other TOTAL HARDCOVER IN ZONE WidUi 37 /a2. /5*i 73/ ZZ 44± X 100 Width TOTAL PROPERTY AREA IN ZONE . /• ^ V. ! • X 100 f. ► V.tiiijVi SF. S.F. SF. S.F. S.F. S.F. SF. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. _S.F. n./9 % S.F. S.F. SF. S.F. S.F. S.F. S.F. SF. SF. SF. SF. SF. SF. SF. S.F. S.F. S.F. % A B A B • • T//oiHAs Det/e^H HARDCOVER CALCULA'nOTiWORKSUEET SETBACK ZONE: (CIRCLE ONE) EXISTING HARDCOVER IN ZONE A. House_____________ 0-75* Un|0i X X X B. Oarage C. Driv-cway X X D. Sidewalk X X E. Pitio/Deck ••••>• • •X F. Luulscape Underittn By Plastic Or Fabric X X X 0. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _ _ _ _ _ _ _ B PROPOSED HARDCOVER IN ZONE A House Unflh aX X B. Garage C. Driveway X . D. Sidewalk I I X X E. Paiio/Dcck X X F. Landscape Underlain By Plastic Or Fabric X X X G. Other j7' - • IN ZONE ZONE ^5.2SUj) 250-500’ WiJih SS s xlOO - wiaih B B xlOO - naaM 4-2Z'03 I SOO-IOOO* I34S___s.F. IS38 3JS 3J2 IM. S*Z9 20 HI- 590 4.^ /27 So 33n S.F. S.F. S.F. S.F. S.F. S.F. S.F. SF. SF. SF. SF. S.F. SF.“U^AU5 ^C0€ SF H.BfeO SF. ^O.SS % A B Z384__SF.-PRO fiPS£i s.r. S.F. S.F. -"^■xcop SF. SF. Pfy/ridO SF. SF. p ;.:py>C'0 i i Ft/ SF. S.F. - oecic SF. SF. S.F. SF - SF. SF. % A B tittoijtlbbsismii SfeTBACKZONE; (CIRCLE ONE) 0-75 HARDCOVER fVUiTrsG hardco \tr in zone A. Hovte_____________ Length .X X X B. Garage * C. Driveway CAik/ti ^AfUf 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- _____________ B . PPOPOSED HARDCOVER IN ZONE A. House _____________ Length X X B. Garage ipSg^C. Driveway X X D. Sidewalk v; . . } a. X X E. Paiio/Dcck •N, X X •... .• d **• €Q Landscape Underlain By Plastic Or Fabric X X X % G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE a -t- B 75.250’ GSO-500!) 500-1000’ s^'/r-03 WidU) X 100 ■ Width X 100 - 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.?. S.F. S.F. 'J/gQ S.F >?..y7 S.F. • # S.F. S.F. S.F. S.F. iUi S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. ///■? 7/eo A B S.F.’ A S.F. B % IF- ©FROKT EUEVATION §GMM> vr • r«r s } 6-2 S-lT’ifl [ I I I '■ I i f f #2kyii i 6-3 dBflb, 1 11 1 [b|■ 11 1 ir - Tie. II / 1 j5 Trr 1 3 . Liii I * 0 i<|HBf.ii«nn^ •. f sn \. % ■i '%r:V *• . 0~H 1 ! . ^ . i ■ i rl L^.,1 RUN DATE :4/2)^l 3t Q5ll72J33000t ntOf ADOR 67t TONKAWA RD OWNER NAME DAREL J LEIPOLO TAXPAYER DAREL J LEIPOLO NAME/ADDR 671 TONKAWA RD LONOLAKEMN 53356 3S 0511723330011 PROP ADOR 6M TONKAWA RO OWNERNAME REDEUTLERA WKBEUTLER TAXPAYER ROBERT E BEUTLER NAME/ADDR 614 TONKAWA RD LONG LAKE MN 55356 38 05II7233300I6 PROP ADOR 666 TONKAWA RD OWNERNAME DONALDWUNDALL TAXPAYER DONALD UNDALL NAME/ADDR 666 TONKAWA LONG LAKE MN 55356 f* I C \ . J HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 0511723330009 PROP ADDR 670 TONKAWA RD OWNERNAME GEORGELTORKELSONETAL TAXPAYER GEORGE L TORKELSON NAME/ADDR 670 TONKAWA RD LONG LAKE MN 55356 38 0511723330010 PROP ADOR 680 TONKAWA RD OWNERNAME MELINDA LEE TAXPAYER MELINDA LEE NAME/ADDR 680 TONKAWA RD LONG LAKE MN 55356 38 0511723330012 PROP ADDR 690 TONKAWA RD OWNERNAME M S BRADLEY A O M BRADLEY TAXPAYER MICHAEL S A OUVU M BRADLEY NAME/ADDR 13905IVYWOODSTN W ANDOVER MN 55304 38 0511723330013 PROP ADDR 692 TONKAWA RD OWNERNAME BARBARA PUGH TAXPAYER BARBARA PUGH NAME/ADDR 692 TONKAWA RD LONG LAKE MN 55356 38 0511723330019 PROP ADDR 645 TONKAWA RD OWNER NAME TEMPLE ISRAEL OF MINNEAPOLIS TAXPAYER TEMPLE ISRAEL OF MINNEAPOLIS NAME/ADDR 2324 EMERSON AVE S MPLS MN 55405 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 BEST OF MY KNOWLEDGE AND BEUEF. DATE BY •r, ' V-i, mmm PAGE; I I >■> t . tJ/''. f' • I ■V * \ I ■ -• --i ' L ' * V ^ * • ’ . « **< > : V '1?;: ;i ' .'•. •.-. -'. • - * ^* ' ^ • I. jX y % r -■■ r 111 k ^ ki ,.4 i •riu\r.^^9®| a k-' -^... ,‘ J **A. .- : .y -i- . “ . : -' '^«'». - •. ' r' ;?ar • , .•* y r':“^o -Vv^^v i 11 “'^ V-- y^:i '4?'?.iifli>’^V"/i:::-. '’VM ^‘.4:■i.•1 f ,.^•<5 (mm mmSi »s'- - ►r V'* 1 ■ . ‘ ^&^-»., -Ip: V ».> ^ ' 1 V ' 4 \¥ ^ • ‘ « ••• #** v;ie»- : ■’•'‘»> • ' ► « •i-. ! i- *<>’>',t .' ,V' ^ *; ■I 'i e r^i t'.p^f.;. * \ • ^.c . . R A“^- fr -r> X ■ -. . • - 4>n-T-rc<V *•' ■..>'^*^5?'^'*^*' . , V ,- >t, f - .,;C„ ^fef f' • :^-r'’:'' • \-ix' . -»^>' .4*. .'1^.' ?* - -i • r'r.-i^ I onVs'^^ V- DENALI Custom Homes, Inc. DeVeau Residence 680Tonkawn Orono,Mn Hardcover Calculations Total 75* - 250* Zone size Is ll^OOsf L - /1*03 House With End Lioad Garage Deck off Kitchen 4x14 Front Stoop Driveway In 75-250 Zone Flagstone Walk to Front Stoop 2,559 sf 56 sf 28 sf 324 sf 75 sf J ' u 7 Boulder Retaining walls for steep slope In 75-250 zone Stairs to Lake for steep slope in 75-250 zone 80 sf Hardship Credit 127 sf Hardship Credit Unable to pull house back due to 12* sightline varience (-192) sf Hardship Credit Total Hardcover with hardships noted is 2850 sf @ 25% Hardcover Hardship Unioue to Land 1. Unusually Sized Property - Narrow Lot @ 64 feet 2. Steep Lakeshore in the 75-250 zone requires retention to control erosion and run off. (80sf) 3. Steep terrain requires stairs to access lakeshore(127sQ 4.12 ft Sight line Variance granted to adjacent property preventing applicant from pulling house back further to shorten driveway length. 12ft x 1611 drive in front of garage. (192 sf) 18283 Minnetonka Blvd.* Suite B*Deepliaven, MN S5391 •952-476-2679 •ftx 952-476-2682 i) 4 f .» V r . >•■ J i s I dtt*a iUMidiiMillMf -...j . ‘t iv 9WNTELEVAn0N o D«VEAU REdlDENCE '4 PiMELCVATYtM ♦ RESIDENCE \*> Mfl&i maumm rnitmm ’'i'• I if - m ■■ •saem. & IWMT Sloe BLEVATION Q D«VEAU REdIDENCE \ o \ •••• • ' .•'•V- , ;-%■ • ■ m Iv'-v .,f '.i i“' ^ * ■ « V. . ' " > ■ G D«VE4U REStDENCE • 4 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.24 SUBDIVISION 5(B). SECTION 10.22 SUBDIVISION 2 AND SECTION 10.56 SUBDIVISION 16(L) - FILE NO. 03-2901 WHERE ASi, Melinda Lee and Thomas DeVeau (hereinafter "the applicants") are the owners of the property locate*) at 680 Tonkawa Road within the City of Orono (hereinafter the "City") and legally described as follows: That part of Lot lying northwesterly of a line ruiMing parallel to and IS feet southeasterly of a line equidistant between the ii<^rth%estCTly and southeasterly lines of said lot S, Patten ’s Point First Division, Heiinepin C^J^llit(y, Minnesota (hereinafter the "property"); and WHEREAS, the have made application to the City of Orono for a variance to Orono Municipal Zoning Code Stct«v.ns 10.24, Subdivision 5(B) to allow construction of a new residence on a lot C.54 acre in area and 64' in defined width where a lot area of 1.0 acre and lot width of 140'are rt!(|Uired; a'id a variance to Sections 10.22 Subd.2and 10.56, Subdivision 16(L)to allow hardcowf m the 75-250' zone at 28.6% where only 25% hardcover is normally allowed. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #03-2901 . 2. The property is located in the LR-IB Lakeshore Residential Zoning District, which requires minimum lot area of 1.0 acre and minimum lot width of 140'. The area of the property is 0.54 acres (23,380 s.f.) and defined lot width is 64'. Page 1 of 6 f art ■hMlkA«kaa*^i.ir.a«mri* ^ a-, i - *h* lah,A 3.The Planning Commission reviewed this application at a public hearing held on May 19,2003 and recommended approval of the lot area and lot width variances as well as conditional approval of the hardcover variance, based on the following flndings: a) No additional land is available for acquisition by the applicants to make it the property conforming in area or width. An existing house served by municipal sewer has existed on the property for many years. A hardcover variance in the 75-250* zone is supported by the following hardships: 1.Loss of lake views that would result by moving house closer to the road due to average setback variance previously granted to the neighboring property at 684 Tonkawa Road. • • II.Narrowness of lot at only 64* width limits the amount of hardcover allowed on the property and results in a long narrow house design conflguration due to the required 10* setbacks Steep topography over the length of the lot results in existing necessary hardcover associated with retaining walls and lake access stairs in 75- 250’ zone, where such features are usually only necessary in the 0-75* zone. Council makes the following additional findings: a)Since the Planning Commission review, the applicants have reconflgured the proposed house to allow for an end-loading garage, reducing the necessary driveway hardcover, and resulting in a total proposed 75-250* hardcover of 28.6%. Hardcover associated with the existing 75-250* zone retaining walls and stairways is 207 s.f. Hardcover associated with the 75-250* zone driveway necessary to serve the garage because the house cannot be reasonably moved Page 2 of 6 f J 5. 6. closer to the road without losing lake views, is 192 s.f. These areas of hardcover are quantiTied as a hardship justifying a 399 s.f. overage in hardcover above the 2S% or 2850 s.f. of hardcover that would normally be allowed in the 75-250' zone. Stormwater management on the property is a critical issue that must be addressed by the applicants to the satisfaction of the City to protect adjacent properties. The City Council has considered this application including the findings and recommendations of the Plaiming Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variances on the health, safety and welfare of the community. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, li^t, 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 di fHculty; is necessary to preserve a substantia] property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Sections 10.24, Subdivision 5(B) to allow construction of a new residence on a lot 0.54 acre in area and 64' in defined width where a lot area of 1.0 acre and lot width of 140' are required; and a variance to Sections 10.22 Subd. 2 and 10.56, Subdivision 16(L) to allow hardcover in the 75-250' zone at 28.6% where only 25% hardcover is normally allowed, subject to the following conditions: 1.Council approval is based on the revised site plan submitted I y the applicant with City staff annotations, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. Page 3 of 6 i . • • 2. 3. 4. 5. Prior to issuance of building permits for the new residence, applicant shall submit an acceptable grading and drainage plan addressing the issues noted by the City Engineer in his revised letter dated b-lO-OS. Such plan shall be approved by the City prior to issuance of building permits. Applicant shall allow the plans to be reviewed and commented upon by the adjoining property owner at 684 Tonkawa Road; however, it is not subject to veto by the adjoining property owner if it is found acceptable by the City Engineer, except to the extent that the plans include improvements to or work within the adjoining property. If additional hardcover is necessary to deal with routing of stormwater through the site, this application may be subject to further review. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council ^rproval, or the variance will expire on that date (June 23,2004). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants’ heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 23rd day of June, 2003. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Ownerfs) Page 4 of 6 L 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 HENNEPIN The foregoing instrument was acknowledged before me on this day of .2003 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 5 of 6 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/afHimation of a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public 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 a credible witness and who executed the foregoing instrument, and acknowledged that he/she/the>’ executed the same as his/her/their free act and deed. Notary Public Page 6 of 6 lrnfrTk.i^ftri^T i B CITY OF ORONO 2750 KcUcy Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 ZONING nLE #03-2901 NOTICE OF COUNCIL ACTION DATE OF NOTICE: June 19, 2003 TO:Denali Custom Homes 18283 Minnetonka Blvd. Deephaven, MN 55391 COPIES: Melinda Lee/Thomas DeVeau 680 Tonkawa Road Orono, MN 55356 TYPE OF APPLICATION: Variances DATE OF MEETING: June 9. 2003 VOTE: 4 FOR 0 AGAINST Motkm: Table the application subject to additional staff review of the actual view impacts caused by the average setback encroachment variance at 684 Tonkawa, and for ^plicant to provide a grading and drainage plan that addresses all stormwater management issues to the satisfaction of the City Engineer. Council also accepted the idea that Bob Beutler’s engineer could be involved in review of the drainage plan. Applicant's next scheduled meeting is confirmed as: City Council - Monday, June 23, 2003; meeting starts at 7:00 p.in. If you desire certifled copies of the official Council minutes, they are available from the City Cleik after review and approval by the City Council. L__iMBiB < i * Jun 10 2003 3s2BPM BONESTROO R08ENE RNDERLIK 6516361311 P.l • * '• : ^»•. - ^ V . F MotfifM. timtwm, Andfm M Inc. If m% AffWmmlwm AcHcn/Mycl Oppmumitf ■mpicytf arm iwpiayc OwncCBonestroo Rosefne ^ Scnicr CMifnltanift: toacrt W. ^icnc. M. • Joseph C AnacfUfc. fX • tlctiirtf f. fbrncf. ^ • SuMH M. fbtfln. CF^ ppmclpdr Olio a. toncfifoo. PI. • Marvin L Sorvcia. Pf. • CSfcnn P. Cook. Pf. • CoPcft G. Schunichc. PC. • Ji/ry A. lourCon. PC. • Mark A. Hanson. PC. ^ ^ Afsodaio Prl«Hlpal« Mich A. Gordon. PC • Pohort I. PMffcno. PX • tichard w. PoMcr. PC. • OavM O. Lattoca PC ^\SSOCIclt0S Mkhacl T Caucmann. PC. • C Held. PX • Connodi P. Andcrsoa PX • Mam C. Coiri. PC. • Omha A. dantnroo. Ml. Sidney P WiMamtorv PX L.S. • Apnei Ml Ping. M.S.X • Mm Pick Schihidc. PC. • Thonias W. Pecarloa PC. • James P. Maiand. PX • Miles I. Jenian. PX • L PhiMp Ocavei M. PX • Oamei J. Cdgerfoa PX • Ismael Msrtinea PX • Thomas A. Syfiw. PX • Sheldon i. Johnson • Oaio A. Grove. PC. • Thomas X Poushar. PX • PeOert J. Oevery. PX. orricos: St Paul. Sr. ClouX Pochtster and wuimar. mn • MHwaueee. wi • Chicago. X site: wwmoonetrroo.com May 14.2003 m ^ o o V ^ ........... ------------- - • #1.0JJ Enoln*«r* & Architects 9 • . *. i C‘‘.**'*' ■ ' V . . . '..iMike Oaffron Planning Director CityofOrono Post Ofi^ce Box 66 Crystal Bay. MN SS323 pUtik urAmriirnmd b«<*0 Re:680 Tonkawa Road Plat No. 03-2901 File No. 139-03-000 lo-K hi 4K« . .M-Ur «**4» ■f* n Dear Mike. We have reviewed the proposed grading phma aiui visited the site at 680 Tonkawa Road. The plans include construction of a new home and aasociated site grading. We have the following comments in regards to engineering matters. • After our site visit it is clear that the plans lack detail regarding the proposed grading and sUxm drainage. The plana should be revised to include all contours and topography SO-feet north and south of the property. Items such as wells, sewers, culverts, walls, trees, etc. should shown on the drawing. • Construction of the swales shown north and south of the proposed home will require retaining wall and tree removals. It is likely that the storm swale desigiu will need to be revised. Our site visit indicated that a better approach to dealing with storm water mi^t be to include some type of water retention basin located lakeside firam the proposed home. It may be possible to utilize the existing rip rapped channel located on ttte nei^iboring property for a storm water discharge location. If this concept is pursued an easement would be required firom the neighboring property owner. • The final gy||rfing nlin should include provisions for storm water rate control. Existing and proposed drainage area maos and drainage calculadom should be provided for review. Final design should also incorporate erosion control measures to protect swales and the existing slopes lakeside from die proposed home. • The final submittal ahould include an erosion and sediment control plan. Please contact me at (6S1) 604-4863 if you have any questions regarding this matter. Yours very truly, BONESTROO. ROSENE, ANDERLK & ASSOCIATES, INC. Tom Kellogg Cc: Greg Oappa, City of Orono 2335 West Highway 36 • St. Paul, MN 5SI13 • 6SI-636-4600 • Fax: 651-636-1311 r c. Date Application Received: 4*2343 Date Application Considered as Complete: 5*13*03 iO*Day Review Period Eipires: 7*13*03 REQUEST FOR COUNCIL ACTION Date: June 5,2003 Item No o • 0 Department Approval:Administrator Approval: Name: Michael P. Gaffron Title: Planning Director Agenda Section: Zoning Item Description: #03-2901 Denali Custom Homes/ Melinda Lee & Thomas DeVeau 680 Tonkawa Road - Variances List of Exhibits A - Notice of Planning Commission Action 5-29-03 B - Draft Planning Commission Minutes 5-19-03 C - Memo and Exhibits of 5-15-03 Application Summary The applicants propose to remove an existing house and construct a new house on property located at 680 Tonkawa Road. The lot is located in the LR-1B zoning district requiring a minimum lot size of one acre and a lot width of 140' measured at the lakeshore and at the 75* setback. They are requesting variances to permit new construction on an undersized lot (0.54 acre) having a lot width of 64*. Also requested is a hardcover variance for the 75-250' zone to allow 29.15% where only 25% is normally allowed. Planning Commission Recommendation Planning Commission reviewed the application at a public hearing on May 19,2003 and voted 5*0 to recommend approval of lot area and lot width variances, and recommend approval of hardcover at the 29.15% level proposed, based on the following hardships which Planning Commission concluded constitute unusual circumstances unique to this property: 1) Loss of lake views that would result by moving house closer to the road due to average setback variance previously granted to neighbor. 2) Narrowness of lot at only 64' width. 3) Steep topography, i.e. existing necessary hardcover associated with retaining walls and lake access stairs in 75-250' zone. Approval recommendation is subject to submittal of a grading and drainage plan addressing the issues noted by the City Engineer in his tetter of May 14,2003. J (ra3*290l M4TMkawaRoad Jbm5,2003 Page! Staff Rccomnwodation Staff had originally recommended approval of the lot area and width variances but denial of the hardcover variances, based on the fact that a house could be constructed on the property without the need for a hardcover variance, and this is a rebuild. The hardships cited by the Planning Commission may be valid, and all relate to the nature of the property or are circumstances beyond control of the property owner. However, the fact remains that a substantial home could be constructed on the site without the need for a hardcover variance, by making the home smaller and/or by moving it nearer the street to reduce driveway hardcover. As of this writing, a revised grading and drainage plan has not been submitted. Based on the above, staffs recommendation remains unchanged: • Approval of the variances for lot area and lot width based on the fact the lot is developed as a single family dwelling, has been provided sanitary sewer service and it would not be possible to acquire additional land to create a conforming lot. • Denial of the hardcover variance for hardcover in excess of 25% in the 75-250' zone, based on the fact that a house could be constructed on the property meeting the 25% limit. If the hardcover variance is denied, table the application for revisions to meet the 25% limit. Any action to tqiprove/deny should be subject to submittal of a revised grading and drainage plan addressing the concerns of the City Engineer. COUNCIL ACTION REQUESTED Take action regarding the lot area, lot width and hardcover variances and direct staff to draft a resolution reflecting that action for Council’s June 23 meeting; subject to submittal of a grading and drainage plan that must be found acceptable by the City Engineer prior to final Council adoption of the resolution. ♦ - CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 ZONING FILE: #03-2901 A NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: May 29, 2003 TO;Denali Custom Homes 182^3 Minnetonka Blvd. r^ephaven, MN 55391 COPIES: Melinda Lee/Thomas DeVeau 680 Tonkawa Road Orono, MN 55356 TYPE OF APPLICATION: Variances DATE OF MEETING: May 19. 2003 Plaanlng Commission recommended as follows: Motioa: Recommend qiproval of lot area and lot width variances, and recommend approval of hardcover at the 29.15% proposed based on the following hardships which constitute unusual circumstances unique to this property; Loss of lake views that would result by moving house closer to the road due to average setback variance previously granted to neighbor. Narrowness of lot at only 64' width. 3) Steep topography, i.e. existing necessary hardcover associated with retaining walls and lake access stairs in 75-250' zone. Approval is subject to submittal of a drainage plan addressing the issues noted by the City Engineer (please provide for review prior to the June 9 Council meeting). VOTE: 5 FOR 0 AGAiNST Applicant's next scheduled meeting is confirmed as; City Council - Monday, June 9, 2003; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. If you have questions, please call Planning Director Mike Gaffron at 952-249-4600. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, May 19,2003 6:00 o'clock p.m. B deck and stairs over an existing patio 5* in height onto the existing home as long as the total amount of hardcover per staff recommendations does not exceed that which is already present on the property, and before the application appears before the City Council the calculations and removals will have been made. VOTE: Ayes 5, Nays 0. (#11) #03-2901 DENALI CUSTOM HOMES, INC. ON BEHALF OF MELINDA LEE AND THOMAS DEVEAU, 680 TONKAWA ROAD, VARIANCES, 12:20 - 12:51 A.M. David Bicker, of Denali Custom Homes, and Thomas DeVeau, the applicant, were present. Gafl&on indicated that the applicants proposed to remove an existing house construct a new house on the property located at 680 Tonkawa Road. The lot is located ii; ihe LR-IB zoning district requiring a minimum lot size of one acre and a lot width of 140' measured at the lakeshore and at the 75* setback. They are requesting variances to permit new construction on an undersized lot (0.54 acre) having a lot width of 64'. Also requested is a hardcover variance for the 75-250' zone to aUow 29.15% where only 25% is normally allowed. Gafiron explained that the lot currently contains an existing residence structure which the owner wishes to replace. The site has steep slopes, and although a formal bluff analysis has not been done, the 0-75' zone appears to likely meet the criteria for a bluff. However, both the existing and proposed homes are outside of the bluff impact zone, and no work within the bluff impact zone is currently proposed. He noted that existing retaining walls and stairways in the 0-75 zone are in good condition and no changes are proposed. With regard to the proposed hardcover in the 75-250' zone is 3,311 s.f. or 29.15%. The proposed house plan indicates a 4'xl4' deck on the lakeside of the house. The house is up against the 10 side setback on both sides. Gafhon pointed out that another way to reduce hardcover would be to re-orient the garage to be end loading, with a narrow driveway PAGE 46 of 37 r MINUTES OF THE ORONO PLANNING COMMISSION MEETD4G Monday, May 19,2003 6:00 o ’clock p.m. extending to the 250* line, then construct a backup apron and perhaps even an additions! detached garage in the 75-250’ zone where hardcover is available. This would require re design of the home, and applicant has stated an end-load garage would not provide the entrance view of the home he is hoping to achieve by side-loading. However, with the same footprint as currently proposed, a savings of about 200 s.f. (1.8%) of hardcover could be realized. GaC&on pointed out that the City Engineer ’s inspection revealed serious concerns with the proposed grading plan which need to be resolved before this application would move forward. He shared three issues for consideration and indicated that staff would recommend: • Approval of the variances for lot area and lot width based on the fact the lot is developed as a single family dwelling, has been provided sanitary sewer service and it would not be possible to acquire additional land to create a conforming lot. • Denial of the hardcover variance for hardcover in excess of 25% in the 75-250' zone, based on the fact that a house could be constructed on the property meeting the 25% limit. • Tabling of the application for revisions to meet the 25% limit, and for submittal of a revised grading and drainage plan addressing the concerns of the City Engineer. Mr. Beiker stated that the applicant’s hardship lied in the narrovmess of the lot, steep grade, and rough terrain. After consulting Plarmer Bottenberg, Bieker stated that they made numerous changes to minimize the plans and pull the home back 20’ to minimize driveway hardcover. He stated that they had made attempts to redesign the driveway, to make it an end loading garage, and still fell short 170 s.f. Bieker pointed out that the hardcover would be reduced from 40% to 29% with the current plan. Finally, he stated that he was confident they could resolve the drainage issues. PAGE 47 of 37 J •• •• MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, Ma: 19,2003 6:00 o ’cl( wk p.m. Mr. DeVeau stated that they had outgrown the home years ago, and contemplated remodeling; however, they decided to build a new home since the costs would be similar. Mary Torkelson, 670 Tonkawa Road, voiced she and her husband’s support for the new home. She felt the proposed residence would be a good addition to the neighborhood. She noted that the new home built next door to the DeVeau’s current residence severely impacted the DeVeau’s view^' of the lake. Bieker pointed out that the retaining walls could not be removed and serve a real purpose. Based on the fact that the lot was undersized. Chair Smith stated that she did not have much problem with the application. She asked the applicants to provide the City Engineer with the appropriate drainage infoimation. She encouraged the applicants to squeeze the hardcover down closer to 25%. Hawn asked whether they could move the excess hardcover out of the 250* setback zone. Gaffron indicated that pulling the structure back 15’ would not help reduce the hardcover by any significant .‘unount and would adversely affect the home ’s views. He stated that even if the pulled the home back to gain 150 s.f and turned the garage to be end loading, which would gain 200 s.f, they would not be much closer to 25% hardcover. Mabusth indicated that the hardcover for these narrow lots would explain why most of the homes have detached garages at the top of their properties along this stretch. While they could probably build a detached garage, Gafiron stated that they would have a considerably long walk to the house. He maintained that the applicants could lose little in the 0-75’ setback, since the retaining walls, steps, and landings were necessary. Chair Smith noted that the Commission would be hard pressed not to get closer to 25%. PAGE 48 of 37 r- MINUTES OF THE ORONO PLANNING CX)MMISSION MEEl ING Monday, May 19,2003 6:00 o'clock p.m. Hawn asked whether they could consider the fact that the applicants views would be severely limited if they were forced to pull the home back even further, especially after the neighbor had been granted an average lakeshoie setback variance which further restrictei his views. Gaffion felt this to be a legitimate hardship, plus, the neighboring home was at a higher elevation too. Mabusth reiterated that, the fact that, the applicants are be required to have hardcover in the 75-250’ due to the steepness of the grade, they have lost the ability to use that hardcover elsewhere. Rahn referred to the fact that smaller lots require smaller houses, while at the same time acknowledging that the home was modest. He questioned whether the garage could be turned to end loading in order to gain some extra square feet. Bieker reiterated that, since the neighbor was given an average lakeshore setback variance, the applicant could not pull his home further back and still retoin his lake views. Gaffion acknowledged that, if you figured in the steps, walkway, rock walls, and retaining walls in the 75 -250 setback, which is an unusual circumstance, one could argue that he deser\ es a credit for those things, plus a potential credit for the neighbors’ encroachment. Bremer suggested he be granted a 2% credit for these circumstances. Bieker felt that an additional credit could be given for being unable to pull the home back 10’ further, which would allow them to meet the 25% hardcover. Chair Smith reviewed the hardship position as the steepness and grade of the lot, the narrowness of the lot, and the encroachment of the neighbor. PAGE 49 of 37 i'-, i •• MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, May 19,2003 OcOO o’clock p.m. For future reference, Bremer suggested the Commission determine at what point a lot is considered ’narrow’, in some future discussion. Bremer moved, Hawn seconded, to recommend approval of Application #03-2901, DenaU Custom Homes/Melinda and Thomas DeVcau, 680 Tonkawa Road, granting approval of the variances for lot area and lot width, as weU as, hardcover in excess of 25% in the 75-250' zone, based on the credit circumstances aforementioned, the narrowness of the lot, and the steepness of the grade, and subject to approval of a drainage plan to permit construction of a new residence on the property. VOTE: Ayes 5, Nays 0. (#12) #03-2902 WJM PROPERTIES, LLC, 2605 WAYZATA BOULEVA- ’ 7> WEST, CONDITIONAL USE PERMIT, 12:51 -1:00 AM. Peter Johnson, Council for Monies Automotive Groups Michael Anger, supplier of the storage tanks; Tom Maddox, and Rod of WJM, were present. Gaffron explained that WJM Properties had {^plied for an amendment of their CUP and site plan approvals granted in August 2002 via Resolution No. 4845. The amendments include the following: 1.Installation of a motor fuel station to support the approved body shop, auto prep and wholesaling operations (‘Motor Fuel Stations’ arc a conditional use in the Industrial District). 2.Refinishing the east facade of the existing building with EIFS (Exterior Insulation Finish System) to result in a more uniform look to the building. PAGE 50 of 37 * :i Application Received: 4/23/03 Application Complete: S/13/03 60 Day Deadline: 7/13/03 TO:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM: DATE: SUBJECT: Mike Gaffion, Planning Director May IS, 2003 #03*2901 Denali Custom Homes/ Melinda Lee & Thomas DeVeau 680 Tonkawa Road Variances - Public Hearing Zoning District: Lot Area: LR'IB One Family Lakeshore Residential District (1 acre) 23,380 s.f. (.54 acre) Applkation Summary: The applicants propose to remove an existing house and construct a new house on property located at 680 Tonkawa Road. The lot is located in the LR- 1B zoning district requiring a minimum lot size of one acre and a lot width of 140* measured at the lakeshore and at the 75' setback. They are requesting variances to permit new construction on an undersized lot (0.54 acre) having a lot width of 64'. Also requested is a hardcover variance for the 75-250' zone to allow 29.15% where only 25% is normally allowed. List of Exhibits A Application Letter of Request Survey/Proposed Site Plan Grading Plan City Engineer Comments Hardcover Calculation Woil'sheets Elevation Views/Floor Plans Plat Map Property Owners List B C D E F G H I Pertinent Code Sections 1.Section 10.24, Subdivision 5 (B); Required lot width: 140' Lot width: 64* Required lot area: 1.0 acre Lot area: 0.54 acre 2. Section 10.22 Subd. 2 and Section 10.56, Subd. 16(L): Hardcover limitations:Allowed Existing Proposed 0-75'0%9.13% 9.13% 75-250'25%35.89 %•29.15% 250-500'30%12.57%15.54% * After exclusion of fabric or plastic-lined landscape beds M !i i] v; 1 005-290I M4TMliawaRMHi May IS, 2003 Page 2 Existing Conditions The lot currently contains an existing residence structure which the owner wishes to replace. The site has steep slopes, and although a formal bluff analysis has not been done, the 0-75* zone appears to likely meet the criteria for a bluff. However, both the existing and proposed homes are outside of the bluff impact zone, and no work within the bluff impact zone is currently proposed. Existing retaining walls and stairways in the 0-7S* zone are in good condition and no changes are proposed. The existing house is further from the lake than the neighboring residence to the south, but nearer the lake than the house to the north. The house to the south (684 Tonkawa, Bob Beutler) was granted a 12* average setback variance in 2000-2001 when it was rebuilt. That home was constructed without the need for hardcover variances, on an 85' wide lot, with a 2900 s.f footprint in the 75-250' zone. Applicant’s property is 64' in width and is proposing a 2600 s.f. footprint in the 75-250' zone. Drainage has been a serious issue for redevelopment of this neighborhood, due to a combination of factors including steep slopes, narrow lots, and homes stretching from side setback to side setback in mid-slope. The owner of the adjacent home to the south (684) has created a rock-lined swale along its north lot line to divert runoff that formerly impacted the next home to the south (690). General Conformity to Zoning Code and Comprehcuiive Plan The site plan indicates proposed side setbacks of 1 O’, with the house located i^)proximately 160' from the lakeshore, which meets the intent of the Comprehensive Plan for new structures. The house is proposed to be located behind the average lakeshore setback line, so no variance would be needed. The primary concern aside from drainage is the hardcover request. Although the house with attached garage is within the back half of the 75-250' zone, hardcover in that zone is still proposed to exceed 25%. The Plaiming Commission and Council have been fairly consistent in denying hardcover variances for new construction unless a distinct hardship can be demonstrated. Structural coverage is proposed at approximately 11.1%, well within the 15% limitation. Lot Width & Area Because this record lot was created prior to current zoning standards and has contained a single family home for many years, the substandard lot area and width are factors inherent to the property. While these factors limit the re-use of the property for construction of a replacement home, a replacement home could be constructed that meets all other zoning code standards, hence the area and width variances should be granted. M3-290I 684 Tonkiwa Road May 15,2003 Pase3 Hardcover Variajice Proposed hardcover in the 75-250* zone is 3,311 s.f. or 29.15%. The proposed house plan indicates a 4'x 14* deck on the lakeside of the house. No elevation view of the lake side of the home has been provided, so it is unknown whether additional decks, patios, patio doors or landings are contemplated. The house is up against the 10* side setback on both sides. Minimal overhangs appear to be shown, but the plan set provided is not to scale; overhangs must not encroach more than 1.5* past the 10 ’ side setback line. The plans include a 3-stall side loading garage, the third stall of which could be eliminated to result in a hardcover reduction of about 230 s.f. or 2.0% in the building and another 80 s.f (0.7%) in driveway. The side-loading aspect has been accomplished on narrower (50*) lots but results in tricky maneuvering due to lack of backup depth. Another way to reduce hardcover would be to re-orient the garage to be end loading, with a narrow driveway extending to the 250* line, then construct a backup apron and perhaps even an additional detached garage in the 75-250* zone where hardcover is available. This would require re-design of the home, and applicant has stated an end-load garage would not provide the entrance view of the home he is hoping to achieve by side-loading. However, with the same footprint as currently proposed, a savings of about 200 s.f (1.8%) of hardcover could be realized. Moving the proposed footprint 10* further from the lake could also reduce 80 s.f of hardcover in the side-load configuration or about 150 s.f for an end-load layout. Applicant feels that views of the lake are already somewhat reduced by the average setback variance granted to 684, and by applicant moving the house back as far on the lot as currently proposed. It is staffs opinion that a grading plan and site plan could be developed that would accommodate a substantial new home on this property without the need for a hardcover variance. The hardship is to a great extent created by the applicant’s desires for a certain size house in a specific location to preserve lake views, rather than the nature of the property, in staffs opinion. Perhaps the location of the house at 684 is a hardship in some respects. As lots get narrower, the design challenges become greater. The City has granted hardcover variances for narrow or small lots where a minimum size home cannot be constructed absent a variance. Grading/Drainage An initial grading and drainage plan was submitted within the past week The City Engineer ’s comments are attached as Exhibit E. His site inspection revealed serious concerns with the proposed grading plan which need to be resolved before this application can move forward. M3-290I <S4TMluiitaRMd May IS, 2H3 Page 4 Imucs for CoBiIdcration 1. The proposed new construction exceeds the maximum hardcover allowed in the 75-250' zone. 2. The City has in recent years has been fairly consistent in limiting 75-250' hardcover to the established 25% limit for new construction, except where variance denial would make a site unbuildable or where substantial hardships exist. Is there a hardship inherent to this property that would suf^rt a hardcover variance? 3. The property to the south was redeveloped with a new home in 2001 without the need for a hardcover variance. That lot is 85' wide, applicant ’s lot is 64' wide, so the applicant ’s 75-250' zone hardcover allowance (2840 s.f.) is substantially smaller than that of the neighboring home (3720 s.Q. Staff Recommendation Staff makes the following recommendations: • Approval of the variances for lot area and lot width based on the fact the lot is developed as a single family dwelling, has been provided sanitary sewer service and it would not be possible to acquire additional land to create a conforming lot. • Denial of the hardcover variance for hardcover in excess of 25% in the 75-250' zone, based on the fact that a house could be constructed on the property meeting the 25% limit. • Tabling of the application for revisions to meet the 25% limit, and for submittal of a revised grading and drainage plan addressing the concerns of the City Engineer. Options for Action; 1. Recommend partial approval per staff recommendation, table for revisions. 2. Recommend approval for all requested variances, stating supportive hardships, table for grading plan revisions. 3. One of the above but send on to Council subject to revisions and/or jading plan approval prior to Council review. 4. Other action. ANALYSIS WORKSHEET Lot Arca/WMth ; LR-IB Lot Area Lot Width Required 43,560 s.f. (1 acre)140’ Actual 23,380 s.f. (0.54 acre)64’ Structural Coverage ; Hardcover Calculatloni : Total Lot Area Total Structural Coverage 23,380 s.f.Allowed: 3,507 s.f. (15%) Proposed: 2,600 s.f ± (11.1%) I; 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-Fac( Fees (Double application fee) PROPERTY INFORMATION Site Address CtO *ToiOk^tiu^ /2-L ^3SL Property Identification Number (P.I.D.), Application # bi d^O I Date Received ' Amount Paid Attach legal description to application if not included on required survey. Date Property Acquired ______ I (do)(^o no^ also own the adjacent parcels of land. .(month/ycar) Present use of property: X residential Zoning District: LC.-lfe other (specify). APPLICANT Phone (home) C^O Name DC/O a I \ C u .^oma IrUvufeS, C. Phone (work) 159’- Address: ftLuD Citv: l^wLti&o Zip: ! OWNER (if different than *q)plicant) Phone (home) Name iU.fe.Utioi^ Oc-UfeAM. Phone (work) __________ Address: C.A.-______ City: Off-orop____________Zip: 55^3^^ DESCRIPTION OF REQUEST Estimated Construction Cost $ Voo>Ooo Describe request in detail: C.Ki<Tnb<i. <4wJ- ^»weTTu. 4.-r_____ A P«o *rWfe. •ri«u< P<o iHTutriU-,f PLhnJ^ dr S'urtit.u i additional'sheets if necessary) ^(attach additional sheets if necessary) VARIANCES REQUIRED n /* Lot Area Lot Width Setback:Front Side Hardcover Rear Lot Coverage 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: (jb/tt^UL-_____ (attach additional sheets if necessary) #2901 1. 2. 3. 4. ✓ REQUIRED SUBMITTALS All Pf following iBfprmaf lQH must be «ubmitted hv thg aoDlication deadline date in nrrf»r for vour application to be considered * Completed Application Fonn Certified Property Owners List of owners within 150’, labels and plat map (you must obtain this list, labels and map fi-om Hennepin County Department of Finance A-603 Govt Center, 348-5910). ^ ouj. Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy 8'/i" x 11” for reproduction. " Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 8'/j" x 11" for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy 8/i" x 11"). List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. • Please remember that vour y«rl4BCe application Is not complete if thi> nbove informaHon has nnf incl..HpH APPLICANT’S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zonins Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied IS true and correctJfUhe be^of his/her knowledge. 5. 6. 7. 8. Applicant ’s Signature Date 3^ ^ __________ L/alC ___ OWNER’S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by Oly staff, consultants, agents. Commission members, and Council members for purpose^f invptigatipn and verification of this request. ^ c. ^y 'rU^/03Owner’s Signature f ^ , Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. ’# O (■a : • 4 ♦ i B CityofOrono 2750 Kelley Parkway Orono, Mn 55356 DENALI Custom Homes, Inc. C-tT' 03 April 23,2003 Dear Planning Commissioners; The Applicant, Denali Custom Homes, Inc., and the Land Owner, Melinda Lee & Thomas DeVeau, are requesting a variance for the Minimum lot area of one acre required by the zoning district LR-IB for the removal and new construction of a home located at 680 Tonkawa Rd. The attached set of preliminary plans and a survey describing the property are attached. The Applicant and Land Owner are also requesting Variance for Hardcover, based on hardships located in the 75'- 250' zone from the lakeshore. The lot in question is a very narrow lot which also contains steep terrain in the 75'- 250' zone. The terrain requires a rock retaining system to prevent erosion of the lakeshore and also a stair case to traverse the hillside. These items fall into the zone in question and require additional hardcover not associated with the construction of the dwelling and these items cannot be removed. The uncommon narrow width of the lot creates an additional hardship and burden on the hardcover calculation in the 75'- 250' zone. The land owner directly adjacent and to the south of the property has an 80' wide lot making this an uncommon and unshared hardship. After a preliminary meeting with City Planner, Wendy Bottenberg, the Applicant and the Land Owner have worked with the design firm to reduce the square footage of the house footprint & garage area, eliminated a desired deck off the master suite, and reduced to a minimum the only remaining deck off of the kitchen. The applicant has also moved the house back from the lakeshore an additional 20' to save on required driveway hardcover in the zone. The turn around needed for cars to exit the driveway onto Tonkawa Rd (without backing out) was relocated to the 250’-500' zone to additionally reduce needed hardcover in the 75'-250' zone. Moving the house location further back into the 250'-500' zone is not possible do to the site line variance granted to the Homeowner to the s6uth(Beutler @ 684 Tonkawa) and the location of their home on the property. Locating the DeVeau house any further than the proposed location would significantly devalue the property due to the site lines that would exist creating a loss of view of the lake. Denali Custom Homes, Melinda Lee, and Thomas DeVeau have worked diligently with the home designer and land surveyor to minimize the hardcover required and significantly improved the percent hardcover from the current existing condition of 40.55 %. We ask that you grant a variance on hardcover percent due to the hardships imposed by the land in question and existing structures to the south. Our proposed hardcover calculation sheet is attached. If you have additional questions of the applicant please contact me a 1612-718-1671. David Bieker Denali Custom Homes, Inc.i f •U O -V ^ <0 W JL 18283 Minnetonka Blvd.* Suite B'Deephaven, MN 55391*952-476-2679• fax 952-476-2682 i| 7635760499 04/23/03 06t59A P.OOI A^iaccal rroptily Ow»m* AdCBOwkdtCflKat Form hw icviewei the pins bs the pfoposod improveowl or proposed toe of the properly located at also feftrred to as Uad Use AppKeotiOA No.----------- I (wo) uadsTaUnd that in aecutipg dus adnowtodgsnmt. 1 (••) am (aw) tM lo^lm ■BDroval Of disapproval of tha pcopwty of use but loerily to oonibm for tha Oiy Concil chat 1 (we) am (ate) a«r«o of the improvement pl»a and that foe piepoeed ntighWa peojact or use requires Cooneil approval Propel^Daia^ Owner Date r##fo fofo • •• • fofoPMfo 9 ##44 I (we) [print Dame(s)][print address] have leviewed foe plam for foe proposed iapcovemcai or piopo^ use of foe propetty tocated at also refcflKd to as Land Use Applicatieo No. • 1 (we) ndtf***^ foal in executing this acikadwledscmenl, 1 (we) am (are) not afood to declare anoioval or disapprovd of foe property or toe but merely to eoo«im for ^ City Ce^l that I (we) am (aw) awaw of the unprovemant plana wd that foe proposad project er use requires Ceuneil eppioval. Property Owner Date Property Ownr Date If you have any infomution that may assist the City in the review of thU Land Use Appbeslion. pleue submit your commentt to foe Buildiiig fo Zpobg Office at least 10 days pnor to foe scheduled meeting date. 8 t rrf utait*ii.a*«nA 9tn fflMIISH d|2*PO PQ 22 Adjacent Property Owners* Acknowledgement Form ofI (we) DrlOel 4 [print name(s)][print address] have reviewed the plans for the proposed improvement or proposed use of the property located at also referred to as Land Use Application No.________ I (we) understand that in executing this acknowledgement, 1 (we) am (arc) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use- requires Council approval. Date slJjinAuJ Property Owner 03 Date I (we) of iJL/yf [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at also referred to as Land Use Application No.________. I (we) understand that in executing this acknowledgement, 1 (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor’s project or use requires Council approval. Property Owner Date Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. W J8 1 1 \ L I (we)Q Adjacent Property Owners' Acknowledgement Form ■g,r lofiJCeLfffJlc*n!c^u * (print name(s)][print address] havejeyjewo' the plaw for the proposed improvement or proposed use of the property located at k jOj -also referred to as Land Use Application No.________. I (we) understand that in executing this acknowledgement, 1 (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confinr. for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor’s project or use requires Council approval. ’roperty Dike W^L Proper^r CvOwner Date / I (wc)______ Of______________________ [print name(s)][print address] have reviewed the plans for the proposed improvement or proposed use of the property located at ____also referred to as Land Use Application No.________. I (we) understand that in executing this acknowledgement, I (we) am (rre) not tsked to declare approval or disapproval of the property or use bat merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor’s project or use requires Council approval. Properly Owner Date C/vv^/Csi/v/ /»/<! s. /V\/>lS. /Ha; .5'JVC'o- Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. #29018 I j Date AppUcatlOD Received: S-21-03 Date Appikation Considered as Complete: 5-30-03 60-Oay Review Period Espires: 7-29-03 JUN 2 3 2003 CUYOFORONO REQUEST FOR COUNCIL ACTION Date: June 19,2003 Item No.: / i Department Approval:Administrator Approval: Name: Michael P. GafTron Title: Planning Director Agenda Section: Zoning Item Description: #03-2908 Ned & Loma Butterfield, 3745 Watertown Road - Variances • Resolution List of Exhibits A - Resolution B - Notice of Council Action 6-19-03 C - Letter Received 6-16-03 D - Memo and Exhibits of 6-11 -03 Application Summary Applicant requests lot area and lot width variances to allow an existing residence to be moved onto the property, which consists of 4.84 acres where 5.0 acres is required and 185' in defined width where a lot width of 300' is required. Please review the memo and exhibits of June 11. The applicants are preparing to move a home onto the property to replace their home which was destroyed by fire earlier this year. The home to be brought in is one that was acquired by MnDOT, on Silver Meadow Drive. Planning Commission Recommendation Planning Commission reviewed this request on June 16 and on a vote of 6-0 recommended approval, finding that the property has had a house on it for many years and the proposed house wi!i be placed in a conforming location. \ letter apparently fix>m a group of area residents was received on June 16 and read into the record by the Planning Commission chair. Staff will be reviewing the issues raised; Planning Commission recommended certain variance conditions intended to address the past eommereial use and ongoing maintenance needs of the property. These general conditions do appear in the attached resolution. Staff Recommendation Staff recommends approval per the attached resolution. COUNCIL ACTION REQUESTED Adopt or amend the attached resolution. Ji !■ i •'1 i A RESOLUTION GRANTING VARIANCES TO IViUNICIPAL ZONING CODE SECTION 10.27 SUBDIVISION 5(B) - FILE NO. 03-2908 WHEREAS, Ned L. Butterfield and Loma L. Butterfield, husband and wife, (hereinafter "the applicants") are the owners of the property located at 3745 Waterto\\'n Road within Ae City of Orono (hereinafter the "City") and legally described as follows: (Exhibit A, attached) (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for variances to Orono Municipal Zoning Code Section 10.27, Subdivision 5(B) to allow construction of a new residence on a lot 4.84 acres in area and 185' in dciincd width where a lot area of 5.0 acres and lot width of300' are normally required. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. 2. This application wa^ reviewed as Zoning File #03-2908. The property is located in the RR-IA Rural Residential Zoning District, which requires a minimum lot area of 5.0 acres and minimum lot width of 30C. The area of the property is 4.84 acres (210,739 s.f.' ind defined lot width is 185'. 3.The Planning Commission reviewed this application at a public hearing held on June 16, 2003 and recommended approval of the lot area and lot width variances, based on the following findings: No additional land is available for acquisition by the applicants to make it the property conforming in area or width. Page 1 of 5 oik. 4. 5. A single family home existed on the property in a non-conforming location for many years prior to its destruction by fire earlier this year. The proposed new residence on the property will be located to meet all required setbacks and will make use of the existing septic system which was recently constructed to serve the house which was destroyed. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variances on the health, safety and welfare of the community. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the 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 applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby ^ants a variance to Orono Municipal Zoning Code Section 10.27, Subdivision 5(B) to allow construction of a new residence on a lot 4.84 acres in area and 185' in defined width where a lot area of 5.0 acres and lot width of 300* are nomially required, subject to the following conditions: 1.Council approval is based on the site plan submitted by the applicant, attached to this Resolution as Exhibit B. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. All other standards of the RR-1 A zone shall be met by the new residence. 2.Prior to issuance of moving/building permits for the new residence, applicant shall submit an acceptable grading plan for the site, and shall confirm that the existing septic system has the capacity for the size home being moved in. Page 2 of 5 3. 4. 5. 6. 7. Applicants shall eliminate all non-residential uses on the property such as commercial storage, etc. unless such uses are allowed by CUP or license, in which case the proper approvals shall be obtained if iq)plicant wishes to continue those uses. The applicants are advised of limitations on continued commercial greenhouse use of the property, given that the conditional use permit for such use which previously existed is no longer in effect. Due to past concerns with commercial storage on the site, applicants are advised to eliminate any non-residential uses of the property absent appropriate permits, and are advised to eliminate the clutter and debris on the property and maintain the property in a manner that will match the character of this rural residential neighborhood. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (June 23,2004). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned iqrplicants have read, understood and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants’ heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 23rd day of June, 2003. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Propt :j Owncr(s) Page 3 of S itnimniiii [ii « 1 k 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 coiporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing insUument 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 .V ^ %. J '-#■ Page 4 of S 4 i r 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 1 proved on the oath/affirmation of. a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public 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/afTirmation of a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public Page 5 of 5 ■V a CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 ZONING FILE: #03-2908 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: June 19, 2003 TO:Ned & Loma Butterfield 755 North Femdale Road Wayrata, MN 55391 COPIES: TYPE OF APPLICATION: Variances DATE OF MEETING: June 16, 2003 Plaaning Commission recommended as follows: Motion: Recommend approval of lot area and lot width variances subject to the following conditions: a) Applicant must provide proof of adequate existing septic system capacity and availability of alternate site. b) c) All other standards of the RR-IA zone shall be met by the new residence. Non-residential uses on the property such as commercial storage, etc. shall be eliminated unless such uses are allowed by CUP or license, in which case the proper approvals shall be obtained if applicant wishes to continue those uses. Elimination of clutter and debris to match the character of this rural residential neighborhood. VOTE: 6 FOR 0 AGAINST Applicant's next scheduled meeting is confirmed as: City Council - Monday, June 23, 2003; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. If you have questions, please call Planning Director Mike Gaffron at 952-249-4600. I- c ' - 1 j C' ♦ t i O«* * June 13, 2003 This letter is in response to the Butterfield variance issues as documented in File #03-2908, being heard Monday, June 16,2003. My thoughts are numerous. Some of which you will find related to the house and some related to the behavior history of those living there. The 1st concern is the proposed placement of the house in relationship to Watertown Road. I am curious why with all the land they have available, why they would choose to put it so close to the road? Also, so close to neighbors? I feel as if they need more privacy, as do the neighbors. The 2nd concern is a safety one. Historically, there has been so much traffic and random parking, as well as many “comings and goings ” of odd people, numerous young adults and kids. 1 feel it is a potential danger to anyone traveling along Watertown Road whether it be in a vehicle, on a bike or on foot. There are many blind areas in this “parking lot”, due to the over grown trees and bushes. My 3rd concern is the traffic. I am not sure of what goes on there, nor does anyone else. Each of us thinks we have an “idea”. I know for a fact that three generations live together. There is a constant flow at all hours of the day and night of people, barking dogs, strange noises, music, cars, motorcycles, semi trucks and snowmobiles. There are often times ten or more cars parked in the yard over night. The Orono Police have made many I Pg-2 visits there and recently there has been numerous incidents of vandalism not on, but near the area of the property. My 4th concern is the appearance of the property in general. I believe we all have a right to do what we want on our property, yet this is an eye sore. We joke this is what is keeping our taxes down! In the front yard there is trash scattered, garbage in a the ditches, random furniture and often times an unmowed lawn. Prior to the fire and stored behind where the house once stood were vats of “who knows what”, abandoned cars, a dozen business trucks, a motor home, snowmobiles and a deer stand in the woods. At this moment many of these are still present, along with a working greenhouse. Will this change or become an issue again if you the planning commission passes oa this request? My 5th and last consent is a responsibility to the environment in general. Perhaps my concerns seem more personal, I do speak “the voice” of many who didn’t want to get involved for FEAR of retaliation. We want to defend what we consider is respectful, good neighborhood behavior and the values we hold true in our community of Orono. This is why we live here. Everyone who is part of this letter “feels” for the Butterfield’s and their loses. It would be a nightmare to lose a home, belongings and all the memories. We do want them to get a fresh and positive start. They also must be made aware of their impact on their immediate community. As I stated before, we the residents of Orono and any other community expect and deserve respectful and conscience behavior from all of its citizens. I am asking that they clean up their “act” and come back. Dale Application Received: 5>21*03 Date Application Considered as Complete: 5-3(MI3 60-Day Review Period Espires: 7-29-03 To:Chair Smith and Planning Commissioners Ron Moorse, City Administrator From: Date: Subject: Mike Gaffron, Planning Director^Su^^ June 11,2003 ' ^03-2908 Ned & Loma Butterfield, 3745 Watertown Road - Variances - Public Hearing Zoning District: Lot Area: RR-1A Single Family Rural Residential, S-acre min. 4.84 acres (Hennepin County) Application Summary: Applicant requests lot area and lot width variances to allow an existing residence to be moved onto the property, which consists of 4.84 acres where S.O acres is required and 185' in defined width where a lot width of 300' is required. Sta^Recommendation: Staff recommends approval of the area and width variances, subject to proof that a suitable septic system and alternate site can be provided for the proposed residence Pertinent Code Sections: 1.10.27, Subd. 5B: Minimum lot area required = 5.0 acres dry buildable. Existing lot area: 4.84 acres (per Henn. Co.) Minimum lot width required = 300' Existing lot width (at 100' street setback) = 185' List of Exhibits A - Application & Hardship Statement B - Survey w/proposed house location C - City topography map D - Existing Septic Layout E - Photo of House to be Moved In F - 1968 CUP for Commercial Greenhouse G - CUP Resolution No. 1793 H - Property Owners List I • Plat map 3- iT-r Background Applicants ’ home was destroyed by fire earlier this year, and applicants wish to replace it with an existing home to be moved onto the property. The home that was destroyed was nonconforming in location and the new residence is proposed to meet all required setbacks of the 5-acre zone. This property had historically been the site of a mixed use: a residential homestead with a commercial greenhouse operation involving a number of buildings. This use was issued a “Nonconforming Use CUP" in 1968, which was limited in scope in 1985 by conditions of a CUP for an additional greenhouse. That 1985 CUP eliminated any retail sales of flowers from the property. W3-29M Jua«ll,2003 Page 2 In 1996 the greenhouses and auxilliary buildings were removed from the site, and in 1997 a land alteration CUP was granted to allow up to 2,000 cy of fill to be placed in the excavation fiom the greenhouses, and to prepare for a future residence on the site. No commercial greenhouse operation has existed on this site since 1996; however, within the last year Mr. Butterfield has constructed a small (approximately 30 x SO) frame greenhouse near the center of the site in which he grows flowers for his contract gardening work. The site appears to have intermittent vehicle storage activity to the rear which staff has not fully investigated at this time. It should be noted that Commercial Greenhouses are a conditional use in the RR-1A district, and as a result of inactivity for a period of 6 years, a new commercial greenhouse use on the site would need a new CUP. Additional review of the current use is necessary to determine whether it rises to the level of a conditional use, or it may merely be a home occupation (without a home at the moment) and may or may not require a license. Since the house was destroyed, applicants are attempting to finalize purchase of one of the Silver Meadow Drive homes that has been acquired by MnDOT for the new Highway 12. Applicants indicate they have a short window of opportunity to get the house moved and would like to store it on the Watertown Road property temporarily while a foundation is constructed. Septic System. The house that was destroyed by fire had been served with a new mound septic system in 1999, with capacity for a 3-bedroom home. Applicants plan to re-connect the new home to that system. Staff will have to confirm that this system has capacity for the new home, and applicants will have to show that there is an alternate septic site on the property. LOT ANALYSIS WORKSHEET Lot Area/Width : RR-1 A Lot Area Lot Width Required S.O acres 300' Actual 4.84 acres 185' Setbacks: RR-1 A Required Proposed Front 100'140.9' Rear 100'700' + Left Side .;o'51.0' Right Side 50'75.2' \ 1 i #03-2908 June 11,2003 Page 3 Hardship Statement Applicant has provided a brief hardship statement in Exhibit A, and should be asked for his additional testimony regarding the application. Hardship Analysis In coHsidfriHg applications for variance, the Planning Commission shaii consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values ofproperty in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literai provisions of the Zoning Code In Instances where their strict enforce ment would cause undue hardship because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Staff would make the following recommendations in regards to the criteria foi "undue hardship" pertinent to this application: 1.“Tlie property in question cannot be put to a reasonable use if used under conditions allowed by the oflicial controls.” The site has had a residence on it for many years and cannot continue to be used for residential purposes unless a variance is granted. The property is zonedfor residential use. 2.”The plight of the landowner i, due to circumstances unique to his property not created by the landowner.” The lot arcu and width have existed as nonconformities for many years. The lot was originally treated prior tc adoption of the 5 -acre/300' zoning requirements. 3.The variance, if gi anted, will not alter the essential character of the locality.” A variance to construct a new residence on the property will allow the site to remain in keeping with the essential character of the locality. “Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter.” Economic consideration is not a factor in this request. 5.indue h irdshio also includes, but is not limited to, inadequate access to direct sunlight for ".olar energy svsi 'ms. ariances shall be granted for earth sheltered construction as defined in Mii’ncsotc Statutes, Section 116J.06, Subd 2, when in harmony with this Chapter.” Net .ipphcable 6.“TheDoard of Appeals and Adjustments or die Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person's land ir located.” So! Applicable 1 #03-2908 Jitncll,2003 Pige4 7.’The Board or Council may permit as a variar>':e the temporary use of a one-family dwelling as a two-family dwelling." Not Applicable 8."The special conditions applying to the structure or land ir question are peculiar to such property or immediately adjoining property." The lack of area or width is not unusual in the 5-acre zone because that zone was created after many properties had been previously divided. 9.‘The conditions do not apply generally to other land or structures in the district in which said land is located." The lack of area or width is a condition that is not uncommon in the RR-IA District. 10."The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The applicants must be granted the requested variance in order to preserve their right to use the property for the residential purposes for which it is zoned and guide in the CMP. II. “The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code." Granting of the variance will be in keeping with the intent of the zoning code. 12. “The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty." Granting of the variance is necessary to alleviate a hardship to the property. Issues for Consideration 1.As this property returns to its residential use, any and all ongoing non-residential uses should be eliminated or made legitimate through the proper tq>provals. 2.The property owner should be advised to apply for the necessary permits for additional filling that appears to be occurring on the site, and should confirm for staff the level of greenhouse use so that it can be determined whether a CUP or home occupation licen.se is necessary. 3.The site appears to be rather cluttered with vehicles and equipment; the applicanv should work with staff to bring the site into a level of orderliness that befits a residential neighborhood. 4. Does Planning Commission have any other issues or concerns with this application? 5.- 1 #03-2908 June 11,2003 Pages Staff RccommcndatioD Staff recommends approval of the lot area and width variances, subject to: a) Proof of adequate septic system capacity and alternate site. b) All other standards of the RR-1A zone shall be met by the new residence. c) Elimination of non-residential uses on the property such as commercial storage, etc. unless such uses are allowed by CUP or license, in which case the proper approvals shall be obtained if applicant wishes to continue those uses. d) Elimination of clutter and debris to match the character of this rural residential neighborhood. Proposed Motion Motion to approve the lot area and width variances for the placement of a new home on the property, per the conditions of the staff recommendation. A «• *•AppUcaUon # CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee v^50.^ (SSO.OO per each addmbhal^ariance) 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 Amount Paid , PROPERTY INFORMATION Site Address 3 ^ (J. JqXa Property Identification Number (P.I.D.) '3 A - ^ ^ Attach legal description to application if not included on requir^ survey. Date Pr^erty^cquired I (do)/^ iiot^so own the adjaceld parcels of lanl PresenTusFTJlFOpeity; y residential ___pother (specify). Zoning District; I ^ --------------------------- 3 ^ _(month/year) APPLICANT Name 72i>i^M Address:.^2j£5Lj2Lflk^iciaj6 OWTS’ER (if different^han app Name"9^^^aL __________ Address: "iha ttn^AiodlL City: Phone (home ) ^ — if ^ Phone (woric) Zip:. .j^j>.^y / Phone (home) Phone (work ) A3. - ^ y DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail: 1/ a r! i ^ no />-Q c y~y%j, CV IT} r.i.AJ (attach additional sheets if necessary) VARIANCES REQUIRED X Lot Area X Lot Width Setback:Front Side Hardcover Rear Lot Coverage 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: T/ 7— / r ^ M Si ____Tifg ^ach additional sheets if necessary) i REQUIREb'SUBMITTALS All 9f the followlne informutipn must !>« sjibmltted bv the annllenHon defldlln> Hai> in for vuur appllcatloii to be copsidered cnn|D|gtei IHlder 1. 2. 3. B. Completed Application Form Certified Propel^ Owners List of owners within 150', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance A-603 Govt Center, 348-5910). Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy 8J4" x 11" for reproduction. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 8/2” x 11" for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy BVi ” x 11"). List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. - --------- Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that vour yarlance applicatiop is not complete if thi. above Information ha« nnt h^en APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zonine Administrator, agrees to pay additional fees (staff time not covered by original fee paymen ) and/or consultwt expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of investigation and verification of this request. Owner's Signature A Applicant must have all submittals into the Cit^officcs 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please mie arrangements to have an authonzed agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. * Date r Adjacent Property Owners' Acknowledgement Form I (wc) iVv \ ^ Vw r V «i4'U)f [print name(8)][print address] ^0 have reviewed the plans for the proposed improvement or proposed use of the property located at ___________________ also referred to as Land Use Application No._______.. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confim for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor’s project or use requires Council approval. V 5-21-05 Property Owner Date Property Owner Date I (we) [print name(s)][print address] have rev iewed the plans for the proposed improvement or proposed use of the property located at __________________also referred to as Land Use Application No.________. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Property Owner Date Property Owner Date If you have any information that may assist the City in the review of this Land Use ^plication, please submit your comments to the^uildin^ & Zoning Office at least 10 days prior to the scheduled meeting date. ' : n SEPTIC SYSTEM INVENTORY Address: 3745 Watertown Rd. PID: 32-118-23 34 0009 Building Type residence BRs Install'd for: 3 In Musa: No Permit//: 11851 Date of Permit: 9/14/99 Installer: Hayes Exc. System Type: mound Experimental: no TankFiltei. yes SYSTEM CONDITION Conformity: 1 Tank Condition: 5 DF condition: 11 Failure Pot: low SEPTIC TANKS Material: precast concrete Setback to Bldg: 65 Capacity: 1000,1000,1000 Cesspool: no DRAINFIELD Length of Lines: 41 //Lines: 3 Trench Width: 10 Treatment Area: 41*70 Type of Filter: rock, clean sand Soil Boring: yes Tile Size: 1.5 Under Tile: 9 PercRate: 18 Setback DF-Bldg: 245 DFHt above Wt: 3 Soil Type: loam, clay loam Limitations: none WELL DATA Setbacks - Well-Tanks: Pump Type: INSPECTION RECORD DATE 12/9/82 9/3/86 7/12/88 5/10/91 6/15/93 etnm 12/1/97 9/14/99 9/23/99 11/4/99 12/29/99 11/15/01 DESCRIPTION no surfacing no surfacing no surfacing DF saturated no surfacing DF surfacing-repair by 9/30/97 Well-DF: Report in File Depth: Diameter: Method: PUMPOVT RECORD COMPLIANCE DATE GALLONS 3 3/10/86 1200 3 3 3 2 3 DF surfacing-repair by 7/15/98, pump tai3 Replacement Installation Final no surfacing no surfacing no surfacing, pump tanks r ■V ' village oTuruiio 0ICONDIT1OI1AL PERMIT ■,^No..Date.g-S-TT I T. fcW V 'f-1 mns r,"» • . ** ■» NA I > A.V. IA-, t. timrai For HOti-Cont’cnjlMj! Use Fee Case No._, VU.IACE OP OaONO Crjrstflk Riy, Minnesota (Complete in Duplicate) * ^ This form to bo used in all applications for conditional use pernits and for rezoning, dividing or consolidating parcels of land, vacating stre-.tts, alleys and variances. Type of Application^.,...1 - Owner of Property: Natae i_ _ _ _Phone No.73-4214 Address 3?4S Watertown Read Applicant (other than owner): Name_ _ _ _ _ _ _ _^Phone No. Address _ _ _ _ _ _ _ Relationship to Owner Engineer: Name_Phone No. Land Planner: Name Subdivider: Name Phone No. Phone No. Location (How do we find it?) Legal Description: 41332, Parcel 45^00 Date Acquired_ _ _ _ _ _ Area (sq. ft.) 4 Ac. Separaf: Ownership- - - -^Single Ownership_ Date of last division of this property Do you own any adjoining property?_ _ Action Requested Xon»Coii£ort;i.ig Use Permit for nursery Signature of Applicant RECORD OF ACTION TAKEN Date Action Inspection Dept: Administrator: Village Council: Village Engineer: fllL ^ <L _ / Planning Commission: Village Council: I* ■ 1 f- ■■ - ^' X-I, H. R. Ross Mavnr P.r.lt...u.a: D... Condition of Non-Conforming Use: Nholesclo nn%l retail flowers. Four acre.-j total. One aero for green- houses and parking.A —%r iiIMi •«.?i Vj» MMi '^mrc ■y 5^^:; rmr v^:; City of ORONO •#..'• .*••. * •• • *'' RESOLUTION OF THE CITY COUNCIL NO. ________ A RESOLUTION GRANTING A CONDITIONAT. USB PERMIT PER MUNICIPAL ZONING CODE SECTION 10.20, SUDDIVIGION 3 (E) PILE NO. 933 WHEREAS, Nod Butterfield (hereinafter "the applicont") has an interest in the property located at 3745 Watertown Road within the City of Orono (hereafter "City") and leqally described as £ollows: The east 19C.5 foot of the west 392.56 feet of the southeast quarter of the southwest quarter of Section 32, Township 117 north. Range 23 west of the 5th principal meridian, Hennepin County, Minnesota (hereinafter "oroperty"); and WHEREAS, the applicant )ias applied to the City for a Conditional Use Permit to permit the construction cf a <0* x 100* commercial greenhouse per Municipal Zoning Code Section 10.20, Subdivision 3 (S). FINDINGS 1. This application was reviewed as Zoning File No. 933. 2. The property is located in the RR-lA Single Family Rural Residential Zoning District. 3. On dune 17, 1985, the Orono Planning Commission *^cvicwcd the application as proposed €ind recommended approval, finding -hat: a) A commercial groonhoiise opeiation has existed on this property since prior to the 1967 roning code. b) The City Council formally recognized this commercial greenhouse and who)esa1</retai 1 commercial flcwer operation through a non-cenforming conditional use permit dated September 13, *968. c) The retail sale of flowers on the property has nearly ceased to exist in recent years. The wholc- salc/retail sale of flower" on the property will not increase as a result of the additional greenhouse structure, hence, this is not considered as an expan sion of a nor.-conforning use. Page 1 of 4 G ' .»/* % - V'-> •*: •S'-r V'.•'•.■"'r, '.j Wm City of ORONO RESOLUTION OF THE CITY COUNCIL NO. T/93 d) The property is 4.6 acres in area in this 5-acre zoning district. e) The new greenhouse will be located 25 feet from the side property line# in conformity with the existing greenhouse structures. f) The City has no complaints on file regarding the use of this property for a commercial greenhouse opera tion. 4. The City Council has considered this application in cluding the findings and recommendations of the Planning Commission# reports by staff and comments of the applicant and the effect of the proposed use on the health# safety and welfare of the community. 5. The City Council finds that granting a Conditional Use Permit to allow the construction of a 40'xl00' greenhouse will r t be detrimental to the health# safety or general welfar of the public# would not adversely affect light# air nor pc e a fire hazard or other danger to neighboring pro perties# nor will it depreciate surrounding property values and the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CC.ICLOSIOKS# ORDPR AND CONDITIONS Based upon the above fillings# the Orono City Council hereby grants a Conditional Use Permit per Municipal Zoning Code Section 10.20# Subdivision 3 (E) to permit the construction of a commercial greenhouse# subject to the following conditions: 1. The greenhouse structure must meet %*\11 Building Code and Fire Code standards# including the 20* setback from other grecri.nouscs if no 1-hour firewall is provided. 2. The structure shall he set back the same distance from the east side lot line as the existing greenhouses (approximately 25'). 3. In granting this conditional use permit# the Council recognizes that this lot is 4.6 acres in area in the RR-lA 5-acre zoning district# and grants an approval for the substandard lot size. 4. The applicant is placcu on notice that any future addi tional greenhouse construction or expansion will require a new conditional use permit. Page 2 of 4 . * i'* * - \ I !. • • City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1V93 d) The property is 4.6 acres in area in this 5-acre 2oning district. e) The new greenhouse will be located 25 feet from the side property line# in conformity with the existing greenhouse structures. f) The City has no complaints on file regarding the use of this property for a commercial greenhouse opera tion. 4. The City Council has considered this application in cluding the findings and recommendations of the Planning Commissiont reports by staff and comments of the applicant and the effect of the proposed use on the health# safety and welfare of the community. 5. The City Council finds that granting a Conditional Use Permit to allow the construction of a 40*xl00* greenhouse will r t be detrimental to the health# safety or general velfar of the public# would not adversely affect light# air nor pc e a fire hazard or other danger to neighboring pro perties, nor will it depreciate surrounding property values and the proposed level of use cf the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CC.4CL0S10NS, ORDER AND CONDITIONS Based upon the above fi*' iings, the Orono City Council hereby grants a Conditional Use Permit per Municipal Zoning Code Section 10.20, Subdivision 3 (E) to permit the construction of a corrjncrcial greenhouse, subject to the following conditions: 1. The greenhouse structure must meet all Building Code and Fire Code standards, including the 20* setback from other greenhouses if no 1-hour firewall is provided. 2. The structure shall he set back the same distance from the east side lot lino as the existing greenhouses (approximately 25'). 3. In granting this conditional use permit, the Council recognizes that this lot is 4.6 acres in area in the RR-lA 5-acrc zoning district, and grants an approval for the substandard lot size. 4. The applicant is placcu on notice that any future addi tional greenhouse construction or expansion will require a new conditional use permit. Page 2 of 4 "r'i • •• •• • • . I i O^OIS<^ City of OROIVO RESOLUTION OF THE CITY COUNCIL NO. 1793 July 5. There shall be no further retail sales activity on the property. 6. If the existing septic system^ at some future time fails to function satisfactorily, the conditional use shall cease until the system is repaired. 7. Violation of or non-compliance with any of the items and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 8. The undersigned owner has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agreuc to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 6th day of 1985. ATTEST: '^7. DlSk^othy M. ^lellin, City Clerk Maty C. Bu^|^r. Mayor \ Prop/rty Owner(c) / Page 3 of 4 L • ./V • .* ' •• .V\ , .• .'-W- •: V*\-' City of OROIVO RESOLUTION OF THE CITY COUNCIL NO. 1793_________ STATE OF MINNESOTA ) ) 8S. COUNTY OF HENNEPIN ) On this 2^___________' day of AuL>f________________, 1985 before we a Notary Public within and for said county, personally appeared AJeTn . RuTTr^t!^jr/en^t^._ known to me to be the person(s) described in and who executed the foregoing instrunentf and acknowledged that he (they) executed the sane as his (their) free act and deed. STATE OP MINNESOTA ) )SS. COUNTY OF HENNEPIN ) 30'*'’'0.. this day of A i< C* ti £jt 1985» before no * Nc^ary Public and for said County# personally appeared known to me to be the pcrson(s )describedin ana who executed the forc9oin9instrunent# and acknowled9ed that he (they) executed the same ar his (their) free act and deed. Wf .-in.- * ^ j ^uU} r ?-i/ NOTARY PUBLIC MY CO.'LMISSlOiJ EXPIRES Fago 4 cf 4 ---- r fur: Wf RUN DATE .*5020003 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST PAGE: I 31 051I7232I002I PROP ADDR 50 LANDMARK DR OWNER NAME R W FULLERTONA: K FULLERTON TAXPAYER ROBERT k CAROLINE FULLERTON NAME/ADOR 50 LANDMARK DR LONG LAKE MN 55356 3S 0511723220001 PROP ADDR 3t ADDRESS UNASSK3NED OWNERNAME STATEOFMINN TAXPAYER DNR REAL ESTATE MGMT NAME/AOOR ATTN DEBBIE GURTIN 500 LAFAYETTE RO ST PAUL MN 55155 38 3211823310005 PROP ADDR 3760 WATERTOWN RD OWNERNAME X)lfNRATZLOFFETAL TAXPAYER JOHN RATZLOFF NAME/ADDR ROCHELLE DANIELS-RATZLOFF 3760 WATERTOWN RD MAPLE PLAIN MN 55359 38 3211823330002 PROP ADDR 3785 WATERTOWN RD OWNERNAME JAMESFBROOKS TAXPAYER JAMES F BROOKS NAME/ADOR 3785 WATERTOWN ROAD MAPLE PLAIN MN 55359 38 3211823340011 PROP ADDR 3685 WATERTOWN RO OWNERNAME J H A M LMERIDETH TAXPAYER JOHN H k MARLA MERIDETH NAME/ADDR 3685 WATERTOWN RD MAPLE PLAIN MN 55359 38 3211823340012 PROP ADDR 3743 WATERTOWF< \D OWNERNAME NED LBUTTERFIEl'^»ET AL TAXPAYER NED L BUTTERFIELD A NAME/ADDR LORNA L BUTTERFIELD 3743 WATERTOWN RD MAPLEPLAINMN 55359 38 3211823340013 PROP ADDR 3765 WATERTOWN RD OWNERNAME LLCOOKALMCOOK TAXPAYER LARRY LA LINDA M COOK NAME/ADDR 3765 WATERTOWN RD MAPLEPLAINMN 55359 I CERTIFY THATTHE FACTS REPRESKTED ARE AN ACCURATE AND TRUE REPRESENTATIONOF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OPTHE HENNEPIN COUNTY TAXPAYER SERVICES DEPARTMENT, TO THE BEST OF MY KNOWLEDGE AND BEUEP. ^ ^ DATE BY 03 .9 90? m i' -.1 J X mm^'' wmm fuf mmj:^/1 •/"Y ' -<ty : ■ Xv >-<•• » r ■ */' &::«> •V l.*ji^''i.; ■'? ■• "..4i- m JUN 2 3 2003 REQUEST FOR COUNCIL ACTION un y uh orono DATE: June 23,2003 ITEM NO.: / Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed: Agenda Section: ^ Public Service’s Director’s Report r-j Item Description: Fox Street Bridge Replacement Update We are in the process of completing project engineering for replacement of the existing bridge at Fox Street over Long Lake Creek. The required State Aid Standard width is 36 feet for the replacement bridge. We will be requesting a variance from MNDOT to replace this bridge with a 28- foot wide bridge to match the existing conditions as no future expansion of Fox Street is envisioned because of the significant wetland issues. The MNDOT Variance Committee meeting is scheduled for June 26th. At the June 9'” Council meeting, Peter Hill, 585 Brown Road South, addressed the Council regarding this bridge replacement project. This resident lives on, the west side of Brown Road, directly north of the bridge. Mr. Hill raised two issues, the clearance of the bridge over Long Lake Creek, and the width of the new bridge. The existing bridge has about 3 feet of clearance above the water, and only a canoe or small boat can navigate under the bridge. The water level in Long Lake Creek in this area is basically the same level as Tanager Lake and Lake Minnetonka. The existing Hennepin County Brown Road bridge over Long Lake Creek, just downstream of this bridge, has about 8" more clearance over the creek. Mr. Hill would like the clearance above the creek increased for the new bridge. The profile on Fox Street is flat in this area, and the new bridge deck elevation needs to match the existing bridge deck elevation. It may be possible to design new bridge with less depth than the existing bridge to increase the clearance above the water. Our staff recommendation is to match the existing bridge deck elevation and attempt to design a reasonable cost bridge with less depth in order to possibly provide more clearance under the bridge. Mr. Hill requested that new bridge be widened to accommodate fishing off the bridge. The long standing general policy in the Lake Minnetonka area is not to encourage fishing from bridges because of traffic safety concerns. Many of the bridges in the Lake Minnetonka area are posted to prohibit fishing off the bridges. We have discussed this issue with the Orono Police Department, and a memo from the Police Department is attached. The staff recommendation from both the Public Work ’s and Police Departments is to not widen the new bridge, beyond the proposed 28-foot width, for fishing based on traffic safety concerns and the lack of safe vehicular parking on Fox Street or Brown Road in this area. Page 1 of 2 1 • v' mm I m0^ COUNCIL ACTION REQUESTED: Motion to approve the staff lecommendation to match the existing bridge deck elevation and attempt to design a reasonable cost bridge with less depth in order to possibly provide more clearance under the bridge. Motion to approve the staff recommendation to not widen the new bridge, beyond the proposed 28- foot width, for fishing based on traffic safety concerns and the lack of safe vehicular parking on Fox Street or Brown Road in this area. Page 2 of 2 _____________ PflFR W\U PR^PEiLiy N 6R0WU R oad BR.io«e itetfittMMlliliBiiBfii G^^ppa - Fox Street Bridpe'paSST From: To: Data: Subjact: Kurt Erickson GragGappa 6/10/03 2:26PM Fox Street Bridge I have asked the officers about the issue of fishing from the Fox Street bridge over Long Lake Creek. The have over 27 years been a few occasions when I or others have seen someone fishing in the area but it is very rare and not a regular fishing area. I would assume if this were a good fishing area we would have had people using it as we do in our rKxmal fishing area's. If we were to design the bridge to accommodate fishing we would also run the risk of attracting more people to the area to fish. To safely accommo date this we vrould need to include side walks of about 5 ft. width and improve the shoulders to accommodate parking. This would entail 8 foot shoulders to be added and approach to the bridge to be upgraded. The police department would recommei d that the bridge not be upgraded to accommodate fishing based on the lack of interest in using it and thr cost to upgrade it to safely accommodate it Should person's living in the area wa' it to fish in the creek a private dock would be far easier and much less expensive. This would also allc w control of who used the area. Another reasonable alternative is a small rowboat or canoe. ft-' irtiiMIffr'iniiilii k JUN 2 3 2003 REQUEST FOR COUNCIL ACTION v,..,ufORONO DATE: June 23.2003 ITEM NO.: Ij Department Approval: Name Gregoiy A. Gappa TUIc Director of Public Services Administrator Reviewed: Agenda Section: Public Services Director's Report Item Description: Request for Payment #2, Navarre Fire Station Site Improvements Project We have reviewed the information submitted by the City's engineering firm and recommend approval of this Request for Payment. For this project the public sewer and water lines in the City street will be charged to the respective utility fbnds. COUNCIL ACTION REQUESTED: Motion to approve Request for Payment Number 2, Navarre Fire Station Site Improvements Project to F. F. Jedlicki Inc. in the amount of $195,937.76 with the following cost distribution; Fire Station Fund $128,359.76, Sewer Fund $12,676.00, Water Fund $54,902.00. ---- — Tin's I ! I i li ( :! 1 11 !! i; . I IPP l/ll6onestroo gjRosene En|iM«itARNMCtt Owner City of O' no, P. O. Box 66, Crystal Bay. MN 55323 Date:June 16,2003 For Period:5/21/200310 6/160003 ReouesINo:2 Contractor F.F. JedHcfci Inc, 14203 W. 62nd St., Eden Prairie, MN 55346 CONTRACTOR'S REQUEST FOR PAYMENT NAVARRE FIRE STATION • STREET S UTILITY IMPROVEMENTS BRA FILE NO. 139-03-133 SUMMARY 1 2 3 4 5 6 7 8 0 10 11 12 Original Contract Amount Change Order - Addition Change Order - Deduction Revised Contract Amount Value Completed to Date Material on Hand Amount Earned Less Retainage 5% Subtotal Less Amount Paid Previously Liquidated damages - AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 304,719.60 $ I 17.250.00 0.00 321.969.50 265.425.27 0.00 265,425.27 13,271.26 252,154.01 56.216.25 0.00 195,937.76 Recommended for Approval by: BONESTROO. ROSENE, ANDERUK A ASSOCIATES, INC. Approved by Contractor F.F.JEOLICKIINC. Approved by Owner cmroFORONO specified Contract Completion Date: June 21,2003 Date: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Htffi PARTI^STREET: . COMMON EXCAVATION (P) COMMON BORROW (CV) SELECT GRANULAR BORROW (CV) 1-1/r MINUS CRUSHED ROCK TENSAR GEOORID GEOTEXTILE FABRIC AGGREGATE BASE. CLASS 5 BITUMINOUS BASE. TYPE 31 BITUMINOUS STREET PATCH C. R. 15 STREET PATCH 4* CONCRETE SIDEWALK PEDESTRIAN CURB RAMP CONCRETE CURB & GUTTER COMMERCIAL DRIVEWAY APRON REMOVE EXISTING STORM SEWER PIPE REMOVE BITUMINOUS PAVEMENT REMOVE CONCRETE SIDEWALK REMOVE CONCRETE CURB & GUTTER REMOVE CONCRETE PAVEMENT Total PARTI-STREET: PART 1 - STREET: - Bid AnxKint Total - $119.971,50 Unit Contract Quantity CY CY CY TN SY SY TN TN SY SF SF EA LF SF LF SY SF LF SF PART 2 - STORM SEWER: 1674 2342 700 950 1700 1300 275 45 400 400 2 625 892 55 45 1050 105 400 Unit Prico Curront Quantity Quantity to Data 5.00 9.00 9.50 17.00 2.00 1.00 18.00 41.00 25.00 3.00 5.00 1500.00 10.00 8.00 5.00 10.00 0.75 5.00 3.00 20 15*RCP LF 133 27.00 21 15 ’RCP FES EA 3 400.00 22 4* PERFORATED POLYETHYLENE PIPE LF 200 8.00 23 CONNECT DRAIN TILE TO STRUCTURE EA 4 150.00 24 CATCH BASIN EA 1 1500.00 25 SUMPCBMH EA 3 2250.00 26 RIP RAP, CLASS III CY 4 100.00 ToUl PART 2 • STORM SEWER: PART 2 • STORM SEWER: • Bid Amount Total • $15,641.00 PART 3 -WATER MAIN: 27 DIR. BORE 18* CASING W/ir CARRIER LF 225 123.00 28 10* DIP LF 450 29.00 29 8-DIP LF 25 28.00 30 8-DIP LF 6 27.00 31 r TYPE K COPPER LF 25 25.00 32 rCORP.EA 1 200.00 33 rCURB STOP EA 1 300.00 34 CONNECT TO EXIST. W.M.EA 2 950.00 35 DIP FITTINGS LBS 3000 1.50 36 8-GV8BOX EA 1 800.00 37 8-PIV EA 1 1500.00 38 10-GV&BOX EA 1 1200.00 39 HYDRANT EA 1 1900.00 40 6* MEGALUG EA 4 25.00 41 r MEGALUG EA 1 40.00 42 10* MEGALUG EA 9 50.00 Total PART 3 • WATER MAIN: PART 3 • WATER MAIN. - Bid Amount Total - 554.902.00 PART 4 -SANITARY: 43 8* PVC LF 193 27.00 44 MANHOLE EA 2 1950.00 45 MANHOLE OVERDEPTH LF 5 100.00 46 8* X 8* WYE EA 2 35.00 47 r SERVICE PIPE LF 105 24.00 48 CONNECT TO EXIST. MH EA 1 475.00 49 IMPROVED PIPE FOUNDATION LF 100 2.00 50 TELEVISE SANITARY SEWER LF 193 3.00 Total PART 4 • SANITARY: PART 4. SANITARY: • Bid Amount Total • $13,455.00 1874 2342 2000 893.81 950 1700 1009 18 55 1050 105 149 3 1 3 4 225 450 25 6 25 1 1 2 3000 1 1 1 1 4 1 B 93 2 5 2 105 1874 2342 2000 893.81 950 1700 1009 18 55 1050 105 149 3 1 3 4 225 450 25 8 25 1 1 2 3000 1 1 1 1 4 1 9 193 2 5 2 105 1 Amount to Data 58.370.00 521.078.00 519.000.00 511.794.77 51.900.00 51.700.00 516.144.00 50.00 50.00 5240.00 50.00 50.00 5160.00 50.00 5275.00 50.00 5787.50 5525.00 50.00 581.974.27 54.023.00 51^00.00 50.00 50.00 51.500.00 56.750.00 5400.00 513.873.00 527.875.00 513.050.00 5700.00 5182.00 5825.00 5200.00 5300.00 51.900.00 54.500.00 5600.00 51.500.00 51.200.00 51.900.00 5100.00 540.00 5450.00 554.902.00 55.211.00 53.900.00 5500.00 570.00 52.520.00 5475.00 50.00 50.00 512.876.00 L Contract umt Currant Quantity Amount No.ham Unit Quantity PHcm Quantity to Data to Data • • • • • PART 5-SITE WORK: 51 SITE GRADING IS 1 70000.00 0.4 0.0 563.000.00 52 CLEAR AND GRUB TREE 65 300.00 65 519.500.00 53 SEEDING. MNDOT MIX 15B AC 1 1800.00 50.00 54 SEEDING. MNDOT MIX 30B AC 1.5 1800.00 50.00 55 SOD SY 700 5.00 50.00 56 FIBER BLANKET SY 500 2.00 50.00 57 SILT FENCE LF 1500 1.50 500 1500 52.250.00 Total PART 5 - SITE WORK:584.750.00 Chang# Ord#r Numbar 1 1 CLEAR AND GRUB Total Chang# Ont#r No. 1 TREE 250.00 69 69 $17^50.00 517^50.00 Total PARTI-STREET: ToUl PART 2 • STORM SEWER: Total PART 3 • WATER MAIN: ToUl PART 4 - SANITARY: Total PART 6 • SITE WORK: Total Chang# Ordor No. 1 Total Woffc CompMad To Dal# 561.974.27 513.873.00 554.902.00 512.676.00 fM. <’50.00 517.250.00 5265.425.27 PROJECT PAYMENT STATUS OWNER CITY OF ORONO BRA FILE NO. 139^3-133 CONTRACTOR F.F. JEDLICKI INC. CHANGE ORDERS PAYMENT SUMMARY Material on Hand ismiiinldz I I ‘te d la II 1 S/16/2003 This Change Order provides for additional work on this project. See Change Order. $17,250.00 Total Chang# Ord#r»$17,250.00 No.From To Payment Retalnage Completed 1 05/01/2003 05/20/03 56.216.25 2.958.75 59.175.00 2 05/21/2003 06/16/03 195.937.76 13.271.26 265.425.27 Total Payment to Date $252,154.01 Original Contract $304,719.50 Retalnage Pay No. 2 13.271.26 Change Orders $17,250.00 Total Amount Earned $265,425.27 RevUed Contract $321,969.50 1 JUN 2 3 2001 REQUEST rORCOUNat ACTION cuYUfORONO DATE; June 23,2003 ITEM NO.: H DcpartnicBt Approval: Naiac Gregory A. Gappa THIc Director of Public Services Administrator Reviewed: Agenda Section: Public Services Director's Report Item Description: Request for Paymentwl. North Long Lake East Sanitary Sewer Project We have reviewed the information submitted by the City's engineering Arm and recommend approval of this Request for Payment. COUNCIL ACTION REQUESTED: Motion to approve Request for Payment Number 1, North Long Lake East Sanitary Sewer Project to E. J. Mayers Inc. in the amount of $37,562.72. i ji > p l/lBonestroo fijltosene nAnderfik& |\|| Associates IngintrsiArchittcts Owner CityofOrono, P.O.Box 66. Crystal Bay. MN 55323 Date:June 17.2003 For Period:6/20003 to 6/17/2003 Request No:1 Contractor E. J. Mayers, 21360 Larkin Rd.. Corcoran, MN 55340 CONTRACTOR'S REQUEST FOR PAYMENT NORTH LONG LAKE SEWER EXTENSION BRAFII.E NO. 139-03-125 i (• SUMMARY 1 2 3 4 5 6 7 8 9 10 11 12 Original (k>ntract Amount Change Order • Addition Change Order - Deduction Revised Contract Amount Value Completed to Date Material on Hand Amount Earned Less Retainage 5% Subtotal Less Amount Paid Previously Liquidated damages • AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 40,129.70 $ $ 0.00 0.00 40,129.70 39,539.70 0.00 39,539.70 1,976.99 37,562.72 0.00 0.00 37,562.72 Recommended for Approval by: BONESTROO, ROSENE, ANDERLIK S ASSOCIATES. INC. Approved by Contractor E J MAYERS Approved by Owner cmroFORONO Specified Contract Completion Date: July 31.2003 Date: imiMCQI lAn il^T A I I V- • r \ . .iS i Contract Unit Currant Quantity Amount No.Ram Unit • Quantity Prico Quantity to Data to Data North Loi>o Lakt.tenitary Stwor 1 M/r HOPE. SDR 11 DIRECTIONAL DRILLED LF 1330 8.00 1210 1210 $9,680.00 2 r HDPE. SDR 11 DIRECTIONAL DRILLED LF 470 8.00 555 555 $4,440.00 3 M/4* HDPE. SERVICE PIPE SDR 11 DIRECTIONAL DRILLED LF 350 8.00 350 350 $2,600.00 4 M/4- CURB STOP AND BOX EA 5 2000.00 5 5 $10,000.00 5 CONNECT TO EXISTING GRAVITY MANHOLE EA 1 500.00 1 1 $500.00 6 r ISOLATION VALVE EA 2 2 2 S4 000 00 7 FLUSHING CONNECTION EA 2 2000.00 3 3 $6,000.00 8 TERMINATION FLUSHING CONNECTION EA 1 2000.00 1 1 $2,000.00 9 CLEAR AND GRUB LS 1 0.00 $0.00 10 SILT FENCE. REGULAR LF 300 0.00 $0.00 11 SOOOINO, LAWN TYPE SY 500 3.00 30 30 $90.00 12 MNOOT SEED MIX 70A AC 0.3 99.00 0.3 0.3 $29.70 13 WOOD FIBER BLANKET SY 300 3.00 $0.00 Total North Long Lake Sanitary Sewer $39,539.70 NotVi Long Lake Sanitary Sewer • Bid Amount Total •$40,129.70 Total North long Laka Sanitary Sower Total Work Complolad To Dale $39.539.70 $39,539.70 r . el.- 'a !f:;. - i PROJECT PAYMENT STATUS OWNER CITY OF ORONO BRA FILE NO. 139^3-125 CONTRACTOR E J MAYERS CHANGE ORDERS Total Change Orders PAYMENT SUMMARY No. From Paymont Rotainao* 1______I 06/02A2003 I 06/17/03 I 37,562.72 1,976.99 Material on Hand Completed 39,539.70 Total Payment to Date $37,562.72 Original Contract $40,129.70 Retainage Pay No. 1 1.976.99 Change Orders Total Amount Earned $39,539.70Revised Contract $40,129.70 M i r'r. REQUEST FOR COUNCIL ACTION M 2 3 2M3 CVUOl^ORONO DATE: June 23,2003 ITEM NO.: / 5 Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed: Agenda Section: Public Services Director ’s Report Item Description: Request for Payment#!, Heritage Drive Sanitary Sewer Extension Project We have reviewed the information submitted by the City's engineering firm and recommend {qrprovai of this Request for Payment. COUNCIL ACTION REQUESTED: Motion to approve Request for Payment Number 1, Heritage Drive Sanitary Sewer Extension Project to E. J. Mayers Inc. in the amount of $8,193.75. -f^i Si [i I 1 ■ 1 u i ! i • 0 -A i • \ % • I^Bonestfoo ^^Roscne nAnderlik& |\|| Assodates Ovi^r City of Orono, P. 0. Box 66. Crystal Bay. MN 55323 Date:June 17.2003 For Period: 6/2/2003 to 6/17/2003 Request No:1 Contractor E. J. Mayers, 21360 Larkin Rd.. Corcoran. MN 55340 IhginccriiArchittctt CONTRACTOR'S REQUEST FOR PAYMENT HERITAGE DRIVE SANIT/VRY SEWER EXTENSION BRA FILE NO. 139-03-131 SUMMARY • 1 Original Contract Amount $13.125.00 2 Cnange Order • Addition $0.00 3 Change Order-Deduction , $0.00 4 Revised Contract Amount S 13.125.00 5 Value Completed to Date $8.625.00 S Material on Hand $0.00 7 Amount Earned %8.625.00 8 Less Retainage 5%t 431.25 0 Subtotal $6.193.75 10 Less Amount Paid Previously $0.00 11 Liquidated damages •$0.00 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 1 $8.193.75 Recommended for Approval by: BONESTROO. R08ENE. ANDERUK ft ASSOCIATES, INC. roved by ContractorApproved by Contractoi E J MAYERS Approved by Owner CITYOFORONO Specified Contract Completion Date: June 30.2003 Date: iimiifRiQi No. 1 2 3 4 5 6 7 8 9 Unit LF Ktm North Long LokoSanftary Stwtn M/r HOPE. SOR11 DIRECTIONAL DRILLED M/4* HOPE. SERVICE PIPE SOR 11 DIRECTIONAL DRILLED M/4* CURB STOP AND BOX CONNECT TO EXISTING GRAVITY MANHOLE TERMINATION FLUSHING CONNECTION CLEAR AND GRUB SILT FENCE. REGULAR SODDING. LAWN TYPE WOOD FIBER BLANKET Total North Lorni Lake Sanitary Sewer. North Long Lake Sanitary Sewer • Bid Amount Total • S13.125.00 Contract Quantity Unit Frice Current Quantity Quantity to Date Amount to Date LF EA EA EA LS LF SY SY 750 10.00 700 700 S7.000.00 75 1S.00 75 75 $1,125.00 2 1200.00 S0.001500.00 1 1 $500.0011300.00 $0.0010.00 $0.001003.00 $0.006000.00 $0.003000.00 $0.00 $8,625.00 Total North Long Lake SaniQry Sewer. Total Work Completed To Date $8.625.00 $8,625.00 '‘n ^ iMommeoi 111 «rnk*^ / •• * • PROJECT PAYMENT STATUS OWNER CITY OF ORONO BRA FILE NO. 139-03-131 CONTRACTOR E J MAYERS CHANGE ORDERS No.Data Dascriptlon Amount Total Changa Ordart ^ • PAYMENT SUMMARY _____No. From i i 06/02/2003 Paymont Ratalnaga 06/17/03 I 6.193.75 | 431.25 I Complatad 8^625.00 Malarial on Hand Total Payment to Date S8.193.75 Original Contract S13.125.00 Retainaga Pay No. 1 431.25 Change Orders Total Amount Earned S8.625.00 Revised Contract S13.125.00 1 I JUN 2 3 2003 REQUEST FOR COUNCIL ACTION ci i y u^ UHONO DATE: June 23.2003 ITEM NO.: Department Approval: Name Gregoiy A. Gappa Titk Director of Public Services Administrator Reviewed: Agenda Section: Public Services Director’s Report Item Description: Office Wall Improvements This is a project to construct office walls to replace the partitions in the cubicles for the two City Planners. The existing setup with cubicles does not woric well because the large amount of time these two people spend on the telephone. The cubicle partition walls do not block sound very well, and the phone conversations are distracting to the person in the adjacent cubicle. We have solicited quotations for this project and are recommending accepting the quotation from The Carpenter’s Contracting Inc., Mound Minnesota in the amount of $3,513.00 for office wall improvements to be funded from the Contingency Account of the General Fund. COUNCIL ACTION REQUESTED: Motion to accept quotation from The Carpenter’s Contracting Inc., Mound Minnesota in the amount of $3,513.00 for office wall improvements to be funded from year the Contingency Account of the General Fund. J JUN 2 3 2005 REQUEST FOR COUNCIL ACTION ^ DATE: June 23.2003 ITEM NO.: / 7 Department Approval: Name Gregory A. Gappa Titk Director of Public Services Administrator Reviewed: Agenda Section: Public Services Director's Report /£1 Item Description: Office Air Ventilation Improvements The City offices were originally constructed without any outside air ventilation. The Uniform Building Code requires 15 Cubic Feet per Minute (CFM) of outside air ventilation per employee in office buildings. We have been receiving complaints about stale air in the ofHce. We recently had STS Consultants conduct an air quality check in the City offices, and the concentration of Carbon Dioxide (C02) was higher than is desirable. In outside air the normal concentration of C02 is 4 parts per million (ppm). The recommended C02 concentration for indoor air is from 4-6 ppm. In several ateas of the office the C02 concentration was up to 9 ppm. Elevated levels of C02 are not inherently hazardous, but higher C02 levels are indicative of insufficient fresh air and can result in complaints about stale air and a feeling of stuffiness in buildings. This project consists of the installation of a Heat Recovery Ventilator in both the City Hall and Police Department areas of the building. These units will be installed upstairs in both areas with ductwork to a fresh air vent on the end of the building. The Council Chamber's area of the building does not appear to be a big problem because it is not occupied by many people on a daily basis. When public meetings are held in the Council chambers, the fans for all of the fumaces/air conditioners are set to run continuously, and this appears to generate enough negative pressure inside the building to pull some outside air in through air leaks around the doors. The installation of an air exchange system for this area will be very expensive and does not appear to be warranted at this time. We have solicited quotations for this project and are recommending accepting the quotation from Ditter Inc., Medina Minnesota in the amount of $8,700 for office air ventilation improvements to be funded from the Contingency Account of the General Fund. COUNCIL ACTION REQUESTED: Motion to accept quotation from Ditter Inc., Medina Minne.*4>ta in the amount of $8,700 for office air ventilation improvements to be funded from the Contingency Account of the General Fund. JtlN 2 3 2003REQUEST FOR COUNCIL ACTION w.i Y OFOhUNO DATE: June 19,2003 ITEM NO: /g Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed: Item Description: Payment Request Number Navarre Fire Station (^4 Agenda Section: City Administrator's Report The City has received two invoices for payment related to the Navarre Fire Station. — BRV Group for architectural services in the amount of $48,992.43. - Constructive Ideas for project management services in the amount of $4,050.00 COUNOL ACTION REQUESTED: Motion to approve the request for payment in the amount of $48,992.43 to BKV Group, and in the amount of $4,050.00 to Constructive Ideas, to be funded from the Navarre Fire Station Construction Fund. J BKV C R O P Archt*ctur« InYtrior Ottign Engineering Kroot Vo0#l Group Inc 222 Nodh Second SlTMt Minneapolii, MN 55401 UepKone 612d39;3752 FociMIe: 6njXX9A7n www.bkvgroup.com EOE BUUnf Group 001 Tottls: • ♦ ^•1 i • f ^ t Invoice Invoice Number 20663 Invoice Date; May 23.2003 City of Orono 2750 Kelley Parkway P.O. Box 66 Orono, MN SS323-0066 Attention: Mr. Ron Moorse Project; 1124.10 City of Orono—Fire Station Professional Services through S/2S/03 BUUag Graap: Contract i: 001 Contract Amount: Percent Complete: Fee Earned: Prior Fee Billings: $110,300.00 70.00% $77,330.00 $33,130.00 Current Fee Total:$44,200.00 Billing Group Tottl: Billing Gronp: rcimb $44,200.00 Contract#: Reimburiiblfs • i Biiliag Grwip rdnb T«tab: BKV Group, Inc. Project: 1124.10 Invoice: 20663 May 25.2003 Page 2 of2 EasCDK Qiarge Bond Paper byS.F.317.45 Copy Paper 81/2x11 81.00 Delivery Service 16.22 Document Printing 4,307.70 Express Mail Services 29.10 Fax 8.00• Mileage/Travel 17.52 Photo Finish 15.07 Postage 0.37 Reimbursables Totals $4,792.43 Billing Group Total: Project Totals: *** Invoice Total *** $4,792.43 $48,992.43 BUUog Summary Emu Tott Professional Services $44,200.00 $33,150.00 $77,350.0( Reimbursable Expenses:$4,792.43 $511.43 $5,303.8( Outside Services:$0.00 $0.00 $0.0( Other Services and Fees:$0.00 $0.00 $0.0( Finance Charges:$0.00 $0.00 $0.0( Taxes:$0.00 $0.00 SOW. Total:$48,992.43 $33,661.43 $82.653.8( Constructive Ideas Planning & Preconstruction Services • Project Cost Analysis • CPM Scheduling •V Invoice Date:June 2.2003 No: 4244 To:City of Orono Date Due: 7/1/03 P. O. Box 66 CllJobNo: 03^118 Orono. MN SS323 Account No: 342 Oi/ / 901 Jefferson Avenue, Suite 300 • St. Paul, MN SS102 • (651) 225-4740 • Fax (651) 225-4741 www.constructiveideasinc.com 1 ^* *••*»»* * ^ REQUEST FOR COUNCIL ACTION JUN 2 3 2003 DATE: Juiii' l^,io8f ITEM NO: Department Approval: Neaw Ron Moorse Title City Administrator Administrator Reviewed: #i Agenda Section: City Administrator's Report Item Description: Contract for Special In^lecUon and Testing Services for the Navarre Fire Station Attached is a proposal and contract for special inspection and testing services for the Navarre Fire Station from STS Consultants. The inspection and testing services are outlined under the Scope of Services section of the proposal. The project architect is recommending, and the project manager concurs, that the proposal from STS Consultants, at a total cost of $4,SS0, be accepted, and the contract approved. COUNCIL ACTION REQUESTED: Motion to accept the proposal from STS Consultants for special inspection and testing for the Navarre Fire Station, at a cost of $4,550, and to authorize the City Administrator to sign the contract. ■ j STB CQN8UL.TANT8 STS Consultants. Ltd 1090C 73rd Avenue North. Suite 150 Maple Grove. Minnesota 55369 5547 voice fax W€b 763 315 6300 763 315 1836 WWW stsconsultants com May 28,2003 Ms. Carrie SteidI Boarman, Kroos, Vogel Group 222 North 2™* Street Minneapolis. MN 55401 Fax: 612/339-6212 Proposal for Special Inspection and Testing Services for the Navarre Fire Station Project in Orono, Minnesota: STS Proposal 11944PP Dear Ms. SteidI: In accordance with your RFP dated May 14, 2003, we are pleased to submit this proposal to you for construction testing and UBC 'Special Inspection* (SI). In this proposal, we outline the scope of testing and inspection we can provide, and present a budgetary estimate of charges and fee schedule for our services. Construction Info liiUlWl The building will be located just west of the intersection of Livingston Avenue and Rre Station Road in Orono, Minnesota. The building footprint will measure approximately 81 feet by 72 feet. Conventional spread foundations will support masonry bearing walls, a pre-cast with structural topping mezzanine level, and structural steel framing supporting a composite steel roof system. A driveway area is located to the east of the building with parking located to the south. We drilled soil borings for this project in March, 2003, and submitted our subsurface exploration and geotechnical engineering report to Mr. Gregory A. Gappa with the City of Orono on April 4, 2003 (STS Project 99043-A). In our report we discussed soil and groundwater conditions, and provided recommendations for site grading, building foundation, and subgrade preparation for pavements. Verbal authorization from Mr. Tom Kellogg of BRA indicated that we are to provide testing during site grading work for this project. This work will be provided under a separate contract under STS project 99043-B. This proposal pertains to building construction testing and SI only. Scope of Services We will assign an experienced materials technician to perform construction testing and SI for this project. The technician's work will be performed under the direct supervision of a registered professional engineer, so we comply in general accordance with ASTM E329, D3740 and Cl077. We anticipate our testing and SI will be provided on a part-time basis, coordinated through the general contractor’s site personnel. The testrg and SI we can perform for this project is outlined below. m m Observe and test foundation bearing soil prior to footing construction. Perform laboratory Proctor tests and field density tests on foundation wall backfill. Observe reinforcing steel prior to structural concrete placements. Perform slump, temperature and air entrainment testing of the fresh concrete; cast concrete test cylinders; pickup, cure and perform laboratory compressive strength testing on concrete cylinders cast in the field by STS personnel. Perform masonry special inspection on a *periodic* basis. Perfonn field and laboratory testing on masonry giout prisms. P6ll»44Pf-l.doc i ara conbuitantb Boarman. Kroos, Vogel Group STS Proposal 11944PP May 28.2003 Page 2 • Observe and test welded and bolted connections during structural steel erection. • Observe and test puddle welding and side lap fastening during metal deck installation. Reporta Our materials technicians will prepare handwritten field reports for each day they are on the site. In these reports, they will present available test results, along with comments regarding their observations. Our field reports, along with field and laboratory test data, will be submitted under transmittal cover letter weekly throughout the project. ESSi We have reviewed the project plans and specifications. Listed below, we present an estimate of charges for various phases of the work. 1. Foundation Construction - Observe and test foundation bearing soil. Obsen/e foundation rebar. Provide field and laboratory testing of concrete for 4 footing placements (4 sets of 4 concrete test cylinders). Test foundation wali backfill. - 6 trips $1,300 2. Masonry Special Insoection/Testina - Perform masonry special inspection on a periodic basis. Provide field and laboratory testing for 5 sets of 4 grout prisms. - 6 trips 3. Stab-on-Grade/ToPDino Slab Construction - Provide field and laboratory testing of concrete for 2 slab-on-grade and 1 topping stab placement (3 sets of 4 concrete test cylinders). - S trips 4. Structural Steel/Metal Deck/Pre-cast Observations - Four trips for AWS Certified Welding Inspector. 5. Engineering Supervision and Factual Reports TOTAL TESTINQ/SI ESTIMATE $1,000 $950 $800 $500 $4,550 The numbers listed above are based on an estimated number of trips, time on site, and associated tests to complete the testing for this project. We charge for our testing and SI on a unit price basis. Our final charges will be based on the actual scope of work requested and authorized, extended at the unit prices shown on the enclosed Fee Schedule. It should be noted this fee schedule is valid through December 31,2003. General Terina and CondHIona We have attached to this proposal our General Conditions and Fee Schedule which are expressly incorporated into, and are an integral part of, our contract for professional services. Please irxlicate your acceptance of this proposal by having an authorized representative of your firm execute one copy artd return it to the undersigned. If we are given verbal or written notification to proceed, without first receiving a signed copy of our proposal, it will be mutually urKierstood that both of us will, nortetheiess, be TMB iNnuareufiTuiu iMeuATtva peitM4PP-l.doc r ■TB OONBUITANTB Boarmon, Kroos, Vogel Group STS Proposal 11944PP May 28.2003 Page 3 contractually bound by the proposal, even in the absence of written acceptance by you. In any event, a signed copy of this proposal will need to be returned to STS before a written report can be submitted. Your acceptance of our proposal confirms that the terms and conditions are understood, including payment to STS Consultants. Ltd. upon receipt of the invoice, unless specifically arranged otherwise in writi^. Of course, should you wish to discuss the terms, conditions, and provisions of our proposal, we would be pleased to do so at your earliest convenience. Cleaure We look forward to working with you on this project. If you have any questions regarding this proposal, please contact us. Sincerely. STS CONSULTANTS. LTD. Steven J. Ruesink, P.E. Senior Project Engineer ^Michael T. Russell, P.E. ^ Regional Vice President*^ SJR/pb Encs.: STS Qerteral Conditions STS Fee Schedule ACCEPTED: Date Firm Authorized Signature Title 011944PP, STS Consultants, Ltd., May 2003 0 TMC IM mMrrum Immuativk Proposal for Services Terms and Conditions STS than submit involctt monthly for tarvicas parformad arxf aitpentaa Incurrad and rtot praviousfy biHad. Paymant It dua upon CUanra racaipt of kivolca. For an amounts unpaid aftar 30 days from tha invoica data, at tat forth on STS* invoica form, tha Ciant agraat to pay a financa charga of ona and ona^ialf parcant (M/2%) par month, aightaan parcant (18%) annualy Tha faaa daac rfoad in foia agraamant may ba ad|utf^ annuaty on tha annivartary data of tha affactiva data of tNs agraamant Tha CNanTt obigatfon to pay for tha aarvfcat parformad by STS undar this agraamant thal not ba raducad or in any way knpairod by or bacausa of tha CHant t inabiliey to obtain financing, xoning. appn^ of govammantal or raguiatory agancias. or any othar causa, raasons. or contingancy. ACCaFTANCC If STS is givan vaibal or writtan rtohfication to procaad. without first racaivir>g a signad copy of this Proposal for Sarvicas. H win ba mutuaRy ur>darstood that Cliani and STS wM. r>or>athaiass. ba contractually bound by thrs Proposal tor Sarvicas. avan in tha absar>ca of writtan accaptanca by Chant. A signad copy of Ihis Proposal tor Sarvicas must ba ratumad to STS bafora a writtan rapod can ba submittad StfCT It is undarslood and agraad that with raspact to Proiact sita haaith and safaty. STS is rasponstoto soialy for tha safa parlormanca by iu fiald parsonnal of thair acbviiias In partomunca of tha raquirad sarvicas. It is aigirassly agraad that STS' profa titonal sarvicas haraundar do not Involva any rasponsibility tor tha proiaction and safaty of parsons on and about tha Proiact nor is STS to raviaw tha adaquacy of )ob safaty on tha Profaci It is furthar undarstood and agraad. and not In hmiUlion of tha foragoing. that STS shal not ba in charga of. and shall hava no control or rasponstoility ovar any aspact of tha aractton. construction or usa of any scaffolds, hoists, cranas, stays, laddars. supports or othar similar machanical contrfvancas or safaty davicas as dafinad and intarpratad undar any stnictural worti act or othar statuta. ragulation or ordmanca ralatJng in any way to Proiact safaty. Cliant shaR provWa. at its ajg)ansa. factfifias and labor nacassary to afford STS fiald parsormal accass to sampling, tasting, or obsanratton locattons in contormanca with fadaral. stata. and local laws, ordtoancas and ragulation spacificaRy. Inciudmg. but not limitad to ragulations sat forth In OSHA 29 CFR 1926 STS rasarvas tha right to discard samplas immadiataly aftar tasting Upon raquast tha samplas wifl ba shippad. (shipping chargas coRactad) or storad at tha rata indicatad in tha faa schartola attachad. Stamdawd OF Care STS raprasants that it wiR perform its sarvicas urxtor this agraamant m conformarKa with tha cara and skill ordinanly axarcisad by raputabla mambars of tha prolassional angmaanng community practicing undar similar corxlitions at tha same tima in tha same or similar locality NO OTHER WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED. AT COMMON LAW OR CREATED BY STATUTE. iS EXTENDED. MADE. OR INTENDED BY THE RENDITION OF CONSULTING SERVICES OR BY FURNISHING ORAL OR WRITTEN REPORTS OF THE FINDINGS MADE. STS is not rasponstola tor supervising, dkactlng. controitog or otharwisa being in charga of the construction activitlas ai the Project site, or supanristog. directing, controlfing or otherwise being in charga of toa actyal work of tha contractor. Hs subcontractors, or othar materialman or saMca providers not engaged by STS. Hatawdous SuaSTAM fgA It ShaR ba the duty of tha Client to nabfy STS of any known or suspected hazardous substances or consMuantt which are or may ba prasant at or contiguous to tha Protect site or whch may otharwisa affect tha sanricas to ba providad Such hazardous substarcas shaR mduda. but not ba bmitad to. any substance which poses or may pose a prasant or potential hazard to human health or tha environment iMiathar coniainad m a product, matanal. by product, waste or sampla and whether it ausu in a sokd. liquid, sami* lokd or gasaoua form Tha Client shall notify STS of all such hazardous substances of which it has knowiadga or which it reasonably suspects aust upon aniaring into this agraamant Tharaaflar. (isctosura and notification to STS ShaR ba required at soon as pracbcabla upon (fiscovary of any othar hazardous substances or upon diaoovary ol increased concentrations of pravioutiy dtoctosad hazardous subatancas FoRowing disctosurt as sat forth in toe pracadtog paragraph, or if any hazardous substances or condHions are dscovarad or reasonably suspacfad by STS altar Its sarvicas are undattakan. STS may. at ns discration. tuspand its sarvicas unll raisonabla maaiuras have btan takan Tic.pfiQPOOC m at tha Client's axpansa to protect STS' amptoyaat from such hazardous substsncas or conditions. Whether or not STS suspends Hs sanricas in whols or in psft tha Cliant and STS agree that tha scope of sarvicas. laims snd conditions, schadula and tha astimatad faa or budj^ shal ba adfusted in accordance with tha disctosad mformatton or condtion. or STS may. at Rs dtocration. tarminata tha agraamanL In the event that tois a/aamant Is tarminatad pursuant to tois Section, tha CGant shaR pay STS for al sanricas rendered prior to termination and aR tennination aiqiansas A llocation of Risk IT IS AGREED THAT THE CUENTS MAXIMUM RECOVERY AGAINST STS FOR THE PROFESSIONAL SERVICES PERFORMED UNDER THIS AGREEMENT. WHETHER IN CONTRACT. TORT OR OTHERWISE. IS $25,000 OR THE AMOUNT OF STS* FEE. WHICHEVER IS GREATER IT IS EXPRESSLY AGREED THAT THE CLIENTS SOLE AND EXCLUSIVE REMEDY AGAINST STS FOR PROFESSIONAL SERVICES PERFORMED UNDER THIS AGREEMENT. WHETHER BASED IN CONTRACT. TORT OR OTHERWISE IS THE AWARD Of DAMAGES NOT TO EXCEED THE STIPULATED $25,000 RGURE. OR THE AMOUNT OF STS' FEE. WHICHEVER IS GREATER IN NO EVENT SHALL STS BE LIABLE. WHETHER IN CONTRACT. TORT OR OTHERWISE. FOR CLIENTS LOSS OF PROFITS. DELAY DAMAGES. OR FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY NATURE ARISING AT ANYTIME OR FROM ANY CAUSE WHATSOEVER PtSPUTg RZSOLUnON AM claims, ddputas. coniroversias or maitart In question arising out of. or ralattng to this agraamant or any breach thereof, mdudtog but not fimMad to dlsputaa arising out of alagad design defects, breaches of coiitract errors, omissions, or sets of profassionil nagliganca. (coRactlvaly Misputss*) shaM ba submitted to madtotion bafora and as a condKion pracadant to any other remedy. Upon writtan raquast by aithsr party to this agraamant tor madiition of any dispute. Cliant and STS shaN salact by mutual agraamant a nautm madtolor. Such salactlon shall ba made wkhin tan (10) calanctor days of lha data of racaipt by the othar party of the written request for madtotion In tha event of failura to mach tuch agraamant or In any instance whan lha salactad mediator it unable or unwilling to serve and a rapiacamani madtotor cannol ba agraad upon by Cliani and STS within ten (10) calendar days, a madtotor shall ba chosen as spaafiad in the Construction Industry fifodiation R ules of the Amari^n Arbitralion Association than in affect. If a dispute cannol ba sattlad through madtotion as sat forth above, than such disputa shal ba dacidad by arbitration in accordance with tha consLuebon Industry Arbitralion Rulat of foe Amarican Arbitration Assoctabon ihan in affact Demand tor arbilrafion shal ba made by aithaf party within ten (10) calarHfar days tofio«dngtarminabon of mactebon. Tha dale of tormmabon of medUibon shal ba tha data of wwittan rxibca of ctosing mediation proceedings issued by Ihe madator to each of tha parbas. Damarxt for aitxtrabon shall ba made by filing notica ol damarxf. in wnbng. with tha other party and tha American Arbitration Assoctabon. Tha award rendered. If any. by tha arbitratorfs) shall be final and binding on both parties and judgment may be entered upon It In accordance with appMcabla law m any court havtog jurtedtebon Nolwithftandng any other provlatona of this Section. In no avani shal a demand tor madtotion ba made more than two (2) years from tfia data tfta party making demand knew or should hava known of tha (ispuia or stx (6) years from tha data of substantial complalton of STS' partfei^bon In the Project whichavar data shal occur asrliar AN madiabon or arbrtralton shal taka place in Chicago. Itlinoto unlass Ciant and STS agree ofhanaba. Tha fees nf the madator or arbitratorts) and toi costs of transoriplton and olhar costs incurred by tha madator or arbitrator(s) shal ba spporbonad squally between lha paibas. ASSIQNS Nadhar tha ckant nor STS may datogata. aaaign. sublat or translar as dubas. raspor^sibibbas or inlarasts m this agraamant mlihoul tha xvriltan consent ol tha othar parry SEVSnABJUT Y In tha event that any provision heretn shal ba deemed mvakd or unanlorcaabia. tha other provisions haraol shal remain m M forte and effect and beidng upon toe paibaa haraio. Sunvtv4i> Al obkgabona anting prior to tha tarminailon of mis agraamant and al provliions of ttiia agraWnant aBo»lng raaponstodly or labiMy batwaan tha Ctant and STS shal surviva the oompiabon of sarvicti and the tamr^bon of 9>ii agraamant Fee Schedule Charges for technical personnel will be made for time spent in the field, in consultation, in preparation of reports and invoices. In administrating contracts and project coordination, and in traveling. 'Overtime will be charged after 6 hours per day, before 7:00 am and after 6:00 pm Mortday through Friday; or all day Saturday —technical rate x 1.25. Doubletime will be charged on Sundays or Holidays —technical rate x 2. Four hour miniinum per day. Expert Witness Testimony will be bWed at the rates shown here x 1.5. Additional laboratory tests identified in our proposal will be billed on hourly rate basis plus expenses, expendables and equipment. The cost of equipment to complete the project will be identified in our proposal. CONSTRUCTION TECHNOLOGY SERVICES T«chnical Classifications Principal Associate Senior Consultant Consultant Technical Project Staff CADD Drafter Technical Support Staff Structural Steel Technician Senior Technician* Technician* Per Hour Per Hour Per Hour Per Hour Per Hour Per Hour Per Hour Per Hour Per Hour Per Hour $ 124.00 $ 110.00 $ 92.00 $ 88.00 $ 77.00 $ 82.00 $ 45.00 $ 52.00 $ 43.00 $ 41.00 Laboratory Sarvicaa Solla and Aaar»aat99 Standard Proctor (ASTM D698) Modified Proctor (ASTM D1557) One Point Clay Preparation Sieve Analysis (ASTM Cl 36, Cl 17) 1*1/2” to #200 & wash Percent Finer than No. 200 Sieve (ASTM D1140 or Cl 17)_________ Per Test Per Test Per Test Per Test $ 90.00 $ 95.00 $ 60.00 $ 50.00 Per Test Per Test $ 68.00 $ 35.00 Compressive Strength of Concrete by Cylinders, Including Curing & Mold (ASTM C-39) Design Strength Below 8000 psi Per Test Reserve Cylinder, not tested Per Cylinder Cylinder Molds__________________ Per Mold $ 14.00 $ 7.00 $ 1.50 r.laMonrv Compressive Strength Test of Moilar Cylinders including mold Per Cylirtder Compressive Strength Test of Grout Prisms Per Prism Compressive Strength Test of CMU Prisms Per Prism Reserve Cylinders Per Cylinder Flexural Bond Strength Test of Masonry Prisms_____________________Per Prism $ 90.00 $ 14.00 $ 14.00 $ 125.00 $ 7.00 Mlimaaota2l P01 F611944PP-1.00C sre ConauKanta, Ltd. Consulting Ertgineers ^4- Foe Schorlule Sony Apolhd Fir .’Ci'i'i/ii Laboratory Density Test of Spray Applied Fireproofing Adhesion/Cohesion Test of Spray Applied Rreproofing Per Test Per Test $ 60.00 $ 35.00 BHumlnoua Pavmmnt MMuna Maximum Density, 3 cores (ASTMD1S59) Extraction for Bituminous Content (ASTM D2172) with Sieve Analysis Coring Machine Charges Generator Charges Bit Wear • Concrete Bit Wear • Bituminous Per Set $ 115.00 Per Test Per Test Per Day Per Day Per Diameter Inch Per Diameter Inch Bulk Densitvrrhickness of Bituminous Cores Per Core $ 150.00 $ 240.00 $ 72.00 $ 64.00 $ 1.25 $ 1.50 $ 28.00 Etcpen— and ExpwMlabit All Expenses to Complete the Project Mileage AN Expendables to Complete the Project Nuclear Moisture-Densify Meter Dynamic Cone Penetrometer Test Static Cone Penetrometer Test Cost-I-15% Per Mile $ 0.45 Cost-i-15% Per Hour $ 12.00 Per Week $ 300.00 Per Test $ 12.00 Per Test $ 12.00 Mfraiaeote « • • 0 . _ i P01 F61t944PP-1.00C Corwuilmg Engineers ■I JL • • •JUN 2 3 2005 REQUEST FOR COUNCIL ACTION CIIYOFORONO DATE: June 19,2003 ITEM NO: 2/3 Department Approval: Nenc Ron Moorse Title City Administrator Administrator Reviewed:M Agenda Section: City Adminisiratoi's Report Item Description: Amendment to Resolution No. 4955 Approving the Final Plat of Stonebay A RESOLUTION AMENDING RESOLUTION NO. 4955 APPROVING THE PLAT OF STONEBAY •nLE M02-2840 WHEREAS, Dahlstrom Development LLC (hereinafter "the applicant”) is the owner of the property located at 2250 West Wayzata Boulevard within the City of Orono (hereinafter "City") and legally described as; Outlot B, Willow Properties Addition, Hennepin County, Minnesota; except Parcel 201 and 201a Minnesota Department of Transportation Right ofWay Plat No. 27-57 (hereinafter “the Property”); and WHEREAS, on April 28, 2003 the City Council adopted Resolution No. 4955 granting approval of the plat of Stonebay; and WHEREAS, the applicants have requested an amendment to the requirements of the platting regulations of the City of Orono regarding Requirement US on Page 2 of Resolution No. 4955, which would enable the final plat to be filed when the City receives a letter from Mn/DOT indicating Mn/DOT’s intent to approve the reconveyance of portions of the Highway 12 right-of-way for construction of Kelley Parkway and the regional stormwater pond, rather than delaying the filing until the completion of the reconveyance. NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota does hereby amend Resolution No. 4955, Requirement #5 on Page 2 of 4 to read as follows: ‘5. Receipt of a letter from Mn/DOT indicating Mn/DOT’s intent to approve the reconveyance of portions of the Highway 12 right-of-way for construction of Kelley Parkway and the regional stormwater pond." Page 1 of 2 :L Adopted by the Orono City Council on this 9th day of June, 2003. ATfEST: 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 instnunent was executed on behalf of the City. Notary Public STATE OF MINNESOTA couhrrY 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 Ill dfhfiaiiltiTti I REQUEST FOR COUNCIL ACTION JUN 2 3 2003 CITY OF ORONO DATE: JuDC 19,2003 ITEM NO: Z I Department Approval: Naoic Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator ’s Report Item Description: Declaration of a Vacancy in the Office of Council Member -Resolution Attached is the tetter received from Jay Nygard regarding his resignation from his Council member position. Also attached is a resolution declaring a vacancy in the office of Council member. COUNCIL ACTION REQUESTED: Motion to accept the resignation of Jay Nygard from his position of Council member effective June 16,2003, and to adopt the attached resolution declaring a vacancy in the office of Council Member. A RESOLUTION DECLARING A VACANCY IN THE OFnCE OF COUNCIL MEMBER OF THE CITY OF ORONO WHEREAS, with the resignation of Jay Nygard from his position as Council Member, a vacancy has been created on the Council of the City of Orono, Minnesota effective June 16,2003. NOW, THEREFORE, BE IT RESOLVED that the City Cbuncil does hereby declare that a vacancy now exists for the office of Council Member for the City of Orono, Minnesota. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on June 23,2003. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor i ____________________ REQUEST FOR COUNCIL ACTION JUN 2 3 2003 cur OF OHONO DATE: June 19,2003 ITEM NO: Z2- Dcpartmcnt Approval: Name Ron Moorsc Title City Administrator Administrator Reviewed: Item Description: City Planner Position Ap}i6intments Agenda Section: City Administrator's Report The selection process for the City’s two Planner positions has been completed. The top two candidates are Melanie Foth and Janice Waataja. The selection process speciflcally targeted those whose interests matched the City’s philosophy of protecting its natural resources, particularly Lake Minnetonka, and those who could be diplomatic yet assertive in applying the City’s lakeshore regulations. Both candidates meet these requirements. It is recommended that both be appointed to the position of City Platmer, at the Level 4, Step 1, salary of $48,360, effective July 7,2003. COUNCIL ACTION REQUESTED: Motion to appoint Melanie Foth and Janice Waataja to the position of City Planner, at the Level 4, Step 1, salary of $48,360, effective July 7,2003. > A . ■* y " .il - ^ 'vV ■ > 'i ■ i V/' - • REQUEST FOR COUNCIL ACTION ......____-’*♦^6 JUN 2 3 2003 CtlYOhURONO Date: 06/23/03 Item No: 23 Department Approval: Administrator Reviewed: Name: Stephany Goo^^-V mr/i Title. Chief of Policc>^ U ' Agenda Section: Item Description: Approval for Safe and Sober Grant Application Exhibits: DISCUSSION The police department has an opportunity to apply for a grant for a traffic enforcement project through the State of Minnesota known as “Safe and Sober”. The proposed project involves a cooperative effort between Orono, Mound, Medina, and the Corcoran Police Departments. This grant would cover the overtime costs of officers and be administered by the City of Orono. The amount of the proposed grant is $29,000. Awards are made based on funding availability. The goal of the Safe and Sober project is to decrease crashes, injuries and fatalities due to driving conduct, through speed, seatbelt, and impaired driving (DWl) enforcement. Orono has participated in Safe and Sober for the past three years and can demonstrate a higher percentage of seat belt usage. The members of the police department believe that participation in this project will reduce personal injury accidents. The grant requires City Council approval prior to making application. A twenty percent soft match is required. (Each law enforcement agency will track and absorb time spent on grant administration, fuel and mileage expenses, etc.) If the grant is received, Sgt. Coney Famiok has requested to be the project coordinator and will administer the programming requirements. Ron Olson, Assistant Finance Director has agreed to assist with the financial requirements. COUNCIL ACTION REOI JF.STFD Motion to approve Police Department application for the Safe and Sober Grant. Lx ------- JUN 2 3 2003 REQUEST FOR COUNaL ACTION v^i 11 \jr ORONO DATE: June 19,2003 ITEM NO: 2-^ Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Cooperative Agreement vTith Mn/DOT Regarding the Deeding of Mn/DOT Right-Of-Wov to the City for the Construction of Kelley Parkway A key element of the platting of the property at the northwest quadrant of Willow Drive and Highway 12 for the Stonebay development, is the use of a portion of Mn/DOT right-of-way for the construction of Kelley Parkway. The right-of-way is currently used for the stormwater ponds north of Highway 12. The Stonebay plat reconfigures the stormwater ponds into a more linear pond, and provides the connection of Kelley Parkway to Willow Drive using the northern portion of the Mn/DOT pond right-of-way. The use of the right-of-way for the construction of Kelley Parkway requires that it be deeded to the City. Mn/DOT is rec,uiring a number of conditions to be met by the City prior to deeding the right- of-way to the City. These conditions are set out in the attached draft cooperative agreement between the City and Mn/DOT. The draft agreement is currently being reviewed by both Mn/IX)T and the City Attorney. All of the conditions are addressed by the Stonebay Plat documents and/or the Stonebay Development Agreement, so that the City is only agreeing to what the developer has already agreed to be responsible for. COUNCIL ACTION REQUESTED: Motion to approve the cooperative agreement with Mn/DOT regarding the Deeding of Mn/DOT right-of-way to the City for the construction of Kelley Parkway, subject to review by the City Attorney, and to authorize the City Administrator to sign the agreement. I Mn/DOT Contract No: _ CFMS Contract No: STATE OF MINNESOTA COOPERATIVE AGREEMENT This agreement is between the State of Minnesota, acting through its Commissioner of Transportation (hereinafter "State") and the City of Orono ("Governmental Unit"). Recitals Under Minnesota Statutes § 47 1.59, subd. 10, the Stale is empowered to engage such assistance as deemed necessary. The State is in need of access restrictions on property adjacent to Highway 12 that is being platted to enable a residential development, as well as future commercial development. The State and the City of Orono are entering into this agreement to enable a portion of a planned City frontage road to be located on what is currently Mn/DOT right-of-way. The Mn/DOT right-of-way is currently used as a part of a stormwater pond which handles drainage from Highway 12, as well as from other area properties. The stormwater pond is being replaced by a larger, more linear pond that will continue to handle all current drainage,as well as all drainage from the planned residential development and from planned commercial development adjacent to Highway 12. A key condition of the agreement is the restriction of access to and from Highway 12 to the property in the Stonebav plat that is adjacent to Highway 12. (Please see exhibit A showing the platmed residential plat and commercial outlots.) Agreement Term of Agreement 1.1 Effective date : June 23. 2003.or the date the State obtains all required signatures under Minnesota Statutes § 16C.0S, subdivision 2, whichever is later. 1.2 Expiration date: June 30, 2008, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 2 Agreement between the Parties MnDOT agrees to deed the northerly 60 feet of its pond right-of-way (sec exhibit_) to the City at no cost, subject to the use of the right-of-way by the City for a public purpose. The City agrees to the following: 1. The City will cause to be maintained bo rosponsible for the maintenance of the replacement stormwater pond shown on exhibit 2. The City will cause to be dedicated to Mn/DOT at no cost Outlots C and D gon the east and west sides of the pond, as shown on exhibit__. will be dedicated to Mn/DOT at wo eost. 3. The City will cause to be dedicated, at no cost, access control will be dedicated related to on Highway 12 along the entire length of the Stonebav Plat, and along the east and west ends of the pond, as shown on exhibit__. at no coat; 4. If the City ceases to use the right-of-way for a public use, ownership will revert to Mn/DOT. Exhibits are attached and iiKorporated into this agreement 3 Pavment The total obli^tion of the State under this agreement, in term of the expenditure of funds, will not exceed SO. The State will grant the deed in consideration of the conditions the City has agreed to fulfill. 0I/24XI3CM I- \ % A Mn/DOT Contract No: _ CFMS Contract No; 4 Authorized Representatives The State's Authorized Representative is [NAME. TITLE. ADDRESS. TELEPHONE NUMBER], or his/her successor. The Governmental Unit's Authorized Representative is Ronald J. Moorse. City Administrator. P.O. Box 66, Crystal Bay.MN 55323, 952-249-4601. 5 Assignment, Amendments, Waiver, and Contract Complete 5.1 Assignment. The Governmental Unit may neither assign nor transfer any rights or obligations under this agreement without the prior consent of the State an'* fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this agreement, or their successors in office. 5.2 Amendments. Any amendment to this agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original agreement, or their successors in office. 5.3 Waiyfer. If the State fails to enforce any provision of this agreement, that failure does not waive the provision or its right to enforce it. 5.4 Contract Complete. This agreement contains all negotiations and agreements between the State and the Governmental Unit. No other understanding regarding this agreement, whether written or oral, may be used to bind either party. 6 LiabUity The Governmental Unit will indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney ’s fees incurred by the State, arising from the peiformance of this agreement by the Governmental Unit or the Governmental Unit's agents or employees. This clause will not be construed to bar any legal remedies the Governmental Unit may have for the State's failure to fulfill its obligations under this agreement. 7 State Audits Under Minnesota Statutes § 16C.05, subd. 5, the Governmental Unit's books, records, documents, and accounting procedures and practices relevant to this agreement are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this agreement. 8 Government Data Practices The Governmental Unit and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by the State under this agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Governmental Unit under this agreement. The civil remedies of Minnesota Statutes § 13.08 apply to the release of the data referred to in this clause by either the Governmental Unit or the State. If the Governmental Unit receives a request to release the data referred to in this Clause, the Governmental Unit must immediately notify the State. The State will give the Governmental Unit instructions concerning the release of the data to the requesting party before the data is released. 9 Venue Venue for all legal proceedings arising out of this agreement, or its breach, must be in the appropriate state or federal court with constant jurisdiction in Ramsey County, Minnesota. 48 Terminntion 10.1 Terminat ion , The State or the Governmental Unit may terminate this ogreement ot«iy time^ with or without cause.-npoa 30 day s' wTitten notice to the other paity* 0I/34A)3CM i r , r Mn/DOT Gjntracl No: The State iwy inMwdi>t<ly tcnniiiaf tliia >gmnwnt if it dow wot obtain ftwdiwg from the Miiweeota Legisleftiwt or other fiindiiig eouf pet Of if funding eenwot be continued ot ■ level suiBoient to allow for the payment of the aerviaeo covered he^wT- »»ii.;:nation nniet bo by written or fan notion to the Govewunenlal Unit. The Slate ia not obligated to pay fof a.iy swvioea that are provided after notieo-and effective date of tawninationt Howaoer, the Oovemmental Unit will bo entitled to payment, datawnined on a pro fata baais, for servieea aatiafaetorily parfownad to the aatant that ftinda are available. The State will not be assessed any penalty if the agraawcHt is tarniinalad because of the decision of the Minnesota Legislatinot or other fiwding-souroe, not to appropriate fluids. The Slate must provide the Governmental Unit notieo of the lack of funding within a reasonable time of the Stata’e peeoiving that notice. [The remainder of this page has been intentionally left blank] 01/2«03CM 41 Mn/DOT Contract No: STATE ENCUMBRANCE VERIFICATION Individual ctn(fte3 thaifiutds kavt bttn tncumbtrtdoi rtquirtdbyMbumouS$Mm % 16AISmd I6C.0S. DEPARTMENT OF TRANSPORTATION By:____________________________ i Signed: Datr. Title: Date: (with delegated authority) CFMS Contract No. A< COMMISSIONER OF ADMINISTRATION GOVERNMENTAL UNIT By:_________________ By: Date: Title: Date: ATTORNEY GENERAL At to focm umI execution By: Title: Date: Date: REQUEST FOR COUNCIL ACTION JUN 2 3 2003 Cl I 'f OH OHUNO DATE: June 19.2003 ITEM NO: 25^ Department Approval: Name Lin Vee ^ TlUe City Clerk 1 Admin istratocl^viewed:Agenda Section: Licenses Item Description: List of Licenses for Councir Approval KENNEL LICENSE 1.Jim and Jennifer Matasovsky 1290 Loma Linda Avenue Mound, MN 55364 SPECIAL EVENT PERMITS 1. 2. Applicant:Sharon McGrann Event:Summer Party with music provided by DJ Location:2120 Fox Street Date:Saturday, July 26,2003 Time:6:30 p.m. - Midnight Applicant:Judy Shields/Dog Days of Summer Committee Event:Dog Days of Summer Location:Navarre Business Area Date:August 16,2003 Time:8:30 a.m. - 9:00 p.m. Attached is a letter from the Navarre Dog Days Committee requesting that the City waive the special event permit fee of $200 for the Dog Days of Summer event to be held on Saturday, August 16,2003. Also attached is a draft pemiit and supporting information regarding the £>og Days of Summer event. A number of conditions have been placed on the event which relate to parking, signage, parade, children’s activities, live music, sale of beer, and cleanup. Staff recommends approval of the special event for the Navarre Dog Days of Summer, provided all conditions of the special event permit are met. COUNCIL ACTION REQUESTED: Motion to approve/deny the request to waive the special event permit fee of $200 for the Dog Days of Summer event. Motion to approve/deny the above listed licenses. ( -----1 ?D rp/U KENNEL LICENSE APPLICATION Effective January 1,200^ to December 31,200^ QY^rneri V________________ Property Address: j'2/^OC*H/\ Lkmqa -^ iWcP^^t (include city and zip) Mailing Address (if different):___________________________ Phone: (home) ~ ^ $^5~_____(work) RESIDENTIAL Kennel License Fee: $25.00 (payment must accompany application) Maximum No. of dogs to be kept at one time:__ (over 6 months of age) Principal Breed: EtJ0>u%W Purpose for more than 2 dogs: 4/?£g>4/(^ Dogs normally kept: __ )C inside____keimel structure COMMERCIAL Kennel License Fee: $150.00 (payment must accompany application) Name of Business: Business Activities: (example: boarding, breeding, veterinary care, retail, etc.) Normal Business Hours:___________________________________ After Hours Contact: (name) (phone) Dog runs/exercise areas are:inside outside both The undersigned hereby makes application to the Orono City Council for a Kennel License as specified on this form; the undersigned acknowledges that a ketmel license is permissive only and does not grant any authority to viohte any provision of any City Ordinance or other law or regulation; the undersigned hereby grants the City permission to inspect the premises prior to license approval and at any other reasonable time during the license duration; and the undersigned agrees to abide by the requirements of Municipal Code Chapter 5.36 including any special conditions imposed by the City Council as part of any kennel license approval. Aoplicant Date tllz.T./zoil For Cin Use Only Kennel inspected by Recommends: Approwi ^ Denial Date o6//i/cos CITY OF ORONO SPECIAL EVENT PERMIT Date Issued: Date of Event: Time: June 24,2003 Saturday, July 26,2003 6:30 p.m. - 12:00 p.m. Midnight Name of Penon(s) And/or Organization Sponsoring this Event: Sharon McGrann 2120 Fox Street Orono, MN 55356 Aft Phone:952-473-5984 Location of Event: 2120 Fox Street Type of Event: Birthday party with music provided by a DJ for approximately 70 - 80 guests The foliowing documents are required and on flie at the City Administrative Offices: • Approval from Orono Police Department • Approval frt>m Orono Building and Zoning Department The following conditions have been placed on this event: • This special 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. • A noise exemption will be granted for music provided by a DJ which is played between the hours of 9:00 p.m. and 12:00 p.m. Midnight. • Noti fication of the event is to be provided to affected neighbors, including the date of the event, the hours the music will play, and a contact name and phone number for any questions or concerns regarding this event. • Parking is restricted to one side of Fox Street. Permit holder to post “No Parking” signs. Approved at City Council meeting on: June 23,2003 (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*46l6/www.cLorono.niD.ui .1* } June 3,2003 To Whom It May Concern; The Navarre Dog Days Committee would like to ask the city to waive the permit fees for our event Our event is a non-profit celebration. Any proceeds from this event go back into the Navarre improvements. Please accept an invitation to any and all city council members and employees to come and enjoy in the festivities. We appreciate the city's consideration of this matter. 1 Navarre Dog Days Comnrittee Minnetonka Realty The SignAge DVinci's The Narrows Friends and Neighbors Lakeshore Interiors Gallery Navarre Lake Minnetonka Pet Sitters Lake Minnetonka Chamber of Commerce =1 JS CITY OF ORONO SPECIAL EVENT PERMIT Date iMucd: Date of Event: June 24,2003 August 16,2003, Saturday Type of Event:Navarre Dog Dayi of Summer • Dog Days Parade -10:00 a.m. • Children’s Activities at Navarre Park • 10:00 a.m. *2:00 p.m. • Outdoor Live Entertainment and Beer Sales - 2:00 p.m. - 9:00 p.m. Time:8:30 a.m. - 9:00 p.m. Name of Perton(s) And/or Organization Sponsoring this Event: Judy Shields 4154 Shoreline Drive Spring Park, MN 55384 Phone:952-471-0033 Location of Event: Navarre Business Area The following documents are required and on file at the City Administrative Offices: • Certificate of General Liability Insurance • Site Plan • Approval from Orono Police Department • Approval from Orono Building and Zoning Department See attached for conditions that have been placed on this event Approved at City Council meeting on: June 23,2003 (City Seal) Ronald J. Moorse, City Administrator 2750 KeUey Parkway, P.O. Box 66, Cryita! Bay, MN 55323 Phone: 952-249*4600 / Fax; 952*249-4616/www.ci.orono.inaus 1i i CITY OF ORONO SPECIAL EVENT PERMIT A The following conditions have been placed on the Navarre Dog Days of Summer event: • This special event permit is subject to immediate revocation by the Orono Police Department upon violation of any City Ordinances, alcohol violations, or identification of hazards to safety of the public. • Public event parking limited to Navarre Municipal Parking Lot. All vehicles to be legally parked; illegally parked vehicles may be towed. • Lyric Avenue should be closed at the west end of the park on Lyric (two barricades). Contact Greg Gappa at 952-249-4600 to schedule drop-off and pick-up of barricades. Lyric Avenue should be posted at Navarre Avenue with another barricade and have a sign stating "No Event Parking Beyond - Local Traffic Only - Tow Zone”. • Signage to be allowed as follows: » Two signs to be located on private property only at the intersections of County Roads 15 and 19; must have property owner's permission. » Signs to be placed low and so as not to impact traffic visibility; relocation of signs will be required if City concludes any hazards to traffic exist. ► Size not to e.xceed 10 squair feet. » Signs may be posted no more than 10 days pnor to the event. ► Permit holder is responsible for removing all signs at the end of the event. • Parade route tor participants and their pets will be from the Navarre Park to D'Vinci’s with a turnaround and back to the Navarre Park; route will cross Lyric Avenue and follow sidewalks along County Roads 19 and 15. Participants to stay on sidewalk during the parade. • Children's activities will take place in the Navarre Park from approximately 10:00 a.m. to 2:00 p.m. • Live music to be allowed from 2:00 p.m. - 9:00 p.m. only in the fenced area on the property behind the Narrows Saloon. ► Any speakers set up are to be pointed away from the neighborhood to the North and West of the Navarre lot. The speakers should be pointed toward the County Road 15 and County Road 19 area. • Portable outhouses must be provided for the group expected. These must be placed so as to not be in close proximity to the food/beverage service area. A minimum of two units with hand washing facilities are to be provided. • Temporary outdoor sales of beer to be allowed only in the fenced area on the property behind the Narrows Saloon on the day of the event with the following restrictions: *■ Outdoor beer sales and possession allowed only between Ute hours of 2:00 p.m. and 8:00 p.m., which is one hour before the end of the event, in the fenced area. ► Access to outdoor beer area to be controlled and accessed only through the bar area or fence entrance. Private security shall be provided by the Narrows Saloon to monitor alcohol sales. Ibis will include: » Being sure all sales and consumption occur in the fenced area; people cannot walk off freely with drink in-hand. » No liquor is brought in by private parties. » Liquor sales are made only to persons 21 and over in age. » Any minors must be accompanied by a parent in the liquor aieas. * No sales to intoxicated persons. 2750 Kelley Parkway, P.O. Box 66, Cryilal Bay, MN 55323 Phone: 952-249-4600 / Fax: 952-249-4616/www.ci.orono.iiiii.us ;; 4 A' 1 i m4 CITY OF ORONO SPECIAL EVENT PERMIT Conditioos for Navarre Dog Days of Summer - Continued ► ID’S to be checked with an “under 35 years of age" standard. One person must be assigned to check ID's of people entering the bar area. ► Alternative non-alcoholic beverages must be available, including water. * Servers and managers of the liquor operation are not allowed to drink alcoholic beverage before the event or while working at the event. The servers and managers arc to be aware of the Responsible Beverage Service guidelines and Alcohol Compliance Checks. By accepting the permit, the liquor managers are agreeing that this condition is met. ► The name and phone numbers of the liquor manager and assistant manager need to be readily available at the business so that they may be contacted immediately with any liquor-related problem that may occur. At least one manager must be on site at all times liquor is sold. • Any food vendor must have a valid Hennepin County Health Department food service license. The license must be displayed and visible to the public. • The Narrows Saloon to provide insurance to cover outdoor activities and Dram Shop coverage to include outdoor activities. City to be notified if insurance is changed or cancelled prior to event. • Notice given to all area residents regarding the event activties, hours, live music, and opportunity to voice concerns with the City. • Written consent of all properly owners in the area, including Rick’s Super Value, Navarre Liquors, Champion Aulc, Liza Jane’s, Minnetonka Mud, Citgo, True Value, American Family, Lake Shore Interior, Friends and Neighbors, D’Vinci’s, Gallery Navame, Westonka Glass, Courtland Management and Marcel Dittrich. • The Police Department will notify North Memorial to be aware of the event in the scheduling of ambulance service for that day. • Letter from Dog Da>-s Committee outlining the charitable nature of the event and indicating how the proceeds of the event are to be distributed. • Cleanup after the event to include the neighborhood as well as the parking lot area. Arrangements must be made to have all garbage removed by the next business day. Provide the name and phone number of resnonsible parties. • Contact Sergeant Kurt Erickson at 952-249-4700 of the Orono Police Department to determine if police reserves are available or to discuss the use of “off duty” officers. 2750 Kelley Parkway. P.O. Box 66, Crystal Bay, MN 55323 Phone: 952-249-4600 / Fax: 952-249-4616 / www.cioronojnn.us Large Assembly Permit/ Special Event Permit Application City of Orono 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 Fee: S200.00 Date Received: Objective: To ensure the health, safety and welfare of the community. Large Assembly involving more than 300 people at one time *•:. □ Gathering, or projected gathering, of more than 300 persons at one time and at a single location Type of Special Event involving more than 200 people at one time (check all that apply) □ □ □ □ □ □ Activity which generates parking needs for more than 20 vehicles off site Block Party Carnival Circus Commercial/movie shoot Fishing Contest Hot Air Balloon Event □ □ □ □ □ □ □ Live Music - Noise Exemption Marathon Event Parachute Jump Parade of Homes/Home Tours Street Parade Theatrical performance or exhibits Use of Public Property Applicant Information ___________________' ______ Event Coordinator ^VMrlc-V^ Address City, State. Zip: Phone - CO^ Y Organization (if applicable) / i\ Address_______________________ City, State, Zip: Plione______ Event Details____________________________ Location: __K\a c-A^go — D'tJcfs): ------------------------------- Hours: ~ Q'-bo __C Brief Description of •ilveiil: —Wg. <■ rriig ‘% t Vv«"/ \\<^VAcr Use additional paper if necessar>'. / am aware of all applicaole State and other laws regarding shows and large assemblies and/or parades and special events and will abide by same I also agree ' ■» hold the City of Orono harmless from all liabilities that may arise airectly or indirectly from the parade or special event approved by the granting of this permit. I understand some events may require off-duty or reserve officers and a fee may be required for these services. In addition, applicant agrees to pay actual costs up to 51,500 for processing of application J r i^- •V.?; '■ V.'K • -A' V •'t .'*> ' 'i^ ,v >• .• SITE PLAN FOR NAVARRE DOG DAYS OF SUMMER - AUG. 16,2003 CITY BARRICADE I ENTRANCE Mil NAVARRE'S DOG DAYS OF SUIMiER AUGUST 16. 2003 The enclosed information outlines the details and description for Navarre's Dog Days of Summer event scheduled for August 16,2003. The calendar of events on Saturday will include the folikiwlng: Dog Days Parade—participants to bring their pets Kids Activities at the park Merchant sales Live entertainment To be located behind The Narrows Saloon Scheduled time is: 11 ;30 a m. - 9:00 p.m. • Beer and bottled water will be served wittiin this timeframe • Kids Band/Magic Show scheduled from 11:30-1:00 • Main Event 2:00 - 9:00 • Food will also be available within this timeframe We “estimate’' the attendance fc>r this event between 200-300 people (maximum) throughout the 7-hour period. We based this estimate on last year's event and similar Twin Cities events that draw this attendance. The site plan is enclosed and outlines the fenced areas and the entrances and exits (includes the back entrance at The Narrows Saloon). ID will be checked at these points and some form of status will be provided for “of age* participants (i.e. wristbands/handstamp). This will ensure the sale of beer to the appropriate individuals. The site plan also shows the placement of the beer trailer. Hard liquor will not be served or consumed in the fenced area. Parking in the public lot will allow more than enough space as we are counting at least 93 spaces in the public lot and an additional 7 at the minimum in the private lots (including I stirff Tni» ValuA DVinci's. behind Lakeshore interiors' buildino in the BpaCOO in me puuilw IWl aiiu an ................ ^-------------V Daghmer*s Unique Stuff. True Value. DVinci ’s. behind Lakeshore Interiors' building In the back, and on Shoreline Drive). The route for this event will be exits In and out of the parking lot off Lyric from 19 and off of Shoreline Drive by DVinci ’s. Through traffic will be blocked on Lyric at the SW side of the park at the commencement of the day and continue through 8:30 PM. Last year the city provided the blockade. It is assumed that this will occur again this year. Enclosed is the necessary Certificate of General Liability Insurance naming the city and its agents as additional Insureds, for your review. In addition. The Narrows will be responsible for notifying the City if insurance is cancelled. The Narrows Dram Shop coverage will extend to event sates. Included In permit submittal is a copy of a letter that is being delivered to neighbors on Lyric. Livingston. Navarre Avenue notifying them of the event. Please ca:i Judy Shields. Minnetonka Realty, at 471-(X)33 with questions. We thank you, again, for your support of Navarre and the upcoming Dog Days. • • - • I DMr Neighbor, Tlw city of Navarro ia planning tha 4th Annual Dog Daya of Summer avent Tho avant will include a variety of activitiaa. The fdllowing ia a propoaed calendar of event for Saturday, Auguat, 16*". Dog Daya Parade in the park in the morning (time to be announced)— bring your fiiny frienda to Join In the fun Fun activitiea for the kida • Navarre merchant apeciala, aaiea, drawinga, etc • Main event with live entertainment from 11p.m.« 9 p.m. $8 contribution after 2:00pm. Proceeda to go to Navarre Improvement Fund. Thiawill alao include beer aaiea. Pleaaa be aware that thia event will be on tha agenda for final approval at the June 16*" City meeting. If you have any queationa or you are interested In volunteering, pleaae contact Judy Shielda, Daghmer*a Unique Stuff, 471-3033, Aliaa Raahid, The Sign Age, 471-9304. ■ Date: 06/16/03 To: Lin Vee From: Kurt Erickson Ref: Navarre Day’s Special Event Permit I have reviewed the attached permit application. I havr some concerns and recommendations for the permit. There are considerations that need to be made in permitting the use of public property, selling of beer outdoors, noise exemption, and if dancing will be allowed a dance permit. 1 believe this can all be rolled into one permit, but these items need to be considered in doing so. In these type of events it would be normal to have an “off duty” officer working at the event for general security reasons and to monitor the event. We normally charge S6S per hour for this service. This is the labor rate the city pays for overtime and billing costs. I don’t know if the Council would consider authorizing an officer to work this as a contribution to the community event or if there w'ould be interest in waiving the officer presence. Given the time of day and the community natu e of the event I would be comfortable in not requiring a full time officer be present and setting up with our reserve officers to staff the event. A contribution to the reserve hind would be a nice gesture from the group if they felt inclined to make one if the reserve’s are used. Minnesota Statute 340A.404(4)-B does permit the city to issue a permit for outdoor sales of alcohol. This is for charitable events. I believe we should get a letter from the group outlining the charitable nature of the event and how they plan on giving the money away. At least 51% of funds would have to go to charitable cause. The issue of insurance ccntcs to mind. With the City permitting, do we incur liability that needs to be addressed by requiring the City to be a named insured with provision that the policy can ’t be canceled without the City being notified in advance. 1 would have concerns with general liability and liquor liability with Dram Shop ramifications. Minnesota Statute 340A.409 may give some guidance to this subject. Any insurance provisions should be approved by the City Attorney. Any adjoining property owners should also be covered for any event sponsored problem. All merchants / property owners in the area need to approve of the event. This should include Rick’s Super Value, Navarre Liquors, Champion Auto, Liza Jane ’s, Minnetonka Mud, Citgo, True Value, American Family, Lake Shore Interior, Friends and Neighbors, D’Vinci’s, Qallciy Navarre, Westonka Glass, Courtland Management and Marcel Dittrich. A general letter explaining the event and signed by each business and submitted to the City would be acceptable to verify that they all know of and agree with the plan. Lyric AVE should be closed at the west end of the park on Lyric (two barricades). The city can provide barricade's for this but Greg Gappa should be notified to schedule the drop off and pick up. Lyric should be posted at Navarre AVE with another barricade and have a sign stating “NO EVENT PARKING BEYOND - LOCAL TRAFFIC ONLY - TOW ZONE” Any food vendor must have a valid Hennepin County Health Department food service license. The license must be displayed and visible to the public. There must be a statement as to who is going to be responsible for the clean up and provide phone numbers to reach the named parties. Arrangements must be made to have ail garbage removed by the next business day. The police department will notify North Memorial to be aware cTthe event in the scheduling of ambulance service for that day. Any speakers set up are to be pointed away from the neighborhood to the North and West of the Navarre lot. The speakers should be pointed toward the CO RD 15 and CO RD 19 area. Portable outhouses must be provided for the group expected. These must be placed so as to not be in close proximity to the food / beverage serv'ice area. A minimum of two units with hand washing facilities are to be provided. Free water must be available to the public for drinking. Cups must be available. Disposal facilities for the used cups must be in proximity to the water source. Violations of the te r$ set forth in the permit, will result in revocation of the permit, by the police, if after notify ing the event coordinators corrective actions are not under taken to correct the problem. The exception to this will be failing an alcohol compliance check which will result in immediate revocation of the permit. Private security shall be provided by the Narrows Saloon to monitor alcohol sales. 1 his will ^ include being sure all sales and consumption occur in the fenced area, no liquor is brought in by private parties, liquor sales are made only to persons 21 and over in age, ID will be checked on anyone appearing to be 30 years old or younger, any minors must be accompanied by a parent in the liquor area’s, outdoor alcohol sales are to end by 8 PM which is one hour before the end of the event, and there is to be no sales to intoxicated persons. All alcohol servers and managers need to be aware that alcohol compliance checks can be conducted and the consequence of a failure is the immediate revocation of the permit. To be sure on the age, only current legal ID consisting of a driver license, stale ID card, military ID or passport can be accepted. Servers and managers of the liquor operation are not allowed to drink alcoholic beverage before the event or while working at the event. The serv’ers and managers are to be aware of Responsible Beverage Service guidelines and Alcohol Compliance Checks. By accepting the permit the liquor managers are agreeing that this condition is meet. The name and phone numbers of the liquor manager and assistant manager need to be readily available at the business so that they may be contacted immediately with any liquor related problem that may come up. At least one manager must be on site at all times liquor is sold. The permit must state hours of operation. Music is to end by 9 PM. Alcohol sales outdoors are to end by 8 PM. If there is to be no dancing the permit must state “no dancing". The outdoor sales of alcohol are to not begin before 2PM. This permit is good for Saturday August 16,2003 only. i J ! !.. I j r. CITY OF ORONO check register 7L> Orv__________ JUN 2 3 2003 CIIVUhORONO 06/10A)31:50PM Pagel Chack Pay N^bar Employ aa Nama^ Parted 0S2911 DODGE. KACHEL M. 12 052912 LESKINEN. DENISE M. 12 052913 MOORSE. RONALD J 12 052914 SILUS. BARBARA O. 12 052915 VEE. LINDAS. 12 052916 KUEHN. THOP^S M 12 052917 OLSON. RONALD J 12 052918 PETTIT. SANDRA K. 12 052919 ANDERSON. BRUCE L. 12 052920 ARNESON. JOSHUA A. 12 052921 BOBZIEN. SUE A. 12 052922 BORIS. SCOTT W. 12 052923 BUDIG. STACIE M 12 052924 CARLSON. MICHAEL B. 12 052925 CORNICK. JAMES L. 12 052927 VOID 12 052926 DEMBOUSKI. JAY C 12 052970 ERICKSON. KURT R 12 052928 FARNIOK. CORREY L 12 052929 FiSCHENICH.DANT. 12 052930 FISCHER. CHRISTOPHER K 12 052931 GOOD. STEPHANY R. 12 052932 JOHNSON, JEFFREY 12 052933 MADSON. ADRIENNE M. 12 052934 MCNICHOLS. DAVID L. 12 052935 PERSELL. WILLIAM R. 12 052936 RUSSETH. KYLE M. 12 052937 SCHOENHOFF. JOHN B. 12 052938 THEISEN. PAULA. 12 052939 TOMCHECK. LAWRENCE F. 12 052940 TOMCZYK. MARK W. 12 052941 WITTKE. ANTHONY A 12 052942 HERMAN. JOHN R. 12 052943 LEE. JOSEPH P. 12 052944 BOLTERMAN. MATTHEW A 12 052945 GAFFRON. MICHAEL P. 12 052946 GAPPA. GREGORY A 12 052947 MEYER. WILLIAM C 12 052948 OMAN. LYLE E 12 052949 VANG. BRUCE L 12 052950 BRINKHAUS. JOHN F. 12 052951 DEBAERE. DONALD L. 12 052952 GREGORY. JAMES D. 12 052953 HANSEN. STEVEN 12 052954 OBERAIGNER. SCOTT G. 12 052955 OBRIEN. RANDY L 12 052956 PALMER. GREGORY A 12 052957 RATHBUN. BARRY J 12 052958 SKREEN. DALE S. 12 052959 ABRAHAMSON.FREDW. 12 052960 JENSEN. RODNEY W 12 052961 MARSELLA DAN G 12 052962 MCINTYRE. WIUIA^4 L 12 052963 OAS. DANIEL O. 12 052964 PEICKERT. GARY J. 12 052965 POLLEY. MIKE A 12 052966 ROSS. JOHN A 12 052967 SMYTH. KATHERINE R. 12 052968 STEFFENHAOEN. RONALD 12 Cliack Amount $1,031 08 $864 60 $8592 $462.47 $1.243 61 $1,037.77 $113 82 $48357 $679.13 $97865 $783.18 $1,562.41 $614.13 $649.93 $1.846 37 $0 00 $2,369.11 $2.43947 $2.435 95 $1.498 05 $223.83 $1,941.39 $1,509 59 $689.68 $632 90 $634 02 $1.16574 $1.71678 $287.28 $393.78 $1.549 73 $1,447.47 $859 23 $20942 $1.098 45 $1.41939 $1.810 96 $677 09 $21255 $1,409 33 $1.386 03 $1,029 22 $1.004 00 $1.057 79 $898 44 $973.12 $74101 $1.322 88 $1,103.12 $22949 $267.71 $322 84 $246.99 $281.35 $416.73 $138.76 $11586 147.17 11.377.35 Chack Data Chack State 6/11/03 Outstanding 6/11/03 Outstanding 6/11/03 Outstanding 6/11/03 Outstanding 6/11/03 Outstanding 6/11/03 Outstanding 6/11/03 Outstanding 6/11/03 Outstanding 6/11/03 Outstanding 6/11/03 Outstanding 6/11/03 Outstanding 6/11/03 Outstanding 6/11/03 Outstanding 6/11/03 Outstanding 6/11/03 Outstanding 6/11/03 Void 6/11/03 Outstanding 6/11/03 Outstanding 6/11/03 Outstanding 6/11/03 Outstanding 6/11/03 Outstanding 6/11/03 OutsUnding 6/1 i/03 Outstanding 6/11/03 Outstanding 6/11/03 Outstanding 6/11/03 Outstanding 6/11/03 Outstanding 6/11/03 Outstanding 6/11/03 Outstanding 6/11/03 Outstanding 6/11/03 Outstanding 6/11/03 Outstanding 6/11/03 Outstanding 6/11/03 Outstanefing 6/11/03 Outstanding 6/11/03 Outstanding 6/11/03 Outstanding 6/11/03 Outstanding 6/11/03 Outstanding 6/11A)3 Outstanding 6/11/03 Outstanding 6/11/03 Outstanding 6/11/03 Outstanding 6/11/03 Outstanding 6/11/03 Outstanding 6/11/03 Outstanding 6/11/03 Outstanding 6/11/03 Outstanding 6/11/03 Outstanding 6/11/03 Outstanding 6/11/03 Outstanding 6/11/03 Outstanding 6/11/03 OulatandinQ 6/11/03 Outatandkig 6/11/03 Outstandkig 6/11/03 Outstandkig 6/11/03 Outstanding 6/11/03 Outstanding 6/11/03 Outatandkig L n * CITY OF ORONO ch«ck ragister 09/KVD3 1.S0PM Pago2 Cliock Numbof Empioy— Namt 052969 STORK. JOHN T. Pay Hk 12 Chack Amount Chack Data Chack SMi» I. ' $23^76 $54,263.45 6/11/03 OuWatidIng J CITY OF ORONO *Check Detail Register® 06/20/03 9:28 AM Pcgel • • Fund Summary 101 GENERAL FUND 10100 Primary Cash $51.446 64 $51.44664 JUNE 2003 Check Amt Invoice Comment 10100 PrlmafyCssh Paid Chk« 076076 6/11/2003 CITY COUNTY CREDIT UNION G 101-21711Credit Union $10.685 00 SAVINGS W/H & TRANSFERRED ToUl CITY COUNTY CREDIT UNION $10,665.00 Paid Chk# 076078 6/11/2003 FIRST NATIONAL BANK OF LAKES G 101-21701Federal Withholding $9,490.29 FEDERAL W/H G 101-21703FICA Tax Withholding $4.523 87 FICA & MEDICARE W/H G 101-21703FiCA Tax Withholding $4,523.87 FICA 6 MEDCR CITY SHARE ToUl FIRST NATIONAL BANK OF LAKES S18.538 03 Paid ChW 076079 6/11/2003 ICMA RETIREMENT TRUST - 487 G 101-21705Other Retirement $300.00 DEFERRED COMP Tout ICMA RETIREMENT TRUST-467 $300.00 Paid Chk* 076080 6/11/2003 LAW ENFORCMENT LABOR SERVICE G 101-21707Union Dues $0 00 UNION DUES ToUl LAW ENFORCMENT LABOR SERVICE $0.00 Paid Chk# 076081 6/11/2003 MN DEPT OF REVENUE G101-21702SUta Withhoidins $4.16421 STATE TAX W/H ToUl MN DEPT OF REVENUE $4.164 21 i’aidChk# 07^682 6/11/2003 NATIONWIDE RETIREMENT SOLUTION G 101-21705Other Retirement $2,337 00 USCM • ENTITY 2339 G 101-21705Other Retirement $174.15 OBRA DEFERRED COMP ToUl NATIONWIDE RETIREMENT SOLUTION $2,511.15 Paid Chk« 076083 6/11/2003 ORCHARD TRUST CO. TRUSTEE/CUST G 101-21705Other Retirement $2.78968 MN STATE RETIREMENT Tout ORCHARD TRUST CO. TRUSTEE/CUST $2.78968 Paid Chk* 076084 6/11/2003 PUBUC EMPLOYEES RETIREMENT G 101-21704PERA $6.889 05 PERA CITY SHARE G 101-21704PERA $5,319.90 PERA EMPLOYEE W/H Total PUBLIC EMPLOYEES RETIREMENT $12.208 95 i^atd Chk* 076085 6/11/2003 UNITED WAY G 101-?*708United Way $6500 CHARITY DONATIONS Total UNITED WAY $65 00 Paid Chk* 07^086 6/11/2003 WISCONSIN SCTF G 101-21712Other Deductions $184.62 JOHNSON #0002756898 Total WISCONSIN SCTF $184 62 10100 Primary Cash $51.446 64 .V ' CITY OF ORONO *Check Detail Register® 06/20/03 9 29 AM Page 1 JUNE 2003 Check Amt Irivotee Comnient 10100 PrtmaryCath Paid Chk# 075995 5/27/2003 10.000 LAKES CHAPTER E 101-42400^37 Training & Development ($60.00) June 1903 Void Check 75995 Total 10.000 LAKES CHAPTER ($60.00) Paid Chki 076006 5/27/2003 CARLSON EQUIPMENT E 101-43000-221 Equipment Parti & Acoettorlei ($3 04) 2009672 backhoe plugs Total CARLSON EQUIPMENT (f:3.04) Paid Chki 076027 5/27^3 GOVERNMENT TRAINING SERVICE E 101-42400-437 Training & Development ($125.00) June 18.2003 Total GOVERNMENT TRAINING SERVICE Void Check 76027 ($125.00) Paid Chlci 076067 6/12^3 DEPUTY REGISTRAR O 602-16500 Fixed Asset-Const in progress ToUl DEPUTY REGISTRAR $1,797.53 2003Chev Tax/Plates #712 $1,797.53 Paid Chk# 076089 6/12/2003 DEPUTY REGISTRAR E 101-42110-441 Licenses & Taxes Total DEPUTY REGISTRAR $12.50 Chief Plates - Chiefs Car $12.50 Paid Chk# 076090 ^3/2003 A. J. GALLAGHER S CO OF MN. INC E 101-41900-370 E 613-49830-370 E 601-49400-370 E 602-49450-370 E 101-42110-370 Total A.J. Insurance Agent of Record Insurance Agent of Record Insurance Agent of Record Insurance Agent of Record Insurance Agent of Record GALLAGHER A CO OF MN. INC $550.00 $7500 $80.00 $18500 $91000 108285 108285 108285 108285 108285 3rd Qtr Ins Agent Fee 3rd Qtr Ins Agent Fee 3rd Qtr Ins Agent Fee 3rd Qtr Ins Agent Fee 3rd Qtr Ins Agent Fee $1.800 00 Paid Chk# 076091 6/23/2003 AMERICAN CREDIT CARD SERVICE E 613-49630-240 Small Toots and Minor Equip $565 38 Equipment Credit Card Equipment Total AMERICAN CREDIT CARD SERVICE $56538 Paid Chk# 076092 6/23/2003 ANCHOR PAPER E 101-41900-201 Omce supplies Total ANCHOR PAPER $52069 14S9SS201 $52089 Copypapef Paid Chk# 076093 6/23/2003 AUGIES MOBILE CHEF b 013-49900-093 Concessions For Resale-Txbl Total AUGIES MOBILE CHEF $4326 17249 $4326 Hot Dogs. Cheeseburgers i^aid Chki 076094 6/23/2003 BEACK. SCOTT E 613.499OO-O95 Pro Shop Itarrts For Ratala Total BEACK, SCOTT $217.50 647012 $217.50 Golf BaMs Paid Chk# 076095 6/23/2003 ^Fl OF MINNESOTA. INC E 101-45200-403 Repairs/Maint-Misc Equip E 101-45200-403 Repairs/Maint-Misc Equip E 101-41900-489 Other Miscekaneous Charges E 613-49830-489 Other MisceSaneous Charges Total BFI OF MINNESOTA. INC $78 90 1307115 $6576 1307214 $251.17 1307420 $7233 1307461 $466.15 Solid Waste - Bederwood Solid Waste • Summit Solid Waste-CH Solid Waste-GC Paid Chk# 076096 6/23/2003 BOBZIEN. SUE E 101-42110-221 Equipment Parts & Accessories Total BOBZIENaSUE $2661 6/16«)3 $26 61 CoBm Pot-36 Cup 6/23/2003 BRYAN ROCK PRODUCTS INC. CITY OF ORONO *Check Detail Register® 06/20/03 9 29 AM Page 2 JUNE 2003 Check Amt Invoice Comment E 101-43000-224Street Maint Materials/Supply $699.99 10065 Rip Rap Rock Tout BRYAN ROCK PRODUCTS INC.$699.99 Paid Chk* 076098 6/23/2003 BUDGET PRINTING E 101-41900-201Office supplies $298 20 26625 Tabs, Covers E 101-42110-201Office supplies $28.75 26647 Stamp Xonfidentiar E 101-42110-201Office supplies $254.53 26687 Color Copies-Aicohol Tming E 101-42110-322Postage $7.66 26832 Shipping to BCA E 101-41900-201Office supplies $31.56 26880 Stop Work Labels Total BUDGET PRINTING $620 90 PaidChki 076099 6/23/2003 BUREAU OF ATF E 613-49830-441Licenses 6 Taxes $250.00 41-6008585 2004 Special Tax ToUl BUREAU OF ATF $250 00 PaidChk# 076100 6/23/2003 E 101 -43000-221 Equipment Parts & Accessories Total CHAMPION AUTO STORES $6.18 D201011 Grease Fittings $6.18 PaidChk# 076101 6/23/2003 CHUNKS LAKESHORE AUTO E 101-43000-403 Repairs/Maint-Misc Equip $728 66 23945 Total CHUNKS LAKESHORE AUTO $728 66 Charge Condenser PaidChk# 076102 6/23/2003 COLLISION CORNER E 101-42110-550 Automotive Equipment Tout COLLISION CORNER $2,04/ 75 4682-1 $2,047.75 Paint Sqd 188 - Unmarked PaidChk# 076103 6/23/2003 CONSTRUCTION BULLETIN E 425.4S945-340 General Advertising ToUl CONSTRUCTION BULLETIN $285 74 2331560 $285.74 Navarre Fire Adv for Bids Paid Chk# 076104 6/23/2003 CORNICK, JAMES E 101-42110-226 Clothing & personal equipment Tout CORNICK. JAMES $300 00 6/11/03 $300 00 Uniforms Paid Chk# 076105 6/23/2003 CULLIGAN E 613-49830-403 Repairs/Maint-Misc. Equip Tout CULLIGAN $14 00 75693 $14.00 Softener Servloe Paid Chk# 076106 6/23/2003 DAY DISTRIBUTING CO. E613-4990(M)9t Beer For Resale ToUl DAY DISTRIBUTING CO. $48 80 221790 $48.80 Beer for Resale Paid Chk# 076107 6/23/2003 DCA • WIRE ONLY G 101-21719DCA/Spending Accounts Tout DCA-WIRE ONLY $1.041 04 6/10A)3 $1,041.04 Spend Accts 6/11/03 PaidChk# 076108 6/23/2003 E J MAYERS INC G 602-16500 G 602-20600 G 602-20600 G 602-16500 Fixed Asset-Const In progress Contracts Payable Contracts Payable Fixed Asset-Const, in progress Tout EJ MAYERS INC $39.539 70 RFP#1 ($1,976 98) RFP#1 ($431 25) RFP#1 $8,625 0^RFP#1 $45.756 47 RFP#1 North LL Swr Ext RFP#1 North LL Swr Ext RFP#1 Heritage Dr Swr Ext RFP#1 Heritage Dr Swr Ext 'PiidChK# 078109 6/23/2003 E-ZRECYCUNO E 101-43270-316 Contract Recycling Pickup $6.409 20 5232 Recydir>g 8/2003 CITY OF ORONO Check Detail Register® 06/20/03 9 29 AM Page 3 JUNE 2003 Check Amt Invoice Comment Total E-Z RECYCLING $6,409 20 Paid Chk« 076110 6/23/2003 EGAN MCKAY ELECTRICAL CONTRCTR E 101-43000^08 Contracted Street Maint. $287.50 JC3010501 Total EGAN-MCKAY ELECTRICAL CONTRCTR $287.50 Replace Bulbs-12/Wil 12/OCB PaidChki 076111 6/23/2003 ESS BROTHERS « SONS E 602-49450-227 Utility System Maint. Supplies Total ESS BROTHERS S SONS $32376 FF1977 $323 76 riser rings Paid Chk# 076112 6/23/2003 EXCELSIOR. CITY OF E 101 -41500-437 Training & Development E 101-41300-437 Training & Development Total EXCELSIOR. CITY OF l>aidChk« 076113 $3000 Pettit $^0 00 Vee soo'oo MCFOA MEETING MCFOA MEETING 6/23/2003 EXPERIAN E 101-42110-201 Office supplies Tout EXPERIAN $299.95 316104 $299"9S Cote reverse Directory Paid Chk# 076M1 6/23/2003 F F JtOLICKI INC G 425-20600 Contracts Payable E 425-48945-591 Sewer/Water Utility Const E 425-48945-530 Other Improvements E 425-48945-591 Sewer/Water Utility Const E 425-48945-592 Storm Sewer Utility Const Total FFJEOLICKMNC ($10,312 5*) RFP#2 $9,501 00 RFP«2 $127.974 27 RFP#2 $54 902 00 RFP#2 $13.873 00 RFP#2 $195.93776 RFP#2 Nav Fire RFP«2 Nav Fire RFP#2 Nav Fire RFP#2 Nav Fire RFP#2 Nav Fire Paid Chidl 076115 6/23/2003 FARNIOK. CORREY E 101-42110-437 Training & Development $4915 6/7/03 Meals - Training Tout FARNIOK. CORREY $4915 Paid Chk# 076116 6/23/2003 G A K SERVICES E 101-43000-226 E 602-49450-226 E 601-49400-226 E 613-49830-226 E 101-43000-221 E 601-49400-226 E 101-41900-404 E 602-49450-226 E 613-49830-226 E 101-43000-226 E 101-42110-404 E 101-41900-404 E 101-41900-404 Clothing & personal equipment Clothing & personal equipment Clothing & personal equipment Clothing & personal equipment Equipment Parts & Accessories Clothing & personal equipment Repairs/Maint-Bldgs/Grounds Clothing & personal equipment Clothing & personal equipment Clothing & personal equipment Repairs/Maint-Bldgs/Grounds Repairs/Maint-Bldgs/Grounds Repairs/Maint-Bldgs/Grounds Total GAKSERVICES $69 09 $34 56 $11 52 $549 $4997 $11 90 $8976 $35 70 $549 $71.35 $131.95 $5279 %ST79 $622.36 598255 598255 598255 598255 598255 604959 604959 604959 604959 604959 604960 604961 604962 Uniforms Uniroms Uniforms Uniforms Shop Towels Uniforms Mat Servioi Uniforms Uniforms Uniforms Mat Servioa - PD Mat Service • Adm Mat Servioi • CC Paid Chk# 076117 6/23/2003 GENUINE PARTS CO. E 101-43000-221 Equipment Parts A Acoassones E 613-49830-221 Equipment Parts & Accessories E 101-45200-221 Equipment Parts A Accessories E 613-49830-221 Equipment Parts A Accessories E 101 -43000-240 Smafl Tools and Minor Equip E 101-43000-221 Equipment Parts A Accessories E 101-43000-224 Street Maint Materials/Supply E 101-43000-221 Equipment Parts A Accessories $16 07 742855 Oil filter $20 02 743673 grease $51 19 744306 dock cable ties $17.03 744310 switch $8 83 745110 parts beckhoe $11 54 745277 fuse's $1458 745393 cabiities $57 66 745697 !iolenokl CITY OF ORONO *Check Detail Register® 06/20/03 929 AM Page4 JUNE 2003 Check Amt Invoice Comment E 101-42110-221 Equipment Parts & Acoeuories E 101-42110-221 Equipment Parts & Accessories Total GENUINE PARTS CO. $13.14 746839 $1 80 748923 Adapter. Cabfe Tie Bute $211 88 Paid Ch>« 078118 6/23/2003 GOPHER STATE ONE-CALL E 602-49450-489 Other Miscellaneous Charges $79 05 3050610 E 801 -49400-489 Other Miscellaneous Charges__________ Total GOPHER STATE ONE-CALL $15810 $79 05 3050610 May 2003 Locates May 2003 Locates PaidChki 076119 6/23/2003 HENNEPIN CO-OP SEED EXCHANGE E 813-49830-240 Small Tools and Minor Equip $221 52 47456 Total HENNEPIN CO-OP SEED EXCHANGE $221 52 Paid 6hk« 076120 6^23/2003 HENNEPIN COUNTY INFOR TECH DPT E 101-41900-329 Other Communications $74.26 23^57181 Fertilizer Spreader Database Access 5/2003 ToUl HENNEPIN COUNTY INFOR TECH DPT $74 26 Paid Chk# 078121 6/23/2003 HENNEPIN COUNTY TR-TAX PYR SRV E 101-41410-322 Postage $24140 6/10/03 Postal Verification Cards ToUl HENNEPIN COUNTY TR-TAX PYR SRV $241 40 Paid Chk« 076122 6/23/2003 HENNEPIN COUNTY TREAS - ASSESS E 101-41550-302 Assessing Services $56.569.61 CA2317 ToUl HENNEPIN COUNTY TREAS - ASSESS $58,569 61 2nd half Assessing Paid Chk# 078123 8/23/2003 HERMAN. JOHN E 101-42110-201 Office supplies Tout HERMAN. JOHN $30 81 $30 81 6/1S/03 Prmt Cartridge >aid Chk# 076124 6/23/2003 HORNADY E 10142110-228 Training Supplies $1.305 20 E 10142110-228 Training Supplies $1,015.20 Tout HORNADY $2.32040 268957 271458 Ammunition Ammunition Paid Chk# 076125 6/23/2003 IKON OFFICE SOLUTIONS E 10141900401 Repairs/Maint-Office Equip ToUl IKON OFFICE SOLUTIONS $9.924 40 23777278 Copter Maint Agreement $9.924 40 Paid Chk# 076126 ^6/23/2003 J S R RADIATOR CORP. E 10143000403 Repairs/Maint-Misc Equip ToUl J S R RADIATOR CORP. $8835 13708 $8635 Check Condenser - JD2355 Paid Chk# 076127 6/23/2003 J.R.*S APPLIANCE DISPOSAL INC. E 10143270-442 Spring.Fall.X-mas Cleanup $430 00 35774 Microwave Disposal Tout J.R. S APPLIANCE DISPOSAL INC.$430 00 Paid Chk# 076128 6/23/2003 KD& COMPANY E 10143000-489 Other Miscellaneous Charges ToUl KDS COMPANY $2M 75 9385 $22375 Spnng Hill cufverU PSid^k# 076129 6/23/2003 KENNETH N. POTTS. PA E 10141600-306 Legal-Prosecution ToUl KENNETH N. POTTS. PA $2.39168 6/2/2003 $2,39166 Prosecutions 5/2003 Paid Chk# 076130 t'23/i003 KUSTOM SIGNALS INC E 10142110401 Repairs/Maint-Offioe Equip $214 78 E 10142110-221 Equipment Parts 8 Accessories $116 50 161620 162554 VCR Repair Bettery • Speed Gun ! CITY OF ORONO Check Detail Register® Pages Total KU8TOM SIGNALS INC Paid 076131 6/23/2003 LMCIT-BERKLEY AOMIN E 703^0960-361 General Liability Ins JUNE 2003 Chack^rt Invoica Comment $331 28 E 703-49960-151 Worker's Comp Insurance Prem Total LMCrr^RKLEY ADMIN $19.78925 13151 $32,721 00 1722 Comp Munic Cov Pyiwit S3 Work Comp 2nd Half $52,510 25 Paid Chki 076132 6/23/2003 LONG LAKE POWER EQUIPMENT E 613-49830-223 Bldg/Grounds Maint Supplies Total LONG LAKE POWER EQUIPMENT $1191 47100 $1191 Autocut Spool ^siddhkP 076133 6/23/2003 LONG LAKE. CITY OF E 227-45500-489 Other Miscellaneous Charges 0 601-16500 Fixed Asset-Const in progress G 601-16500 Fixed Asset-Const in progress ToUl LONG LAKE. CITY OF $469 13 31303 $3.82905 51403-3 $2,147.60 61203 $6 445 98 Add Charges 600 Mhz Radio LL/Orono Interconnect LL/Orono Interconnect Paid Chki 076134 6/23/2003 LUBE TECH E 101-43000-212 Motor Fuels A Lubricants Total LUBE TECH $30051 961292 $300.51 04. Washer Fluid Paid Chki 076135 6/23/2003 MALLOY MONTAGUE KARNOWSKIA CO E 101-41900-301 Auditing and AccTg Services $6.363 00 11662 Totel MALLOY MONTAGUE KARNOWSKI A CO Audit RfP #2 $6.363 00 Paid Chki 076136 6/23/2003 MCCARTHY WELL COMPANY E 613-49830404 RepairsiJaint-BldgsKkounds $65013 19090 Electncal • GC Pump Total MCCARTHY WELL COMPANY $650 13 Paid Chki 076137 6/23/2003 MET COUNCIL ENVIRONMENTAL SER R 101-39610 Miscellaneous Revenue ($5100) 5/2003 0101-20809 SAC Charges due to MWCC $5.100 00 5/2003 Total MET COUNCIL ENVIRONMENTAL SER Sac 5^3 Sac 5/2003 $5.049 00 Paid Chki 076138 6/23/2003 MET COUNCIL ENVIRONMENTAL SVCS E 602-49450-383 MWCC-Current Charges $22,568 00 75763 Total MET COUNCIL ENVIRONMENTAL SVCS $22,568 00 Wastewater • 7/2003 Paid Chki 076139 6/23/2C03 MIDWEST ASPHALT E 101-43000-224 Street Maint Materials/Supply Total MIDWEST ASPHALT $143 02 $143 02 71027MB Hand Patch Paid Chki 076140 6/23/2003 MINN COMM E 101-42110-321 Telephone E 602-49450-321 Telephone E601-4940D321 Telephone Total MINNCOMM $73 76 $33 61 $33 61 20261006033 48300506036 48300506036 Po6oe Pagers Pagers • PW Pagers-PW $14098 Paid Chki 076141 ^6/23/2003 MINNETONKA BEACH. CITY OF R 231-35610 Drug Forfeitu^ $450 00 R 231-35610 Drug Forfeitures Total MJNNETONKABEACH.CfTYOF $1.050 00 Grvbovski Keatmg forfeiture/GrvbovM forfeiture/Keating $1.50000 Paid Chki 076142 6/23/2003 MN DEPT OF HEALTH E 601-49400-441 Licenses A Taxes Total MN DEPT OF HEALTH $23 00 Oberaigner Operator Lioense-Oberaigner $23 00 J CITY OF ORONO 06/20/03 9:29 AM Page 6 *Check Detail Register<§> « • JUNE 2003 fsn Check Amt Invoke Comment 076143 MN DEPT Of REVENUE O 101 -20806 Due to Govts-State Sales Tax G 651-20806 Due to Govts-State Sales Tax G 613-20806 Due to GovU-State Sales Tax $360.00 Sis Tx 5/03 $227.90 Sis Tx 5/03 $1,623.00 Sis Tx 5/03 Sales Tax 5/2003 Sales Tax 5/2003 Sales Tax 5/2003 R 101-34210 General Taxable Sales/Servioe R 101-34650 Police Reports ToUrf MN DEPT Of REVENUE $7.00 SbTx5/03 $1100 SlsTx5A)3 $2,228.00 Sales Tax SQ003 Sales Tax S/2003 Paid Chtdl 076144 6/23/2003 MN POLLUTION CONTROL AOENCY-2 E 602-49450-441 Licenses & Taxes $23 00 Brinkhaus Operater Cert • Brinkhaus E 602-49450-441 Licenses & Taxes $23 00 Obrien Operater Cert - Obrien E 602-4945CM41 Licenses & Taxes $23 00 Palmer Operater Cert - Palmer Total MN POLLUTION CONTROL AOENCY-2 $69 00 Paid Chk# 07614S 6/23/2003 MOUND, CITY OF E 101-42260-318 Fire Services $32.935 00 920 3rd Qtr 2003 Fire Sefvloe Total MOUND. CITY Of $32.93500 Paid Chk# 076146 6/23/2003 MR AU6IES COFFEE SERVICE E 613-49900-092 Soft Drinks For Resale $49.50 21580 Coffee for Resale Total MR AUGIE8 COFFEE SERVICE $4950 Paid Chk# 076147 6/23/2003 NAVARRE HARDWARE E 101-42110-221Equipment Parts & Acoessories $8 51 117459 Padlock - Trailer E 101-45200-221Equipment Parts & Accessories $3 18 117485 Basketball Net E 101-42110-221Equipment Parts & Accessories $9 02 117605 Cleaning Supplies E 101-42110-221Equipment Parts & Accessories $8 92 117929 Paint E 101-43000-221Equipment Parts & Accessories $19.78 117990 Light Bu8)s E 101-42110-221Equipment Parts & Accessories $169 118017 Key E 101-43000-221Equipment Parts & Accessories $38 30 118156 batteries. Sprayer E 101-41900-201 Office supplies $2 33 118163 Dtth Soap E 613-49830-223 Bldg/Grounds Maint Supplies $28 60 118289 Pols E 613-49830-201 Office supplies $1.69 118290 Key E 613-49830-221 Equipment Parts & Accessories $24 22 118504 Mose & Hardware E 101-43000-224Street Maint Materlats/Supply $26 73 118557 Clamps. Ties E 101-43000-224Street Maint Materia*s/Si^ply $18 05 118582 Sand E 101-42110-221Equipment Parts & Accessories $3 39 118604 Key E 613-49830-101 Fuii-Time Employees Regular $29 34 118631 Rake. Broom. Mop E 101-42110-221Equipment Parts A Accessories $7.44 118655 Anb Siph BaHcock E 613-49830-201 Office supplies $934 118657 Cleaning Supplies E 101-45200-221Equipment Parts & Accessories $1275 118942 Pakit E 101-45200-223Bkig/Grounds Maint. Si^iplies $4213 119147 Paint.Wood Lath E 613-49830-223Bidg/Grounds Maint Supplies $25 82 119148 Maint Supplies Total NAVARRE HARDINARE $321 23 Paiddhk# 076148 6/23/2003 NEOPOST E 101-41900-401 Repairs/Maint-Office Equip $693 32 41366837 Meier RenUI 6/29/034)4 Total NEOPOST $693 32 Paid Chk# 076149 6/23/2003 OFFICE DEPOT E 101-41900-201 Office supplies $141 00 207211495 Office Supplies E 101-42110-201Office supplies $115 38 207211495 Office Suppliee Total OFFICE DEPOT $256 36 Paid 6hk« 076150 6/23/2003 OLD DUTCH fOOOS INC. E 613-49900-093 Cortoessions For Resale-Tkbl $13 44 8000688 Cheis for Resale ♦ CITY OF ORONO 06/20A)3 9 29AM Page? *Check Detail Register® JUNE 2003 Check Amt Invoice Commefit E 613-49900-093 Concessions For Resaie-Txbl ToUl OLD DUTCH FOODS INC $1260 $26 04 6000785 Chips for Resale Paid Chk« 076151 6/23/2003 OMAN» LYLE E 101-42400*331 Travel Expenses E 101-42400-331 Travel Expenses E 101-42400-331 Travel Expenses E 101-42400-331 Travel Expenses E 101-42400-331 Travel Expenses Total OMAN. LYLE $30 36 $30 70 $36 22 $3691 $43 50 4/28A)3 5/13/03 5/15/03 5/6/03 6/12/03 Mileage Reimbursement Mileage Reimbursement Mileage Reimbursement Mileage Reimbursement Mileage Reimbursement $177.69 l>aidChk« 076152 OTTEN BROTHERS E 101-41900-r23 Bldg/Grounds Maint Supplies E 613-49830-2^3 Bldg/Grounds Maint. Supplies E 101-41900-404 Repairs/Maint-Bldgs/Grounds E 601-49400-227 CUIity System Maint. Supplies ToUl OTTEN BROTHERS $27.64 $8978 $67.31 $2524 $209.97 298354 298354 298354 298354 Grass Seed. Sod Hostas Sod Sod • Main Break PaidChk# 076153 6^3/2003 PRAIRIE RESTORATIONS INC. E 101-45200-404 Repairs/Maint-Bldgs/Grounds $3M^ 51214 Total PRAIRIE RESTORATIONS INC. $354.86 Weed Control Fr Creek Paid Chk« 076154 6/23/2003 PRECISION BUSINESS SYSTEMS E 101-41900-201 Office supplies $195 10 E 101-41900-401 Repairs/MaintOffice Equip Total PRECISION BUSINESS SYSTEMS $171 27 75414 75414 Toner. Onim • PO Fax Toner. Drum - PD Fax $36637 Paid Chk« 076155 6/23/2003 PRECISION TURF E 613-49830-223 Bldg/Grounds Maint Supplies Total PRECISION TURF $581 70 20927 Herbicide $581.70 Paid Chk« 076156 6/23/2003 QWEST E 601-49400-321 Telephone $103 00 612E44-0016 Phone Service Tout QWEST $10300 Paid Chk« 076157 6/23/2003 REED VENDING E 613-49900-093 Concessions For Resale-Txbl ToUl REED VENDING $85 95 4003 Concessions for Resale $85 95 Paid Chk# 076158 6/23/2003 SAFETY SIGNS E 101-43000-415 Other Equipment Rentals Tout SAFETY SIGNS $18^^58 $181 58 30599 Barricades Paid Chk« 076159 6/23/2003 SCHWABB INC. E 101-41900-201 Office supplies ToUl SCHWABB INC. $35 73 N45325 Notary Stamp $35 73 Paid Chk# 076160 6/23/2003 8HAUGHNESSY. COLIN E 101-45200-404 Repairs/Mamt-Bldgs/Orounds Total SHAUGHNESSY. COLIN $2.000 00 $2^000 00 501/03 Park Mowing 50003 Paid Chkf 076161 6030003 SNYDER DRUG STORES E 101-42110-221 E 101-42110-221 E 101-42110-201 E 101-42110-221 E 10142110-201 Equkxnent Parts 6 Accessories Equipment Parts A Accessories Office supplies Equipment Parts A Accessories Office suppies $637 $5642 $1264 $73.44 $2 94 40/03 5/13A)3 6/191/03 601/03 Tap# PotoroMFHm Meanaa FIm PaparTow^ CITY OF ORONO *Check Detail RegisteitS) 06/20/03 9:29 AM Pages JUNE 2003 Check Amt Invoice Comment E10M2110-221 Equipment Parts & Accessories Tout SNYDER DRUG STORES $3.18 5/27/03 Film Processing $154.99 Paid Chk# 076162 6/23/2003 STANTON GROUP E 101-41900-469 Other Miscettaneous Charges E 101-41900-489 Other Miscenaneous Charges Total STANTONGROUP $126 50 335446 $137.75 335447 $264.25 COBRA Adm 5/2003 FSAAdm 5/2003 PaidChki 076163 6/23/2003 STATE OF MN CPV PROGRAM E 101-42110-489 Other Miscellaneous Charges $150 00 CPV E 101-41900-489 Other Miscellaneous Charges $100 00 CPV E 602-49450-489 Other Miscellaneous Charges $250 00 CPV Total STATE OF MN CPV PROGRAM ' $500 00 CPV 7/1/2003-6/30/2004 CPV 7/1/2003-6/30/2004 CPV 7/1/2003-6/30/2004 Paid Chk# 076164 6/23/2003 STREICHERS E 101-42110-226 Clothing & personal equipment E 101-42110-226 Clothing & personal equipment E 101-42110-226 Clothing & personal equipment E 101-42110-226 Clothing & personal equipment E 101-42110-226 Clothing & personal equipment E 101-42110-226 Clothing & personal equipment E 101-42110-226 Clothing 6 personal equipment E 101-42110-226 Clothing & personal equipment E 101-42110-226 Clothing & personal equipment Tout STREICHERS $889.90 362633.3 $39.30 365419.1 $21.95 3668201 $58 90 3668251 $36 95 366826 1 $292 79 3666281 $125.82 367056.1 $41 54 367058.2 ($21.25) 367589.1 BalTisticVest Light Pants • Johnson Belt. Pants • Famlok Pants - Tomcheck Uniform • Russeth Uniform Items-Johnson Name Tags Return $1,485.90 Paid Chk# 076165 6/23/2003 THORPE DIST CO. E 613-49900-091 Beer For Resale Total THORPE DIST CO. $83 8^ 300022 $83785 Beer for Resale Paid Chk# 076166 S/2V200Z TOLL GAS S WELDING SUPPLY E 101-43(KX)-415 Other Equipment Rentals 420581 ToUl TOLL GASS WELDING SUPPLY $6 05 CyOiKier Rental Paid Chk# 076167 6^23^003 TONKA EQUIPMENT COMPANY E 601-49400-403 Repairs/Maint-Misc. Equip $2.161.79 10395 Total TONKA EQUIPMENT COMPANY $2.16179 Water Plant Parts Paid Chk# 076168 6/23/2003 UNIFORMS UNLIMITED E 101-42110-226 E 101-42110-226 E 101-42110-226 E 101-42110-240 E 101-42110-226 E 101-42110-240 E 101-42110-226 E 101-42110-226 E 101-42110-226 E 101-42110-226 E 101-42110-226 E 101-42110-226 E 101-42110-226 Clothing & personal equipment Clothing & peitonal equipment Clothing & personal equipment Smail Tools and Minor Equip Clothing & personal equ'pment Small Tools and Minor Equip Clothing & personal equipment Clothing 6 personal equipment Clothing & personal equipment Clothing & personal equipment Clothing & personal equipment Clothing & personal equipment Clothing 6 personal equipment Total UNIFORMS UNUMITED $244.56 $66 50 $2635 $3.41469 $204 40 $572.44 $171.84 $152.45 $3350 $22 18 $39922 $61983 $268 95 $6,196.91 171517 172691 174976 175667 176258 176527 176762 177137 177434 177485 177519 177786 177626 Uniform Supplies • Persell Shirt - Persell Uniform Accessories Taser. Accessories Rain Coat. Pants - Herman Taser Accessories Uniform Supplies - Johnson Uniforms • Russeth Shirt - Persell Badge Case Holster Famiok Shuoukfer Patches Jackets Paid Chk# 076169 6/2W003 UNIV OF MINNESOTA E 101-41300-437 Training 6 Development $395 00 dodge Clerks Instkule-Dodge CITY OF ORONO 06/2(V03 9 29 AM P*g«9 *Check Detail Register® JUNE 2009 Check Amt invoice CommenI Total UmVOFKMNNESOTA $395 00 PaidChk# 076170 0^3/2003 WINTERNHEIMER. AU88A E 101-41300-319 Other Professional Services _ Tout VMNTERNHEIMrfl.ALi8aA $260.00 43 Council Minutes 6/9^3 $260.00 >aidd^kl 076171 6/2^/2003 XCEL ENERGY E 101-42110-381 E 101-45200-381 E 101-43000-381 E 101-42110-381 E 101-41900-381 E 101-43000-386 E 613-49830-381 E 601-49400-381 E 602-49450-381 Oas A Electric Gas A Electric Gas A Electric Gas A Electric Gas A Electric Street Lighting Gas A Electric Gas A Electric Gas A Electric Total XCEL ENERGY $9.42 $22.88 $39342 $561.77 $1.31070 $1.330 62 $38373 $3,007.35 $1.769 01 118059677715 Electrical Service 118059677715 Electrical Service 118059677715 Electrical Service 118059677715 Electrical Service 118059677715 Electrical Service 118059677715 Electrical Service 118059677715 Electrical Service 116059677715 Electrical Service 118059677715 Electrical Service $8,788 90 PaidChki 076264 6/6/2003 HENNEPIN COUNTY TR-TAX PYR 8RV E 101-41300-433 Memberships A Suhscriptions $25.0 0 SPos Total HENNEPINCOUNTYTR-TAXPYR8RV $25 00 Record Notary ^•idChkf 076259 PRAIRIE OFFSET E 101.4520(M04 R«pairs/Maint.8ldgWOroun(l« ToUl PRAIRIE OFFSET ($354.86) 51214 Void Clwck 76259 ($354.86) TS5^Har57S55 B5S53 precision business systems E 613.49830-223 BMgASroundt MoM. SuppNM ($581.70) 1903 Void Check 76260 Total PRECISION BUSINESS SYSTEMS ($581.70) 10100 Primary Coah $492,035 59 Fund Summary 101 GENERAL FUND 227 IMPR/EQUIP CAPITAL OUTLAY FUND 231 ORUG/FELONY FORFEITURE FUND 425 NAVARRE FIRE STATION PROJ FUND 601 WATER OPERATING FUND 602 SEWER OPERATING FUND 613 GOLF COURSE 651 STORM WATER UTILITY OP FUND 703 INSURANCE FUND 10100 Primary Cash $152,011.99 $469 13 $1,500 00 $196.223 50 $11,51331 $72,90169 $4,67872 $227 00 $52,51025 $492.035 59 mfobi ^tion ITEMS COUNCIL MEETING OF JUN 2 3 2005 OUYOt- UHONU ♦ % miDnehaha Oreek Ziil'Watershed Distrid i.. Improving Quality of Water, Quality ofLife Established hi 1967 *• i.- ClTVOrW;-.-. Ma9: 18202 MnnelonkaBlvd.. OMptuMn. MN 55391 Phone; (952) 471-0590 Fax:(952)471-0682 Email; adminttminnehahacfeek erg Web Site: www.minnehahacreek.org Board ol Managers Pamela Blixt James Calkins Lance Fisher Susan Qoetz Monica Gross Richard Mier Scott Thomas 0 PrMatf Oft SMBMIlld June 10.2003 Dear Mooney Lake Resident: The purpose of this letter is to provide an update on the Mooney Lake high water level situation and what action has been taken since last fall to address this problem. Record rainfall received last summer and fall resulted in the highest water levels ever recorded on Mooney Lake and caused flooding of low-lying properties, but no structures, along the shoreline of the lake. The water level peaked at an elevation of 991.5 on September 8,2002. To reduce the risk of structural flooding of homes along the lake, the Minnehaha Creek Watershed District (MCWD) and City of Plymouth acted cooperatively to implement an emergency pumping plan last fall to lower water levels on Mooney Lake as much as possible prior to winter freeze up. The pumping was authorized by the Minnesota Department of Natural Resources (DNR) under a general permit, which allowed temporary pumping on an emergency basis for flood protection. Water was pumped from the southeast bay of Mooney Lake through an above-ground pipe and into a ditch along the north side of County Road 6 that drains into Pinetree Pond in Plymouth. Water was pumped out of lake on a continuous basis over a two-month period in October and November. Earlier this year the MCWD prepared an emergency pumping plan and applied for a permit from the DNR to cover additional emergency pumping if required this year and into the future. Representatives of the MCWD, Hennepin County, and the Cities of Plymouth, Medina, and Orono met previously in November 2002 and January 2003 to review progress of the emergency pumping described above and to establish target water surface elevations for Mooney Lake to guide future pumping operations. It was mutually agreed upon that emergency pumping would start and stop when Mooney Lake water levels reach elevations 990.0 and 989.0, respectively in the spring/summer and reach elevations 989.0 and 988.0, respectively in the fall. The permit was issued by the DNR last month on May 20,2003 approving the emergency pumping plan and the established target pumping elevations. Upon termination of last year ’s emergency pumping, the water level of Mooney Lake had dropped to an elevation of 990.0 in early December 2(X)2. The lower water levels were a result of both the pumping and natural losses from infiltration and evaporation. During the pumping period, the month of October was wetter than normal, w hile the month of November was e.xtremely dry. Water levels on Mooney Lake were monitored by the MCWD over the winter by taking water level measurements through the ice. Water levels continued to drop reaching a low point on February 27,2003 at an elevation of 988.5, a drop of three feet from its record high in September 2002. A staff gauge was installed on Mooney Lake in early April 2003 as soon as the ice along the edge of the lake had melted. Weekly water level readings and readings after significant rainfall events have been taken since that time. Water levels on Mooney Lake this spring remained below elevation 989.0 until mid-May when water levels went up as a result of heavy rainfall received in the Twin Cities area. Based on the water level reading taken today, the lake is now at an elevation of 989.2, which is about 10 inches below the established spring/summer target pumping elevation of 990.0 feet. Water levels on the lake will continue to be monitored throughout the year and the MCWD and City of Plymouth are prepared to initiate emergency pumping utilizing a temporary pumping system similar to the one implemented last fall should lake levels reach the target pumping elevations approved under the DNR permit. The MCWD has also begun work on the emergency pumping infrastructure study. Due to the occasional need to conduct emergency pumping and the relative high costs associated with constructing an intake structure and purchasing pumps, it was determined by the MCWD, Hennepin County, and the local communities that a more feasible alternative would be to look into the possibility of installing a permanent electrical power supply and underground conveyance pipes to acconunodate future emergency pumping. Once the permanent infrastructure system is in place and should emergency pumping be required, a dewatering contractor would be hired to install and operate submersible pumps placed in the lake, similar to those used last fall. Our engineers, Wenck Associates, Inc., met with City of Plymouth staff last month to review potential pumping routes for a permanent system. The study will evaluate three or four pumping routes and associated costs with installing the permanent infrasuiicture system to provide flood protection. It is anticipated that the study will be completed and presented to the MCWD Board of Managers later this month. Thank you for your patience and understanding as we work towards a solution to address the high water problems on Mooney Lake. Please feel free to contact me at 9S2-47 1-0590 if you have any questions regarding this letter. Sincerely, tbn, Aa piinisjiafor Minnehaha Creek Watershed District cc:Plymouth City Manager Medina City Manager Orono City Manager MCWD Board of Managers Commissioner Penny Steele The Honorable Judy Johnson District Engineer mtini' fVj TRANSIENT MERCHANT LICENSE DATE ISSUED: DATES OF TRANSIENT MERCHANT ACTIVITY: NAME OF TRANSIENT MERCHANT: PHONE NUMBER: LOCATION OF TRANSIENT MERCHANT SALES: TYPE OF PRODUCT: June 6, 2003 June 27 thru July 6.2003 Total of todays Minnesota Wholesale Fireworks, Inc. (Denny Neiberger) 952473-5225 3425 Shoreline Drive (near Champion Auto in Navarre in 30’ x 60’ tent) Noncxplostve and Nonaerial Consumer Fireworks CONDITIONS: 1. Location of30’ x 60’ tent must be a minimum of 25 feet from all streets and buildings, as shown on the attached diagram. 2. Permit holder must comply with all rules and regulations of the Minnesota State Statutes, Minnesota Uniform Fire Codes and City of Orono Municipal Code. 3. Permit holder to provide Certi ficate of Insurance in amount of at least $ 1,000,000, in which the City is named as an additional insured. 3. Business must be conducted between the hours of 8:00 a.m. and 8:(X) p.m. 4. Tent must be of fire resistant fabric and proprietor must provide a certificate of flame resistance. 5. A minimum of one pressurized-water portable fire extinguisher per 800 square feet of retail sales area must be on site at all times. 6. “No Smoking’’ signs must be posted in clear view at all customer entrances. 7. Applicant must provide the name and phone numbers for at least tw o “Emergency Contacts” in case of afler hour's emergency. Emergency contact names and phone numbers must be provided to the Mound Fire Marshal at the time of fire safety inspection. 8. A copy of the signed, approved fire safety inspection must be maintained at the retail location and be available upon request by the Fire Chief or Fire Marshal. 9. A fire safety inspection with the Mound Fire Marshal must be scheduled a minimum of (72) hours in advance through the Mound Fire Department at (952) 472-3555. 10. Personnel to be provided on-site 24 hours per day, or all fireworks must be locked in a secure location. 11. Temporary sign permit must be obtained from the City of Orono. 12. This transient merchant license 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. (City Seal) Ronald J. Moorse, City Administrator 2750 Kelley Parkway, P.O. Box 66, Crystal Bay, MN 55323 Phone; 952-2494600 / Fax: 952-249-4616/www.ci.orooo.im.us f ^ ^ ^ * •KCS6 In EGSe^S Mediacom MEDIACOM COMMUNITY LEADER JUNE 2003 Important information for Elected Officials, Staff, and Community Leaders from your Cable Television and Broadband Serv ices Provider VIRTUAL CALL CENTER A REALITY! There is some exciting news for Mediacom communities and our custtmers. Mediacom is currently implementing a -lew telephone traffic handling system that will p’ovide improved service while preserving our local pr isence. Utilizing the latest technology in telephone traffic routing equipment and software, Mediacom telephone customer service centers are being interlinked as a virtual r^ntact center. This system allows local calls to flew to local representatives as they have been previously while routing calls to customer service representatives aaoss all Mediacom phone centers if all local representatives are handling other calls. The Introduction of this telephone switch translates into the availability of a greater number of customer service representatives available to answer customer calls at all times of the day for improved customer availability and reduced customer waiting experiences. The system will also provide additional customer service enhancements to streamline the customer response process. For example, the new telephone switch works in tandem with the bi'ling and scheduling system to present customer acrount information instantly to the customer service representative when the switch recognizes the caller ’s telephone number. A menu driven automatic response unit will allow those customers who want to pay their bill with a credit card or reschedule service appointments. The account recognition feature and the automatic response units will save valuable time for the customer and Mediacom Customer Service Representatives. The new system is expected to provide additional customer service handling features and benefits as the implementation evolves in stages. Mediacom has invested millions of dollars to implement ti.is phone handling process rather than creating mega call centers similar to the practices of other cable operators, satellite providers and utilities. By creating a virtual call center, Mediacom affirms its commitment to improving customer service and to maintaining a local position in communities. Mediacom values the experienced employees in our call centers that would have been relocated or released if the mega call centers had been utilized. We hope this investment will maximize customer service experiences and minimize future costs to limit future price increases. “We appreciate the patience and support of our customers as we move into this new arena of customer service." Charles King, North Central Divisional Vice President MEDIACOM ADDRESSES CABLE PROGRAMMING RATES Mediacom has continued its efforts to address the issue of escalating programming rates. The programming rates are paid by Mediacom to ESPN. Disney, and others to redistribute content to our customers. Some programmers, particularly sports programming providers, have insisted on double-digit increases and have ‘bundled” other less popular programming channels as part of these contracts. They also have prevented the ability to offer such programming on an ala carte basis. Large multi-media companies who also own cable programming interests have provided the largest cable operators with programming discounts that are not available to other operators such as Mediacom. Mediacom, at the leadership of its Chairman, Kocco Commisso, has undertaken an aggressive effort to change the practices of programmers. To date, Mediacom has: 1. Publicly offered to freeze rates if programmers would do likewise. 2. Filed comments with the FCC in support of media cross ownership rules. 3. Supported the Petition for Inquiry of the American Cable Association to combat price discrimination. 4 Met with FCC and other Federal officials to discuss pricing practices. 5. Conducted over 100 visits with Senators and Congressional representatives to raise the awareness of the issue. Mediacom will continue to work to change the practices of the programmers and attempt to include a broad range of programming choices at competitive rates. CONTACT MEDIACOM Ci^stomer Service: 1-800-800-CABLE Bill JeiiMR, OirKtor of OporaUono, MN1-S0743S-23S6 Randy Brown. Regional VP, lA 1-31»-3tMMt Tom Bordwoll. Sr. Mgr. Oov. RoMiona 1482440 SSi2 Theresa Sunde. Oov. Relations Coord. 1*8074384386 m MiniMtola DtpartmMil of Ihmiportition IMfopoHlM Dhrision WiAonEd^ 1500 WmI County Rood B2 RoMvio, MN 55113 • 0 ^ " June 19,2003 Mr. and Mrs. David Gardella 1230 Orono Oaks Drive Orono.MN 55356 Re: S.P. 2713-75 (T.H. 12) Parcels 92D Dear Mr. and Mrs. Gardella: As requested, the lease allowing you to stay in the house at the above address will be extended through August 31 ,2003. You should be receiving that document for your signatures next week. We are contracting with septic system designers and construction folks to remove the existing sq>tic system and tanks and replace with new tanks, a primary septic system, and a secondary septic system. Provided that the weather cooperates, the new system will be installed and operational by July 15,2003. Please note that construction will be working in the area by mid-July. They plan to immediately start clearing and grubbing and prq>aring the area for the noise and retaining wall construction. Sincerely, Debra M. Anderson, P.E. Metro Division RAV Engineer cc:Lt. Govemor/Commissioner Molnau Senator Gen Olson Bob McFarlin A1 Pint Tom O’Keefe Barbara Peterson, ^yor of Orono ^ An equal opportunity employer HI. My name is John Malcolm Hollander and I am interested in being appointed to the City Council. I have attached my qualifications. I ask you to make note of an additional class which was presented by Grey, Plant and Mooty - by Skip Humphrey - the title of the class was Xonservation of Wetlands ” that I completed. I am a licensed Real Estate Broker and also Subdivided Land Authority and have been since 1989 - So therefore I have extensive knowiedoe of land use. Because of mv extensive knowledge in Real Estate. I received a waiver from the Department of Commerce in 1989 of the requirement that you have to work for a broker for 2 years. The Department of Commerce told me that if I took course I, II, III and the broker’s course and pass the brokers exam all within 3 months they would give me a waiver. 1 did that and received the waiver and my broker's license as well as my Subdivided Land License. I have lived in Orono since 1956. I am a down to earth Christian Conservative and Conservationist who believes in Compromise. I would be an asset to t?;» community and the City Councili My favorite quotes are: "Patience is a virtue.” "Nothing great was ever achieved without enthusiasm.' "I take pride in what I do as I am a Christian.” "if you don't ask, you will always be wondering what if.' PROSOURCE Educational Services 1295 Bandana Blvd N, Suite 245 St. Paul, MN 55108 Printed: 6/20/2003 STUDENT TRANSCRIPT 178925531 JOHN M HOLLANDER 200 HOLLANDER ROAD WAYZATA.MN 55391 Coaipictio Course a Date Title 5/7/2003 5/1/2003 4/29/2003 4/26/2003 6/6/2002 5/16/2002 5/15/2002 4/28/2002 3/16/2002 3/9/2002 3/3/2002 6/13/2000 5/23/2000 5/18/2000 614/1999 5 26/1999 5/26/1998 LD HOW TO REALLY REPRESENT BUYERS HOUSES: SPRINKLERS. PONDS AND PAVERS HOW TO REPAIR CRACKED OR BROKEN CREDIT WHEN SERVICE IS THE PRODUCT HOUSES: GREEN SIDE UP! 5/31/2002 HOUSES: FROM THE OUTSIDE IN 2002 AGENCY/FAIR HOUSING LITE: A LEGAL HOUSES: HOW TO READ BLUEPRINTS EARTH. WIND, FIRE AND WATER INTRODUCTION TO RETAIL PROPERTY INTRODUCTION TO COMMERCIAL REAL ESTATE ROBO AGENT 2002 TROUBLESHOOTING THE CLOSING AGENCY/FAIR HOUSING 2000 5/22/2000 INTERNET REAL ESTATE RESOURCES ROBO AGENT 00 TITLE INSURANCE: FROM COMMITMENT TO HOUSES: NEW CONSTRUCTION SALES 5/'29/l998 HOUSES: ENVIRONMENTAL HAZARDS IN THE HOME ARBITRATION DISPUTE RESOLUTION Approved For REAL ESTATE CONTINUING REAL ESTATE CONTINUING REAL ESTATE CONTINUING REAL ESTATE CONTINUING CONTRACTOR CONTINUING REAL ESTATE CONTINUING APPRAISER CONTINUING HOME INSPECTION REAL ESTATE CONTINUING REAL ESTATE CONTINUING REAL ESTATE CONTINUING INSURANCE CONTINUING REAL ESTATE CONTINUING REAL ESTATE CONTINUING REAL ESTATE CONTINUING REAL ESTATE CONTINUING REAL ESTATE CONTINUING APPRAISER CONTINUING CONTRACTOR CONTINUING REAL ESTATE CONTINUING APPRAISER CONTINUING CONTRACTOR CONTINUING REAL ESTATE CONTINUING REAL ESTATE CONTINUING REAL ESTATE CONTINUING CONTRACTOR CONTINUING REAL ESTATE CONTINUING APPRAISER CONTINUING CONTRACTOR CONTINUING REAL ESTATE CONTINUING REAL ESTATE CONTINUING www.prosource.com Ccrtincit eNo. M0OI8O3N M0I4786N M00I790N R940286 M98I452N M98H52N M00I874N M00I874N M00I874N M0I4789N M020248N M0I480IN M0I480IN M96I356N M950327N M0I4788N M97I940N M99I629N M99I629N M99I629N M97I471N M971471N M97I47IN M99I626N M95I835N M960I60N M960I60N M980098N M980098N M980098N M96I353N Page 1 of 3 Credi t 3.75 3.75 3.75 3.75 3.75 3.75 3.75 3.75 3.75 3.75 3.75 3.75 3.75 3.75 3.75 3.75 3.75 4.00 4.00 4.00 3.75 3.75 3.75 3.75 3.75 7.50 7.50 3.75 3.75 3.75 3.75 PROSOURCE Educational Services 1295 Bandana Blvd N, Suite 245 St. Paul, MN 55108 Printed: 6/20/2003 STUDENT TRANSCRIPT Page 2 of3 Complctio a Date 6M2/1997 6/10/1997 6/9/1997 5/30/1997 5/17/1996 5/10/1996 5/7/1996 5/1/1996 4/21/1995 3/19/1995 3M8/1995 5/13/1994 5/10/1994 4/26/1994 421/1993 420/1993 5/22/1992 5/19/1992 622/19*9 5/14/1989 178925531 JOHN M HOLLANDER 200 HOLLANDER ROAD WAYZATA.MN 55391 Course Title 5/13/1998 CAPITAL FORMATION AND THE SECONDARY 4/30/1998 1998 AOENCY/FAIR HOUSING CASE STUDIES HOW TO FINANCE EVERYONE...ALMOST! WIN/WIN REAL ESTATE NEGOTIATIONS ROBO-AGENT *97 TAX-WISE TIPS FOR INDEPENDENT CONTRACTORS WHEN SERVICE IS THE PRODUCT HOW TO pm TOGETHER A TAX-DEFERRED AGENCY: BUYER REPRESENTATIOHTAIR TITLE INSURANCE: FROM COMMITMENT TO AGENCY REQUIREMENTS IN BUYER AFTER THE SALE...BUT BEFORE THE CLOSING COMMERCIAL PURCHASE AGREEMENT INTRODUCTION TO SMALL BUSINESS SALES MN AGENCY AND FAIR HOUSING-94 REAL ESTATE AND THE WALL STREET JOURNAL HOUSES: NEW CONSTRUCTION SALES HOME INSPECTIONS: THE BASICS FAIR HOUSING: 1992 AGENTS GUIDE TO HOMEOWNERS 1 AX BROKER'S COURSE REAL ESTATE LICENSE EXAM PREPARATION Approved Certiflcat Credi For eNo.t INSURANCE CONTINUING M980639N 3.75 REAL ESTATE CONTINUING M950328N 3.75 WISCONSIN INSURANCE 033103 4.00 APPRAISER CONTINUING M*'71472N 4.00 CONTRACTOR CONTINUING M97I472N 4.00 REAL ESTATE CONTINUING M971472N 4.00 REAL ESTATE CONTINUING M960I55N 3.75 APPRAISER CONTINUING M960158N 3.75 REAL ESTATE CONTINUING M960158N 3.75 REAL ESTATE CONTINUING M961362N 3.75 CONTRACTOR CONTINUING M952I08N 3.75 REAL ESTATE CONTINUING M952I08N 3.75 REAL ESTATE CONTINUING R940286 3.75 APPRAISER CONTINUING M96014IN 3.75 REAL ESTATE CONTINUING M960I4IN 3.75 REAL ESTATE CONTINUING M951838N 4.00 REAL ESTATE CONTINUING M951835N 3.75 REAL ESTATE CONTINUING M950334N 3.75 REAL ESTATE CONTINUING R940242 7.50 REAL ESTATE CONTINUING M950332N 3.75 REAL ESTATE CONTINUING R880207 7.50 REAL ESTATE CONTINUING R940246 4.00 APPRAISER CONTINUING A9402I6 3.75 INSURANCE CONTINUING 1940420 3.75 REAL ESTATE CONTINUING R900332 3.75 REAL ESTATE CONTINUING R920663 7.50 REAL ESTATE CONTINUING R920666 7.50 REAL ESTATE CONTINUING R920650 2.00 REAL ESTATE CONTINUING R88206 3.75 BROKER LICENSING ■ 111 30.00 REAL ESTATE LICENSING N/A 0.00 www.prosource.com PROSOURCE Educatiooal Services 1295 Bandana Blvd N, Suite 245 St. Paul, MN 55108 Printed: 6/20/2003 STUDENT TRANSCRIPT Page 3 of 3 I I7892SS31 JOHN M HOLLANDER 200 HOLLANDER ROAD WAYZATA.MN 55391 Conpletk) Coarse a Date Title Approved For Certifleat eNo. Credi t 5/4/1989 COURSE III Aamm course ii REAL ESTATE LICENSING REAL ESTATE LICENSING R300203-7-8 N/A 30.00 30.00 wwWoproMHrcfoeom